15 Miss. Code. R. 16-1-47.9.1 - Denial or Revocation of License: Hearings and Review
The licensing agency, after notice and opportunity for a hearing to the applicant, owner, or licensee, is authorized to deny, suspend, or revoke a license, or deny renewal of a license, in any case in which it finds that there has been a substantial failure to comply with the requirements established under the law and these regulations. Also, the following shall be grounds for denial, suspension, or revocation of license:
1. Fraud on the part of the applicant,
licensee, owner, operator, director, or administrator in applying for a
license, or renewal of license.
2.
Willful or repeated violations by the licensee of any of the provisions of
Miss. Code Ann. §
43-11-1 et seq, and/or of the
rules, regulations, and minimum standards established by the licensing
agency.
3. Use of controlled
substances not prescribed by a licensed healthcare professional by the
licensee, other employees, or personnel of the licensed facility while on the
facility premises during hours of operation.
4. Use of alcoholic beverages by the licensee
or other personnel of the licensed facility to the extent which threatens the
well-being or safety of the residents.
5. Conviction of the licensee, owner,
operator, director, or administrator of a felony or any crime involving abuse,
neglect, or exploitation of a vulnerable person as defined in Miss. Code Ann. §
43-47-1 or any other conviction
for a crime of violence as defined in Miss. Code Ann. §
97-3-2.
6. Publicly misrepresenting the licensed
facility and/or its services.
7.
Conducting, permitting, aiding, or abetting the commission of any unlawful
act.
8. Conduct or practices
detrimental to the health or safety of residents and employees of said licensed
facility. Detrimental practices include but are not limited to:
A. Cruelty to a resident or indifference to
the needs which are essential to the general well-being and health.
B. Misappropriation of the money or property
of a resident.
C. Identity
theft.
D. Failure to provide food
adequate for the needs of a resident.
E. Inadequate staff to provide safe care and
supervision of a resident.
F.
Failure to notify a physician, physician's assistant, or nurse practitioner and
resident's responsible party/next of kin, in a timely manner, of any changes in
resident's condition or status, including those which require transfer or
discharge.
G. Admission or
continued stay of a resident whose condition demands care beyond the level of
care provided by the licensed facility as determined by its
classification.
9. A
violation of 24-hour supervision requirement and/or the transfer of a resident
from the licensed facility to any unlicensed facility may result in the
facility's license being made provisional for a period of 90 days. At the end
of that 90-day period, if corrective actions have not been taken by the
licensed facility, that Provisional License may be revoked.
10. Refusal to permit full inspection,
survey, or investigation of the facility, to include any assessments,
interviews, or record reviews deemed necessary by the licensing
agency.
11. Failure to renew the
facility license annually within 30 days post-expiration of the license that
expires March 31.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.