Utah Admin. Code R380-600-9 - Notice of Emergency Agency Actions
(1) A provider that experiences a serious
injury or death of a client shall report a critical incident to OL in
accordance with Subsection
R380-600-7(17).
(2) OL shall make the determination of
whether or not to issue an NEAA with consideration of:
(a) any known facts of the event;
(b) the provider's adherence to any licensing
rule leading up to and during the critical incident; and
(c) the immediate health and safety of the
remaining clients.
(3)
The known facts of the event are deemed proof of conduct adverse to the
standards required to provide services and promote public trust.
(4)
(a) If
OL determines that an NEAA is necessary for the protection of clients, OL may
place emergency conditions on the license to include restricting new admissions
and increased monitoring of provider operations.
(b) An NEAA shall expire 30 days after the
date of issuance.
(c) OL may
dismiss the NEAA at any time before the 30-day expiration.
(d) Issuance of an NEAA does not prevent OL
from issuing a subsequent notice of agency action or any other
sanction.
(5) The
provider may appeal an NEAA by filing a written request for an administrative
hearing with OL within five calendar days of receipt of the NEAA.
(6) NEAA conditions are immediately in effect
and the provider shall adhere to any listed conditions unless reversed by the
department's Office of Administrative Hearings or under written authorization
from OL.
Notes
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