Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

28 Pa. Code § 601.14. Reasons for revocation or nonrenewal of license.

§ 601.14. Reasons for revocation or nonrenewal of license.

 (a)  Departmental refusals. The Department may refuse to renew a license, may suspend, revoke or limit a license of a home health care agency or may suspend admissions for any of the following reasons:

   (1)  A serious violation of this subpart, the act or of other statutes and regulations, which seriously threatens the health, safety and welfare of patients.

   (2)  Failure of an owner to submit a reasonable timetable for correction of deficiencies.

   (3)  The existence of a pattern of cyclical deficiencies which extends over a period of 2 or more years.

   (4)  Failure, by the holder of a provisional license, to correct deficiences in accordance with a timetable submitted by the applicant and agreed upon by the Department.

   (5)  Fraud or deceit in obtaining or attempting to obtain a license.

   (6)  Lending, borrowing or using the license of another, or knowingly aiding or abetting the improper granting of a license.

   (7)  Incompetence, negligence or misconduct in operating the home health care agency or in providing services to individuals.

   (8)  Mistreating or abusing individuals cared for by the home health care agency.

   (9)  Serious violation of the statutes relating to Medical Assistance or Medicare reimbursement.

 (b)  Notice. Whenever the Department proposes to revoke a license, refuse to issue a license, issue a provisional license or suspend admissions, it will give written notice to the home health care agency by certified mail.

 (c)  Form of notice. Notice under subsection (b) will conform to 1 Pa. Code §  35.14 (relating to orders to show cause). The order will specify the reasons for the proposed action of the Department and will notify the home health care agency of its right to a hearing before the State Health Facility Hearing Board. The order will specify the time within which the request of the home health care agency shall be filed with the Board.

 (d)  Correction of deficiency. Whenever a home health care agency notifies the Department that it has completed a plan of correction and corrected its deficiencies, the Department will conduct a survey to ascertain completion of the plan of correction. Upon finding full or substantial compliance, the Department will issue a regular license.

 (e)  Appeal. A final order or determination by the Department relating to licensure may be appealed to the State Health Facility Hearing Board under section 805 of the act (35 P. S. §  448.805). Administrative proceedings will be conducted under the State Health Facility Hearing Board rules of practice and procedure at 37 Pa. Code Chapter 197 (relating to practice and procedure).

 (f)  Practice and procedure. Subsection (c) supplements 1 Pa. Code §  35.14.

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