Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 127.000 - Licensing Of Mammography Facilities › Enforcement › Section 127.036 - Grounds for Denial, Modification, Limitation, Revocation or Refusal to Renew a License

Current through Register 1525, July 5, 2024
(A)
Specific Grounds
. The Department may issue an order
				denying, revoking, modifying, limiting, or refusing to renew a license sought
				or issued under
				105 CMR
				127.000 for any one of the following reasons:
(1) The applicant or licensee failed to
				submit the information required for licensure under
				105 CMR
				127.000.
(2) The applicant failed to meet the
				requirements for licensure as specified in M.G.L. c. 111, § 5Q and/or
				105 CMR
				127.000.
(3) The applicant or licensee is not suitable
				and responsible to operate a mammography facility.
(4) The applicant or licensee obtained or
				attempted to obtain or maintain a license by fraud, misrepresentation, or by
				the submission of incorrect, false or misleading information.
(5) The applicant or licensee failed to pay
				licensure and/or registration fees.
(6) The applicant or licensee failed to pay
				civil penalties or criminal fines levied in accordance with of M.G.L. c. 111,
				§ 5P or 50 and/or
				105 CMR
				127.000.
(7)
(a) The
				applicant or licensee failed to allow duly authorized agents of the Department
				to conduct inspections.
(b) The
				applicant or licensee attempted to impede the work of duly authorized
				representatives of the Department or the enforcement of any provisions of
				M.G.L. c. 111, §§ 5N through 5Q or
				105 CMR
				127.000.
(8) The facility has been denied a
				certificate of inspection by the Department.
(9) The applicant or licensee has been
				convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
				facts sufficient for a finding that he or she is guilty of, any criminal
				violation relating directly or indirectly to his or her fitness to be licensed
				under
				105 CMR
				127.000 including, but not limited to:
(a) Medicare or Medicaid fraud;
(b) a crime relating to the operation of
				mammography services;
(c) rape,
				assault or other violent crimes against persons; and
(d) a drug related crime.
(10) A mammography facility owned
				or operated by the applicant or licensee has been the subject of proceedings
				which resulted in the suspension, denial, modification, limitation, or
				revocation of the license or refusal of renewal of the license or has been the
				subject of proceedings which resulted in the denial, cancellation, or
				revocation of the Medicaid/Medicare certification of the facility.
(11) A mammography facility owned or operated
				by the applicant or licensee has been the subject of proceedings which were
				ultimately resolved by settlement agreement but which were initiated to
				suspend, deny, modify, limit, or revoke or refuse renewal of a license or to
				deny, cancel, or revoke the Medicaid/Medicare certification of the
				facility.
(12)
(a) The applicant or licensee has been
				disciplined in another jurisdiction in any way by a licensing authority for
				reasons substantially the same as those set forth herein,
(b) The applicant or licensee failed to
				report to the Department, within the time period provided by law or regulation,
				any legal or disciplinary action or proceeding initiated against the licensee
				or any person employed by the facility by another licensing jurisdiction
				(United States or foreign), any health care institution, any professional
				society or association, any government agency, any law enforcement agency, or
				any court for acts or conduct substantially the same as acts or conduct which
				would constitute grounds for suspension, denial, modification, limitation,
				revocation or refusal to renew a license under
				105 CMR
				127.000,
see
105
				CMR 127.035 and 127.036(A), or which would in
				any way relate directly or indirectly to his or her fitness to be licensed
				under
				105 CMR
				127.000, to the care of patients at the facility, or
				to the continued operation of the facility.
(13) The applicant or licensee operated a
				mammography facility after the expiration of the license.
(14) The applicant or licensee failed to
				remedy or correct a cited violation by the date specified in the written notice
				from the Department under M.G.L. c. 111, § 50 or by the date specified in
				the plan of correction accepted or modified by the Department, unless the
				applicant or licensee demonstrates to the satisfaction of the Department that
				such failure was not due to neglect of duty and occurred despite his or her
				good faith attempt to make corrections by the specified time.
(15) The applicant or licensee engaged in or
				aided in the falsification of mammography results including, but not limited
				to, the reporting of such false results to any patient.
(16) The applicant or licensee operated or
				maintained a mammography facility in a manner which endangers public health,
				safety, or the environment.