Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 49 - MINIMUM STANDARDS FOR OPERATION FOR INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES › Subchapter 9 - PROVISION FOR HEARING AND APPEAL FOLLOWING DENIAL OR REVOCATION OF LICENSE; PENALTIES › Rule 15-16-1-49.9.1 - Administrative Decision

Current through June 25, 2024
The licensing agency will provide an opportunity for a
						fair hearing to every applicant or licensee who is dissatisfied with
						administrative decisions made in the denial or revocation of a license or for
						adverse actions or who qualifies pursuant to Subchapter 8 to appeal
1. The licensing agency shall notify the
					 applicant or licensee by certified mail or personal service the particular
					 reasons for the proposed denial or revocation of license. Upon written request
					 of applicant or licensee within ten (10) days of the date of notification the
					 licensing agency shall fix a date not less than thirty (30) days from the date
					 of such service at which time the applicant or licensee shall be given an
					 opportunity for a prompt and fair hearing.
2. The licensing agency shall notify the
					 licensee of a ban on all admissions imposed as a result of immediate jeopardy
					 survey findings. The ban on admissions will be imposed five (5) calendar days
					 after the receipt of the notice by the licensee of the ICF-IID and/or the
					 ICF-IID residential community home. A hearing must be requested within five (5)
					 calendar days of receipt of the notice. In addition, the licensing agency shall
					 provide notice to the licensee related to compensation and per diem costs for a
					 temporary manager and/or state monitoring as applicable. Within 15 days of
					 receipt of the notice, the ICF-IID or the ICF-IID Residential Community Home
					 shall pay the bill or request an administrative hearing to contest the costs
					 for which it was billed. The licensing agency shall fix a date not less than
					 ten (10) days from the date of such service at which time the licensee of the
					 ICF-IID or the ICF-IID residential community home shall be given an opportunity
					 for a prompt and fair hearing.
3.
					 On the basis of such hearing or upon default of the applicant or licensee, the
					 licensing agency shall make a determination specifying its findings of fact and
					 conclusions of law. A copy of such determination shall be sent by registered
					 mail to the last known address of the applicant or licensee or served
					 personally upon the applicant or licensee.
4. The decision revoking, suspending, denying
					 the application of license shall become final thirty (30) days after it is so
					 mailed or served upon the applicant or licensee; however in matters involving
					 the revocation, suspension, or denial of an application or license, or adverse
					 actions imposed by the licensing agency as a result of immediate jeopardy
					 survey findings resulting in a ban on all admissions, and compensation and per
					 diem costs related to a temporary manager and/or state monitoring as
					 applicable, the applicant or licensee may within such thirty (30) day period,
					 appeal the decision to the Chancery Court pursuant to §
											43-11-23 of the
					 Mississippi Code of 1972, as amended. An additional period of time may be
					 granted at the discretion of the licensing agency.
Miss. Code Ann.
						§
												43-11-13