36-595

36-595. Programmatic and contractual
monitoring; deemed status

A. The department of economic security shall perform programmatic and contractual
monitoring of the services it provides or for which it contracts.

B. The department shall promulgate rules that provide for deemed status. The
department shall grant deemed status to a service provider that presents evidence that it
maintains a current accreditation from a nationally recognized agency that the department
determines maintains accreditation standards that meet the standards established by the
department. On determination by the department that there is reasonable cause to believe
a service provider is not adhering to the programmatic or contractual requirements of the
department, the department and any duly designated employee or agent of the department
may enter on and into the premises at any reasonable time for the purpose of determining
the state of compliance with the programmatic or contractual requirements of the
department. The department may revoke deemed status based on the findings of programmatic
and contractual monitoring.

C. The department of health services may deny, suspend or revoke a license for a
violation of this article or department rules. At least thirty days before the
department denies, revokes or suspends a license it shall mail the applicant or licensee
a notice of that person's right to a hearing. The department shall issue this notice by
certified mail, return receipt requested. The notice shall state the hearing date and
the facts constituting the reasons for the department's action and shall cite the
specific statute or rule violated.

D. If the person does not respond to the written notice, the department of health
services, at the expiration of the time fixed in the notice, shall take the action
prescribed in the notice. If the person, within the period fixed in the notice, conforms
the application or the operation of the facility to the applicable statute or rule, the
department may grant the license or withdraw the notice of suspension or revocation.