Alteration of in-home services provider agency contracts,procedure--letters of censure--staying of suspensions--appeal process.
660.310. 1. Notwithstanding any other provision of law, if thedepartment of health and senior services proposes to deny, suspend, placeon probation, or terminate an in-home services provider agency contract,the department of health and senior services shall serve upon the applicantor contractor written notice of the proposed action to be taken. Thenotice shall contain a statement of the type of action proposed, the basisfor it, the date the action will become effective, and a statement that theapplicant or contractor shall have thirty days from the date of mailing ordelivery of the notice to file a complaint requesting a hearing before theadministrative hearing commission. The administrative hearing commissionmay consolidate an applicant's or contractor's complaint with anyproceeding before the administrative hearing commission filed by suchcontractor or applicant pursuant to subsection 3 of section 208.156, RSMo,involving a common question of law or fact. Upon the filing of thecomplaint, the provisions of sections 621.110, 621.120, 621.125, 621.135,and 621.145, RSMo, shall apply. With respect to cases in which thedepartment has denied a contract to an in-home services provider agency,the administrative hearing commission shall conduct a hearing to determinethe underlying basis for such denial. However, if the administrativehearing commission finds that the contract denial is supported by the factsand the law, the case need not be returned to the department. Theadministrative hearing commission's decision shall constitute affirmationof the department's contract denial.
2. The department of health and senior services may issue letters ofcensure or warning without formal notice or hearing.
3. The administrative hearing commission may stay the suspension ortermination of an in-home services provider agency's contract, or theplacement of the contractor on probation, pending the commission's findingsand determination in the cause, upon such conditions, with or without theagreement of the parties, as the commission deems necessary andappropriate, including the posting of bond or other security except thatthe commission shall not grant a stay, or if a stay has already beenentered shall set aside its stay, unless the commission finds that thecontractor has established that servicing the department's clients pendingthe commission's final determination would not present an imminent dangerto the health, safety, or welfare of any client or a substantialprobability that death or serious physical harm would result. Thecommission may remove the stay at any time that it finds that thecontractor has violated any of the conditions of the stay. Such stay shallremain in effect, unless earlier removed by the commission, pending thedecision of the commission and any subsequent departmental action at whichtime the stay shall be removed. In any case in which the department hasrefused to issue a contract, the commission shall have no authority to stayor to require the issuance of a contract pending final determination by thecommission.
4. Stays granted to contractors by the administrative hearingcommission shall, as a condition of the stay, require at a minimum that thecontractor under the stay operate under the same contractual requirementsand regulations as are in effect, from time to time, as are applicable toall other contractors in the program.
5. The administrative hearing commission shall make its finaldecision based upon the circumstances and conditions as they existed at thetime of the action of the department and not based upon circumstances andconditions at the time of the hearing or decision of the commission.
6. In any proceeding before the administrative hearing commissionpursuant to this section, the burden of proof shall be on the contractor orapplicant seeking review.
7. Any person, including the department, aggrieved by a finaldecision of the administrative hearing commission may seek judicial reviewof such decision as provided in section 621.145, RSMo.
Alteration of in-home services provider agency contracts,procedure--letters of censure--staying of suspensions--appeal process.
660.310. 1. Notwithstanding any other provision of law, if thedepartment of health and senior services proposes to deny, suspend, placeon probation, or terminate an in-home services provider agency contract,the department of health and senior services shall serve upon the applicantor contractor written notice of the proposed action to be taken. Thenotice shall contain a statement of the type of action proposed, the basisfor it, the date the action will become effective, and a statement that theapplicant or contractor shall have thirty days from the date of mailing ordelivery of the notice to file a complaint requesting a hearing before theadministrative hearing commission. The administrative hearing commissionmay consolidate an applicant's or contractor's complaint with anyproceeding before the administrative hearing commission filed by suchcontractor or applicant pursuant to subsection 3 of section 208.156, RSMo,involving a common question of law or fact. Upon the filing of thecomplaint, the provisions of sections 621.110, 621.120, 621.125, 621.135,and 621.145, RSMo, shall apply. With respect to cases in which thedepartment has denied a contract to an in-home services provider agency,the administrative hearing commission shall conduct a hearing to determinethe underlying basis for such denial. However, if the administrativehearing commission finds that the contract denial is supported by the factsand the law, the case need not be returned to the department. Theadministrative hearing commission's decision shall constitute affirmationof the department's contract denial.
2. The department of health and senior services may issue letters ofcensure or warning without formal notice or hearing.
3. The administrative hearing commission may stay the suspension ortermination of an in-home services provider agency's contract, or theplacement of the contractor on probation, pending the commission's findingsand determination in the cause, upon such conditions, with or without theagreement of the parties, as the commission deems necessary andappropriate, including the posting of bond or other security except thatthe commission shall not grant a stay, or if a stay has already beenentered shall set aside its stay, unless the commission finds that thecontractor has established that servicing the department's clients pendingthe commission's final determination would not present an imminent dangerto the health, safety, or welfare of any client or a substantialprobability that death or serious physical harm would result. Thecommission may remove the stay at any time that it finds that thecontractor has violated any of the conditions of the stay. Such stay shallremain in effect, unless earlier removed by the commission, pending thedecision of the commission and any subsequent departmental action at whichtime the stay shall be removed. In any case in which the department hasrefused to issue a contract, the commission shall have no authority to stayor to require the issuance of a contract pending final determination by thecommission.
4. Stays granted to contractors by the administrative hearingcommission shall, as a condition of the stay, require at a minimum that thecontractor under the stay operate under the same contractual requirementsand regulations as are in effect, from time to time, as are applicable toall other contractors in the program.
5. The administrative hearing commission shall make its finaldecision based upon the circumstances and conditions as they existed at thetime of the action of the department and not based upon circumstances andconditions at the time of the hearing or decision of the commission.
6. In any proceeding before the administrative hearing commissionpursuant to this section, the burden of proof shall be on the contractor orapplicant seeking review.
7. Any person, including the department, aggrieved by a finaldecision of the administrative hearing commission may seek judicial reviewof such decision as provided in section 621.145, RSMo.
Alteration of in-home services provider agency contracts,procedure--letters of censure--staying of suspensions--appeal process.
660.310. 1. Notwithstanding any other provision of law, if thedepartment of health and senior services proposes to deny, suspend, placeon probation, or terminate an in-home services provider agency contract,the department of health and senior services shall serve upon the applicantor contractor written notice of the proposed action to be taken. Thenotice shall contain a statement of the type of action proposed, the basisfor it, the date the action will become effective, and a statement that theapplicant or contractor shall have thirty days from the date of mailing ordelivery of the notice to file a complaint requesting a hearing before theadministrative hearing commission. The administrative hearing commissionmay consolidate an applicant's or contractor's complaint with anyproceeding before the administrative hearing commission filed by suchcontractor or applicant pursuant to subsection 3 of section 208.156, RSMo,involving a common question of law or fact. Upon the filing of thecomplaint, the provisions of sections 621.110, 621.120, 621.125, 621.135,and 621.145, RSMo, shall apply. With respect to cases in which thedepartment has denied a contract to an in-home services provider agency,the administrative hearing commission shall conduct a hearing to determinethe underlying basis for such denial. However, if the administrativehearing commission finds that the contract denial is supported by the factsand the law, the case need not be returned to the department. Theadministrative hearing commission's decision shall constitute affirmationof the department's contract denial.
2. The department of health and senior services may issue letters ofcensure or warning without formal notice or hearing.
3. The administrative hearing commission may stay the suspension ortermination of an in-home services provider agency's contract, or theplacement of the contractor on probation, pending the commission's findingsand determination in the cause, upon such conditions, with or without theagreement of the parties, as the commission deems necessary andappropriate, including the posting of bond or other security except thatthe commission shall not grant a stay, or if a stay has already beenentered shall set aside its stay, unless the commission finds that thecontractor has established that servicing the department's clients pendingthe commission's final determination would not present an imminent dangerto the health, safety, or welfare of any client or a substantialprobability that death or serious physical harm would result. Thecommission may remove the stay at any time that it finds that thecontractor has violated any of the conditions of the stay. Such stay shallremain in effect, unless earlier removed by the commission, pending thedecision of the commission and any subsequent departmental action at whichtime the stay shall be removed. In any case in which the department hasrefused to issue a contract, the commission shall have no authority to stayor to require the issuance of a contract pending final determination by thecommission.
4. Stays granted to contractors by the administrative hearingcommission shall, as a condition of the stay, require at a minimum that thecontractor under the stay operate under the same contractual requirementsand regulations as are in effect, from time to time, as are applicable toall other contractors in the program.
5. The administrative hearing commission shall make its finaldecision based upon the circumstances and conditions as they existed at thetime of the action of the department and not based upon circumstances andconditions at the time of the hearing or decision of the commission.
6. In any proceeding before the administrative hearing commissionpursuant to this section, the burden of proof shall be on the contractor orapplicant seeking review.
7. Any person, including the department, aggrieved by a finaldecision of the administrative hearing commission may seek judicial reviewof such decision as provided in section 621.145, RSMo.
