(a) Type A civil penalties shall be assessed by the executive director of the health facilities commission in the executive director’s order suspending the admission of any new patients to the nursing home, as provided in § 68-11-252.
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(b)(1) Within three (3) working days after concluding the inspection or investigation, the executive director may initiate type A civil penalty proceedings by mailing a notice to the facility, stating the executive director’s decision to suspend the admissions of new patients.(2) Within eight (8) working days after concluding the inspection or investigation, the health facilities commission shall mail to the nursing home the executive director’s order, which shall detail the alleged facts and pertinent law with particularity, and shall also inform the nursing home of its right to contest the action.(c) Should any nursing home exercise its right to a hearing in contest of both the assessment of a type A civil penalty and the suspension of admissions, the matters shall be consolidated for hearing before an administrative judge and, should reconsideration of the administrative judge’s initial order be requested by either party pursuant to § 4-5-317, the matters may be separated with the board for licensing health care facilities reviewing the suspension of admissions and the civil penalty being reviewed as provided in §§ 68-11-811 – 68-11-818.
