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.