R432-3-7. Sanction Action on License

  (1) The Department may initiate an action against a health facility or agency pursuant to Section 26-21-11. That action may include the following sanctions:

  (a) denial or revocation of a license if the facility or agency fails to comply with the rules established by the Committee, or demonstrates conduct adverse to the public health, morals, welfare, and safety of the people of the state;

  (b) restriction or prohibition on admissions to a health facility or agency for:

  (i) any Class I deficiency,

  (ii) Class II deficiencies that have resulted in the substandard quality of care of patients,

  (iii) repeat Class I or II deficiencies that demonstrate continuous noncompliance or chronic noncompliance with the rules, or

  (iv) permitting, aiding, or abetting the commission of any illegal act in the facility or agency;

  (c) distribution of a notice of public disclosure to at least one newspaper of general circulation or other media form stating the violation of licensing rules or illegal conduct permitted by the facility or agency and the Department action taken;

  (d) placement of Department employees or Department-approved individuals as monitors in the facility or agency until such time as corrective action is completed or the facility or agency is closed;

  (e) assessment of the cost incurred by the Department in placing the monitors to be reimbursed by the facility or agency;

  (f) during the correction period, placement of a temporary manager to ensure the health and safety of the patients;

  (g) issuance of a civil money penalty pursuant to UCA 26-23-6, not to exceed the sum of $10,000 per violation; or

  (h) issuance of a conditional license.

  (2) If the Department imposes a restriction or prohibition on admissions to a health care facility or agency, the Department shall send a written notice to the licensee.

  (a) The licensee shall post the copies of the notice on all public entry doors to the licensed health care facility or agency.

  (b) The Department may impose the restriction or prohibition if:

  (i) the health care facility or agency has previously received a restriction or prohibition on admissions within the previous 24 month period; or

  (ii) the health care facility or agency has failed to meet the timeframes in the Plan of Correction which is the basis for the restriction or prohibition on admissions; or

  (iii) circumstances in the facility or agency indicate actual harm, a pattern of harm, or a serious and immediate threat to patients.