50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license. (1) The department may deny, suspend, or revoke a health care facility license if any of the following circumstances exist:
(a) The facility fails to meet the minimum standards pertaining to it prescribed under 50-5-103.
(b) The staff is insufficient in number or unqualified by lack of training or experience.
(c) The applicant or any person managing it has been convicted of a felony and denial of a license on that basis is consistent with 37-1-203 or the applicant otherwise shows evidence of character traits inimical to the health and safety of patients or residents.
(d) The applicant does not have the financial ability to operate the facility in accordance with law or rules or standards adopted by the department.
(e) There is cruelty or indifference affecting the welfare of the patients or residents.
(f) There is misappropriation of the property or funds of a patient or resident.
(g) There is conversion of the property of a patient or resident without the patient's or resident's consent.
(h) Any provision of parts 1 through 3 is violated.
(2) The department may reduce a license to provisional status if as a result of an inspection it is determined that the facility has failed to comply with a provision of part 1 or 2 of this chapter or has failed to comply with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
(3) The denial, suspension, or revocation of a health care facility license is not subject to the certificate of need requirements of part 3.
(4) The department may provide in its revocation order that the revocation is in effect for up to 2 years. If this provision is appealed, it must be affirmed or reversed by the court.
History: En. Sec. 167, Ch. 197, L. 1967; R.C.M. 1947, 69-5209; amd. Sec. 10, Ch. 347, L. 1979; amd. Sec. 12, Ch. 415, L. 1993; amd. Sec. 253, Ch. 546, L. 1995; amd. Sec. 3, Ch. 351, L. 2007; amd. Sec. 2, Ch. 310, L. 2009.
Structure Montana Code Annotated
Chapter 5. Hospitals and Related Facilities
50-5-201. License requirements
50-5-203. Application for license
50-5-204. Issuance and renewal of licenses -- inspections
50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license
50-5-210. Department to make rules -- standards for hospices
50-5-211. Hospital hospice programs -- exemptions from separate licensure
50-5-212. Organ procurement program required
50-5-213. Requirements for home infusion therapy services
50-5-214. Requirements for retirement homes
50-5-215. Standards for adult foster care homes
50-5-216. Limitation on care provided in adult foster care home
50-5-217. through 50-5-219 reserved
50-5-220. Licensure of outdoor behavioral programs -- exemption
50-5-222. and 50-5-223 reserved
50-5-224. Renumbered 53-21-199
50-5-225. Assisted living facilities -- services to residents -- employee background checks
50-5-226. Placement in assisted living facilities
50-5-227. Licensing assisted living facilities
50-5-232. Patient protection account -- deposit of funds
50-5-233. Designation of critical access hospitals -- adoption of rules
50-5-235. Hourly limitation waivable by department or department's designee
50-5-236. and 50-5-237 reserved
50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking
50-5-239. through 50-5-244 reserved
50-5-245. Department to license specialty hospitals -- standards -- rulemaking -- moratorium
50-5-246. Specialty hospital application process -- impact study
50-5-247. Licensure of eating disorder centers -- rulemaking -- definition