§ 1065.10. Intermediate Sanctions.

(a) The department may impose on a clinical laboratory the intermediate sanction of temporary suspension of a registration or license issued under chapter 3 of division 2 of the Business and Professions Code based on a departmental finding of immediate jeopardy or other grounds identified in Business and Professions Code section 1323. The intermediate sanction becomes effective upon the serving of an Accusation. A clinical laboratory that has had an Accusation filed against it for temporary suspension of its license or registration may defend itself, its owner(s) and director(s) by filing a notice of defense in accordance with section 1323 of the Business and Professions Code. Regardless of a notice of defense being filed, the temporary suspension remains in effect at least until the hearing is completed and the department has made a final determination on the merits. A clinical laboratory that is dissatisfied with a final determination on the merits may seek judicial review in accordance with section 11523 of the Government Code.

(b) The department may impose on a public health laboratory the intermediate sanction of temporary suspension of the approval to operate a public health laboratory granted under article 5 (commencing with section 101150) of the Health and Safety Code based on a departmental finding of immediate jeopardy. The intermediate sanction becomes effective upon the serving of an Accusation. A public health laboratory that has had an Accusation filed against it for temporary suspension of its approval may defend itself, its owner(s) and director(s) by filing a notice of defense in accordance with section 11506 of the Government Code. Regardless of a notice of defense being filed, the temporary suspension remains in effect at least until the hearing is completed and the department has made a final determination on the merits. A public health laboratory that is dissatisfied with a final determination on the merits may seek judicial review in accordance with section 11523 of the Government Code.

(c) The department may impose on a provider of service the intermediate sanction of temporary suspension from participation in, including reimbursement from, the Medi-Cal and Medicaid programs based on a departmental finding of immediate jeopardy or condition level deficiencies and when in the opinion of the director of the department such action is necessary to protect the public welfare or the interests of the Medi-Cal program. The intermediate sanction becomes effective upon the serving of an Accusation. A provider of service that has had an Accusation filed against it for temporary suspension from participation in the Medi-Cal program may defend itself, its owner(s) and director(s) by filing a notice of defense in accordance with section 11506 of the Government Code. Regardless of a notice of defense being filed, the temporary suspension remains in effect at least until the hearing is completed and the department has made a final determination on the merits. A provider of service that is dissatisfied with a final determination on the merits may seek judicial review in accordance with section 11523 of the Government Code.

HISTORY

1. New section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-28-98 order, including amendment of subsection (b), transmitted to OAL 12-24-97 and filed 2-9-98 (Register 98, No. 7).

Note

Note: Authority cited: Section 1224, Business and Professions Code; Section 100275, Health and Safety Code; Stats. 1995, c.510, Section 1; and Section 14105, Welfare and Institutions Code. Reference: Stats.1995, c.510, Section 1; Section 101160, Health and Safety Code; Sections 1265, 1267, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288.5, 1289, 1310, 1320, 1323, 1324 and 1326, Business and Professions Code; Sections 11503, 11504, 11506 and 11523, Government Code; 42 USC, Section 1395x(s) [Section 1861(s) of the Social Security Act]; 42 United States Code, Section 1395w-2 [Section 1846 of the federal Social Security Act]; 42 United States Code, Section 1396a(a)(9)(C) [Section 1902(a)(9)(C) of the federal Social Security Act]; 42 United States Code, Section 1396a(a)(30) [Section 1902(a)(30) of the federal Social Security Act]; 42 USC Section 1396a(p) [Section 1902(p) of the Social Security Act]; 42 CFR Section 1002.2; 42 CFR Sections 1001.201 through 1001.1701; Section 14123, Welfare and Institutions Code; and 42 CFR Section 493.1840.