§ 1067.15. Procedures for the Imposition of a Temporary Suspension of a Laboratory or Clinical Laboratory Under the Medi-Cal Program.

(a) The department may impose a Temporary Suspension on a provider of laboratory services prior to hearing if the laboratory has condition level deficiencies or there is immediate jeopardy and in the director's opinion such action is necessary to protect the public welfare or the interests of the Medi-Cal program.

(b) If the department is imposing a Temporary Suspension on a provider of service, the following procedures apply:

(1) The department shall serve the laboratory with a Notice of Sanction which includes the following information:

(A) The sanction or sanctions to be imposed against the laboratory, and

(B) The effective date and duration of sanction.

(2) At the same time as the Notice of Sanction is served, the department shall serve the laboratory with an Accusation. Included with the Accusation is a Notice of Defense in the following form: Unless a written request for a hearing signed by the owner(s) or director(s) of the laboratory is delivered or mailed to the department within 15 days after the Notice of Sanction and Accusation were served, no hearing shall be held regarding the imposition of the sanctions identified in the Notice of Sanction. A request for a hearing may be made by delivering or mailing the enclosed form entitled Notice of Defense, or by delivering or mailing a notice of defense as provided by section 11506 of the Government Code to: The Department of Health Services at the address noted on the Notice of Sanction. The laboratory may, but need not, be represented by counsel at any or all stages of these proceedings.

(3) The laboratory shall have 15 days from the date of receipt of the Notice of Sanction to request a hearing by delivering or mailing a Notice of Defense. Hearings shall be conducted in accordance with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code, except that hearings may be conducted by departmental hearing officers appointed by the director.

(4) The effective date of a Temporary Suspension of a clinical laboratory or laboratory under the Medi-Cal program shall not be delayed because the laboratory has appealed the sanction under (b)(3), above, and the hearing or the hearing decision is pending.

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 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; and Section 14105, Welfare and Institutions Code. Reference: Stats. 1995, c.510, Section 1; Section 1265, Business and Professions Code; Section 14123, Welfare and Institutions Code; 42 United States Code, Section 1395w-2 (Section 1846 of the federal Social Security Act); 42 United States Code, Section 1396a(a)(9) (Section 1902(a)(9)(C) of the federal Social Security Act); and Sections 11503, 11505 and 11506, Government Code.