Suspension of Treatment — Transition Plan — Notice — Corrective Action Plan — Special Monitor
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In those cases where the conditions of any pain management clinic are, or are likely to be, detrimental to the health, safety, or welfare of any patient, the commissioner of health has the authority to suspend treatment of any new or existing patients to the clinic pending a prompt hearing before an administrative judge.
In the event a suspension under this section affects existing patients, the pain management clinic shall provide written notice and other appropriate notice to patients. The pain management clinic shall develop a transition plan to maintain continuity of care for the patients and to minimize the impact of transition to alternative care arrangements. The plan shall be developed in conjunction with the department. The pain management clinic shall assist each patient in locating an alternative placement or treatment resource, which shall be specified in the transition plan. The transition plan shall also include the most recent version of the patient's plan of care. The commissioner may promulgate rules specifying additional components of the transition plan in accordance with this part.
The commissioner is authorized to withdraw the suspension of treatment at any time prior to a hearing, based on information presented to the commissioner showing that such conditions have been and will continue to remain corrected.
Whenever the commissioner suspends the treatment of any new patients, the commissioner shall detail, in a notice to the clinic, the specific violations causing the suspension. The notice shall be prominently posted at the clinic so as to be readily available to the public.
The notice shall detail what conditions are considered detrimental to the health, safety, or welfare of the patients.
Within ten (10) days of receiving the notice described in subsection (d), a pain management clinic shall submit a corrective action plan to the commissioner delineating the measures to be taken to address violations and associated time frames. If it is deemed by the commissioner to be necessary to ensure the health, safety, and welfare of clinic patients, the commissioner may require the clinic to take all necessary actions to correct violations immediately.
If the clinic complies with the conditions described in subsection (e), the commissioner may lift the suspension, unless other conditions exist that warrant an additional suspension or continuation of the suspension. The commissioner has the authority to:
Continue or modify the suspension of treatment;
Withdraw the suspension of treatment;
Suspend or condition the license of the clinic; and
Enter other orders as the commissioner deems necessary.
During a suspension of treatment pursuant to this section, the commissioner may appoint one (1) or more special monitors, if the deficiency threatens serious harm to the patients of the clinic. The commissioner may appoint a special monitor or monitors at any other time, if the commissioner has reason to believe that deficiencies exist in a clinic that are detrimental to the direct care of the patients. Whenever the appointment of monitors is utilized pursuant to this section, the commissioner shall appoint a sufficient number of monitors to ensure their presence in the clinic for a minimum of twenty (20) hours per week. The monitors shall observe the operation of the clinic and shall submit written reports periodically to the commissioner on the operation of the clinic. Persons appointed as monitors shall be duly qualified to discharge their responsibilities. While employed as monitors, they shall represent the department with the power to observe and review all of the clinic's operation, with attention to those aspects for which the suspension of admission was imposed. When appointment of a monitor or monitors is mandated by this section, the clinic shall be liable for the costs of the special monitors, until it has been determined that the deficiencies have been corrected. The commissioner may retain a monitor in a clinic after acceptance of a correction plan and issuance of compliance to evaluate the clinic's continued compliance, but such continued monitoring shall be at the expense of the department. The costs of the monitors for which a clinic is responsible shall be recoverable as follows:
Addition of such costs to the clinic's licensing fee, the renewal of the clinic's license to be contingent upon the prior payment of the costs; or
By suit of the department in the circuit or chancery court of competent jurisdiction to recover the costs.
Judicial review shall be available pursuant to § 4-5-322.