Pa. Code 711.17

Refusal or revocation

This section establishes the grounds on which the Pennsylvania Department may refuse to issue or revoke a certificate of compliance for a behavioral health facility, including noncompliance with regulations, fraud, abuse of clients, or physical conditions endangering health and safety. It also sets out the procedural steps the Department must follow before revoking a certificate, including written notice by certified mail, a correction period, and a show-cause process with hearing rights. As an enforcement/revocation section within Chapter 711, it governs the same facility types licensed under that chapter.

28 Pa. Code § 711.17 - Refusal or revocation 

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(a)
 The Department may revoke or refuse to issue a certificate of compliance for any of the following reasons:
(1)
 Failure to comply with a directive issued by the Department.

(2)
 Violation of, or noncompliance with, this chapter.

(3)
 Failure to comply with a plan of correction approved by the Department, unless the Department approves an extension or modification of the plan of correction.

(4)
 Gross incompetence, negligence, or misconduct in the operation of the facility.

(5)
 Fraud, deceit, misrepresentation, or bribery in obtaining or attempting to obtain a certificate of compliance.

(6)
 Lending, borrowing, or using the certificate of compliance of another facility.

(7)
 Knowingly aiding or abetting the improper granting of a certificate of compliance.

(8)
 Mistreating or abusing individuals cared for or treated by the facility.

(9)
 Continued noncompliance in disregard of this part.

(10)
 Operating a facility that by nature of its physical condition endangers the health and safety of the public.

(b)
 If the Department proposes to revoke or refuse to issue a certificate of compliance, it will give written notice to the facility by certified mail, stating the following: 
(1)
 The reasons for the proposed action.

(2)
 The specific time period for the facility to correct deficiencies.

(c)
 If the facility does not correct the deficiencies within the specified time, the Department will officially notify the holder of the certificate of compliance that it must show cause why its certificate of compliance should not be revoked under 1 Pa. Code §
35.14
 (relating to orders to show cause), and that it has a right to a hearing authorized by the Department on this question. A request to the Department for a hearing shall be filed, in writing, within 30 days of receipt of the show cause order.

(d)
 Subsection (c) supplements 1 Pa. Code § 
35.14
.

Notes

28
 Pa. Code §
 
711.17

This section cited in 28 Pa. Code §
 
715.14
 (relating to denial,
 revocation or suspension of
 approval).

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