Facility not entitled to hearing to contest plan of correction.

Topic: Procedure, Decided by: Judge Walker 
Docket Number: 1701961 , Decision Date: September 27, 2016 
Attachment: Click here to download the decision. 

The Department of Community Health was required to provide notice and an opportunity for a hearing prior to only certain administrative actions specified by statute.  Therefore, as requiring a facility to submit a plan of correction was not among the administrative actions for which prior notice and an opportunity for a hearing was required, the facility was not entitled to a hearing. Further, the DCH’s action was not equivalent to a Public Reprimand, nor did it impose an undue burden for which a hearing was required pursuant to the Due Process Clause.

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