40-3207. Denial, suspension or revocation of certificate; administrative penalty; notice; hearing.
40-3207
40-3207. Denial, suspension or revocation ofcertificate; administrative penalty; notice; hearing.When the commissioner has reasonablecause to believe that groundsfor the denial, suspension or revocation of a certificate exists or whenthe commissioner levies an administrative penalty, such commissionershall notify the health maintenance organization or medicare providerorganization in writing stating thegrounds upon which the commissioner believes the certificate should bedenied, suspended or revoked or the penalty levied. The applicant may,within 15 days from receipt of such notice, make writtenrequest to the commissioner for a hearing thereon. The commissionershall hear such party or parties within 20 days after receiptof such request in accordance with the provisionsof the Kansas administrative procedure act.
Upon the request of the commissioner, a representative of thesecretary of health and environment who is licensed to practice medicineand surgery shall be in attendance at the hearing and shall participatein the proceedings. Recommendations received pursuant to this subsectionmay be rejected or accepted in full or in part by the commissioner.Nothing in this subsection shall be construed to limit or modify in anyway the authority given by the provisions of this act to thecommissioner to deny, suspend or revoke a certificate or to levy anadministrative penalty in lieu of suspension or revocation.
History: L. 1974, ch. 181, § 7;L. 1975, ch. 462, § 51;L. 1986, ch. 318, § 43;L. 1988, ch. 356, § 117;L. 1998, ch. 174, § 16; July 1.