Section 448.807-B - Sanctions.(a) Grounds for sanctions.--The department may sanction a temporary health care services agency or a controlling person of the temporary health care services agency or refuse to issue a registration to the person that owns or operates the temporary health care services agency, as applicable, for any of the following reasons: (1) Violating the provisions of this chapter or the regulations promulgated under section 808-B.(2) Failing to take immediate action to remedy a violation of the provisions of this chapter or the regulations promulgated under section 808-B in accordance with section 806-B(a).(3) Failing to submit a plan of correction to the department or failing to comply with a plan of correction in accordance with section 806-B(a).(4) Engaging in fraud or deceit in obtaining or attempting to obtain a registration.(5) Lending the temporary health care services agency's registration to another person.(6) Enabling another person to manage or operate the temporary health care services agency who is not subject to the temporary health care services agency's registration.(7) Using the registration of another person or in any way knowingly aiding or abetting the improper granting of a registration.(8) Violating an order previously issued by the department in a disciplinary matter.(9) For a temporary health care services agency operating in this Commonwealth on the effective date of this section, continuing operations without complying with the provisions of this chapter on or after the date when the provisions of this chapter are applicable to the temporary health services agency.(10) Any other reasons specified in the regulations promulgated by the department under section 808-B as necessary to implement this chapter or to protect the health and safety of health care personnel, health care facilities or the public.(b)Types of sanctions.--The department may impose any of the following sanctions for a reason specified under subsection (a):(1) Deny the application for registration or renewal of the registration.(2) Revoke, suspend, limit or otherwise restrict the registration.(3) Impose a civil penalty of no more than $5,000 for each incident in which the temporary health care services agency engages in conduct prohibited under subsection (a). Each day when the temporary health care services agency engages in conduct prohibited under subsection (a) shall constitute a separate and distinct incident.(4) Stay enforcement of any revocation, suspension, limitation or other restriction under paragraph (2) or any other discipline and place the temporary health care services agency on probation with the right to vacate the probationary order for noncompliance with the provisions of this chapter.(c) Reinstatement of registration.-- (1) If a temporary health care services agency's registration has been revoked by the department, the person that owns or operates the temporary health care services agency may not apply for reinstatement of the registration.(2) No earlier than five years after the date of the revocation of the registration, the person that owns or operates the temporary health care services agency may submit a petition to the department to apply for a new registration. The person that owns or operates the temporary health care services agency shall include an averment to facts to establish that the temporary health care services agency has been rehabilitated and the issuance of a new registration is not contrary to the public interest.(3) The department may grant or deny the petition under paragraph (2) without conducting a hearing if department accepts as true all facts averred in the petition, other than the conclusory averments regarding the temporary health care services agency's rehabilitation. If the department grants the petition under paragraph (2), the person that owns or operates the temporary health care services agency shall comply with the provisions of this chapter. If the department denies the petition under paragraph (2), the person that owns or operates the temporary health care services agency may not submit a new petition until one year has elapsed from the date of the denial.(d) Administrative proceedings.--The department shall hold hearings and issue adjudications for proceedings conducted under this chapter in accordance with 2 Pa.C.S. (relating to administrative law and procedure) and shall conduct the proceedings in accordance with 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure).(e)Judicial appeals.--Department adjudications issued under this chapter may be appealed to Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).Added by P.L. TBD 2022 No. 128, § 1, eff. 11/3/2022.