41-7-202 - Stay of commission proceedings pending appeal.
§ 41-7-202. Stay of commission proceedings pending appeal.
There shall be a "stay of proceedings" of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all statutory appeals have been exhausted or the time for such appeals has expired. The stay of proceedings provided for in this section shall not apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health-care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix).
Sources: Laws, 1983, ch. 484, § 9; Laws, 1985, ch. 534, § 12; Laws, 1986, ch. 437, § 45; Laws, 1992, ch. 512, § 2, eff from and after passage (approved May 14, 1992).