50-4-609. Revocation of certificate by department. - Montana Statutes

     50-4-609. Revocation of certificate by department. (1) The department shall revoke a certificate previously granted by it if the department determines that the cooperative agreement is not resulting in lower health care costs or greater access to or quality of health care than would occur in absence of the agreement.
     (2) A certificate may not be revoked by the department without giving notice and an opportunity for a hearing before the department as follows:
     (a) Written notice of the proposed revocation must be given to the parties to the agreement for which the certificate was issued at least 120 days before the effective date of the proposed revocation.
     (b) A hearing must be provided prior to revocation if a party to the agreement submits a written request for a hearing to the department within 30 calendar days after notice is mailed to the party under subsection (2)(a).
     (c) Within 30 calendar days of receipt of the request for a hearing, the department shall hold a public hearing to determine whether or not to revoke the certificate. The hearing must be held in accordance with 2-4-604.
     (3) The department shall make its final decision and serve the parties with written findings of fact and conclusions of law in support of its decision within 30 days after the conclusion of the hearing or, if no hearing is requested, within 30 days of the date of expiration of the time to request a hearing.
     (4) If a certificate of public advantage is revoked by the department, the agreement for which the certificate was issued is terminated.

     History: En. Sec. 41, Ch. 606, L. 1993; amd. Sec. 15, Ch. 378, L. 1995.