Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 140.000 - Licensure Of Clinics
Subpart A - LICENSING AND OTHER ADMINISTRATIVE PROCEDURES
Application for License
Section 140.102 - Application for a License
Universal Citation: 105 CMR 140.000 MA Code of Regs 140.102
Current through Register 1531, September 27, 2024
(A) Applications for licensure shall be made on forms prescribed by the Department. The term "application" as used in 105 CMR 140.102 shall include initial and renewal applications.
(B) In support of an application for an original or renewal license, each applicant shall submit the following information, updated as required by 105 CMR 140.107:
(1) Information concerning ownership or
control that identifies:
(a) If owned by an
individual, partnership or trust, the names and ownership percentages of such
individual, partners or trustees, except, in the case of a limited partnership,
such information shall be provided only for those limited partners owning 5% or
more of the partnership interest and the general partner.
(b) If owned by a privately held for-profit
corporation, the names of all stockholders who hold 5% or more of any class of
the outstanding stock, specifying the percentage owned.
(c) If owned by a not-for-profit corporation,
the names of the members and directors of the corporation.
(d) The name and ownership percentage of each
individual who directly or indirectly has any ownership interest of 5% or more,
unless otherwise provided pursuant to 105 CMR 104.102(B)(1)(a), (b) or
(c).
(2) If ownership of
the clinic has been transferred, satisfactory documentary evidence (such as a
contract or a deed) showing ownership of the clinic has been transferred to the
applicant.
(3) Any information
required by the Commissioner as part of the application, including such
additional information concerning ownership or control as the Commissioner may
require.
(C) Deemed-by-accreditation Licensure for Ambulatory Surgery Centers. The Department may deem the conditions of original or renewal licensure in 105 CMR 140.000 satisfied for an ambulatory surgery center (ASC) meeting the requirements of 105 CMR 140.102(C).
(1)
Deemed-by-accreditation
Original License. An ASC meeting the following criteria shall be
eligible to apply for a deemed-by-accreditation original license from the
Department.
(a) on the date of application,
the entity is accredited to provide ambulatory surgery services by the
Accreditation Association for Ambulatory Health Care, Inc. (AAAHC), the Joint
Commission, the American Association for Accreditation of Ambulatory Surgery
Facilities (AAAASF) or any other national accrediting body as determined by the
Department; and
(b) on the date of
application, the entity is certified or has applied for certification as an ASC
by the Centers for Medicare and Medicaid Services for participation in the
Medicare program;
(2)
Deemed-by-accreditation Renewal License. An ASC
meeting the following criteria shall be eligible to apply for a
deemed-by-accreditation renewal license from the Department:
(a) on the date of application, the entity is
accredited to provide ambulatory surgery services by the Accreditation
Association for Ambulatory Health Care, Inc. (AAAHC), the Joint Commission, the
American Association for Accreditation of Ambulatory Surgery Facilities
(AAAASF) or any other national accrediting body as determined by the
Department; and
(b) on the date of
application, the entity is certified as an ASC by the Centers for Medicare and
Medicaid Services for participation in the Medicare program;
(3)
Application for
Deemed-by-accreditation License. An application for a
deemed-by-accreditation original or renewal license shall be made on forms
prescribed by the Department. The applicant or licensee shall:
(a) submit the information required by 105
CMR 104.102(B);
(b) release to the
Commissioner a copy of the applicant or licensee's current accreditation letter
and the accrediting agency's explanation of its survey findings; and (c) for a
deemed-by-accreditation original license, comply with the requirements of
105 CMR 140.103(A),
(B), (C)(2), and (D).
(4)
Evaluation of
Deemed-by-accreditation License Application. The Department shall
not approve an application for deemed-by-accreditation original or renewal
license, unless it determines:
(a) the
requirements of
105 CMR 140.108(B)
and
105 CMR
140.109 relating to responsibility and
suitability are met; and
(b) for a
deemed-by-accreditation original license, the requirements of
105 CMR 140.108(C)
relating to determination of need or
exemption there from are met.
(5)
Obligations of
Deemed-by-accreditation Licensee. Upon issuance of a
deemed-by-accreditation original or renewal license, a licensee is subject to
all of the requirements of
105 CMR
140.000, unless otherwise specified. In addition, a
deemed-by-accreditation licensee shall:
(a)
permit Department staff to participate in any summation conference(s) scheduled
at the completion or renewal of accreditation; and
(b) release to the Commissioner any other
accreditation information requested or specified in guidelines of the
Department.
(6)
Suspension, Denial, Refusal to Renew, or Revocation of
Deemed-by-accreditation License.
(a) Following the procedures in
105 CMR 140.132 through
140.134,
the Commissioner may suspend, deny, refuse to renew, or revoke a
deemed-by-accreditation license on any of the grounds specified in
105 CMR
140.130 or
105
CMR 140.131.
(b) In addition the Commissioner may suspend,
deny, refuse to renew, or revoke a deemed-by-accreditation license under the
following circumstances:
1. the licensee loses
its accreditation status;
2. the
Commissioner finds the licensee is out of compliance with one or more
conditions of accreditation or determines a significant deficiency
exists;
3. the licensee's
application for Medicare certification is denied; or
4. the Commissioner finds the licensee is out
of compliance with one or more Medicare Conditions of Participation or
determines a significant deficiency exists.
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