Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 141.000 - Licensure of Hospice Programs
Section 141.108 - Evidence of Responsibility and Suitability
Universal Citation: 105 MA Code of Regs 105.141
Current through Register 1531, September 27, 2024
(A) In determining whether an applicant is responsible and suitable to be granted a hospice license, the Department shall consider all relevant information including, but not limited to, the following:
(1) the proposed licensee's history of prior
compliance with Massachusetts state laws and regulations governing health
facility or services operation. Assessment of this factor shall include the
ability and willingness of the applicant to take corrective action when
notified by the Department of any regulatory violations;
(2) the proposed licensee's financial
capacity to provide services in compliance with state law and
105 CMR 141.000 as
evidenced by sufficiency of present resources and assessment of past history,
including financial involvement with health care facilities that have filed
petitions for bankruptcy;
(3) the
history of criminal conduct of the applicant, and of the hospice administrator,
officers and directors as evidenced by criminal proceedings against those
individuals that resulted in convictions, or guilty pleas, or pleas of nolo
contendere, or admission of sufficient facts; and
(4) the proposed licensee's history of
statutory and regulatory compliance for health care facilities in other
jurisdictions, including proceedings in which the applicant was involved which
proposed or led to a limitation upon or a suspension, revocation, or refusal to
grant or renew a health care facility license or service's license or
certification for Medicaid or Medicare to the proposed licensee.
(B) The Commissioner will consider the evidence produced and make licensure recommendations accordingly.
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