Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES
Section 153.004 - Definitions
Applicant. Any person who applies to the Department for a license to operate a long-term care facility. In the case of an applicant which is not a natural person, Applicant shall also mean any shareholder owning 5% or more; any officer and any director of any corporate applicant; any limited partner owning 5% or more and any general partner of any partnership applicant; any trustees or any trust applicant; any sole proprietor of any applicant which is a sole proprietorship; any mortgagee in possession; and any executor or administrator of any applicant which is an estate. Applicant also means a person filing a Notice of Intent form.
Commissioner. The Commissioner of Public Health or his or her designee.
Department. The Massachusetts Department of Public Health.
Facility. A long-term care facility or unit thereof and units within acute hospitals converted under provisions of St. 1988 c. 23, § 32.
Jeopardy. A situation or condition that the Commissioner has determined presents an imminent threat to the health or safety of residents.
Level I, II, III, and IV Facilities. Have the meaning of Levels of Long-term Care Facilities or Units as defined in 105 CMR 150.001: Definitions.
License. Any license issued by the Department, including a renewal or a provisional license, or subsequent to a transfer of ownership and a determination by the Department that the prospective licensee is responsible and suitable for licensure, or, upon the failure of the Department to notify said prospective licensee in writing of its decision within 90 days or one additional period to be agreed upon by the parties not to exceed 30 days, the filing of an application for a license. This application shall have the effect of a license until the Department takes final action on the application pursuant to M.G.L. c. 111, § 71 and 105 CMR 153.000.
Licensee. Any person holding a license to operate a long-term care facility. In the case of a licensee which is not a natural person, Licensee shall also mean any shareholder owning 5% or more, any officer and any director of any corporate licensee; any limited partner owning 5% or more and any general partner of a partnership licensee; any trustee of any trust licensee; any sole proprietor of any licensee which is a sole proprietorship; any mortgagee in possession and any executor or administrator of any licensee that is an estate.
Long-term Care Facility. Any institution, whether conducted for charity or profit, that is advertised, announced or maintained for the express or implied purpose of providing four or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, infirmaries maintained in towns and charitable homes for the aged.
Long-term Care Ombudsman. The program established pursuant to M.G.L. c. 19A, § 28.
Notice of Intent Form. A form prescribed by the Department through which an applicant notifies the Department of its intent to acquire a long-term care facility and/or to apply for a license to operate a long-term care facility.
Person. Any natural person, corporation, society, association, partnership or other entity.
Provisional or Probationary License. A license issued for not more than one year to an applicant or facility when public necessity and convenience require, or to prevent undue hardship.
Resident. Any individual receiving care in a facility or the resident's health care agent, if the resident has an activated health care proxy.
Transfer of Ownership. A transfer of a majority interest in the ownership of a long-term care facility. In the case of a corporation, transfer of a majority of the stock thereof. In the case of a partnership, transfer of a majority of the partnership interest. In the case of a trust, change of the trustee, or majority of trustees. A transfer of ownership shall also be deemed to have occurred where foreclosure proceedings have been instituted by a mortgagee in possession. Transfer of Ownership also means any change in the ownership interest or structure of the licensee or the licensee's organization or parent organization(s) that the Commissioner determines to effect a change in control of the operation of the facility.
