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 153.010 - Evaluation of Application
Universal Citation: 105 MA Code of Regs 105.153
Current through Register 1531, September 27, 2024
(A) The Department shall not approve an application for an original or renewal license unless:
(1) The Commissioner has conducted an
inspection or other investigation of the facility and has determined that the
applicant complies with 105 CMR 150.000: Standards for Long-term Care
Facilities; and
(2) The
Commissioner has conducted an investigation of the applicant and determined
that the applicant is suitable and responsible to establish or maintain a
long-term care facility.
(B) The Department may issue a provisional or probationary license for a period not to exceed one year when public necessity and convenience require, or to prevent undue hardship, to an applicant or facility which has been the subject of a proceeding for license revocation or termination of Medicare or Medicaid certification that was resolved by reconsideration or a settlement agreement, if the Commissioner has determined, based upon inspection or investigation:
(1)
the applicant or facility is currently in substantial compliance; and
(2) the applicant or facility has
demonstrated the potential for maintaining substantial compliance throughout
the period of the provisional or probationary license.
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