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 153.012 - Suitability and Responsibility of Applicant or Licensee
Universal Citation: 105 MA Code of Regs 105.153
Current through Register 1531, September 27, 2024
(A) Each of the following, in and of itself, constitutes full and adequate ground for deeming an applicant or licensee neither suitable nor responsible to establish or maintain a long-term care facility:
(1) The applicant or licensee has
failed to demonstrate legal capacity, as demonstrated by such documents as
articles of incorporation, to provide the services for which a license is
sought.
(2) The applicant or
licensee has acted in a manner resulting in jeopardy to the health, safety or
welfare of residents of any health institution or facility.
(3) The applicant or licensee has been
convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
facts sufficient for a finding that he or she is guilty of, any
felony.
(4) The Attorney General
has filed an action in any court concerning conditions in any health care
facility for which the applicant or licensee was licensed, if that lawsuit
resulted in an order or judgment against the applicant or licensee granting
damages or any form of equitable relief, including an injunction.
(5) A facility owned or operated by the
applicant or licensee has been the subject of proceedings that were ultimately
resolved by settlement agreement but that were initiated to suspend, deny or
revoke the license or renewal license or to deny, cancel or revoke the Medicaid
certification of the facility.
(6)
The applicant or licensee has obtained or attempted to obtain a license by
fraud or misrepresentation or by submitting false information.
(7) The applicant or licensee has employed in
a management or supervisory position a person whom a hearing officer has
determined, pursuant to
105 CMR
153.018, to be unsuitable or not responsible
to establish or maintain a long-term care facility.
(8) The applicant's or licensee's license or
certificate of registration as a nursing home administrator has been suspended,
revoked or denied.
(9) A facility
owned or operated by the applicant or licensee has been the subject of
proceedings that resulted in the suspension, denial or revocation of the
license or renewal license of the facility or has been the subject of
proceedings that resulted in the denial, cancellation or revocation of the
medicaid certification of the facility.
(B) Factors that have a significant bearing on the suitability and responsibility of an applicant or licensee include, but are not limited to:
(1) The applicant or
licensee has failed to demonstrate competence and experience in operating a
long-term care facility.
(2) The
applicant or licensee has failed to report patient or resident abuse,
mistreatment or neglect to the Department as required under M.G.L. c. 111,
§ 72(G).
(3) The applicant or
licensee has been convicted of, pleaded guilty to, or has, in a judicial
proceeding, admitted facts sufficient for a finding that he or she is guilty
of, any felony.
(4) The Attorney
General has filed an action in any court concerning conditions in any health
care facility for which the applicant or licensee was licensed, if that lawsuit
resulted in an order or judgment against the applicant or licensee granting
damages or any form of equitable relief, including an injunction.
(5) A facility owned or operated by the
applicant or licensee has been the subject of proceedings that were ultimately
resolved by settlement agreement but that were initiated to suspend, deny or
revoke the license or renewal license or to deny, cancel or revoke the Medicaid
certification of the facility.
(6)
The applicant or licensee has obtained or attempted to obtain a license by
fraud or misrepresentation or by submitting false information.
(7) The applicant or licensee has employed in
a management or supervisory position a person whom a hearing officer has
determined, pursuant to
105 CMR
153.018, to be unsuitable or not responsible
to establish or maintain a long-term care facility.
(8) The applicant's or licensee's license or
certificate of registration as a nursing home administrator has been suspended,
revoked or denied.
(9) A facility
owned or operated by the applicant or licensee has been the subject of
proceedings that resulted in the suspension, denial or revocation of the
license or renewal license of the facility or has been the subject of
proceedings that resulted in the denial, cancellation or revocation of the
medicaid certification of the facility.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
