Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 170.000 - Emergency Medical Services System
Section 170.220 - Finding of Responsibility and Suitability for Service Licensure
Universal Citation: 105 MA Code of Regs 105.170
Current through Register 1518, March 29, 2024
(A) Upon receipt and review of a complete application or reapplication for ambulance or EFR service licensure, the Department shall make a finding concerning the responsibility and suitability of each applicant. Findings may be based upon information concerning persons with a significant financial or management interest in the service. Factors that have significant bearing in determining the responsibility and suitability of an applicant include, but are not limited to, the following:
(1) The applicant's history of prior
compliance with
105 CMR
170.000,
105 CMR
171.000: Massachusetts First Responder
Training; applicable administrative requirements issued by the
Department pursuant to
105 CMR
170.000 and M.G.L. c. 111C;
(2) The familiarity and experience of the
applicant in operating ambulance services, other emergency medical services or
first response services including compliance history in other states in which
the applicant has operated a licensed ambulance service;
(3) The applicant's ability to provide and
sustain on an ongoing basis, sufficient quality and quantity of ambulance or
EMS first response service in a service zone or portion thereof, in accordance
with a service zone plan, or, prior to the existence of an approved service
zone plan, in a geographic area;
(4) Any willful or deliberate failure to
provide ambulance or EMS first response service to a person for reasons of
race, color, religion, sex, sexual orientation, age, national origin, ancestry
or disability;
(5) Any willful or
deliberate failure to provide ambulance or EMS first response service to any
patient experiencing an emergency;
(6) The ability and willingness to take
corrective action when notified by the Department of violations of
105 CMR
170.000 or
105 CMR
171.000: Massachusetts First Responder
Training;
(7) The ability
of service administrators to operate the service in a manner sufficient to
satisfy the requirements of
105 CMR
170.000 or
105 CMR
171.000: Massachusetts First Responder
Training and administrative requirements of the Department issued
thereunder;
(8) Whether the
applicant has a past history of patient abuse, mistreatment, or
neglect;
(9) Whether the financial
resources of the applicant are deemed adequate to provide ambulance or EMS
first response service sufficient to meet the requirements of
105 CMR
170.000 and the applicable service zone plan, as
demonstrated by a current budget or a current annual financial
statement;
(10) Whether the
applicant has any of the following:
(a)
Conviction of Medicare or Medicaid fraud.
(b) Conviction of a crime relating to the
operation of the service.
(c)
Conviction of drug-related offense, rape, assault or other violent crimes
against a person.
(d) Has been the
subject of an order or judgment granting damages or equitable relief in an
action brought by the Attorney General concerning the operation of the
applicant's ambulance service, other emergency medical services or first
response services.
(11)
The adequacy of the service's legal capacity to operate, as demonstrated by
such documents as articles of incorporation and corporate bylaws;
(12) Any attempt to impede the work of a duly
authorized representative of the Department or the lawful enforcement of any
provisions of M.G.L. c. 111C or
105 CMR
170.000; and (13) Any attempt to obtain a license or
certificate of inspection by fraud, misrepresentation, or the submission of
false information.
(B) If the Department is unable to make a finding of responsibility and suitability due to the existence of any of the factors listed in 105 CMR 170.220(A)(1) through (13), the applicant will then have the burden of persuasion to prove the applicant's responsibility or suitability.
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