105 Mass. Reg. 153.010

Current through Register 1527, August 2, 2024
Section 153.010 - Evaluation of Application
(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.

105 CMR 153.010

Amended by Mass Register Issue 1303, eff. 1/1/2016.
Amended by Mass Register Issue 1372, eff. 8/24/2018.