105 CMR, § 153.010

Current through Register 1531, September 27, 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.