Section 153.012 - Suitability and Responsibility of Applicant or Licensee(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.Amended by Mass Register Issue 1303, eff. 1/1/2016.Amended by Mass Register Issue 1372, eff. 8/24/2018.Amended by Mass Register Issue 1479, eff. 9/30/2022.