Section 153.014 - Grounds for Denial or Revocation of or Refusal to Renew a License to Operate a Long-term Care FacilityEach of the following, in and of itself, shall constitute full and adequate ground on which to deny, revoke, or refuse to renew a license to operate a long-term care facility:
(A) The applicant or licensee is not suitable or responsible to operate a long-term care facility.(B) The licensee has failed to remedy or correct a cited violation by the date specified in a written notice from the Department under M.G.L. c. 111, § 72E, or by the date specified in the plan of correction accepted or modified by the Department, unless the licensee demonstrates to the satisfaction of the Department that such failure was not due to any neglect of duty and occurred despite his or her good faith attempt to make correction by the specified time.(C) There has been a finding of jeopardy in the long-term care facility.(D) There are deficiencies in the long-term care facility that seriously limit the capacity of the facility to provide adequate care.(E) The long-term care facility has been found in violation of the same or a similar regulation twice or more within a 12-month period.(F) The facility has been denied a certificate of inspection by the Department of Public Health, Office of Public Safety and Inspections or the head of the local fire department pursuant to M.G.L. c. 111, § 71.(G) The applicant or licensee has failed to comply with the change of ownership or closure requirements of 105 CMR 153.000.(H) The applicant or licensee has been convicted of, pleaded guilty or nolo contendere to, or has, in a judicial proceeding, admitted facts sufficient to find that he or she is guilty of:(1) abuse, mistreatment or neglect of any resident of a long-term care facility;(2) rape, felonious assault or any other felony against a person; or(3) a felony involving the misuse of funds in connection with the Medicaid or Medicare program or the misuse of resident funds, unless said applicant or licensee has been determined suitable for licensure pursuant to a formal settlement agreement or the application of previous regulatory provisions.Amended by Mass Register Issue 1372, eff. 8/24/2018.Amended by Mass Register Issue 1479, eff. 9/30/2022.