Section 164.509 - Evaluation of Application and Suitability of Applicant or Licensed or Approved Provider(A) The Department shall evaluate the suitability of the applicant or Licensed or Approved Provider including, but not limited to, the following factors. A negative determination with respect to any one of the factors constitutes an adequate ground for deeming an applicant or Licensed or Approved Provider unsuitable to establish or maintain a substance use disorder treatment program and upon which the Department may deny an initial or renewal application for a License or Approval. (1) Past performance as a provider of substance use disorder treatment services, based upon documentation of applicant's or Licensed or Approved Provider's: (a) history of compliance with applicable provision of 105 CMR 164.100 through 164.500;(b) history of providing substance use disorder treatment services or other health care services, including provision of services in other states;(c) ability to provide substance use disorder treatment services;(d) history of response to correction orders issued under 105 CMR 164.516;(e) history of failure to provide services to any individual when licensed or approved to provide such services; and(f) history of patient or resident abuse, mistreatment or neglect in any licensed health care program or facility.(2) Except for facilities accepting civil commitments pursuant to M.G.L. c. 123, § 35, whether the applicant is able to provide services to residents of the Commonwealth with public health insurance on a nondiscriminatory basis and able to report the facility's payer mix to the Department on a quarterly basis.(3) Except for facilities accepting civil commitments pursuant to M.G.L. c. 123, § 35, whether the applicant can demonstrate need for the services in accordance with 105 CMR 164.511(A).(4) Such other information as the Department may require.(B) The application shall also include an attestation from the applicant confirming that any substance use disorder treatment program subject to licensure or approval under 105 CMR 164.000 operated by said applicant will: (1) Provide services on a nondiscriminatory basis to residents of the Commonwealth with public health insurance and report the substance use disorder treatment program's payer mix to the Department in a format prescribed by the Department on a quarterly basis, as required by M.G.L. c. 111E, § 7. 105 CMR 164.509 shall not apply to facilities accepting civil commitments pursuant to M.G.L. c. 123, § 35;(2) Provide medications for treatment of addiction, including all FDA-approved medications for addiction treatment, directly or through a QSOA;(3) Provide overdose prevention education as part of evidence-based practices; and(4) Provide data and other information as requested by the Department pursuant to 105 CMR 164.522.Adopted by Mass Register Issue 1482, eff. 11/11/2022.