105 CMR 153.014 - Grounds for Denial or Revocation of or Refusal to Renew a License to Operate a Long-term Care Facility
Each 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.
Notes
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