Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.022 - Transfer of Ownership

Current through Register 1525, July 5, 2024
(A) At least 90
			 calendar days in advance of a proposed transfer of ownership, any applicant who
			 intends to acquire a long-term care facility shall submit a Notice of Intent
			 form to the Department. The Department shall notify each applicant in writing
			 of the date on which the form is deemed complete. Within 90 days of such date,
			 the Department shall complete its suitability review for licensure. With the
			 consent of the applicant, the Department may extend the 90-day suitability
			 determination period for a maximum of 30 days. In the event that the Department
			 fails to notify the applicant in writing of its decision regarding suitability
			 within the prescribed time period, the applicant shall be deemed responsible
			 and suitable.
(B)
Opportunity for Public Input
. All applicants must meet
			 the following requirements:
(1)
Public Notice
. Within seven days of submitting the
			 Notice of Intent form to the Department, the applicant shall also publish
			 notice in the daily newspaper(s) within the city or town of, or nearest to, the
			 location of the facility and prominently display this notice on the website for
			 the long-term care facility being acquired, if available. This public notice
			 shall accurately describe the proposed acquisition and meet the following
			 requirements:
(a) The notice must contain the
			 name and address of the health care facility being acquired; name and address
			 of the seller; name and address of the buyer; potential changes, if any, in the
			 services of the health care facility; and the potential changes, if any, in the
			 bed capacity of the facility. In addition, the written notice must contain the
			 following statements: "A public hearing may be requested upon petition by any
			 group of ten adults. Such petition shall include the name, address and
			 signature of each adult and designate one member as the representative of the
			 group. Written comments concerning the applicant's ability to provide quality
			 long-term care services and petitions for a public hearing may be addressed to
			 the offices of the Department of Public Health, Division of Health Care
			 Facility Licensure and Certification." Such notice shall state that a request
			 for hearing may be made for a period of 14 days following publication in the
			 newspaper. The notice shall include both physical and electronic mail addresses
			 provided by the Department for the submission of comments.
(b) If the notice as published does not
			 contain all of the information listed in
			 105 CMR
			 153.022(B)(1)(a), the
			 Department may require republication of the notice within a reasonable period
			 of time.
(c) The newspaper notice
			 shall appear in the Legal Notice section; and shall be captioned as
			 appropriate, such as "Public Announcement Concerning (name of health care
			 facility)." An identical notice shall also be published at least once in some
			 other section of the same newspaper.
(d) No final determination of suitability
			 shall be made unless the applicant has submitted a true copy of such
			 notice.