Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 170.000 - Emergency Medical Services System › Section 170.220 - Finding of Responsibility and Suitability for Service Licensure

Current through Register 1525, July 5, 2024
(A) Upon receipt and review of a complete
			 application or reapplication for ambulance or EFR service licensure, the
			 Department shall make a finding concerning the responsibility and suitability
			 of each applicant. Findings may be based upon information concerning persons
			 with a significant financial or management interest in the service. Factors
			 that have significant bearing in determining the responsibility and suitability
			 of an applicant include, but are not limited to, the following:
(1) The applicant's history of prior
			 compliance with
			 105 CMR
			 170.000,
			 105 CMR
			 171.000:
Massachusetts First Responder
			 Training
; applicable administrative requirements issued by the
			 Department pursuant to
			 105 CMR
			 170.000 and M.G.L. c. 111C;
(2) The familiarity and experience of the
			 applicant in operating ambulance services, other emergency medical services or
			 first response services including compliance history in other states in which
			 the applicant has operated a licensed ambulance service;
(3) The applicant's ability to provide and
			 sustain on an ongoing basis, sufficient quality and quantity of ambulance or
			 EMS first response service in a service zone or portion thereof, in accordance
			 with a service zone plan, or, prior to the existence of an approved service
			 zone plan, in a geographic area;
(4) Any willful or deliberate failure to
			 provide ambulance or EMS first response service to a person for reasons of
			 race, color, religion, sex, sexual orientation, age, national origin, ancestry
			 or disability;
(5) Any willful or
			 deliberate failure to provide ambulance or EMS first response service to any
			 patient experiencing an emergency;
(6) The ability and willingness to take
			 corrective action when notified by the Department of violations of
			 105 CMR
			 170.000 or
			 105 CMR
			 171.000:
Massachusetts First Responder
			 Training;
(7) The ability
			 of service administrators to operate the service in a manner sufficient to
			 satisfy the requirements of
			 105 CMR
			 170.000 or
			 105 CMR
			 171.000:
Massachusetts First Responder
			 Training
and administrative requirements of the Department issued
			 thereunder;
(8) Whether the
			 applicant has a past history of patient abuse, mistreatment, or
			 neglect;
(9) Whether the financial
			 resources of the applicant are deemed adequate to provide ambulance or EMS
			 first response service sufficient to meet the requirements of
			 105 CMR
			 170.000 and the applicable service zone plan, as
			 demonstrated by a current budget or a current annual financial
			 statement;
(10) Whether the
			 applicant has any of the following:
(a)
			 Conviction of Medicare or Medicaid fraud.
(b) Conviction of a crime relating to the
			 operation of the service.
(c)
			 Conviction of drug-related offense, rape, assault or other violent crimes
			 against a person.
(d) Has been the
			 subject of an order or judgment granting damages or equitable relief in an
			 action brought by the Attorney General concerning the operation of the
			 applicant's ambulance service, other emergency medical services or first
			 response services.
(11)
			 The adequacy of the service's legal capacity to operate, as demonstrated by
			 such documents as articles of incorporation and corporate bylaws;
(12) Any attempt to impede the work of a duly
			 authorized representative of the Department or the lawful enforcement of any
			 provisions of M.G.L. c. 111C or
			 105 CMR
			 170.000; and (13) Any attempt to obtain a license or
			 certificate of inspection by fraud, misrepresentation, or the submission of
			 false information.