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 153.004 - Definitions

Current through Register 1525, July 5, 2024
Applicant
. Any person who applies to
				the Department for a license to operate a long-term care facility. In the case
				of an applicant which is not a natural person,
Applicant
shall also mean any shareholder owning 5% or
				more; any officer and any director of any corporate applicant; any limited
				partner owning 5% or more and any general partner of any partnership applicant;
				any trustees or any trust applicant; any sole proprietor of any applicant which
				is a sole proprietorship; any mortgagee in possession; and any executor or
				administrator of any applicant which is an estate.
Applicant
also means a person filing a Notice of
				Intent form.
Commissioner
. The Commissioner of
				Public Health or his or her designee.
Department
. The Massachusetts
				Department of Public Health.
Facility
. A long-term care facility or
				unit thereof and units within acute hospitals converted under provisions of St.
				1988 c. 23, § 32.
Jeopardy
. A situation or condition
				that the Commissioner has determined presents an imminent threat to the health
				or safety of residents.
Level I, II, III, and IV Facilities
.
				Have the meaning of Levels of Long-term Care Facilities or Units as defined in
				105 CMR 150.001:
Definitions
.
License
. Any license issued by the
				Department, including a renewal or a provisional license, or subsequent to a
				transfer of ownership and a determination by the Department that the
				prospective licensee is responsible and suitable for licensure, or, upon the
				failure of the Department to notify said prospective licensee in writing of its
				decision within 90 days or one additional period to be agreed upon by the
				parties not to exceed 30 days, the filing of an application for a license. This
				application shall have the effect of a license until the Department takes final
				action on the application pursuant to M.G.L. c. 111, § 71 and
				105 CMR
				153.000.
Licensee
. Any person holding a license
				to operate a long-term care facility. In the case of a licensee which is not a
				natural person,
Licensee
shall also mean any
				shareholder owning 5% or more, any officer and any director of any corporate
				licensee; any limited partner owning 5% or more and any general partner of a
				partnership licensee; any trustee of any trust licensee; any sole proprietor of
				any licensee which is a sole proprietorship; any mortgagee in possession and
				any executor or administrator of any licensee that is an estate.
Long-term Care Facility
. Any
				institution, whether conducted for charity or profit, that is advertised,
				announced or maintained for the express or implied purpose of providing four or
				more individuals admitted thereto with long-term resident, nursing,
				convalescent or rehabilitative care; supervision and care incident to old age
				for ambulatory persons; or retirement home care for elderly persons. Long-term
				care facility shall include convalescent or nursing homes, rest homes,
				infirmaries maintained in towns and charitable homes for the aged.
Long-term Care Ombudsman
. The program
				established pursuant to M.G.L. c. 19A, § 28.
Notice of Intent Form
. A form
				prescribed by the Department through which an applicant notifies the Department
				of its intent to acquire a long-term care facility and/or to apply for a
				license to operate a long-term care facility.
Person
. Any natural person,
				corporation, society, association, partnership or other entity.
Provisional or Probationary License
. A
				license issued for not more than one year to an applicant or facility when
				public necessity and convenience require, or to prevent undue hardship.
Resident
. Any individual receiving
				care in a facility or the resident's health care agent, if the resident has an
				activated health care proxy.
Transfer of Ownership
. A transfer of a
				majority interest in the ownership of a long-term care facility. In the case of
				a corporation, transfer of a majority of the stock thereof. In the case of a
				partnership, transfer of a majority of the partnership interest. In the case of
				a trust, change of the trustee, or majority of trustees. A transfer of
				ownership shall also be deemed to have occurred where foreclosure proceedings
				have been instituted by a mortgagee in possession.
Transfer of
				Ownership
also means any change in the ownership interest or
				structure of the licensee or the licensee's organization or parent
				organization(s) that the Commissioner determines to effect a change in control
				of the operation of the facility.