Evidence of Responsibility and Suitability

(A) In determining whether an applicant for a license for an acute-care hospital is responsible and suitable to be granted a hospital license, the Department shall consider all relevant information including, but not limited to, the following: (1) The applicant’s history in providing acute care, including in states other than Massachusetts, if any, measured by compliance with the applicable statutes and regulations governing the operation of hospitals in such states. Assessment of this factor shall include the ability and willingness of the applicant to take corrective action when notified by the Department of regulatory violations and anyproceedings in which the applicant was involved that proposed or led to a limitation upon or a suspension, revocation, or refusal to grant or renew a health care facility license or certification for Medicaid or Medicare to the applicant; (2) The applicant’s financial capacity to provide acute care in compliance with state law and 105 CMR 130.000 as evidenced by sufficiency of present resources and assessment of past history, including financial involvement with health care facilities that have filed petitions for bankruptcy; (3) The history of criminal conduct of the applicant, and of the chief executive officer and chief financial officer of the applicant, as evidenced by criminal proceedings against those individuals or against health care facilities in which those individuals either owned shares of stock or served as corporate officers, and which resulted in convictions, or guilty pleas, or pleas of nolo contendere, or admissions of sufficient facts; (4) The participation of persons residing in the hospital's primary service area in oversight of the resulting hospital if the applicant is a non-profit entity; and (5) Whether the transaction will create a significant effect on the availability or accessibility of health care services to the communities served by the hospital. (B) In determining whether an applicant for a license for hospital that does not provide acute care is responsible and suitable to be granted a hospital license, the Department shall consider all relevant information including, but not limited to, the following: (1) The applicant’s history of prior compliance with Massachusetts state laws and regulations governing health facility operation. Assessment of this factor shall include the ability and willingness of the applicant to take corrective action when notified by the Department of regulatory violations; (2) The applicant’s financial capacity to provide hospital care in compliance with state law and 105 CMR 130.000 as evidenced by sufficiency of present resources and assessment of past history, including financial involvement with health care facilities that have filed petitions for bankruptcy; (3) The history of criminal conduct of the applicant, and of the chief executive officer and chief financial officer of the applicant, as evidenced by criminal proceedings against those individuals or against health care facilities in which those individuals either owned shares of stock or served as corporate officers, and which resulted in convictions, or guilty pleas, or pleas of nolo contendere, or admissions of sufficient facts; and (4) The applicant’s history of statutory and regulatory compliance for health care facilities in other jurisdictions, including proceedings in which the applicant was involved that proposed or led to a limitation upon or a suspension, revocation, or refusal to grant or renew a health care facility license or certification for Medicaid or Medicare to the applicant.