Transfer of Ownership and Change in Location

(A) A licensed clinic must notify the Department in writing of any proposed change in name or location of a facility at least 30 days prior to the change. A license shall not be transferred from one person or entity to another or from one location to another. (B) The proposed licensee shall submit a Notice of Intent form to acquire a clinic to the Department at least 30 calendar days in advance of any transfer of ownership. (C) Any person applying for a license as a result of any transfer of ownership shall file an application for licensure within two business days of the transfer. If the Notice of Intent form was not timely filed, at the discretion of the Commissioner, an application received as a result of a transfer of ownership will not be considered as filed for 30 calendar days, or such longer period as the Commissioner shall designate in order to conduct a suitability review, after such application is received. (D) An application filed as a result of a transfer of ownership, if timely filed, shall have the effect of a license for a period of three months from the date of filing or until such time as the Department takes action on the application. If not timely filed, such an application shall not have such effect. (E) Any notice of hearing, order or decision the Department or the Commissioner issues for a clinic prior to a transfer of ownership shall be effective against the former owner prior to such transfer and, where appropriate, the new owner, following such transfer, unless said notice, order or decision is modified or dismissed by the Department or by the Commissioner. (F) A transfer of ownership shall not be recognized and the new owner shall not be considered suitable for licensure when the transfer is proposed or made to circumvent the effect and purposes of 105 CMR 140.000. The Department shall consider the following factors in determining whether a transfer has been proposed or made to circumvent 105 CMR 140.000: (1) the transferor’s record of compliance with Department licensure laws and 105 CMR 140.000; (2) the transferor’s current licensure status; (3) the transferor’s familial, business and/or financial relation to the transferee; (4) the terms of the transfer; and (5) the consequences of the transfer. (G) To transfer ownership, an ambulatory surgery center must comply with any additional procedures set forth in 105 CMR 100.000 Determination of Need.