Evidence of Responsibility and Suitability

(A) In determining whether an applicant is responsible and suitable to be granted a clinic license, the Department shall consider all relevant information including, but not limited to, the following: (1) the proposed licensee’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 proposed licensee to take corrective action when notified by the Department of any regulatory violations; (2) the proposed licensee’s financial capacity to provide services in compliance with state law and 105 CMR 140.000 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 proposed licensee and clinic administrator, officers and directors as evidenced by criminal proceedings against those individuals resulting in convictions, or guilty pleas, or pleas of nolo contendere, or admission of sufficient facts; and (4) the proposed licensee’s history of suspension, revocation, or refusal to grant or renew a health care facility license in other jurisdictions, or suspension, revocation or refusal of certification for Medicaid or Medicare to the proposed licensee. (B) The Commissioner will consider the evidence produced and make licensure recommendations accordingly.