Transfer of Ownership

(A) The proposed licensee shall submit a Notice of Intent to acquire a hospice program to the Department at least 30 calendar days in advance of any transfer of ownership. The Department shall notify each applicant in writing of the date on which the form is deemed complete. Within 30 days of such date, the Department shall complete its suitability review for licensure. With the consent of the applicant, the Department may extend the 30-day suitability determination period for a maximum of 30 days. In the event that the Department fails to notify the applicant in writing of its decision regarding suitability within the prescribed time period, the applicant shall be deemed responsible and suitable. (B) Any notice of hearing, order or decision which the Department or the Commissioner issues for a hospice program 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. (C) 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 purpose of 105 CMR 141.000. The Department shall consider the following factors in determining whether a transfer has been proposed or made to circumvent 105 CMR 141.000: (1) The transferor's record of compliance with Department licensure laws and regulations; (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; (5) The consequences of the transfer.