Evidence of Responsibility and Suitability

(A) In determining whether an applicant is responsible and suitable to be granted a hospice 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 or services operation. Assessment of this factor shall include the ability and willingness of the applicant 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 141.000 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 hospice administrator, officers and directors as evidenced by criminal proceedings against those individuals that resulted in convictions, or guilty pleas, or pleas of nolo contendere, or admission of sufficient facts; and (4) the proposed licensee's history of statutory and regulatory compliance for health care facilities in other jurisdictions, including proceedings in which the applicant was involved which proposed or led to a limitation upon or a suspension, revocation, or refusal to grant or renew a health care facility license or service's license or certification for Medicaid or Medicare to the proposed licensee. (B) The Commissioner will consider the evidence produced and make licensure recom- mendations accordingly.