Evaluation of Application

(A) The Department shall not approve an application for an original or renewal license unless: (1) The Commissioner has conducted an inspection or other investigation of the facility and has determined that the applicant complies with 105 CMR 150.000: Standards for Long-term Care Facilities; and (2) The Commissioner has conducted an investigation of the applicant and determined that the applicant is suitable and responsible to establish or maintain a long-term care facility. (B) The Department may issue a provisional or probationary license for a period not to exceed one year when public necessity and convenience require, or to prevent undue hardship, to an applicant or facility which has been the subject of a proceeding for license revocation or termination of Medicare or Medicaid certification that was resolved by reconsideration or a settlement agreement, if the Commissioner has determined, based upon inspection or investigation: (1) the applicant or facility is currently in substantial compliance; and the applicant or facility has demonstrated the potential for maintaining substantial compliance throughout the period of the provisional or probationary license.