Finding of Responsibility and Suitability for Service Licensure

(A) Upon receipt and review of a complete application or reapplication for ambulance or EFR service licensure, the Department shall make a finding concerning the responsibility and suitability of each applicant. Findings may be based upon information concerning persons with a significant financial or management interest in the service. Factors that have significant bearing in determining the responsibility and suitability of an applicant include, but are not limited to, the following: (1) The applicant’s history of prior compliance with 105 CMR 170.000, 105 CMR 171.000: Massachusetts First Responder Training; applicable administrative requirements issued by the Department pursuant to 105 CMR 170.000 and M.G.L. c. 111C; (2) The familiarity and experience of the applicant in operating ambulance services, other emergency medical services or first response services including compliance history in other states in which the applicant has operated a licensed ambulance service; (3) The applicant's ability to provide and sustain on an ongoing basis, sufficient quality and quantity of ambulance or EMS first response service in a service zone or portion thereof, in accordance with a service zone plan, or, prior to the existence of an approved service zone plan, in a geographic area; (4) Any willful or deliberate failure to provide ambulance or EMS first response service to a person for reasons of race, color, religion, sex, sexual orientation, age, national origin, ancestry or disability; (5) Any willful or deliberate failure to provide ambulance or EMS first response service to any patient experiencing an emergency; (6) The ability and willingness to take corrective action when notified by the Department of violations of 105 CMR 170.000 or 105 CMR 171.000: Massachusetts First Responder Training; (7) The ability of service administrators to operate the service in a manner sufficient to satisfy the requirements of 105 CMR 170.000 or 105 CMR 171.000: Massachusetts First Responder Training and administrative requirements of the Department issued thereunder; (8) Whether the applicant has a past history of patient abuse, mistreatment, or neglect; (9) Whether the financial resources of the applicant are deemed adequate to provide ambulance or EMS first response service sufficient to meet the requirements of 105 CMR 170.000 and the applicable service zone plan, as demonstrated by a current budget or a current annual financial statement; (10) Whether the applicant has any of the following: (a) Conviction of Medicare or Medicaid fraud. (b) Conviction of a crime relating to the operation of the service. (c) Conviction of drug-related offense, rape, assault or other violent crimes against a person. (d) Has been the subject of an order or judgment granting damages or equitable relief in an action brought by the Attorney General concerning the operation of the applicant’s ambulance service, other emergency medical services or first response services. (11) The adequacy of the service's legal capacity to operate, as demonstrated by such documents as articles of incorporation and corporate bylaws; (12) Any attempt to impede the work of a duly authorized representative of the Department or the lawful enforcement of any provisions of M.G.L. c. 111C or 105 CMR 170.000; and (13) Any attempt to obtain a license or certificate of inspection by fraud, misrepresentation, or the submission of false information. (B) If the Department is unable to make a finding of responsibility and suitability due to the existence of any of the factors listed in 105 CMR 170.220(A)(1) through (13), the applicant will then have the burden of persuasion to prove the applicant's responsibility or suitability.