Regulations proposed by the Massachusetts Department of Public Health (“DPH”) may significantly change the procedure for state approval of nursing home sales and closures. Following public scrutiny around state inspection problems in some nursing facilities purchased by corporate chains, which have been expanding their presence in the Commonwealth, DPH expressed its intent to revise the process for sales and closures of long-term care facilities.
The FY2015 General Appropriations Act called for DPH to amend licensure procedure and suitability requirements in 105 CMR 153.000 by implementing a public hearing process on any application for a license or any notice of intent to transfer ownership or close any skilled nursing facility. The proposed changes include:
Transfer of Ownership
DPH is holding a public hearing on the proposed amendments this Friday, September 4, 2015 at 10:00 AM in the Public Health Council Room. Interested stakeholders may submit electronic testimony and speak at the hearing or may mail submissions to the Office of the General Counsel. Investors, lenders, operators and sellers of nursing facilities are well advised to keep track of these proceedings which will entail possible delays in processing nursing facility change of ownership applications.