§ 201.12b. Evaluation of application for license of a new facility or change in ownership.
(a) The Department will conduct an evaluation of the application, which will include consideration of the application form and documents submitted under § 201.12 (relating to application for license of a new facility or change in ownership) and comments submitted under § 201.12a(d) (relating to notice and opportunity to comment).
(b) Upon completion of the evaluation conducted under subsection (a), the Department will approve or deny the application and post notice of the approval or denial of the application on the Department’s web site.
(c) The Department will consider the following in determining whether to approve or deny an application:
(1) The prospective licensee’s past performance related to owning or operating a facility in this Commonwealth or other jurisdictions.
(2) The prospective licensee’s demonstrated financial and organizational capacity and capability to successfully perform the requirements of operating a facility based on the information provided under § 201.12.
(3) The prospective licensee’s demonstrated history and experience with regulatory compliance, including evidence of consistent performance in delivering quality care.
(4) Comments submitted under § 201.12a(d).
Authority The provisions of this § 201.12b added under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. § § 448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. § 532(a) and (g)).
Source The provisions of this § 201.12b added December 23, 2022, subsections (a), (d) and (e) are effective July 1, 2023, subsections (b) and (c) are effective October 31, 2023, 52 Pa.B. 8163.
Cross References This section cited in 28 Pa. Code § 201.12b (relating to evaluation of application for license of a new facility or change in ownership).
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