10.07.14.08

.08 Changes in a Program that Affect the Operating License.

A. Increase in Capacity or Name Change.

(1) During the license period, a licensee may not increase capacity, change its name, or change the name under which the program is doing business, without the Department's approval. When there is a change of program ownership or a change of location, the licensee shall submit a new application and written request for a new license and an application fee, as established in Regulation .07A(3) of this chapter to the Department.

(2) Sale, Transfer, or Lease of a Facility.

(a) If a sale, transfer, or lease of a facility causes a change in the person or persons who control or operate the assisted living program, the assisted living program shall be considered a new program and the licensee shall apply for a new license and conform to all regulations applicable at the time of transfer of operations.

(b) The transfer of any stock which results in a change of the person or persons who control the program or the transfer of any stock in excess of 25 percent of the outstanding stock, constitutes a sale.

(c) For the purposes of Life Safety Code enforcement the program is considered an existing facility if it has been in continuous use as an assisted living program.

(3) The Department shall issue a new license on approval of:

(a) A change in licensure capacity;

(b) A change in the name of the licensee;

(c) A change in the name under which the program is doing business; or

(d) A change in the level of care provided.

(4) The licensee shall return its original license to the Department by certified mail.

B. Voluntary Closure or Change of Assisted Living Program Ownership or Location.

(1) A licensee shall notify the Department in writing at least 45 days in advance of any intention to:

(a) Voluntarily close;

(b) Change ownership;

(c) Change location; or

(d) Sell its assisted living program.

(2) The licensee shall include the following information in the notice to the Department:

(a) The method for informing residents and resident representatives of its intent to close, change ownership, change location, or sell its assisted living program; and

(b) The actions the licensee will take to assist residents in securing comparable housing and assistance, if necessary.

(3) A licensee shall notify residents and resident representatives of any proposed changes set forth in §B(1) of this regulation, in writing, at least 45 days before the effective date of the proposed change.

(4) Whenever ownership of an assisted living program is transferred from the person or organization named on the license to another person or organization, the future owner shall apply for a new license. The future owner shall file an application for a license at least 45 days before the final transfer.

(5) The Department shall issue a new license to a new owner if the new owner meets the requirements for licensure under this chapter. The current licensee shall return its license to the Department by certified mail.

(6) A licensee named in the original license shall remain responsible for the operation of the assisted living program until a new license is issued to the new owner and the current licensee shall remain responsible for correction of all outstanding deficiencies or impending sanctions until a new license is issued to the new owner.

(7) If a licensee intends to relocate its program, the licensee shall apply for a new license in time to assure continuity of services to the residents. The Secretary shall issue a new license for the new location if the program meets the requirements for licensure under this chapter. The licensee shall return its original license to the Department by certified mail.

(8) In addition to the notice to the Department required by §B of this regulation, after a program closes, the licensee shall:

(a) Notify the Department of the date of closure and the place of relocation of each resident; and

(b) Return all licenses, past and present, to the Department by certified mail.

C. Changes to Licensure Information.

(1) A licensee shall immediately notify the Department of any change in the information the licensee had submitted with the most recent application.

(2) A licensee shall forward to the Department a copy of any report or citation of a violation of any applicable building codes, sanitary codes, fire safety codes, or other regulations affecting the health, safety, or welfare of residents within 7 days of receipt of the report or citation.

D. License—Sale, Assignment, or Other Transfer.

(1) A license is valid only in the name of the licensee to whom it is issued, and is not subject to sale, assignment, or other transfer.

(2) A license is valid only for the premises for which it was originally issued.