Common use of Fit and qualified Clause in Contracts

Fit and qualified. In making its determination of the appli- cant’s fitness, the department shall review the information con- tained in the application and shall review any other documents that appear to be relevant in making that determination, including survey and complaint investigation findings for each health care provider with which the applicant is affiliated or was affiliated during the past 5 years. The department shall consider at least the following: 1. Any adverse action against the applicant by the licensing agency of this state or any other state relating to the applicant’s operation of a hospice, home health agency, residential care facil- ity or health care facility. In this subdivision, “adverse action” means an action initiated by a state licensing agency which resulted in the denial, suspension or revocation of the license of a hospice, home health agency, residential care facility or health care facility operated by the applicant; 2. Any adverse action against the applicant based upon non- compliance with federal statutes or regulations in the applicant’s operation of a hospice, home health agency, residential care facil- ity or health care facility in this state or any other state. In this sub- division, “adverse action” means an action by a state or federal agency which resulted in civil money penalties, termination of a provider agreement, suspension of payments or the appointment of temporary management of a hospice, home health agency, resi- dential care facility or health care facility operated by the appli- cant; 3. The frequency of noncompliance with state licensure and federal certification laws in the applicant’s operation of a hospice, home health agency, residential care facility or health care facility in this state or any other state; 4. Any denial, suspension, enjoining or revocation of a license that the applicant had as a health care provider as defined in s. 146.81 (1), Stats., or any conviction of the applicant for pro- viding health care without a license; 5. Any conviction of the applicant for a crime involving neglect or abuse of patients, or involving assaultive behavior, wanton disregard for the health or safety of others or any act of elder abuse under s. 46.90, Stats.; 6. Any conviction of the applicant for a crime related to deliv- ery of health care services or items; 7. Any conviction of the applicant for a crime involving con- trolled substances under ch. 961, Stats.; 8. Any knowing or intentional failure or refusal by the appli- cant to disclose required ownership information; and 9. Any prior financial failure of the applicant that resulted in bankruptcy or in the closing of a hospice, home health agency or an inpatient health care facility or the relocation of its patients.