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;