(1) the criminal history of the applicant or the potential transferee, including its respective owners and management companies, and, to the extent possible, the civil litigation history of the applicant or potential transferee, including its respective owners and contracted management companies, including litigation related to the operation of a long-term care facility, such as quality of care, safety of residents or staff, employment and labor issues, fraud, unfair or deceptive business practices and landlord-tenant issues; provided, however, that such criminal and civil litigation history may include pending or other court proceedings in the commonwealth and in any other state or federal jurisdiction. Any information obtained by the department pursuant to this section that is related to criminal or civil litigation or otherwise protected from public disclosure by federal or state law shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66;
(2) the financial capacity of the applicant or potential transferee, including its respective owners and management companies, to establish or maintain and operate a long-term care facility; provided, that financial capacity may include, but shall not be limited to, recorded liens or unpaid fees or taxes in the commonwealth or in other states;