(3) the history of the applicant or potential transferee, including its respective owners and management companies, and if applicable, the involvement of private equity firms, in providing quality long-term care in the commonwealth as measured by compliance with applicable quality measures, statutes and regulations governing the operation of long-term care facilities; provided, however, that applicable quality measures may include the Centers for Medicare and Medicaid Services Quality Rating System; and
(4) the history of the applicant or potential transferee, including its respective owners and management companies, and if applicable, the involvement of private equity firms, in providing quality long-term care in states other than the commonwealth, if any, as measured by compliance with the applicable quality measures, statutes and regulations governing the operation of long-term care facilities in said states; provided, however, that applicable quality measures may include the Centers for Medicare and Medicaid Services Quality Rating System.
(h)(1) If the department determines that an applicant or potential transferee is not responsible and suitable, the department's determination shall take effect on the date of the department's notice to the applicant or potential transferee. In such cases and upon the filing of a written request, the department shall afford the applicant or potential transferee an adjudicatory hearing pursuant to chapter 30A.
(2) During the pendency of an adjudicatory hearing, the applicant or potential transferee shall not operate the facility as a licensee, nor, without prior approval of the department, manage such facility.