Guam § 7105 - Application for the Issuance of License to Operate Nursing

§ 7105. Application for the Issuance of License to Operate Nursing

Home.

(a) Any person proposing to operate a nursing home shall, prior to the

commencement of such operation, make application to the Department of

Public Health and Social Services for a license by the Department of Public

Health and Social Services, which shall contain the following information:

(1) The name and address of the person making application;

(2) The name and address of the individual designated by the

applicant as the administrator of the nursing home, and such additional

information concerning such individual as the Department of Public

Health and Social Services, may require;

(3) The address of the premises which are to constitute the

nursing home, together with a description of all structures and facilities

forming a part thereof, in such detail as the Department of Public

Health and Social Services may require;

(4) The name by which the nursing home is to be known;

(5) The identity of the owner or owners of the nursing home and,

if the owner is a corporation, the names of the officers and principal

stockholders thereof;

(6) The bed capacity of the nursing home;

(7) A description of the programs and services to be furnished and

of the means available to the applicant for providing the same, and for

meeting requirements for staffing, equipping and operating the nursing

home, with particular reference to the professional requirements of §

7110 of this Chapter;

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(8) Proof that the premises are in conformity with all applicable

state and local health, safety, zoning and subdivision laws or ordi-

nances, and building codes, and that any necessary permits for

occupancy have been issued by the appropriate territorial authorities

and are in full force; and

(9) Such other information as the Department of Public Health

and Social Services may require in order to permit the Department of

Public Health and Social Services to ascertain whether the applicant is

in a position to operate a nursing home in conformity with the

provisions of this Chapter.

(b) Within sixty (60) days of receipt of a completed application, the

Department of Public Health and Social Services shall issue a nursing home

license to the applicant, valid for one (1) year from the date of issue and

covering the premises identified in the application, unless it finds the

representation made in the application to be materially incorrect or

insufficient, or unless it finds that the applicant, the premises and the

designated administrator of the nursing home do not meet all requirements

of law for entitlement thereto.

(c) The name of the administrator of the nursing home shall appear on

the nursing home license. Any change of such administrator shall require

the surrender and cancellation of the nursing home license and the issuance

of a new license bearing the name of the new administrator. Unless a change

of administrators occurs at the time of renewal of a nursing home license,

such change shall not of itself require the Department of Public Health and

Social Services to pass upon any matter other than whether the newly-

designated administrator meets applicable requirements of law. Any license

issued solely by reason of a change in the designated administrator shall

bear the same expiration date as the license which it replaces. If the holder

of a nursing home license is required to secure a new administrator on

inadequate notice or under emergency conditions, he may, upon prompt

notice to the Department of Public Health and Social Services and in

accordance with rules and regulations thereof place the nursing home in

charge of an acting administrator for such limited time as may be necessary

to permit the securing of a proper administrator but in no case shall such

time be in excess of one hundred twenty (120) days.

(d) No change in a nursing home, its operation, program or services of

a degree or character affecting continuing licensability shall be made prior

to approval thereof by the Department of Public Health and Social Services.

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The Department of Public Health and Social Services by rule or regulation

may determine the types of changes which may not be made without its

prior approval.