10 Guam Code Ann. § 7105
Terms Used In 10 Guam Code Ann. § 7105
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
(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.
SOURCE: GC § 9955.5.