1. (a)

   1. (1) Subject to the requirements below, a provisional license shall be issued to the applicant and new operator of the long-term care facility when the Department of Human Services has received the Application for Licensure to Conduct a Long-Term Care Facility.
   2. (2) A provisional license shall remain in effect unless the provisional license is revoked, suspended, or terminated by the department.
   3. (3) With the exception of Medicaid or Medicare provider status, a provisional license confers upon the holder all the rights and duties of licensure.

2. (b) Prior to the issuance of a provisional license:

   1. (1) The purchaser and the seller of the long-term care facility shall provide the department with written notice of the change of ownership at least thirty (30) days prior to the effective date of the sale;
   2. (2) The applicant and new operator of the long-term care facility shall provide the department with the application for licensure, including all applicable fees; and
   3. (3) The applicant and new operator of the long-term care facility shall provide the department with evidence of transfer of operational control signed by all applicable parties.

3. (c)

   1. (1) A provisional license holder may operate the facility under a new name, whether fictitious or otherwise.

   2. (2) For purposes of this section:

      1. (A) “New name” means a name that is different than the name under which the facility was operated by the prior owner; and
      2. (B) “Operate” means that the provisional license holder may hold the facility out to the public using the new name.
   3. (3) Examples include, but are not limited to, signage, letterhead, brochures, or advertising (regardless of media) that bears the new name.

4. (d)

   1. (1)

      1. (A) In the event that the provisional license holder operates the facility under a new name, the facility shall utilize the prior name in all communications with the Office of Long-Term Care until such time as the license is issued.
      2. (B) Such communications include, but are not limited to:

5. (i) Incident reports;

   1. (ii) Notices;

      1. (iii) Plans of correction; and

         1. (iv) MDS submissions.
   2. (2) Upon the issuance of the license, the facility shall utilize the new name in all communications with the Office of Long-Term Care.

Codification Notes: “MDS” means minimum data set.