Section 1031.16. Discipline of management companies

(a) The Department may deny, withdraw or condition the approval of an entity to offer management services for one or more of the following reasons:

(1) The entity is not a responsible person.

(2) Persons having a substantial ownership interest in the entity are not responsible persons.

(3) The entity will not be staffed by or conduct its activities through responsible persons.

(4) The entity refuses to provide the Department with records or information reasonably requested by the Department to make a determination regarding paragraphs (1)—(3).

(5) The entity conducts the operation or managerial control of an EMS agency, or conducts the day-to-day operations of the EMS agency, in a manner that subjects the EMS agency to possible disciplinary action under § 1031.10 (relating to discipline of EMS agencies).

(6) The entity violates a requirement of the act or a regulation adopted under the act that is applicable to the entity.

(7) Engaging in fraud or deceit in obtaining or attempting to obtain or maintain Department approval.

(b) For purposes of subsection (a):

(1) A responsible person is a person who has not engaged in an act contrary to justice, honesty or good morals which indicates that the person is likely to betray the public trust in managing the operation of the EMS agency, or is a person who has engaged in this conduct but has been rehabilitated and is not likely to again betray the public trust.

(2) A person has a substantial ownership in the entity if the person has equity in the capital, stock or the profits of the applicant equal to 5% or more of the property or assets of the applicant.

(3) A person staffs an entity that manages an EMS agency if the person manages activity integral to the operation of the EMS agency.

The provisions of this § 1031.16 adopted October 11, 2013, effective April 10, 2014, 43 Pa.B. 6093.

Notation

Cross References

This section cited in 28 Pa. Code § 1027.14 (relating to management companies).