Mass. Gen. Laws ch. 111, sec. 72E — MA Code / Part I / Title XVI / Chapter 111 / Section 72E
Inspection of long-term care facilities; notice of violations; plan of correction; penalties; enforcement
Status: in_force

Section 72E. (a) The department shall, after every inspection by its agent pursuant to section 72, provide the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations found during said inspection. With respect to the date by which the licensee shall remedy or correct each violation, the department in such notice shall specify a reasonable time, not more than 60 days after receipt, by which time the licensee shall remedy or correct each violation cited or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice, in writing, to the licensee. (b) Failure to remedy or correct a cited violation by the correct by date shall be cause to pursue or impose the remedies or sanctions available to the department pursuant to this chapter, unless the licensee demonstrates to the satisfaction of the department or a court, where applicable, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the correct by date. An aggrieved licensee may pursue the remedies available to it pursuant to chapter 30A. (c) If the department determines the licensee failed to maintain substantial or sustained compliance with applicable state and federal laws, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee's own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such temporary manager shall be subject to the department's approval; provided, that such approval shall not be unreasonably withheld. Any such engagement of a temporary manager shall be for a period of not less than 3 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of said agreement shall be provided by the licensee to the department promptly after execution. Any payment terms included in the agreement shall be confidential and exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 and chapter 66. (d) Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction pursuant to this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.

Section 72E. (a) The department shall, after every inspection by its agent pursuant to section 72, provide the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations found during said inspection. With respect to the date by which the licensee shall remedy or correct each violation, the department in such notice shall specify a reasonable time, not more than 60 days after receipt, by which time the licensee shall remedy or correct each violation cited or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice, in writing, to the licensee.

(b) Failure to remedy or correct a cited violation by the correct by date shall be cause to pursue or impose the remedies or sanctions available to the department pursuant to this chapter, unless the licensee demonstrates to the satisfaction of the department or a court, where applicable, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the correct by date. An aggrieved licensee may pursue the remedies available to it pursuant to chapter 30A.

(c) If the department determines the licensee failed to maintain substantial or sustained compliance with applicable state and federal laws, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee's own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such temporary manager shall be subject to the department's approval; provided, that such approval shall not be unreasonably withheld. Any such engagement of a temporary manager shall be for a period of not less than 3 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of said agreement shall be provided by the licensee to the department promptly after execution. Any payment terms included in the agreement shall be confidential and exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 and chapter 66.

(d) Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction pursuant to this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.