Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.535 - Required Notifications to the Department

Current through Register 1525, July 5, 2024
(A)
Legal
				Proceedings
. The Licensed or Approved Provider shall report to the
				Department in a manner prescribed by the Department any civil action or
				criminal charge initiated against the Licensed or Approved Provider or any
				person employed or contracted by the Licensed or Approved Provider that relates
				to the delivery of the service or may affect the continued operation of the
				program. The report shall be provided no later than one calendar day after the
				initiation of any legal action.
(B)
Closure
. When a Licensed or Approved Provider plans to
				cease operation said Provider shall notify the Department, patients, and
				residents pursuant to 105 CMR 164.587.
(C)
Interruption or Suspension of
				Service
. If a Licensed or Approved Provider determines the health,
				safety or well-being of patients or residents is in imminent danger as a result
				of conditions existing within the program, the Licensed or Approved Provider
				shall notify the Department immediately upon becoming aware of the danger to
				patients or residents and comply with 105 CMR 164.586.
(D)
Change of Program or Service
				Provision
. A Licensed or Approved Provider shall notify the
				Department in a manner prescribed by the Department at least 30 calendar days
				before any change in program or service provision. The Department shall
				determine whether such change requires re-licensure.
(E)
Change of Administrator,
				Executive or Program Director
. A Licensed or Approved Provider
				shall notify the Department at least 14 calendar days before a planned change
				of Administrator, Executive or Program Director. In the event of an unplanned
				departure of a director, the Licensed or Approved Provider shall notify the
				Department upon the next business day of the change of director in a manner
				prescribed by the Department.
(F)
Death, Serious Incident, Accident or Fire
.
(1) The Licensed or Approved Provider shall
				notify the Department immediately upon any of the following occurring at the
				program:
(a) learning of the death of any
				person currently admitted to the program, regardless of where the death
				occurs;
(b) full or partial
				evacuation of the facility for any reason;
(c) fire;
(d) suicide;
(e) criminal acts alleged to have been
				committed by patients, residents, contractors, or staff members;
(f) pending or actual strike action by its
				employees, and contingency plans for operation of the program;
(g) alleged abuse or neglect, or physical or
				sexual assault, or prohibited interaction which occurs between or among
				patients and/or residents currently or previously treated by the program, or
				which occurs between or among such patients or residents and current or former
				staff regardless of location, including any incident which is reported to
				another agency or law enforcement;
(h) alleged abuse or neglect at the program
				which includes the following:
1. any reports
				of child abuse or neglect made under M.G.L. c. 119, § 51A;
2. any reports of elder abuse or neglect made
				under M.G.L. c. 19A, § 15; and
3. any reports of abuse of a disabled person
				made under M.G.L. c. 19C;
(i) any condition at the program which poses
				a threat to the health, safety or well-being of patients, residents, or
				staff;
(j) confirmed cases among
				staff or patients and residents of communicable diseases which are reportable
				under
				105 CMR 300.000:
Reportable Diseases
; or
(k) any other serious incident or accident as
				specified in guidelines of the Department.