reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.409 - Death of a Resident

Current through Register 1525, July 5, 2024
In addition to the notification requirements of
				  105 CMR
				  164.035, the Licensed or Approved Provider
				  shall develop procedures to be followed in the event of the death of a
				  resident. These procedures shall conform with laws governing the report of
				  death to local authorities, and shall include the following:
(A) Local emergency services (911) shall be
				notified immediately.
(B) The
				Licensed or Approved Provider shall comply with all laws concerning declaration
				of death and moving the deceased.
(C) The Licensed or Approved Provider shall
				make reasonable efforts to notify the deceased's emergency contact. A written
				record of these efforts shall be included in the resident's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.421 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.422 through
				  164.424 apply to
				  residential rehabilitation substance use disorder treatment and education
				  services for adults in the early stages of substance use disorder recovery,
				  using the following models: Transitional Support Services, Social Model
				  Recovery Homes, Recovery Homes, Therapeutic Communities, and Co-occurring
				  Enhanced. Licensed and Approved Providers shall also comply with all provisions
				  of
				  105 CMR
				  164.400 through
				  164.409, and
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.422 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
. Prior to admission, the Licensed or
				Approved Provider shall verify the resident is 18 years old or older and that
				the residential rehabilitation services are appropriate for the resident based
				upon a determination the resident:
(1) has a
				substance use disorder or a mental or behavioral disorder due to psychoactive
				substance use and is not intoxicated and is not currently at risk of
				experiencing withdrawal; (2) is mentally and physically stable and does not
				pose a risk to self or others;
(3)
				is open to recovery and can understand relapse;
(4) requires a 24-hour per day structured and
				supportive environment in order to maintain gains; and
(5) is capable of recognizing physical
				danger, including when such danger requires immediate egress from the
				residence, and is able to follow a prescribed procedure for egress, as
				demonstrated by completion of a self-preservation test.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.423 - Program Components

Current through Register 1525, July 5, 2024
(A) Residential
				rehabilitation programs for adults, regardless of program model, shall:
(1) provide daily clinical services to
				improve residents' ability to structure and organize the tasks of daily living
				and recovery;
(2) advocacy and
				ombudsman services to support residents in obtaining needed resources and
				services and actively promote residents' interests; and
(3) directly connect the resident to
				substance use disorder treatment or community support services upon
				discharge.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.424 - Staffing Pattern

Current through Register 1525, July 5, 2024
Residential Rehabilitation programs for adults are exempt
				  from the requirements set forth in
				  105 CMR
				  164.048(A)(2). Staffing
				  pattern shall include the following positions:
(A)
Direct Care
				Staff
. Job descriptions shall specify that direct care staff have
				knowledge of and ability to promote recovery. Each program must, at a minimum,
				include the following direct care staff: clinical supervisor, counselor/case
				manager, and a recovery specialist or case aide.
(B)
Coverage
. At
				minimum, the staffing pattern must include a full time Clinical Supervisor
				meeting the definition of a Senior Clinician present to provide oversight of
				clinical services and at least two FTE direct care staff present on each shift
				as outlined below, seven days per week, 24 hours per day, which shall be
				adjusted upward to address resident acuity and programmatic need. No staff on
				any shift shall be permitted to sleep during the shift. Any program which
				serves persons who identify as male or female must have a plan in place for
				ensuring at least one direct care staff person on-site who identifies as
				female, and one direct care staff person who identifies as male on each shift.
(1) At minimum, there shall be at least one
				recovery specialist or case aide and at least one full-time counselor or case
				manager present on each day and evening shift.
(2) At minimum, there shall be at least two
				recovery specialists or case aides present for each overnight shift.
(3) Where the resident census exceeds 100
				residents, the Licensed or Approved Provider shall ensure four direct care
				staff are present on all shifts.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.431 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.432 and
				  164.433 apply to
				  residential rehabilitation substance use disorder treatment services for
				  individuals with their families. The Licensed or Approved Provider shall also
				  comply with all provisions of
				  105 CMR
				  164.400 through
				  164.409, and
				  with provisions of
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.432 - Provision of Services

Current through Register 1525, July 5, 2024
(A) At the time of
				admission, the Licensed or Approved Provider shall determine that Family
				Residential Substance U se Disorder Treatment Services are appropriate based
				upon the following criteria:
(1) The parent
				or legal guardian:
(a) is 18 years old or
				older;
(b) has a substance use
				disorder or a mental or behavioral disorder due to psychoactive substance use
				and is not intoxicated and is not currently at risk of experiencing withdrawal
				symptoms requiring medical monitoring;
(c) is not currently experiencing acute
				symptoms of physical illness or mental health conditions, and does not pose a
				risk to self or others;
(d) is open
				to recovery and can understand relapse;
(e) requires a 24-hour per day structured and
				supportive environment in order to maintain gains;
(f) has custody of at least one child or
				reunification with at least one child is planned within 30 calendar days of
				admission, or is pregnant; and
(g)
				is capable of recognizing physical danger, including when such danger requires
				immediate egress from the residence, and is able to follow a prescribed
				procedure for egress, as demonstrated by completion of a self-preservation
				test.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.433 - Staffing Pattern

Current through Register 1525, July 5, 2024
(A) In addition to
				the staffing requirements of
				105 CMR 164.424
				and
				105 CMR 164.048,
				excluding
				105 CMR
				164.048(A)(2), the Licensed
				or Approved Provider shall establish a staffing pattern that, at a minimum,
				includes the following:
(1) a Clinical
				Supervisor who also meets the definition of a Senior Clinician;
(2) a Family Therapist who also meets the
				definition of a Senior Clinician with experience working with families
				experiencing substance use disorders;
(3) children's services staff including, but
				not limited to, a Children's Services Coordinator and a Children's Services
				Assistant;
(4) counselors to serve
				as Recovery Specialists;
(5) a
				minimum of one FTE staff member on-site at all times; and
(6) no on-duty staff shall be permitted to
				sleep during their shift.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.441 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.442 through
				  164.444 apply to
				  residential rehabilitation substance use disorder treatment services for
				  adolescents and transition age youth. The Licensed or Approved Provider shall
				  also comply with all provisions of
				  105 CMR
				  164.400 through
				  164.409, and
				  with
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.442 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
. Prior to admission, the Licensed or
				Approved Provider shall determine that adolescent and transition age youth
				residential rehabilitation services are appropriate based upon the following
				criteria:
(1) the resident is younger than 26
				years old; and:
(a) has a substance use
				disorder or a mental or behavioral disorder due to psychoactive substance use
				and is not intoxicated and is not currently at risk of experiencing withdrawal
				symptoms;
(b) is not currently
				experiencing acute symptoms of physical illness or mental health conditions,
				and does not pose a risk to self or others;
(c) meets patient placement criteria defined
				by the American Society of Addiction Medicine for Clinically Managed
				Residential Treatment for adolescents;
(d) does not require intensive therapeutic
				intervention for a serious mental health condition as a primary diagnosis or
				severe emotional disturbance and/or aggressive behavior; and
(e) does not require 24-hour per day nursing
				care.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.443 - Visits, Mail and Telephone

Current through Register 1525, July 5, 2024
The licensee shall establish policies and procedures to
				  encourage and support family visits, mail, telephone calls, and other forms of
				  communication with family, friends, or other persons. Such policies shall be
				  distributed to staff and residents, and to parents prior to admission, when
				  possible, or within 72 hours after admission.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.444 - Staffing Pattern

Current through Register 1525, July 5, 2024
In addition to the requirements of
				  105 CMR 164.424,
				  105 CMR 164.048
				  excluding
				  105 CMR
				  164.048(A)(2), and
				  105 CMR
				  164.082(B), the Licensed or
				  Approved Provider shall require that all staff are knowledgeable about
				  adolescent development and adolescent substance use disorder as well as
				  co-occurring mental disorders. The Licensed or Approved Provider shall
				  establish a staffing pattern in sufficient numbers and positions necessary for
				  the service type provided. No on-duty staff shall be permitted to sleep during
				  their shift. Staffing pattern shall include the following positions, which
				  shall be adjusted upward to address patient acuity and programmatic
				  need:
(A) a Clinical Supervisor who
				meets the definition of a Senior Clinician responsible for reviewing and
				approving mental health assessments conducted by Clinicians;
(B) at least one full-time counselor or case
				manager; and
(C) at least two
				direct care staff or recovery specialists on each shift.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.451 - Scope

Current through Register 1525, July 5, 2024
Provisions of
				  105 CMR
				  164.452 through
				  164.454 apply to
				  Licensed or Approved Providers providing Residential Programs for Operating
				  under the Influence Second Offenders. The Licensed or Approved Provider shall
				  also comply with all provisions of
				  105 CMR
				  164.400 through
				  164.409, and
				  with provisions of
				  105 CMR 164.000:
Part One
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.452 - Provision of Services

Current through Register 1525, July 5, 2024
(A)
Admission
. The Licensed or Approved Provider shall
				admit residents who are referred by a Massachusetts court pursuant to the
				provisions of M.G.L. c. 90, § 24.
(1) At
				admission, the Licensed or Approved Provider shall determine that residential
				second offender services are appropriate based upon the court referral and the
				resident's absence of withdrawal symptoms.
(2)
Denial of
				Admission
. The Licensed or Approved Provider shall not admit an
				intoxicated individual. In the event of denial of admission due to
				intoxication, the Licensed or Approved Provider shall notify the referring
				court of the denial within one business day. The Licensed or Approved Provider
				shall provide a copy of the written notice to the individual who was denied
				admission.
(3)
Medical
				Assessment
. Prior to admitting an individual, the Licensed or
				Approved Provider shall ensure that a medical evaluation is conducted by a
				qualified health care professional to establish whether the individual's health
				status is appropriate for the service type provided by the program. The medical
				report shall determine:
(a) whether the
				individual suffers from acute or chronic medical conditions requiring immediate
				medical care;
(b) whether the
				individual has any physical limitation which would limit participation in any
				program component, such as physical exercise. If such a condition exists, the
				Licensed or Approved Provider shall make, and document, efforts to adapt the
				physical requirements of the program to meet the individual's physical
				abilities; and
(c) If, as a result
				of the individual's medical or physical condition, the Licensed or Approved
				Provider is unable to provide adequate care, the Licensed or Approved Provider
				shall notify the referring court.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.453 - Notice to the Court

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall establish procedures
				  for notifying court personnel when the program is operating at capacity and
				  cannot accept additional referrals, and when it is available for additional
				  referrals.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part TWO - REQUIREMENTS FOR SERVICE PROVISION › Section 164.454 - Staffing Pattern

Current through Register 1525, July 5, 2024
In addition to the staffing requirements of
				  105 CMR 164.424
				  and
				  105 CMR 164.048,
				  excluding
				  105 CMR
				  164.048(A)(2), the Licensed
				  or Approved Provider shall establish a staffing pattern with sufficient
				  personnel to oversee daily activities and to ensure safe operation of the
				  program, which shall include:
(A) A
				Senior Clinician or Clinician to provide individual counseling, and group
				counseling/ education services.
(B)
				Staff qualified by education or experience responsible for the structure and
				delivery of physical education and recreation activities.
(C) Qualified health care personnel to
				conduct initial medical assessments. Health care staff may be employees of the
				Licensed or Approved Provider, or may be employees of an entity with whom the
				Licensed or Approved Provider has a QSOA for provision of health care
				services.
(D) No on-duty staff on
				any shifts shall be permitted to sleep during the shift.
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 164.500 - Licensure Requirements for Providers Licensed by the Department of Mental Health or the Bureau of Health Care Safety and Quality, or Operated by an Agency of the Commonwealth

Current through Register 1525, July 5, 2024
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 164.505 - Scope

Current through Register 1525, July 5, 2024
The provisions of 105 CMR 164.505 through 105 CMR 164.587
				  shall apply to any substance use disorder treatment program operated by a
				  facility licensed by the Department of Mental Health or the Department of
				  Public Health's Bureau of Health Care Safety and Quality, operated by the
				  Department of Mental Health, or Agencies of the Commonwealth. In addition to
				  the standards contained within 105 CMR 164.505 through 105 CMR 164.587, each
				  Licensed or Approved Provider shall comply with the applicable level or levels
				  of service provided pursuant to
				  105 CMR 164.100
				  through
				  164.400:
Part Two
.
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 164.507 - Application Requirements for Licensure or Approval

Current through Register 1525, July 5, 2024
A substance use disorder treatment program must have a
				  License or Approval from the Department.
(A) Applications for licensure or approval
				shall be made in a form prescribed by the Department and include all supporting
				documents required by the applicable level or levels of service provided
				pursuant to
				105 CMR 164.100
				through
				164.400:
Part Two
.
(B) An
				application for an original license, or the transferee's application in the
				case of a transfer of ownership, shall not be approved until the applicant has
				been deemed suitable by the Department.
(C) Except for an Agency of the Commonwealth
				accepting civil commitments pursuant to M.G.L. c. 123, § 35, an
				application for a license or approval renewal, shall include a sworn statement
				of the names and addresses of any person with an ownership or control interest
				in the facility or in the real property upon which the facility is located. For
				the purposes of 105 CMR 164.507, "person with an ownership or control interest"
				shall mean a person who:
(1) has a direct or
				indirect ownership interest of 5% or more in the facility or the organization
				that holds the license;
(2) is the
				owner of a whole or part interest in any mortgage, deed of trust, note, or
				other obligation secured (in whole or in part) by the facility or any of the
				property or assets thereof, which whole or part interest is equal to or exceeds
				5% of the total property and assets of the facility or organization that holds
				the license;
(3) is an officer or
				director of a corporate licensee;
(4) is a partner of a licensee organized as a
				partnership; or
(5) is the Trustee
				of a Trust.
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 164.508 - Application Submission

Current through Register 1525, July 5, 2024
(A) Applications
				for licensure or approval shall be made in a format prescribed by the
				Department, together with the required fee and any other documents and
				materials required by the applicable level or levels of service provided
				pursuant to
				105 CMR 164.100
				through
				164.400:
Part Two
or that the Department deems appropriate.
(B) Applicants for licensure or approval who
				choose to use a vendor to provide the identified substance use disorder
				treatment being applied for shall only use a vendor licensed or eligible for
				licensure under
				105 CMR 164.000.
(C) Applicants for renewal must submit to the
				Department completed forms and fees required by the Department at least 60
				calendar days prior to the expiration of the current License or Approval. An
				application for renewal, if timely filed with the required fee (as applicable
				pursuant to
				105 CMR
				164.008), shall have the effect of a License
				or Approval from the date of License or Approval expiration until such time as
				the Department takes action on the application. If a renewal application is not
				timely filed, such an application will not have such effect and the License or
				Approval shall lapse.
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 164.509 - Evaluation of Application and Suitability of Applicant or Licensed or Approved Provider

Current through Register 1525, July 5, 2024
(A) The Department
				shall evaluate the suitability of the applicant or Licensed or Approved
				Provider including, but not limited to, the following factors. A negative
				determination with respect to any one of the factors constitutes an adequate
				ground for deeming an applicant or Licensed or Approved Provider unsuitable to
				establish or maintain a substance use disorder treatment program and upon which
				the Department may deny an initial or renewal application for a License or
				Approval.
(1) Past performance as a provider
				of substance use disorder treatment services, based upon documentation of
				applicant's or Licensed or Approved Provider's:
(a) history of compliance with applicable
				provision of
				105 CMR 164.100
				through 164.500;
(b) history of
				providing substance use disorder treatment services or other health care
				services, including provision of services in other states;
(c) ability to provide substance use disorder
				treatment services;
(d) history of
				response to correction orders issued under 105 CMR 164.516;
(e) history of failure to provide services to
				any individual when licensed or approved to provide such services;
				and
(f) history of patient or
				resident abuse, mistreatment or neglect in any licensed health care program or
				facility.
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 164.510 - Inspections

Current through Register 1525, July 5, 2024
(A) The Department or its agents may visit at
				any time without prior notice and inspect the facility, its staff, activities,
				and records to determine compliance with the applicable level or levels of
				service provided pursuant to
				105 CMR 164.100
				through 164.500 and applicable state and federal laws.
(B) Applicants and Licensed or Approved
				Providers shall provide Department inspectors with access to:
(1) The entire physical plant, including
				those portions open to patients or residents and staff and those open only to
				staff;
(2) All information
				including, but not limited to, records, and documentation related to the
				provision of substance use disorder treatment services, and to the operation of
				the program, including personnel records and documents relating to the licensed
				legal entity. All such records and documentation shall be in English, legible,
				and current to within five business days of the most recent provision of
				service.
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 164.511 - Issuance of Licenses and Approvals

Current through Register 1525, July 5, 2024
Upon the approval of the application for a License or
				  Approval, the Department shall issue a License or Approval to the applicant.
				  Every License and Approval shall state the name and address of the program if
				  either differs from that of the Licensed or Approved Provider or approved
				  entity; the period of Licensure or Approval; the specific service(s) the
				  program is Licensed or Approved to deliver; and the name and address of any
				  satellite location(s).
(A) In
				accordance with M.G.L. c. 111E, § 7, the Department shall not approve an
				application for an original license, unless the applicant can demonstrate need
				for the substance use disorder treatment program based upon the following
				factors:
(1) The health needs of drug
				dependent persons and persons with alcohol use disorder, as defined in M.G.L.
				c. 111B, § 3, in the Commonwealth, including underserved populations and
				persons with co-occurring mental health conditions and substance use disorder;
				and
(2) The demonstrated ability and
				history of a prospective Licensed or Approved Provider to meet the needs of
				such persons.
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 164.512 - Posting of a License or Approval

Current through Register 1525, July 5, 2024
Each Licensed or Approved Provider shall post the current
				  License or Approval issued by the Department in a conspicuous public place at
				  each service location.
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 164.513 - Transfer of Ownership

Current through Register 1525, July 5, 2024
(A)
Circumvention
. A transfer of ownership shall not be
				recognized and the new owner shall not be considered suitable for licensure
				when the Transfer of Ownership is proposed or made to circumvent the effect and
				purpose of 105 CMR 164.500. The Department shall consider the following factors
				in determining whether a Transfer of Ownership has been proposed or made to
				circumvent 105 CMR 164.500:
(1) The
				transferor's record of compliance with Department licensure laws and
				regulations;
(2) The transferor's
				current licensure status;
(3) The
				transferor's familial, business or financial relation to the transferee;
				and
(4) The terms of the
				transfer.
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 164.514 - Change of Location

Current through Register 1525, July 5, 2024
(A) A Licensed or
				Approved Provider may not move the delivery of any services licensed pursuant
				to 105 CMR 164.511 to another location without receiving express prior approval
				by the Department for each proposed site.
(B) An application submitted by a Licensed or
				Approved Provider for a change in location must be filed with the Department at
				least 90 calendar days in advance in a manner prescribed by the Department and
				shall be subject to all requirements of initial licensure.
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 164.515 - Change of Program Name

Current through Register 1525, July 5, 2024
(A) A Licensed or
				Approved Provider may not change the name of any program licensed pursuant to
				105 CMR 164.000 without
				receiving express prior approval by the Department.
(B) An application submitted by a Licensed or
				Approved Provider for a change in name must be filed with the Department at
				least 90 calendar days in advance in a manner prescribed by the
				Department.
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 164.516 - Correction Orders

Current through Register 1525, July 5, 2024
The Department shall prepare a written deficiency correction
				  order for each violation of the applicable provisions of
				  105 CMR 164.100
				  through 164.500, M.G.L. c. 111E and M.G.L. c. 111B and send the deficiency
				  correction order to the Licensed or Approved Provider of record. The deficiency
				  correction order shall include a statement of the deficiencies found, the
				  period within which the deficiency must be corrected, which shall not exceed 60
				  calendar days, except as provided for in 105 CMR 164.517(C), and the
				  provision(s) of law and/or regulation relied upon
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 164.517 - Plan of Correction

Current through Register 1525, July 5, 2024
(A) The Licensed or
				Approved Provider shall submit a plan of correction to address each deficiency
				within 14 calendar days, unless otherwise specified by the Department and, as
				provided in 105 CMR 164.517(B), shall remedy or correct each deficiency cited
				within 60 calendar days of receipt of the deficiency correction
				order.
(B) The plan of correction
				shall set forth, with respect to each deficiency, the specific corrective
				step(s) to be taken, a timetable for each step, and the date by which full
				compliance will be achieved. The timetable and the compliance dates shall be
				consistent with achievement of compliance in the most expeditious manner
				possible. The plan of correction shall be signed by either the Licensed or
				Approved Provider or his or her designee.
(C) Where, in the opinion of the Department,
				the deficiency is not capable of correction within 60 calendar days, the
				Licensed or Approved provider shall submit a written plan for correction of the
				deficiency in a reasonable manner within 14 calendar days of such determination
				by the Department. The plan of correction shall comply with 105 CMR
				164.517(B).
(D) The Department may
				modify the plan of correction by providing notice to the Licensed or Approved
				Provider. The Licensed or Approved Provider may submit a written request for
				administrative reconsideration of the modified plan of correction, or any
				portion thereof, within seven calendar days of receipt of notice.
(E) If a Licensed or Approved Provider fails
				to remedy or correct a cited deficiency by the date specified in the deficiency
				correction order or fails to remedy or correct a cited deficiency by the date
				specified in a plan of correction as accepted or modified by the Department,
				the Department may:
(1) Suspend, limit,
				restrict or revoke the Licensed or Approved Provider's License or
				Approval;
(2) Impose a civil fine
				upon the Licensed or Approved Provider not to exceed $1,000 per deficiency for
				each day the deficiency continues to exist beyond the date prescribed for
				correction (except for Agencies of the Commonwealth);
(3) Pursue any other sanction as the
				Department may impose administratively upon the Licensed or Approved Provider;
				or
(4) Impose any combination of
				the penalties set forth in 105 CMR 164.517(E)(1) through (3).
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 164.518 - Administrative Penalties

Current through Register 1525, July 5, 2024
(A)
Summary Suspension
. The Department may summarily
				suspend a License or Approval prior to a hearing if:
(1) In the opinion of the Department, the
				violation of rules, regulation, deficiency correction orders, or plans of
				correction jeopardizes the health, safety, or well-being of patients or the
				public or seriously limits the capacity of a facility to provide adequate care;
				or
(2) Where the violation of such
				rules, regulation, deficiency correction orders, or plans of correction is the
				second or subsequent such violation occurring during a period of 12
				months.
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 164.519 - Grounds for Denial, Refusal to Renew, Restriction, Limitation, or Revocation of License or Approval

Current through Register 1525, July 5, 2024
In addition to
				  105
				  CMR 164.019(A) through (J),
				  each of the following, separately, shall constitute full and adequate grounds
				  to deny, revoke, limit, restrict, or refuse renewal of a License or
				  Approval:
(A) Failure to meet the
				applicable requirements for licensure or approval as specified in the
				applicable level or levels of service provided pursuant to
				105 CMR 164.100
				through
				164.400:
Part Two
.
(B)
				Failure to meet the requirements of applicable federal or state law or
				regulations.
(C) Violating of any
				applicable requirement of
				105 CMR 164.100
				through 164.500.
(D) Failure to
				give proper care to patients or residents.
(E) Denying entry to agents of the Department
				or attempt to impede the work of a duly authorized representative of the
				Department.
(F) Knowingly making an
				omission of material information or providing false or misleading statements
				orally or in writing to the Department.
(G) Operating the facility without a required
				License or Approval or after the expiration of a License or Approval if the
				applicant or Licensed or Approved Provider has not timely submitted an
				application for renewal.
(H) There
				is a reasonable basis for the Department to conclude there is a discrepancy
				between the facility's representations as to the treatment services to be
				afforded patients and the treatment services actually rendered or to be
				rendered.
(I) Conviction of an
				applicant or Licensed or Approved Provider or a person with ownership or
				control interest in the program of Medicare or Medicaid fraud or other criminal
				offense related to operating the program.
(J) Conviction of an applicant or Licensed or
				Approved Provider or a person with ownership or control interest in the program
				of a violent crime against a person, which indicates that operation of the
				program may endanger the public health or safety.
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 164.520 - Hearings

Current through Register 1525, July 5, 2024
(A) If the Department refuses to renew,
				suspends, restricts, limits, or revoke licensure or approval pursuant to
				105
				CMR 164.019, the Department shall notify the
				applicant in writing of the following:
(1) the
				intended action;
(2) the reason(s)
				and ground(s) for the action; and
(3) the Licensed or Approved Provider's right
				to file a written request for an adjudicatory hearing in accordance with M.G.L.
				c. 30A, and
				801 CMR 1.01:
Formal Rules
.
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 164.521 - Commissioner and Judicial Review

Current through Register 1525, July 5, 2024
(A) The
				Commissioner shall review the recommended decision of the hearing officer in
				any adjudicatory proceeding conducted pursuant to
				801 CMR 1.01:
Formal Rules
. The decision of the Commissioner shall
				constitute a final agency decision in an adjudicatory proceeding, and is
				subject to judicial review pursuant to M.G.L. c. 30A, § 14.
(B) A Licensed or Approved Provider or
				applicant that fails to exercise the right to an adjudicatory proceeding
				pursuant to
				105 CMR 164.020 waives
				both the right to administrative review by the Commissioner and the right to
				judicial review pursuant to M.G.L. c. 30A, § 14.
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 164.522 - Providing Information to the Department

Current through Register 1525, July 5, 2024
(A)
				Each Licensed or Approved Provider shall timely submit management information
				data in a manner prescribed by the Department including, but not limited to,
				admissions, discharges, patient or resident characteristics, services and
				outcomes, and staff patterns and characteristics. It shall also submit to the
				Department such data, statistics, schedules, or information as the Department
				may require for the purposes of licensing and/or monitoring and evaluating a
				service as well as data required to meet federal reporting requirements
				including, but not limited to, outcome data.
(B) Each Licensed or Approved Provider is
				responsible for requesting patient or resident authorizations to ensure the
				timely submission of data to the Department.
(C) All information submitted pursuant to the
				applicable requirements of
				105 CMR 164.100
				through 164.500 or otherwise required by the Department shall be kept current
				by each Licensed or Approved Provider.
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 164.523 - Waivers

Current through Register 1525, July 5, 2024
(A) The Department may, in its discretion,
				waive the applicability of one or more of the requirements of
				105 CMR 164.100
				through 164.500 as requested by a Licensed or Approved Provider, upon a written
				finding that:
(1) compliance would cause
				undue hardship to the provider, as documented by the Licensed or Approved
				Provider in a manner defined by the Department;
(2) the provider is in substantial compliance
				with the spirit of the requirement and has instituted compensating features
				that are acceptable to the Department;
(3) the provider's non-compliance does not
				jeopardize the health, safety, or well-being of its patients and does not limit
				the provider's capacity to provide the service; and
(4) the provider provides to the Department
				written documentation supporting its request for a waiver.
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 164.534 - Qualified Service Organization Agreements

Current through Register 1525, July 5, 2024
Each Licensed or Approved Provider must establish written
				  agreements with any qualified service organization providing services,
				  programs, agencies, or facilities to the Licensed or Approved Provider. The
				  qualified service organization agreements (QSOAs) shall:
(A) be signed by both parties;
(B) be renewed at a minimum of every five
				years;
(C) require the qualified
				service organization to agree to be bound by requirements of 42 CFR Part
				2;
(D) specify the services,
				programs, agencies or facilities to be provided; and
(E) if the qualified service organization
				provides services to the Licensed or Approved Provider's patients or residents,
				specify the method of referral and review of treatment plans.
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 164.536 - Marketing of Services

Current through Register 1525, July 5, 2024
A Licensed or Approved Provider may not engage in advertising
				  which:
(1) is false, deceptive or
				misleading;
(2) has the effect of
				intimidating or exerting undue pressure;
(3) guarantees a cure; and/or
(4) makes claims of professional superiority
				which a Licensed or Approved Provider cannot substantiate.
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 164.539 - Nondiscrimination and Accommodation

Current through Register 1525, July 5, 2024
(A) No Licensed
				or Approved Provider shall discriminate in the provision of service against any
				person on the basis of race, color, ethnicity, religious creed, national
				origin, sex, sexual orientation, gender identity, age, disability, genetic
				information, ancestry or status as a veteran.
(B) No Licensed or Approved Provider shall
				discriminate in the provision of service against any Medicaid
				recipient.
(C) Program space,
				including satellites and medication units, used for patients or residents shall
				be accessible to individuals with disabilities and shall comply with all
				federal, state and local requirements for accessibility.
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 164.540 - Written Policies

Current through Register 1525, July 5, 2024
(A) Licensed or
				Approved Providers that directly provide services shall have written policies
				and procedures consistent with and implemented in accordance with the
				applicable requirements established in
				105 CMR 164.100
				through 164.500, Department administrative guidelines, accepted standards of
				care for substance use disorder treatment services and applicable laws. All
				policies required under
				105 CMR 164.000 shall be in
				writing, and available to staff, patients, residents and Department inspectors,
				and shall at a minimum address the following areas:
(1) program rules;
(2) confidentiality in accordance with 105
				CMR 164.584;
(3) security of and
				access to patient and resident records, and patient and resident
				information;
(4) personnel
				policies, including:
(a) prohibition of
				sexual harassment and procedures for handling and investigating sexual
				harassment complaints;
(b)
				prohibited interactions between staff and patients or residents, and between or
				among patients and/or residents; and
(c) requirements of 42 CFR Part 2 (federal
				confidentiality regulations) and 45 CFR Parts 160, 162 and 164 (Health
				Insurance Portability and Accountability Act, HIPAA), where
				applicable.
(5) ensuring
				patient safety, including adequate patient and resident oversight and periodic
				patient and resident safety checks;
(6) responses to and reports of death,
				accident, injury, fire and alleged assault, and responses to and reports of
				safety and health conditions at the program;
(7) all-hazard and emergency planning and
				procedures;
(8) orientation and
				supervision of staff from contract or temporary agencies; and
(9) care and treatment protocols developed in
				accordance with all applicable federal regulations.