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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.032 - Finances

Current through Register 1525, July 5, 2024
(A) All Licensed or Approved Providers shall
				  keep and maintain an accurate record of the finances of the facility in
				  accordance with state requirements and its bylaws which demonstrates the
				  Licensed or Approved Provider's financial capacity to operate the facility for
				  the licensing period. Such records shall include an annual operating budget
				  with documentation of approval by its governing body.
(B) All Licensed or Approved Providers shall
				  establish written policies and procedures for all fiscal operations, including
				  fee arrangements with patients or residents, provided that the Licensed or
				  Approved Provider shall provide services to patients or residents with public
				  health insurance on a nondiscriminatory basis. In the event of patient or
				  resident nonpayment, prior to moving to discharge the patient or resident, the
				  provider shall:
(1) make reasonable efforts to
				  secure payment from a third-party payment source; and
(2) offer a reasonable payment plan which
				  takes into account the patient's or resident's income and resources.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.033 - Insurance

Current through Register 1525, July 5, 2024
Each Licensed or Approved Provider shall maintain evidence
					 of general and professional liability insurance, as well as workers'
					 compensation insurance coverage required by M.G.L. c. 152, § 25C, covering
					 all service delivery and administrative sites.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.034 - 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.036 - 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.037 - Goals and Objectives

Current through Register 1525, July 5, 2024
Each licensee shall adopt and maintain a current written
					 statement of purpose identifying service goals, objectives, and philosophy. The
					 licensee shall review this statement annually and modify it as necessary,
					 reflecting changes in the characteristics of the clients served, changes within
					 the community where the service is located, or recommended changes as a result
					 of a facility evaluation. This statement shall also be maintained in the client
					 policy manual as outlined in
					 105 CMR
					 164.081:
Client Policy
					 Manual
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.038 - Evaluation

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall implement an
					 evaluation plan that enables it to measure progress toward the achievement of
					 its established goals and objectives. The evaluation plan shall be prepared
					 annually by the Licensed or Approved Provider and reviewed with the governing
					 body. The plan shall address methods for reviewing appropriateness of patient
					 or resident care, utilization of service components, methods for achieving
					 compliance with the federal and state disability laws, and other data and
					 information necessary for analyzing and improving the efficiency and
					 effectiveness of program services. The Licensed or Approved Provider shall
					 designate the individual(s) responsible for completing the evaluation plan, and
					 shall document the application of the evaluation findings to its efforts to
					 improve program services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.039 - 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.041 - Personnel

Current through Register 1525, July 5, 2024
(A) 105 CMR 164.041 through
				  164.046 apply
				  to all staff, including volunteers, contractors, and interns.
(B) The Licensed or Approved Provider shall,
				  as part of its orientation, inform and train all staff members, in writing, of
				  confidentiality requirements in accordance with
				  105 CMR 164.084.
				  Evidence of this notification and training shall be included in personnel
				  records.
(C) The Licensed or
				  Approved Provider shall comply with all state and federal antidiscrimination
				  laws including Equal Employment Opportunity Laws and M.G.L. c. 151B,
				  §§ 3A and 4.
(D) A
				  Licensed or Approved Provider who serves a community in which a majority of the
				  population do not speak English as a first language shall make and document
				  efforts to employ staff in direct service positions who speak the language(s)
				  of the community served.
(E) The
				  Licensed or Approved Provider shall comply with the hiring restrictions
				  established by the Executive Office of Health and Human Services under
				  101 CMR 15.00:
Criminal Offender Record Checks
.
(F) A Licensed or Approved Provider serving
				  individuals younger than 18 years old, or serving families with children
				  younger than 18 years old, shall require volunteers, students, employees, and
				  employment candidates being considered for hire to sign a consent form allowing
				  the Department of Children and Families to release information about the
				  volunteer, student, employee, or employment candidate, including whether their
				  name appears on the Registry of Alleged Perpetrators, to the 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.042 - Personnel Policies

Current through Register 1525, July 5, 2024
(A) Each licensee
				  shall describe in writing the facility's current personnel policies and
				  practices and shall make them available to all staff members.
(B) Such personnel policies shall include a
				  description of:
(1) the criteria and
				  procedures for hiring, assigning, promoting, and suspending or dismissing a
				  staff member;
(2) the procedure for
				  handling staff complaints and grievances;
(3) prohibition of sexual harassment and
				  procedures for handling sexual harassment complaints;
(4) prohibited interactions between staff and
				  clients;
(5) provisions for
				  vacations, holidays, paternity and maternity leave, educational leave, sick
				  leave, other leaves of absence, and fringe benefits;
(6) staff member accident and safety
				  procedures;
(7) employee assistance
				  plan;
(8) restrictions on the use
				  of tobacco products and smoking; and
(9) 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.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.043 - Job Description and Evaluations

Current through Register 1525, July 5, 2024
(A)
				  The Licensed or Approved Provider shall make available job descriptions for all
				  positions, which shall include current salary ranges. Job descriptions shall
				  specify responsibilities, supervision received, supervision provided to others,
				  degree of authority to execute job responsibilities, and
				  qualifications.
(B) The Licensed or
				  Approved Provider shall evaluate the job performance of all staff members. Each
				  evaluation shall be completed at least annually, and a copy shall be placed in
				  the employee's personnel record.
(C) The Licensed or Approved Provider shall
				  include the following job descriptions, which may be incorporated into
				  descriptions for other positions:
(1)
Access Coordinator
: responsible for development and
				  implementation of the Licensed or Approved Provider's evaluation, plan and
				  annual review of the Licensed or Approved Provider's performance in ensuring
				  equitable access to services as required by
				  105 CMR
				  164.040(A)(11).
(2)
HIV/AIDS
				  Coordinator
: responsible for overseeing confidential HIV risk
				  assessment and access to counseling and testing; staff, patient, and resident
				  HIV/AIDS and hepatitis education; and Department requirements for admission,
				  service planning and discharge of HIV positive patients or residents;
(3)
Tobacco Education
				  Coordinator
: responsible for assisting staff in implementing BSAS
				  guidelines for integrating tobacco assessment, education and treatment into
				  program services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.045 - Employee Assistance

Current through Register 1525, July 5, 2024
The licensee shall have a written policy and procedure for
					 assisting employees, which shall include the following provided directly or
					 through qualified service organization agreements:
(A) Confidential assessment and referral for
				  services related to personal or professional difficulties which affect the
				  employee's ability to perform assigned duties, including substance use
				  disorders, gambling or other addictive behaviors, and domestic
				  violence.
(B) Response for
				  employees who experience injury or stress related to workplace
				  incidents.
(C) Information about
				  tobacco treatment programs, and encouragement of staff to utilize
				  resources.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.046 - Personnel Records

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall maintain a
					 personnel record for each employee which includes at a minimum evidence of any
					 required license or registration number; documentation of any specialty
					 certification, education, and job experience; and evidence of training
					 received, as specified in
					 105 CMR
					 164.044(B).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.047 - Volunteers, Student Interns and Contract Agency Staff

Current through Register 1525, July 5, 2024
(A) Volunteers and student interns may be
				  used only as an adjunct to regular paid staff and not as a substitute for the
				  staffing requirements of
				  105 CMR 164.000. Student
				  interns and volunteers providing individual and/or group counseling shall be
				  screened, oriented, trained, and supervised in a manner consistent with
				  105 CMR 164.041(E)
				   and
				  105 CMR
				  164.044.
(B) When a Licensed or Approved Provider uses
				  staff who are employed by a contract or temporary agency, the Licensed or
				  Approved Provider shall ensure the following:
(1) the Licensed or Approved Provider has
				  established a qualified service organization agreement with the contract or
				  temporary agency which specifies that the contract or temporary agency has
				  complied with hiring restrictions established by the Executive Office of Health
				  and Human Services under
				  101 CMR 15.00:
Criminal Offender Record Checks
.
(2) the Licensed or Approved Provider has
				  established a written policy and procedure to ensure such staff receive
				  orientation and supervision, and to document such orientation and
				  supervision.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.048 - Staffing Pattern

Current through Register 1525, July 5, 2024
(A) The Licensed or
				  Approved Provider shall provide an adequate number of qualified personnel to
				  fulfill the service objectives and needs of each patient or resident served
				  based upon acuity, patient assessments, treatment plans, and other relevant
				  factors as determined by the Licensed or Approved Provider. At a minimum, such
				  staffing shall include:
(1) A program director
				  who shall administer the day-to-day operations of the facility and who shall be
				  on the premises during regular business hours. In his or her absence a
				  professional staff person shall be designated to act in his or her place. The
				  Licensed or Approved Provider shall provide the designee with contact
				  information for the administration in the event of an emergency.
(2) A multidisciplinary team that includes
				  professionals sufficient to meet the needs of each patient or resident served
				  with recognized expertise in a variety of areas of substance use disorder
				  treatment. The team may include the Licensed or Approved Provider's staff as
				  well as other treatment professionals through QSOAs, as necessary to care for
				  patients and residents served. The team may include, but is not limited to,
				  physicians, psychiatrists, psychologists, acupuncturists, advanced practice
				  registered nurses, physician assistants, registered nurses, licensed practical
				  nurses, licensed social workers, psychiatric nurses, substance use disorder
				  counselors with master's or bachelor's degrees in a related field and certified
				  or licensed substance use disorder counselors, licensed mental health
				  counselors, case managers, care coordinators, recovery coaches, and peers.
(a) The multidisciplinary team shall review
				  assessments, treatment plans and other patient- and resident-specific issues to
				  ensure quality of services and to provide education and training to
				  staff.
(b) The Licensed or Approved
				  Provider shall ensure that the multidisciplinary team is incorporated into the
				  staffing plan.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.049 - Physical Plant: Building Design

Current through Register 1525, July 5, 2024
(A) The
				  design, construction, and maintenance of the building shall comply with all
				  federal and state laws and local ordinances pursuant to
				  105 CMR
				  164.050 including, but not limited to, 780
				  CMR and 521 CMR.
(B) The Licensed
				  or Approved Provider must ensure that any locking system on any door in the
				  facility can be opened by a master key or specialized tool in the event of an
				  emergency.
(C) All sites where
				  services are delivered shall comply with the Americans with Disabilities
				  Act.
(D) Each site shall have
				  sufficient and appropriate space for storage of patient and resident records
				  which shall be maintained in compliance with
				  105 CMR
				  164.083.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.050 - Required Certificates and Inspections

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall maintain valid
					 certificates from the applicable local or state authority or authorities
					 including, but not limited to, building, fire and sanitary code inspection
					 certificates. Such certificates shall be made available to Department
					 inspectors upon request. Further, all documentation in connection with any
					 inspections shall be maintained on-site and provided to the Department upon
					 request.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.051 - Heating

Current through Register 1525, July 5, 2024
(A) Each building shall be equipped with a
				  heating system that is sufficient to maintain a minimum temperature of
				  68ºF throughout the building during cold weather. Portable heaters are
				  prohibited.
(B) The heating system
				  shall comply with the rules and regulations as outlined by the Department of
				  Public Safety (522 CMR:
Board of Boiler Rules
, and 527 CMR:
Board of Fire Prevention Regulations
) under M.G.L. c. 148.
(C) Plumbing and heating shall be
				  adequate to maintain a comfortable and healthy environment for clients. Hot
				  water supplied to fixtures accessible to clients shall be regulated to ensure a
				  minimum temperature of 110ºF and a maximum temperature of
				  130°F.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.052 - Lighting

Current through Register 1525, July 5, 2024
Adequate electric lighting, maintained in good repair,
					 shall be provided at the recommended levels of the Illumination Engineering
					 Society throughout the building and in exterior areas. All electrical
					 installations shall be in accordance with 527 CMR:
Board of Fire
					 Prevention Regulations
,
					 527
					 CMR 12.00:
2014 Massachusetts Electrical
					 Code
, and all local regulations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.053 - Building Maintenance

Current through Register 1525, July 5, 2024
(A) All Licensed or
				  Approved Providers shall provide sufficient maintenance and housekeeping
				  personnel to ensure that the building is in good repair and in a safe, clean,
				  and sanitary condition and free from accumulation of refuse. Residential
				  rehabilitation programs may require residents to maintain sleeping quarters in
				  clean and safe condition and to perform light housekeeping tasks. Residential
				  rehabilitation programs shall not require residents to serve as substitutes for
				  maintenance and housekeeping personnel.
(B) Each building shall have adequate space
				  for storage of equipment and bulk office supplies and all storage areas,
				  attics, and cellars shall be kept safe and free from accumulations of refuse.
				  Combustibles, whose storage is permissible under relevant state and local
				  regulations, shall be kept in metal cabinets.
(C) All areas around the buildings,
				  sidewalks, and patios shall be kept clear of debris, ice and snow.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.054 - General Areas

Current through Register 1525, July 5, 2024
(A) Each building
				  shall have sufficient and separate space for reception and office areas,
				  including:
(1) reception and waiting
				  areas;
(2) administrative and staff
				  offices; and
(3) storage of patient
				  and resident records.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.055 - Tobacco-free Environment

Current through Register 1525, July 5, 2024
(A) Tobacco and
				  e-cigarette use is prohibited throughout the entire facility with no exceptions
				  subject to M.G.L. c. 270, § 22 for acute care residential substance use
				  disorder treatment centers. The prohibition shall include program-owned and/or
				  leased vehicles, and personal vehicles when used to transport patients or
				  residents. Such prohibition shall apply to everyone, including employees,
				  patients, residents, consumers, contractors, and visitors.
(B) The Licensed or Approved Provider may
				  establish restricted exterior smoking and vaping areas away from main entrances
				  to the building. The Licensed or Approved Provider shall establish separate
				  exterior smoking and vaping areas, or separate smoking and vaping times, for
				  patients or residents and staff.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.056 - Restrooms

Current through Register 1525, July 5, 2024
(A) Restrooms shall be conveniently located
				  and accessible throughout the building, and shall be designed to:
(1) permit opening a locked door from the
				  outside in an emergency;
(2) ensure
				  privacy through the use of partitions and doors; and
(3) provide adequate ventilation through
				  windows and/or by exhaust fans.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.057 - Communication Systems

Current through Register 1525, July 5, 2024
Licensed or Approved Providers shall establish and maintain
					 telephone and electronic equipment necessary to ensure efficient communication
					 for staff, patients, and residents. Telephone systems shall include
					 Telecommunication Device for the Deaf (TDD)/Teletypewriter (TTY) equipment,
					 Videophone (VP) systems, relay systems or other technology approved by the
					 Department. Licensed and Approved Providers shall ensure that all staff who may
					 be responsible for receiving incoming communications are trained in the use of
					 relay systems at a minimum, and other technologies as
					 applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.058 - First Aid

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall ensure first aid
					 kits meeting the American National Standards Institute Z308.1-2015 requirements
					 are available including, at a minimum, one Class B Kit and one or more Class A
					 Kits.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.059 - Child Safety

Current through Register 1525, July 5, 2024
If children are permitted on the premises for any reason,
					 the Licensed or Approved Provider shall ensure that children on site are
					 supervised at all times by an adult, and that the premises are safe for
					 children.
(A) Safety provisions shall
				  include:
(1) floors and walls free from
				  dangerous protruding objects;
(2)
				  intact banisters and balusters;
(3)
				  tall or top-heavy furniture bolted to the floor or wall;
(4) electrical cords secured to baseboard or
				  floor;
(5) toys in children's play
				  areas sanitized daily with written cleaning procedures posted;
(6) in facilities with kitchens, children
				  younger than six years old shall not be permitted in kitchen areas, and kitchen
				  cabinets and refrigerators shall be equipped with child-proof locking
				  mechanisms;
(7) protective covers
				  on radiators;
(8) If children
				  younger than six years old are present, provisions shall also include:
(a) covers larger than 1x4 inches installed
				  on all electrical outlets;
(b)
				  diaper changing areas with a safety strap and adequate supplies for cleaning
				  the surface with a disinfectant after each use;
(c) safety bars on windows above the first
				  floor, and on any other hazardous window accessible to children; and
(d) gates placed across top and bottom of
				  stairways.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.060 - Fire Protection

Current through Register 1525, July 5, 2024
The licensee shall provide adequate fire protection
					 equipment and devices appropriate to the needs of the particular building.
					 During the periodic inspection required under
					 105 CMR
					 164.050, the licensee shall consult with the
					 local fire department regarding the selection of protection equipment, such as
					 fire alarms, fire extinguishers, smoke detectors and child protective window
					 devices. The licensee shall provide the devices recommended in the inspection
					 report in a timely manner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.061 - Internal Incident Investigation and Reporting

Current through Register 1525, July 5, 2024
(A) Unless otherwise approved by the
				  Department, all internal investigation reports shall be completed no later than
				  ten business days from the date of the incident or from the date the Licensed
				  or Approved Provider knew or should have known about the incident. All internal
				  investigation reports shall include a root cause analysis of the
				  incident.
(B) The Licensed or
				  Approved Provider shall maintain and store in a central and readily accessible
				  location all internal incident reports and investigatory documentation, for
				  review by the Department upon request. Such records shall include a log and
				  documentation related to all incidents that effect, or could potentially
				  effect, the health and safety of patients or cause physical injury.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Licensee Administration and Organization › Section 164.062 - All Hazard and Emergency Planning and Procedures

Current through Register 1525, July 5, 2024
(A) The Licensed or Approved Provider shall
				  establish a written plan for response to emergencies, which must include:
(1) Said plan shall be formulated on an
				  all-hazards approach: provide for response to internal, local, community,
				  state, regional or national emergencies, regardless of cause (natural or
				  man-made).
(2) The plan shall
				  include a mechanism for review of all services furnished by the Licensed or
				  Approved Provider, and how those services will be affected by and changed to
				  address the emergency to which they would potentially respond.
(3) The plan shall document the Licensed or
				  Approved Provider's communications with community emergency management and
				  response agencies.
(4) The plan
				  shall include at a minimum the provisions described in 105 CMR 164.062(B)(1)
				  through (8).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.070 - Referrals and Admissions

Current through Register 1525, July 5, 2024
(A)
Admission and Eligibility Criteria
.
(1) The Licensed or Approved Provider shall
				  establish written admission eligibility criteria and procedures, provided such
				  criteria and procedures do not impose any restrictions that act as a barrier to
				  treatment access including, but not limited to, discrimination against patients
				  and residents with public health insurance.
(2) Such criteria and procedures shall
				  describe the Licensed or Approved Provider's method of determining, for each
				  prospective patient or resident, whether the Licensed or Approved Provider's
				  services and program are suitable for the prospective patient or
				  resident.
(3) Such eligibility
				  criteria shall not establish a category of automatic exclusion that is defined
				  by a history of criminal conviction or type of primary substance used, mental
				  health diagnosis, or prescribed medication including FDA-approved medications
				  for the treatment of addiction.
(4)
				  The Licensed or Approved Provider shall make the criteria and procedures
				  available to prospective patients or residents upon the patient's or resident's
				  application for admission.
(5)
				  Admission eligibility criteria shall be posted in a conspicuous, public
				  area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.071 - Orientation

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall provide each new or
					 returning patient or resident with an orientation that will familiarize him or
					 her with the patient's and resident's rights, and with rules, procedures,
					 activities, policies, and philosophy of the program, including program
					 requirements for participation, disciplinary action, termination, and grievance
					 procedures. Written orientation materials shall be included in the Patient and
					 Resident Policy Manual, as required by
					 105 CMR
					 164.081. Written documentation of this
					 orientation shall appear in the clinical records.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.072 - Assessment

Current through Register 1525, July 5, 2024
(A) The Licensed or Approved Provider shall
				  complete an assessment for each patient and resident that includes the
				  following elements, as well as elements prescribed for each service type in
				  105 CMR 164.000:
(1) Appropriateness of Licensed or Approved
				  Provider's service type in relation to patient's or resident's treatment
				  needs.
(2) A history of the use of
				  alcohol, tobacco and other drugs, including age of onset, duration, patterns
				  and consequences of use; history of overdose, including witnessing an overdose;
				  use of alcohol, tobacco and other drugs by family members; and types of and
				  responses to previous treatment.
(3) An assessment of the patient's or
				  resident's psychological, social, health, economic, educational/vocational
				  status; co-occurring mental health and/or physical health conditions; trauma
				  history; and history of compulsive behaviors such as gambling. The assessment
				  must be completed before a comprehensive treatment plan is developed for the
				  patient.
(4) An assessment of the
				  patient's or resident's HIV risk status.
(5) An assessment of the patient's or
				  resident's TB risk status.
(6) An
				  assessment of the patient's or resident's cultural and linguistic
				  needs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.073 - Individual Treatment Plan

Current through Register 1525, July 5, 2024
For each patient and resident admitted, the Licensed or
					 Approved Provider shall complete an individual treatment plan based on the
					 patient's or resident's treatment, medical, psychiatric and social histories,
					 which includes the following elements, as well as elements prescribed for each
					 service type in
					 105 CMR 164.000.
(A) The treatment plan, and all subsequent
				  updates, shall include documentation of at a minimum the following information:
(1) A statement of the patient's or
				  resident's strengths, needs, abilities and preferences in relation to his or
				  her substance use disorder treatment, described in behavioral terms;
(2) Evidence of the patient's or resident's
				  involvement in formulation of the treatment plan, in the form of the patient's
				  or resident's signature attesting agreement to the plan;
(3) Service to be provided;
(4) Service goals, described in measurable,
				  behavioral terms, with time lines;
(5) Clearly defined staff, patient, and
				  resident responsibilities and assignments for implementing the plan;
(6) Description of discharge plans and
				  aftercare service needs;
(7)
				  Aftercare goals;
(8) The date the
				  plan was developed and revised;
(9)
				  Signatures of staff involved in the formulation or review of the
				  plan;
(10) Documentation of
				  disability, if any, which requires a modification of policies, practices, or
				  procedures and record of any modifications made; and
(11) Plan for initiating, coordinating,
				  managing, and referring to:
(a) concurrent
				  additional substance use disorder treatment that may require the use of
				  medication, such as medication for addiction treatment when a patient or
				  resident is enrolled in outpatient counseling or residential
				  rehabilitation;
(b) treatment of
				  co-occurring disorders;
(c) primary
				  medical care; and
(d) recovery
				  supports and resources.
(12) Such plan shall identify providers of
				  care and responsibilities of each, specifying method(s) for coordination and
				  communication, and method(s) for ensuring that sharing of information is
				  consistent with the requirements of
				  105 CMR 164.084.
				  With patient consent, treatment plans may be submitted from the discharging
				  provider to the admitting provider during the referral
				  process.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.074 - Minimum Treatment Service Requirements

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall provide directly or
					 through with Qualified Service Organizations, Business Associate Agreement, or
					 other applicable agreement in compliance with 42 CFR part 2 the following
					 services:
(A) Medications for
				  treatment of addiction, including all FDA-approved medications for addiction
				  treatment;
(B) Overdose prevention
				  education as part of evidence-based practices;
(C) Substance use disorder
				  therapies;
(D) Counseling and
				  education as clinically indicated which conform to accepted standards of care,
				  uses evidence-based practices, and monitors progress and outcomes;
(E) HIV education and counseling;
(F) TB screening, education and
				  treatment;
(G) Tobacco education
				  and counseling;
(H) Case management
				  including:
(1) directly connecting patients
				  and residents to appropriate providers based on continuum of care and patient
				  and resident educational, vocational, financial, legal and housing; and
(2) updating the patient or
				  resident's primary care provider on treatment and progress, such as by
				  providing the patient's or resident's record to the primary care provider upon
				  the patient's or resident's documented authorization in accordance with
				  105 CMR
				  164.070(F)(5);
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.075 - Termination and Discharge

Current through Register 1525, July 5, 2024
(A) The Licensed or
				  Approved Provider shall establish written termination and discharge policies
				  and procedures and shall make these available to prospective patients or
				  residents at the time of admission. These shall include:
(1) Written criteria defining:
(a) Successful completion of
				  treatment;
(b) Voluntary
				  termination prior to program completion, except in the case of an individual
				  committed to treatment under M.G.L. c. 123, § 35;
(c) Involuntary termination, including:
1. emergency termination when the program
				  director or Practitioner reasonably determines that the patient's or resident's
				  continued presence in the program presents an immediate and substantial threat
				  of physical harm to other patients or residents, program personnel, or
				  property; and
2. nonemergency
				  termination, including notice to the patient or resident of the reasons for
				  termination and the right to grieve the decision as required by
				  105 CMR 164.080 prior
				  to termination; and
(d)
				  Procedures for determining, in consultation with the patient or resident,
				  referrals needed to ensure a continuum of care, reduction of risk of relapse,
				  and reduction of risks to patient's or resident's well-being, provided the
				  patient or resident is directly connected to such services prior to or within a
				  reasonable time following discharge. Such referrals may include, but are not
				  limited to:
1. certified alcohol and
				  drug-free housing;
2. additional
				  substance use disorder treatment;
3. treatment of co-occurring
				  disorders;
4. continued care
				  coordination and management with the patient's or resident's medical and
				  psychiatric care providers;
5.
				  community based overdose prevention programs;
6. employment resource;
7. community and social supports, including
				  family support services; and
8.
				  providers of medication for addiction treatment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.076 - Aftercare

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall establish written
					 policies and procedures for provision of aftercare for patients or residents
					 who are discharged, which shall include provisions for patient and resident
					 participation in developing the aftercare plan, a method for contacting the
					 patient or resident, and ensuring the patient's or resident's ability to
					 continue any prescribed medications. Aftercare services shall include:
(A) Directly connecting the patient or
				  resident to an appropriate provider to ensure a continuum of care for the
				  patient or resident, including arrangements for further substance use disorder
				  treatment and post-discharge counseling and other supportive
				  services;
(B) Providing information
				  concerning available community-based service agencies and programs, which shall
				  include a description of services, addresses, phone numbers and the names of
				  contact persons;
(C) Referrals, the
				  aftercare plan and information provided to the patient or resident shall be
				  documented in the patient's or resident's record; and
(D) If a patient or resident refuses
				  aftercare services, the Licensed or Approved Provider shall document the
				  refusal in the patient's or 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.077 - Post-discharge Follow-up

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall establish written
					 policies and procedures for follow-up patient and resident contact. Such
					 policies shall describe circumstances under which a patient or resident may be
					 contacted after discharge and shall require that patient's or resident's
					 permission for such contact be documented in the patient's or 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 ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS › Substance Abuse Treatment Program Requirements: All Licensees › Section 164.078 - Behavior Management

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall establish and
					 maintain written policies and procedures for managing disruptive behavior
					 including, but not limited to, aggression, harm or threats of harm to self or
					 others, destruction of property and refusal to comply with program policies.
					 The policies and procedures shall be posted and shall:
(A) Describe the safeguards for the
				  emotional, physical and psychological well-being of the population
				  served;
(B) Describe the measures
				  used to promote appropriate behavior;
(C) Define and explain the behavior
				  management procedures used in the facility including, where applicable:
(1) level/point systems of privileges,
				  including procedures for the patient's or resident's progress in the
				  program;
(2) the type and range of
				  restrictions a staff member can authorize for misbehavior of residents;
				  and
(3) behavioral interventions to
				  be used in response to angry or aggressive patients or residents, including
				  de-escalation techniques.