reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 29.00 - Application for DMH services, referral, service planning and appeals › Section 29.16 - Appeals of Denials of DMH Services and Services Planning

Current through Register 1525, July 5, 2024
(1)
General
			 Provisions
.
(a)
									104
			 CMR 29.16(3)  contains the
			 standards and procedures for appeals of determinations relative to clinical
			 criteria pursuant to
			 104
			 CMR 29.04(3).
(b)
									104
			 CMR 29.16(4)  contains the
			 standards and procedures for appeals of a determination that an individual is
			 not domiciled within Massachusetts pursuant to
			 104
			 CMR 29.04(2), a
			 determination of need pursuant to
			 104
			 CMR 29.04(4), of major
			 individual and community service planning and implementation decisions, and of
			 discharges from DMH services pursuant
			 104
			 CMR 29.14.
(c) To the maximum extent possible,
			 disagreements should be informally resolved prior to utilizing this appeal
			 mechanism.
(d) An appeal may be
			 initiated by any of the following individuals:
1. an individual whose application for DMH
			 services has been denied, or the individual's legally authorized
			 representative;
2. a client or the
			 client's legally authorized representative;
3. a person designated by the individual or
			 client to act as the individual's or client's representative if there is no
			 legally authorized representative.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 30.00 - Fiscal Administration › Section 30.01 - Patient Funds in Facilities

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 104
			 CMR 30.01 shall apply to Department
			 facilities and inpatient units contracted for by the Department. It shall apply
			 to the maintenance and expenditure of patient funds which are located within
			 the facility or which are deposited with the facility director or his or her
			 designee. For purpose of 104 CMR 30.00, any reference to facility shall include
			 a Department contracted inpatient unit.
(2)
Definitions
. In
			 addition to the terms defined in
			 104
			 CMR 25.02:
Definitions
, the
			 following terms shall have the meanings throughout
			 104
			 CMR 30.01, unless the content clearly
			 provides otherwise.
Dependent Funds
. Those funds belonging
				to a patient that are located at a facility or received by a facility
				if:
(a) the patient is unable to manage
			 these funds himself or herself as determined by an evaluation in accordance
			 with 104 CMR
			 30.01(4);
(b) the patient is unable to manage these
			 funds as determined by a court of competent jurisdiction;
(c) the patient is unable to manage these
			 funds as determined by the Social Security Administration or Veterans
			 Administration in accordance with their requirements;
(d) the funds were received from a legally
			 authorized representative of the patient for the patient; or
(e) the funds belong to a patient who is a
			 minor.
Financial Manager
. The individual
				appointed by the person in charge of a facility to manage patient funds held by
				the facility.
Funds
. Cash, checks, negotiable
				instruments, or other income or liquid assets.
Independent Funds
. All of a patient's
				funds which are located at the facility and which are not dependent
				funds.
Liquid Assets
. Cash and all property
				capable of ready conversion into cash, such as stocks and bonds, whether held
				jointly or solely. Liquid assets do not include life insurance or its cash
				value, nor assets subject to an irrevocable trust with the patient or client as
				named beneficiary, unless those assets are available to the patient or client
				or fee payer on demand.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 30.00 - Fiscal Administration › Section 30.02 - Client Funds in Community Programs

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 104
			 CMR 30.02 shall apply to community programs
			 which are operated, or contracted for, by the Department.
(2) No Department operated or contracted
			 community program shall restrict the right of a client to acquire, retain and
			 dispose of personally-owned funds, including the right to maintain an
			 individual bank account, unless the client is a minor, or has a legally
			 authorized representative with authority over such funds.
(3) A Department operated, or contracted
			 community program may hold funds of a client served by the program only if one
			 of the following circumstances applies:
(a)
			 The program, the vendor operating the program, or an employee of the program,
			 has been designated by the Social Security Administration, the Veterans
			 Administration, or another state or federal government entity, as the
			 representative payee of the client.
(b) The program provides the client with
			 housing, or supported residential services that are designed to assist the
			 client in maintaining his or her residence, and the client or his or her
			 legally authorized representative authorizes the program in writing to hold
			 funds on behalf of the client. The client or legally authorized representative,
			 if any, retains the unrestricted right to manage and spend the funds deposited
			 with the program, unless responsibility to manage and expend the deposited
			 funds is delegated to the program in writing. The funds for which management
			 responsibilities have been delegated to the program shall be referred to in
			 104
			 CMR 30.02(3)  as delegated
			 funds.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 30.00 - Fiscal Administration › Section 30.05 - Canteen Operations

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 104
			 CMR 30.05 shall apply to facilities operated
			 by the Department.
(2)
General Provisions
.
(a) A facility may conduct various activities
			 and operations which are incidental to the mission of the facility and in which
			 charges are made to patients, employees, or others for the goods or services
			 sold. Activities and operations including vending machine operations,
			 restaurant or snack bar operations, gift shops, concession stands, programs
			 charging admission, and the like shall be known as Canteen Operations. The
			 management of Canteen Operations shall be the responsibility of an employee or
			 employees selected by the facility director. Such employee or employees may be
			 assisted by patients and volunteers.
(b) The income from the Canteen Operations
			 shall support the Canteen Operations. Income in excess of the cost of the
			 Canteen Operations shall be called the Canteen Fund. The Canteen Fund shall be
			 held by a person designated to hold such funds by the facility director.
			 Canteen Funds shall be expended for the benefit of patients of the
			 facility.
(c) The facility shall
			 appoint a Canteen Committee. The facility director or his or her designee shall
			 be the chairperson of this committee which will consist of members chosen as
			 representatives of the following groups: facility staff, patients, and
			 individuals concerned with the care and treatment of patients. At least two
			 members of the Committee shall not be employees of the Department. The Canteen
			 Committee will determine the expenditure of the Canteen Fund and provide advice
			 on Canteen Operations.
(d) The
			 facility must have written policies and procedures concerning internal controls
			 and accounting procedures for the management of the Canteen Operations, the
			 Canteen Fund, and, if applicable, the inventory of goods kept in the
			 Canteen.
(e) The person designated
			 to hold the canteen funds must file an annual report with the Deputy
			 Commissioner of Administration and Finance and the Canteen Committee, regarding
			 the Canteen Fund. The report shall include all deposits, withdrawals and the
			 beginning and ending balances. Each annual report shall be in the form and
			 manner prescribed by the Deputy Commissioner of Administration and
			 Finance.
(f) Pursuant to M.G.L. c.
			 123, § 23, every patient shall have the right to keep and be allowed to
			 spend a reasonable sum of his or her own money for canteen expenses and small
			 purchases.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 30.00 - Fiscal Administration › Section 30.06 - Charges for Residential Services and Supports in the Community

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Scope
.
(a)
Charges
			 for Residential Services and Supports in the Community.
104
			 CMR 30.06 sets forth the rules governing
			 assessment and collection of charges for residential services and supports
			 provided in the community by a Department operated or contracted for the
			 program. The requirements set forth in
			 104
			 CMR 30.06 do not apply to residential
			 services and supports provided:
1. by a DMH
			 operated or contracted facility;
2.
			 as part of a shelter, respite, or crisis stabilization program as defined by
			 the Department procurement activity codes;
3. as part of a procured residential
			 placement for a specific individual;
4. as part of another service for which a fee
			 payer is charged pursuant to
			 104
			 CMR 30.04 if the charge includes community
			 residential services and supports; or
5. to clients who are minors.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 30.00 - Fiscal Administration › Section 30.07 - Disposition of Personal Property Abandoned at Facilities or Programs

Current through Register 1525, July 5, 2024
(1)
Purpose
. To
			 establish standard procedures for handling, controlling and disposing of
			 personal property abandoned by patients at the Department operated or
			 contracted for facilities or by clients at residential sites that are operated
			 by the Department or by a program contracted for by the Department.
(2)
Scope
.
			 104
			 CMR 30.07 applies to the Department operated
			 and contracted for facilities and Department operated and contracted for
			 programs that operate residential sites as defined in
			 104
			 CMR 28.13:
Licensing: Physical
			 Standards
.
(3)
Definitions
. As used in
			 104
			 CMR 30.07, the terms listed in
			 104
			 CMR 30.07(3)  have the
			 following definitions.
(a)
Abandoned Property
.
1. personal property that belongs to a
			 patient and which is left behind by the patient after the patient is discharged
			 from the facility; or
2. personal
			 property that belongs to a client and which is left behind by the client at a
			 program's residential site after the client leaves the residential
			 site.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 31.00 - Research Authorization And Monitoring › Section 31.01 - Scope

Current through Register 1525, July 5, 2024
Scope
.
				104 CMR 31.00 establishes the
				approval process and the standards for human subject research when:
(a) a Department employee, in his or her role
			 as an employee, participates as a research investigator or subject;
(b) the recruitment of any subjects for the
			 research is conducted at a facility or program operated or contracted by the
			 Department, or individuals are recruited as subjects for the research because
			 they receive services from the Department;
(c) the research is conducted at a facility
			 or program operated or contracted for by the Department;
(d) the research involves disclosure by the
			 Department of private information or protected health information; or
(e) the terms of another regulation or an
			 agreement or contract with the Department specifically make
			 104 CMR 31.00 apply.
No research within the scope of
				104 CMR 31.00 may be
				conducted without the prior approval of the Department's Institutional Review
				Board.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 31.00 - Research Authorization And Monitoring › Section 31.03 - Research Review, Approval, Implementation, Termination, Suspension or Modification

Current through Register 1525, July 5, 2024
(1)
Promote the Mission of the Department
. Research within
			 the scope of
			 104 CMR 31.00 may only be
			 conducted if the Commissioner, or designee, determines that the research will
			 promote the mission of the Department as defined in M.G.L. c. 19, §
			 1.
(2)
Mandatory Review
			 by the IRB
. All research involving human subjects must be reviewed
			 and approved by the IRB prior to implementation. As determined by the IRB, for
			 research to be approved it must meet the requirements and standards set forth
			 in
			 104 CMR
			 31.05.
(3)
Research
			 Implementation
. Department Area Directors, Facility Directors, or
			 Directors of Programs operated by or contracted for by the Department must
			 accept the approval or disapproval of research by the IRB. However, the
			 applicable Area Director(s), Facility Director(s), and Directors of Programs
			 may place restrictions on implementing research at a particular site. The
			 restrictions that are placed must be reasonable and minimized as determined by
			 the IRB.
(4)
Power to
			 Terminate, Suspend or Modify
. The Commissioner or the IRB may as
			 to any research, including research formerly approved by the IRB, take the
			 following actions for good cause:
(a)
			 terminate the research;
(b)
			 restrict the implementation of the research at a particular Department
			 site;
(c) impose additional
			 conditions;
(d) require additional
			 IRB review;
(e) delay the
			 implementation of the research until the completion of the additional review;
			 or
(f) temporarily suspend the
			 research, pending other action.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 31.00 - Research Authorization And Monitoring › Section 31.04 - Institutional Review Board (IRB)

Current through Register 1525, July 5, 2024
(1)
IRB
. The IRB shall be guided by the ethical principles
			 regarding human subject research set forth in the report of the National
			 Commission for the Protection of Human Subjects of Biomedical and Behavioral
			 Research entitled: Ethical Principles and Guidelines for the Protection of
			 Human Subjects of Research (The "Belmont Report").
(2)
IRB Operations and Review
			 Process
. The IRB shall operate in compliance with and review
			 research in accordance with the requirements and standards set forth in 104 CMR
			 31.04(2)(a) through (g):
(a) 45 CFR Part 46
			 and 21 CFR Parts 50 and 56;
(b)
			 M.G.L. c. 94C;
(c) applicable state
			 laws relating to the use and disclosure of personal data;
(d)
									104 CMR
			 31.05;
(e) Health Insurance Portability and
			 Accountability Act of 1996 (HIPAA,
			 Pub.L.
			 104-191, 110 Stat. 1936, enacted August 21, 1996);
			 and
			 104 CMR
			 27.17:
Records and Records Privacy
and 28.09:
Records and Record Privacy
;
(f) if the research is supported by a federal
			 department or agency, the additional human subject regulations and policies, if
			 any, imposed by the supporting department or agency; and
(g) applicable procedures and guidelines
			 developed by the IRB.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 31.00 - Research Authorization And Monitoring › Section 31.05 - Research Standards, Monitoring and Audit

Current through Register 1525, July 5, 2024
Research at all times must meet the standards and requirements
				set forth in
				104 CMR
				31.04(2)(a) through (g). In
				addition, for research to be approved by the IRB it must meet the following
				standards:
(1)
Informed
			 Consent Process
. The participation of each subject in a research
			 project requires the written informed consent of the subject or the subject's
			 legally authorized representative unless specifically waived by the IRB in
			 accordance with the standards set forth in
			 104 CMR
			 31.04.
(a)
			 The informed consent process must begin with a description of the research and
			 include an evaluation of the subject's comprehension. The process must also
			 include an on-going assessment of each subject's continued consent to
			 participate in the research.
(b) If
			 research will involve clients of the Department as subjects, the informed
			 consent process must provide the following information:
1. a statement to the effect that the
			 provision of Department services to the client is not dependent on his or her
			 participation in the research; and
2. where applicable, a description of any
			 controlled substance as defined in the Massachusetts Department of Public
			 Health regulations implementing M.G.L. c. 94, and any other substances to be
			 used, and their anticipated effects, side effects and interactions.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 31.00 - Research Authorization And Monitoring › Section 31.06 - Complaints and Sanctions

Current through Register 1525, July 5, 2024
(1)
Complaints Regarding Human Subject Research
. Any
			 person may file a complaint about a human subject research project with the
			 chairperson of the IRB. Such complaints shall be resolved in accordance with
			 the standards set forth in 104 CMR 31.06.
(2)
Initial Review
.
			 The chairperson, or designee, shall conduct a preliminary investigation. If the
			 chairperson determines the complaint has merit it shall be referred to the IRB
			 for further review. The chairperson has the right to immediately suspend a
			 study that poses an immediate risk to participants. The complaint shall be
			 investigated by the chairperson or referred to the Department's Office of
			 Investigations. If the chairperson determines that the complaint falls within
			 the scope of
			 104 CMR
			 32.04(2)(d), it shall be
			 referred to the Office of Investigations and resolved in accordance with
			 104 CMR 32.00:
Investigation and Reporting Responsibilities
. However, in
			 making the referral, the IRB retains its authority under
			 104
			 CMR 31.03(4)  to make
			 decisions with respect to research that may relate to the complaint.
(3)
IRB
			 Investigation
. The IRB, as part of its investigation of a
			 complaint, shall provide the complainant and the principal investigator the
			 opportunity to present relevant information to the IRB. Within 30 days of
			 receiving the complaint, or as soon thereafter as practical, the IRB shall take
			 such action as it determines appropriate, including, but not limited to:
(a) termination of the research;
(b) imposition of additional conditions on
			 the research;
(c) temporary
			 suspension of the research pending further investigation or other action;
			 or
(d) dismissal of the
			 complaint.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a)
									104 CMR 32.00 applies to the
			 Department and to all programs, and facilities licensed or contracted for by
			 the Department.
(b) Any decision
			 made pursuant to
			 104 CMR 32.00 shall be
			 consistent with collective bargaining agreements, civil service law and other
			 provisions of labor law then in effect.
(c)
									104 CMR 32.00 does not
			 provide for an adjudicatory hearing within the meaning of M.G.L. c. 30A, §
			 1(1).
			 104 CMR 32.00 is not intended
			 to provide an administrative remedy under the doctrine of exhaustion of
			 administrative remedies or otherwise.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.03 - Notice of Complaint Process and Availability of Complaint Forms

Current through Register 1525, July 5, 2024
(1) The Person in Charge shall ensure that
			 notice of the complaint process is conspicuously posted at the program,
			 facility or Department office for which he or she is responsible. If a program
			 or facility or Department office has more than one location, the posting must
			 be done at all locations. In addition, each program and facility shall provide
			 written notice of the complaint process to a client and legally authorized
			 representative, if any, upon the client's commencement of the program or
			 admission to the facility.
(2) The
			 Person in Charge shall ensure that copies of complaint and appeal forms and of
			 104 CMR 32.00 are available
			 at conspicuous locations and are provided to individuals upon
			 request.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.04 - Complaint Process

Current through Register 1525, July 5, 2024
(1)
Filing a Complaint
. Any person may make a complaint to
			 the Person in Charge regarding an incident or condition involving a client
			 which he or she believes to be dangerous, illegal, or inhumane.
(a) An employee who is notified or who
			 becomes aware that a client wants to file a complaint shall provide the client
			 with a complaint form and offer the client assistance in completing and filing
			 the complaint, and shall provide such assistance if requested.
(b) An employee who becomes aware of any
			 condition or incident which he or she has reason to believe is dangerous,
			 illegal or inhumane shall immediately complete and file a complaint with the
			 Person in Charge or verbally notify the Person in Charge or designee, who shall
			 be responsible for filing the complaint.
(c) The Human Rights Officer shall assist
			 clients, as necessary, or upon request in filing complaints.
(d) The Human Rights Officer shall use best
			 efforts to refer a client who lacks, or who appears to lack capacity, or upon
			 request, to an attorney or advocate, if necessary or appropriate, to ensure
			 that the client's interests are protected.
(e) The Human Rights Committee may file a
			 complaint on behalf of a client or group of clients and may intervene as a
			 party to a complaint by submitting a notice of intervention to the Person in
			 Charge.
(f)
No
			 Retaliation
. There shall be no retaliation against any individual
			 who files a complaint or otherwise participates in fact finding or
			 investigation activities in good faith pursuant to
			 104 CMR 32.00.
(g) Any employee who receives a complaint
			 shall immediately forward such complaint to the Person in Charge, who, if
			 necessary, shall document it on a complaint form.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.05 - Commissioner's Investigation

Current through Register 1525, July 5, 2024
The Commissioner may, in his or her discretion, order the
				Office of Investigations to conduct an investigation into any matter that does
				not fall within the scope of a complaint, but which, nonetheless, has
				significant implications for persons who receive or provide mental health
				services in the Commonwealth.
(1) Upon
			 receipt of an order for a Commissioner's investigation, the investigation shall
			 be assigned a public log number and conducted by the Office of Investigations
			 in accordance with the Commissioner's instructions.
(2) Upon receipt of the investigation report,
			 the Commissioner shall issue a decision and may order such corrective action
			 that he or she deems necessary.
(3)
			 Any person or entity subject to a finding or order resulting from a
			 Commissioner's Investigation may request reconsideration of such finding or
			 order.
(a) The request for reconsideration
			 must be in writing and filed within ten days of receipt of the
			 decision.
(b) The request must
			 assert, with specificity, the failure to interview an essential witness or the
			 failure to consider an important fact or factor or misinterpretation of
			 applicable law or policy.
(c) The
			 Commissioner's decision, after reconsideration, if any, shall be
			 final.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.06 - Requirements for All Fact-finding Activities

Current through Register 1525, July 5, 2024
(1)
			 At a minimum, any fact-finding activity relative to a complaint must include
			 the following:
(a) interviews with the
			 complainant, the client, if the client is not the complainant, and each
			 individual complained of. All reasonable efforts must be made to interview each
			 of these parties;
(b) interviews
			 with witnesses and other individuals, including family members, who may have
			 information related to the complaint and necessary for determination of
			 essential facts. A good faith effort to interview each witness and other
			 individuals who may have such information will satisfy this
			 requirement;
(c) review of all
			 incident reports and other records related to the complaint including, but not
			 limited to, the client's medical record, if applicable. Records which are part
			 of a peer review process under M.G.L. c. 111, § 204 are exempt from this
			 review.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.07 - Department Case File and Public Log

Current through Register 1525, July 5, 2024
(1)
Department Case File
.
(a) A file, known as the Department case
			 file, shall be kept for each complaint and appeal received by the Department or
			 its contracted for programs or facilities and for each Commissioner's
			 Investigation conducted pursuant to
			 104 CMR
			 32.06. The Department case file shall consist
			 of the complaint, any fact-finding report, the decision letter, requests for
			 reconsideration, appeals, and decisions on requests for reconsideration and
			 appeals.
(b) Release of any portion
			 of the Department case file shall be subject to redaction of protected
			 information consistent with the requirements of federal and state privacy laws,
			 including but not limited to, the provisions of the federal Health Information
			 Portability and Accountability Act (HIPAA), Fair Information Practices Act
			 (FIPA), M.G.L. c. 66A, M.G.L. c. 123, § 36, and applicable exemptions
			 under M.G.L. c. 4, § 7(26).
(c) Subject to redaction of protected
			 information to which a person does not have a right of access, upon written
			 request:
1. Any person who is mentioned in the
			 Department case file will have access to a copy of that portion of the case
			 file in which he or she is mentioned.
2. Any party, as defined in
			 104 CMR 32.02, may
			 receive a copy of the Department case file.
3. If a complaint involves a client of the
			 Department, the client's attorney may receive a copy of the Department case
			 file, which pursuant to M.G.L. c. 123, § 36 may contain such client's
			 protected information.
4. If a
			 complaint involves an individual that is not otherwise a client of the
			 Department, such client's attorney may receive a copy of the Department case
			 file, which if such client's authorization is provided may contain such
			 client's protected information.
(d) Subject to the redaction of all protected
			 information set forth in 104 CMR 32.07(1)(b), a complainant who is not
			 otherwise a party, shall receive a summary of the decision.
(e) The Department case file for
			 investigations conducted pursuant to
			 104 CMR 32.04(5)
			  shall be maintained by the Office of
			 Investigations.
(f) The Department
			 case file for administrative reviews conducted pursuant to
			 104 CMR 32.04(3)
			  and for fact-finding activities conducted
			 pursuant to
			 104 CMR 32.04(4)
			  shall be maintained by the Responsible
			 Person.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.08 - Monitoring Responsibilities

Current through Register 1525, July 5, 2024
(1) Each Area
			 Office will monitor area based Department operated and contracted for programs,
			 services, facilities and offices in its area to ensure compliance with
			 104 CMR 32.00.
(2) The Division of Child, Youth and Family
			 Services will monitor IRTPs and CIRTs to ensure compliance with
			 104 CMR 32.00.
(3) As part of its licensing activity, the
			 Department's Licensing Office will monitor licensed programs or facilities not
			 under contract with the Department to ensure compliance with
			 104 CMR 32.00.
(4) The Director of the Office of
			 Investigations will keep statistical data relative to complaints and
			 investigations and will prepare reports on a regular basis for the
			 Commissioner.
(5) The Deputy
			 Commissioner for Mental Health Services will review on a regular basis each
			 area's activities under
			 104 CMR 32.00.
(6) The Deputy Commissioner for Child, Youth
			 and Family Services will review on a regular basis each area's activities under
			 104 CMR 32.00 that involve
			 Child, Youth and Family Services.
(7) Senior Managers will review on a regular
			 basis their respective office's activities under
			 104 CMR 32.00
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.09 - Additional Reporting Requirements

Current through Register 1525, July 5, 2024
In addition to the reporting requirements contained in
				104 CMR 32.00, any person who
				is mandated to make a report must also fulfill the statutory reporting
				responsibilities under the following statutes, as applicable:
(1) M.G.L. c. 19, § 10:
Reports
			 of Felonies Committed by or Upon Persons Under Care of the
			 Department.
(2) M.G.L. c.
			 19A, § 15:
Abuse of Elderly Persons
.
(3) M.G.L. c. 19C:
The Disabled
			 Persons Protection Commission
.
(4) M.G.L. c. 38, § 3:
Persons
			 Having Knowledge of a Death to Notify Medical Examiner
.
(5) M.G.L. c. 119, § 51A:
Persons Required to Report Cases of Injured, Abuse or Neglected
			 Children
.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 32.00 - Investigation And Reporting Responsibilities › Section 32.10 - Transitional Provision

Current through Register 1525, July 5, 2024
Complaints submitted to the Department prior to November 26,
				2021, shall be subject to the provisions of
				104 CMR 32.00 as they were in
				effect on the date of submission of the complaint.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 33.00 - Designation And Appointment Of Qualified Mental Health Professionals › Section 33.01 - Authorization to Apply for Hospitalization Pursuant to M.G.L. c.123, Section 12(a)

Current through Register 1525, July 5, 2024
(1) The following
			 persons may perform an examination and apply for hospitalization pursuant to
			 M.G.L. c. 123, § 12(a):
(a)
Physician
. Any physician who is licensed pursuant to
			 M.G.L. c. 112.
(b)
Qualified Psychologist
. A psychologist who is licensed
			 pursuant to M.G.L. c. 112, §§ 118 through 129A.
(c)
Qualified Advanced Practice
			 Registered Nurse (APRN)
. A registered nurse licensed under M.G.L.
			 c. 112, § 80B and authorized by the Board of Registration in Nursing to
			 practice as an Advanced Practice Registered Nurse.
(d)
Licensed Independent Clinical
			 Social Worker (LICSW)
. A social worker who is licensed pursuant to
			 M.G.L. c. 112, §§ 130 through 137.
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 33.00 - Designation And Appointment Of Qualified Mental Health Professionals › Section 33.02 - Designation of Physicians and Qualified Advanced Practice Registered Nurses Pursuant to M.G.L. c. 123, Section 12(b)

Current through Register 1525, July 5, 2024
(1)
Designated Physicians and Designated Qualified Advanced Practice
			 Registered Nurses (APRN)
. A Designated Physician is a physician
			 who satisfies the requirements established by 104 CMR 33.02(1)(b) for purposes
			 of authorizing admissions pursuant to M.G.L. c. 123, § 12(b). A Designated
			 Qualified APRN is an advanced practice registered nurse who satisfies the
			 requirements established by 104 CMR 33.02(1)(c) for purposes of authorizing
			 admissions pursuant to M.G.L. c. 123, § 12(b).
(a) A public or private facility which admits
			 patients under M.G.L. c. 123, § 12 may designate physicians or Qualified
			 APRNs on its medical staff as Designated Physicians or Designated Qualified
			 APRNs to authorize admissions to such facility for up to three days under
			 M.G.L. c. 123, § 12(b).
(b) To
			 be eligible for designation under 104 CMR 33.02, a physician shall demonstrate
			 an understanding of the legal and clinical requirements for hospitalization
			 under M.G.L. c. 123, § 12(b); and
1.
			 shall be certified or eligible to be certified by the American Board of
			 Psychiatry and Neurology, or shall have had six months accredited residency
			 training in psychiatry, or shall be enrolled in and working at an accredited
			 psychiatry residency training site;
2. shall be privileged to admit to the
			 facility; and
3. shall be licensed
			 to practice medicine under M.G.L. c. 112.
(c) To be eligible for designation under 104
			 CMR 33.02, a Qualified APRN shall demonstrate an understanding of the legal and
			 clinical requirements for hospitalization under M.G.L. c. 123, § 12(b);
			 and
1. shall be licensed under M.G.L. c. 112,
			 § 80B and authorized by the Board of Registration in Nursing to practice
			 as a Psychiatric APRN, including authorization to practice as a Psychiatric
			 Mental Health Clinical Nurse Specialist; and
2. shall be privileged to admit to the
			 facility.
(d)
			 Designations shall be made and renewed at such periods of time as may be
			 established by the facility for such medical staff designations.
(e) Authorization for admission pursuant to
			 M.G.L. c. 123, § 12(b) shall be made upon such form as is prescribed by
			 the Commissioner.
(f) Where
			 extenuating circumstances exist, the Commissioner may, after consultation with
			 the Deputy Commissioner for Clinical and Professional Services, from time to
			 time waive the qualification requirements set forth in 104 CMR 33.02(1)(b)1.
			 and (c)1. Requests for waiver shall detail the circumstances justifying such
			 waiver. If the Department grants a waiver, it shall attach such conditions
			 regarding training, experience, supervision, and consultation that it deems
			 necessary to safeguard the admission process pursuant to M.G.L. c. 123, §
			 12(b).
Code of Massachusetts Regulations › 104 CMR - DEPARTMENT OF MENTAL HEALTH › Title 104 CMR 33.00 - Designation And Appointment Of Qualified Mental Health Professionals › Section 33.04 - Designation of Clinicians for the Examination of Persons Alleged to have an Alcohol or Substance Use Disorder

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Qualified Social Worker
: A Social
				Worker, who is designated pursuant to
				104
				CMR 33.05 to examine persons alleged to be in
				need of commitment to a facility pursuant to M.G.L. c. 123, § 35 as a
				result of an alcohol or substance use disorder and to prepare reports of such
				examinations.
Social Worker
: A licensed independent
				clinical social worker, who is licensed under the provisions of M.G.L. c. 112,
				§§ 130 through 137.
(2) A clinician must be designated in
			 accordance with 104 CMR 33.04 to be qualified to examine persons alleged to be
			 in need of commitment, pursuant to M.G.L. c. 123, § 35.
(a)
Deemed
			 Designation
. A Designated Forensic Professional or Certified
			 Juvenile Court Clinician II shall be deemed designated to conduct such
			 examinations.
(b)
Designation by Assistant Commissioner
.
1. A Social Worker who meets the requirements
			 of 104 CMR 33.04(3) may be designated by the Assistant Commissioner as a
			 Qualified Social Worker.
2. A
			 Designated Forensic Professional Candidate or Certified Juvenile Court
			 Clinician II Candidate who meets the requirements of
			 104
			 CMR 36.05(3)(b) though (e)
			 may, at the discretion of the Assistant Commissioner, be designated by the
			 Assistant Commissioner to conduct such examinations prior to full designation
			 as a Designated Forensic Professional or a Certified Juvenile Court Clinician
			 II.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.001 - General Provisions

Current through Register 1525, July 5, 2024
The purpose and objective of 105 CMR 100.000 is to encourage
				competition and the development of innovative health delivery methods and
				population health strategies within the health care delivery system to ensure
				that resources will be made reasonably and equitably available to every person
				within the Commonwealth at the lowest reasonable aggregate cost advancing the
				Commonwealth's goals for cost containment, improved public health outcomes, and
				delivery system transformation.
Any action taken by a Provider Organization, Health Care
				Facility, or other Entity in an effort to circumvent the purpose and objective
				of 105 CMR 100.000 is a violation of 105 CMR 100.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.105 - Computation of Time

Current through Register 1525, July 5, 2024
Time as specified within 105 CMR 100.000, or as otherwise used
				within the Determination of Need Process, shall include every calendar day,
				whether the Department is open for business on that day or not, except that,
				when the last day of a specified period of time falls on a day when the
				Department is closed for business, such period shall end, instead, on the next
				day on which the Department is open for business.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.210 - Determination of Need Factors

Current through Register 1525, July 5, 2024
(A) The Department
			 shall determine that need exists for a Proposed Project, on the basis of
			 material in the record, where the Applicant makes a clear and convincing
			 demonstration that the Proposed Project meets each Determination of Need Factor
			 set forth within
			 105 CMR
			 100.210, unless otherwise expressly specified
			 within 105 CMR 100.000.
(1)
Applicant Patient Panel Need, Public Health Value, and Operational
			 Objectives
.
(a) The Applicant has
			 demonstrated sufficient need for the Proposed Project by the Applicant's
			 Patient Panel;
(b) The Applicant
			 has demonstrated that the Proposed Project will add measurable public health
			 value in terms of improved health outcomes and quality of life of the
			 Applicant's Patient Panel, while providing reasonable assurances of health
			 equity;
(c) The Department has
			 determined that the Applicant has provided sufficient evidence that the
			 Proposed Project will operate efficiently and effectively by furthering and
			 improving continuity and coordination of care for the Applicant's Patient
			 Panel, including, sufficient evidence that the Proposed Project will create or
			 ensure appropriate linkages to patients' primary care services;
(d) The Applicant has provided evidence of
			 consultation, both prior to and after the Filing Date, with all Government
			 Agencies with relevant licensure, certification, or other regulatory oversight
			 of the Applicant or the Proposed Project;
(e) The Applicant has provided evidence of
			 sound community engagement and consultation throughout the development of the
			 Proposed Project, including documentation of the Applicant's efforts to ensure
			 engagement of community coalitions statistically representative of the
			 Applicant's Patient Panel. Representation should consider age, gender and
			 sexual identity, race, ethnicity, disability status, as well as socioeconomic
			 and health status; and
(f) The
			 Applicant has demonstrated that the Proposed Project will compete on the basis
			 of price, total medical expenses, provider costs, and other recognized measures
			 of health care spending.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.360 - Other Conditions

Current through Register 1525, July 5, 2024
(A) In addition to
			 all applicable Standard Conditions attached to a Notice of Determination of
			 Need, the Department may prescribe any Other Conditions that are reasonably
			 related to the scope of the project and that are consistent with the objectives
			 of 105 CMR 100.000.
(B) A Notice of
			 Determination of Need issued to a Holder resulting from an Application that
			 includes DoN Required Service or DoN Required Equipment pursuant to
			 105
			 CMR 100.715(B)(1)  shall be
			 subject to the following Other Conditions:
(1) In no event shall the Holder refer or
			 influence any referral of patients to DoN-required Services or DoN-required
			 Equipment, unless the Holder is a Registered Individual Practitioner as defined
			 in
			 105 CMR 700.001:
Definitions
providing said services or utilizing said
			 equipment. Public advertisement shall not be deemed a referral or influence of
			 referrals.
(2) Any Person with an
			 ownership interest in DoN-required Services or DoN-required Equipment, whether
			 direct or indirect, shall disclose said interest to any patients utilizing said
			 services or equipment in a conspicuous manner.
(3) The Holder shall submit annually to the
			 Department information and data in connection with utilization and volume rates
			 of DoN-required Services or DoN-required Equipment in a form and manner as
			 specified by the Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.415 - Public Solicitation Requirements

Current through Register 1525, July 5, 2024
(A)
			 No Person may make Solicitation of Funding from the general public specifically
			 for a Proposed Project subject to 105 CMR 100.000 without first obtaining a
			 Notice of Determination of Need.
(B) An Applicant may solicit pledges for
			 funding from the general public specifically for a Proposed Project subject to
			 105 CMR 100.000. However, Applicants shall properly notify all Persons of the
			 requirement that the Proposed Project must receive Notice of Determination of
			 Need prior to commencing Construction. In cases where an Application of
			 Determination of Need is withdrawn pursuant to
			 105 CMR
			 100.430, or dismissed or disapproved pursuant
			 to
			 105 CMR
			 100.615, the Applicant is responsible for
			 ensuring all pledged funds are appropriately voided for the purposes of the
			 withdrawn, dismissed, or disapproved project and that such persons are notified
			 of such action(s).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.425 - Amendment of a Pending Application for Determination of Need

Current through Register 1525, July 5, 2024
Unless otherwise deemed allowable by the Commissioner, no
				amendment shall be accepted that, in the opinion of the Commissioner,
				substantially alters the Proposed Project in nature, scope, costs, or
				financing, or in any way substantially alters or affects the Department's
				evaluation of the Proposed Project.
				105
				CMR 100.425 does not preclude the Department
				from requesting additional information, or making reasonable accommodations for
				any necessary technical corrections by the Applicant, or other changes based on
				updated information related to the Proposed Project. Any proposed amendments
				which are deemed impermissible by the Commissioner, and which result in the
				Applicant's inability to proceed with its filing, shall automatically result in
				a dismissal and the need for the Applicant to file a new
				Application.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.430 - Withdrawal of Application for Determination of Need

Current through Register 1525, July 5, 2024
(A) An Applicant may withdraw its Application
			 at any time by sending written notification thereof to the Department. Whenever
			 an Application is withdrawn, all Parties of Record shall be notified by the
			 Applicant.
(B) The Commissioner, in
			 his or her discretion, may consider an Application to be withdrawn if an
			 Applicant has failed to provide requested information, or otherwise has failed
			 to prosecute the Application within a reasonable time period.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.435 - Opportunity for Comment by Parties of Record

Current through Register 1525, July 5, 2024
(A)
			 With respect to each Application, the Department shall afford all Parties of
			 Record reasonable opportunity to comment. Before taking preliminary or Final
			 Action on such Application, the Department shall consider any written comments
			 or specific recommendations submitted by a Party of Record, if filed in a
			 timely and proper manner pursuant to 105 CMR 100.000. Comments by Parties of
			 Record shall be submitted to the Department not more than 30 days following an
			 Application Filing Date. This period for comment shall be extended for an
			 additional ten days after any public hearing held pursuant to
			 105 CMR 100.445.
			 The Commissioner may, in his or her discretion, extend this period for
			 comment.
(B) In addition to the
			 opportunity for comment set forth in
			 105 CMR
			 100.435, Parties of Record may seek to affect
			 the Department's action on an Application in any of the following ways:
(1) By requesting a public hearing;
(2) By filing written reaction to the Staff
			 report; or
(3) By making an oral
			 presentation to the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.440 - Opportunity for Comment by the General Public

Current through Register 1525, July 5, 2024
(A)
			 Persons, other than Parties of Record, may provide written or oral comment or
			 testimony to the Department at a properly posted public hearing, if one is so
			 ordered pursuant to
			 105 CMR 100.445,
			 or by sending written comment to the Department within 30 days following the
			 Application's Filing Date. This period for comment shall be extended for an
			 additional ten days following any public hearing held pursuant to
			 105 CMR 100.445.
			 The Commissioner may, in his or her discretion, extend this period for
			 comment.
(B) The Commissioner may
			 reasonably waive the requirements of
			 105 CMR
			 100.440(A)  in cases of an
			 emergency Application made pursuant to
			 105 CMR
			 100.740.