Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.015 - Suitability and Responsibility of Applicant or Licensee

Current through Register 1525, July 5, 2024
(A) Each of the following, in and of itself
			 and as determined by the Department, constitutes full and adequate ground for
			 deeming an applicant or licensee neither suitable nor responsible to establish
			 or maintain a Program:
(1) The applicant or
			 licensee failed to demonstrate legal capacity as demonstrated by such documents
			 as articles of incorporation, to provide the services for which a license is
			 sought.
(2) The applicant or
			 licensee has acted in a manner resulting in jeopardy to the health, safety, or
			 welfare of any individual.
(3) The
			 applicant or licensee has prevented or attempted to impede the work of any duly
			 authorized representative of the Department or the lawful enforcement of any
			 provision of M.G.L. c. 111, M.G.L. c. 112, or regulations promulgated
			 thereunder.
(4) The applicant or
			 licensee plans to assume or has assumed ownership of a Program in an effort to
			 circumvent the effect and purpose of
			 105 CMR 158.000.
(5) The financial management of one or more
			 Programs for which an applicant or licensee was licensed has resulted in the
			 filing of a petition for bankruptcy or receivership related to the financial
			 solvency of the Program.
(6) The
			 financial management of one or more Programs, in Massachusetts or another
			 jurisdiction, for which an applicant or licensee was licensed has resulted in a
			 lack of sufficient financial resources, as determined by the Department, to
			 provide services required by state and federal laws and regulations.
(7) A Program owned or operated by the
			 applicant or licensee has been the subject of proceedings which resulted in the
			 suspension, denial, or revocation of the license of that Program or has been
			 the subject of proceedings which resulted in the termination of the Program's
			 participation in MassHealth.
(8)
			 The applicant or licensee has failed to maintain a substantially consistent and
			 adequate level of care, as measured by compliance with applicable licensing
			 regulations in Massachusetts or elsewhere, with applicable federal and state
			 regulations under the Medicaid or Medicare programs, and other pertinent
			 evidence, in any institution for which the applicant or licensee has been a
			 licensee in Massachusetts or elsewhere.
(a)
			 The serious violation of applicable regulations shall constitute the failure to
			 maintain a substantially consistent and adequate level of care.
(b) For purposes of 105 CMR 158.015(A)(8)(a),
			 the following factors will be considered in determining whether a violation of
			 applicable regulations is "serious".
1. The
			 extent of any violation, including but not limited to:
a. The number of participants
			 affected;
b. The length of time the
			 violation persists;
c. The
			 frequency of the violation.
2. The actual or potential impact of any
			 violation on participants of the Program. Violation of regulations in the
			 following areas will be presumed to have an adverse impact upon participants:
a. Participant rights;
b. Adequate nursing services;
c. Total nursing needs met;
d. Receipt of proper medication and
			 diet;
e. Participant
			 comfort;
f. Participant cleanliness
			 and grooming;
g. Participant
			 safety;
h. Proper use of
			 restraints;
i. Proper
			 sanitation;
j. Infection
			 control;
k. Adequate equipment,
			 supply, and storage;
l. Therapeutic
			 activities;
m. Rehabilitation
			 services;
n. Service coordination;
			 and
o. Confidentiality of
			 participant medical and personal information.
(9) The applicant or licensee has
			 been the subject of specific documented findings by the Department of abuse,
			 mistreatment, or neglect or misappropriation of property, made in accordance
			 with M.G.L. c. 111, § 72J.