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 164.035 - Required Notifications to the Department

Current through Register 1525, July 5, 2024
(A)
Legal
				  Proceedings
. The Licensed or Approved Provider shall report to the
				  Department in a manner prescribed by the Department any civil action or
				  criminal charge that is initiated against the Licensed or Approved Provider or
				  any person employed or contracted by the Licensed or Approved Provider that
				  relates to the delivery of the service or may affect the continued operation of
				  the facility. The report shall be provided no later than one business day after
				  the initiation of any legal action.
(B)
Closure
. When a
				  Licensed or Approved Provider plans to cease operation, said Provider shall
				  notify the Department, patients, and residents pursuant to
				  105 CMR
				  164.087.
(C)
Interruption or Suspension of
				  Service
. If a Licensed or Approved Provider determines that the
				  health, safety or well-being of patients or residents is in imminent danger as
				  a result of conditions existing within the program, the Licensed or Approved
				  Provider shall notify the Department immediately upon becoming aware of the
				  danger to patients or residents and comply with
				  105 CMR
				  164.086.
(D)
Change of Program or Service
				  Provision
. A Licensed or Approved Provider shall notify the
				  Department in a manner prescribed by the Department at least 30 calendar days
				  before any change in program or service provision. The Department shall
				  determine whether such change requires relicensure.
(E)
Change of Administrator,
				  Executive or Program Director
. A Licensed or Approved Provider
				  shall notify the Department at least 14 calendar days before a planned change
				  of Administrator, Executive or Program Director. In the event of an unplanned
				  departure of a director, the Licensed or Approved Provider shall notify the
				  Department upon the next business day of the change of director in a manner
				  prescribed by the Department.
(F)
Death, Serious Incident, Accident or Fire
.
(1) The Licensed or Approved Provider shall
				  notify the Department, in a manner prescribed by the Department, immediately
				  upon any of the following occurring at the program
(a) learning of the death of any person
				  currently admitted to the program, regardless of where the death
				  occurs;
(b) full or partial
				  evacuation of the facility for any reason;
(c) fire;
(d) suicide;
(e) criminal acts alleged to have been
				  committed by patients, residents, contractors, or staff members;
(f) pending or actual strike action by its
				  employees, and contingency plans for operation of the program;
(g) alleged abuse or neglect, or physical or
				  sexual assault, or prohibited interaction which occurs between or among
				  patients and/or residents currently or previously treated by the program, or
				  which occurs between or among such patients or residents and current or former
				  staff regardless of location, including any incident which is reported to
				  another agency or law enforcement;
(h) alleged abuse or neglect at the program
				  which includes the following:
1. any reports
				  of child abuse or neglect made under M.G.L. c. 119, § 51A;
2. any reports of elder abuse or neglect made
				  under M.G.L. c. 19A, § 15; and
3. any reports of abuse of a disabled person
				  made under M.G.L. c. 19C.
(i) any condition at the program which poses
				  a threat to the health, safety, or well-being of patients, residents, or
				  staff;
(j) confirmed cases among
				  staff or patients and residents of communicable diseases which are reportable
				  under
				  105 CMR 300.000:
Reportable Diseases, Surveillance, and Isolation and Quarantine
				  Requirements
; or
(k)
				  elopements of patients committed under M.G.L. c. 123 § 35;
(l) elopements of adolescent patients;
				  or
(m) any other serious incident
				  or accident as specified in guidelines of the Department.