reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.720 - Water Supply

Current through Register 1525, July 5, 2024
(A) The volume and
			 pressure of the water supply shall be sufficient to supply water to all
			 fixtures with a minimum pressure of 15 pounds per square inch at the farthest
			 point of usage during maximum demand periods.
(B) Domestic hot water heating equipment
			 shall have adequate capacity to supply the following:
Resident Area
Food Preparation Area
Laundry
Gallons/hour/bed
6½
4
4½
Temp. /F
110-120
180
180
(C)
			 Water shall be obtained from an approved municipal water system or, in areas
			 where wells are the source of supply, they shall be designed and constructed
			 with the approval of the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.730 - Sewerage

Current through Register 1525, July 5, 2024
All sewage shall be discharged into a municipal sewerage system
				where such is available; otherwise, the sewage shall be collected, treated and
				disposed of by means of an independent sewerage system designed and constructed
				with the approval of the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.740 - Elevators

Current through Register 1525, July 5, 2024
(A) Each facility with residents housed on
			 other than the street floor shall provide at least one elevator of hospital
			 type.
(B) Each facility with a
			 capacity of more than 82 beds above the street floor shall provide no less than
			 two elevators, one of which shall be of hospital type.
(C) Each facility of one-story construction,
			 in which ancillary resident services are located in the basement or below
			 grade, shall provide a hospital type elevator to accommodate resident
			 transportation to those areas.
(D)
			 The interior cab dimension shall be not less than 5' 0" x 7' 6" and the door
			 opening not less than 44 inches.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.750 - Refrigeration

Current through Register 1525, July 5, 2024
(A) Mechanical refrigeration, capable of
			 storing perishable and frozen foods shall be provided. At least 1½ cubic
			 feet of refrigerated storage space and ½ cubic foot of freezer space
			 shall be provided for each authorized bed.
(B) The maximum temperature for the storage
			 of all perishable foods shall be 45/F. Freezers and frozen food compartments of
			 refrigerators shall be maintained at or below -10/F.
(C) Thermometers shall be attached to the
			 inside of all refrigerators, freezers, frozen food compartments and
			 refrigerated rooms. Thermometers in refrigerated rooms shall be readable from
			 the outside of these rooms.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.800 - Lighting

Current through Register 1525, July 5, 2024
(A) Electric lighting shall be provided
			 throughout the facility in accordance with the provisions of M.G.L. c. 111,
			 § 72C and the recommended levels of the Illuminating Engineering Society.
			 All electrical installations shall be in accordance with
			 527
			 CMR 12.00:
Massachusetts Electrical Code
			 (Amendments)
.
(B) Adequate
			 lighting fixtures shall be installed in each resident room to provide uniform
			 distribution of light.
(C) Outside
			 walks, parking lots and entrances shall be adequately lighted.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.810 - Night Lights

Current through Register 1525, July 5, 2024
(A) Night lights
			 shall be provided in corridors, stairways, bathrooms, toilets, nurse's
			 stations, attendant's station and resident bedrooms.
(B) Night lights in resident rooms shall be
			 appropriately located and not less than 12 inches above the finished floor.
			 Fixtures shall be recessed into the wall and shall have slotted covers to
			 produce a subdued light.
(C) Night
			 lights in residents' toilets shall be not less than 15 watts. Fixtures shall be
			 mounted not less than 12 inches from the finished floor.
(D) All night lights shall be controlled
			 either by a switch at the entrance to the resident bedroom or from the nurse's
			 station.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.820 - Reading Lights

Current through Register 1525, July 5, 2024
A reading light shall be provided for each resident. If
				wall-mounted reading lights are provided they shall be not less than 64 inches
				from the finished floor and be mounted directly over each bed. If a reading
				lamp located on the bedside cabinet is provided, it shall be sufficiently
				stable and secure so as to minimize the risk of fire. The light switch for the
				reading light shall be located for easy operation by a resident lying in
				bed.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.830 - Emergency Electrical Systems

Current through Register 1525, July 5, 2024
(A) An emergency
			 source of electricity shall be connected to circuits designated in 105 CMR
			 150.830(C) through 150.830(E) for lighting and power to provide electricity
			 during an interruption of the normal electric supply could affect the nursing
			 care, treatment or safety of the occupants.
(B) The emergency source of electricity shall
			 consist of a generating set, including the prime mover and generator. It shall
			 be located on the premises and shall be reserved exclusively for supplying the
			 emergency electrical system. The set shall be of sufficient kilowatt capacity
			 to supply all lighting and power demands of the emergency system. The power
			 factor rating of the generator shall be not less than 80%.
(C) Emergency electrical connections shall be
			 provided to circuits for lighting of stairways, corridors, exit ways and
			 exterior approaches thereto, exit and direction signs, nurse's stations,
			 attendant's stations, medicine preparation areas, kitchen, dining and
			 recreation areas, generator set location and boiler room.
(D) Emergency electrical connections shall be
			 provided for protection of vital equipment and materials and for operation of
			 equipment essential to health and safety of the occupants, including but not
			 limited to nurse's call, alarm system, fire pump (if installed), sewerage or
			 sump lift pumps (if installed), one duplex receptacle per bed, corridor duplex
			 receptacles, one elevator, equipment for maintaining telephone service, paging
			 or speaker systems, refrigerators, freezers, and equipment such as burners and
			 pumps necessary for operation of one or more boilers and their controls
			 required for heating.
(E) Where
			 electricity is the only source of power normally used for space heating, the
			 emergency service shall provide for heating of resident rooms unless the
			 nursing home is supplied by at least two utility service feeders, each supplied
			 by separate generating sources.
(F)
			 An automatic transfer switch shall be installed to transfer to emergency power
			 within ten seconds.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.840 - Electrical Outlets

Current through Register 1525, July 5, 2024
(A) Resident rooms
			 shall have not less than one duplex receptacle per bed and in addition, one
			 receptacle on a wall other than the bed headwall. Duplex receptacles shall be
			 installed so as to meet the needs in any given area.
(B) Outlets for portable tray carts shall be
			 provided.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.850 - Call Systems

Current through Register 1525, July 5, 2024
(A) A nurse's and
			 attendant's calling station shall be installed at each resident bedside, in
			 each resident's toilet, bath and shower room, and in the following additional
			 areas: resident dining room, treatment room, physical therapy rooms, special
			 care room, activity rooms, television rooms, and sitting rooms, consultation
			 rooms and beauty parlor and barber shop.
(B) The nurse's call in the toilet, bath and
			 shower rooms shall be an emergency call. A nurse's call station pull cord shall
			 be reachable by a resident lying on the floor near each toilet and each shower
			 enclosure.
(C) All calls shall
			 register at the nurse's or attendant's station and actuate a visible signal in
			 the corridor by the room where the call originates.
(D) In rooms containing two or more calling
			 stations, indicating lights shall be provided at each calling
			 station.
(E) Nurse's call systems
			 which provide two-way communication shall be equipped with an indicating light
			 at each calling station which lights and remains lighted as long as the voice
			 circuit is operative.
(F) In an
			 HB/LTCF, the call system shall not be routinely connected to the hospital call
			 and paging system.
(G) If a
			 wireless nurse call system is used in lieu of an analog wired call system or
			 digital wired call system, it shall comply with UL Standard 1069:
Hospital Signaling and Nurse Call Equipment
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 150.000 - Standards for Long-Term Care Facilities › Section 150.1000 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 150.000 are
				severable. If any provision in 105 CMR 150.00 declared unconstitutional or
				invalid by a court of competent jurisdiction, the validity of the remaining
				portions shall not be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.001 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A) The purpose of
			 105 CMR
			 153.000 is to set forth the licensure procedures and
			 suitability requirements for long-term care facilities.
(B)
								105 CMR
			 153.000 applies to applicants for the licensure of
			 long-term care facilities licensed under M.G.L. c. 111, § 71 in
			 Massachusetts.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.005 - Requirement of a License

Current through Register 1525, July 5, 2024
No person shall establish or maintain a long-term care facility
				without first having obtained a license from the Department or submitted an
				application for a license in accordance with
				105 CMR
				153.006,
				153.009(B)(2),
				and
				153.022(D).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.006 - Application for a License

Current through Register 1525, July 5, 2024
(A) Applications for
			 licensure shall be made on forms prescribed by the Department.
Application
as used in
			 105 CMR
			 153.000 shall include original and renewal
			 applications. Every application shall be signed either by each applicant or by
			 an applicant(s) who certifies that all other applicants have received copies of
			 the application.
(B) In support of
			 an application for an original or renewal license, each applicant shall submit
			 any information required by the Commissioner as part of the application
			 package.
(C) Applications for
			 renewal licenses must be filed on or before the expiration date of the previous
			 license.
(D) An application for an
			 original license shall not be approved until an applicant has been deemed
			 suitable by the Department, or in the case of a transfer of ownership, the
			 applicant has been deemed suitable by the Department or the suitability review
			 period has expired.
(E) An
			 application for a license renewal shall include a sworn statement of the names
			 and addresses of any person with an ownership or control interest in the
			 facility or in the real property occupied and used as the facility. For the
			 purposes of
			 105 CMR
			 153.006(E), "person with an
			 ownership or control interest" shall mean a person who:
(1) has a direct or indirect ownership
			 interest of 5% or more in the facility or the organization that holds the
			 license;
(2) is the owner of a
			 whole or part interest in any mortgage, deed of trust, note, or other
			 obligation secured (in whole or in part) by the facility or any of the property
			 or assets thereof, which whole or part interest is equal to or exceeds 5% of
			 the total property and assets of the facility or organization that holds the
			 license;
(3) is an officer or
			 director of a corporate licensee; or
(4) is a partner of a licensee organized as a
			 partnership.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.007 - Other Licensing Requirements

Current through Register 1525, July 5, 2024
(A) As a
			 prerequisite for a license:
(1) Level I, II
			 and III facilities must obtain a certificate of inspection of the egresses, the
			 means of preventing the spread of fire, and the apparatus for extinguishing
			 fire, issued by the Department.
(2)
			 Level IV facilities must obtain a certificate of inspection of the egresses,
			 the means of preventing the spread of fire, and the apparatus for extinguishing
			 fire, issued by an inspector of the Office of Public Safety and
			 Inspections.
(3) All long-term care
			 facilities must obtain a certificate of inspection, issued by the head of the
			 local fire department, certifying compliance with local ordinances.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.008 - Ownership Interest of Applicant or Licensee

Current through Register 1525, July 5, 2024
An applicant or licensee must be the owner of the premises on
				which the facility is operated, or at least have such rights of ownership as
				the Commissioner finds necessary for the operation of a long-term care
				facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.009 - Acceptance of Application

Current through Register 1525, July 5, 2024
(A) The Department
			 shall not accept an application for an original or renewal license unless:
(1) The application includes all information
			 required by the Department;
(2) The
			 application, all required attachments and statements, and a Notice of Intent
			 form, if applicable, submitted by the applicant meet the requirements of
			 105 CMR
			 153.000; and
(3) The applicant has paid all required
			 fees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.010 - Evaluation of Application

Current through Register 1525, July 5, 2024
(A) The Department
			 shall not approve an application for an original or renewal license unless:
(1) The Commissioner has conducted an
			 inspection or other investigation of the facility and has determined that the
			 applicant complies with 105 CMR 150.000:
Standards for Long-term Care
			 Facilities
; and
(2) The
			 Commissioner has conducted an investigation of the applicant and determined
			 that the applicant is suitable and responsible to establish or maintain a
			 long-term care facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.011 - Updating of Information

Current through Register 1525, July 5, 2024
Each licensee shall update and keep current all information
				required by
				105 CMR
				153.000 or otherwise required by the Commissioner. Any
				document that amends, supplements, updates or otherwise alters any document
				required to be filed shall be filed with the Department within 30 days of the
				execution thereof. Any changes in or additions to the content of the
				information contained in any document required to be filed shall be reported to
				the Department within 30 days of such change or addition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.012 - Suitability and Responsibility of Applicant or Licensee

Current through Register 1525, July 5, 2024
(A) Each of the following, in and of itself,
			 constitutes full and adequate ground for deeming an applicant or licensee
			 neither suitable nor responsible to establish or maintain a long-term care
			 facility:
(1) The applicant or licensee has
			 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 residents of any health institution or facility.
(3) The applicant or licensee has been
			 convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted
			 facts sufficient for a finding that he or she is guilty of, any
			 felony.
(4) The Attorney General
			 has filed an action in any court concerning conditions in any health care
			 facility for which the applicant or licensee was licensed, if that lawsuit
			 resulted in an order or judgment against the applicant or licensee granting
			 damages or any form of equitable relief, including an injunction.
(5) A facility owned or operated by the
			 applicant or licensee has been the subject of proceedings that were ultimately
			 resolved by settlement agreement but that were initiated to suspend, deny or
			 revoke the license or renewal license or to deny, cancel or revoke the Medicaid
			 certification of the facility.
(6)
			 The applicant or licensee has obtained or attempted to obtain a license by
			 fraud or misrepresentation or by submitting false information.
(7) The applicant or licensee has employed in
			 a management or supervisory position a person whom a hearing officer has
			 determined, pursuant to
			 105 CMR
			 153.018, to be unsuitable or not responsible
			 to establish or maintain a long-term care facility.
(8) The applicant's or licensee's license or
			 certificate of registration as a nursing home administrator has been suspended,
			 revoked or denied.
(9) A facility
			 owned or operated by the applicant or licensee has been the subject of
			 proceedings that resulted in the suspension, denial or revocation of the
			 license or renewal license of the facility or has been the subject of
			 proceedings that resulted in the denial, cancellation or revocation of the
			 medicaid certification of the facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.013 - Grounds for Suspension of License to Operate a Long-term Care Facility

Current through Register 1525, July 5, 2024
The Commissioner may summarily suspend a license pending
				further proceedings for revocation of or refusal to renew a license whenever
				the Commissioner finds jeopardy exists at a long-term care
				facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.014 - Grounds for Denial or Revocation of or Refusal to Renew a License to Operate a Long-term Care Facility

Current through Register 1525, July 5, 2024
Each of the following, in and of itself, shall constitute full
				and adequate ground on which to deny, revoke, or refuse to renew a license to
				operate a long-term care facility:
(A)
			 The applicant or licensee is not suitable or responsible to operate a long-term
			 care facility.
(B) The licensee has
			 failed to remedy or correct a cited violation by the date specified in a
			 written notice from the Department under M.G.L. c. 111, § 72E, or by the
			 date specified in the plan of correction accepted or modified by the
			 Department, unless the licensee demonstrates to the satisfaction of the
			 Department that such failure was not due to any neglect of duty and occurred
			 despite his or her good faith attempt to make correction by the specified
			 time.
(C) There has been a finding
			 of jeopardy in the long-term care facility.
(D) There are deficiencies in the long-term
			 care facility that seriously limit the capacity of the facility to provide
			 adequate care.
(E) The long-term
			 care facility has been found in violation of the same or a similar regulation
			 twice or more within a 12-month period.
(F) The facility has been denied a
			 certificate of inspection by the Department of Public Health, Office of Public
			 Safety and Inspections or the head of the local fire department pursuant to
			 M.G.L. c. 111, § 71.
(G) The
			 applicant or licensee has failed to comply with the change of ownership or
			 closure requirements of
			 105 CMR 153.000.
(H) The applicant or licensee has been
			 convicted of, pleaded guilty or
nolo contendere
to, or has, in
			 a judicial proceeding, admitted facts sufficient to find that he or she is
			 guilty of:
(1) abuse, mistreatment or neglect
			 of any resident of a long-term care facility;
(2) rape, felonious assault or any other
			 felony against a person; or
(3) a
			 felony involving the misuse of funds in connection with the Medicaid or
			 Medicare program or the misuse of resident funds, unless said applicant or
			 licensee has been determined suitable for licensure pursuant to a formal
			 settlement agreement or the application of previous regulatory
			 provisions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.015 - Limitation on New Admissions

Current through Register 1525, July 5, 2024
(A) If the
			 Commissioner determines that a long-term care facility does not substantially
			 comply with M.G.L. c. 111, §§ 70E and 71 through 72L½,
			 105 CMR 150.000:
Standards for Long-term Care Facilities
,
			 105 CMR 153.000, or
			 105 CMR 155.000:
Patient and Resident Abuse Prevention, Reporting, Investigation,
			 Penalties and Registry
; or for a long-term care facility that
			 participates in the Medicare or Medicaid program(s), the federal conditions of
			 participation at 42 CFR 483, the Commissioner may issue an order that the
			 long-term care facility shall limit or not admit any new residents after a date
			 specified by the Commissioner.
(B)
			 If the Commissioner determines that jeopardy exists in a long-term care
			 facility, the Commissioner may issue an order that the long-term care facility
			 limit or not admit any new residents as of the date of the order. Any such
			 order will set forth the facts on which the Commissioner based the
			 determination that a situation or condition occurring at the long-term care
			 facility, such as an uncontrolled "outbreak or cluster" as defined in
			 105 CMR 300.020:
Definitions
, presents an imminent threat to the health or
			 safety of residents.
(C) The
			 Commissioner, absent a determination of jeopardy, shall not order the licensee
			 to limit or not admit new residents until the licensee has been notified that
			 the long-term care facility does not substantially comply with applicable state
			 statutes or regulations or with the applicable federal conditions of
			 participation and that a decision to limit or cease new admissions is
			 contemplated, and the licensee has had a reasonable opportunity to correct the
			 cited deficiencies.
(D) Whenever an
			 order to limit or not admit any new residents to the long-term care facility is
			 made, the licensee may appeal the order pursuant to the procedures set forth at
			 105 CMR
			 153.018(D).
(E) An order that a long-term care facility
			 shall limit or not admit any new residents shall be rescinded as soon as
			 practicable after the Commissioner determines (i) that the long-term care
			 facility is in substantial compliance with the applicable state statutes or
			 regulations, or with the applicable federal conditions of participation, or
			 (ii) that the situation or condition on which the determination of jeopardy was
			 based no longer exists or no longer presents an imminent threat to the health
			 or safety of residents at the long-term care facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.017 - Resident Notification

Current through Register 1525, July 5, 2024
(A) Whenever the
			 Department initiates an action to deny or revoke a license pursuant to
			 105 CMR 153.000, the
			 Department shall require the current owner or licensee to immediately provide
			 notice in writing to each resident or the resident's legal representative that:
(1) an action to deny or revoke the
			 facility's license has been initiated;
(2) explains the basis for the
			 action;
(3) suggests the general
			 timetable for the enforcement process and possible relocation; and
(4) confirms that a second notice will be
			 transmitted if resident relocation is imminent.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.018 - Hearings

Current through Register 1525, July 5, 2024
(A)
Suspension of a
			 License
.
(1) Upon written
			 request, the licensee shall be afforded an opportunity to be heard concerning
			 the suspension of a license by the Commissioner.
(2) Such a hearing shall be initiated
			 pursuant to
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
no later than 21 calendar
			 days after the effective date of the suspension.
(3) In cases of suspension of a license, the
			 hearing officer shall determine whether the Department has proved by a
			 preponderance of the evidence that there existed, immediately prior to or at
			 the time of the suspension, a jeopardy situation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.019 - Hearings: Scope of Review

Current through Register 1525, July 5, 2024
(A) Determination of
			 Suitability and Responsibility: Any hearing officer conducting a hearing
			 hereunder shall determine the suitability or responsibility of any applicant or
			 licensee on request, whether or not the applicant or licensee is licensed at
			 the time the determination is made.
(B) If a hearing officer finds:
(1) that the applicant or licensee is
			 unsuitable or not responsible under any single provision of
			 105 CMR
			 153.012(A); or
(2) that the applicant or licensee is
			 unsuitable or not responsible under any combination of factors listed in
			 105 CMR
			 153.012(B); then the hearing
			 officer shall uphold the decision of the Commissioner that the licensee is not
			 suitable or responsible.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.020 - Effect of Determination of Unsuitability and Effect of Refusal to Renew a License, Revocation of a License, and License Denial

Current through Register 1525, July 5, 2024
Whenever an applicant or licensee has been determined after
				hearing to be unsuitable or not responsible to establish or maintain any
				long-term care facility licensed by the Department, or whenever the license of
				any applicant or licensee has been revoked or denied or renewal has been
				refused, the applicant or licensee shall not establish or maintain any
				long-term care facility subject to licensure by the Department for a period of
				ten years. An applicant or licensee may establish or maintain a long-term care
				facility thereafter only if he or she demonstrates that his or her
				circumstances have significantly changed such that he or she has become
				suitable and responsible to establish or maintain a long-term care
				facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.021 - Non-transferability of License

Current through Register 1525, July 5, 2024
(A) Every long-term
			 care facility's license must be displayed in a conspicuous place in the
			 facility.
(B) Each license shall be
			 valid only in the possession of the person to whom it is issued and shall not
			 be subject to sale, assignment or other transfer, voluntary or
			 involuntary.
(C) No license shall
			 be valid for any building or premises other than those for which the license
			 was originally issued.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.023 - Voluntary Closure

Current through Register 1525, July 5, 2024
(A) At least 120
			 days in advance of a proposed closure of a long-term care facility, the holder
			 of a license shall notify the Department of its intent to close and, at the
			 same time, submit a draft closure plan.
(1)
			 The notice must include the following information:
(a) The proposed date of closure;
(b) Reasons leading to closure;
(c) The facility representative whom
			 residents or their legal representatives, family members, staff or other
			 interested parties may contact with questions they may have regarding the
			 proposed closure;
(d) Notice that a
			 public hearing will be held on the proposed closure at least 90 days prior to
			 the proposed closure date; and how information regarding the date, time and
			 place of the hearing will be made available;
(e) Notice that interested parties may file
			 comments on the proposed closure and the draft closure plan with the Department
			 up until the date of the public hearing; and
(f) Other information as may be specified by
			 the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.024 - Penalties

Current through Register 1525, July 5, 2024
(A) Pursuant to M.G.L. c. 111, §73,
			 operation of a long-term care facility without a license constitutes a
			 violation of law punishable for a first offense by a fine of not more than $500
			 and for a subsequent offense by a fine of not more than $1,000 or imprisonment
			 for not more than two years.
(B)
			 Violation of any provision of M.G.L. c. 111, §§ 71 through 73, by a
			 person licensed thereunder, is punishable for a first offense by a fine of not
			 more than $500 and for a subsequent offense by a fine of not more than $1,000
			 or by imprisonment for not more than two years.
(C) Whoever violates any rule or regulation
			 of the Department, promulgated pursuant to M.G.L. c. 111, §§ 71, 72
			 or 72C, shall be punished by such fine, not to exceed $50.00, as the Department
			 may establish. If any person violates any such rule or regulation by allowing a
			 condition to exist that may be corrected or remedied, the Department shall
			 order him or her in writing, to correct or remedy such conditions; and if such
			 person fails or refuses to comply with such order, each day during which such
			 failure or refusal to comply continues shall constitute a separate
			 offense.
(D) A licensee is
			 prohibited from acquiring any additional facilities or increasing the bed quota
			 of any existing facilities for five years from the date of the conviction,
			 guilty plea or admission, except with the explicit permission of the Public
			 Health Council, if the licensee has been convicted of, pleaded guilty or
nolo contendere
to, or have, in a judicial proceeding,
			 admitted facts sufficient to find that he or she is guilty of:
(1) abuse, mistreatment or neglect of any
			 resident of a long-term care facility;
(2) rape, felonious assault or any other
			 felony against a person; or
(3) a
			 felony involving the misuse of funds in connection with the Medicaid or
			 Medicare program, or the misuse of resident funds, even if the licensee has
			 been determined suitable for continued licensure pursuant to formal settlement
			 agreements or previous regulations.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.026 - Name of Facility

Current through Register 1525, July 5, 2024
(A) Every facility
			 shall be designated by a distinctive name which shall appear on the facility's
			 application and license. To avoid public confusion or misrepresentation, this
			 name shall not be changed without the prior approval of the Commissioner. Such
			 name shall appear on all listings, advertisements and stationery.
(B) The name of a facility shall not contain
			 the words:
(1) "Rehabilitation" or
			 "rehabilitative" unless the facility provides skilled nursing and
			 rehabilitative care, and the Commissioner has authorized in writing the use of
			 such words in its name.
(2)
			 "Nursing" or "convalescent" unless the facility is licensed as a Level I, II or
			 III facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.027 - Classification

Current through Register 1525, July 5, 2024
(A) The Department will license long-term
			 care facilities according to the level of care provided: Level I, II, III and
			 IV.
(B) A facility shall not be
			 classified to provide more than one level of care unless such facility provides
			 one or more identifiable units for each level of care. As used in 105 CMR
			 153.027, classification is not a form of a license within the meaning of M.G.L.
			 c. 30A, § 13.
(C) Written
			 approval for change in classification must be obtained from the Commissioner.
(1) In the case of a downgrading, the
			 facility must file a notice of intent and submit architectural plans if
			 construction and renovation is associated with the reclassification.
(2) In case of an upgrading, the facility
			 must secure a determination of need when required by 105 CMR 100.000:
Determination of Need
. If no determination of need is
			 required, the facility must submit a notice of intent and architectural plans
			 if construction and renovation is associated with the
			 reclassification.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.028 - Licensed Bed Capacity

Current through Register 1525, July 5, 2024
(A) Licensed bed
			 capacity shall be the number of beds that the licensee is authorized to
			 operate. As used 105 CMR 153.028, licensed bed capacity is not a form of a
			 license within the meaning of M.G.L. c. 30, § 13.
(B) The licensee must comply with any
			 relevant provisions of 105 CMR 100.000:
Determination of Need
prior to seeking any increase in licensed bed capacity. The
			 Commissioner may, upon review and approval of notice of intent and
			 architectural plans, grant a one time increase in quota of up to 12
			 beds.
(C) The licensees shall
			 submit written notification of any permanent reduction in the number of
			 licensed beds to the Commissioner.
(D) In cases where temporary removal of beds
			 from service is necessary for construction authorized by the Department, or for
			 implementation of a plan of correction for cited significant physical plant
			 deficiencies; or when permanent removal is necessary for a phased closure of an
			 entire facility, the licensee shall notify the Department in writing of the
			 removal of beds from service, the reason for the removal and the length of time
			 the beds are anticipated to be out-of-service. On receipt of such a
			 notification, the Department will provide the revised "operating bed capacity"
			 to the Office of Medicaid and the Center for Health Information and
			 Analysis.
(E) In all other cases
			 where beds are temporarily removed from service, the number of beds established
			 as the facility's licensed bed capacity shall be the number of beds that a
			 licensee is authorized to operate.
(F) Discontinuance of operation of an entire
			 unit of a facility for any period shall be treated as a permanent reduction in
			 licensed bed capacity, except where the Commissioner has granted permission in
			 advance. Such permission shall be given only in exceptional circumstances and
			 for no longer than required.
(G)
			 Discontinuance of operation of an entire facility or building for any period
			 shall be treated as an abandonment of the license therefor, except where the
			 Commissioner has granted permission in advance. Such permission shall be given
			 only in exceptional circumstances and for no longer than required.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.029 - Posting of License, Certificate of Inspection, and Related Documents

Current through Register 1525, July 5, 2024
Every facility shall maintain a board suitable for posting
				notices and other written materials in an area of the premises accessible to
				residents, employees and visitors. Such notices and materials as may be
				required by the Commissioner shall be conspicuously posted thereon and include,
				but are not limited to, the following:
(1) A framed, current license, or if the
			 facility is operated under an application, the most recent license and a copy
			 of such application.
(2) The most
			 recent certificate of inspection of the egresses, the means of preventing the
			 spread of fire, and the apparatus for extinguishing fire, issued by the
			 Department for Level I, II and III facilities or by the Office of Public Safety
			 and Inspections for Level IV facilities.
(3) Any orders to show cause, notices,
			 orders, decision or other documents issued by agents of the Department that
			 pertain to the facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.030 - Restrictions

Current through Register 1525, July 5, 2024
(A) A long-term care facility shall not use
			 any part of the licensed premises for tenant occupancy or for other business.
			 Unlicensed space within the long-term care facility premises may be used for
			 tenant occupancy or other business if the following requirements are met:
(1) The space that constitutes the premises
			 of the licensed long-term care facility and the premises of the tenant
			 occupancy or business shall not be intermingled space. The space that
			 constitutes the facility shall be contiguous.
(2) The long-term care facility shall be
			 separate and distinct from that portion of the premises used for tenant
			 occupancy or other business and shall be physically separated from any
			 unlicensed space within the long-term care facility by means of doors, walls,
			 or other barrier. A fire rated wall which meets the fire protection rating
			 required by the Massachusetts State Building Code shall be provided between the
			 tenant occupancy and the long-term care facility. In addition, all certified
			 facilities must have a fire rated wall in compliance with the Life Safety
			 Code.
(3) The long-term care
			 facility shall not be used as a thoroughfare for access to the area in which
			 the tenant occupancy or other business is located.
(4) The portion of the premises used for
			 tenant occupancy or other business shall not constitute a hazard or nuisance to
			 residents of the long-term care facility.
(5) The presence of an area used for tenant
			 occupancy or other business cannot impede the licensed long-term care
			 facility's ability to comply with the provisions of 105 CMR 150.000:
Licensing of Long-term Care Facilities
and any applicable
			 federal requirements, including:
(a) Fire
			 safety requirements, which shall include, for certified facilities, compliance
			 with the Life Safety Code;
(b)
			 Staffing requirements;
(c) Resident
			 egress and elopement control;
(d)
			 Resident access to outdoor recreation area; and
(e) Parking requirements.
(6) Prior to any unlicensed part
			 of the premises being used for tenant occupancy or other business, the
			 long-term care facility must ensure the proposal is the product of sound
			 community engagement and consultation regarding the proposed tenant occupancy
			 or other business with the following groups:
(a) The facility's resident
			 council;
(b) The facility's family
			 council;
(c) Staff at the
			 facility;
(d) The Office of the
			 State Long-term Care Ombudsman; and
(e) The Office of the Local Long-term Care
			 Ombudsman.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.031 - Special Projects and Waivers

Current through Register 1525, July 5, 2024
(A)
Special Projects
. The Department will consider
			 proposals for special projects for the innovative delivery of long-term care
			 services. No such proposal shall be implemented without prior written approval
			 of the Department. The Department may impose conditions on special projects as
			 necessary.
(B)
Waivers
. The Commissioner may waive the applicability
			 to a particular facility of one or more of the requirements imposed by
			 105 CMR
			 153.000, 105 CMR 150.000:
Standards for
			 Long-term Care Facilities
upon finding that:
(1) compliance would cause undue hardship to
			 the facility;
(2) the facility's
			 non-compliance does not affect the health or safety of its residents and does
			 not limit the facility's capacity to give adequate care;
(3) the facility has instituted compensating
			 features or has undertaken a special project under
			 105 CMR 153.031(A)
			  acceptable to the Department; and
(4) the facility provides to the Commissioner
			 written documentation supporting its request for a waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.032 - Right of Entry

Current through Register 1525, July 5, 2024
Any duly designated officer or employee of the Department shall
				have the right to enter and inspect at any time, without prior notice, the
				entire premises of any facility for which an application has been received or
				for which a license has been issued. Any application shall constitute
				permission for such entry and inspection.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES › Section 153.100 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR
				153.000 are severable. If any provision in
				105 CMR
				153.000 is declared unconstitutional or invalid by a
				court of competent jurisdiction, the validity of the remaining portions shall
				not be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.002 - Scope

Current through Register 1525, July 5, 2024
105 CMR 155.000 applies to
				long term care facilities subject to licensing under M.G.L. c. 111, § 71,
				hospice programs licensed under M.G.L. c. 111, § 57D or 51, and home
				health agencies and homemaker agencies.
				105 CMR
				155.004 through
				155.012
				are applicable to all individuals working in or employed by a facility, home
				health agency, homemaker agency or hospice program;
				105
				CMR 155.013 through
				155.015
				are applicable only to nurse aides, home health aides and
				homemakers.