reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.034 - Enrollment, Emergency Transports, and Discharges

Current through Register 1525, July 5, 2024
(A) The enrollment and discharge of
			 participants shall be in accordance with written policies and procedures
			 developed by each Program and acceptable to the Department.
(B) A Program shall not discriminate against
			 any participant on the basis of source of referral, source of payment, race,
			 religion, ethnic origin, gender, sexual orientation, age, or disability. A
			 Program shall comply with all state and federal antidiscrimination
			 laws.
(C) A Program shall designate
			 a member of the staff to be responsible for enrollment and discharge
			 planning.
(D)
Enrollment
.
(1) A
			 Program shall enroll and care for only those participants in need of Services
			 and for whom it can provide care and services appropriate to the participant's
			 physical, cognitive, psychosocial, and behavioral needs.
(2) A Program may not enroll a participant
			 without a written order for Services from a primary care provider who
			 determined that Program care is appropriate to meet the participant's
			 needs.
(3) A Program may not enroll
			 a participant without the written consent of the participant or his or her
			 legally authorized representative, if he or she is not competent.
(4) A participant shall be screened for TB
			 prior to enrollment in a Program. The participant's health record at the
			 Program shall contain evidence of initial health screening for TB, including
			 the following:
(a) A pre-enrollment TB history
			 and risk assessment with additional screening as indicated within three months
			 prior to enrollment in accordance with Department Bureau of Infectious Disease
			 guidelines.
(b) An annual TB risk
			 assessment, symptom review, and education with additional screening as
			 indicated in accordance with Department Bureau of Infectious Disease
			 guidelines.
(5)
Participant Enrollment Agreement
. A Program shall
			 provide a written agreement to the participant and, if appropriate, to the
			 participant's legally authorized representative. The participant enrollment
			 agreement shall specify:
(a) The services
			 offered to the participant by the Program and the costs of those
			 services;
(b) The responsibilities
			 of the participant and his or her legally authorized representative to the
			 Program;
(c) The days and hours of
			 Program operation;
(d) The schedule
			 of holidays when the Program is closed;
(e) The days per week the participant will
			 attend;
(f) Procedures for
			 notifying the participant of any unexpected closing of the Program due to
			 disaster or inclement weather;
(g)
			 Arrangements for transporting the participant to and from the Program, if
			 applicable;
(h) Emergency
			 procedures; and
(i) Reasons the
			 Program may initiate discharge, as specified at 105 CMR
			 158.034(F)(3).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.035 - Primary Care Provider Services

Current through Register 1525, July 5, 2024
(A) A Program
			 shall only provide Services to a participant in accordance with current
			 treatment orders from that participant's primary care provider.
(B) A Program shall maintain the business
			 addresses, telephone number(s), and emergency contact information of each
			 participant's primary care provider in each participant's health record.
			 Emergency contact information shall be readily accessible to personnel on duty
			 in case of emergencies.
(C) A
			 Program may not enroll a participant unless said participant has had a physical
			 examination within 12 months prior to enrollment which documents the following:
(1) Diagnoses and associated
			 conditions;
(2) Known
			 allergies;
(3) Pertinent findings
			 of physical exam;
(4) Significant
			 medical history;
(5) Assessment of
			 physical capability, including ADL;
(6) Assessment of cognitive status;
			 and
(7) TB screening.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.036 - Diagnostic Services

Current through Register 1525, July 5, 2024
(A) A Program shall
			 comply with
			 105 CMR 180.000:
The Operation, Approval and Licensing of Clinical Laboratories
and 42 CFR Part 493 .
(B) A Program
			 may not perform clinical laboratory tests for participants except waived urine
			 tests, glucose testing, and PT/INR tests, as ordered by a primary care
			 provider. A Program may not perform tuberculin skin tests except as ordered by
			 a primary care provider.
(C) A
			 Program may not perform any diagnostic service unless it is ordered by a
			 participant's primary care provider.
(D) A Program shall record all findings,
			 reports, and results of any diagnostic test in the participant's health record
			 and shall report results to the participant's primary care provider as
			 appropriate.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.037 - Assessment and Care Planning

Current through Register 1525, July 5, 2024
(A)
Assessment
.
(1) A
			 Program shall conduct and document in writing a participant-specific,
			 inter-disciplinary, accurate, comprehensive assessment, as specified in 105 CMR
			 158.037 and in guidelines of the Department.
(2) A Program shall:
(a) Complete an initial comprehensive
			 assessment within 14 days of enrollment.
(b) Complete a revised comprehensive
			 assessment within 14 days of any significant change.
(c) Review and revise, as necessary, the
			 comprehensive assessment at least once every six months.
(d) Complete a new comprehensive assessment
			 within 365 days of the completion of the most recent comprehensive
			 assessment.
(e) Assess
			 participants' health status and evolving needs on an ongoing basis.
(3) The comprehensive assessment
			 shall include an assessment of the participant's health status and care
			 requirements, as well as the participant's and his or her family's goals and
			 desires, and shall be conducted in conformance with guidelines of the
			 Department and 105 CMR 158.037. The comprehensive assessment shall include, at
			 minimum, the following areas:
(a)
			 Identification and demographic information;
(b) Customary routine and support
			 services;
(c) Cognitive
			 patterns;
(d)
			 Communication;
(e)
			 Vision;
(f) Mood and behavior
			 patterns;
(g) Psychological
			 well-being;
(h) Physical
			 functioning and structural problems;
(i) Continence;
(j) Disease diagnoses and health
			 conditions;
(k) Dental and
			 nutritional status;
(l) Skin
			 conditions;
(m) Activity
			 pursuits;
(n) Medications,
			 including a review of all of the participant's prescription and
			 over-the-counter drugs, herbal remedies, and other alternative treatments that
			 could affect drug therapy;
(o)
			 Special treatments and procedures;
(p) The need for referrals and further
			 evaluation by appropriate health professionals;
(q) Discharge potential;
(r) Complications and risk factors that
			 affect care planning;
(s) A
			 comprehensive summary of the participant's health status; and
(t) Name and credentials of those who
			 participated in the comprehensive assessment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.038 - Quality of Care and Services

Current through Register 1525, July 5, 2024
(A) All services
			 provided by a Program shall meet professional standards of care and shall be
			 provided by qualified persons.
(B)
			 A Program shall provide services in accordance with each participant's
			 comprehensive assessment and plan of care that support each participant's
			 highest level of functioning, and that support the participant's and
			 caregiver's goals to maintain the participant in the community.
(C) A Program shall provide all services,
			 including those identified in 105 CMR 158.038(D), in accordance with the
			 Program's written policies and procedures and in accordance with
			 105 CMR 158.000.
(D) A Program shall provide the following
			 services:
(1) Nursing care;
(2) Service coordination;
(3) Therapeutic activities;
(4) Dietary services; and,
(5) Medication management services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.039 - Medication Management Services

Current through Register 1525, July 5, 2024
(A) A
			 Program shall:
(1) in consultation with a
			 registered nurse, physician, and pharmacist, develop and implement written
			 policies and procedures governing medications, including the receipt, storage,
			 and administration of all drugs and biologicals; or
(2) adopt model written policies and
			 procedures governing medications, including the receipt, storage, and
			 administration of all drugs and biologicals, provided that such model policies
			 and procedures are developed in consultation with a registered nurse,
			 physician, and pharmacist.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.040 - Participant Health Records

Current through Register 1525, July 5, 2024
(A) All Programs
			 shall provide conveniently located and suitably equipped areas for the
			 recording and storage of health records.
(B) All Programs shall maintain on the
			 premises, in accordance with acceptable professional standards of practice, a
			 separate, complete, accurate, systematically organized, and current health
			 record for each participant from the time of admission to the time of
			 discharge. All entries shall be dated and signed. The participant health record
			 shall be kept at the nursing station.
(C) The participant health record shall, at
			 minimum, include:
(1) Participant information
			 including the participant's name, social security number, date of birth,
			 gender, marital status, religion, home address, any public and private
			 insurance information, and date and time of enrollment.
(2) The name, address, and phone number of
			 the participant's identified contact person and legally authorized
			 representative.
(3) Documentation
			 from primary care providers including orders or prescriptions for Services,
			 physical examinations, and initial treatment orders, as described at
			 105 CMR
			 158.035.
(4) The participant enrollment
			 agreement.
(5) Participant clinical
			 information, including:
(a) A copy of the
			 most recent physical examination;
(b) The primary care provider
			 orders;
(c) Medical
			 history;
(d) TB
			 screening;
(e) A list of known
			 allergies;
(f) Information
			 concerning participant's dietary requirements;
(g) The medication administration
			 record;
(h) The results of all
			 assessments;
(i) Correspondence
			 with family, therapists, primary care providers, physicians, health care
			 consultants, or others pertaining to the health care of the
			 participant;
(j) Consultation notes
			 from any health care provider who visits or examines the participant at the
			 Program.
(k) The participant's
			 attendance record;
(l) Relevant
			 legal documentation that may include signed authorizations for release of
			 information, advanced directives, or health care proxy;
(m) Plans of care;
(n) An inventory of participant's personal
			 belongings maintained at the program; and
(o) Documentation regarding transfers and
			 discharges, as required in
			 105 CMR
			 158.034.
(6) Any notification provided by Program
			 Director pursuant to
			 105 CMR 158.030(K)
			  shall be recorded in writing in the
			 participant's health record.
(7)
			 Professional documentation as applicable, including but not limited to the
			 following:
(a) Nursing notes and
			 assessments;
(b) Rehabilitation
			 services notes and assessments;
(c)
			 Therapeutic activity notes and assessments;
(d) Service coordination notes and
			 assessments;
(e) Dietary notes and
			 assessments; and
(f) Assistance
			 provided with ADL or a staff log of care provided to participant.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.041 - Participant Rights

Current through Register 1525, July 5, 2024
(A)
Exercise of Rights
.
(1) A participant has the right to be free
			 from interference, coercion, and reprisal from the Program in exercising his or
			 her rights.
(2) A participant has
			 the right to be free from discrimination on the grounds of source of referral,
			 source of payment, race, religion, national origin, sex, sexual orientation,
			 age, or disability.
(3) In the case
			 of a participant adjudged incompetent under the state law by a court, the
			 rights of the participant are exercised by the person appointed under state law
			 to act on the participant's behalf. In the case of a participant who has not
			 been adjudged incompetent by the State court, any legal-surrogate designated in
			 accordance with state law may exercise the participant's rights to the extent
			 provided by state law.
(4) A
			 participant or his or her legally authorized representative, upon request, has
			 the right:
(a) To access all of his or her
			 records within 24 hours; and
(b) To
			 purchase, at a cost not to exceed the community standard, photocopies of the
			 records within two business days.
(c) To receive upon request the name and
			 specialty of the person(s) responsible for his or her care and the coordination
			 of his or her care; and
(d) To
			 receive an explanation as to the relationship, if any, of the Program to any
			 other health care program or educational institution insofar as said
			 relationship relates to his or her care or treatment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.042 - Participant Comfort, Safety, Accommodations, and Equipment

Current through Register 1525, July 5, 2024
(A)
Participant Comfort and
			 Accommodations
.
(1) A Program
			 shall provide for the comfort, safety, and mental and physical well-being of
			 participants.
(2) Program personnel
			 shall be familiar with each participant's plan of care and need for assistance
			 with ADL and supervision.
(3)
			 Program personnel shall treat participants' personal effects with respect and
			 care.
(4) A Program shall
			 reasonably accommodate participant needs and preferences, except when the
			 health or safety of the participant or other participants would be
			 endangered.
(5) All participant
			 areas shall be arranged and decorated to provide for a cheerful and homelike
			 milieu which is pleasant, clean, well-kept, in good repair, and free from
			 unpleasant odors, sights, and sounds.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.043 - Environmental Health and Housekeeping

Current through Register 1525, July 5, 2024
(A)
Water Supply
.
(1)
			 Water used for the care or treatment of participants, drinking, domestic, or
			 culinary purpose shall be pure, fit for such use, and consistent with
			 established standards of sanitation.
(2) Ice that comes in contact with food or
			 drink shall be made from potable water and shall be stored, handled, and
			 dispensed in a sanitary manner.
(3)
			 Domestic hot water heating equipment shall have adequate capacity to maintain
			 safe and sanitizing temperatures to supply participant and food preparation
			 areas.
(4) Drinking water shall be
			 readily available and easily accessible to all participants.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.044 - Infection Control

Current through Register 1525, July 5, 2024
(A) A Program shall
			 establish and maintain infection control practices designed to prevent the
			 development and transmission of disease and infection.
(B) A Program shall prohibit employees with a
			 communicable disease or infected skin lesion from direct contact with
			 participants or participants' food, if direct contact will transmit the
			 disease.
(C) A Program shall
			 require staff to wash their hands after each direct participant contact for
			 which handwashing is indicated by accepted professional practice.
(D) Personnel shall handle, store, process,
			 and transport linens so as to prevent the spread of infection.
(E) All accumulated soiled dressings that
			 meet the definition of infectious waste shall be handled in accordance with
			 105 CMR 480.000:
State Sanitary Code, Chapter VIII
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.045 - Physical Plant Requirements

Current through Register 1525, July 5, 2024
(A)
General Requirements
.
(1) The Program site shall be designed with
			 adequate space for the provision of all Services.
(2) When located in a facility housing other
			 services, the Program shall operate solely within the Program's licensed
			 space.
(3) A Program shall be
			 located in a site that complies with the Americans with Disability Act (ADA)
			 and ADA Standards for Accessible Design, including, but not limited to, the
			 following features:
(a) On ground level with
			 at least two means of egress;
(b)
			 Free of architectural barriers;
(c)
			 Designed to meet the needs of disabled persons; and
(d) In compliance with local health, fire,
			 and safety codes.
(4)
			 Each site shall include adequate outdoor space for participants to safely
			 arrive at and depart from the Program site.
(5) Each site shall provide a protected and
			 secure environment for participants, including participants who wander or
			 require increased supervision and security.
(6) The Program shall provide sufficient
			 parking capacity to satisfy the needs of participants, personnel, and the
			 public.
(7) Separate and additional
			 space shall be provided for service delivery vehicles and vehicles used for
			 participants' transfer.
(8) Each
			 site shall include a clean and sanitary food preparation area equipped with a
			 refrigerator, a sink, adequate counter space, and adequate storage
			 space.
(9) If meals are cooked
			 on-site, a Program shall have a full kitchen approved by the local Board of
			 Health.
(10) Adequate artificial
			 lighting shall be available in all rooms, stairways, hallways, corridors,
			 toilet rooms, and offices.
(11) A
			 Program with five or more unrelated participants shall comply with the
			 Massachusetts State Building Code, 780 CMR 3.00:
Use and Occupancy
			 Classification
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.046 - Quality Assessment and Performance Improvement

Current through Register 1525, July 5, 2024
(A) A Program shall develop and implement an
			 ongoing, program-wide, data-driven Quality Assessment and Performance
			 Improvement (QAPI) program.
(B) A
			 Program shall form a QAPI committee to implement the QAPI program.
(1) The QAPI committee shall include at least
			 the Program Director, a registered nurse employed by the program, and one or
			 more individuals appointed by the Program Director.
(2) The QAPI committee shall meet at least
			 two times per year and shall maintain minutes of all meetings.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Section 164.003 - Scope

Current through Register 1525, July 5, 2024
105 CMR 164.000 governs the
				licensure or approval and operation of every substance use disorder treatment
				program subject to licensure or approval by the Department which includes
				separate, identifiable substance use disorder treatment programs within
				facilities licensed pursuant to M.G.L. c. 111, § 51 or M.G.L, c. 19,
				§ 19. A department, agency or institution of the federal government, the
				Commonwealth or any political subdivision thereof is exempt from licensure
				except that a department, agency or institution of the Commonwealth or
				subdivision thereof is subject to approval by the Department. No person,
				corporation, trust, authority, governmental agency, political subdivision or
				any other entity subject to
				105 CMR 164.000 shall
				operate a substance use disorder treatment program that does not comply with
				the requirements of
				105 CMR 164.000. The
				Department may from time to time publish interpretations of
				105 CMR 164.000 and
				guidelines as necessary to promote uniform application of
				105 CMR 164.000, and make
				them available to those licensed and approved by the Department and to the
				public.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Section 164.004 - Scope

Current through Register 1525, July 5, 2024
105 CMR 164.000 governs the
				licensure or approval and operation of every substance use disorder treatment
				program subject to licensure or approval by the Department. A department,
				agency or institution of the federal government, the Commonwealth or any
				political subdivision thereof is exempt from licensure except that a
				department, agency or institution of the Commonwealth or subdivision thereof is
				subject to approval by the Department. No person, corporation, trust,
				authority, governmental agency, political subdivision or any other entity
				subject to
				105 CMR 164.000 shall
				operate a substance use disorder treatment program or treatment services that
				do not comply with the requirements of
				105 CMR 164.000. The
				Department may from time to time publish interpretations of
				105 CMR 164.000 and
				guidelines as necessary to promote uniform application of
				105 CMR 164.000, and make
				them available to those licensed and approved by the Department and to the
				public.
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 › Section 164.006 - Part One Scope

Current through Register 1525, July 5, 2024
The provisions of 105 CMR 164.006 through
				  105 CMR 164.087 apply to
				  all substance use disorder treatment providers, except for those providers who
				  currently hold a license from the Department of Mental Health or the Department
				  of Public Health's Bureau of Health Care Safety and Quality, or those providers
				  who are part of a facility or program operated by an agency of the Commonwealth
				  (
See
Part Three: Department of Mental Health Licencees, Bureau
				  of Health Care Safety and Quality Licensees, and Agencies of the
				  Commonwealth).
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 › Licensing Procedures and Requirements › Section 164.007 - Application Requirements for Licensure or Approval

Current through Register 1525, July 5, 2024
No person or entity may operate a separate identifiable
					 substance use disorder treatment program or hold themselves out or advertise as
					 operating as a substance use disorder treatment program without a License or
					 Approval from the Department.
Whoever knowingly operates such a program without obtaining
					 a License or Approval may be subject to penalties up to a fine of $500.00 for
					 the first offense and up to $1,000.00 for each subsequent offense or by
					 imprisonment for not more than two years or both.
(A) Applications for licensure or approval
				  shall be made in a form prescribed by the Department and include all supporting
				  documents required by
				  105 CMR 164.000.
(B) An application for an original License or
				  Approval shall not be approved until an applicant has been deemed suitable by
				  the Department.
(C) An application
				  for an original License or Approval 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 upon which the facility is located. For the
				  purposes of
				  105 CMR 164.000, "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;
(4) is a partner of a licensee organized as a
				  partnership; or
(5) is the Trustee
				  of a Trust.
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 › Licensing Procedures and Requirements › Section 164.008 - Application Submission

Current through Register 1525, July 5, 2024
(A) Applications
				  for licensure or approval shall be made in a format prescribed by the
				  Department, together with the required fee and any other documents and
				  materials required by
				  105 CMR 164.000 or that the
				  Department deems appropriate.
(B) A
				  nonrefundable fee shall accompany each application and shall be as follows:
(1) For each license application, excluding
				  satellite offices and medication units, $300;
(2) For each satellite office or medication
				  unit, $75.00.
(3) Licensed
				  Providers seeking to add a service, satellite office or medication unit to an
				  existing license shall submit documentation as required by the Department and
				  an application fee of $75 for each service, satellite office or medication
				  unit.
(4) No fee shall be required
				  when the applicant is the Commonwealth.
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 › Licensing Procedures and Requirements › Section 164.009 - Evaluation of Application and Suitability of Applicant or Licensed or Approved Provider

Current through Register 1525, July 5, 2024
(A) Upon receipt of
				  a complete application the Department shall evaluate the suitability of the
				  applicant or Licensed or Approved Provider including, but not limited to, the
				  following factors. A negative determination with respect to any one of the
				  factors constitutes an adequate ground for deeming an applicant or Licensed or
				  Approved Provider unsuitable to establish or maintain a substance use disorder
				  treatment program and upon which the Department may deny an initial or renewal
				  application for a License or Approval.
(1)
				  Past performance as a provider of substance use disorder treatment services,
				  based upon documentation of applicant's or Licensed or Approved Provider's:
(a) history of compliance with
				  105 CMR 164.000;
(b) history of providing substance use
				  disorder treatment services or other health care services, including provision
				  of services in other states;
(c)
				  ability to provide substance use disorder treatment services;
(d) history of response to correction orders
				  issued under
				  105 CMR
				  164.016;
(e) history of failure to provide services to
				  any individual when licensed or approved to provide such services;
				  and
(f) history of patient or
				  resident abuse, mistreatment or neglect in any licensed health care program or
				  facility.
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 › Licensing Procedures and Requirements › Section 164.010 - Inspections

Current through Register 1525, July 5, 2024
(A) The Department or its agents may visit at
				  any time without prior notice and inspect the facility, its staff, activities,
				  and records to determine compliance with
				  105 CMR 164.000 and
				  applicable state and federal laws.
(B) Applicants and Licensed or Approved
				  Providers shall provide Department inspectors with access to:
(1) The entire physical plant, including
				  those portions open to patients or residents and staff and those open only to
				  staff; and
(2) All information
				  including, but not limited to: records, and documentation related to the
				  provision of substance use disorder treatment services, and to the operation of
				  the program, including personnel records and documents relating to the licensed
				  legal entity. All such records and documentation shall be in English, legible,
				  and current to within five business days of the most recent provision of
				  service.
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 › Licensing Procedures and Requirements › Section 164.011 - Issuance of Licenses and Approvals

Current through Register 1525, July 5, 2024
(A) In
				  accordance with M.G.L. c. 111E, § 7, the Department shall not approve an
				  application for an original License unless the applicant can demonstrate need
				  for the substance use disorder treatment program based upon the following
				  factors:
(1) The health needs of drug
				  dependent persons and persons with alcohol use disorder, as defined in M.G.L.
				  c. 111B, § 3, in the Commonwealth, including underserved populations and
				  persons with co-occurring mental health conditions and substance use disorder;
				  and
(2) The demonstrated ability and
				  history of a prospective Licensed or Approved Provider to meet the needs of
				  such persons.
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 › Licensing Procedures and Requirements › Section 164.012 - Posting of a License or Approval

Current through Register 1525, July 5, 2024
Each Licensed or Approved Provider shall post the current
					 License or Approval issued by the Department in a conspicuous public place at
					 each service location.
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 › Licensing Procedures and Requirements › Section 164.013 - Transfer of Ownership

Current through Register 1525, July 5, 2024
(A)
Circumvention
. A transfer of ownership shall not be
				  recognized and the new owner shall not be considered suitable for licensure
				  when the Transfer of Ownership is proposed or made to circumvent the effect and
				  purpose of
				  105 CMR 164.000. The
				  Department shall consider the following factors in determining whether a
				  Transfer of Ownership has been proposed or made to circumvent
				  105 CMR 164.000:
(1) The transferor's record of compliance
				  with Department licensure laws and regulations;
(2) The transferor's current licensure
				  status;
(3) The transferor's
				  familial, business or financial relation to the transferee; and
(4) The terms of the
				  transfer.
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 › Licensing Procedures and Requirements › Section 164.014 - Change of Location

Current through Register 1525, July 5, 2024
(A) A Licensed or
				  Approved Provider may not move the delivery of any services licensed pursuant
				  to
				  105 CMR 164.000 to another
				  location without receiving express prior approval by the Department for each
				  proposed site.
(B) An application
				  submitted by a Licensed or Approved Provider for a change in location must be
				  filed with the Department at least 90 calendar days in advance in a manner
				  prescribed by the Department and shall be subject to all requirements of
				  initial licensure.
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 › Licensing Procedures and Requirements › Section 164.015 - Change of Program Name

Current through Register 1525, July 5, 2024
(A) A Licensed or
				  Approved Provider may not change the name of any program licensed pursuant to
				  105 CMR 164.000 without
				  receiving express prior approval by the Department.
(B) An application submitted by a Licensed or
				  Approved Provider for a change in name must be filed with the Department at
				  least 90 calendar days in advance in a manner prescribed by the Department and
				  shall comply with all applicable provisions of
				  105 CMR 164.000.
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 › Licensing Procedures and Requirements › Section 164.016 - Correction Orders

Current through Register 1525, July 5, 2024
The Department shall prepare a written deficiency
					 correction order for each violation of
					 105 CMR 164.000, M.G.L. c.
					 111E and M.G.L. c. 111B and send the deficiency correction order to the
					 Licensed or Approved Provider of record. The deficiency correction order shall
					 include a statement of the deficiencies found, the period within which the
					 deficiency must be corrected, which shall not exceed 60 calendar days, except
					 as provided for in
					 105 CMR
					 164.017(C), and the
					 provision(s) of law and/or regulation relied upon.
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 › Licensing Procedures and Requirements › Section 164.017 - Plan of C orrection

Current through Register 1525, July 5, 2024
(A) The Licensed or
				  Approved Provider shall submit a plan of correction to address each deficiency
				  within 14 calendar days, unless otherwise specified by the Department and, as
				  provided in 105 CMR 164.017(B), shall remedy or correct each deficiency cited
				  within 60 calendar days of receipt of the deficiency correction order. The
				  Department may modify the plan of correction by providing notice to the
				  Licensed or Approved Provider. The Licensed or Approved Provider may submit a
				  written request for administrative reconsideration of the modified plan of
				  correction, or any portion thereof, within seven calendar days of receipt of
				  notice.
(B) The plan of correction
				  shall set forth, with respect to each deficiency, the specific corrective
				  step(s) to be taken, a timetable for each step, and the date by which full
				  compliance will be achieved. The timetable and the compliance dates shall be
				  consistent with achievement of compliance in the most expeditious manner
				  possible. The plan of correction shall be signed by either the Licensed or
				  Approved Provider or his or her designee.
(C) Where, in the opinion of the Department,
				  the deficiency is not capable of correction within 60 calendar days, the
				  Licensed or Approved provider shall submit a written plan for correction of the
				  deficiency in a reasonable manner within 14 calendar days of such determination
				  by the Department. The plan of correction shall comply with 105 CMR 164.017(B).
				  The Department may modify the plan of correction by providing notice to the
				  Licensed or Approved Provider. The Licensed or Approved Provider may submit a
				  written request for administrative reconsideration of the modified plan of
				  correction, or any portion thereof, within seven calendar days of receipt of
				  notice.
(D)
Fines
. If a Licensed or Approved Provider fails to
				  remedy or correct a cited deficiency by the date specified in the deficiency
				  correction order or fails to remedy or correct a cited deficiency by the date
				  specified in a plan of correction as accepted or modified by the Department,
				  the Department may:
(1) Suspend, limit,
				  restrict or revoke the Provider's License or Approval;
(2) Impose a civil fine upon the Licensed or
				  Approved Provider not to exceed $1,000 per deficiency for each day the
				  deficiency continues to exist beyond the date prescribed for
				  correction;
(3) Pursue any other
				  sanction as the Department may impose administratively upon the Licensed or
				  Approved Provider; or
(4) Impose
				  any combination of the penalties set forth in 105 CMR 164.017(D)(1) through
				  (3).
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 › Licensing Procedures and Requirements › Section 164.018 - Administrative Penalties

Current through Register 1525, July 5, 2024
(A)
Summary Suspension
. The Department may summarily
				  suspend a License or Approval prior to a hearing if:
(1) In the opinion of the Department, the
				  violation of rules, regulation, deficiency correction orders, or plans of
				  correction jeopardizes the health, safety, and well-being of patients or the
				  public or seriously limits the capacity of a facility to provide adequate care;
				  or
(2) Where the violation of such
				  rules, regulation, deficiency correction orders, or plans of correction is the
				  second or subsequent such violation occurring during a period of 12
				  months.
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 › Licensing Procedures and Requirements › Section 164.019 - Grounds for Denial, Refusal to Renew, Restriction, Limitation, or Revocation of License or Approval

Current through Register 1525, July 5, 2024
In addition to
					 105 CMR 164.017(E)
					  and
					 164.018,
					 each of the following, in and of itself, shall constitute full and adequate
					 grounds to deny, revoke, limit, restrict, or refuse renewal of a License or
					 Approval:
(A) Failure to meet the
				  applicable requirements for licensure or approval as specified in
				  105 CMR 164.000.
(B) Failure to meet the requirements of
				  applicable federal or state law or regulations.
(C) Violating any applicable requirement of
				  105 CMR 164.000.
(D) Failure to give proper care to patients
				  or residents.
(E) Denying entry to
				  agents of the Department or attempting to impede the work of a duly authorized
				  representative of the Department.
(F) Knowingly making an omission of material
				  information or providing false or misleading statements orally or in writing to
				  the Department.
(G) Operating the
				  facility without a required License or Approval or after the expiration of a
				  License or Approval where the applicant or Licensed or Approved Provider has
				  not timely submitted an application for renewal.
(H) There is a reasonable basis for the
				  Department to conclude that there is a discrepancy between the representations
				  by a facility as to the treatment services to be afforded patients and the
				  treatment services actually rendered or to be rendered.
(I) Conviction of an applicant or Licensed or
				  Approved Provider, or a person with ownership or control interest in the
				  program, of Medicare or Medicaid fraud or other criminal offense related to
				  operating the program.
(J)
				  Conviction of an applicant or Licensed or Approved Provider, or a person with
				  ownership or control interest in the program, of a violent crime against a
				  person, which indicates that operation of the program may endanger the public
				  health or safety.
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 › Licensing Procedures and Requirements › Section 164.020 - Hearings

Current through Register 1525, July 5, 2024
(A) If the Department refuses to renew,
				  suspends, restricts, limits, or revokes licensure or approval, the Department
				  shall notify the applicant in writing of the following:
(1) the intended action;
(2) the reason(s) and ground(s) for the
				  action; and
(3) the aggrieved
				  provider's right to file a written request for an adjudicatory hearing in
				  accordance with M.G.L. c. 30A and the Standard Adjudicatory Rules and Practice
				  and Procedure,
				  801 CMR 1.01:
Formal Rules
.
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 › Licensing Procedures and Requirements › Section 164.021 - Commissioner and Judicial Review

Current through Register 1525, July 5, 2024
(A) The
				  Commissioner shall review the recommended decision of the hearing officer in
				  any adjudicatory proceeding conducted pursuant to
				  801 CMR 1.01:
Formal Rules
. The decision of the Commissioner shall
				  constitute a final agency decision in an adjudicatory proceeding, and is
				  subject to judicial review pursuant to M.G.L. c. 30A, § 14.
(B) An aggrieved provider or applicant that
				  fails to exercise the right to an adjudicatory proceeding pursuant to
				  105 CMR 164.020 waives
				  both the right to administrative review by the Commissioner and the right to
				  judicial review pursuant to M.G.L. c. 30A, § 14.
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 › Licensing Procedures and Requirements › Section 164.022 - Providing Information to the Department

Current through Register 1525, July 5, 2024
(A)
				  Each Licensed or Approved Provider shall timely submit management information
				  data in a manner prescribed by the Department including, but not limited to,
				  admissions, discharges, patient or resident characteristics, services and
				  outcomes, and staff patterns and characteristics. It shall also submit to the
				  Department such data, statistics, schedules, or information as the Department
				  may require for the purposes of licensing and/or monitoring and evaluating a
				  service as well as data required to meet federal reporting requirements
				  including, but not limited to, outcome data.
(B) Each Licensed or Approved Provider is
				  responsible for requesting patient or resident authorizations to ensure the
				  timely submission of data to the Department.
(C) All information submitted pursuant to the
				  requirements of
				  105 CMR 164.000 or
				  otherwise required by the Department shall be kept current by each Licensed or
				  Approved Provider.
(D) A licensee
				  who fails to furnish such data, statistics, schedules or information as the
				  Department requires, or who files fraudulent information, shall be punished by
				  a fine pursuant to M.G.L. c. 111B, § 6B or M.G.L. c. 111E, § 7, and
				  shall be subject to revocation of its license or approval under
				  105
				  CMR 164.019.
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 › Licensing Procedures and Requirements › Section 164.023 - Waivers

Current through Register 1525, July 5, 2024
(A) The Department may, in its discretion,
				  waive the applicability of one or more of the requirements of
				  105 CMR 164.000 as
				  requested by a Licensed or Approved Provider, upon a written finding that:
(1) compliance would cause undue hardship to
				  the provider, as documented by the Licensed or Approved Provider in a manner
				  defined by the Department;
(2) the
				  provider is in substantial compliance with the spirit of the requirement and
				  has instituted compensating features that are acceptable to the
				  Department;
(3) the provider's
				  noncompliance does not jeopardize the health, safety, or well-being of its
				  patients or residents and does not limit the provider's capacity to provide the
				  service; and (4) the provider provides to the Department written documentation
				  supporting its request for a waiver.
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 164.030 - Governance

Current through Register 1525, July 5, 2024
(A) The Licensed or Approved Provider shall
				  have a governing body which shall include members representative of the
				  communities served. The Licensed or Approved Provider shall maintain updated
				  articles of organization and by-laws, partnership, agreement or trust
				  instrument, as appropriate. The documents shall specify the organizational
				  structure of the governing body, and the methods of selecting its members. In
				  addition, the Licensed or Approved Provider shall maintain updated lists of the
				  names and addresses of the members of the governing body as well as minutes of
				  all meetings of the governing body and its members.
(B) If the Licensed or Approved Provider's
				  governing body is located outside of Massachusetts, the governing body shall
				  establish an advisory board in Massachusetts comprised of Massachusetts
				  residents representative of the community served.
(C) The Licensed or Approved Provider shall
				  maintain, and make available to any employee, patient, or resident an
				  organizational chart and written policy that describe the organizational
				  structure including lines of authority, responsibility, communication, and
				  staff assignment.
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 164.031 - Accreditation

Current through Register 1525, July 5, 2024
Licensed or Approved Providers who are subject to
					 accreditation by any state, federal or national organization shall obtain and
					 maintain their accreditation and shall provide documentation of the
					 accreditation to Department.