reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.160 - Registration

Current through Register 1525, July 5, 2024
Upon approval of an application, the Commissioner shall
				  register the temporary nursing service agency at each location approved for a
				  period of two years subject to renewal. The registration shall not be
				  transferable. The registrant shall comply with
				  105 CMR 157.000. A renewal
				  application filed in accordance with the provisions of
				  105 CMR
				  157.120 and
				  157.140 shall
				  have the effect of a registration until the application is acted upon by the
				  Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.170 - Denial, Revocation and Refusal to Renew Registration

Current through Register 1525, July 5, 2024
(A) A registration may be denied, revoked or
				refused renewal for cause which includes, but need not be limited to, any of
				the following:
(1) Failure to submit the
				required fees.
(2) Violation of any
				state statute pertaining to regulation of temporary nursing service
				agencies.
(3) Failure to comply
				with reporting requirements as may be established under 101 CMR 345.000:
Temporary Nursing Services
.
(4) Having outstanding fines, or otherwise
				violating 101 CMR 345.000:
Temporary Nursing
				Services
.
(5) Violation of
				any applicable provision of
				105 CMR 157.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › General Requirements › Section 157.200 - Administrator

Current through Register 1525, July 5, 2024
(A) The temporary nursing service agency, at
				each separate location thereof, shall have an administrator qualified by
				training, experience or education to operate the temporary nursing service
				agency.
(B) The administrator shall
				have the following responsibilities:
(1)
				contracting the services of the temporary nursing service agency to health care
				facilities;
(2) verifying that
				medical personnel assigned meet the requirements of
				105 CMR
				157.300;
(3) assigning medical personnel in
				conformance with
				105 CMR
				157.400;
(4) evaluating the performance of medical
				personnel in conformance with
				105 CMR
				157.500; and
(5) reporting as required under
				105 CMR
				157.600.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › General Requirements › Section 157.210 - Hours of Operation

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall maintain hours of
				  operation at each of its locations sufficient to meet the obligations under its
				  written agreements with health care facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › General Requirements › Section 157.220 - Written Agreements

Current through Register 1525, July 5, 2024
(A) Temporary
				nursing service agencies shall provide the services of medical personnel to
				health care facilities only under the terms of a written agreement with the
				facility.
(B) Written agreements
				shall include the following at a minimum:
(1)
				types and qualifications of medical personnel available for assignment through
				the temporary nursing service agency;
(2) any requirement for minimum advance
				notice in order to assure prompt arrival of assigned medical
				personnel;
(3) fees established
				under 101 CMR 345.000:
Temporary Nursing Services
;
(4) procedures for investigation and
				resolution of complaints about the performance of medical personnel assigned
				including interviews with the medical personnel who may be the subject of the
				complaint, and other relevant witnesses;
(5) procedures for notice from health care
				facilities of failure of medical personnel to report to assignments and for
				back-up staff in such instances; and
(6) procedures for notice of actual or
				suspected abuse, theft, tampering or other diversion of controlled substances
				by medical personnel. Such procedures shall include:
at a minimum that the administrator or his or her designee of
				  the health care facility shall immediately notify the Department's Drug Control
				  Program and file a report" in accordance with the guidelines of the Department.
				  Whenever a Agency employee is suspected of abuse, theft, tampering or other
				  diversion of controlled substances, the administrator of the health care
				  facility shall also send a copy of the report to the Agency for filing in the
				  personnel record of the Agency employee.
(7) a program for monitoring the quality of
				the temporary nursing service agency's performance which may include
				questionnaires or other survey of health care facilities with which the
				temporary nursing service agency has written agreements;
(8) the requirements of written agreements as
				stated in 101 CMR 345.000:
Temporary Nursing
				Services
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.300 - Current Registration, License or Certification

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall establish policies
				  and procedures to verify that all medical personnel maintain current licenses,
				  registrations or certifications as applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.310 - Pre-employment Physical and Testing for Communicable Disease

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall establish policies
				  and procedures to verify that all medical personnel have undergone
				  pre-employment physicals and testing for communicable diseases as required by
				  the Department, based upon and prior to assignment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.320 - Personnel Records

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall maintain a record
				  for each of the medical personnel it assigns to health care facilities. Such
				  record shall include:
(A) evidence of
				current registrations, professional licensure or certification as
				applicable;
(B) evidence that the
				individual has completed pre-employment physical and testing for communicable
				disease as applicable;
(C) evidence
				of a background or reference check;
(D) copies of reports required under
				105 CMR 157.220(B)(6)(b)
				 and
				157.600;
				and
(E) copies of annual
				performance reviews required under
				105 CMR
				157.500.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.400 - Assignment Procedures

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall maintain written
				  procedures for meeting health care facility requests for medical personnel,
				  including usual minimum notice time before medical personnel can be assigned
				  and procedures for back-up if an assignment is not fulfilled.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.500 - Personnel Performance Review

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall establish a
				  procedure for annually assessing its performance of medical personnel it
				  assigns to a health care facility, including at a minimum:
(A) review and response to any facility
				complaints about agency staff medical personnel;
(B) a record of agency staff the reliability
				medical personnel in fulfilling assignments; and
(C) on-site assessments of medical personnel
				placed in health care facilities on each shift for which medical personnel are
				assigned.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.510 - Agency Performance Review

Current through Register 1525, July 5, 2024
The temporary nursing service agency shall establish a
				  procedure for annually assessing its performance under the terms of written
				  agreements developed with health care facilities to which the agency assigns
				  medical personnel. This review shall include at a minimum:
(1) reports on complaints from contracting
				health care facilities and their resolution; and
(2) record of response to requests for
				assignment of medical personnel to health care facilities.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Personnel Procedures › Section 157.600 - Reporting Requirements

Current through Register 1525, July 5, 2024
(A)
Suspected Abuse, Theft, Tampering or Other Diversion of Controlled
				Substances
. Whenever the Agency administrator has knowledge of an
				incident of suspected abuse, theft, tampering or other diversion of controlled
				substances and has reason to believe that no written report has been filed with
				the Department, he or she shall immediately notify the Department's Drug
				Control Program and file a report in accordance with the guidelines of the
				Department in writing within seven days.
(B)
Poor Nursing
				Practice
. The temporary nursing service agency shall notify the
				Board of Registration in Nursing in writing of the name, license number, and
				circumstances, including the date or dates of the occurrence and the names of
				relevant witnesses and patients; and shall provide such other information and
				documentation, including but not limited to patient medical records, as the
				Board may require, within seven days of having knowledge of or a reasonable
				basis to suspect a nurse of poor nursing practice. Poor nursing practice shall
				include failure to adhere to standards of conduct for nurses set forth at
				244 CMR
				9.03:
Standards of Conduct for
				Nurses
and conduct that constitutes grounds for discipline set forth
				in
				244 CMR
				7.00:
Action on Complaints
.
(C)
Alleged Violations of the
				Patient Abuse Law
. A temporary nursing service agency that
				receives a report of suspected abuse, neglect, mistreatment or misappropriation
				as defined by M.G.L. c. 111, § 72F from a health care facility with which
				it has or had a contract regarding any of the temporary nursing service
				agency's employees or former employees shall ensure that the health care
				facility has made a report to the Department as required. If the temporary
				nursing agency is not able to determine that a report has been made, or the
				temporary nursing service agency receives such a report from one of its medical
				personnel or a source other than a health care facility to which it has
				assigned medical personnel, the temporary nursing service agency shall make a
				report directly to the Department in accordance with the requirements of M.G.L.
				c. 111, § 72G.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Department Review and Investigation › Section 157.700 - Department Review and Investigation

Current through Register 1525, July 5, 2024
(A)
				All records shall be complete, accurate, current, and available on the premises
				of the temporary nursing service agency for inspection and maintained in a form
				and manner approved by the Commissioner.
(B) The Commissioner may visit the temporary
				nursing service agency to inspect the agency's records during the course of
				normal business hours.
(C) Records
				of the temporary nursing service agency are to be made available upon request
				by the Commissioner.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Department Review and Investigation › Section 157.800 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				  105 CMR 157.000 are
				  severable. If any provision in
				  105 CMR 157.000 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 158.000 - Licensure of Adult Day Health Programs › Section 158.001 - Purpose and Scope

Current through Register 1525, July 5, 2024
(A) The purpose of
			 105 CMR 158.000 is to set
			 forth the licensure and suitability requirements and standards for maintenance
			 and operation for Adult Day Health Programs.
(B)
								105 CMR 158.000 applies to
			 the licensure of all persons who seek to or who currently own and operate Adult
			 Day Health Programs in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 158.000 is adopted
				under the authority of M.G.L. c. 111, § 3 and St. 2011, c. 87 as amended
				by St. 2012, c. 239, § 21.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 158.000 will be
				known, and may be cited as,
				105 CMR 158.000:
Licensure of Adult Day Health Programs
.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.005 - Requirement for a License

Current through Register 1525, July 5, 2024
(A) No person shall
			 establish or maintain a Program without having obtained an original license
			 from the Department, except in accordance with 105 CMR 158.005(B).
(B) A Program operating prior to January 2,
			 2015 shall:
(1) Submit an application for an
			 original license in accordance with
			 105 CMR 158.000 on or
			 before May 1, 2015; and
(2) Comply
			 with all requirements of
			 105 CMR 158.000 on or
			 before May 1, 2015, except:
(a) requirements
			 specifically waived in accordance with
			 105 CMR
			 158.029(B); and
(b) requirements that the Program
			 specifically identifies in an attestation filed in accordance with 105 CMR
			 158.005(D).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.006 - Application for a License

Current through Register 1525, July 5, 2024
(A) Applications for
			 licensure shall be made on forms prescribed by, and available from, the
			 Department. The term
Application
as used in
			 105 CMR 158.000 shall
			 include original and renewal applications. Every original application shall be
			 signed under the pain and penalty of perjury either by each applicant as
			 defined in
			 105 CMR 158.004, 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:
(1) Any information concerning
			 ownership or control, as the Department may require; and
(2) Any information required by the
			 Department as part of the application package.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.007 - Other Licensing Requirements

Current through Register 1525, July 5, 2024
As a prerequisite for a license, an applicant or licensee shall
				obtain current local board of health certificate(s), as applicable, a current
				occupancy permit, and a current local fire inspection
				certificate.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.008 - Ownership Interest of Applicant or Licensee

Current through Register 1525, July 5, 2024
An applicant or licensee shall be the owner of the premises on
				which the Program is operated, or at least, as a lessee of the premises, have
				such rights and duties over the premises as the Commissioner or his or her
				designee finds necessary for the operation of a Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.009 - 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,
			 if applicable, submitted by the applicant meet the requirements of
			 105 CMR 158.000;
			 and
(3) The applicant has paid all
			 required fees.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.010 - Evaluation of Application

Current through Register 1525, July 5, 2024
The Department shall not approve an application for an original
				license, a renewal license, or a license due to transfer of ownership unless
				the Commissioner or his or her designee has conducted an inspection or other
				investigation and has determined that the applicant complies with
				105 CMR 158.000, except in
				accordance with
				105 CMR
				158.005(B), and is suitable
				and responsible to establish or maintain a Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.011 - Right to Visit and Inspect

Current through Register 1525, July 5, 2024
(A) The Department
			 or its agents may visit and inspect a Program or applicant at any time without
			 prior notice in order to determine the Program's or applicant's compliance with
			 state law and
			 105 CMR 158.000. A Program
			 shall provide the Department with access to all parts of the Program facility
			 and shall make all staff and all records available to the Department.
			 Application for licensure shall constitute permission for such visit and
			 inspection. The form on which such application is made shall contain a
			 statement which advises any person seeking a license of such effect of an
			 application.
(B) A Program shall
			 make available to the Department all information that may be relevant to a
			 Department investigation of any incident or complaint.
(C) A Program shall facilitate, and shall
			 cooperate with, the Department's inspection of the Program, the Department's
			 investigation of any incident or complaint, and the Department's interview of
			 Program personnel and other witnesses.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.012 - Deficiency Statements

Current through Register 1525, July 5, 2024
After every inspection in which any violation of
				105 CMR 158.000 is
				observed, the Commissioner or his or her designee shall prepare a deficiency
				statement citing every violation observed, a copy of which shall be provided to
				the Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.013 - Plan of Correction

Current through Register 1525, July 5, 2024
(A) A Program shall
			 submit to the Department a written plan of correction of any violations cited
			 in a deficiency statement prepared pursuant to
			 105 CMR
			 158.012 within ten business days after
			 receipt of the deficiency statement.
(B) Every plan of correction shall set forth,
			 with respect to each deficiency, the specific corrective step(s) to be taken, a
			 timetable for such steps, and the date by which compliance with
			 105 CMR 158.000 will be
			 achieved, as specified in guidelines of the Department. The timetable and the
			 compliance dates shall be consistent with achievement of compliance in the most
			 expeditious manner possible.
(C)
			 The Commissioner or his or her designee shall review the plan of correction for
			 compliance with the requirements of
			 105 CMR 158.000 and shall
			 notify the Program of either the acceptance or rejection of the plan. An
			 unacceptable plan must be amended and resubmitted within five business days of
			 the date of notice.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.014 - Updating of Information

Current through Register 1525, July 5, 2024
A licensee shall keep all information required by
				105 CMR 158.000 or
				otherwise required by the Commissioner or his or her designee current. A
				licensee shall report any changes in or additions to the content of the
				information contained in any document required to be filed to the Department
				within 30 days of such change or addition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.016 - Grounds for Suspension of License to Operate an Adult Day Health Program

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 that there is jeopardy at a Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.017 - Grounds on which to Deny, Revoke, or Refuse to Renew a License to Operate an Adult Day Health Program

Current through Register 1525, July 5, 2024
(A) Each of the
			 following, in and of itself, shall constitute full and adequate grounds on
			 which to deny, revoke, or refuse to renew a license to operate a Program:
(1) The applicant or licensee is not suitable
			 or responsible to operate a Program.
(2) The applicant or licensee has failed to
			 remedy or correct a cited violation by the date specified in a written notice
			 from the Department, or by the date specified in the plan of correction
			 accepted or modified by the Department, unless the applicant or 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.
(3) There are deficiencies in the Program
			 which jeopardize the health or safety of participants.
(4) There are deficiencies in the Program
			 which seriously limit the capacity of the Program to provide adequate
			 care.
(5) The Program has been
			 found in violation of the same or a similar regulation twice or more within a
			 12 month period.
(6) The Program
			 has been denied, or does not maintain, a local board of health certificate,
			 occupancy permit, or local fire inspection certificate.
(7) The Program has failed to comply with the
			 requirements of
			 105 CMR 158.000.
(8) 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:
(a) Abuse, mistreatment or neglect
			 of any person;
(b) Rape, felonious
			 assault, or any other felony against a person; or
(c) A felony involving the misuse of funds in
			 connection with the Medicaid or Medicare program, including but not limited to,
			 those offenses set forth in M.G.L. c. 118E, §§ 39 and 40 and the
			 misuse of participant funds.
(9) The licensee has changed the location of
			 a Program without prior approval of the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.018 - Limiting Enrollment

Current through Register 1525, July 5, 2024
(A) If the
			 Commissioner or his or her designee determines that a Program does not
			 substantially comply with applicable licensure regulations, the Commissioner or
			 his or her designee, in
lieu
of revoking or refusing renewal
			 of the Program's license, may provide that the Program shall not enroll any
			 participants after a date specified by the Commissioner or his or her
			 designee.
(B) The Commissioner or
			 his or her designee shall not make a decision to limit enrollment until the
			 licensee, or the applicant who signed the licensure application, has been
			 notified that the Program does not substantially meet the provisions of
			 applicable licensure regulations and that a decision to limit enrollments is
			 contemplated, and the licensee or applicant has had a reasonable opportunity to
			 correct the deficiencies.
(C) A
			 decision that a Program shall not enroll any participants after a date
			 specified by the Commissioner or his or her designee shall be rescinded when
			 the Commissioner or his or her designee finds that the Program is in
			 substantial compliance with the provisions of applicable licensure
			 regulations.
(D)
Procedure for Limiting Enrollment
.
(1) If the Commissioner or his or her
			 designee determines the licensee should limit or cease all further enrollment
			 to the Program, pursuant to 105 CMR 158.018, the Commissioner or his or her
			 designee shall issue an Agency Notice of Action pursuant to
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
(2) Upon written request, the licensee shall
			 be afforded an opportunity to be heard concerning the order to limit or cease
			 enrollment. Such a hearing, if requested, shall be initiated by filing a Claim
			 for Adjudicatory Proceeding pursuant to
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
within 14 calendar days
			 of receipt of notice of the decision to limit enrollment.
(3) Enrollment shall remain limited pending
			 the hearing officer's decision on the appeal which shall be made within 21
			 calendar days of the close of the hearing.
(4) If the hearing officer finds that the
			 Department has proved by preponderance of the evidence that the subject Program
			 was not in substantial compliance with applicable licensure regulations at the
			 time the determination was made, the hearing officer shall uphold the decision
			 of the Commissioner or his or her designee to limit enrollment.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.019 - Procedure for the Suspension or Revocation of a License, Refusal to Renew a License, and Denial of a License

Current through Register 1525, July 5, 2024
(A) If the
			 Commissioner or his or her designee determines that a licensee is not suitable
			 or responsible or that a license should be suspended, revoked, or refused
			 renewal pursuant to
			 105 CMR 158.000, the
			 Commissioner or his or her designee shall issue an Agency Notice of Action,
			 pursuant to
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
(B) Upon written request, the licensee shall
			 be afforded an opportunity to be heard concerning the suspension, revocation,
			 or refused renewal of a license by the Commissioner or his or her designee.
			 Such a hearing, if requested, shall be initiated by filing a Claim for
			 Adjudicatory Proceeding 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, revocation, or refused
			 renewal.
(C) In cases of suspension
			 of a license, the hearing officer shall determine whether the Department has
			 proved by a preponderance of the evidence that jeopardy existed immediately
			 prior to or at the time of the suspension.
(D) In cases of revocation of or refusal to
			 renew a license, the hearing officer shall determine whether the Department has
			 proved by a preponderance of the evidence that the license should be revoked or
			 refused renewal, based on relevant facts as they existed at or prior to the
			 time the Commissioner or his or her designee issued the Agency Notice of
			 Action.
(E)
License
			 Denial
.
(1) Upon receipt of
			 notice that an application for licensure hereunder has been denied, an
			 applicant may appeal to a hearing officer by filing a Claim for Adjudicatory
			 Proceeding in accordance with
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
(2) In cases of denial of an original
			 license, the hearing officer shall determine whether the applicant has proved
			 by preponderance of the evidence that he or she is suitable and responsible for
			 licensure under
			 105 CMR 158.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.020 - Participant Notification

Current through Register 1525, July 5, 2024
(A) At the direction
			 of the Department, whenever it appears likely that a renewal license denial or
			 revocation action commenced pursuant to
			 105 CMR 158.000 will result
			 in the discharge of participants, the Program shall provide a written notice,
			 in accordance with guidelines of the Department, to inform each participant of:
(1) The status of the action;
(2) The timetable and procedures for the
			 discharge process; and
(3) The
			 Department representative to contact with respect to the discharge
			 process.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.021 - 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
				Program licensed by the Department, or whenever the license of any applicant or
				licensee has been revoked or denied or refused, the applicant or licensee may
				not establish or maintain any Program subject to licensure by the Department
				for a period of time to be determined by the Department. An applicant or
				licensee may establish or maintain a Program thereafter only if he or she
				demonstrates to the Department that his or her circumstances have significantly
				changed such that he or she has become suitable and responsible to establish or
				maintain a Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.022 - Non-transferability of License

Current through Register 1525, July 5, 2024
(A) Each license
			 shall be valid only in the possession of the licensee to whom it is issued and
			 shall not be subject to sale, assignment, or other transfer, voluntary or
			 involuntary.
(B) The licensee shall
			 notify the Department at least 90 days in advance of any change in location of
			 the Program. A licensee may not change the location of a Program without prior
			 approval of the Department.
(C) The
			 license shall be returned by registered mail to the Department immediately
			 upon:
(1) Receipt of a renewal
			 license;
(2) Revocation of or
			 refusal to renew the license;
(3)
			 Change of location;
(4) Transfer of
			 ownership;
(5) Change of
			 name;
(6) Closure or other
			 termination of the licensee's existence or authority to operate; or
(7) Change in Program capacity.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.023 - Transfer of Ownership

Current through Register 1525, July 5, 2024
(A) At least 90
			 calendar days in advance of any transfer of ownership, any applicant who
			 intends to acquire a Program shall submit a Notice of Intent to the Department
			 on a form supplied by the Department.
(B) Any applicant for a license as a result
			 of any transfer of ownership shall file an application for licensure at least
			 45 days before the transfer.
(C) A
			 license application filed as a result of a transfer of ownership, if timely
			 filed and complete, shall have the effect of a license from the date of
			 transfer or until such time as the Department takes action on the application.
			 If not timely filed or complete, such an application shall not have such
			 effect.
(D) The applicant shall
			 submit proof of transfer to the Department within 48 hours of the transfer of
			 ownership of a Program.
(E) Any
			 notice of hearing, order, or decision which the Department or the Commissioner
			 or his or her designee issues for a Program prior to a transfer of ownership
			 shall be effective against the former owner prior to such transfer and, where
			 appropriate, the new owner, following such transfer unless said notice, order,
			 or decision is modified or dismissed by the Department or by the Commissioner
			 or his or her designee.
(F) A
			 transfer of ownership shall not be recognized and the new owner shall not be
			 considered suitable for licensure when the transfer is proposed or made to
			 circumvent the effect and purpose of
			 105 CMR 158.000, as
			 determined by the Department. The Department shall consider the following
			 factors in determining whether a transfer has been proposed or made to
			 circumvent the regulations:
(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, and/or financial relation to the
			 transferee;
(4) The terms of the
			 transfer; and
(5) The consequences
			 of the transfer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.024 - Voluntary Closure

Current through Register 1525, July 5, 2024
(A) The licensee or
			 his or her designee shall notify the Department of its intent to close a
			 Program and file a closure plan at least 70 days in advance of a proposed
			 closure date. Notice to the Department and the closure plan shall be subject to
			 the Department's approval, and shall be in addition to notification
			 requirements established pursuant to
			 130
			 CMR 404.000:
Adult Day Health Services
and 450.00:
Administrative and Billing Regulations
and Massachusetts General Laws regarding withdrawal from participation in the
			 MassHealth plan.
(B) In the event
			 of a voluntary closure, a Program shall comply with requirements stated in
			 105 CMR
			 158.034(F)(4). Anynotice to
			 participants required by
			 105 CMR
			 158.034(F)(4)  shall be
			 provided at least 60 days prior to closure.
(C) The Program shall provide copies of all
			 appropriate medical records to participants upon discharge.
(D) The Program's failure to comply with the
			 notice provisions or to implement an approved closure plan prior to the 60 day
			 notice period as specified in 105 CMR 158.024(B), may result in a finding that
			 an emergency exists. Furthermore, failure to assure appropriate notice to and
			 referral and transfer of all participants may result in a finding of
			 neglect.
(E) If a Program intends
			 to cease operation for any period of time, the Program shall obtain written
			 approval from the Commissioner or his or her designee for a specified period at
			 least 30 days prior to closure. If emergency circumstances are such that it is
			 not possible to obtain approval from the Commissioner prior to closing, such
			 approval shall be obtained within 72 hours of closing. Failure to obtain
			 approval and closure of the program for more than seven days shall constitute
			 abandonment of license.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.025 - Name of Program

Current through Register 1525, July 5, 2024
(A) A Program shall
			 be designated by a distinctive name which shall appear on the Program's
			 application and license. To avoid public confusion or misrepresentation, this
			 name shall not be changed without the prior approval of the Commissioner or his
			 or her designee. Such name shall appear on all listings, advertisements, and
			 stationery.
(B) The name of a
			 Program shall not tend in any way to mislead the public as to the type or
			 extent of care provided by the Program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.026 - Licensed Program Capacity

Current through Register 1525, July 5, 2024
(A) The Department
			 shall determine the licensed program capacity for a Program based on the square
			 footage of the participant area as specified in
			 105 CMR
			 158.045(B). As used in 105
			 CMR 158.026, licensed program capacity is not a form of a license within the
			 meaning of M.G.L. c. 30A, § 13.
(B) In cases where a permanent reduction or a
			 temporary reduction of the square footage of the participant area is necessary
			 for any reason:
(1) A Program shall notify the
			 Department in writing of the reduction in square footage, the reason for the
			 reduction in square footage, and the estimated length of time of the reduction
			 in square footage; and
(2) On
			 receipt of this notification the Department will establish a revised licensed
			 program capacity or take other such actions as the Department determines
			 appropriate.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.027 - Posting of License, Certificate of Inspection, and Related Documents

Current through Register 1525, July 5, 2024
A Program shall maintain a board suitable for posting notices
				and other written materials in an area of the premises accessible to
				participants, employees, and visitors. Such notices and materials as may be
				required by the Commissioner or his or her designee shall be conspicuously
				posted thereon and include, but are not limited to, the following:
(A) A framed, current license, or if the
			 Program is operating under an application, the most recent license and a copy
			 of such application;
(B) Any
			 notices, orders, statements of deficiencies, plans of corrections, or decisions
			 issued by the Department or other federal, state, and local authority within
			 two years that pertain to the Program;
(C) Participants rights;
(D) Names, addresses, and telephone numbers
			 of all pertinent State advocacy groups including:
(1) The Department's licensure office
			 complaint unit;
(2) Elder abuse
			 hotline;
(3) Disabled Person
			 Protection Commission;
(4) Attorney
			 General's Medicaid fraud complaint line;
(5) Department of Elder Affairs Community
			 Care Ombudsman Program; and
(6)
			 Local Aging Services Access.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.028 - Restrictions

Current through Register 1525, July 5, 2024
(A) A Program may not utilize any portion of
			 its participant area for any purpose other than providing Services during the
			 Program hours of operation.
(B) A
			 Program may not utilize any portion of its participant area for the purpose of
			 running a business other than the business of providing Services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.029 - Special Projects and Waivers

Current through Register 1525, July 5, 2024
(A) A Program may
			 submit a proposal for a special project for innovative delivery of Services
			 related to the Program. However, no such proposal shall be implemented without
			 prior written approval of the Department. Such proposals shall be approved only
			 on an experimental basis and subject to renewal of approval by the Department
			 at such time periods as the Department shall determine.
(B) The Commissioner or his or her designee
			 may, to the extent allowable by state or federal law, waive the applicability
			 to a particular Program of one or more of the requirements imposed by
			 105 CMR 158.000 upon
			 finding that:
(1) The Program's non-compliance
			 does not jeopardize the health or safety of its participants and does not limit
			 the Program's capacity to provide adequate care;
(2) The Program has instituted compensating
			 features or has undertaken a special project under 105 CMR 158.029(A)
			 acceptable to the Department;
(3)
			 Compliance would cause undue hardship to the Program; and
(4) The Program provides to the Commissioner
			 or his or her designee written documentation supporting its request for a
			 waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.031 - Administrative Records, Reporting Requirements, and Policies and Procedures

Current through Register 1525, July 5, 2024
(A) A Program shall maintain administrative
			 records including the following:
(1) The
			 names and number of participants enrolled;
(2) The names and number of participants
			 waiting for service commencement;
(3) The names and number of
			 personnel;
(4) Incident
			 reports;
(5) Complaint and
			 grievance reports;
(6) A personnel
			 file on each staff person and volunteer, as specified under
			 105 CMR
			 158.000;
(7) Contracts for therapy, nutritional, and
			 other services;
(8) Daily
			 attendance records; and
(9) Other
			 records as may be required by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.032 - Adult Day Health Staffing Requirements

Current through Register 1525, July 5, 2024
(A) A
			 Program shall ensure adequate staff are on duty at all times so that the
			 health, safety, and care needs of each participant are met.
(B)
Licensed Nursing
			 Staff
.
(1) All Programs shall
			 provide sufficient, licensed nursing staff to ensure that preventive measures,
			 treatments, medications, nutritional care, rehabilitation services, therapeutic
			 activities, and related services are carried out, recorded, and reviewed, in
			 accordance with participant assessments and plans of care.
(a) A Program must ensure licensed nursing
			 staff are on-site for a minimum of eight hours per day, four of which must be
			 provided by a registered nurse. The balance of the coverage may be provided by
			 a licensed practical nurse.
(b)
			 When the census reaches 35 members or more, the Program must provide nursing
			 coverage on-site for a minimum of 12 hours per day, four hours of which must be
			 provided by a registered nurse.
(c)
			 When the census reaches 50 members or more, the Program must provide nursing
			 coverage on-site for a minimum of 16 hours per day, eight hours of which must
			 be provided by a registered nurse.
(d) When the census reaches over 75 members,
			 the Program must increase the nursing coverage in proportion to the
			 requirements listed in 105 CMR 158.032(B)(1)(a) through (d).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 158.000 - Licensure of Adult Day Health Programs › Section 158.033 - Staff Qualifications and Responsibilities

Current through Register 1525, July 5, 2024
(A) All personnel shall be currently
			 licensed, registered, or deemed competent in accordance with applicable laws,
			 licensure, registration, or competency requirements, and
			 105 CMR 158.000.
(B) All Program personnel in direct contact
			 with participants shall be trained in emergency procedures and licensed nurses
			 and Program Aides shall be certified in cardiopulmonary resuscitation (CPR) and
			 basic first aid by an approved instructor.
(C) All personnel shall be assigned duties
			 that are consistent with their training, experience, and written job
			 description, and within their scope of practice.
(D)
Registered
			 Nurse
.
(1) A Program's registered
			 nurse(s) shall have at least two years of recent experience in the direct care
			 of adults or chronically disabled persons.
(2) The minimum responsibilities of the
			 Program's registered nurse(s) include:
(a)
			 Provision and supervision of all nursing services;
(b) Supervision of staff;
(c) Coordinating the completion of, and
			 ensuring the accuracy of, each participant's assessment;
(d) Coordinating the development, ongoing
			 review, and revision of each participant's plan of care;
(e) Ensuring that nursing notes are written
			 at least one time per month or more often as necessary to reflect each
			 participant's health care status;
(f) Responding appropriately to any acute
			 changes in a participant's health or functioning;
(g) Providing appropriate health care
			 education for each participant and legally authorized representative;
(h) Assisting as necessary in the delivery of
			 other Services;
(i) Ensuring
			 ongoing education, training, and professional development of all Program staff
			 that is relevant to care of participants;
(j) Obtaining, reviewing, and implementing
			 primary care provider orders;
(k)
			 Coordinating the participant's care with the primary care provider and, if
			 applicable, community service providers;
(l) Supervising medication management
			 services; and
(m) Developing
			 medication policies and procedures, in accordance with
			 105 CMR
			 158.039.