reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.05 - Certification

Current through Register 1525, July 5, 2024
(1) The purpose of
				the certification process is to review the quality of supports for the discrete
				service or support described in
				115 CMR 8.01. The
				Department shall review a provider's achievement in meeting the certification
				indicators when it is conducting the licensure review every two years. The
				Department's bi-annual certification reviews shall alternate between a full
				certification survey when all certification indicators are reviewed and a
				review of only the certification indicators that were not met in the previous
				certification survey.
(2) Upon
				completion of the survey under
				115 CMR
				8.03 and the receipt and review of all
				required documentation to the satisfaction of the Department, the Department
				shall certify the overall quality of the services and support described in
				115 CMR 8.01 if it meets or
				exceeds applicable certification standards.
(3) The certification shall be valid for the
				same term as the license issued to the provider for the same service or support
				under
				115 CMR 8.04.
(4) Notwithstanding 115 CMR 8.05(1), any new
				service shall be subject to a full certification survey by the
				Department.
(5) The Department
				shall publish and may modify from time to time the certification standards and
				the criteria and methodology for achieving certification.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.06 - Targeted Review and Self-assessment Process

Current through Register 1525, July 5, 2024
(1) A provider with a two-year license is
				eligible to renew that license through the targeted review and self-assessment
				process both of which are required. The targeted review is conducted by the
				Department and the self-assessment is conducted by the provider.
(2) In a targeted review, the Department
				shall conduct a survey in accordance with
				115 CMR 8.03(4)
				 to review all critical indicators and the
				licensure indicators that were not met by the provider in its previous survey
				and shall conduct a certification review only if a full certification survey is
				required under
				115 CMR
				8.05(1).
(3) In a self-assessment, the provider shall
				review, using the self-assessment guidelines established by the Department, all
				licensure indicators. The provider shall also review those certification
				indicators that were not met in its previous survey unless the Department is
				conducting a full certification survey pursuant to 115 CMR 8.06(2). Upon
				completion of the self-assessment, the provider shall submit to the Department
				its ratings of all indicators reviewed together with a detailed and
				comprehensive description of the provider's on-going quality assurance system
				and self-assessment process. The submission must include the evidence used by
				the provider to justify its rating for each indicator reviewed.
(4) Where an indicator is rated by both the
				Department and provider, the Department's rating shall be the determinative
				rating.
(5) The Department shall
				review the adequacy of the provider's quality assurance system and
				self-assessment. Ratings from the targeted review and self-assessment will be
				combined to determine in accordance with
				115 CMR 8.04 the
				licensure level for the provider. The provisions of
				115 CMR 7.03(5) through
				(10) shall apply to the targeted review and
				self-assessment process.
(6)
				Providers issued a two-year license through the targeted review and
				self-assessment process shall be subject to a full licensure and certification
				survey at their next survey cycle.
(7) The Department may require a full
				licensure and certification survey when there has been a change in circumstance
				since the provider's previous survey. A change in circumstance includes, but is
				not limited to, change in leadership of the provider, merger or consolidation
				of the provider with another provider, increase in incidents, restraints, or
				substantiated investigations, contract performance issues, and the addition of
				services not reviewed through the previous survey.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.07 - Administrative Reconsideration

Current through Register 1525, July 5, 2024
(1)
				Within ten working days after receipt of the final provider report, the
				provider may file a written request for an administrative reconsideration with
				the regional quality enhancement director in all cases except with respect to a
				decision of non-licensure. Decisions of revocation or denial of licensure are
				subject to a separate review and appeal through
				115 CMR 8.08
				and are not subject to administrative reconsideration.
(2) The basis for a request for
				administrative reconsideration shall be disagreement with:
(a) the facts or the conclusions in the
				provider report;
(b) the timelines
				for follow-up; and/or
(c)
				correction of the areas needing improvement.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.08 - Review and Appeal

Current through Register 1525, July 5, 2024
(1) All
				recommendations to deny a license, deny the renewal of a license or revoke a
				license are subject to a joint review by the deputy commissioner, the assistant
				commissioners for quality management and operations, and the general counsel
				prior to being presented for a decision by the commissioner.
(2) All decisions to deny a license, deny the
				renewal of a license or revoke a license shall be issued in writing by the
				commissioner and include the effective date. The decision shall be accompanied
				by a report that describes the specific areas in which the provider has failed
				to comply with the licensure requirements of the Department. The provider shall
				be notified of the right to an adjudicatory hearing to appeal the
				decision.
(3) A decision to deny a
				license, deny renewal of a license or revoke a license shall result in the
				non-issuance or termination of the provider's license to operate the surveyed
				services and supports.
(4) Within
				ten days of receipt of the decision to deny a license, deny renewal of a
				license or to revoke a license, the provider may appeal the decision by filing
				a written request for a hearing with the commissioner. The appeal shall
				identify the appellant, clearly and concisely state the facts and regulations
				that the provider is relying as grounds for the appeal, and be signed by an
				authorized representative of the provider. An appeal shall be considered waived
				if an appeal is not filed within ten days and a final agency decision may enter
				without further notice.
(5) The
				Department shall file a request for a hearing before the Division of
				Administrative Law Appeals within 30 days from receipt of the appeal. The
				hearings shall be held in accordance with the applicable provisions of M.G.L.
				c. 30A.
(6) The filing of an appeal
				shall not operate as a stay of the decision; however, the commissioner may stay
				the decision upon written request from the provider if a stay would not
				jeopardize the health, safety or welfare of the individuals served by the
				provider.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.09 - Waiver

Current through Register 1525, July 5, 2024
(1) Except as
				otherwise provided in
				115 CMR 7.00:
Standards for All Services and Supports
and 8.00, no waiver
				may be granted by the Department without a petition by the provider and a
				determination by the Department that:
(a) the
				health, safety, or welfare of individuals served and staff will not be
				adversely affected by granting the waiver; and
(b) the provider, in petitioning for the
				waiver, has stated an alternative standard which is found by the Department to
				result in a comparable quantity and quality of services and supports, and to
				which the provider agrees to be held accountable to the same degree and manner
				as any provision of 115 CMR.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.10 - Approval to Occupy

Current through Register 1525, July 5, 2024
(1) An approval to
				occupy from the Department is required for all sites providing services and
				supports that are subject to licensure by the Department and are owned, rented
				or leased by the provider.
(2) An
				approval to occupy is required prior to occupancy of:
(a) any proposed site for the provision of
				new services and supports; and
(b)
				any new location for a licensed service or support that is proposed to be
				opened between licensing surveys.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.11 - Operation of Unlicensed Services and Supports

Current through Register 1525, July 5, 2024
(1) When the Department has reason to believe
				that a provider is operating a service or support without a valid and current
				license required by
				115 CMR 8.00 or without a
				pending application for licensure with the Department, the Department may,
				within 30 days of notifying the provider:
(a)
				notify the District Attorney with jurisdiction over the provider that the
				provider is operating in violation of M.G.L. c. 19B, § 15;
				and/or
(b) petition the Superior
				Court with jurisdiction over the provider for an order directing the provider
				to cease its operation or to take such other actions as may be necessary in the
				interest of the individuals served; and/or
(c) arrange for adequate and appropriate
				alternative services and supports for the individuals served by the unlicensed
				provider.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.12 - Inspections by the Department

Current through Register 1525, July 5, 2024
Any employee of the department authorized by the commissioner
				  may visit, inspect, and survey the location where services and supports subject
				  to licensure, certification or regulation by the department are provided to
				  determine whether such services and supports are being delivered or provided in
				  compliance with law and with the regulations established by the
				  department.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.13 - Suspension, Revocation, and Denial of License or Renewal

Current through Register 1525, July 5, 2024
(1) In addition to the other provisions in
				115 CMR 8.00, the Department
				may suspend, revoke or deny a license or renewal if it finds any of the
				following:
(a) The provider failed to comply
				with any applicable regulations;
(b) The provider received a recommendation to
				deny or revoke licensure upon completion of a survey;
(c) The provider furnished or made any
				misleading or false statement or report required under 115 CMR;
(d) The provider refused to submit or make
				available any reports required under 115 CMR;
(e) The provider refused to admit at any time
				for a visit, inspection, or survey, any employee of the Department authorized
				by the Commissioner to conduct such visits, inspections, or surveys in
				accordance with 115 CMR;
(f) The
				provider or any of its staff was found after investigation pursuant to
				115 CMR 9.00:
Investigations and Reporting Responsibilities
or M.G.L. c. 19C
				to have committed gross neglect of an individual it serves or served;
(g) The provider or any of its staff
				knowingly or unknowingly permitted grave physical harm or sexual, physical,
				emotional or financial abuse of an individual to occur, by reason of failure to
				implement recommendations made by the Department after investigation of
				previous allegations of abuse, or by reason of reckless disregard for the
				safety or welfare of any individual.
(h) The provider is convicted in a court of
				competent jurisdiction of any crime which directly or indirectly relates to the
				provision of services and supports licensed under
				115 CMR 8.00.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.14 - Suspension in Emergencies

Current through Register 1525, July 5, 2024
(1)
				The Department may temporarily suspend any license without a hearing if the
				failure of the provider to comply with any applicable regulation or standard
				appears to have resulted in an emergency situation that could endanger the
				life, safety, or health of individuals or staff within the service or support,
				or if it finds that such suspension is otherwise in the public
				interest.
(2) Immediately upon such
				suspension, the Department shall notify the individuals served and their
				families and guardians, if any, and shall immediately provide or arrange for
				the most adequate and appropriate alternative arrangements available, or take
				such other action, including but not limited to using Department employees to
				provide the service or support, as the Department deems adequate to protect the
				individuals served.
(3) Upon
				written request of the aggrieved provider to the Commissioner, a hearing shall
				be held promptly after the license is suspended, in accordance with the
				applicable requirements of M.G.L. c. 30A.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.15 - Notification of Legal Proceedings

Current through Register 1525, July 5, 2024
Every provider shall report in writing to the commissioner
				  any legal proceeding within 10 days of initiation of proceedings brought by or
				  against the provider or any person employed by the provider, if such proceeding
				  arises out of circumstances related to the care, treatment, habilitation,
				  supervision, or living environment of persons being served by this
				  provider.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.16 - Change of Name, Ownership, Location, or Services

Current through Register 1525, July 5, 2024
(1) The provider shall provide prior
				notification in writing to the Department of any change in its name or in its
				ownership.
(2) The provider shall
				notify the Department in writing of any change in its executive director of the
				services or supports.
(3) The
				provider shall notify the Department in writing of any changes in the physical
				location of the service or support, or of any other changes which place the
				provider out of compliance with any regulation under 115 CMR, within ten days
				of the change.
(4) The failure of a
				provider to notify the Department of any change of name, ownership, location,
				or services and supports shall be grounds for suspension or termination of the
				license.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a)
									115 CMR 9.00 applies to all
			 offices of the Department and all programs and services operated, licensed or
			 funded by the Department.
(b) Any
			 action taken pursuant to
			 115 CMR 9.00 shall be
			 consistent with bargaining agreements and other provisions of labor law then in
			 effect.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.03 - Notice of M.G.L. c. 19C and 115 CMR 9.00 Complaint Process

Current through Register 1525, July 5, 2024
The regional director or designee, as applicable, shall have
				responsibility for ensuring the following:
(1) Notice of M.G.L. c. 19C and
			 115 CMR 9.00 is included in
			 information posted by every provider or otherwise provided to every individual
			 and his or her guardian, if any;
(2) Every new resident of a
			 Department-operated facility or a community-based residential program, and his
			 or her guardian, if any, is informed upon admission about M.G.L. c. 19C and
			 115 CMR 9.00 and the right to
			 file a complaint under M.G.L. c. 19C and
			 115 CMR 9.00;
(3) Such notification and blank copies of the
			 forms or other means for filing a complaint, request for reconsideration or
			 appeal under M.G.L. c. 19C and/or
			 115 CMR 9.00 are posted in a
			 prominent place in plain sight in every unit of every facility, at every
			 regional and area office, and at every site where residential supports,
			 employment supports, day supports and site based respite services are provided;
			 and
(4) Such notification, forms,
			 and copies of M.G.L. c. 19C and
			 115 CMR 9.00 are available at
			 the facility, area office and site where residential supports, employment
			 supports, day supports and site based respite services and provided upon
			 request by any person at any time.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.04 - Orientation and Training

Current through Register 1525, July 5, 2024
(1) Executive
			 directors of provider agencies, regional directors, area directors and facility
			 directors shall provide to all service coordinators and direct care staff
			 working under their supervision an initial and subsequent periodic orientation
			 on the purpose and principal provisions of M.G.L. c. 19C and
			 115 CMR 9.00.
(2) Providers shall provide to all
			 individuals they support an initial and subsequent annual training on when and
			 how to file a complaint or obtain assistance under M.G.L. c. 19C and
			 115 CMR 9.00. Such training
			 shall include use of alternative means of communication where the individual is
			 hearing or speech impaired or unable to communicate without assistance or an
			 interpreter.
(3) The Department
			 shall provide initial and periodic training to all investigators in
			 investigatory techniques, confidentiality issues and contemporary modes and
			 principles of service delivery. An investigator shall not conduct
			 investigations until he or she has been trained in accordance with 115 CMR
			 9.04.
(4) Only persons hired by the
			 Department as investigators may conduct investigations, with the exception of
			 such individuals as may be designated by the commissioner or designee to
			 conduct an investigation. No person hired by the Department as an investigator
			 shall be permitted to undertake any additional job responsibilities not
			 directly related to conducting investigations or preparing investigation
			 reports and recommendations.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.05 - Scope of Responsibilities of the Department's Investigations Division

Current through Register 1525, July 5, 2024
(1) The
			 Department's investigation division shall investigate or otherwise determine
			 the merit or facts of any of the following, in accordance with
			 115 CMR
			 9.10:
(a)
			 Complaints referred/assigned to it by the DPPC pursuant to M.G.L. c.
			 19C.
(b) Any complaint outside the
			 jurisdiction of the DPPC alleging abuse, abuse
per se
,
			 assault, sexual abuse, or financial exploitation of an individual unless
			 another state agency possesses exclusive legal or regulatory authority to
			 investigate.
(c) Notwithstanding
			 any other provision to the contrary, the commissioner or designee may direct an
			 investigation to be conducted upon determination an investigation is warranted,
			 as in the best interest of an individual, the public or the
			 Department.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.06 - Filing of Complaint

Current through Register 1525, July 5, 2024
(1) Any
			 individual or the human rights committee of any provider may file an oral or
			 written complaint by reporting a matter to DPPC.
(2) A Department or provider employee is
			 mandated to and shall immediately file an oral or written complaint with the
			 DPPC when he or she has reasonable cause to believe that a reportable condition
			 exists or an incident or occurrence has occurred that meets the criteria in
			 115
			 CMR 9.05(1) through (3).
			 Failure to file shall be grounds for appropriate disciplinary action, up to and
			 including termination.
(3) A
			 Department or provider employee, if asked to do so by an individual, shall
			 assist the individual in making an oral or written complaint to the DPPC or
			 shall direct the individual to an appropriate staff member who shall assist the
			 individual in making an oral or written complaint.
(4) The filing of a complaint with the DPPC
			 in accordance with applicable DPPC procedures fulfills the reporting
			 requirements of M.G.L. c. 19C and
			 115 CMR 9.00.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.07 - Protective Services

Current through Register 1525, July 5, 2024
If the senior investigator concludes at any time during the
				course of the investigation that immediate action is necessary to protect the
				safety or welfare of an individual involved in the complaint, he or she shall
				immediately communicate to the regional director or designee, orally and in
				writing, the nature of the allegations, and the identity of the alleged victim
				and the alleged abuser (if applicable).
(1) The regional director or designee shall
			 notify the provider who shall be responsible for taking immediate
			 action;
(2) A provider notified of
			 a complaint alleging intentional physical injury of an individual, including
			 any sexual activity between an individual and an employee or volunteer of a
			 provider shall immediately remove the employee or volunteer from all direct
			 contact responsibilities pending resolution or investigation of the
			 complaint.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.08 - Reporting Suspected Criminal Activity or Criminal Charges

Current through Register 1525, July 5, 2024
If an investigator determines at any time during the course of
				an investigation that a crime has been committed, the investigator shall
				consult with the senior investigator and shall notify DPPC.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.09 - Logging and Disposition of Complaint

Current through Register 1525, July 5, 2024
(1)
Logging
. When a
			 complaint is received from DPPC, the senior investigator shall immediately log
			 the complaint and assign it a log number.
(2)
Determination of
			 Disposition
.
(a) No later than
			 three days after receipt of the complaint, the senior investigator shall
			 determine and set forth in a written disposition letter, whether the complaint
			 shall be:
1. dismissed;
2. resolved without investigation;
3. referred to the regional director or
			 designee for administrative review;
4. referred directly to the CRT for
			 review;
5. designated as requiring
			 investigation but deferred pending investigation by outside
			 authorities;
6. assigned to an
			 investigator for active investigation; or
7. referred to another state agency for
			 review.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.10 - Conduct of Investigations

Current through Register 1525, July 5, 2024
An investigator shall investigate all complaints in accordance
				with 115 CMR 9.10 and document the results in an investigation report.
(1)
Interviews
.
(a) The investigator shall hold a private
			 face-to-face interview to discuss the complaint with the following persons,
			 preferably but not necessarily, in the following order:
1. the alleged victim; however, the
			 investigator may conclude that under the circumstances an interview of the
			 alleged victim would cause further harm and therefore shall not occur;
			 and
2. the alleged
			 abuser(s).
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.11 - Administrative Review

Current through Register 1525, July 5, 2024
An administrative review shall be conducted by the regional
				director or designee for all complaints referred pursuant to
				115
				CMR 9.05(2)  and the results
				documented in an administrative review report which will form the basis for the
				development of a resolution letter by the CRT.
(1)
Administrative
			 Review
. The regional director or designee may conduct interviews
			 and review documents, including but not limited to, incident reports, restraint
			 reports, and medical reports related to the incident, condition or occurrence
			 reported in the complaint and shall prepare an administrative review
			 report.
(2)
Administrative Review Report
. After conducting the
			 review, the regional director or his or her designee shall issue a report of
			 his or her findings and provide the report to the CRT coordinator within 15
			 days.
(3)
Request for
			 Extension
. The regional director or designee may submit a request
			 for an extension of a time limit set forth in
			 115 CMR 9.00 to the deputy
			 commissioner upon a showing of necessity and that the delay will not pose a
			 threat to the safety or security of the individual involved. If approved, the
			 regional director or designee shall send a notice of extension to the
			 parties.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.12 - Complaint Resolution Team

Current through Register 1525, July 5, 2024
All complaints resolved pursuant to
				115 CMR 9.00, excluding
				complaints that are dismissed, shall be reviewed by a Complaint Resolution Team
				(CRT) upon receipt of a decision letter, or receipt of an administrative review
				report, or a direct referral of the complaint to the CRT.
(a)
Purpose
. All
			 area offices and facilities shall have a CRT. The purpose of the CRT is to
			 review complaints in accordance with
			 115
			 CMR 9.05(3)  and to develop
			 action plans and resolution letters.
(b)
Composition
.
			 Each CRT shall consist of the following:
1.
			 Area or facility director or designee;
2. CRT coordinator
3. A minimum of one citizen member;
			 and
4. Additional members and
			 consultants as deemed appropriate by the area or facility director.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.13 - Issuance of Decision Letter

Current through Register 1525, July 5, 2024
(1)
Time Line for Issuance of Decision Letter.
(a) For complaints concerning individuals,
			 staff, or conditions at a Department operated Intermediate Care Facility for
			 Individuals with Intellectual Disability, the results of all investigations
			 must be reported to the regional director and facility director within five
			 days of the incident, occurrence, or condition, in accordance with the
			 requirements of Title XIX of the Social Security Act.
(b) For a complaint with no dispute to the
			 facts, the decision letter shall be delivered to the regional director or
			 designee within ten days after receipt of the complaint.
(c) For a complaint resolved fairly and
			 efficiently, the decision letter shall be delivered to the regional director or
			 designee within ten days from receipt of the complaint.
(d) For any other complaint, except those
			 deferred to law enforcement, the results of the investigation shall be reported
			 and a decision letter delivered to the regional director or designee within 45
			 days of the investigator's assignment.
(e) For any complaint deferred to law
			 enforcement, the results of the investigation shall be reported and the
			 decision letter delivered to the regional director or designee within 45 days
			 from the date the investigator begins the civil investigation.
(f) For investigations conducted by the
			 Department under M.G.L. c. 19C and 118 CMR:
Disabled Persons Protection
			 Commission
, the initial responses must be reported to the DPPC within
			 24 hours of the investigator's assignment if the case has been determined to be
			 an emergency by DPPC, or within ten calendar days of the investigator's
			 assignment for non-emergency cases.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.14 - Issuance and Implementation of Action Plan or Resolution Letter

Current through Register 1525, July 5, 2024
(1)
Complaint Resolution Team Coordinator
. The regional
			 director or designee shall designate the CRT coordinator as the person
			 responsible for preparing and overseeing implementation of an action plan or
			 resolution letter.
(2)
Assignment to CRT Coordinator.
Within three days of
			 receipt of a decision letter, an administrative review report, or a disposition
			 letter to refer the complaint directly to the CRT, the regional director or
			 designee shall assign the matter to the CRT coordinator.
(3)
Timeline for Development of
			 Action Plan or Resolution Letter.
Within 30 days of an assignment
			 to the CRT coordinator, the CRT shall develop the action plan or resolution
			 letter.
(a) For a complaint that was
			 investigated by the Department or the DPPC or resolved without investigation
			 under
			 115 CMR
			 9.09(4), the CRT shall
			 prepare an action plan that shall:
1. state
			 the specific actions to be taken in response to the decision letter, the
			 date(s) for the action(s) to be implemented, and the person(s) responsible for
			 implementation;
2. notify the
			 alleged victim, his or her guardian or legally authorized representative if
			 applicable, and the alleged abuser(s) of their right of appeal under
			 115 CMR 9.17 or to
			 petition for review under 118 CMR:
Disabled Persons Protection
			 Commission
.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.15 - Victim/Witness Support

Current through Register 1525, July 5, 2024
The regional director or designee shall take immediate action
				as he or she deems warranted to protect the health and safety of any
				individual, complainant or witness during the pendency of an investigation or
				review of a complaint in accordance with
				115
				CMR 9.05(2) and (3). Any
				action taken shall be documented and the documentation forwarded to the senior
				investigator for inclusion in the case record.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.16 - Obstruction or Retaliation

Current through Register 1525, July 5, 2024
(1)
Termination of Employment
. Any department or provider
			 employee that obstructs an investigation conducted under M.G.L. c. 19C or
			 115 CMR 9.00, or retaliates
			 against any person for making a complaint, complying with M.G.L. c. 19C or
			 115 CMR 9.00 or cooperating
			 with an investigation, shall be subject to discipline, up to and including
			 dismissal.
(2)
Revocation of Contract, License, or Other Action
. Any
			 provider that obstructs an investigation conducted under M.G.L. c. 19C or
			 115 CMR 9.00, or retaliates
			 against any person for making a complaint, complying with M.G.L. c. 19C or
			 115 CMR 9.00 or cooperating
			 with an investigation, shall be subject to adverse action including, without
			 limitation, termination of the Department's contract with the provider and
			 revocation of the provider's license.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.17 - Appeal

Current through Register 1525, July 5, 2024
(1)
Scope
. 115 CMR 9.17 governs the process for the appeal
			 of a disposition of dismissed under
			 115 CMR
			 9.09(2)(a)1. and the appeal
			 of a decision letter and/or action plan issued by the Department.
(2)
Grounds for
			 Appeal
.
(a) The alleged victim,
			 his or her guardian or legally authorized representative, if any, or the
			 alleged abuser may file an appeal on any of the following grounds:
1. the complaint was improperly
			 dismissed;
2. the investigation was
			 not conducted in accordance with
			 115 CMR
			 9.10;
3. the findings and conclusions in the
			 decision letter are not supported by the preponderance of the
			 evidence;
4. the recommendations in
			 the action plan are not supported by the findings or conclusions in the
			 decision letter; or,
5. the action
			 plan does not sufficiently assure the safety, dignity or welfare of the alleged
			 victim or other individual(s) involved in the complaint.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.18 - Role of Human Rights Committee

Current through Register 1525, July 5, 2024
(1)
Responsibilities for
			 Individuals Who Require Assistance
.
(a) The human rights committee shall assist
			 an individual involved in a complaint to ensure that his or her rights are
			 adequately protected. Such assistance may include arrangements for
			 interpreters, representation by an independent attorney or advocate, and
			 assistive and supportive devices and technologies. A list of attorneys or
			 advocates shall be maintained by the human rights committee and made available
			 to an individual upon request.
(b)
			 Where an individual is unable to obtain representation or an advocate, the
			 human rights committee may request the assistance of the service coordinator in
			 ascertaining the capability of the individual and seeking an attorney or
			 advocate to represent the individual.
(c) The human rights committee shall assist
			 an individual in filing a complaint upon request.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 9.00 - Investigations And Reporting Responsibilities › Section 9.19 - Records, Forms and Notices

Current through Register 1525, July 5, 2024
(1)
Case Record
.
(a)
Contents of Case Record
. The investigations division
			 shall keep a case record for each complaint received by the Department. The
			 case record shall include:
1. the complaint
			 and the public log number assigned;
2. the disposition letter;
3. the names of all persons interviewed and
			 the dates of the interviews;
4. any
			 recorded or written statements;
5.
			 a summary of documents reviewed;
6.
			 a copy of the official investigation report or administrative review report;
			 and any such report shall be admissible in any employee disciplinary hearing
			 related to the investigation;
7.
			 Copies of notes or memoranda generated by the investigator to the extent such
			 are maintained;
8. any photographs
			 and any other physical evidence;
9.
			 the decision letter;
10. the action
			 plan or resolution letter;
11.
			 documentation of corrective action or protective services implemented;
			 and
12. documents relating to any
			 appeal or reconsideration.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.01 - Authority

Current through Register 1525, July 5, 2024
The Department is authorized by M.G.L. c. 19B, §§ 1,
				14 and 18 and M.G.L. c. 123B, § 2 to regulate research activities
				concerning intellectual disability, as defined in
				115 CMR
				10.00, or involving individuals with intellectual
				disability conducted in the Commonwealth.
				115 CMR
				10.00 also is promulgated in conformity with Part 46
				of Title 45 of the Code of Federal Regulations ( 45 C.F.R. 46
				).
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.03 - Scope

Current through Register 1525, July 5, 2024
(1) The provisions
			 of
			 115 CMR
			 10.00 apply to any research, regardless of the source
			 of funding, which meets one or more of the following conditions:
(a) any research activity that will take
			 place at an office of the Department, a facility or a location where the
			 provision of services or supports is purchased or subject to regulation by the
			 Department;
(b) a person receiving
			 services or supports provided or purchased by the Department is a participant,
			 unless the research in no way involves the Department or any
			 provider;
(c) the research involves
			 disclosure by the Department or provider of private information.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.04 - Research Review Committee of the Department

Current through Register 1525, July 5, 2024
(1)
Membership
.
(a) The Research Review Committee shall have
			 at least five members, appointed by the Commissioner, who have expertise and
			 experience in relevant areas to promote complete and adequate review of
			 research activities subject to
			 115 CMR
			 10.00. Membership should reflect a diversity in racial
			 and cultural backgrounds and shall not consist entirely of men or entirely of
			 women.
(b) The membership shall
			 include one attorney, one physician, one Ph.D. level psychologist, one person
			 receiving services provided or purchased by the Department or family member of
			 such a person, and one individual who is neither employed bynor receives funds
			 directly or indirectly from the Department and who is not part of the immediate
			 family of a person employed by or receiving funds directly or indirectly from
			 the Department.
(c) Additional
			 members may be appointed from time to time for regular terms.
(d) The members shall serve without
			 compensation and shall be special state employees for the purposes of tort
			 claims and conflicts of interest.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.06 - Research Review

Current through Register 1525, July 5, 2024
(1) The Research
			 Review Committee shall review each research proposal for the primary purpose of
			 protecting the rights and welfare of participants.
(2) The Committee must consider, as part of
			 the review, the impact the proposed research may have on the participants in
			 terms of health and physical safety, confidentiality and privacy, human
			 dignity, self-determination and freedom of choice, care and treatment, fairness
			 in selection of participants, freedom from undue discomfort, distress and
			 deprivation, and such other interests that may be implicated by the particular
			 research project.
(3) The Committee
			 must further consider, in determining whether the foreseeable risks to the
			 participants are reasonable in relation to anticipated benefits, available
			 relevant clinical experience and expertise, existing knowledge of relevant
			 research findings, canons of professional conduct and professional ethics,
			 applicable laws, policies and procedural guidelines, standards of scientific
			 methodology in the conduct of such research, the scientific merit of the
			 research, the potential value of the research in the advancement of knowledge
			 and the necessity or importance that persons receiving services from the
			 Department are participants if the research involves individuals.
(4) The Committee may require the research
			 investigator or other staff persons involved in the conduct of the research to
			 appear before the Committee to address the proposal. The Committee may require
			 also the submission of additional documentation and materials which it deems
			 appropriate for consideration before reaching a decision on the
			 proposal.
(5) The Committee may
			 appoint an advocate for the participants of a research project. The advocate
			 shall provide counseling, assistance, and advocacy to individuals with respect
			 to their participation in the research. No member of the Committee and no
			 research investigator may be appointed as an advocate. The Committee shall be
			 responsible for informing participants of the name and address of the advocate
			 when one has been appointed.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.07 - Consent Procedures

Current through Register 1525, July 5, 2024
(1) The consent
			 procedure set out in 115 CMR 10.07 is applicable to all research. The content
			 of the written consent form and the manner in which such consent will be sought
			 shall be part of the Committee's review of the research proposal.
(2) The consent form must be written in
			 language understandable to the participant and the guardian, if applicable. The
			 form may not include any waiver of a participant's rights or any exculpatory
			 language absolving the investigator, the sponsor, the Department, the program
			 or their agents from liability for research-related injury. The form must
			 provide the following information to each prospective participant and their
			 guardian, if applicable:
(a) a statement that
			 the study involves research, what is expected of the participant, with a full
			 explanation of the purposes and objectives of the research;
(b) the basis for selection of the
			 participant and the expected duration of the individual's
			 participation;
(c) a description of
			 the procedures to be followed and the identification of any procedures which
			 are experimental;
(d) a description
			 of any reasonably foreseeable risks or discomforts to the participant, their
			 expected severity and duration;
(e)
			 a description of any benefits to the participant or others which may reasonably
			 be expected from the research;
(f)
			 a statement describing how confidentiality of records and privacy of
			 participants will be ma intained;
(g) a description of any appropriate
			 alternative procedures or courses of treatment that could be used in lieu of
			 the experimental procedure, or if there is no alternative procedure;
(h) an offer to answer any questions
			 concerning the procedures and the participant's rights and a statement of whom
			 to contact and how for further information;
(i) a statement that participation is
			 voluntary and the individual shall be informed, both verbally and in writing,
			 that he or she is free to withhold consent or to withdraw consent and to
			 discontinue participation in the research at any time without penalty or loss
			 of benefits, services or supports which the individual is otherwise
			 receiving;
(j) if the prospective
			 participant is an individual receiving services provided or purchased by the
			 Department or a family member of such an individual, a statement that the
			 provision of such services to the individual do not depend on participation by
			 the individual or family member in the research;
(k) where applicable, a description of any
			 controlled substance as defined in the Massachusetts Department of Public
			 Health regulations implementing M.G.L. c. 94, and any other substances to be
			 used, and their anticipated effects, side effects and interactions. The
			 description must be in language understandable to the prospective participant
			 or guardian.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.08 - Research Approval

Current through Register 1525, July 5, 2024
(1)
Basic Requirements
. Before any research covered by
			 these regulations may be approved by the Research Review Committee, the
			 research proposal must satisfy all of 115 CMR 10.08(1)(a) through (f):
(a) selection of participants is equitable to
			 the extent practicable by the objectives of the research;
(b) risks to participants are minimized by
			 using procedures consistent with sound research design and which do not present
			 unnecessary risks to the participants;
(c) risks to participants are reasonable in
			 relation to anticipated direct benefits to participants and importance of the
			 knowledge to be gained;
(d)
			 informed consent will be sought and documented in accordance with and to the
			 extent required by
			 115 CMR
			 10.07;
(e) the research provides for the protection
			 of the participant's privacy and the confidentiality of private information;
			 and
(f) where appropriate, the
			 research provides for the safety of participants through monitoring procedures
			 and corrective interventions.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 10.00 - Research › Section 10.09 - Expedited Review

Current through Register 1525, July 5, 2024
(1) The expedited
			 review procedure is a review of a research proposal by the chairperson or a
			 subgroup of the Research Review Committee. The reviewer may exercise all of the
			 authorities of the Committee except disapproval of the research. A research
			 activity may be disapproved only after review by the full Committee in
			 accordance with the applicable requirements set out in
			 115 CMR
			 10.00.
(2)
			 The expedited review procedure is permitted only for research which:
(a) seeks access only to private
			 information;
(b) represents only
			 minor changes to previously approved research, to be implemented during the
			 period for which approval is authorized.
(c) the research consists of the study of
			 historical records; or
(d) the
			 research consists of a review of records for the sole purpose of extracting
			 information for a demographic or statistical study in which no person can be
			 identified.