Current through Register 1531, September 27, 2024
104 CMR 28.19 through 28.21 describes the residential and
community crisis stabilization sites that are subject to licensure, and the
provisions for enforcement of Subparts A, B and C for all community mental
health services which are operated, licensed or contracted for by the
Department.
(1)
Sites
Subject to Licensure, Requirements.
(a)
Residential Sites Operated
under Contract with the Department. A license is required for
providers under contract with the Department for each residential site where
one or more persons reside, or are provided with sleeping accommodations, and
the provider has a direct or indirect ownership interest, or leases or
co-leases.
1. If the provider is a guarantor
of a person's residential lease, the provider is not required to obtain a
residential site license for the leased property; provided, however, the
Director of the service shall provide the Area Director or designee with a
letter attesting that the leased property meets applicable health, safety and
fire codes. For good cause the Department may require a site inspection to
assess the general condition of the leased property.
2. A license is not required for residential
sites located outside of the state or licensed by another Massachusetts
agency.
(b)
Residential Sites Operated by Private Residential
Services. A license is required for a provider of a private
residential service for each residential site where one or more persons reside
and the provider has a direct or indirect ownership interest, or leases or
co-leases with a party other than the person residing at the residential site.
1. For purposes of 104 CMR 28.19, a private
residential service is a service not operated by or under contract with the
Department that is organized primarily to provide treatment, of mental illness
to persons in a residential environment that operates one or more residential
sites.
2. Treatment includes, but
is not limited to, rehabilitation, support or supervision for adults with
mental illness or children and youth with serious emotional
disturbance.
(c)
Sites Operated by Providers of Community Crisis Stabilization
Services. A license is required for a provider of CCS for each
site where such services are provided.
(d) To obtain or retain a license for a
residential or crisis stabilization site a licensing applicant shall satisfy
the Department that the site meets all applicable requirements of
104 CMR 28.00:
Subpart B and
104 CMR 28.00:
Subpart C and that the service of which the site is a part of
meets all applicable requirements of
104 CMR 28.00:
Subpart A.
(2)
Compliance with
104 CMR 28.00: Subparts A, B
and C. Services and Private Programs Operating Residential Sites
or Community Crisis Stabilization Services Sites Subject to Licensure. The
Office of Community Licensing shall enforce compliance with the provisions of
104 CMR
28.02 through
28.12
(Subpart A) and
104 CMR 28.13
through
28.14
(Subpart B) and
104 CMR 28.15
through
28.16
(Subpart C) by all services and private programs operating sites subject to
licensure. Nothing in 104 CMR 28.19 or 28.21s hall preclude the Department from
also taking enforcement action under a contract when appropriate or assigning
enforcement of
104 CMR
28.02 through
28.12
(Subpart A) to the Area Director having primary responsibility for the
contract.
(a)
Department Operated
Services with Residential Sites. Compliance with the provisions of
104 CMR
28.02 through
28.12
(Subpart A) and
104 CMR 28.13
through
28.14
(Subpart B) by services operated by the Department that include residential
sites shall be subject to audit by the Office of Community Licensing and
enforcement by the applicable Area Director or designee.
(b)
Services Not Having
Residential Sites Subject to Licensure. Compliance with the
provisions of
104 CMR
28.02 through
28.12
(Subpart A) by services operated or contracted for by the Department that do
not have a residential site subject to licensing or otherwise subject to 104
CMR 28.19(2)(b), shall be subject to audit and enforcement by the applicable
Area Director or designee.
(c) For
the purpose of carrying out audit and enforcement responsibilities under 104
CMR 28.19(2), Area Directors or designees shall have the same right to inspect
service sites as the Department has the right to inspect residential or CCS
sites under 104 CMR 28.21.
(3)
Waiver of a Standard for
Community Services or for Service Sites.
(a) The requirements of
104 CMR 28.00 shall be
strictly enforced and shall only be waived by the Department upon approval of a
written request of a provider in accordance with the provisions of 104 CMR
28.19(3).
(b) A provider's written
request for a waiver of one more of the provisions of
104 CMR 28.00 must:
1. Demonstrate that the health, safety or
welfare of either persons or staff of the service shall not be adversely
affected by granting the waiver; and
2. Provide a substitute provision or
alternative standard that will result in comparable services to the persons and
to which the provider agrees to be held accountable to the same degree and
manner as any applicable provision of
104 CMR 28.00 or demonstrate
why the waiver is in the best interest of the persons
served.
(c) The
Department may grant a provider's request for waiver upon a determination that
the petition meets the requirements of
104 CMR
28.15(3).
(d) Waivers shall be granted for a specified
period of time which if applicable to a licensed residential site shall not to
exceed the duration of the license. A waiver may be renewed upon subsequent
petition.
(e) The granting of a
waiver shall not guarantee the granting of a waiver for a subsequent period or
service.
(f) The Department may
determine that one or more of the provisions of
104 CMR 28.00 is not
applicable to a particular service; and may grant a waiver of such provision(s)
to all such services.
