Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 28.00 - Licensing and Operational Standards for Community Services
Subpart D - LICENSING REQUIREMENTS AND COMPLIANCE WITH STANDARDS
Section 28.20 - Process for Obtaining or Renewing a License

Universal Citation: 104 CMR 28.00 MA Code of Regs 28.20

Current through Register 1531, September 27, 2024

(1) Application Process for License or Renewal.

(a) Any applicant seeking to obtain a license for a residential site or a Community Crisis Stabilization Service (CCS) site as specified in 104 CMR 28.00: Subpart D shall file an application in writing with the Department in a manner and on a form prescribed by the Department. The applicant must be the agency or person with principal legal responsibility for the administration and operation of a residential site.

(b) If any agency or individual operates more than one residential or CCS service site, such agency or individual must apply for a separate license for each such site.

(c) Any agency or person seeking to renew a license shall file an application for such renewal in writing with the Department, in a manner and on a form prescribed by the Department, not less than 90 days prior to the date of expiration of its current license. It shall be the responsibility of the Department to act upon an application for renewal within the 90-day period. Failure to do so shall not invalidate a previously existing license.

(d) A licensing applicant shall maintain the following documentation which shall be made available to the Department upon request:
1. For business corporations that are for profit, a copy of an Administration and Finance Form 4-A, together with any special or periodic reports submitted in amendment or supplementation to the annual report, as well as a copy of the Articles of Incorporation and by- laws.

2. For nonprofit corporations, a copy of the last annual report filed with the Secretary of the Commonwealth pursuant to M.G.L. c. 180, § 26A, together with any special or periodic reports submitted in amendment or supplementation to the annual report, and a certified copy of the last annual report filed with the Office of the Attorney General pursuant to M.G.L. c. 12, § 8F; as well as, a copy of the Articles of Incorporation and by-laws.

3. A list of the names of all persons with any financial interest in the provider including, but not limited to, persons with ownership interests in the building or buildings used by the provider, paid or unpaid directors, shareholders, partners, loan creditor mortgagees, salaried employees and consultants. The financial interest statement shall be updated as necessary to accommodate changes.

(2) Departmental Action on Application for License or Renewal. Upon receipt and review by the Department of all required documentation, and after any inspection made pursuant to 104 CMR 28.21, the Department shall take one of the following actions:

(a) Issue a license if no deficiencies are outstanding.

(b) Issue a license subject to implementation by the applicant of a plan of correction approved by the Department. Failure to implement a corrective action plan in accordance with its terms may result in suspension, revocation of the license as provided in 104 CMR 28.21.

(c) Issue a provisional license for residential sites not currently in operation or for which the Department cannot fully determine compliance with the requirements of 104 CMR 28.00 without an evaluation of the site in operation. No later than 90 days after a service begins operation of a residential or CCS site under a provisional license, the Department shall conduct an inspection to determine whether to issue a license in accordance with 104 CMR 28.20.

(d) Suspend, revoke or deny a license until such time as deficiencies are corrected.

(3) Duration of License. Licenses issued under 104 CMR 28.16 shall be valid for a term of two years and may be renewed for like terms, subject to revocation or suspension pursuant to 104 CMR 28.21.

(4) Change of Name, Ownership, Location or Services.

(a) Except as approved by the Department, licenses shall not be transferable from one licensee to another individual or agency, or from one location to another.

(b) The provider shall provide prior notification in writing to the Department of any change in name or ownership of the provider agency or program or of a licensed site.

(c) The provider shall notify the Department in writing of any change in service affiliated with a licensed site within ten days of such change.

(d) The provider shall notify the Department in writing if at any time it ceases to use the licensed site or of any changes in the physical plant of the site, or of any other changes in the service or program of which the licensed site is a part which is contrary to any requirement of licensure within ten days of such change or cease of use.

(e) The failure of a provider to notify the Department of any change required by 104 CMR 28.20(4) shall be grounds for suspension or revocation of the license.

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