Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 32.00 - Investigation And Reporting Responsibilities
Section 32.01 - Scope and Purpose
Universal Citation: 104 MA Code of Regs 104.32
Current through Register 1531, September 27, 2024
(1) Scope.
(a)104 CMR 32.00 applies to the
Department and to all programs, and facilities licensed or contracted for by
the Department.
(b) Any decision
made pursuant to
104 CMR 32.00 shall be
consistent with collective bargaining agreements, civil service law and other
provisions of labor law then in effect.
(c)104 CMR 32.00 does not
provide for an adjudicatory hearing within the meaning of M.G.L. c. 30A, §
1(1).
104 CMR 32.00 is not intended
to provide an administrative remedy under the doctrine of exhaustion of
administrative remedies or otherwise.
(2) Purpose. The purpose of 104 CMR 32.00 is to establish a framework for the reporting, investigation and resolution of:
(a) complaints brought pursuant to
104 CMR 32.00; and
(b) other matters of a serious nature that
have significant implications for persons who provide or receive mental health
services within the Commonwealth and that are referred to the Office of
Investigations at the discretion of the Commissioner.
It is not the purpose of 104 CMR 32.00 to establish a process for investigating complaints against recipients of a service from the Department or a program or facility operated, licensed, or contracted for, by the Department, except insofar as an incident complained of may involve conduct, errors or omissions by staff members that create or contribute to a dangerous, illegal or inhumane condition.
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