Current through Register 1518, March 29, 2024
(A) At least 120
days in advance of a proposed closure of a long-term care facility, the holder
of a license shall notify the Department of its intent to close and, at the
same time, submit a draft closure plan.
(1)
The notice must include the following information:
(a) The proposed date of closure;
(b) Reasons leading to closure;
(c) The facility representative whom
residents or their legal representatives, family members, staff or other
interested parties may contact with questions they may have regarding the
proposed closure;
(d) Notice that a
public hearing will be held on the proposed closure at least 90 days prior to
the proposed closure date; and how information regarding the date, time and
place of the hearing will be made available;
(e) Notice that interested parties may file
comments on the proposed closure and the draft closure plan with the Department
up until the date of the public hearing; and
(f) Other information as may be specified by
the Department.
(2) The
draft closure plan must include the following information:
(a) The steps that will be taken to assist
residents or their legal representatives in preparing for closure of the
facility, to include:
1. Psychological
preparation or counseling of each resident as necessary;
2. Efforts to find appropriate alternate
placements for all residents in a facility that are capable of meeting all of
their needs and including the consideration of the resident's and family's
choice of facility;
3. Consultation
with each resident or the resident's legal representative and, with the
resident's or the legal representative's consent, interested family members
regarding placement options and the placement process being considered;
and
4. Notification of the times
during which family meetings will be held to provide information on the closure
process and steps the facility will undertake to ensure the appropriate
transfer or discharge of each resident.
(b) The steps that will be taken to assist
facility staff in preparing for closure.
(c) The storage of medical records after
closure of the facility.
(d) When
the facility will stop admitting new residents, and the process for readmitting
residents who are transferred to the hospital during the closure
process.
(3) A copy of
the notice of intent to close and draft closure plan shall also be provided to
the following:
(a) Each resident of the
facility and where applicable the resident's legal representative;
(b) The designated family member of each
resident;
(c) The facility's
resident council;
(d) The
facility's family council;
(e) Each
staff member of the facility;
(f)
Every labor organization that represents the facility's workforce during the
period of the transfer of ownership;
(g) The Office of the State Long-term Care
Ombudsman;
(h) The Office of the
Local Long-term Care Ombudsman;
(i)
The members of the General Court who represent the city or town where the
facility is located; and
(j) A
representative of the local officials of the city or town where the facility is
located.
(B)
Upon receipt of the notice of intent to close a long-term care facility, the
Department shall coordinate with the licensee for the scheduling of a public
hearing on the proposed closure. The hearing shall be held at least 90 days
prior to the proposed closure date at a location accessible to residents,
family members and facility staff.
(C) A licensee intending to close a long-term
care facility shall provide notice of the date, time and location of the public
hearing to be held on the proposed closure at least 14 days prior to the public
hearing. The notice of public hearing must be prepared in a format acceptable
to the Department.
(1) A copy of the draft
closure plan and notice of public hearing shall be posted in the facility and
notice of the date, time, and location of the public hearing shall be provided
to each person or entity who received the initial notification of intent to
close at least 14 days prior to the public hearing.
(2) Should a licensee fail to distribute
either the draft closure plan or notice of hearing in a timely manner, or in a
format acceptable to the Department, the public hearing on the proposed closure
plan will be rescheduled and the proposed closure date will be extended to
allow for a public hearing at least 90 days prior to the proposed closure
date.
(D) The Department
shall complete a review of the draft closure plan and all comments on the
proposed closure that have been submitted to the Department by the date of the
public hearing, and notify the licensee in writing within 14 days of the public
hearing either its approval of the closure plan and an approved closure date,
or comments on the closure plan. If the Department comments on the proposed
closure plan, the licensee shall respond in writing to the Department comments
within 14 days.
(E) Upon receipt of
the Department's approval of the closure plan and closure date, the licensee
shall post in the facility, and provide to each person or entity who received
the initial notification of intent to close, notification of the Department's
approval of its closure plan and the approved closure date, and notice that the
facility will close.
(F) All
closures shall be completed in an orderly manner in accordance with the closure
plan approved by the Department.
(1) Upon
notification of the Department's approval of its closure plan, the licensee
shall provide updates to the Department on its closure activity on a weekly
basis, or more frequently upon request.
(2) Transfers shall take place in an orderly
fashion. No more than five residents per day may be transferred unless the
facility has demonstrated to the Department that it has sufficient staff and
resources for transferring a larger number of residents per day in an orderly
fashion and has received approval from the Department.
(3) Copies of all appropriate medical records
shall accompany each resident upon transfer or discharge.
(G) Failure to comply with the notice
provisions, failure to implement an appropriate relocation plan, or transfer of
residents prior to the 60-day notice period as specified in 105 CMR 153.023,
may result in a finding that an emergency as defined in M.G.L. c. 111, §
72M exists and the Department may seek the appointment of a receiver. Failure
to ensure appropriate notice to and relocation of all residents may result in a
finding of abuse, mistreatment or neglect as defined in M.G.L. c. 111, §
72F and 105 CMR 155.000: Patient and Resident Abuse Prevention,
Reporting, Investigation, Penalties and Registry.
(H) The Commissioner may waive the 120-day
time frame for initial notification of closure or the 90-day time frame for a
hearing only in extraordinary circumstances where the Commissioner has
determined that such a waiver is necessary to protect the health and safety of
the residents served by the facility.
