Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 153.000 - LICENSURE PROCEDURE AND SUITABILITY REQUIREMENTS FOR LONG-TERM CARE FACILITIES
Section 153.028 - Licensed Bed Capacity
Current through Register 1531, September 27, 2024
(A) Licensed bed capacity shall be the number of beds that the licensee is authorized to operate. As used 105 CMR 153.028, licensed bed capacity is not a form of a license within the meaning of M.G.L. c. 30, § 13.
(B) The licensee must comply with any relevant provisions of 105 CMR 100.000: Determination of Need prior to seeking any increase in licensed bed capacity. The Commissioner may, upon review and approval of notice of intent and architectural plans, grant a one time increase in quota of up to 12 beds.
(C) The licensees shall submit written notification of any permanent reduction in the number of licensed beds to the Commissioner.
(D) In cases where temporary removal of beds from service is necessary for construction authorized by the Department, or for implementation of a plan of correction for cited significant physical plant deficiencies; or when permanent removal is necessary for a phased closure of an entire facility, the licensee shall notify the Department in writing of the removal of beds from service, the reason for the removal and the length of time the beds are anticipated to be out-of-service. On receipt of such a notification, the Department will provide the revised "operating bed capacity" to the Office of Medicaid and the Center for Health Information and Analysis.
(E) In all other cases where beds are temporarily removed from service, the number of beds established as the facility's licensed bed capacity shall be the number of beds that a licensee is authorized to operate.
(F) Discontinuance of operation of an entire unit of a facility for any period shall be treated as a permanent reduction in licensed bed capacity, except where the Commissioner has granted permission in advance. Such permission shall be given only in exceptional circumstances and for no longer than required.
(G) Discontinuance of operation of an entire facility or building for any period shall be treated as an abandonment of the license therefor, except where the Commissioner has granted permission in advance. Such permission shall be given only in exceptional circumstances and for no longer than required.
