Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry
Section 155.009 - Availability of Reports; Disclosure of Information
Universal Citation: 105 MA Code of Regs 105.155
Current through Register 1531, September 27, 2024
(A) Disclosure of Information while an Investigation is Pending. Upon written request by any person, the Department shall provide the following information about a pending investigation into a report of suspected patient or resident abuse, neglect, mistreatment or misappropriation of property:
(1) the date on which Department staff
visited the facility, home health agency, homemaker agency, hospice program or
patient's residence to conduct the investigation;
(2) the estimated date on which the
Department expects to complete its investigation and issue its written report;
and
(3) information about any
actions taken by the Department or by the facility, home health agency,
homemaker agency or hospice program to protect and ensure the health and safety
of patients or residents.
(B) Confidentiality of Reports.
(1) any oral or written
report of suspected patient or resident abuse, neglect, mistreatment or
misappropriation of patient or resident property which is made to the
Department pursuant to
105 CMR 155.000, or any
contents thereof, shall be confidential.
(2) the written report issued by the
Department at the conclusion of its investigation shall be confidential and
shall be made available only to those persons and entities listed in
105 CMR
155.008(D)(2), and the
following:
(a) the patient or resident in
question, his or her legal representative, the appropriate professional board
of registration or a social worker assigned to the patient's or resident's
case, may, upon written request and approval of that request by the
commissioner, receive a copy of the Department's report.
(b) the report shall not be made available to
any other persons unless the person obtains the written, informed consent of
the patient or resident in question or the written approval of the commissioner
or an order of a court of competent jurisdiction.
(3) Any and all notes, papers, documents or
other investigative materials collected, prepared or compiled by Department
staff during the course of its investigation into any case of suspected patient
or resident abuse, neglect, mistreatment or misappropriation of patient or
resident property shall be confidential and shall not be disclosed or otherwise
made available to any person except duly authorized staff of the Department and
the Attorney General.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
