Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 158.000 - Licensure of Adult Day Health Programs
Section 158.017 - Grounds on which to Deny, Revoke, or Refuse to Renew a License to Operate an Adult Day Health Program
Universal Citation: 105 MA Code of Regs 105.158
Current through Register 1518, March 29, 2024
(A) Each of the following, in and of itself, shall constitute full and adequate grounds on which to deny, revoke, or refuse to renew a license to operate a Program:
(1) The applicant or licensee is not suitable
or responsible to operate a Program.
(2) The applicant or licensee has failed to
remedy or correct a cited violation by the date specified in a written notice
from the Department, or by the date specified in the plan of correction
accepted or modified by the Department, unless the applicant or licensee
demonstrates to the satisfaction of the Department that such failure was not
due to any neglect of duty and occurred despite his or her good faith attempt
to make correction by the specified time.
(3) There are deficiencies in the Program
which jeopardize the health or safety of participants.
(4) There are deficiencies in the Program
which seriously limit the capacity of the Program to provide adequate
care.
(5) The Program has been
found in violation of the same or a similar regulation twice or more within a
12 month period.
(6) The Program
has been denied, or does not maintain, a local board of health certificate,
occupancy permit, or local fire inspection certificate.
(7) The Program has failed to comply with the
requirements of
105 CMR 158.000.
(8) The applicant or licensee has been
convicted of, pleaded guilty or nolo contendere to, or has, in
a judicial proceeding, admitted facts sufficient to find that he or she is
guilty of:
(a) Abuse, mistreatment or neglect
of any person;
(b) Rape, felonious
assault, or any other felony against a person; or
(c) A felony involving the misuse of funds in
connection with the Medicaid or Medicare program, including but not limited to,
those offenses set forth in M.G.L. c. 118E, §§ 39 and 40 and the
misuse of participant funds.
(9) The licensee has changed the location of
a Program without prior approval of the Department.
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