Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 158.000 - Licensure of Adult Day Health Programs
Section 158.018 - Limiting Enrollment

Universal Citation: 105 MA Code of Regs 105.158

Current through Register 1531, September 27, 2024

(A) If the Commissioner or his or her designee determines that a Program does not substantially comply with applicable licensure regulations, the Commissioner or his or her designee, in lieu of revoking or refusing renewal of the Program's license, may provide that the Program shall not enroll any participants after a date specified by the Commissioner or his or her designee.

(B) The Commissioner or his or her designee shall not make a decision to limit enrollment until the licensee, or the applicant who signed the licensure application, has been notified that the Program does not substantially meet the provisions of applicable licensure regulations and that a decision to limit enrollments is contemplated, and the licensee or applicant has had a reasonable opportunity to correct the deficiencies.

(C) A decision that a Program shall not enroll any participants after a date specified by the Commissioner or his or her designee shall be rescinded when the Commissioner or his or her designee finds that the Program is in substantial compliance with the provisions of applicable licensure regulations.

(D) Procedure for Limiting Enrollment.

(1) If the Commissioner or his or her designee determines the licensee should limit or cease all further enrollment to the Program, pursuant to 105 CMR 158.018, the Commissioner or his or her designee shall issue an Agency Notice of Action pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure.

(2) Upon written request, the licensee shall be afforded an opportunity to be heard concerning the order to limit or cease enrollment. Such a hearing, if requested, shall be initiated by filing a Claim for Adjudicatory Proceeding pursuant to 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure within 14 calendar days of receipt of notice of the decision to limit enrollment.

(3) Enrollment shall remain limited pending the hearing officer's decision on the appeal which shall be made within 21 calendar days of the close of the hearing.

(4) If the hearing officer finds that the Department has proved by preponderance of the evidence that the subject Program was not in substantial compliance with applicable licensure regulations at the time the determination was made, the hearing officer shall uphold the decision of the Commissioner or his or her designee to limit enrollment.

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