Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 158.000 - Licensure of Adult Day Health Programs
Section 158.024 - Voluntary Closure

(A) The licensee or his or her designee shall notify the Department of its intent to close a Program and file a closure plan at least 70 days in advance of a proposed closure date. Notice to the Department and the closure plan shall be subject to the Department's approval, and shall be in addition to notification requirements established pursuant to 130 CMR 404.000: Adult Day Health Services and 450.00: Administrative and Billing Regulations and Massachusetts General Laws regarding withdrawal from participation in the MassHealth plan.

(B) In the event of a voluntary closure, a Program shall comply with requirements stated in 105 CMR 158.034(F)(4). Anynotice to participants required by 105 CMR 158.034(F)(4) shall be provided at least 60 days prior to closure.

(C) The Program shall provide copies of all appropriate medical records to participants upon discharge.

(D) The Program's failure to comply with the notice provisions or to implement an approved closure plan prior to the 60 day notice period as specified in 105 CMR 158.024(B), may result in a finding that an emergency exists. Furthermore, failure to assure appropriate notice to and referral and transfer of all participants may result in a finding of neglect.

(E) If a Program intends to cease operation for any period of time, the Program shall obtain written approval from the Commissioner or his or her designee for a specified period at least 30 days prior to closure. If emergency circumstances are such that it is not possible to obtain approval from the Commissioner prior to closing, such approval shall be obtained within 72 hours of closing. Failure to obtain approval and closure of the program for more than seven days shall constitute abandonment of license.