Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs
Part ONE - LICENSING AND APPROVAL PROCEDURES AND REQUIREMENTS
Substance Abuse Treatment Program Requirements: All Licensees
Section 164.087 - Closure

(A) Except as provided by 105 CMR 164.087(D), the Licensed or Approved Provider shall notify the Department, each patient and resident, each staff member of the program, and each labor organization that represents the facility's workforce at the time of notice, orally and in writing of the impending termination at least 90 calendar days prior to the termination of service or program that the service or program will close, and document the notification in each patient's or resident's record. Notification shall specify the date of closure.

(B) The Licensed or Approved Provider shall develop a written referral plan in collaboration with each patient and resident that includes a plan for continuing the patient's or resident's substance use disorder treatment, including directly connecting patients and residents to an appropriate provider for continued treatment. If insufficient time remains to ensure an appropriate referral plan with respect to an involuntary closure, the Licensed or Approved Provider shall cooperate with the Department and the patient or resident to ensure an appropriate referral, if required.

(C) The Commissioner may waive the 90-day time frame for initial notification of closure in circumstances where the Commissioner has determined such a waiver is necessary to protect the health, safety, and well-being of the patients and residents served by the program.

(D) The Department may grant permission for the temporary closure of the service or program provided that: