Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program
Section 5.06 - Termination of Designation
Universal Citation: 651 MA Code of Regs 651.5
Current through Register 1531, September 27, 2024
The Department has the authority to terminate the designation of a Protective Services Agency.
(1) Either party may terminate a Designation Agreement without cause upon provision of written notice to the other at least 90 calendar days before the effective date of such termination.
(2) Termination for Cause.
(a) In the event that either party fails to
comply with the provisions of the Designation Agreement in whole or in part,
the other party may, after specifying any alleged breach, default, or
noncompliance in writing to the other party and after allowing a reasonable
time, but not less than 30 calendar days for correction thereof, terminate the
Designation Agreement by sending written notice of termination which specifies
the reasons for termination to the other party, at least 30 calendar days prior
to the effective date of termination.
(b) If the Department determines that any
noncompliance with the terms of the Designation Agreement on the part of a
Protective Services Agency endangers the life, health, and safety of recipients
or applicants for services under the Designation Agreement, it shall terminate
the Designation Agreement by orally notifying the Protective Services Agency of
termination followed by the mailing of written notification, return receipt
requested, setting forth the reasons for termination within seven calendar days
following the oral notification.
(c) Termination pursuant to 651 CMR 5.06(2)
shall take effect upon the oral notification.
(3) Continuity of Services.
(a) Upon termination of
a Designation Agreement the Department shall designate a new Protective
Services Agency in a timely manner;
(b) If necessary to ensure continuity of
Protective Services in a Protective Services region, the Department may do the
following for a period of up to 180 days following termination of designation:
1. Assign the responsibilities of a
Protective Services Agency to another agency or organization;
2. Extend the agreement with the terminating
agency;
3. Perform the
responsibilities of a Protective Services Agency.
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