Scope and Purpose

(1) Scope. (a) 104 CMR 32.00 applies to the Department and to all programs, and facilities licensed or contracted for by the Department. (b) Any decision made pursuant to 104 CMR 32.00 shall be consistent with collective bargaining agreements, civil service law and other provisions of labor law then in effect. (c) 104 CMR 32.00 does not provide for an adjudicatory hearing within the meaning of M.G.L. c. 30A, § 1(1). 104 CMR 32.00 is not intended to provide an administrative remedy under the doctrine of exhaustion of administrative remedies or otherwise. Purpose. The purpose of 104 CMR 32.00 is to establish a framework for the reporting, investigation and resolution of: (a) complaints brought pursuant to 104 CMR 32.00; and (b) other matters of a serious nature that have significant implications for persons who provide or receive mental health services within the Commonwealth and that are referred to the Office of Investigations at the discretion of the Commissioner. It is not the purpose of 104 CMR 32.00 to establish a process for investigating complaints against recipients of a service from the Department or a program or facility operated, licensed, or contracted for, by the Department, except insofar as an incident complained of may involve conduct, errors or omissions by staff members that create or contribute to a dangerous, illegal or inhumane condition.