Closing of a Program

(A) Approval. If a program intends to cease operation for a period greater than seven consecutive days, written approval for a specified period shall be obtained from the Commissioner. The holder of a license shall submit to the Department a Notice of Intent to close the program at least 60 days in advance of the proposed closure. Such notice shall be subject to the Commissioner’s approval and shall include a plan for appropriate notice to, and relocation of, the facility’s patients. If 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. (B) Patient Transfer. When a hospice ceases to operate through license denial, refusal to renew, suspension, revocation or closure pursuant to 105 CMR 141.140(A), the licensee will be responsible for the transfer of patients to a suitable program. (1) At least 21 days prior to ceasing operation, staff at the hospice program will orally or in writing notify each patient/family that the program will cease operation. Staff will also notify each patient/family of the referral plan to another appropriate program for continuation of services. (2) Staff at the hospice to be closed will be responsible for developing a written referral plan to be placed in the patient record for each ongoing case. Staff will also refer the patient to a program that will be responsible for continuing service. (3) Clinical records shall be transferred to the receiving agency provided that a signed authorization to release such records shall be obtained from each patient/family prior to the transfer.