Limitation on New Admissions

(A) If the Commissioner determines that a long-term care facility does not substantially comply with M.G.L. c. 111, §§ 70E and 71 through 72L½, 105 CMR 150.000: Standards for Long-term Care Facilities, 105 CMR 153.000, or 105 CMR 155.000: Patient and Resident Abuse Prevention, Reporting, Investigation, Penalties and Registry; or for a long-term care facility that participates in the Medicare or Medicaid program(s), the federal conditions of participation at 42 CFR 483, the Commissioner may issue an order that the long-term care facility shall limit or not admit any new residents after a date specified by the Commissioner. (B) If the Commissioner determines that jeopardy exists in a long-term care facility, the Commissioner may issue an order that the long-term care facility limit or not admit any new residents as of the date of the order. Any such order will set forth the facts on which the Commissioner based the determination that a situation or condition occurring at the long-term care facility, such as an uncontrolled "outbreak or cluster" as defined in 105 CMR 300.020: Definitions, presents an imminent threat to the health or safety of residents. (C) The Commissioner, absent a determination of jeopardy, shall not order the licensee to limit or not admit new residents until the licensee has been notified that the long-term care facility does not substantially comply with applicable state statutes or regulations or with the applicable federal conditions of participation and that a decision to limit or cease new admissions is contemplated, and the licensee has had a reasonable opportunity to correct the cited deficiencies. (D) Whenever an order to limit or not admit any new residents to the long-term care facility is made, the licensee may appeal the order pursuant to the procedures set forth at 105 CMR 153.018(D). (E) An order that a long-term care facility shall limit or not admit any new residents shall be rescinded as soon as practicable after the Commissioner determines (i) that the long-term care facility is in substantial compliance with the applicable state statutes or regulations, or with the applicable federal conditions of participation, or (ii) that the situation or condition on which the determination of jeopardy was based no longer exists or no longer presents an imminent threat to the health or safety of residents at the long-term care facility.