Voluntary Closure

(A) At least 120 days in advance of a proposed closure of a long-term care facility, the holder of a license shall notify the Department of its intent to close and, at the same time, submit a draft closure plan. (1) The notice must include the following information: (a) The proposed date of closure; (b) Reasons leading to closure; (c) The facility representative whom residents or their legal representatives, family members, staff or other interested parties may contact with questions they may have regarding the proposed closure; (d) Notice that a public hearing will be held on the proposed closure at least 90 days prior to the proposed closure date; and how information regarding the date, time and place of the hearing will be made available; (e) Notice that interested parties may file comments on the proposed closure and the draft closure plan with the Department up until the date of the public hearing; and (f) Other information as may be specified by the Department. (2) The draft closure plan must include the following information: (a) The steps that will be taken to assist residents or their legal representatives in preparing for closure of the facility, to include: 1. Psychological preparation or counseling of each resident as necessary; 2. Efforts to find appropriate alternate placements for all residents in a facility that are capable of meeting all of their needs and including the consideration of the resident's and family's choice of facility; 3. Consultation with each resident or the resident’s legal representative and, with the resident's or the legal representative’s consent, interested family members regarding placement options and the placement process being considered; and 4. Notification of the times during which family meetings will be held to provide information on the closure process and steps the facility will undertake to ensure the appropriate transfer or discharge of each resident. (b) The steps that will be taken to assist facility staff in preparing for closure. (c) The storage of medical records after closure of the facility. (d) When the facility will stop admitting new residents, and the process for readmitting residents who are transferred to the hospital during the closure process. (3) A copy of the notice of intent to close and draft closure plan shall also be provided to the following: (a) Each resident of the facility and where applicable the resident's legal representative; (b) The designated family member of each resident; (c) The facility's resident council; (d) The facility's family council; (e) Each staff member of the facility; (f) Every labor organization that represents the facility's workforce during the period of the transfer of ownership; (g) The Office of the State Long-term Care Ombudsman; (h) The Office of the Local Long-term Care Ombudsman; (i) The members of the General Court who represent the city or town where the facility is located; and (j) A representative of the local officials of the city or town where the facility is located. (B) Upon receipt of the notice of intent to close a long-term care facility, the Department shall coordinate with the licensee for the scheduling of a public hearing on the proposed closure. The hearing shall be held at least 90 days prior to the proposed closure date at a location accessible to residents, family members and facility staff. (C) A licensee intending to close a long-term care facility shall provide notice of the date, time and location of the public hearing to be held on the proposed closure at least 14 days prior to the public hearing. The notice of public hearing must be prepared in a format acceptable to the Department. 153.023: continued (1) A copy of the draft closure plan and notice of public hearing shall be posted in the facility and notice of the date, time, and location of the public hearing shall be provided to each person or entity who received the initial notification of intent to close at least 14 days prior to the public hearing. (2) Should a licensee fail to distribute either the draft closure plan or notice of hearing in a timely manner, or in a format acceptable to the Department, the public hearing on the proposed closure plan will be rescheduled and the proposed closure date will be extended to allow for a public hearing at least 90 days prior to the proposed closure date. (D) The Department shall complete a review of the draft closure plan and all comments on the proposed closure that have been submitted to the Department by the date of the public hearing, and notify the licensee in writing within 14 days of the public hearing either its approval of the closure plan and an approved closure date, or comments on the closure plan. If the Department comments on the proposed closure plan, the licensee shall respond in writing to the Department comments within 14 days. (E) Upon receipt of the Department's approval of the closure plan and closure date, the licensee shall post in the facility, and provide to each person or entity who received the initial notification of intent to close, notification of the Department's approval of its closure plan and the approved closure date, and notice that the facility will close. (F) All closures shall be completed in an orderly manner in accordance with the closure plan approved by the Department. (1) Upon notification of the Department's approval of its closure plan, the licensee shall provide updates to the Department on its closure activity on a weekly basis, or more frequently upon request. (2) Transfers shall take place in an orderly fashion. No more than five residents per day may be transferred unless the facility has demonstrated to the Department that it has sufficient staff and resources for transferring a larger number of residents per day in an orderly fashion and has received approval from the Department. (3) Copies of all appropriate medical records shall accompany each resident upon transfer or discharge. (G) Failure to comply with the notice provisions, failure to implement an appropriate relocation plan, or transfer of residents prior to the 60-day notice period as specified in 105 CMR 153.023, may result in a finding that an emergency as defined in M.G.L. c. 111, § 72M exists and the Department may seek the appointment of a receiver. Failure to ensure appropriate notice to and relocation of all residents may result in a finding of abuse, mistreatment or neglect as defined in M.G.L. c. 111, § 72F and 105 CMR 155.000: Patient and Resident Abuse Prevention, Reporting, Investigation, Penalties and Registry. (H) The Commissioner may waive the 120-day time frame for initial notification of closure or the 90-day time frame for a hearing only in extraordinary circumstances where the Commissioner has determined that such a waiver is necessary to protect the health and safety of the residents served by the facility.