Issuance of Licenses and Approvals

(A) In accordance with M.G.L. c. 111E, § 7, the Department shall not approve an application for an original License unless the applicant can demonstrate need for the substance use disorder treatment program based upon the following factors: (1) The health needs of drug dependent persons and persons with alcohol use disorder, as defined in M.G.L. c. 111B, § 3, in the Commonwealth, including underserved populations and persons with co-occurring mental health conditions and substance use disorder; and (2) The demonstrated ability and history of a prospective Licensed or Approved Provider to meet the needs of such persons. (B) In making this determination, the Department shall take into consideration the following factors: (1) Geographic access to the continuum of care; (2) Access to a balanced continuum of care in terms of proportion of each service type; (3) Program size is conducive to the health, safety, and well-being of the client population being served; and (4) Health disparities are addressed through access to services for underserved populations and persons with co-occurring mental health conditions and substance use disorder and the demonstrated ability and history to meet the needs of such populations. (C) Providers who contract with the Department shall be deemed to have satisfied the requirements of 105 CMR 164.011(A) through (B). (D) The Department must determine the applicant suitable to establish or maintain the service in accordance with 105 CMR 164.009 prior to issuing a License or Approval. (E) Upon satisfactory submission of an application and completion of an inspection(s), the Department may grant a license, approval, or renewal for a term of six months or two years. Every License and Approval shall state the name and address of the program if either differs from that of the Licensed or Approved Provider or approved entity; the period of Licensure or Approval; the specific service(s) that the program is Licensed or Approved to deliver; number of beds Licensed or Approved; and the name and address of any satellite location(s). (F) Provisional Licenses and Approvals. When the Department finds that an applicant for an initial or renewal License or Approval has not complied with all applicable regulations, but is in substantial compliance and has submitted, within 90 days of notice of noncompliance from the Department, an acceptable plan for bringing the facility into full compliance with specific dates included, the Department may issue a Provisional License or Approval, provided that: (a) The applicant demonstrates to the Department's satisfaction a good faith intent to meet all the requirements; (b) The Department finds that the service offered protects or will protect the health, safety, and well-being of the facility's patients or residents; and (c) The Department finds that the applicant evidences the potential for full compliance within a reasonable period of time, not to exceed six months. (2) A Provisional License or Approval is valid for a period not to exceed six months and may be renewed once for no more than six months. (G) No License or Approval may be transferred or assigned to any other provider or location.