Plan of Correction

(A) The Licensed or Approved Provider shall submit a plan of correction to address each deficiency within 14 calendar days, unless otherwise specified by the Department and, as provided in 105 CMR 164.017(B), shall remedy or correct each deficiency cited within 60 calendar days of receipt of the deficiency correction order. The Department may modify the plan of correction by providing notice to the Licensed or Approved Provider. The Licensed or Approved Provider may submit a written request for administrative reconsideration of the modified plan of correction, or any portion thereof, within seven calendar days of receipt of notice. (B) The plan of correction shall set forth, with respect to each deficiency, the specific corrective step(s) to be taken, a timetable for each step, and the date by which full compliance will be achieved. The timetable and the compliance dates shall be consistent with achievement of compliance in the most expeditious manner possible. The plan of correction shall be signed by either the Licensed or Approved Provider or his or her designee. (C) Where, in the opinion of the Department, the deficiency is not capable of correction within 60 calendar days, the Licensed or Approved provider shall submit a written plan for correction of the deficiency in a reasonable manner within 14 calendar days of such determination by the Department. The plan of correction shall comply with 105 CMR 164.017(B). The Department may modify the plan of correction by providing notice to the Licensed or Approved Provider. The Licensed or Approved Provider may submit a written request for administrative reconsideration of the modified plan of correction, or any portion thereof, within seven calendar days of receipt of notice. (D) Fines. If a Licensed or Approved Provider fails to remedy or correct a cited deficiency by the date specified in the deficiency correction order or fails to remedy or correct a cited deficiency by the date specified in a plan of correction as accepted or modified by the Department, the Department may: (1) Suspend, limit, restrict or revoke the Provider's License or Approval; (2) Impose a civil fine upon the Licensed or Approved Provider not to exceed $1,000 per deficiency for each day the deficiency continues to exist beyond the date prescribed for correction; Pursue any other sanction as the Department may impose administratively upon the Licensed or Approved Provider; or Impose any combination of the penalties set forth in 105 CMR 164.017(D)(1) through (3). (E) Administrative Reconsideration of Civil Fines. (1) Request for Administrative Review. The Licensed or Approved Provider may submit a written request for administrative reconsideration within seven calendar days of receipt of notice of the fine on forms approved by the Department. The request for review must fully state and support the reasons why a waiver or reduction of a fine is warranted, including specific reference to all relevant factors under 105 CMR 164.000 and any and all supporting documentation. (2) The Department shall conduct an administrative review, based solely on the evidence presented within the written request and Department records, and shall issue a written decision. This decision shall constitute a final agency decision in an adjudicatory proceeding subject to judicial review pursuant to M.G.L. c. 30A, § 14. (3) The failure to file an appeal requesting administrative review within seven calendar days of receipt of the notice constitutes a waiver of the right to request reconsideration and all fines set forth in the notice shall be imposed. The payment of a fine constitutes a waiver of the right to appeal.