Closure

(A) Except as provided by 105 CMR 164.087(D), the Licensed or Approved Provider shall ensure that the Department, each patient and resident, each staff member of the program, and each labor organization that represents the facility's workforce is notified at the time of notice orally and in writing at least 90 calendar days prior to the termination of the program that the program will close, and document the notification in each patient's or resident's record. Notification shall specify the date of closure. (B) Licensed or Approved Providers that directly provide services shall develop a written referral plan in collaboration with each patient and resident that includes a plan for continuing the patient's or resident's substance use disorder treatment, including directly connecting patients and residents to an appropriate provider for continued treatment. If insufficient time remains to ensure an appropriate referral plan with respect to an involuntary closure, the Licensed or Approved Provider shall cooperate with the Department and the patient or resident to ensure an appropriate referral, if required. (C) The Commissioner may waive the 90-day time frame for initial notification of closure in circumstances where the Commissioner has determined that such a waiver is necessary to protect the health, safety, and well-being of the patients and residents served by the program. (D) The Department may grant permission for the temporary closure of the program provided that: the Licensed or Approved Provider has submitted a plan for continued substance use disorder treatment for all patients and residents during the temporary closure; and (2) the Licensed or Approved Provider may only close after approval from the Department.