Required Notifications to the Department

(A) Legal Proceedings. The Approved Provider shall report to the Department in a manner prescribed by the Department any civil action or criminal charge initiated against the Approved Provider or any person employed or contracted by the Approved Provider that relates to the delivery of the service or may affect the continued operation of the facility. The report shall be provided no later than one calendar day after the initiation of any legal action. (B) Closure. When an Approved Provider plans to cease operation said Provider shall notify the Department, patients, and residents. (C) The Department may grant permission for the temporary closure of the service or program provided that: the Licensed or Approved Provider has submitted a plan for continued substance use disorder treatment for all patients during the temporary closure; and (2) the Licensed or Approved Provider may only close after approval from the Department. (D) Interruption or Suspension of Service. If an Approved Provider determines that the health, safety or well-being of patients or residents is in imminent danger as a result of conditions existing within the program, the Approved Provider shall notify the Department immediately upon becoming aware of the danger to patients and comply with 105 CMR 164.086. (E) Change of Program or Service Provision. An Approved Provider shall notify the Department in a manner prescribed by the Department at least 30 calendar days before any change in program or service provision. The Department shall determine whether such change requires re-licensure. (F) Change of Administrator, Executive or Program Director. An Approved Provider shall notify the Department at least 14 calendar days before a planned change of Administrator, Executive or Program Director. In the event of an unplanned departure of a director, the Approved Provider shall notify the Department upon the next business day of the change of director in a manner prescribed by the Department. (G) Death, Serious Incident, Accident or Fire. The Approved Providers that directly provide services shall notify the Department immediately upon the occurrence of any of the following at the program: (a) learning of the death of any person currently admitted to the program, regardless of where the death occurs; (b) full or partial evacuation of the facility for any reason; (c) fire; (d) suicide; (e) criminal acts alleged to have been committed by patients, contractors, or staff members; (f) pending or actual strike action by its employees, and contingency plans for operation of the program; (g) alleged abuse or neglect, or physical or sexual assault, or prohibited interaction which occurs between or among patients currently or previously treated by the program, or which occurs between or among such and current or former staff regardless of location, including any incident which is reported to another agency or law enforcement; (h) alleged abuse or neglect at the program which includes the following: 1. any reports of child abuse or neglect made under M.G.L. c. 119, § 51A; 2. any reports of elder abuse or neglect made under M.G.L. c. 19A, § 15; and 3. any reports of abuse of a disabled person made under M.G.L. c. 19C; (i) any condition at the program which poses a threat to the health, safety, or well-being of patients or staff; (j) confirmed cases among staff or patients and residents of communicable diseases which are reportable under 105 CMR 300.000: Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements; or (k) any other serious incident or accident as specified in guidelines of the Department. Approved Providers that directly provide services shall report to the Department any other serious incident occurring under the auspices of the Approved services that seriously affects the health, safety, or well-being of a patient(s) or that causes serious physical injury to a patient(s) within five business days of the date of occurrence of the event.