Special Sanctions for Violations of Rights of Individuals

The following special sanctions shall be available to the Department, in addition to those set forth in 115 CMR 8.00: Certification, Licensing, and Enforcement, when deemed necessary by the Department to protect the interest of the individual involved as well as other individuals who currently or may in the future receive services or supports from the provider: (1) Mistreatment of an individual by a person in the employ or subject to the direction of a provider shall be grounds for suspension or revocation of the certification and license of the provider by the Department. (2) Department and provider employees are mandated reporters under M.G.L. c. 19C and shall comply with reporting requirements in M.G.L. c. 19C, and 118 CMR: Disabled Persons Protection Commission. (3) Failure of the head of the provider to report any allegation or instance of mistreatment to the Department in accordance with 115 CMR 5.00 and 115 CMR 9.00: Investigations and Reporting Responsibilities shall be grounds for action by the Department including revocation or suspension of the certification and license of the provider under 115 CMR 8.00: Certification, Licensing and Enforcement and, if the provider is the Department, grounds for disciplinary action against the head of the provider (as defined at 115 CMR 2.01: Definitions), including dismissal.