Rights and Responsibilities of Service Providers

In addition to any other rights and responsibilities set forth elsewhere in 115 CMR or in other applicable state or federal laws or judicial decrees, all providers (including all those who contract with or are subject to certification, licensure or regulation by the Department) shall have the following rights and responsibilities: (1) The responsibility to provide services or supports in accordance with the Department's regulations, its contract with the Department, and each individual's ISP; (2) The responsibility to provide service and supports in accordance with the standards for dignity set forth in 115 CMR 5.00; (3) The right and the responsibility not to accept for services any individuals who are beyond its professional or physical capacity to serve, unless directed to do so in an emergency pursuant to the emergency service provisions of the Department's regulations; (4) The responsibility to notify the Department if an individual accepted for services is no longer within its professional capacity to serve; and (5) The right and the responsibility to participate in the ISP planning process, including developing and implementing provider strategies to meet objectives set forth in an individual's ISP, subject to: the monitoring and coordinating responsibilities of the Department; the requirements of the provider's contract with the Department; and subject to the appeal rights of individuals and others authorized to appeal. NON-TEXT PAGE