Licensure

(1) The Department shall issue or renew a license to a provider whose services and supports are determined to meet or exceed applicable licensure standards. Providers of residential supports, individualized home supports, respite supports and placement services shall be issued a residential and individualized home supports license. Providers of employment supports and day supports shall be issued an employment and day supports license. (2) Licenses issued under 115 CMR 8.00 are not assignable and not transferable. (3) A provider may operate pending the issuance, renewal or the Department's action on a license under the following circumstances: (a) the provider has timely filed a sufficient application for licensure or renewal and is participating in the licensure survey process under 115 CMR 8.00; or (b) the services and supports have been surveyed under 115 CMR 8.04 and found to meet the requirements for licensure; or (c) the provider is participating in the follow-up process including having scheduled a follow-up survey; or (d) the provider has obtained approval from the Department for a waiver under 115 CMR 8.09 and is in compliance with other requirements of licensure and all conditions or terms of the waiver issued in accordance with 115 CMR 8.09; or (e) the provider has a pending appeal timely filed in accordance with 115 CMR 8.08. (4) Upon completion of the survey and receipt and review of all required documentation to the satisfaction of the Department, the Department shall take one of the following actions: (a) Two-year License. The Department shall issue a two-year license based upon the finding of substantial achievement of the Department's licensure standards and meeting all critical indicators. (b) Two-year License with Mid-cycle Review. The Department shall issue a two-year license with mid-cycle review based upon a finding of partial achievement of the Department's licensure standards and meeting all critical indicators. Until such time as the provider demonstrates substantial achievement of the Department's licensure standards, the provider shall be prohibited from accepting any new business. Providers receiving a two- year license with mid-cycle review will be evaluated at mid-cycle to assess achievement with the Department’s licensure standards. The Department will conduct a full review at the end of the two-year cycle. (c) Deferred Licensure. The Department shall defer issuing a license to any provider that attains partial achievement of the licensure standards but fails to meet one or more of the critical indicators. The provider shall be given up to 60 days to correct the critical indicators that were not met. The Department shall issue a two-year license with mid-cycle review if it determines from a follow-up review that all critical indicators have been met. (d) Recommendation for Revocation or Denial of Licensure. The Office of Quality Management shall issue a recommendation for the revocation or denial of licensure when a provider: 1. receives a two-year license with mid-cycle review for two consecutive years; or 2. fails to attain partial achievement of the licensure standards; or 3. fails to meet all critical indicators by the time of the follow-up review or mid-cycle review. (5) Upon notification by the Office of Quality Management that revocation or denial of licensure has been recommended for a provider, the regional director may either accept the recommendation not to license the provider or work with the provider to develop a specific corrective action plan for meeting the licensure standards within 60 days of the issuance of the final report. (6) Where a corrective action plan has been developed by the provider with the regional director, a survey team shall conduct a follow-up review no later than 60 days after the issuance of the corrective action plan. If the Department determines after the follow-up review that there is substantial achievement in meeting the Department's licensure standards, the Department shall issue a two-year license with mid-cycle review. If the Department determines that there is not substantial achievement after the follow-up review, the recommended action to revoke or deny licensure shall stand. (7) The Department shall publish and may modify from time to time the licensure standards and the criteria and methodology for achieving licensure.