Issuance of Decision Letter

(1) Time Line for Issuance of Decision Letter. (a) For complaints concerning individuals, staff, or conditions at a Department operated Intermediate Care Facility for Individuals with Intellectual Disability, the results of all investigations must be reported to the regional director and facility director within five days of the incident, occurrence, or condition, in accordance with the requirements of Title XIX of the Social Security Act. (b) For a complaint with no dispute to the facts, the decision letter shall be delivered to the regional director or designee within ten days after receipt of the complaint. (c) For a complaint resolved fairly and efficiently, the decision letter shall be delivered to the regional director or designee within ten days from receipt of the complaint. (d) For any other complaint, except those deferred to law enforcement, the results of the investigation shall be reported and a decision letter delivered to the regional director or designee within 45 days of the investigator's assignment. (e) For any complaint deferred to law enforcement, the results of the investigation shall be reported and the decision letter delivered to the regional director or designee within 45 days from the date the investigator begins the civil investigation. (f) For investigations conducted by the Department under M.G.L. c. 19C and 118 CMR: Disabled Persons Protection Commission, the initial responses must be reported to the DPPC within 24 hours of the investigator’s assignment if the case has been determined to be an emergency by DPPC, or within ten calendar days of the investigator’s assignment for non- emergency cases. (2) Preparation of Decision Letter. (a) The Decision Letter for an Investigated Complaint. 1. Upon completion of an investigation, the investigator shall prepare and deliver to the senior investigator an investigation report, which shall, when adopted as the official investigation report, serve as the basis for the decision letter. a. The investigation report shall describe the investigation and contain the investigator's findings of fact and conclusions. b. The senior investigator shall review the investigation report for thoroughness, accuracy, and quality. c. The senior investigator's signature on the investigation report signifies that the report has been adopted as the Department’s investigation report. d. The senior investigator may conclude that an investigation report prepared as part of a DPPC investigation or as part of an investigation by other outside authorities thoroughly and accurately addresses all the issues raised by the allegations and may be adopted as the Department's own official investigation report. 2. The senior investigator shall prepare a decision letter that summarizes the evidence considered by the investigator and the findings of facts and conclusions contained in the official investigation report. 3. The decision letter is separate and apart from any letter or report required by M.G.L. c. 19C to be forwarded to the DPPC. (b) The Decision Letter for a Complaint Resolved Without Investigation. 1. No Dispute to the Facts. The senior investigator shall prepare a decision letter that summarizes the complaint, the undisputed facts, and the senior investigator's conclusions. 2. Resolved Fairly and Efficiently. The senior investigator shall prepare a decision letter that summarizes the complaint, the circumstances that the senior investigator relied on to determine that the complaint can be resolved fairly and efficiently without an investigation, and the senior investigator’s conclusions. (c) Investigation of a Medico-legal Death. In the case of a medico-legal death, the director of investigations or designee shall submit a copy of the official investigation report and the signed and dated decision letter to the DDS general counsel and the commissioner.