Issuance and Implementation of Action Plan or Resolution Letter

(1) Complaint Resolution Team Coordinator. The regional director or designee shall designate the CRT coordinator as the person responsible for preparing and overseeing implementation of an action plan or resolution letter. (2) Assignment to CRT Coordinator. Within three days of receipt of a decision letter, an administrative review report, or a disposition letter to refer the complaint directly to the CRT, the regional director or designee shall assign the matter to the CRT coordinator. (3) Timeline for Development of Action Plan or Resolution Letter. Within 30 days of an assignment to the CRT coordinator, the CRT shall develop the action plan or resolution letter. (a) For a complaint that was investigated by the Department or the DPPC or resolved without investigation under 115 CMR 9.09(4), the CRT shall prepare an action plan that shall: 1. state the specific actions to be taken in response to the decision letter, the date(s) for the action(s) to be implemented, and the person(s) responsible for implementation; 2. notify the alleged victim, his or her guardian or legally authorized representative if applicable, and the alleged abuser(s) of their right of appeal under 115 CMR 9.17 or to petition for review under 118 CMR: Disabled Persons Protection Commission. (b) For a complaint addressed through an administrative review, the CRT shall prepare a resolution letter that shall: 1. state the specific action(s) to be taken, if any, in response to the administrative review report, the date(s) for the action(s) to be implemented and the person(s) responsible for implementation; 2. notify the alleged victim, his or her guardian or legally authorized representative if applicable, and the person complained of, of their right to request reconsideration pursuant to 115 CMR 9.14(5). (c) For a complaint referred directly to the CRT, the CRT shall prepare a resolution letter that shall: 1. state the specific actions to be taken, if any, to address the complaint, the date(s) for the action(s) to be implemented and the person(s) responsible for implementation; 2. notify the alleged victim, his or her guardian or legally authorized representative if applicable, and the person complained of, of their right to request reconsideration pursuant to 115 CMR 9.14(5). (4) Distribution of Action Plan and Decision Letter or Resolution Letter. (a) The CRT coordinator shall within three days of completing the action plan or resolution letter, send to: 1. the parties: a. the decision letter, action plan and notice of right to appeal, as applicable, for a complaint that was investigated or resolved in accordance with 115 CMR 9.09(4); or b. the resolution letter and notice of right to request reconsideration for a complaint addressed through an administrative review or reviewed directly by the CRT. 2. the service coordinator assigned to the individual, the director of investigations, the director of licensure and certification, the regional director, and the area or facility director: a. the decision letter and action plan for a complaint that was investigated or resolved in accordance with 115 CMR 9.09(4); or b. the resolution letter for a complaint addressed through an administrative review or reviewed directly by the CRT. 3. the senior investigator: a. the decision letter and action plan for a complaint that was investigated or resolved in accordance with 115 CMR 9.09(4); or b. the administrative review report and resolution letter for a complaint addressed through an administrative review or the resolution letter for a complaint reviewed directly by the CRT. (b) Receipt of the decision letter and action plan or resolution letter will be presumed to have occurred within three days of mailing. (c) The senior investigator shall provide, within ten days of receipt of a written request from the alleged victim, his or her guardian or legally authorized representative, or from the alleged abuser, a copy of the official investigation report with identifying information redacted in accordance with M.G.L. c. 66A and other applicable laws and regulations. (5) Request for Reconsideration. The alleged victim, his or her guardian or legally authorized representative, or a person complained of, may within five days of receipt of the resolution letter, file a written request for reconsideration with the regional director that specifies how the resolution letter is deficient. The regional director or designee shall consider the deficiencies alleged and issue a reconsideration decision that is final. The regional director or designee shall send the reconsideration decision and a copy of the request for reconsideration to the senior investigator, the CRT coordinator, and the parties within 30 days of receipt of the request for reconsideration. (6) Implementation of Action Plan or Resolution Letter. Any person or provider required to implement corrective action(s) set forth in the action plan or resolution letter shall provide documentation to the CRT coordinator as soon as the corrective action(s) have been implemented which the CRT coordinator shall report in writing to the regional director, the senior investigator, and the CRT. (7) Compliance. The regional director or designee shall be responsible for ensuring that action plans and resolution letters are implemented in a timely manner. (8) Official Completion Date. For all purposes relevant to 115 CMR 9.00, the official completion date of an investigation shall be the date when the action plan is issued.