130 CMR 419.432
Physical Site
(A) Physical Site. The MassHealth agency or its designee approves each DH site and census. A
DH provider must provide DH at a site that meets all of the requirements in 130 CMR
419.432(B)(1) through (17).
(B) In the event of a site change, renovation, new construction, or change in census, the DH
provider must forward a copy of all plans to the MassHealth agency or its designee for approval.
(1) The site must be designed with adequate space for the provision of all DH, with a
minimum of 50 square feet of programming space per participant. This minimum does not
include offices (except nursesโ offices if used for member treatment), hallways, storage areas,
reception areas, and other areas not used for the provision of DH. For sites with kitchens used
for activities other than meal preparation, 100% of the kitchen floor area is counted as part of
the participant space requirement.
(2) When located in a building or facility housing other services, the DH provider may utilize
all available space but must have separate and distinct staff for each service.
(3) As of September 7, 2018, a newly enrolled DH provider site must be in a location that
complies with the Americans with Disabilities Act (ADA) and ADA Standards for Accessible
Design that include but are not limited to
(a) the site is on-ground level with at least two means of egress;
(b) the site is free of architectural barriers;
(c) the site is designed to meet the needs of people with disabilities; and
(d) the site is in compliance with local health, fire, and safety codes.
(4) For sites approved on or before September 7, 2018, that occupy multi-level space, the site
must have at a minimum one elevator for egress, and evacuation plans must include specific
procedures for evacuation of those in wheelchairs and comply with local and state evacuation
requirements.
(5) The site must include adequate outdoor space for members to safely arrive at and depart
from the DH provider site.
(6) DH providers must provide a protected and secure environment for members, including
members who wander or require increased supervision and security.
(7) The site must include sufficient parking capacity to satisfy the needs of members, staff,
and the public.
(8) The site must include a clean and sanitary food preparation area equipped with a
refrigerator, a sink, adequate counter space, and adequate storage space.
(9) Adequate artificial lighting must be available in all rooms, stairways, hallways, corridors,
bathrooms, and offices.
(10) A DH provider site serving five or more unrelated participants must comply with the
Massachusetts State Building Code, 780 CMR 3.00: Use and Occupancy Classification.
(11) The MassHealth agency must approve each DH site. In the event of a site change,
renovation, or new construction, the provider must forward a copy of all plans to the
MassHealth agency for approval. Upon completion of renovations, moves, or new
construction, the MassHealth agency or its designee must view the site to determine
compliance with the requirements.
(12) The kitchen and bathrooms must be designed and equipped for teaching ADL skills to
all participants.
(13) In at least one participant area, the site must have a fire extinguisher and a first aid kit,
easily accessible to staff.
(14) The site must meet the requirements of all state and local building, sanitary, health, fire,
and zoning codes, and all other requirements pertaining to health, safety, and sanitation.
(15) The participants must have access to hand sanitizer dispensers and to at least one
handwashing station. Hand sanitizer dispensers and hand washing stations must be
conveniently placed and accessible to staff. Hand sanitizer dispensers and handwashing
stations must be placed with consideration for participant safety and accessibility.
(16) Participants must have access to natural light and outside views.
(17) Participants must have adequate lighting, heating, and ventilation so that participants are
comfortable in all seasons of the year.