105 CMR 153.007 - Other Licensing Requirements
(A) As a
prerequisite for a license:
(1) Level I, II
and III facilities must obtain a certificate of inspection of the egresses, the
means of preventing the spread of fire, and the apparatus for extinguishing
fire, issued by the Department.
(2)
Level IV facilities must obtain a certificate of inspection of the egresses,
the means of preventing the spread of fire, and the apparatus for extinguishing
fire, issued by an inspector of the Office of Public Safety and
Inspections.
(3) All long-term care
facilities must obtain a certificate of inspection, issued by the head of the
local fire department, certifying compliance with local ordinances.
(B) No original license shall be
issued for a Level I, II or III facility unless the applicant submits a
certificate of inspection that each building to be occupied by residents of
such facility meets the construction standards of the state building code, and
is of at least type 1-B fireproof construction; provided however that this
provision shall not apply in the instance of a change of ownership of a
facility whose license had not been revoked as of the time of such change of
ownership.
(C) Level IV facilities
must apply for licensure designation as a Community Support Facility (CSF) if
at the time of the effective date of
105 CMR
153.000, at least 50% of the residents in the facility
are Community Support Residents as defined in 105 CMR 150.001:
Definitions. Only those Level IV facilities which have at
least 50% Community Support Residents shall be eligible for licensure as a CSF.
The application for a license as a CSF shall have the effect of a license until
such time as the Department takes action on the application.
(D) Resident care facilities and multi-level
facilities with Level IV units with Community Support Residents having fewer
than 50% of their total residents as Community Support Residents as defined in
105 CMR
153.000 prior to the effective date of this CSF
licensure designation, shall be permitted to retain such residents, provided
that these facilities meet staff and service requirements for CSFs adjusted to
the facilities' number of Community Support Residents and their needs as set
forth in
105 CMR
153.000.
(E) No facility shall admit any additional
Community Support Residents after July 1, 1987 with the exception of those
facilities receiving licensure as a CSF under 105 CMR 153.007(C) except in the
following circumstances:
(1) facilities
granted a waiver pursuant to
105 CMR
153.031(B); and
(2) facilities seeking to readmit a resident
who may need CSF services for stabilization following a period of
hospitalization for an acute episode of mental illness.
(F)
Opportunity for Public
Comment.
(1)
Public
Notice. The applicant must publish notice of its intent to
establish a long-term care facility. The public notice, which must be submitted
to the Department for approval prior to publication, shall accurately describe
the proposed facility and meet the following requirements:
(a) Publication must be within 21 days
following the date on which the applicant received written notice from the
Department that its application was substantially complete.
(b) The notice must contain the name and
address of the proposed long-term care facility; name and address of the
proposed licensee, if different; and name and address of the owner or owners.
In addition, the written notice must contain the following statements: "A
public hearing may be requested upon petition by any group of ten adults. Such
petition shall include the name, address and signature of each adult. Written
comments concerning the proposed facility and petitions for a public hearing
may be addressed to the offices of the Department of Public Health, Division of
Health Care Facility Licensure and Certification for a period of 14 days
following this publication." The notice shall include both physical and
electronic mail addresses provided by the Department for the submission of
comments.
(c) If the notice as
published does not contain all of the information listed in 105 CMR
153.007(G)(1)(b), the Department may require republication of the notice within
a reasonable period of time.
(d)
The notice shall appear in the Legal Notice section and shall be captioned as
appropriate, such as "Public Announcement Concerning (name of health care
facility)." An identical notice shall also be published at least once in some
other section of the same newspaper.
(e) Such notice shall appear in a daily
newspaper published in the city or town of, or nearest to, the location of the
facility and be prominently displayed on the facility's website, if
available.
(f) Within three days of
publication of the notice required by
105 CMR
153.007(G)(1), the applicant
shall provide a letter, approved in advance by the Department, to the
following:
1. The Office of the State
Long-term Care Ombudsman;
2. The
Office of the Local Long-term Care Ombudsman;
3. The members of the General Court who
represent the city or town in which the facility will be located; and
4. A representative of the local officials of
the city or town in which the facility will be located.
(g) The licensee must provide a copy of the
notices to the Department within seven days of publication of the notice and of
provision to those parties listed at
105 CMR
153.007(G)(1)(f).
(2)
Hearings.
(a) Any ten
adults may form a group with a designated representative. The group's
representative may request a hearing through submission of a petition to the
Department within 14 days of the date that the public notice appeared in the
newspaper. The petition shall include the name, address and signature of each
group member. The representative will receive all correspondence regarding the
hearing.
(b) The Department shall
notify the applicant in writing that a hearing is scheduled under
105 CMR
153.007.
(c) A hearing will be held by a Departmental
representative within three weeks of receipt of a petition for
hearing.
(d) The Department shall
take any written comments and comments presented at the hearing into
consideration.
Notes
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