105 CMR 153.015 - Limitation on New Admissions
(A) If the
Commissioner determines that a long-term care facility does not substantially
comply with M.G.L. c. 111, §§ 70E and 71 through 72L½,
105 CMR 150.000:
Standards for Long-term Care Facilities,
105 CMR 153.000, or
105 CMR 155.000:
Patient and Resident Abuse Prevention, Reporting, Investigation,
Penalties and Registry; or for a long-term care facility that
participates in the Medicare or Medicaid program(s), the federal conditions of
participation at 42 CFR 483, the Commissioner may issue an order that the
long-term care facility shall limit or not admit any new residents after a date
specified by the Commissioner.
(B)
If the Commissioner determines that jeopardy exists in a long-term care
facility, the Commissioner may issue an order that the long-term care facility
limit or not admit any new residents as of the date of the order. Any such
order will set forth the facts on which the Commissioner based the
determination that a situation or condition occurring at the long-term care
facility, such as an uncontrolled "outbreak or cluster" as defined in
105 CMR 300.020:
Definitions, presents an imminent threat to the health or
safety of residents.
(C) The
Commissioner, absent a determination of jeopardy, shall not order the licensee
to limit or not admit new residents until the licensee has been notified that
the long-term care facility does not substantially comply with applicable state
statutes or regulations or with the applicable federal conditions of
participation and that a decision to limit or cease new admissions is
contemplated, and the licensee has had a reasonable opportunity to correct the
cited deficiencies.
(D) Whenever an
order to limit or not admit any new residents to the long-term care facility is
made, the licensee may appeal the order pursuant to the procedures set forth at
105 CMR
153.018(D).
(E) An order that a long-term care facility
shall limit or not admit any new residents shall be rescinded as soon as
practicable after the Commissioner determines (i) that the long-term care
facility is in substantial compliance with the applicable state statutes or
regulations, or with the applicable federal conditions of participation, or
(ii) that the situation or condition on which the determination of jeopardy was
based no longer exists or no longer presents an imminent threat to the health
or safety of residents at the long-term care facility.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.