105 CMR 153.028 - Licensed Bed Capacity
(A) Licensed bed
capacity shall be the number of beds that the licensee is authorized to
operate. As used 105 CMR 153.028, licensed bed capacity is not a form of a
license within the meaning of M.G.L. c. 30, ยง 13.
(B) The licensee must comply with any
relevant provisions of 105 CMR 100.000: Determination of Need
prior to seeking any increase in licensed bed capacity. The
Commissioner may, upon review and approval of notice of intent and
architectural plans, grant a one time increase in quota of up to 12
beds.
(C) The licensees shall
submit written notification of any permanent reduction in the number of
licensed beds to the Commissioner.
(D) In cases where temporary removal of beds
from service is necessary for construction authorized by the Department, or for
implementation of a plan of correction for cited significant physical plant
deficiencies; or when permanent removal is necessary for a phased closure of an
entire facility, the licensee shall notify the Department in writing of the
removal of beds from service, the reason for the removal and the length of time
the beds are anticipated to be out-of-service. On receipt of such a
notification, the Department will provide the revised "operating bed capacity"
to the Office of Medicaid and the Center for Health Information and
Analysis.
(E) In all other cases
where beds are temporarily removed from service, the number of beds established
as the facility's licensed bed capacity shall be the number of beds that a
licensee is authorized to operate.
(F) Discontinuance of operation of an entire
unit of a facility for any period shall be treated as a permanent reduction in
licensed bed capacity, except where the Commissioner has granted permission in
advance. Such permission shall be given only in exceptional circumstances and
for no longer than required.
(G)
Discontinuance of operation of an entire facility or building for any period
shall be treated as an abandonment of the license therefor, except where the
Commissioner has granted permission in advance. Such permission shall be given
only in exceptional circumstances and for no longer than required.
Notes
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