§ 72E — Convalescent and nursing homes; notice of violations; plan of correction; penalties; enforcement

Massachusetts § 72E

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XVI: PUBLIC HEALTH

Text

[ Text of section effective until December 5, 2024. For text effective December 5, 2024, see below.]Section 72E. The department shall, after every inspection by its agent made under authority of section seventy-two, give the licensee of the inspected facility notice in writing of every violation of the applicable rules and regulations of the department found upon said inspection. The department in such notice shall specify a reasonable time, not more than sixty days after receipt thereof, by which time the licensee shall remedy or correct each violation cited therein; provided, that, in the case of any violation which in the opinion of the department is not capable of correction within sixty days, the department shall require only that the licensee submit a written plan for correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice in writing to the licensee. Failure to remedy or correct a cited violation by the date specified in a written notice hereunder or failure to remedy or correct a cited violation by the date specified in a plan for correction as accepted or modified by the department, as the case may be, shall be cause for license revocation or such civil fine as may be imposed upon the licensee after complaint brought by the department under section seventy-three, unless the licensee shall demonstrate to the satisfaction of the department or the court, as the case may be, that such failure was not due to any neglect of his duty and occurred despite his attempt in good faith to make correction by the specified time. The department may pursue either remedy or both or such other sanction as the department may impose administratively upon the licensee under section seventy-one.Nothing in this section shall be construed to prohibit the department from enforcing a rule or regulation, administratively or in court, without first affording formal opportunity to make correction under this section, where, in the opinion of the department, the violation of such rule or regulation jeopardizes the health or safety of patients or the public or seriously limits the capacity of facility to provide adequate care, or where the violation of such rule or regulation is the second or subsequent such violation occurring during a period of twelve full months.Chapter 111: Section 72E. Inspection of long-term care facilities; notice of violations; plan of correction; penalties; enforcement[ Text of section as amended by 2024, 197, Sec. 14 effective December 5, 2024. For text effective until December 5, 2024, see above.]Section 72E. (a) The department shall, after every inspection by its agent pursuant to section 72, provide the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations found during said inspection. With respect to the date by which the licensee shall remedy or correct each violation, the department in such notice shall specify a reasonable time, not more than 60 days after receipt, by which time the licensee shall remedy or correct each violation cited or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice, in writing, to the licensee.(b) Failure to remedy or correct a cited violation by the correct by date shall be cause to pursue or impose the remedies or sanctions available to the department pursuant to this chapter, unless the licensee demonstrates to the satisfaction of the department or a court, where applicable, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the correct by date. An aggrieved licensee may pursue the remedies available to it pursuant to chapter 30A.(c) If the department determines the licensee failed to maintain substantial or sustained compliance with applicable state and federal laws, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee's own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such temporary manager shall be subject to the department's approval; provided, that such approval shall not be unreasonably withheld. Any such engagement of a temporary manager shall be for a period of not less than 3 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of said agreement shall be provided by the licensee to the department promptly after execution. Any payment terms included in the agreement shall be confidential and exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 and chapter 66.(d) Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction pursuant to this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.