105 CMR, 150, PREAMBLE

Current through Register 1523, June 7, 2024

PREAMBLE

The Department of Public Health is charged with the responsibility of ensuring that the Commonwealth's long term care facilities provide good quality care, quality of life and safety for facility residents. In keeping with this responsibility, the Department has developed rest home regulations intended mainly to address the unmet needs of residents with mental health problems through the establishment of a new facility type referred to as Community Support Facility (CSF). The CSF is required to provide special services, staffing, and medication administration safeguards.

After the effective date of 105 CMR 150.000 only CSFs will be permitted to admit new residents from private or public psychiatric institutions. Community Support Residents (CSRs) below the age of 50 and residing in Level IV facilities or in Level IV units in multi-level facilities prior to the effective date of 105 CMR 150.000 shall not be discharged or transferred due to their age from such facilities or units without their consent (if they are competent to give such consent) or the consent of their guardian (if they are not competent). Such residents are also eligible for all services provided in a CSF as set out in these regulations. The Department will consider and approve waiver requests for admission of residents with mental health problems to non-CSF facilities when special circumstances arise. Special circumstances which may require a waiver request might include: a married couple which desires not to be separated and a resident who would be geographically separated from his/her family, or community supports (eg., church, medical care).

Rest home residents shall have the following rights as set forth in 105 CMR 150.000:

(1) The right to refuse a social services plan and a support services plan.

(2) The right to give signed consent for admission and services in a Community Support Facility (if he or she is competent to give such consent) or the written consent of his/her guardian (if he or she is not competent).

(3) The right to resident protections against arbitrary transfers or discharges related to the change in a facility's designation as a CSF or non-CSF; and

(4) The right to refuse antipsychotic medications.

The Department will monitor the implementation and effect of 105 CMR 150.000 on residents and on Level IV facilities, Level IV units and Community Support Facilities, and by July 1, 1988 will provide a report to the Public Health Council with appropriate recommendations. An opportunity will be offered for interested parties to comment on the implementation of 105 CMR 150.000 through a public meeting, which will be held prior to the Department's report to the Public Health Council.

105 CMR, 150, PREAMBLE

Amended by Mass Register Issue 1276, eff. 12/19/2014.