10- 144 C.M.R. ch. 113, § 11

Current through 2024-51, December 18, 2024

Section 144-113-11 - Qualifications, Training and Responsibilities

11.1 Operating standards. The licensee shall operate in compliance with all applicable laws and regulations, consistent with the standard of conduct that a reasonable and prudent person would observe in the same situation.

11.2 Minimum age. The chief executive officer of the licensee shall be at least twenty-one (21) years of age.

11.3 Criteria. The licensee and administrator shall demonstrate their willingness and ability to operate and manage the assisted living program with regard for the best interests of consumers. In making this determination, the Department shall consider each of the following factors to the extent that they are relevant to the proposed program, ownership interest and/or employment:

11.3.1 Record and reputation for honest and lawful conduct in business and personal situations. The provider shall, as part of the license application and renewal process, authorize the Department to review the records of professional licensing boards or registers and any criminal record, child protective record or adult protective record necessary to determine compliance with these rules.

11.3.2 Financial viability, including but not limited to, a history of timely payment of employee federal withholding taxes, a good credit rating from an appropriate agency and/or financial institution, capability of obtaining financing for working capital.

11.4 Training for Assisted Living Provider. The licensee shall attend any training sessions that the Department determines are necessary to meet licensing standards.

11.5 Administrator. There shall be an administrator who holds a current professional license related to residential care, assisted living programs or health care, or have a combination of five (5) years of education or experience in the health care field, including financial management and staff supervision. In addition, the administrator must meet the following qualifications:

11.5.1 The administrator shall be at least twenty-one (21) years of age.

11.5.2 The administrator shall have management and supervisory experience, including the capacity to manage the financial operations and staff of the assisted living program for which the license is sought.

11.5.3 The administrator shall have experience in the field of health care, social services or areas related to the provision of assisted living services.

11.5.4 The administrator shall demonstrate conduct which shows an understanding of, and compliance with, consumers' rights.

11.5.5 The administrator shall provide information which relates to the ability and willingness to comply with all applicable laws and regulations.

11.5.6 The administrator shall provide any information reasonably related to the ability to provide safe and appropriate services at the level of care for which the license is sought.

11.6 Administrator training. The Administrator shall attend any training sessions which the Department determines to be mandatory.

11.7 Direct Services staff. No person under the age of eighteen (18) shall provide direct services except for CNAs sixteen (16) or older who are acting in the capacity of a CNA.

11.8 Employee records. Individual employee records are required, and must contain the initial date of employment, date of birth, home address and telephone number, experience and qualifications, social security number, copy of current occupational license (if applicable), references and reference check information, job description, record of participation in in-service, orientation or other training programs, results of annual personnel evaluations, disciplinary actions, illness and injury records and date of and reason for termination. Records may be computerized.

10- 144 C.M.R. ch. 113, § 11