Section 164.035 - Required Notifications to the Department(A)Legal Proceedings. The Licensed or Approved Provider shall report to the Department in a manner prescribed by the Department any civil action or criminal charge that is initiated against the Licensed or Approved Provider or any person employed or contracted by the Licensed or Approved Provider that relates to the delivery of the service or may affect the continued operation of the facility. The report shall be provided no later than one business day after the initiation of any legal action.(B)Closure. When a Licensed or Approved Provider plans to cease operation, said Provider shall notify the Department, patients, and residents pursuant to 105 CMR 164.087.(C)Interruption or Suspension of Service. If a Licensed or Approved Provider determines that the health, safety or well-being of patients or residents is in imminent danger as a result of conditions existing within the program, the Licensed or Approved Provider shall notify the Department immediately upon becoming aware of the danger to patients or residents and comply with 105 CMR 164.086.(D)Change of Program or Service Provision. A Licensed or Approved Provider shall notify the Department in a manner prescribed by the Department at least 30 calendar days before any change in program or service provision. The Department shall determine whether such change requires relicensure.(E)Change of Administrator, Executive or Program Director. A Licensed or Approved Provider shall notify the Department at least 14 calendar days before a planned change of Administrator, Executive or Program Director. In the event of an unplanned departure of a director, the Licensed or Approved Provider shall notify the Department upon the next business day of the change of director in a manner prescribed by the Department.(F)Death, Serious Incident, Accident or Fire. (1) The Licensed or Approved Provider shall notify the Department, in a manner prescribed by the Department, immediately upon any of the following occurring at the program (a) learning of the death of any person currently admitted to the program, regardless of where the death occurs;(b) full or partial evacuation of the facility for any reason;(e) criminal acts alleged to have been committed by patients, residents, contractors, or staff members;(f) pending or actual strike action by its employees, and contingency plans for operation of the program;(g) alleged abuse or neglect, or physical or sexual assault, or prohibited interaction which occurs between or among patients and/or residents currently or previously treated by the program, or which occurs between or among such patients or residents and current or former staff regardless of location, including any incident which is reported to another agency or law enforcement;(h) alleged abuse or neglect at the program which includes the following:1. any reports of child abuse or neglect made under M.G.L. c. 119, § 51A;2. any reports of elder abuse or neglect made under M.G.L. c. 19A, § 15; and3. any reports of abuse of a disabled person made under M.G.L. c. 19C.(i) any condition at the program which poses a threat to the health, safety, or well-being of patients, residents, or staff;(j) confirmed cases among staff or patients and residents of communicable diseases which are reportable under 105 CMR 300.000: Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements; or(k) elopements of patients committed under M.G.L. c. 123 § 35;(l) elopements of adolescent patients; or(m) any other serious incident or accident as specified in guidelines of the Department.(2) The program shall report to the Department any other serious incident occurring on premises covered by the License or Approval that seriously affects the health, safety, or well-being of a patient(s) or that causes serious physical injury to a patient(s) within five business days of the date of occurrence of the event.Amended by Mass Register Issue 1305, eff. 1/29/2016.Amended by Mass Register Issue 1482, eff. 11/11/2022.