Section 155.013 - Procedures for Notice and Hearings for Nurse Aides, Home Health Aides and HomemakersThe provisions of 105 CMR 155.013 pertain only to those accused individuals who are nurse aides, home health aides and homemakers.
(A)Notification. If, following its investigation, the Department makes a finding that a nurse aide, home health aide or homemaker has abused, neglected, or mistreated a patient or resident or misappropriated patient or resident property, it must notify in writing:(1) such nurse aide, home health aide or homemaker; and(2) the administrator of the facility in which the incident occurred, or the director of the home health agency, homemaker agency, or hospice program that employed such nurse aide, home health aide or homemaker at the time the incident occurred.(B)Timing of the Notice. The Department must notify the accused nurse aide, home health aide or homemaker in writing within ten business days of the completion of its report of its investigation.(C)Contents of the Notice. The notice must include the following: (1) the nature of the allegation(s);(2) the date and time of the occurrence, to the extent known to the Department;(3) the fact that such accused has the right to a hearing;(4) the Department's intent to report the adjudicated finding to the Registry should the Department prevail at the hearing;(5) the fact that such accused has 30 days from the date of the notice to respond and request a hearing, and if he or she fails to do so, the Department will report its findings to the Registry;(6) the consequences of waiving the right to a hearing;(7) the consequences of an adjudicated finding that the alleged patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident property did occur; and(8) the fact that such accused has the right to be represented by an attorney at the individual's own expense.(D) From the date of the Department's notice to the accused nurse aide, home health aide or homemaker until the completion of the case, the Registry will note that a case against such accused is pending.(E)Failure to Respond or Waiver of a Hearing. If the accused nurse aide, home health aide or homemaker does not make a written request for a hearing to the Department within 30 days of the date of the Department's notice, it shall be considered a waiver of his or her right to a hearing. In that case, or in the case that such accused waives the right to a hearing in writing, the Department shall report its finding to the Registry as a final finding.Amended by Mass Register Issue 1340, eff. 6/2/2017.