Section 72E Convalescent and nursing homes; notice of violations; plan of correction; penalties; enforcement - Massachusetts Statutes

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.