Final Licensing Regulations

June 02, 2020

Based on our more in depth read, there are a couple of items in the final regulations of considerable concern!  These regs will be officially posted on TownHall on 22 June for a 30 day public comment period.  I have linked my assessment of the significant changes here.

While you need to carefully read all of the requirements and judge for your self, I have significant concern about the proposition that “if the provider determines that an approved corrective action was fully implemented, but did not prevent a recurrence of a violation or correct any systemic deficiencies, the provider shall:

1. continue implementing the corrective action plan and put into place additional measures to prevent the recurrence or the cited violation and address systemic deficiencies, or


2. submit a revised corrective action plan to the department for approval.”

The word of concern is “prevent” – to agree to write a policy, a procedure, a corrective action plan, training curriculum or any other such document that guide the provider’s actions or behavior that will, even if conscientiously followed, prevent a violation of any given standard, regulation, or action in our service environments, is a risky proposition.  We can all think of a hundred examples of things where we can reduce the likelihood of recurrence, but we would never promise to “prevent.”