Massachusetts State Laws and Regulations
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Downloadable Resources:
You MUST be logged in as a BHAP member in order to access these downloadable forms.
- Employee Confidentiality Agreement
- Employee Orientation Checklist
- Client Records Checklist
- Quality Assurance
- Initial Training Requirements
Overview
A list of overall rules and regulations for Massachusetts. Click on the appropriate question to expand for more information.
What types of chemical dependency services are offered in Massachusetts?
What does it mean to be "licensed", "certified", or "accredited" in this industry?
Licensing
A list of rules and regulations for Massachusetts with regards to licensing. Click on the appropriate question to expand for more information.
What kind of licensure and certifications are required to operate a chemical dependency treatment program in Massachusetts?
How can the licensing and credentialing agencies in Massachusetts be reached?
How does a treatment facility obtain a license?
How does a treatment facility renew, amend, or terminate its license?
What kinds of inspections might there be for licensure determination?
How can a facility prepare for inspections, on-site reviews, and audits?
Under what circumstances will the Department deny, suspend, modify, or revoke licensure?
Under what circumstances can a facility challenge the Department’s decision to deny, suspend, modify, or revoke licensure?
Operational Requirements
A list of rules and regulations for Massachusetts with regards to certification. Click on the appropriate question to expand for more information.
What kinds of information must a facility submit to the Department?
What kinds of internal policies and procedures must a licensed substance abuse facility have?
What are the requirements for client records for licensed substance abuse facilities?
What kind of governance must a licensed substance abuse facility have?
What personnel requirements exist for licensed facilities?
What other operational requirements are there for licensed facilities?
Zoning and Land Use
A list of rules and regulations for Massachusetts with regards to zoning and land use. Click on the appropriate question to expand for more information.
What are the protections afforded to small group homes used for the purpose of residential substance abuse treatment?
Are there any proximity restrictions regulating how close treatment centers may be to each other? Can an operator open a residential treatment center right next to one that is already there?
What are the basic physical plant requirements for treatment facilities?
Care, Treatment, and Services
A list of rules and regulations for Massachusetts with regards to care, treatment, and services. Click on the appropriate question to expand for more information.
What information must be disclosed to the client during intake and what must a licensed facility put in its admissions agreement?
What other documentation must be provided to clients?
How does a facility decide whether a client meets criteria for placement in a particular level of care?
What staffing must be offered at each level of care?
What services must be offered by each type of program?
What are the requirements of a chemical dependency assessment?
What must be included in an individual treatment plan?
What rules govern administration of client medications in a licensed facility?
What requirements are there to start an opioid treatment facility?
What other requirements apply to medication assisted opioid treatment?
How can an opioid treatment facility discharge a patient?
What rights are guaranteed to clients?
When policies and procedures must be in place to address behavior management?
What termination and discharge policies need to be in place?
What grounds are needed in order to dismiss a client from a program?
If a facility needs to discharge a client that relapsed, is the facility at risk if the client overdoses tonight? If so, how can the facility protect itself?
What needs to be done if a patient dies while in treatment?
How must clients’ privacy be protected?
Payment and Marketing
A list of rules and regulations for Massachusetts with regards to payment and marketing. Click on the appropriate question to expand for more information.
How can a facility respond to clients who are unable to pay the required deductibles? Can the facility waive a program participant’s financial responsibility?
What are the key issues insurers raise to demand recoupment of fees from chemical dependency treatment programs?
What marketing practices are prohibited?
What are the limits of gift giving to potential referral sources?
What kind of benefits can a facility offer existing or new clients?
Alcohol and Drug Free Housing
A list of rules and regulations for Massachusetts with regards to alcohol and drug free housing, otherwise known as sober living environments. Click on the appropriate question to expand for more information.
What is alcohol and drug free housing?
Is a license or certification required to open alcohol and drug free housing?
How can alcohol and drug free housing facilities demonstrate their commitment to meeting minimum quality standards?
What kind of services can alcohol and drug free housing offer?
What are the protections afforded by federal law to small group homes used for the purpose of sustained recovery?
Can local governments put special restrictions on alcohol and drug free housing?
What other aspects should an operator consider before choosing a location for alcohol and drug free housing?
What are alcohol and drug free housing operators’ obligations to residents?
What kind of agreement should alcohol and drug free housing operators ask residents to sign?
Can an alcohol and drug free house insist on drug tests and searches?
Can alcohol and drug free housing bill insurance for required and/or random drug testing?
Can an alcohol and drug free house make clients’ obligations contractually enforceable?
What kind of ownership and staffing structures are common with alcohol and drug free housing?
Are there any other organizations from which alcohol and drug free housing operators could find more information?
Reminder:
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Members must log in to see the full answer and download the forms.
Members log in to see the answer. Members Login | Join Today
A national membership association that provides education and advocacy for those in the behavioral health and addiction treatment industries.
We are the leading and unifying voice of addiction-focused treatment programs.
