Current through Register 1531, September 27, 2024
(1) There will be an interagency review team
(IRT) to review complex cases. The IRT will include the following members:
(a) the secretary of EOHHS or a designee, and
the commissioner of DESE or a designee, who will serve as co-chairs of the
IRT;
(b) the assistant secretary of
MassHealth or a designee;
(c) the
commissioner of the Department of Mental Health (DMH) or a designee;
(d) the commissioner of the Department of
Children and Families (DCF) or a designee;
(e) the commissioner of the Department of
Developmental Services (DDS) or a designee;
(f) the commissioner of the Department of
Youth Services (DYS) or a designee;
(g) the commissioner of the Department of
Early Education and Care (EEC) or a designee;
(h) the secretary of the Executive Office of
Education (EOE) or a designee;
(i)
a representative of the OCA; and
(j) a representative from the school district
or districts responsible for any aspect of the individual's
education.
(2) All
members of the IRT will have authorization to make decisions on behalf of their
appointing entity. The co-chairs and any IRT member may perform their roles and
responsibilities related to the IRT through a designee(s).
(3) The IRT will be responsible for
(a) conducting reviews of complex cases which
have been confirmed eligible by the co-chairs, as described in
101
CMR 27.07;
(b) participating in IRT meetings convened by
the IRT co-chairs;
(c) ordering
expedited eligibility determinations by a state agency and evaluations, if
necessary, to determine the individual's current service needs, provided that
if an extended evaluation at special education residential school is ordered by
the IRT, it is separate from any extended evaluation under
603
CMR 28.05(2)(b);
(d) providing updates and opportunities for
input to the individual's parent or guardian and to the individual during the
IRT review process;
(e) submitting
requests for funds from the Interagency Services Reserve Fund to the cochairs,
to effectuate the IRT review or for other permissible purposes described in
101
CMR 27.08;
(f) after collecting and reviewing all
necessary information, issuing a consensus determination as to the services
currently in place for the individual, additional services that are needed to
meet the individual's current needs, which agencies will provide such services,
and which agencies have fiscal responsibilities to pay for such services;
and
(g) referring the case to the
co-chairs in the event a consensus determination cannot be reached.
(4) The secretary of EOHHS and
commissioner of DESE, as co-chairs of the IRT, will facilitate the IRT process
by
(a) receiving and conducting a preliminary
review of each case submitted as a referral to the co-chairs to determine if
the case is eligible for IRT review;
(b) convening the IRT for the initial meeting
on the complex case within the timing required in
101
CMR 27.07(2). The co-chairs
may convene a subset of the IRT members according to the circumstances of the
individual's case; provided, however, a representative of the OCA will be
present for all team meetings;
(c)
participating in the review and determination of the complex case;
(d) issuing the determination of the IRT,
where a consensus determination could not be reached and the case is referred
to the co-chairs to issue the final determination;
(e) reviewing and authorizing expenditures of
the Interagency Services Reserve Fund to effectuate the purposes of the IRT
review, consistent with
101
CMR 27.08;
(f) establishing protocols to inform
individuals, parents, and guardians of the availability of the interagency
review; and
(g) establishing data
gathering and reporting requirements to document the activities of the IRT and
to provide the information required for the annual report, as required in
101
CMR 27.12.
(5) The secretary of EOHHS, in addition to
the responsibilities in 101 CMR 27.04(4), will issue the IRT's annual report as
required in
101
CMR 27.12, summarizing the cases reviewed by
the team in the previous year, the length of time spent at each stage, and the
final resolutions.