Current through Register 1531, September 27, 2024
(1) Parties Who May Refer Cases for Review.
An individual's case may be referred to the IRT by
(a) an individual 16 years of age or
older;
(b) a state agency or a
representative of a state agency's ombudsman's office;
(c) a juvenile court in the Commonwealth of
Massachusetts;
(d) a hospital or
emergency service provider;
(e) a
school district;
(f) an attorney
representing the individual or the individual's parent or guardian;
(g) the individual's parent or guardian;
or
(h) a physician or behavioral
health care provider authorized to act on behalf of a parent or guardian who is
seeking access to services for the individual or the individual's parent or
guardian.
(2)
Documentation and Consents Required to Refer to the
IRT.
(a) A person or entity
identified in 101 CMR 27.05(1) seeking to refer an individual's case to the IRT
must provide to the co-chairs the following:
1. an IRT form containing key information,
developed and amended as necessary by the co-chairs;
2. consent from the legal custodian, or from
the individual if 18 years of age or older or otherwise authorized by law,
authorizing the IRT, the secretary of EOHHS, the commissioner of DESE, and DALA
to
a. obtain materials related to the
individual's case including, but not limited to, medical records, school
records, and any evaluation or assessment of the individual; and
b. discuss these materials and records
related to the individual's case with one another and with other individuals
directly addressing matters related to the individual's
case.
3. documentation
and any necessary description, demonstrating the individual presents a complex
case; and
4. the reason the
individual's case is being submitted to the IRT, the agencies currently
involved in the case, and a requested resolution.
(b) Authorizations for the disclosure of
Protected Health Information or Substance Use Treatment information submitted
to the co-chairs must comply with applicable requirements of HIPAA and 42 CFR
Part 2.
(c) An individual between
16 and up to 18 years of age who seeks to refer themselves to the IRT must
submit all required documents, including the consents from their legal
custodian or the person authorized to provide consent to release their records
as required in 101 CMR 27.05(2)(a)2.
(3) The co-chairs will assess the referral
submission to determine if the submission is complete and the case is eligible
for IRT review. The co-chairs may request any additional records or information
necessary to complete the referral submission or assess eligibility. A case is
referred to the IRT only after the co-chairs determine the referral submission
is complete and the case is eligible.
(4)
Withdrawal of
Referral. The legal custodian or, if authorized by law, the
individual, may withdraw a referral at any time by notifying the co-chairs in
writing.
