Code of Massachusetts Regulations
107 CMR - MASSACHUSETTS REHABILITATION COMMISSION
Title 107 CMR 11.00 - Home Care Assistance Program
Section 11.02 - Definitions

Current through Register 1531, September 27, 2024

Terms in 107 CMR 11.00 shall, unless the context otherwise requires, have the meanings ascribed below or in 107 CMR 3.00: Definitions.

Administrative Review is the informal non-adversarial process the Commission offers to individuals to resolve differences promptly. It is a review conducted by the HCAP Director that includes but is not limited to, interviews, fact gathering, negotiations, and document review.

Appeals Coordinator is the Commission employee who is responsible for scheduling informal administrative reviews, and fair hearings, as well as communicating with individuals, advocates, family members and Commission staff about appeal and mediation requests.

Applicant is an individual who has submitted an application for services of the HCAP of the Massachusetts Rehabilitation Commission.

Commission is the Massachusetts Rehabilitation Commission.

Consumer is an individual who is eligible for or receiving services from the Home Care Assistance Program.

Fair Hearing Officer is an impartial hearing officer designated by the Commission who will conduct the fair hearing and issue a decision on appeal in accordance with 801 CMR 1.02: Informal/Fair Hearing Rules.

Fair Hearing is an informal and impartial hearing process to resolve disputes that applicants and eligible individuals have regarding HCAP eligibility determinations and services.

HCAP Case Manager is the Commission employee assigned to assist individuals in identifying, coordinating and reviewing necessary services to support independent living.

Homecare Agency Worker is an employee of an agency under contract with the Commission to perform homemaking tasks as described in 107 CMR 11.08.

Homemaker is an employee of an agency under contract with the Commission to perform homemaking tasks as described in 107 CMR 11.11(1).

Homemaking Services are services described in 107 CMR 11.08, performed by a homecare agency worker or a nonagency based homecare worker.

Homemaking Services Assessment is the HCAP assessment of:

Homemaking Services Eligibility Assessment is a comprehensive review of the individual's application, documentation, and interview with the applicant to determine whether the individual meets the HCAP eligibility requirements as described under 107 CMR 11.05.

Homemaker Task Evaluation is the evaluation of the individual's capacity to perform homemaking tasks described in 107 CMR 11.08(1), performed by the Commission or its designee.

Non-agency Based Homecare Worker is an individual, chosen and directed by the eligible individual, who provides homemaking services as an independent contractor for the eligible individual.

Ombudsperson is the MRC staff person designated to function as a liaison between individuals and their representatives, and the Commission. The ombuds person is available to answer a variety of inquiries and help resolve complaints through problem-solving and negotiation between the parties.

Service Plan identifies authorized service hours needed to address an eligible individual's homemaking needs based on a Homemaker Task Evaluation.

The HCAP Review Board is the review board assigned to conduct HCAP administrative reviews and includes the HCAP Director, Deputy Commissioner of Independent Living and Chairperson of the Home Care Subcommittee of the Rehabilitation Advisory Council (RAC) or designee of the Chairperson of the HCAP RAC who must be a consumer.

The HCAP Administrative Review is an informal and impartial hearing process to settle disagreements that applicants and consumers have with HCAP decisions effecting HCAP services to individuals.