Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 7.00 - Payments To Applicants In Special Circumstances
Section 7.03 - Applicants Participating in a Substance Abuse or Other Rehabilitation Program

Universal Citation: 108 MA Code of Regs 108.7

Current through Register 1531, September 27, 2024

(1) Veterans' Agents Handling of These Cases.

(a) The veterans' agent shall handle a benefits application from an applicant participating in a substance abuse or other rehabilitation programs in the same manner as any other application. Prior to making a recommendation on benefits payments to the applicant, the veterans' agent shall discuss his or her substance abuse or other problem with the applicant. In substance abuse cases and before making a favorable recommendation, the veterans' agent shall have a reasonable belief that the applicant recognizes his or her substance abuse problem and has a sincere desire to be rehabilitated.

(b) On the basis of the veterans' agent's initial favorable recommendation, benefits shall begin immediately and continue for a period of two months. At the end of that period, the veterans' agent shall review the case and make further recommendations. In the ongoing management of these cases, the veterans' agent shall bear in mind that the substance abuse or other rehabilitation process frequently is marked by repeated false starts which may require successive renewals of the applicant's benefits.

(c) The veterans' agent shall closely supervise cases involving applicants undergoing substance abuse rehabilitation. Once the applicant has been returned to good physical health, the veterans' agent shall encourage and assist the applicant in completing his or her rehabilitation through work with various social service agencies.

(d) The veterans' agents shall endeavor to educate and familiarize themselves with the medical, social and emotional factors surrounding the problem of substance abuse, the other social services agencies which attempt to meet the special needs of substance abusers, and the particular facilities which offer substance abuse rehabilitation programs.

(2) Rehabilitation Facilities, Shelters, and Houses for Alcoholism, Substance Abuse, and Emotional Disorders. 108 CMR 7.00 is promulgated in connection with assistance to eligible applicants who become patients or residents in treatment or rehabilitation facilities, shelters, and houses.

(a) DVS is not authorized to make payment to any hospital for alcoholism for the treatment of a recipient who is an inpatient in such a hospital.

(b) If an eligible applicant becomes a patient or resident in such a facility, shelter, or house, aid may be granted to the applicant in accordance with the Secretary's Budget Amounts directive in effect at the time of the application.

(c) The city or town in which the applicant resided immediately prior to his or her admission to a facility, shelter, or house shall be responsible for providing the financial aid to such an eligible applicant for up to one year according to 108 CMR 3.04(1).

(d) In the event that a facility, shelter, or house has not yet been assigned a rate, the Secretary shall establish an interim rate by directive.

(e) The applicant's total income, less personal needs allowance, must be applied toward the total cost of the bill and the city or town in which the applicant resided immediately prior to his admission will be responsible for the balance.

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