Current through Register 1531, September 27, 2024
(1) The Department
or provider shall give written notice to a client if the Department intends to
deny, reduce, or terminate services, or increase the cost thereof. The written
notice shall contain:
(a) a statement of what
action the Department intends to take;
(b) the reasons for the action;
(c) the date on which the action shall become
effective;
(d) the address and
telephone number of the Department office making the decision;
(e) an explanation of the applicant's or
recipient's right to request a fair hearing;
(f) the process used to request a fair
hearing; and
(g) an explanation of
the circumstances, if any, under which services will be continued pending the
fair hearing.
(2) The
Department or provider shall mail or hand-deliver the written notice set forth
in 110 CMR 8.01(1) to the applicant or recipient at least 15 days prior to the
date of the intended action or 30 calendar days if the intended action relates
to young adult services except as set forth in 110 CMR 8.01(3).
(3) The Department or provider shall mail or
hand deliver the written notice set forth in 110 CMR 8.01(1) without advance
notice but no later than the date of action when:
(a) the Department or provider has factual
information confirming the death of the recipient of services;
(b) the Department or provider has received a
clear, written statement from the recipient that he or she no longer wishes
services;
(c) the recipient gives
to the Department information which requires termination or reduction of
services, and the recipient has indicated, in writing, that he or she
understands that this must be the consequence of supplying such
information;
(d) the recipient has
been accepted as a recipient of services in a new jurisdiction;
(e) a service was granted for a specific
period and the recipient had been informed in writing at the time of initiation
that the service would terminate at the end of the specified period;
or
(f) the department is unable to
locate the applicant or recipient after using diligent efforts.
