Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 610.000 - MassHealth: Fair Hearing Rules
Section 610.065 - Powers and Duties of the Hearing Officer

(1) to administer the oath or affirmation to anyone who will testify at the hearing and to an interpreter/translator;

(2) to assist all those present in making a full and free statement of the facts in order to elicit all the information necessary to decide the issues involved and to ascertain the rights of the parties;

(3) to ensure an orderly presentation of the evidence;

(4) to ensure that all parties have a full opportunity to present their claims orally or in writing and to secure witnesses and evidence to establish their claims;

(5) to receive, rule on, exclude, or limit evidence;

(6) to ensure a record is made of the proceedings;

(7) to render a fair, independent, and impartial decision based on the issues and evidence presented at the hearing and in accordance with the law, including the MassHealth agency's rules, regulations, and Policy Memoranda, and to order MassHealth agency action if appropriate; and

(8) to inform appellants who are not fluent in English of the right to a full and accurate interpretation by their own interpreter, or by a MassHealth agency-provided interpreter. The hearing officer will conduct the bilingual hearing in accordance with the guidelines for conducting hearings through interpretation in the Hearing Officer Manual. The purpose of the guidelines is to enable non-English speaking appellants to understand and to participate in the entire hearing as fully as if the appellants were fluent in English. To achieve this end, all statements, including questions, answers, and comments, of the appellant, hearing officer, witnesses, and any other persons participating in the hearing, will be fully translated without alteration of such statements, such as by changing from the first person to the third person.

(1) limit attendance at the hearing, at his or her discretion;

(2) change the date, time, or location of the hearing on his or her own motion or at the request of any party, upon due notice to the parties;

(3) request a statement of the issues and define the issues, and, to accomplish this purpose, to request the parties' participation in prehearing activities including, but not limited to, a prehearing conference or conferences;

(4) regulate the presentation of evidence and the participation of the parties for the purpose of ensuring an adequate and comprehensive record of the proceedings;

(5) issue subpoenas on his or her own motion or upon request of any party to secure the presentation of evidence or testimony;

(6) examine witnesses and ensure that relevant evidence is secured and introduced;

(7) introduce into the hearing record by reference or production any regulations, statutes, memoranda, or other materials he or she believes relevant to the issues at the hearing;

(8) continue the hearing to a subsequent date to permit either party to produce additional evidence, witnesses, or other materials;

(9) when appropriate, direct the MassHealth agency to pay for the costs of an independent medical examination;

(10) rule on any requests that may be made during the hearing;

(11) reconvene the hearing at his or her discretion at any time before the rendering of the decision in accordance with 130 CMR 610.072 and 130 CMR 610.081; and

(12) order, at his or her discretion, written briefs to be submitted, provided that all parties are notified of the submission of the briefs and have opportunity to answer.