Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure
Section 1.04 - Definitions

For the purposes of 651 CMR 1.00, and as a supplement to the definitions in 651 CMR 3.01(2), these terms shall have the following meanings:

Appeal means a process initiated by a Client's or Applicant's claim that a Review decision by an ASAP's Internal Case Review Committee is contrary to 651 CMR 3.00et seq., which is submitted to Elder Affairs _and is resolved by a decision of a Hearings Officer, pursuant to 651 CMR 1.00, 651 CMR 3.03(9), 651 CMR 3.03(10), and 651 CMR 3.00 generally.

ASAP means Aging Services Access Point, as defined in 651 CMR 3.01(2).

Denial means an ASAP's determination made pursuant to 651 CMR 3.03 that an Applicant, as defined in 651 CMR 3.01, is ineligible for Home Care Program Services, as defined in 651 CMR 3.01(2). It shall be deemed a Denial where an Applicant who has been determined to be eligible for Home Care Program Services is not provided with such Services due to the unavailability of funds as described in 651 CMR 3.05(1).

Elder Affairs means the Executive Office of Elder Affairs of the Commonwealth of Massachusetts

Hearings Officer means the presiding officer, as described in 801 CMR 1.02(10), designated by the Secretary to conduct, schedule, and hold hearings on Appeals, rule on motions, and render decisions on Appeals.

Reduction means an action of an ASAP which results in a decrease in the number of hours of Home Care Program Service(s) received by a Client, or a change in type of Home Care Program Services which results in a decrease in the number of hours of Home Care Program Service(s) received by a Client, or a change in type of Home Care Program Service where the new Service is not substantially similar to the old Service. Unfilled but authorized Home Care Program Service hours due to a temporary lack of provider availability shall not be deemed a Reduction for purposes of an appeal, as set forth in 651 CMR 3.03(9). A change in service plan due to unavailability of funding as described in 651 CMR 3.05(1) shall be deemed a Reduction for purposes of 651 CMR 3.03(9).

Review means a process initiated by a Client's claim that an action or decision of an ASAP is contrary to regulations. Such claim is addressed by a decision of the Internal Case Review Committee in accordance with 651 CMR 1.06 and may be the subject of an Appeal in accordance with 651 CMR 1.07 if the decision on Review is adverse to the Client.

Substantial Evidence means any evidence on which a reasonable person might, but not necessarily must or will, rely in making a decision or in coming to a conclusion.

Summary Decision means a decision by the Hearings Officer on an Appeal as to all or part of a matter, based on written materials submitted by an Applicant or a Client, the ASAP, or Elder Affairs, if there is no genuine issue as to any material fact.

Termination means the cessation of all Home Care Program Services to a Client, by an ASAP, which results in the closing of a case. For purposes of an appeal, as set forth in 651 CMR 3.03(9), a cessation of Home Care Program Services due to the unavailability of funding, as described in 651 CMR 3.05(1), shall be deemed to be a Termination.