Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure
Section 1.08 - Provision of Services Pending Reviews and Appeals
Current through Register 1531, September 27, 2024
(1) Denials. When an Applicant files a request for Review during the 14 calendar day Appeal period from a ASAP decision to Deny Home Care Program Services such Services shall not be provided to the Applicant until a Review or Appeals decision is rendered which is favorable to the Applicant. If the Applicant is determined to be eligible as the result of such Review or Appeals decision, the ASAP shall initiate provision of the appropriate services as soon as possible following notification to all parties of such final adjudicatory decision.
(2) Terminations.
(3) Terminations: Exceptions. Notwithstanding the provisions of 651 CMR 1.08(2), a Client who files a timely request for Review of an ASAP decision to Terminate Home Care Program Services shall continue to receive such Services at the level in effect prior to the ASAP's decision only during the 14 calendar day request for Review period, at the end of which Services shall be Terminated, in the following circumstances:
(4) Reductions. A Client who files a timely request for Review of an ASAP decision to Reduce Home Care Program Services, including but not limited to an ASAP decision to reduce Services due to unavailability of funding as described in 651 CMR 3.05(1), shall continue to receive such Services at the level in effect prior to the ASAP's decision only during the 14 calendar day request for Review period. Such Services shall be reduced to the level set forth in the ASAP notice of action to the Client following such 14 calendar day request for Review period. If the decision of the Internal Case Review Committee or Hearing Officer is favorable to the Client, Services shall be resumed at the previous level in accordance with such decision. If the decision is unfavorable to the Client, Services shall continue at the reduced level pending the Client's next Reassessment.