Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 3.00 - Home Care Program Regulations
Section 3.08 - General Provisions

(1) The ASAP shall comply with regulations set forth in 651 CMR 1.00: Adjudicatory Rules of Practice and Procedures, 3.00 and 14.00: Aging Services Access Points, requirements set forth in the Commonwealth Terms and Conditions for Human and Social Services contracts and all written policies and procedures issued by Elder Affairs.

(2) Any contractor, sub-contractor or grantee of Elder Affairs shall comply in all respects with 801 CMR 3.00: Privacy and Confidentiality and 651 CMR 5.20: Privacy and Confidentiality Requirements, where applicable in Protective Services cases, Supplementary Privacy and Confidentiality Policies and Procedures developed by Elder Affairs.

(3) The establishment of a Comprehensive Service Plan for an elder shall not establish an entitlement to services for any eligible person for services beyond that established by law or beyond the amounts appropriated for the services.

(4) Insofar as a waiver of a specific portion of 651 CMR 3.00 would not contradict any applicable state or federal law or regulations, a waiver may be granted by the Secretary. All requests for waivers must be made in writing to the Secretary by the President of the Board of Directors of the ASAP. The waiver request must clearly identify what section of the regulation should be waived; which conditions have made such a waiver necessary; what steps have been taken to resolve current issues and to insure future waivers will not be necessary; the consequences to the Consumers of the ASAP of not granting the waiver request; and the consequences to the ASAP of not granting the waiver request.

(5) All ASAPs and their contractors are subject to audits by Elder Affairs or its authorized agents, the Secretary of the Executive Office of Health and Human Services or his or her authorized agents, or the Commonwealth of Massachusetts or its authorized agents. Furthermore, the Governor or his or her designee, the Secretary of Administration and Finance or his or her designee, and the State Auditor or his or her designee shall have the right at reasonable times and upon reasonable notice to examine the books, records, and other compilations of data of the ASAPs which pertain to the performance of ASAP requirements. An audit may include but need not be limited to a review of an ASAP's: financial statements, accounting records, procedures, and management practices; compliance with and efficiency in carrying out the terms of the ASAP contract.