101 CMR 10.03 - Appeal of Individual Transitional Plan by a Disabled Person

Within 90 days following the receipt of an FTP approved by the TAC, a disabled person may appeal the FTP, in whole or in part, including the scope of services identified by the committee as necessary or appropriate to assist such person in realizing his or her potential for self-sufficiency in major life activities, the agencies responsible for providing such services (provided, however, that agency eligibility requirements are met), and the location and duration of such services, by filing a written notice of appeal to the EOHHS Secretary. The disabled person shall include with the notice of appeal documentation or other evidence in support of the appeal and shall provide a copy of the notice and accompanying documentation or evidence to the BTP. Failure to file a notice of appeal within 90 days following the receipt of an ITP approved by the TAC shall constitute a waiver of a right to an administrative appeal.

The EOHHS Secretary, or his or her designee, may receive and consider statements of position from the BTP and any state agency designated to provide services under the ITP. Within 30 days following the receipt of a notice of appeal, the EOHHS Secretary or designee shall issue a written ruling either affirming or modifying the ITP and shall provide a copy of the ruling to the disabled person, the BTP, and any state agency which has submitted a statement of position. The Secretary's decision shall be final and shall not be subject to further administrative review.

Notes

101 CMR 10.03
Amended by Mass Register Issue 1363, eff. 4/20/2018.

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