104 CMR 29.03 - General Provisions
(1) The Department
is responsible for providing or arranging for DMH services to adults with
serious and long term mental illness, and children and youth with serious
emotional disturbance, who are determined to meet clinical criteria and to need
DMH services. DMH services are provided along a continuum of intensity, and are
authorized in accordance with individuals' needs, as determined pursuant to
104 CMR
29.00. DMH service planning activities include
provisions for transitions between levels of intensity as individuals' needs
may change. An individual will only be authorized to receive a DMH community
service if the Department has the available capacity and resources to provide
the DMH community service.
(2) To
be authorized to receive a DMH service, an individual must:
(a) be domiciled within
Massachusetts;
(b) meet the
clinical criteria set forth in
104
CMR 29.04(3); and
(c) be determined to need a DMH service in
accordance with
104
CMR 29.04(4).
(3) An individual requesting DMH
services, or a legally authorized representative requesting services on behalf
of an individual, from the Department shall be informed that provision of DMH
services is contingent upon the availability of services and funding, and the:
(a) need to apply and be approved for DMH
services;
(b) obligation to
provide, or to assist the Department in obtaining, necessary and relevant
information about the individual's needs and resources, including access to
entitlements, insurance and other services, as determined by the
Department;
(c) individual's right
to participate in DMH services planning activities as set forth in
104
CMR 29.06;
(d) process of service planning in
determining individual needs at time of service authorization and as individual
needs change during the course of service delivery;
(e) authority of the Department or its
providers to charge for and, if applicable, adjust charges for services
pursuant to
104
CMR 30.04: Charges for
Services and for services and support to
104
CMR 30.06: Charges for Residential
Services and Supports in the Community;
(f) right to appeal:
1. a denial of an application for DMH
services based on clinical criteria or a determination regarding an
individual's need for DMH services in accordance with
104
CMR 29.16; and
2. a DMH services planning activity or
implementation decision, as included in an individual service plan or community
service plan, in accordance with
104
CMR 29.16(4); and
(g) the authority of the
Department to maintain the individual's personal health information, and to
manage its confidentiality in accordance with state and federal law.
(4) All information given to
individuals pertaining to the application and DMH services planning activities
pursuant to
104 CMR
29.00, including notifications, comprehensive
assessment of needs, clinical and other assessments, individual service plans
and community service plans shall be conveyed or written in language that is
easy to understand, and to the extent practicable, in the individual's
preferred language.
(5) DMH
services are designed to be flexible in accordance with an individual's needs,
to promote access to treatment and resiliency, be culturally competent,
facilitate recovery, and support individuals to live, attend school, work and
participate in their communities.
(6) To the maximum extent feasible,
individuals authorized to receive DMH services will receive services that are
age and developmentally appropriate and culturally competent.
(7) Unless otherwise specified, computation
of time for any action required to be taken under
104 CMR
29.00 shall be in accordance with
104
CMR 25.04: Computation of
Time.
Notes
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