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 Room and Board 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.


104 CMR 29.03
Amended by Mass Register Issue 1368, eff. 7/1/2018.

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