130 CMR, § 435.416 - Fair Hearings
(A) A member may
request a fair hearing before the Division in cases when the Division or its
agent determines, as the result of a review, that there is no administrative
necessity for a continued stay due to the availability of an appropriate
placement as described in
130 CMR
435.413.
(B) A hospital may request a fair hearing
before the Division when the Division or its agent determines, as the result of
a review, that an admission or a continued stay, or any part thereof, is not
medically necessary but is administratively necessary.
(C) A member or a hospital may request a fair
hearing before the Division when the Division or its agent determines, as the
result of a review, that an admission or continued stay, or any part thereof,
is not medically or administratively necessary.
(D) Written notice of the right to a fair
hearing and the manner in which and time within which a hearing must be
requested will be provided at the time of the determination by the Division or
its agent.
Notes
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