651 CMR, § 1.07 - Initiation of Appeal of a Review Decision

(1) An Applicant or Client who disagrees with the decision of the Internal Case Review Committee pursuant to 651 CMR 1.06(6) may Appeal the action of the ASAP by filing a written Appeal with Elder Affairs within 14 calendar days after receipt of the Internal Case Review Committee's decision.

(2) Within seven calendar days of receipt of the Appeal, ElderAffairs shall mail a notice of receipt of the Appeal to the ASAP and to the Applicant or Client.

(3) When the ASAP is notified by Elder Affairs of an Applicant's or Client's Appeal of the Internal Case Review Committee's decision, the ASAP shall within seven calendar days, mail to Elder Affairs a copy of the Review decision, a copy of any written materials which were considered by the Internal Case Review Committee in arriving at its decision, and, where relevant, a copy of the Applicant's or Client's most recent Long Term Care, Assessment and " Progress Notes.

(4) Elder Affairs shall contact the Applicant or Client and ASAP within 30 calendar days of Elder Affairs' receipt of the Appeal request to offer the Applicant or Client and ASAP a hearing date, where appropriate.

(5) The Hearings Officer or Elder Affairs may, upon a showing of good cause, extend the time period for scheduling or holding a hearing. Notwithstanding the provisions of 801 CMR 1.02(4)(d) and the provisions of 651 CMR 1.12, all requests for such extensions of time shall be made orally or in writing before the expiration of the original or previously extended time period.

(6) If the action being Appealed involves a novel question of interpretation of M.G.L. c. 19A or 651 CMR 3.00et seq., such question shall be submitted by the Hearings Officer to Elder Affairs for an opinion. Said opinion shall be followed by the Hearings Officer in rendering a decision on the Appeal.

(7) The Hearings Officer's decision shall be rendered within 60 days after the hearing date, unless extraordinary intervening events occur which necessitate an extension of time up to 90 days after the hearing date.

(8) Upon Elder Affairs' receipt of the Hearings Officer's decision, Elder Affairs shall forward a copy of the decision to the ASAP and Applicant or Client and shall inform him/her of his/her rights to further Appeal the matter as set forth in 651 CMR 1.11.

Notes

651 CMR, § 1.07