Current through Register 1533, October 25, 2024
Section 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.Amended by Mass Register Issue 1302, eff. 12/18/2015.