130 CMR, § 435.416

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.

130 CMR, § 435.416

Amended by Mass Register Issue 1302, eff. 12/18/2015.