130 CMR, § 610.037

Current through Register 1533, October 25, 2024
Section 610.037 - Notice Requirements for PASRR Determinations
(A) When DMH or DDS issues a PASRR determination, it must provide written notice of the PASRR determination to the following:
(1) the evaluated individual and his or her legal representative;
(2) the admitting or retaining nursing facility;
(3) the attending physician; and
(4) the discharging hospital, if the individual is seeking nursing facility admission from a hospital.
(B) Notice of the PASRR determination must include the following:
(1) whether a nursing facility level of service is needed;
(2) whether specialized services, as defined by 42 CFR 483.120, are needed;
(3) the placement options available to the individual consistent with the determination and in accordance with 42 CFR 483.130(M);
(4) a statement indicating that the individual's PASRR determination is based on the individual's PASRR and that the individual was evaluated in accordance with 42 CFR 483.128;
(5) a statement informing the individual of his or her right to request a fair hearing before the BOH to appeal a PASRR Determination and that provides
(a) the address to send a request for a hearing;
(b) the time frame for requesting a hearing as provided for under 130 CMR 610.015; and
(c) a statement that the individual may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson.
(C) Notice must be mailed no later than the date of the PASRR determination.

130 CMR, § 610.037

Amended by Mass Register Issue 1354, eff. 12/18/2017.
Amended by Mass Register Issue 1397, eff. 8/9/2019.