101 CMR 129.07
Administrative Review
(1) Purpose of Administrative Review. To assure that an ICF facility’s rates are in continuing
compliance with 101 CMR 129.00, EOHHS may, at any time and upon its own motion, review an
approved rate upon notice to the facility.
(2) Administrative Review of Transfers of Cost. Where an ICF has reduced costs or increased costs
by transfer of those costs to other persons or entities which provide health care and services, EOHHS
may modify the Inpatient Rate to reflect the change in costs. In order to give effect to a transfer of
cost each ICF must file information concerning cost, volume and revenue 30 days prior to
implementation of a proposed transfer of cost, and must submit any additional information regarding
the transfer of cost which EOHHS may require.
(3) Administrative Review and Decision. Upon notice of administrative review, the ICF shall submit
such books, records, documentation, and information as EOHHS may require. After review, EOHHS
shall render a written decision and statement of reasons for its decision.