Transition from DMH Services to Other Levels of Service

(1) If upon redetermination in accordance with 104 CMR 29.04, the Area Director or designee determines that the client no longer meets the clinical criteria for DMH services or no longer needs such services, a date will be set for transition planning to other levels of service, as appropriate. The Area Director or designee shall: (a) notify the client and the client's legally authorized representative of the basis for the determination and, the date that transition planning will begin; (b) notify the client and the client's legally authorized representative of the right to appeal the determination based on clinical criteria pursuant to 104 CMR 29.16(3) or based on need for DMH services pursuant to 104 CMR 29.16(4); (c) note the determination in the applicable community record; (d) engage the client in transition planning to the fullest extent possible and state on the individual plan, if applicable, a transition plan with appropriate follow-up services, the name and contact information of the agency or person, if any, responsible for the provision of future services to the individual, or state that no further services are currently needed. (2) If an appeal is filed pursuant to 104 CMR 29.16, transition shall be deferred until the appeal is completed. (3) With the consent of the individual or the individual’s legally authorized representative, the Department will, for 30 days after the date of transition, support the individual to engage in appropriate services, and provide assistance in securing such services, as necessary. Such 30-day period may be extended by the Area Director or designee. If a client who has transitioned from DMH services, pursuant to 104 CMR 29.14 or 104 CMR 29.15, reapplies due to a change in circumstances, the client shall be presumed to meet clinical criteria pursuant to 104 CMR 29.04; provided however, the Department may require updated information to confirm that the client continues to meet clinical criteria or to conduct a determination of need pursuant to 104 CMR 29.04. Resumption of services shall be contingent upon a determination the client needs DMH services, and the availability of such services, as provided in 104 CMR 29.04(4).