651 CMR 1.06
Initiation of a Request for Review
(1) The notice of action regarding a reduction or termination shall provide a period of at least 14
calendar days during which services to the Client shall continue prior to the effective date of the
Termination of services as set forth in 651 CMR1.08(2), or Reductionofservices as set forth in 651
CMR 1.08(4). An Applicant or Client may request a Review of an action by an ASAP to deny,
reduce, or terminate Home CareProgramServicesbyfiling a request for Review with the ASAP within
14 calendar days following his/her receipt of the ASAP's notice of action. Such Review shall be
conducted by the ASAP's Internal Case Review Committee.
(2) When an ASAP is notified by an Applicant or Client of a request for Review, the ASAP shall
within seven calendar days grant suchrequest and notify the Applicant or Client in writing of the time,
date, and location of the Review meeting. Such Review meeting shall be held within 21 calendar days
of receipt of the request for Review.
(3) The Applicant or Client, or his/her representative, shall participate in the Review in person or by
telephone and shall be strongly encouraged to present all evidence favorable to the Applicant or Client
to the Internal Case Review Committee.
(4) At the Review meeting, the parties shall consider information presented by the Applicant or Client
including the person's need for Home Care Program Services, Respite Care Services and the ASAP
shall fully and clearly explain the reason(s) for the action(s) at issue.
(5) The ASAP shall present information to the Applicant or Client on alternative services which are
available in the community and shalltake appropriate steps to assist the Applicant or Client in gaining
access to such services.
1.06: continued
(6) Within seven calendar days after the meeting, the Internal Case Review Committee shall issue a
decision which shall briefly state the relevant facts, the applicable regulation(s), and its conclusions. A
copy of the decision shall be forwarded to the Applicant or Client.