Initiation of Appeal of a Review Decision

(1) An Applicant or Client who disagrees with the decision of the Internal Case Review Committee pursuant to 651 CMR 1.06(6) may Appeal the action of the ASAP by filing a written Appeal with Elder Affairs within14 calendar days after receipt of the Internal Case Review Committee's decision. (2) Within seven calendar days of receipt of the Appeal, Elder Affairs shall mail a notice of receipt of the Appeal to the ASAP and to the Applicant or Client. (3) When the ASAP is notified by Elder Affairs of an Applicant's or Client's Appeal of the Internal Case Review Committee's decision, the ASAP shall within seven calendar days, mail to Elder Affairs a copy of the Review decision, a copy ofanywrittenmaterials whichwere considered by the Internal Case Review Committee in arriving at its decision, and, where relevant, a copy of the Applicant's or Client's most recent Long Term Care Assessment and Progress Notes. (4) Elder Affairs shall contact the Applicant or Client and ASAP within 30 calendar days of Elder Affairs’ receipt of the Appeal request to offer the Applicant or Client and ASAP a hearing date, where appropriate. (5) The Hearings Officer or Elder Affairs may, upon a showing of good cause, extend the time period for scheduling or holding a hearing. Notwithstanding the provisions of 801 CMR 1.02(4)(d) and the provisions of 651 CMR 1.12, all requests for such extensions of time shall be made orally or in writing before the expiration of the original or previously extended time period. (6) If the action being Appealed involves a novel questionofinterpretationofM.G.L. c. 19Aor 651 CMR 3.00 et seq., such question shall be submitted by the Hearings Officer to Elder Affairs for an opinion. Said opinion shall be followed by the Hearings Officer in rendering a decision on the Appeal. (7) The Hearings Officer's decision shall be rendered within 60 days after the hearing date, unless extraordinary intervening events occur which necessitate an extension of time up to 90 days after the hearing date. (8) UponElder Affairs’ receipt of the Hearings Officer's decision, Elder Affairs shallforward a copy of the decision to the ASAP and Applicant or Client and shall inform him/her of his/her rights to further Appeal the matter as set forth in 651 CMR 1.11.