Bureau Review of Program Decisions to Terminate

(A) The Licensed or Approved Provider shall afford the patient the right to appeal the determination of the hearing officer. The patient must request this appeal in writing to the Bureau within three business days following the receipt of the adverse decision. The scope of the appeal shall be limited to the Bureau's review of whether the Licensed or Approved Provider adhered to the policies and procedures in compliance with 105 CMR 164.075 and 105 CMR 164.311(D). The patient's written appeal shall contain the basis of the appeal. The Bureau will either affirm or reverse the hearing officer's decision, or remand the decision to a new hearing officer for a new hearing. The decision of the Bureau will be made as follows: (1) In the case of an emergency termination, the Bureau shall decide within one business day of receipt of the complete hearing record and written materials submitted by both parties; and (2) In the case of a nonemergency termination, the Bureau shall decide within ten business days of the Bureau's receipt of the complete hearing record and written materials submitted by both parties. (B) A Licensed or Approved Provider's failure to submit the complete hearing record will result in a finding for the patient. The hearing officer shall deliver a written decision, outlining the reason(s) for the decision, to the patient, his or her advocate, and the program. The decision of the Bureau is final. (C) In the case of a nonemergency termination, if the patient timely appeals the hearing decision, the Licensed or Approved Provider may not terminate the patient, or begin medically supervised withdrawal, without first receiving, and ensuring the patient also receives, the Bureau's decision on appeal.