Implementation of the Appeal Decision

(A) Notification to Appellant. When the decision is issued, DOH shall notify the appellant of his or her right to full and prompt implementation of the decision within 30 days. The notice shall direct the appellant to notify the appropriate Department official in writing if there is not full compliance within 30 days. (B) Responsibility to the Department. (1) The Department shall be responsible for implementation of all fair hearing decisions so that the appellant will receive any benefits due within 30 days of the date of the decision. No official or any other employee of the Department shall obstruct or otherwise interfere with, review, change or attempt to influence the implementation of the fair hearing decision. 343.640: continued (2) In a case where the hearing officer has found coercive or otherwise improper conduct on the part of the Department employee, the hearing officer shall refer the record, together with the findings and any supporting documents, directly to the Commissioner or his or her designee, who shall determine what disciplinary action, if any, is appropriate and shall take such action within 30 days of the date of the decision. The remainder of 106 CMR 343.640 does not apply to appeal decisions where the sole finding is coercive or otherwise improper conduct on the part of a Department employee. (C) Procedure for Monitoring Implementation. The Department shall monitor appeal decisions to ensure implementation and compliance within 30 days of the decision.