Application Procedures

(1) Application. (a) Who May Apply. Any person may apply for supports provided, purchased, or arranged by the Department either on his or her own behalf or on behalf of another. (b) Where Application is Made. An application for supports provided, purchased, or arranged by the Department shall be made by providing a completed application form to any Department Office. Application forms may be obtained from any Department Office or online by accessing the Department through its internet address at www.mass.gov/dds. The regional eligibility team for the Department’s geographic region in which the applicant resides shall make the determination of eligibility for supports in all cases. (MA REG. # 1320, Dated 8-29-16) (c) Re-application. Individuals who previously have applied for or have been determined to be ineligible for services may re-apply provided that new and relevant information pertaining to the eligibility criteria identified in 115 CMR 6.04 or 6.06 is provided. The Department shall determine whether the newly submitted information is sufficient to warrant a re-determination. (2) Intake. Following the receipt of an application, the regional eligibility team shall inform the applicant regarding the following: (a) the criteria for eligibility for Department supports; (b) the procedures for eligibility determination; (c) the system of prioritization for receipt of supports based upon need, funding and availability; (d) the authority of the Department to charge for supports, including costs associated with a determination of eligibility; (e) the authority of the Department to require information about the applicant's and his or her family's needs, income, legal status, and resources before providing, purchasing, or arranging supports; (f) the right of the applicant to appeal a determination of ineligibility under 115 CMR 6.30 through 6.34; (g) the person's obligation, as a condition of eligibility, to consent to the Department obtaining information from current and previous service providers and other state agencies; and (h) Information regarding the eligibility and prioritization process may also be available on the Department's website at www.mass.gov/dds. (3) Eligibility Determination Process. Eligibility shall be determined by the regional eligibility team based on an analysis of the information submitted in support of the application. (a) Regional Eligibility Teams. Regional eligibility teams may be composed of any number of members as assigned by the Department. Each team must have at least one member with the following professional credentials: licensed doctoral level psychologist, master’s degree in social work, and Department eligibility specialist. (b) Determination. The Department shall determine whether the applicant: 1. is domiciled in Massachusetts; and 2. whether the person is a person with intellectual disability or developmental disability as defined in 115 CMR 2.01: Definitions. (c) Process. The eligibility determination process shall include an interview with the applicant and, if feasible, other significant persons in his or her life. The process may include: 1. Consideration of psychosocial, neuro-psychological, medical, and educational assessments; 2. For people applying for intellectual disability services, intelligence test results. (d) Clinical Judgment. Only qualified practitioners can administer and interpret psychological tests. The Department regional eligibility team psychologist should consider the psychometric properties of intelligence tests, tests of functional assessments and other assessment instruments, including the standard error of measurement, where appropriate, the regional eligibility team psychologist may consider relevant data in making clinical judgment about the presence or absence of Intellectual Disability, the presence and severity of, or absence of, Autism Spectrum Disorder or the presence or absence of Smith-Magenis Syndrome, Prader-Willi Syndrome, or closely related developmental conditions. The determination of eligibility shall be made pursuant to 115 CMR 6.04 through 6.06; (e) With respect to applicants who meet the eligibility criteria established in 115 CMR 6.04 through 6.06, the information provided in support of the application will serve as the basis for area office development of a support plan and the determination of the individual's priority to receive supports and will include a determination of the general types of supports that are adequate, most appropriate and least restrictive to meet the applicant's needs and that promote as much as possible his or her independence, productivity, and inclusion in the community. (f) Deferral of Eligibility Determination. In cases where the information submitted in support of an application is insufficient for the regional eligibility team to determine eligibility, the regional eligibility team may defer consideration of the application for up to an additional 60 days from the date of a notification provided under 115 CMR 6.02(3)(g), in order to provide the applicant with time to obtain and submit the requested information and documentation which may include new or additional testing, psychosocial, medical, educational or other assessments, or materials and interviews. (g) Notification. The regional eligibility team shall provide written notice to the applicant, his or her family, or guardian that the application has been deferred and identify the information and documentation that the regional eligibility team requires in order to determine eligibility, and the deadline for submission of requested information and documentation. (h) In the event that the person, family, or guardian does not submit the requested information and documentation by the deadline provided in the notification of deferral letter, the regional eligibility team shall determine eligibility based upon the information in its possession.