130 CMR 414.414
Notice of Approval or Denial of Prior Authorization
(A) Notice of Approval. For all approved prior authorization requests for nursing services, the
MassHealth agency or its designee will send written notice to the member and the independent
nurse specifying the frequency and duration of care authorized and the effective date of the
authorization.
(B) Notice of Denial or Modification and Right of Appeal.
(1) For all denied or modified prior authorization requests, the MassHealth agency or its
designee will notify both the member and the independent nurse of the denial or modification,
reason, right to appeal, and appeal procedure. The independent nurse will receive the
information about the modification and the reason from the MassHealth agency or its
designee.
(2) A member may request a fair hearing from the MassHealth agency if the MassHealth
agency or its designee denies or modifies a prior authorization request. The member must
request a fair hearing in writing within 60 days after the date of the denial or modification
unless otherwise decided by EOHHS. The Office of Medicaid Board of Hearings will
conduct the hearing in accordance with 130 CMR 610.000: MassHealth: Fair Hearing
Rules.
(C) Notice of Discontinuation and Right of Appeal.
(1) For members who no longer meet clinical criteria for CSN services, the MassHealth
agency or its designee will notify the member and the independent nurse of the
discontinuation and the reason for it. The member will also receive notification of their right
to appeal and the appeal procedure.
(2) A member may request a fair hearing from the MassHealth agency if the MassHealth
agency or its designee discontinues authorization of CSN services. Any fair hearing request
must be made in writing within 30 days after the date of the discontinuation. The Office of
Medicaid Board of Hearings will conduct the hearing in accordance with 130 CMR 610.000:
MassHealth: Fair Hearing Rules.