Fair Hearings

(A) A member may request a fair hearing before the Division in cases when the Division or its agent determines, as the result of a review, that there is no administrative necessity for a continued stay due to the availability of an appropriate placement as described in 130 CMR 435.413. (B) A hospital may request a fair hearing before the Division when the Division or its agent determines, as the result of a review, that an admission or a continued stay, or any part thereof, is not medically necessary but is administratively necessary. (C) A member or a hospital may request a fair hearing before the Division when the Division or its agent determines, as the result of a review, that an admission or continued stay, or any part thereof, is not medically or administratively necessary. (D) Written notice of the right to a fair hearing and the manner in which and time within which a hearing must be requested will be provided at the time of the determination by the Division or its agent.