Time Frames for Submission of Requests for Fair Hearings

(A) Appeals of discharges and transfers will be handled by MassHealth’s Board of Hearings (BOH) pursuant to 130 CMR 610.000: MassHealth: Fair Hearing Rules. (B) Time Limitation on the Right of Appeal. The date of request for a fair hearing is the date on which BOH receives such a request in writing. BOH must receive the request for a fair hearing within the following time limits: (1) 30 days after a resident receives written notice of a discharge or transfer pursuant to 130 CMR 456.702(A); or (2) 30 days after a nursing facility initiates a transfer or discharge or fails to readmit and fails to give the resident notice; or (3) 14 days after a resident receives written notice of an emergency discharge or emergency transfer pursuant to 130 CMR 456.702(B); or (4) 14 days after a resident receives written notice of a transfer or discharge that is the result of a nursing facility’s failure to readmit a resident following hospitalization or other medical leave of absence.