Notice Requirements for PASRR Determinations

(A) When DMH or DDS issues a PASRR determination, it must provide written notice of the PASRR determination to the following: (1) the evaluated individual and his or her legal representative; (2) the admitting or retaining nursing facility; (3) the attending physician; and (4) the discharging hospital, if the individual is seeking nursing facility admission from a hospital. (B) Notice of the PASRR determination must include the following: (1) whether a nursing facility level of service is needed; (2) whether specialized services, as defined by 42 CFR 483.120, are needed; (3) the placement options available to the individual consistent with the determination and in accordance with 42 CFR 483.130(M); (4) a statement indicating that the individual’s PASRR determination is based on the individual’s PASRR and evaluation and that the individual was evaluated in accordance with 42 CFR 483.128; (5) a statement informing the individual of his or her right to request a fair hearing before the BOH to appeal a PASRR Determination and that provides (a) the address to send a request for a hearing; (b) the time frame for requesting a hearing as provided for under 130 CMR 610.015; and (c) a statement that the individual may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson. (C) Notice must be mailed no later than the date of the PASRR determination. (130 CMR 610.038 through 610.045 Reserved)