Acting Entity Rights and Responsibilities

The acting entity will (A) submit to the hearing officer at or before the hearing all evidence on which any action at issue is based; (B) designate a staff person or representative to appear at the hearing, and arrange for adequate space for the hearing if requested by BOH; (C) have the right to present witnesses; (D) where the acting entity is the MassHealth agency, ensure that the case file is present at the hearing and that the appellant has adequate opportunity to examine it before and during the hearing; (E) where the acting entity is a nursing facility, ensure that the relevant portions of an appellant’s resident record are present at the hearing and that the appellant has adequate opportunity to examine such records before and during the hearing upon reasonable request; (F) where the acting entity is DDS or DMH and the appellant is appealing his or her PASRR determination, ensure that all medical records comprising the PASRR evaluation are present at the hearing and that the appellant or the appellant’s representative has adequate opportunity to examine them before and during the hearing; (G) introduce into evidence material from pertinent documents that pertain to the issue or issues raised during the hearing and that are not otherwise confidential; (H) present and establish all relevant facts and circumstances by oral testimony and documentary evidence; (I) have the right to advance any pertinent arguments without undue interference; (J) have the right to question and refute any testimony and confront and cross-examine adverse witnesses; (K) have the right to arrange for the appearance at the hearing of a representative of other assistance programs, where appropriate; and (L) where the acting entity is a managed care contractor, ensure that the relevant paperwork is present at the hearing and that the appellant has adequate opportunity to examine it before and during the hearing. (130 CMR 610.063 Reserved)