Interagency Review Team Membership and Roles and Responsibilities

(1) There will be an interagency review team (IRT) to review complex cases. The IRT will include the following members: (a) the secretary of EOHHS or a designee, and the commissioner of DESE or a designee, who will serve as co-chairs of the IRT; (b) the assistant secretary of MassHealth or a designee; (c) the commissioner of the Department of Mental Health (DMH) or a designee; (d) the commissioner of the Department of Children and Families (DCF) or a designee; (e) the commissioner of the Department of Developmental Services (DDS) or a designee; (f) the commissioner of the Department of Youth Services (DYS) or a designee; (g) the commissioner of the Department of Early Education and Care (EEC) or a designee; (h) the secretary of the Executive Office of Education (EOE) or a designee; (i) a representative of the OCA; and (j) a representative from the school district or districts responsible for any aspect of the individual’s education. (2) All members of the IRT will have authorization to make decisions on behalf of their appointing entity. The co-chairs and any IRT member may perform their roles and responsibilities related to the IRT through a designee(s). (3) The IRT will be responsible for (a) conducting reviews of complex cases which have been confirmed eligible by the co- chairs, as described in 101 CMR 27.07; (b) participating in IRT meetings convened by the IRT co-chairs; (c) ordering expedited eligibility determinations by a state agency and evaluations, if necessary, to determine the individual’s current service needs, provided that if an extended evaluation at special education residential school is ordered by the IRT, it is separate from any extended evaluation under 603 CMR 28.05(2)(b); (d) providing updates and opportunities for input to the individual’s parent or guardian and to the individual during the IRT review process; (e) submitting requests for funds from the Interagency Services Reserve Fund to the co- chairs, to effectuate the IRT review or for other permissible purposes described in 101 CMR 27.08; (f) after collecting and reviewing all necessary information, issuing a consensus determination as to the services currently in place for the individual, additional services that are needed to meet the individual’s current needs, which agencies will provide such services, and which agencies have fiscal responsibilities to pay for such services; and (g) referring the case to the co-chairs in the event a consensus determination cannot be reached. (4) The secretary of EOHHS and commissioner of DESE, as co-chairs of the IRT, will facilitate the IRT process by (a) receiving and conducting a preliminary review of each case submitted as a referral to the co-chairs to determine if the case is eligible for IRT review; (b) convening the IRT for the initial meeting on the complex case within the timing required in 101 CMR 27.07(2). The co-chairs may convene a subset of the IRT members according to the circumstances of the individual’s case; provided, however, a representative of the OCA will be present for all team meetings; (c) participating in the review and determination of the complex case; (d) issuing the determination of the IRT, where a consensus determination could not be reached and the case is referred to the co-chairs to issue the final determination; (e) reviewing and authorizing expenditures of the Interagency Services Reserve Fund to effectuate the purposes of the IRT review, consistent with 101 CMR 27.08; (f) establishing protocols to inform individuals, parents, and guardians of the availability of the interagency review; and (g) establishing data gathering and reporting requirements to document the activities of the IRT and to provide the information required for the annual report, as required in 101 CMR 27.12. (5) The secretary of EOHHS, in addition to the responsibilities in 101 CMR 27.04(4), will issue the IRT’s annual report as required in 101 CMR 27.12, summarizing the cases reviewed by the team in the previous year, the length of time spent at each stage, and the final resolutions.