reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.06 - Initiation of a Request for Review

Current through Register 1525, July 5, 2024
(1) The notice
			 of action regarding a reduction or termination shall provide a period of at
			 least 14 calendar days during which services to the Client shall continue prior
			 to the effective date of the Termination of services as set forth in
			 651 CMR
			 1.08(2), or Reduction of
			 services as set forth in
			 651 CMR
			 1.08(4). An Applicant or
			 Client may request a Review of an action by an ASAP to Deny, Reduce, or
			 Terminate Home Care Program,Services by filing a request for Review with the
			 ASAP within 14 calendar days following his/her receipt of the ASAP's notice of
			 action. Such Review shall be conducted by the ASAP's Internal Case Review
			 Committee.
(2) When an ASAP is
			 notified by an Applicant or Client of a request for Review, the ASAP shall
			 within seven calendar days grant such request and notify the Applicant or
			 Client in writing of the time, date, and location of the Review meeting. Such
			 Review meeting shall be held within 21 calendar days of receipt of the request
			 for Review.
(3) The Applicant or
			 Client, or his/her representative, shall participate in the Review in person or
			 by telephone and shall be strongly encouraged to present all evidence favorable
			 to the Applicant or Client to the Internal Case Review Committee.
(4) At the Review meeting, the parties shall
			 consider information presented by the Applicant or Client including the
			 person's need for Home Care Program Services, Respite Care Services and the
			 ASAP shall fully and clearly explain the reason(s) for the action(s) at
			 issue.
(5) The ASAP shall present
			 information to the Applicant or Client on alternative services which are
			 available in the community and shall take appropriate steps to assist the
			 Applicant or Client in gaining access to such services.
(6) Within seven calendar days after the
			 meeting, the Internal Case Review Committee shall issue a decision which shall
			 briefly state the relevant facts, the applicable regulation(s), and its
			 conclusions. A copy of the decision shall be forwarded to the Applicant or
			 Client.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.07 - Initiation of Appeal of a Review Decision

Current through Register 1525, July 5, 2024
(1)
			 An Applicant or Client who disagrees with the decision of the Internal Case
			 Review Committee pursuant to
			 651 CMR 1.06(6)
			  may Appeal the action of the ASAP by filing
			 a written Appeal with Elder Affairs within 14 calendar days after receipt of
			 the Internal Case Review Committee's decision.
(2) Within seven calendar days of receipt of
			 the Appeal, ElderAffairs shall mail a notice of receipt of the Appeal to the
			 ASAP and to the Applicant or Client.
(3) When the ASAP is notified by Elder
			 Affairs of an Applicant's or Client's Appeal of the Internal Case Review
			 Committee's decision, the ASAP shall within seven calendar days, mail to Elder
			 Affairs a copy of the Review decision, a copy of any written materials which
			 were considered by the Internal Case Review Committee in arriving at its
			 decision, and, where relevant, a copy of the Applicant's or Client's most
			 recent Long Term Care, Assessment and " Progress Notes.
(4)
Elder Affairs
shall contact the Applicant or Client and ASAP within 30 calendar days of Elder
			 Affairs' receipt of the Appeal request to offer the Applicant or Client and
			 ASAP a hearing date, where appropriate.
(5) The Hearings Officer or Elder Affairs
			 may, upon a showing of good cause, extend the time period for scheduling or
			 holding a hearing. Notwithstanding the provisions of
			 801 CMR 1.02(4)(d)
			  and the provisions of
			 651 CMR 1.12,
			 all requests for such extensions of time shall be made orally or in writing
			 before the expiration of the original or previously extended time
			 period.
(6) If the action being
			 Appealed involves a novel question of interpretation of M.G.L. c. 19A or
			 651
			 CMR 3.00
et seq.,
such question shall
			 be submitted by the Hearings Officer to Elder Affairs for an opinion. Said
			 opinion shall be followed by the Hearings Officer in rendering a decision on
			 the Appeal.
(7) The Hearings
			 Officer's decision shall be rendered within 60 days after the hearing date,
			 unless extraordinary intervening events occur which necessitate an extension of
			 time up to 90 days after the hearing date.
(8) Upon Elder Affairs' receipt of the
			 Hearings Officer's decision, Elder Affairs shall forward a copy of the decision
			 to the ASAP and Applicant or Client and shall inform him/her of his/her rights
			 to further Appeal the matter as set forth in
			 651 CMR
			 1.11.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.08 - Provision of Services Pending Reviews and Appeals

Current through Register 1525, July 5, 2024
(1)
Denials
. When an
			 Applicant files a request for Review during the 14 calendar day Appeal period
			 from a ASAP decision to Deny Home Care Program Services such Services shall not
			 be provided to the Applicant until a Review or Appeals decision is rendered
			 which is favorable to the Applicant. If the Applicant is determined to be
			 eligible as the result of such Review or Appeals decision, the ASAP shall
			 initiate provision of the appropriate services as soon as possible following
			 notification to all parties of such final adjudicatory decision.
(2)
Terminations.
(a) A Client who files a timely request for
			 Review of an ASAP decision to Terminate Home Care Program Services shall
			 continue to receive such Services at the level in effect prior to the ASAP's
			 decision until the occurrence of any of the following events:
1. The Client does not file a timely request
			 for Appeal of a Review decision of the Internal Case Review Committee which
			 Terminates Home Care Program Services; or
2. The Hearings Officer on Appeal upholds the
			 decision of the Internal Case Review Committee to terminate Home Care Program
			 Services; or
3. The Appeal is
			 dismissed pursuant to
			 651 CMR
			 1.09.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.09 - Dismissal of Appeals

Current through Register 1525, July 5, 2024
(1) Notwithstanding
			 the provisions set forth in
			 801 CMR
			 1.02(10)(e), the Hearings
			 Officer or Elder Affairs may dismiss an Appeal upon the second occurrence of
			 either or the occurrence of both of the following:
(a) An Applicant's or Client's cancellation
			 of the hearing date; or
(b) An
			 Applicant's or Client's failure to appear at a scheduled hearing.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.11 - Post Decision Process

Current through Register 1525, July 5, 2024
In place of
				801 CMR
				1.02(10)(o), the following
				procedure for appeals is established. If the decision of the hearings officer
				is adverse to an applicant or client, a copy of the written decision shall be
				transmitted to the party, together with a notice informing the party of a right
				to appeal to the Division of Administrative Law Appeals any issues of law which
				he or she contends have been erroneously decided or that the decision was not
				supported by substantial evidence as shown in the record. The appeal shall be
				limited to a review of the contested issues of law or the substantiality of the
				evidence in the record, and there will not be a
de novo
hearing. Such Appeal must be made in writing and mailed to the Division of
				Administrative Law Appeals, with a copy to Elder Affairs, within 15 calendar
				days of receipt of the notice. The Hearings Officer's decision shall remain
				effective unless and until it is overturned by a decision of the Division of
				Administrative Law Appeals.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.12 - Extension of Time

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of
				801 CMR
				1.02(4)(d), it shall be
				within the discretion of Elder Affairs or the Hearings Officer, for good cause,
				to extend any time limit contained in
				651 CMR 1.00. All requests for
				extension of time shall be made in writing, unless otherwise stated, and before
				the expiration of the original or previously extended time period. The filing
				of such a request shall cause the time period sought to be extended until Elder
				Affairs or the Hearings Officer acts on the request.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.13 - Miscellaneous

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of
				801
				CMR 1.03(2),
				651 CMR 1.00 shall take effect
				upon publication thereof by the Secretary of the Commonwealth.
				651 CMR 1.00 may be cited as
				Supplementary Adjudicatory Rules of Elder Affairs.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The purpose of the Home Care Program is to assist elders in the
				Commonwealth of Massachusetts to secure and maintain maximum independence in
				their home environment.
				651
				CMR 3.00 sets forth the functions and responsibilities
				of the Executive Office of Elder Affairs and providers of Home Care Program
				Services under agreement with or using funds provided by the Commonwealth. The
				Home Care Program is funded with state monies subject to appropriation by the
				Massachusetts Legislature.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.03 - Functions and Responsibilities of the Executive Office of Elder Affairs

Current through Register 1525, July 5, 2024
(1) Elder Affairs shall be responsible for
			 the ongoing planning, coordination, administration, monitoring, and evaluation
			 activities necessary to implement the Home Care Program in the Commonwealth and
			 will provide for an ongoing program of technical assistance to agencies
			 performing home care functions in the implementation of the Home Care
			 Program.
(2)
General
			 Functions and Responsibilities
.
(a) Enter into a purchase agreement with the
			 ASAPs which sets forth the conditions under which the ASAP will receive
			 reimbursement from Elder Affairs for the provision of Home Care Program
			 Services to eligible individuals;
(b) Set forth policies and procedures
			 relative to the appropriate coordination of funding for the Home Care
			 Program;
(c) Provide ongoing
			 monitoring and evaluation of the operation of the Home Care Program by
			 ASAPs;
(d) Establish reporting
			 procedures through which Elder Affairs shall maintain current knowledge of ASAP
			 programs and operational information in order to assist Elder Affairs to
			 effectively carry out its legislative and administrative functions and
			 responsibilities;
(e) Issue written
			 policy instructions and other technical assistance information to assist ASAPs
			 to effectively carry out their respective functions and
			 responsibilities;
(f) Establish
			 written policies as to the award of contracts by the ASAP in accordance with
			 applicable Federal and State laws;
(g) Perform other functions which relate to
			 the proper and efficient administration of the Home Care Program in the State,
			 including provision for training and manpower development and public
			 information; and
(h) The Secretary
			 may issue Program Instructions to define and approve additional Home Care
			 Program Services available to Consumers to secure and maintain maximum
			 independence.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.04 - Eligibility and Enrollment

Current through Register 1525, July 5, 2024
ASAPs shall establish administrative procedures for carrying
				out the following determinations and functions:
(1)
Eligibility
. An
			 Applicant shall be eligible for Home Care Program Services if the Applicant is
			 an Elder who meets the following eligibility criteria: the application
			 requirements of 651 CMR 3.04(2); the age and residency requirements set forth
			 in 651 CMR 3.04(3); the financial eligibility requirements set forth in 651 CMR
			 3.04(4); and the Functional Impairment Level, determination of need and Service
			 Priority Matrix requirements set forth in 651 CMR 3.04(5).
(a)
Implications of MassHealth
			 Frail Elder Home and Community Based Waiver Enrollment
.
1. MassHealth members who meet Home Care
			 Program eligibility criteria under 651 CMR 3.04 shall be eligible to receive
			 Home Care Program Services provided that such services are determined to be
			 non-duplicative with other MassHealth services.
2. MassHealth members shall be ineligible for
			 Home Care Program Services if enrolled in an all-inclusive MassHealth
			 program.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.05 - Home Care Service Plan Development and Reassessment

Current through Register 1525, July 5, 2024
(1)
Service Plan
.
			 After determining an Applicant's eligibility and need for Home Care Services
			 pursuant to
			 651 CMR
			 3.04, a Comprehensive Service Plan will be
			 developed. The Home Care Service Plan will identify the services to be provided
			 to the Applicant or Caregiver to meet his or her identified needs and the date
			 on which services shall commence. The ASAP shall initiate the provision of the
			 appropriate service(s) in accordance with the time lines outlined in
			 651 CMR
			 3.04(2). Circumstances
			 resulting in exceptions to this time requirement shall be documented in the
			 Consumer's electronic record.
(2)
Service Authorization
. The ASAP shall issue a service
			 authorization to all providers in order to initiate, change, or terminate any
			 Home Care Program Service according to procedures mandated by Elder
			 Affairs.
(3)
Follow-up
			 and Reassessment
. The ASAP shall provide ongoing Interdisciplinary
			 Case Management services to the Consumer to:
(a) Assess whether the services provided to
			 the Consumer are meeting his or her needs;
(b) Ascertain whether the services are being
			 provided by the provider in a manner acceptable to the Consumer and appropriate
			 for his or her needs;
(c) Determine
			 and make necessary changes in the level, amount, and/or type of services deemed
			 appropriate by the ASAP;
(d)
			 Reassess each Consumer's current health and functional status, need for
			 services, service level, and service type by conducting in-home reassessments
			 and communicating with the elder, family members, other care givers, informal
			 supports and/or formal supports as necessary. A home visit to reassess the
			 Consumer's needs shall be conducted according to specific Elder Affairs Program
			 Instructions; and
(e) Document any
			 changes in the service pattern, including an increase, reduction, termination,
			 or suspension of services made as a result of this ongoing reassessment
			 process. A Long Term Care Assessment is required to be completed a minimum of
			 every six months and more frequently as required by changes in the Consumer's
			 circumstances, functional impairments, or service needs.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.06 - Cost Sharing

Current through Register 1525, July 5, 2024
(1)
Voluntary Co-payments
.
(a) Consumers who are eligible for the Frail
			 Elder Home and Community Based Services Waiver shall not be informed of the
			 option to make Voluntary Co-payments for services, including without
			 limitation, home delivered meals.
(b) Elders whose gross annual income does not
			 exceed the amounts set forth in the Voluntary Co-payment section of the
			 Financial Eligibility Guidelines shall be requested to make a Voluntary
			 Co-payment toward the cost of Home Care Program Services provided in accordance
			 with the schedule set forth therein.
(c) An ASAP may not deny an individual who is
			 eligible under
			 651 CMR
			 3.04 and 3.06(1)(b) for Home Care Program
			 Services because he or she will not make a Voluntary Co-payment.
(d) ASAPs shall not accept Voluntary
			 Co-payments in excess of the cost of the Client's services.
(e) ASAPs shall maintain separate accounts
			 for Voluntary Co-payments collected under 651 CMR 3.06 (1(b) and Co-payments
			 collected under 651 CMR 3.06(2)(b) and (c) and shall report such collections in
			 a manner determined by Elder Affairs.
(f) MassHealth members with any coverage type
			 whose income is at or below 300% of the Supplemental Security Income Federal
			 Benefit Rate (SSI FBR) are exempt from all co-payments, including Voluntary
			 Co-payments.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.07 - Suspension and Termination

Current through Register 1525, July 5, 2024
(1) An ASAP may
			 suspend a Consumer's Home Care Program Services if the Consumer is temporarily
			 unavailable to receive such services in his or her home for up to 90 calendar
			 days. The ASAP may extend the Suspension of Home Care Services to a Consumer
			 beyond such 90 day period for reasonable cause and shall document such cause in
			 the Consumer's record. The ASAP shall reassess the Consumer's need for services
			 when the Consumer becomes available to receive services in his or her
			 home.
(2) If it appears during such
			 Suspension period that the Consumer's unavailability will last longer than 90
			 calendar days and reasonable cause for extension of the suspension is not
			 present, the ASAP shall forward a Notice of Action to the Consumer to terminate
			 Home Care Program Services.
(3) If
			 the Consumer no longer meets the eligibility criteria for the Home Care Program
			 set forth in
			 651 CMR 3.04(2), (3),
			 (4), or (5) the ASAP shall forward a Notice
			 of Action to the Consumer to terminate Home Care Program Services.
(4)
Notice of Action
			 Requirements
.
(a) For non-Frail
			 Elder Waiver Consumers, the Notice of Action shall include the date on which
			 services were suspended; the reason for the Termination; and a statement that
			 the Consumer's Home Care Services shall be Terminated on the
			 15th calendar day after the Consumer receives such
			 Notice of Action unless the Consumer takes either of the following actions
			 prior to such date:
1. The Consumer notifies
			 the ASAP within 14 calendar days after receiving such Notice of Action that he
			 or she is available to receive Home Care Services in his or her home. The
			 Consumer's need for Home Care Program Services shall be reassessed as soon as
			 possible after the ASAP is notified that the Consumer is available to receive
			 such services; or
2. If the
			 Consumer requests a Review of such Termination of Home Care Services which is
			 received by the ASAP on or before the 14th calendar
			 day following the Consumer's receipt of such Notice of Action. If the Consumer
			 files a timely request for Review, the ASAP shall continue the Suspension or
			 continue the provision of Home Care Program Services during the Review and
			 Appeal period. If the Consumer fails to timely notify the ASAP or request a
			 Review of the Notice of Action Terminating Services as set forth in 651 CMR
			 3.07, the Consumer's request for reinstatement shall be treated as a new
			 application for Services.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 3.00 - Home Care Program Regulations › Section 3.08 - General Provisions

Current through Register 1525, July 5, 2024
(1) The ASAP shall
			 comply with regulations set forth in
			 651 CMR 1.00:
Adjudicatory Rules of Practice and Procedures
, 3.00 and 14.00:
Aging Services Access Points
, requirements set forth in the
			 Commonwealth Terms and Conditions for Human and Social Services contracts and
			 all written policies and procedures issued by Elder Affairs.
(2) Any contractor, sub-contractor or grantee
			 of Elder Affairs shall comply in all respects with
			 801
			 CMR 3.00:
Privacy and Confidentiality
and
			 651 CMR
			 5.20:
Privacy and Confidentiality
			 Requirements
, where applicable in Protective Services cases,
			 Supplementary Privacy and Confidentiality Policies and Procedures developed by
			 Elder Affairs.
(3) The
			 establishment of a Comprehensive Service Plan for an elder shall not establish
			 an entitlement to services for any eligible person for services beyond that
			 established by law or beyond the amounts appropriated for the
			 services.
(4) Insofar as a waiver
			 of a specific portion of
			 651
			 CMR 3.00 would not contradict any applicable state or
			 federal law or regulations, a waiver may be granted by the Secretary. All
			 requests for waivers must be made in writing to the Secretary by the President
			 of the Board of Directors of the ASAP. The waiver request must clearly identify
			 what section of the regulation should be waived; which conditions have made
			 such a waiver necessary; what steps have been taken to resolve current issues
			 and to insure future waivers will not be necessary; the consequences to the
			 Consumers of the ASAP of not granting the waiver request; and the consequences
			 to the ASAP of not granting the waiver request.
(5) All ASAPs and their contractors are
			 subject to audits by Elder Affairs or its authorized agents, the Secretary of
			 the Executive Office of Health and Human Services or his or her authorized
			 agents, or the Commonwealth of Massachusetts or its authorized agents.
			 Furthermore, the Governor or his or her designee, the Secretary of
			 Administration and Finance or his or her designee, and the State Auditor or his
			 or her designee shall have the right at reasonable times and upon reasonable
			 notice to examine the books, records, and other compilations of data of the
			 ASAPs which pertain to the performance of ASAP requirements. An audit may
			 include but need not be limited to a review of an ASAP's: financial statements,
			 accounting records, procedures, and management practices; compliance with and
			 efficiency in carrying out the terms of the ASAP contract.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
651 CMR 4.00 is promulgated
				pursuant to the authority granted by M.G.L. c. 19A § 6, to govern the
				Department's administration of the State funded Lunch Program for Elderly
				Persons effective January 1, 1980. This program is to be administered through
				existing Nutrition Projects funded under Title IIIC of the Older Americans Act
				of 1965 in order to maximize federal reimbursements for meals served
				hereunder.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases whenever used in
				651 CMR 4.00, unless the
				context clearly requires otherwise, shall have the following meanings:
AAA
Area Agency on Aging.
Central Production Center
A central
				kitchen which prepares and packages meals to be transported to serving
				centers.
Congregate Meal
A meal provided in a
				congregate setting to Eligible Elders which meets the requirements set by
				D.E.A.
D.E.A.
The Massachusetts Department of
				Elder Affairs.
D.R.I
. The Dietary Reference Intake,
				which is a system of nutrition recommendations from the Institute of Medicine
				(IOM) of the U.S. National Academy of Sciences. The DRI system is used by both
				the United States and Canada and is intended for the general public and health
				professionals.
Eligible Elder
An individual aged 60
				or older and his/her spouse, regardless of age.
Fiscal Year
A period of 12 calendar
				months beginning with July 1st in any calendar year
				and ending with June 30th of the following
				year.
Food Service Management Company (FSMC)
is a commercial enterprise or a non-profit organization which is, or may be,
				contracted with the AAA or Nutrition Projects to manage any aspect of elderly
				nutrition program food services.
Funded Costs
Those expenses incurred
				by the Nutrition Project which are approved by D.E.A. pursuant to agreement and
				the existing program appropriation available which are in excess of the
				participant contribution for each Congregate and Home Delivered Meal prepared
				and served.
G.A.O.
The United States General
				Accounting Office.
Home Delivered Meal
A meal which is
				furnished by a Nutrition Project to an Eligible Elder who is home bound by
				reason of illness, incapacitating disability, or isolation, which meal meets
				the requirements set by D.E.A.
H.H.S.
The United States Department of
				Health and Human Services.
Meal Site
The locations where each
				Nutrition Program serves Congregate Meals.
Nutrition Project
An organization
				which is the recipient of a grant from the appropriate Area Agency on Aging to
				provide nutrition services or which has the administrative authority under
				contract to provide nutrition services under Title III-C to a Project Area, and
				which participates in this Program.
Nutrition Services
Those federally
				funded services required to be provided by Nutrition Projects to Eligible
				Elders in accordance with Title III-C, including but not limited to Congregate
				Meals and Home Delivered Meals.
Program
The Private Vendor Portion of
				the School Lunch Program commencing on or after January 1, 1980.
Project Area
The geographic area
				served by a Nutrition Project as defined by D.E.A.
Title III-C
Title III-C of the Older
				Americans Act of 1965, (
				42 USC
				3030e
et seq.
) by the
				Comprehensive Older Americans Act Amendments of 1978
U.S.D.A.
United States Department of
				Agriculture.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.03 - Administration of the Program

Current through Register 1525, July 5, 2024
(1) Each Nutrition
			 Project taking part in the State Funded Nutrition Program will enter into a
			 written agreement with D.E.A.
(2)
			 All written agreements shall be on a form approved by D.E.A.
(3) If for any reason, D.E.A. is unable to
			 enter into or renew a written agreement with a Nutrition Project, it may
			 contract with another Nutrition Project either directly or through the Area
			 Agency on Aging (AAA) in that local area.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.04 - Nutrition Project Functions and Requirements

Current through Register 1525, July 5, 2024
Pursuant to the agreement with D.E.A. each Nutrition Project
				shall agree to meet the following requirements:
(1)
Congregate
			 Meals
.
(a) Each Nutrition Project
			 shall provide to Eligible Elders a hot or other appropriate Congregate
			 Meal.
(b) Each Congregate Meal
			 served shall contain a minimum of a of the daily recommended dietary allowances
			 as established by the Food and Nutrition Board of the National Academy of
			 Sciences, National Research Council and shall comply with D.E.A. meal
			 requirements stated in
			 651 CMR
			 4.07.
(c) The Nutrition Project shall locate Meal
			 Sites as close as possible, preferably within walking distance, to the majority
			 of Eligible Elders, and give preference to community facilities in the
			 selection of such sites.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.05 - Requirements for Meals

Current through Register 1525, July 5, 2024
(1)
General Requirement
. The Congregate Meal and Home
			 Delivered Meal offered to Eligible Elders shall comply with the most recent
Dietary Guidelines for Americans,
published by the Secretary
			 of Agriculture and meet a minimum of 33 1/3% of the dietary reference intakes
			 (DRI) established by the Food and Nutrition Board of the Institute of Medicine
			 of the National Academy of Sciences.
(2)
Menu
			 Preparation
. Each Nutrition Project, or the organization with whom
			 it contracts for the preparation of its Congregate Meals or Home Delivered
			 Meals shall prepare a menu adhering to the 1/3 of the daily recommended dietary
			 allowance requirements stated in 651 CMR 4.05(1) one month prior to the
			 implementation of the menu.
(3)
Food Components
. A Congregate Meal or Home Delivered
			 Meal shall contain, at a minimum, each of the following food components in the
			 amounts indicated:
(a) Three ounces (edible
			 portion as served) of lean meat, poultry or fish (with more emphasis on the
			 latter two) or two ounces of cheese; or one egg; or one half cup of cooked dry
			 beans or peas; or an equivalent quantity of any combination of the above listed
			 foods. To be counted in meeting this requirement, these foods must be served in
			 a main dish or in a main dish with another menu item.
(b) Two ½ cup servings of fruit and/or
			 vegetables, with emphasis on Vitamin C and green and yellow leafy vegetables.
			 Fruits should be fresh, when in season and cost permitting, or canned in water
			 or light syrup. Vegetables should be fresh or frozen, and if canned, the sodium
			 content should be reviewed prior to use. Full strength unsweetened vegetable
			 and fruit juices may be counted to meet not more than H of this
			 requirement.
(c) One slice of whole
			 grain or enriched bread or alternate. Rice and pasta products are considered
			 bread alternatives and not a vegetable substitute. Potatoes, however, are
			 considered a vegetable alternative and can be used accordingly.
(d) One teaspoon butter or fortified
			 margarine.
(e) One ½ cup
			 dessert (optional if fruit or fruit juice is already present on menu).
			 Encourage fruits for desserts and refrain from concentrated sweets.
(f) One ½ pint of fluid milk,
			 preferable non or low-fat.
(g)
			 Coffee and tea may be offered in addition to the milk and not substituted for
			 it.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.06 - Contributions by Eligible Elders

Current through Register 1525, July 5, 2024
(1)
Opportunity to Contribute
. Each Nutrition Project
			 shall:
(a) give each Eligible Elder who
			 participates in the Program information about the cost of providing the
			 Congregate or Home Delivered Meal;
(b) give each Eligible Elder who participates
			 in the Program an opportunity to contribute to part or all of the cost of the
			 Congregate or Home Delivered Meal provided;
(c) tell each Eligible Elder who participates
			 in the Program that he or she may decide freely whether or not to
			 contribute;
(d) avoid the
			 appearance of pressure to contribute;
(e) protect the privacy of each Eligible
			 Elder with respect to his or her contribution;
(f) have appropriate procedures in effect to
			 safeguard and account for all participant contributions;
(g) use all contributions to increase the
			 number of meals served under the Program.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.07 - Reimbursement Procedures

Current through Register 1525, July 5, 2024
Reimbursement payments shall be made by D.E.A. to Title III-C
				Nutrition Projects.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.08 - Non-discrimination and Affirmative Action Requirements

Current through Register 1525, July 5, 2024
(1)
Non-discrimination in Service
			 Delivery
.
(a) The Nutrition
			 Project shall not deny Congregate Meals to an Eligible Elder or deny Home
			 Delivered Meals to an Eligible Elder who has been determined to be in need of
			 such meals on the basis of race, color, religion, sex, age, national origin,
			 ancestry, physical or mental disability, or because such person is a recipient
			 of Federal, State, or local public assistance or housing subsidy.
(b) The Nutrition Project shall reasonably
			 accommodate participants with disabilities.
(c) Each Nutrition Project shall comply with
			 the applicable provisions of:
1. Title VI of
			 the Civil Rights Act of 1964 (42
			 USC 2000d
et seq
.) which
			 prohibits discrimination on the basis of race, color, or national
			 origin;
2. Section 504 of the
			 Rehabilitation Act of 1973 (42 USC 794) and the regulations promulgated
			 thereunder ( 45 CFR Part 84 ) which prohibits discrimination against qualified
			 disabilityped individuals on the basis of disability in any program or activity
			 receiving or benefitting from Federal financial assistance and requires
			 programs and activities when viewed in their entirety, to be readily accessible
			 to disabilityped persons;
3. The
			 Commonwealth's Executive Order 526, prohibiting discrimination based on
			 disability;
4. M.G.L. c. 151B
			 § 4(10) which prohibits discrimination in furnishing services on the
			 grounds that an individual is a recipient of Federal, State or local public
			 assistance or housing subsidies.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 4.00 - The State Funded Nutrition Program For Elderly Persons › Section 4.09 - Safety Codes and Training

Current through Register 1525, July 5, 2024
Each Nutrition Project shall take all steps necessary to ensure
				the safety of all Program participants. These steps shall include but not be
				limited to the following:
(1) Document
			 that all Meal Sites are in compliance with State and local health and fire
			 standards.
(2) Train all site
			 project personnel and key volunteers in emergency procedures and choke saving
			 procedures.
(3) Develop appropriate
			 health and sanitary procedures for Congregate Meals and Home Delivered
			 Meals.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
651 CMR 5.00
.
(a) establishes criteria and procedures for
			 the Department to designate, re-designate, or terminate the designation of
			 Protective Services Agencies;
(b)
			 sets forth the basis for determining those instances in which Abuse may or must
			 be reported to the Department or its designated Protective Services
			 Agencies;
(c) specifies the manner
			 in which reports of Abuse must be made; and
(d) specifies the action which must be taken
			 when receiving, investigating, and/or otherwise responding to such reports,
			 including the provision of Protective Services to Elders who are determined to
			 have been Abused.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.03 - Functions and Responsibilities of the Department

Current through Register 1525, July 5, 2024
(1) The Department shall, subject to
			 appropriation, maintain a state-wide Protective Services Program to receive
			 reports of the Abuse of Elders, which shall be accessible on a 24 hour per day,
			 seven day per week basis. Further, the Department shall, subject to
			 appropriation, develop a coordinated system of Protective Services for Elders
			 suffering from a Reportable Condition(s) pursuant to M.G.L. c. 19A, §
			 16.
(2) Subject to appropriation,
			 the responsibilities of the Department shall include, but not be limited to,
			 the following:
(a) Create and maintain the
			 operational ability to receive reports of Abuse of Elders on a 24 hour per day,
			 seven day per week basis;
(b)
			 Designate, re-designate and terminate Protective Services Agencies;
(c) Coordinate and manage the Protective
			 Services Program;
(d) Adopt rules
			 and regulations for the Protective Services Program;
(e) Monitor the effectiveness of the
			 Protective Services Program and conduct evaluative research about it;
(f) Utilize grants from federal, state, and
			 other public and private sources to support the Protective Services
			 Program;
(g) Receive reports of
			 Abuse of Elders and refer such reports to Protective Services Agencies for
			 screening, Investigation, and implementation of a Service Plan, where
			 appropriate;
(h) Seek Protective
			 Orders, as appropriate, in accordance with
			 651 CMR
			 5.16 and
			 5.17;
(i) Contract with Protective Services
			 Agencies and other organizations and individuals, as appropriate, to implement
			 the Protective Services Program;
(j) Appoint Department regional managers who
			 are responsible for program development, monitoring, technical assistance,
			 training, and clinical consultation;
(k) Publicize and provide education to
			 statewide and national organizations regarding the Protective Services
			 Program;
(l) Perform all other
			 functions necessary for the administration of the Protective Services
			 Program.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.04 - Functions and Responsibilities of a Protective Services Agency

Current through Register 1525, July 5, 2024
The responsibilities of a Protective Services Agency shall
				include, but not be limited to, the following:
(1)
Reports
.
(a) Receive reports of Abuse of
			 Elders;
(b) Screen such reports in
			 accordance with
			 651 CMR 5.09;
(c) In the event the data received is
			 insufficient, the Protective Services Agency shall ensure a reasonable effort
			 is made to provide an appropriate response.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.05 - Designation of Protective Services Agencies

Current through Register 1525, July 5, 2024
(1)
			 The Department may designate as a Protective Services Agency any public agency
			 or private nonprofit organization which has the capability to implement a
			 Service Plan through access to social, health and mental health services. The
			 Department and a Protective Services Agency shall cooperate in utilizing
			 resources and services of public and nonprofit private agencies in providing
			 Protective Services. A Protective Services Agency may be an agency whose single
			 purpose is to administer programs for Elders or a multipurpose agency with the
			 ability and capability to carry out the Protective Services Program. A
			 Protective Services Agency may not delegate to another agency the authority to
			 award or administer Protective Services funds under this designation without
			 prior written consent of the Department.
(2) Prior to designating a Protective
			 Services Agency, the Department may, in its discretion:
(a) Consider the views of the unit(s) of
			 general purpose local government and area agency on aging within the Protective
			 Services area regarding the ability of the bidding agency or organization to
			 carry out the responsibilities of the Protective Services Program;
(b) Conduct an on-site assessment to
			 determine whether a Protective Services Agency or organization which is being
			 considered has the service capability, record of past performance, and
			 management quality to perform all the functions of a Protective Services Agency
			 under the Protective Services Program;
(c) Designate a Protective Services Agency to
			 serve more than one Protective Services area if, in its judgment, no agency or
			 organization is qualified to serve as a Protective Services Agency in a given
			 area.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.06 - Termination of Designation

Current through Register 1525, July 5, 2024
The Department has the authority to terminate the designation
				of a Protective Services Agency.
(1)
			 Either party may terminate a Designation Agreement without cause upon provision
			 of written notice to the other at least 90 calendar days before the effective
			 date of such termination.
(2)
Termination for Cause
.
(a) In the event that either party fails to
			 comply with the provisions of the Designation Agreement in whole or in part,
			 the other party may, after specifying any alleged breach, default, or
			 noncompliance in writing to the other party and after allowing a reasonable
			 time, but not less than 30 calendar days for correction thereof, terminate the
			 Designation Agreement by sending written notice of termination which specifies
			 the reasons for termination to the other party, at least 30 calendar days prior
			 to the effective date of termination.
(b) If the Department determines that any
			 noncompliance with the terms of the Designation Agreement on the part of a
			 Protective Services Agency endangers the life, health, and safety of recipients
			 or applicants for services under the Designation Agreement, it shall terminate
			 the Designation Agreement by orally notifying the Protective Services Agency of
			 termination followed by the mailing of written notification, return receipt
			 requested, setting forth the reasons for termination within seven calendar days
			 following the oral notification.
(c) Termination pursuant to 651 CMR 5.06(2)
			 shall take effect upon the oral notification.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.07 - Reports

Current through Register 1525, July 5, 2024
(1) Any person who has Reasonable Cause to
			 Believe that any Elder is suffering from or has died from Abuse may make such a
			 report to the Elder Abuse Hotline, a Protective Services Agency, or the
			 Department.
(2) Reports of Abuse of
			 Elders in any infirmary maintained in a town, convalescent or nursing home,
			 rest home, charitable home for the aged or intermediate care facility for
			 persons with developmental disabilities, as defined in M.G.L. c. 111, §
			 71, shall continue to be made to the Department of Public Health pursuant to
			 M.G.L. c. 111, §§ 72(F) through 72(L) and shall not be made to the
			 Department of Elder Affairs under M.G.L. c. 19A, §§ 15 and
			 16.
(3) Reports of Abuse or
			 suspected Abuse that can reasonably be understood to constitute a criminal act
			 that endangers the health, safety, and welfare of an individual at risk should
			 also be reported to the police and may be concurrently investigated by the
			 criminal justice system.
(4)
			 Mandated Reporters Subject to Fine who have Reasonable Cause to Believe that an
			 Elder is suffering from or has died as a result of Abuse shall:
(a) immediately make a verbal report of such
			 information or cause a report to be made to the Elder Abuse Hotline, a
			 Protective Services Agency or the Department; and
(b) within 48 hours make a written report to
			 the appropriate Protective Services Agency. Executive directors of Home Health
			 agencies and Homemaker Service agencies shall establish written procedures
			 whereby reports of alleged Abuse of an Elder are forwarded to them by staff as
			 soon as possible after they are received.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.08 - Reporting Process

Current through Register 1525, July 5, 2024
(1)
Content
.
(a) Reports
			 of Abuse shall be entered into the online system of record as they are received
			 by the Elder Abuse Hotline, Protective Services Agencies, or the Department and
			 shall contain all of the information required by the system.
(b) If the intake worker is unable to obtain
			 all of the information required by the online system of record at the time of
			 the report, the intake worker will obtain at least the name and address of the
			 Elder, the nature of the reported condition of Abuse and will make all
			 reasonable efforts to obtain the name and telephone number of the
			 reporter.
(c) A report shall be
			 taken for each Elder for whom Abuse is alleged.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.09 - Screening

Current through Register 1525, July 5, 2024
Upon receipt of an oral or written report (whichever is
				received first), a Protective Services Agency shall ensure that all reports are
				evaluated immediately by a Protective Services Supervisor or designated backup
				supervisor, in order to determine the immediacy and severity of the alleged
				harm or risk, and the appropriate initial response.
(1)
Purpose of
			 Screening
.
(a) To determine
			 whether the allegation constitutes a Reportable Condition to the Protective
			 Services Program/Agency, and
(b) To
			 determine whether or not an Emergency, Rapid Response, or Routine response is
			 needed.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.10 - Investigation

Current through Register 1525, July 5, 2024
Investigation is the process of objective information gathering
				for the purpose of:
(a) assessing the
			 allegations of Abuse reported;
(b)
			 evaluating the condition of the Elder including the Decisional Capacity and
			 Functional Capacity of the Elder to determine if there is Reasonable Cause to
			 Believe that the Elder is suffering from Abuse.
(c) establishing a basis for offering
			 services if the existence of Abuse is confirmed.
The content and results of the Investigation shall be
				transcribed into the online record system as directed by the Department and
				shall document the evidence upon which a determination of the existence or
				absence of Abuse was based. At a minimum, the Investigation shall produce the
				following:
(1)
Content
.
(a) The
			 identity of the allegedly Abused Elder;
(b) The nature, extent, and cause(s) of the
			 alleged serious physical or emotional injury or Financial
			 Exploitation;
(c) The identity of
			 the person(s) or support system of Caretakers alleged to be responsible for the
			 alleged injuries;
(d) A
			 determination of the Decisional Capacity, Functional Capacity and a
			 determination of the social, physical, and emotional needs of the
			 Elder;
(e) All information
			 necessary to determine if any Reportable Condition exists;
(f) The Investigation summary shall address
			 all allegations reported and all additional types of Abuse identified during
			 the Investigation whether or not the completed Investigation resulted in
			 Reasonable Cause to Believe that Abuse exists.