Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.03 - Definition of Terms

Current through Register 1525, July 5, 2024
The following terms used in
				101 CMR
				27.00 have the meanings given in 101 CMR 27.03 unless
				the context clearly requires a different meaning.
Bureau of Special Education Appeals
				(BSEA)
. The entity with jurisdiction under M.G.L. c. 71B and the
				federal Individuals with Disabilities Education Act to mediate and adjudicate
				disputes related to the provision of special education and related services to
				children with disabilities.
Complex Case
. A case involving an
				individual as defined in 101 CMR 27.03, where there is a lack of consensus or
				resolution between state agencies as to the individual's current service needs
				or placement, and the individual is waiting in a hospital emergency department,
				a medical bed, at home or other location and in urgent need of a disposition
				(placement, or identifying entity responsible for payment). A complex case will
				not include
(a) individuals who are
			 deemed to meet hospital level of care requiring admission to an acute care
			 hospital or inpatient psychiatric facility inclusive of the Department of
			 Mental Health (DMH) Adolescent Continuing Care Unit, an Intensive Residential
			 Treatment Program (IRTP), or at a psychiatric inpatient developmentally
			 disabled unit; or
(b) cases where
			 there is agreement as to the services or placement necessary for the
			 individual, including agreement as to which entity is responsible for payment,
			 and the individual has been on the waiting list for such services or placement
			 for less than 60 days.
DALA
. The Division of Administrative
				Law Appeals.
DCF
. The Department of Children and
				Families, an agency within EOHHS.
DDS
. The Department of Developmental
				Services, an agency within EOHHS.
EEC
. The Department of Early Education
				and Care.
DESE
. The Department of Elementary and
				Secondary Education.
DMH
. The Department of Mental Health,
				an agency within EOHHS.
DYS
. The Department of Youth Services,
				an agency within EOHHS.
EOE
. The Executive Office of
				Education.
EOHHS
. The Executive Office of Health
				and Human Services.
EOHHS State Agency
. The agencies
				described in M.G.L. c. 6A, § 16 as within EOHHS, including
				MassHealth.
IDEA
. The federal Individuals with
				Disabilities Education Act, 20 U.S.C. §§
									1400
et seq
. The IDEA and M.G.L. c. 71B govern the provision of
				special education to eligible Massachusetts students.
Individual
. A person who
(a) is under the age of 22;
(b) is disabled or has complex behavioral
			 health or special needs; and
(c)
			 qualifies or may qualify for services from one or more state agencies, or for
			 special education services through their school district.
Interagency Review Team (IRT)
. The
				group of agencies and school district(s), as applicable, which are designated
				pursuant to M.G.L. c. 6A, § 16R(b), to conduct reviews and issue
				determinations for complex cases in accordance with the requirements of
				101 CMR
				27.00.
Interagency Services Reserve Fund
. The
				fund established pursuant to M.G.L. c. 29, § 2TTTTT, administered by the
				secretary of EOHHS to effectuate the purpose of the interagency review
				established through M.G.L. c. 6A, § 16R and
				101 CMR
				27.00.
Legal Custodian
. A parent, legal
				guardian, or a person or entity with legal custody of the individual or the
				authority to consent to services or treatment and to authorize the release of
				information about the individual.
Medical Bed
. A bed in a hospital unit
				to which an individual is admitted while waiting to be placed in an appropriate
				therapeutic setting or to be provided with appropriate evaluations and
				services, and not for treatment for a medical condition.
OCA
. The Commonwealth of Massachusetts
				Office of the Child Advocate.
Referral Date
. The date the co-chairs
				determine the referral submission is complete and the case is eligible for IRT
				review, as set forth in
				101
				CMR 27.05(3)  and
				101
				CMR 27.06.
School District
. Consistent with the
				definition in
				603
				CMR 28.02:
Definitions
, a
				Massachusetts municipal school department or regional school district, a county
				agricultural school, and any other Massachusetts public school established by
				statute, certificate, or charter, with programmatic or financial responsibility
				for certain children and individuals in accordance with the procedures of
				603
				CMR 28.10:
School District
				Responsibility
.