reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 5.00 - Standards To Promote Dignity › Section 5.15 - Medication

Current through Register 1525, July 5, 2024
(1) The use of
			 medications by programs subject to
			 115
			 CMR 5.00 is prohibited except as provided in 115 CMR
			 5.15.
(2) Medication shall not be
			 used by programs subject to
			 115
			 CMR 5.00 as punishment, or in quantities that
			 interfere with the individual's habilitation.
(3) Medication shall not be used by programs
			 subject to
			 115
			 CMR 5.00 for the convenience of staff or as a
			 substitute for programming.
(4)
			 Medication used to manage or treat challenging behavior shall be administered
			 subject to the requirements of 115 CMR 5.15.
(a) Medication used to manage or treat
			 challenging behavior shall be administered in accordance with the
			 recommendations of the prescribing health care provider and contained in a
			 medication treatment plan referencing the individual's PBSP, if appropriate.
			 The presence of a medication treatment plan should be noted at the next annual
			 individual support planning meeting.
(b) The medication treatment plan shall
			 contain at least the following information identified by the prescribing health
			 care provider:
1. a description of the
			 challenging behavior described in objective terms, to be managed or
			 treated;
2. information concerning
			 the common risks and side effects of the medication, procedures to minimize
			 such risks, and description of clinical indications that might require
			 suspension or termination of the drug therapy;
3. data tracking necessary for ongoing
			 monitoring such that the individual's clinical course may be evaluated;
			 and
4. in the case of antipsychotic
			 medications only where there is a court order specifying the treatment, unless
			 the individual is capable of giving informed consent for such treatment and has
			 given consent or a medical emergency exists. A medical emergency is a situation
			 in which the individual's mental condition requires medical attention or
			 treatment to prevent immediate, substantial and irreversible deterioration of a
			 serious mental illness.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 5.00 - Standards To Promote Dignity › Section 5.16 - Rights and Responsibilities of Service Providers

Current through Register 1525, July 5, 2024
In addition to any other rights and responsibilities set forth
				elsewhere in 115 CMR or in other applicable state or federal laws or judicial
				decrees, all providers (including all those who contract with or are subject to
				certification, licensure or regulation by the Department) shall have the
				following rights and responsibilities:
(1) The responsibility to provide services or
			 supports in accordance with the Department's regulations, its contract with the
			 Department, and each individual's ISP;
(2) The responsibility to provide service and
			 supports in accordance with the standards for dignity set forth in
			 115
			 CMR 5.00;
(3) The right and the responsibility not to
			 accept for services any individuals who are beyond its professional or physical
			 capacity to serve, unless directed to do so in an emergency pursuant to the
			 emergency service provisions of the Department's regulations;
(4) The responsibility to notify the
			 Department if an individual accepted for services is no longer within its
			 professional capacity to serve; and
(5) The right and the responsibility to
			 participate in the ISP planning process, including developing and implementing
			 provider strategies to meet objectives set forth in an individual's ISP,
			 subject to: the monitoring and coordinating responsibilities of the Department;
			 the requirements of the provider's contract with the Department; and subject to
			 the appeal rights of individuals and others authorized to appeal.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
.
(a)115 CMR
				6.01 through
				6.09
				applies to applicants for supports provided, purchased, or arranged by the
				Department.
(b) No person may
				receive supports provided, purchased, or arranged by the Department (other than
				emergency supports and information and referral services as noted in
				115 CMR
				6.09 ) unless the person is determined
				eligible for such supports under 115 CMR 6.01 through
				6.09.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.02 - Application Procedures

Current through Register 1525, July 5, 2024
(1)
Application
.
(a)
Who May Apply
. Any person may apply for supports
				provided, purchased, or arranged by the Department either on his or her own
				behalf or on behalf of another.
(b)
Where Application is Made
. An application for supports
				provided, purchased, or arranged by the Department shall be made by providing a
				completed application form to any Department Office. Application forms may be
				obtained from any Department Office or online by accessing the Department
				through its internet address at
www.mass.gov/dds
. The regional
				eligibility team for the Department's geographic region in which the applicant
				resides shall make the determination of eligibility for supports in all
				cases.
(c)
Re-application
. Individuals who previously have
				applied for or have been determined to be ineligible for services may re-apply
				provided that new and relevant information pertaining to the eligibility
				criteria identified in
				115
				CMR 6.04 or
				6.06
				is provided. The Department shall determine whether the newly submitted
				information is sufficient to warrant a re-determination.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.03 - Eligibility Letter

Current through Register 1525, July 5, 2024
(1)
Distribution
. Upon completion of the eligibility
				determination, the regional eligibility team shall provide written notification
				of the eligibility determination within 60 days of receipt of a complete
				application to the applicant, the applicant's guardian, if any, and the area
				director or his or her designee notifying the applicant and/or his or her
				guardian of the decision and the basis therefore.
(2)
Contents
. The
				letter shall contain the following findings and statements:
(a) the eligibility status of the
				applicant;
(b) if not eligible, the
				specific reasons for the determination of ineligibility;
(c) the identification of the applicant's
				area of service if eligible;
(d)
				the names of the regional eligibility team staff that can be contacted for
				additional information or problem resolution;
(e) a statement that the applicant has the
				right to appeal any finding of the eligibility letter, within 30 days of
				receipt pursuant to
				115 CMR 6.30
				through
				6.32;
(f) a statement that supports cannot be
				initiated without the agreement of the applicant or guardian, and the
				Department; and
(g) a statement
				that the applicant or guardian shall have, an opportunity to meet with a
				regional eligibility team designee for an explanation of the letter and for an
				opportunity to discuss any of its findings, if requested within 15 days of the
				receipt of the report.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.04 - Adult Eligibility for Intellectual Disability or Developmental Disability Supports

Current through Register 1525, July 5, 2024
(1) Persons who
				are 22 years of age or older are eligible for Intellectual Disability Supports
				provided, purchased, or arranged by the Department if the person:
(a) is domiciled in the Commonwealth;
				and
(b) is a person with
				intellectual disability as defined in
				115 CMR 2.01:
Definitions.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.05 - Special Eligibility

Current through Register 1525, July 5, 2024
(1)
				Any person identified in the Class Member Identification List as of April 30,
				1993, regardless of current place of residence, or any person who, on or after
				April 30,1993 has resided at Monson Developmental Center, Fernald Developmental
				Center, Wrentham Developmental Center, Templeton Developmental Center or Dever
				Developmental Center during more than 30 consecutive days or for more than 60
				days during any 12-month period shall have special eligibility for services
				provided, purchased, or arranged by the Department.
(2) A person with special eligibility is
				entitled to:
(a) an assessment of
				eligibility;
(b) a designation of
				area of service;
(c) assignment of
				a service coordinator;
(d) an
				Individual Support Plan and substantial provision of the services or supports
				recommended in his or her Individual Support Plan for so long as such services
				or supports are needed and authorized by the individual and his or her
				guardians; and
(e) the least
				restrictive, most typical, appropriate residential environment, together with
				the most appropriate treatment, training and support services suited to that
				person's individual needs.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.06 - Eligibility for Children's Supports

Current through Register 1525, July 5, 2024
(1)
				Persons who are younger than 22 years of age may be eligible for Children's
				Supports provided, purchased, or arranged by the Department if the person:
(a) is domiciled in the Commonwealth;
				and
(b) for persons who are five
				through 22 years of age, either:
1. have a
				severe chronic disability that:
a. is
				attributable to a mental or physical impairment resulting from Intellectual
				Disability, Autism Spectrum Disorder, Smith-Magenis Syndrome or Prader-Willi
				Syndrome;
b. is likely to continue
				indefinitely;
c. results in
				substantial functional limitations; or
2. have a verified diagnosis of Intellectual
				Disability or a closely related developmental condition that results in
				substantial functional limitations, or
(c) for persons from birth to age five a
				substantial developmental delay or specific congenital or acquired condition
				with a high probability of resulting in a developmental disability if services
				are not provided.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.07 - Prioritization for Supports

Current through Register 1525, July 5, 2024
(1)
Priority Determination
.
(a) Except as to individuals who have special
				eligibility pursuant to
				115 CMR 6.05,
				all supports, including assessments, planning and the development and
				implementation of Individual Service Plans, are subject to the availability of
				resources. The area director shall determine priority for supports on the basis
				of criteria set forth in 115 CMR 6.07.
(b)
Assessments
.
1. The determination of need for supports
				shall be based upon an assessment of the individual's functional limitation(s),
				cognitive impairment, medical needs and behavioral needs as well as generic
				resources and natural supports available to meet the individual's needs. The
				Department shall, in its sole discretion, determine which clinical assessments
				it deems necessary to determine the individual's need for all categories of
				requested supports as well as the qualifications needed to administer the
				assessments. The Department shall conduct such assessments in accordance with
				the standards set forth in
				115 CMR
				6.22.
2. Assessment(s) shall be completed by the
				intake and eligibility teams, in consultation with the area offices, upon an
				individual's application for Department services for those who meet the
				eligibility requirements. Additional assessments may be requested thereafter
				upon a significant change in the individual's functioning or in the generic or
				family resources available to meet the individual's needs.
(c)
Notification
.
				The area office will notify the person, his or her family, unless the person
				knowingly objects, the guardian, if any, or other appropriate person of the
				person's priority to receive services from the Department, the category and
				intensity of supports available, and the right to appeal the priority assigned
				within 30 days of being notified. The notice given under 115 CMR 6.07 shall
				clearly state the reason for the prioritization decision.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.08 - Redetermination of Eligibility and Prioritization

Current through Register 1525, July 5, 2024
(1) The
				Department shall have the right to re-determine an individual's eligibility
				status or priority status after one year has passed since the most recent
				determination and the individual's circumstances have changed. When such
				re-determination occurs, the regional eligibility team will notify the person,
				his or her family, unless the person knowingly objects, the guardian, if any,
				or other appropriate person of the re-determination, and the right to to appeal
				within 30 days of receiving the re-determination notice. In cases that a
				re-determination of eligibility will result in the termination of supports to
				the individual, the filing of an appeal shall operate as a stay of the
				determination pending the appeal.
(2) The initial determination of eligibility
				pursuant to
				115
				CMR 6.04 with respect to individuals
				previously found eligible as children pursuant to
				115 CMR
				6.06 shall be considered a new application
				under
				115
				CMR 6.04.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › ELIGIBILITY FOR SUPPORTS PROVIDED, PURCHASED OR ARRANGED BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES › Section 6.09 - Emergency Provision of Supports

Current through Register 1525, July 5, 2024
(1) When there is reason to believe that a
				person has intellectual disability, Autism Spectrum Disorder, Smith-Magenis
				Syndrome, Prader-Willi Syndrome or, in the case of a person younger than 22
				years of age, the person is eligible for Children's Supports if the absence of
				supports creates a serious or immediate threat to the health or safety of the
				person or others, a regional or area office of the Department may provide or
				arrange for supports to such person, subject to the consent of the person or
				guardian, or may take such other action as it considers appropriate and within
				its legal and programmatic capacity, without prior determination of eligibility
				under
				115 CMR
				6.02 through
				6.06.
(2) As soon as practicable, but within 24
				hours of the initial provision of emergency supports, the regional director or
				the area director shall notify:
(a) the
				guardian of the person, if any and if ascertainable; and
(b) family members, friends, or other
				concerned and relevant persons whether or not named by the person, unless he or
				she knowingly objects.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › INDIVIDUAL SUPPORT PLANS › Section 6.20 - Introduction to Individual Support Planning

Current through Register 1525, July 5, 2024
(1)
Scope
. 115 CMR
				6.20 through
				6.25
				sets forth the standards and procedures for the development, modification, and
				review of Individual Support Plans (ISP's). Except as to individuals who have
				special eligibility pursuant to
				115
				CMR 6.04, provision of an ISP and of any
				supports identified therein is subject to the availability of
				resources.
(2)
Principles Governing Individual Support Planning
.
(a) The following principles govern the
				planning and provision of supports by and through the Department:
1. respect for the dignity and rights of each
				individual;
2. humane and adequate
				care and treatment;
3.
				self-determination and freedom of choice to the person's fullest
				capacity;
4. the opportunity to
				live and receive services in the least restrictive and most typical setting
				possible;
5. the opportunity to
				undergo typical developmental experiences, even though such experiences may
				entail an element of risk; provided, however, that the person's safety and
				well-being will not be unreasonably jeopardized; and
6. the opportunity to engage in activities
				and styles of living which encourage and maintain the integration of the
				individual in the community through individualized social and physical
				environments.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › INDIVIDUAL SUPPORT PLANS › Section 6.21 - Participation in Individual Support Planning

Current through Register 1525, July 5, 2024
(1) The ISP must be developed with the
				fullest possible participation of each of the following persons, collectively
				referred to as the "team":
(a) the
				individual;
(b) members of the
				individual's family, if authorized;
(c) the individual's guardian(s), if
				any;
(d) the individual's service
				coordinator;
(e) representatives of
				providers of supports to the individual, provided that, at the individual's,
				guardian's, or family's request, the service coordinator may limit the
				participation of a provider representative to those portions of the ISP meeting
				which concern the supports being provided by the provider;
(f) the individual's designated
				representative and others who provide friendship and support to the individual
				or whom any of the participants consider necessary, unless the individual or
				guardian knowingly objects to such persons' participation.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › INDIVIDUAL SUPPORT PLANS › Section 6.22 - Assessments and Consultations

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of assessments and consultations
				is to obtain information that will assist the individual and other team members
				to establish goals related to one or more outcomes, to identify the
				individual's capabilities and areas in need of learning and skill development
				relative to those goals, and to identify the strategies and supports that are
				the least restrictive and likely to be effective in assisting the individual to
				attain his or her goals.
(2)
Conduct of Assessments and Consultations
.
(a) Assessments and consultations shall
				reflect consideration of the individual's cultural, ethnic, and linguistic
				background, as well as any need for accommodation based upon disability or
				other factors.
(b) As appropriate
				and feasible, assessments and consultations regarding particular skills or
				behaviors shall be conducted in the actual environment in which the individual
				would typically perform the skill or behavior, or in a similar
				setting.
(c) Assessments and
				consultations shall be conducted with respect for the dignity, comfort, and
				convenience of the individual.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › INDIVIDUAL SUPPORT PLANS › Section 6.24 - Annual Review of Individual Support Plans

Current through Register 1525, July 5, 2024
(1)
Frequency of
				Review
. The ISP shall be reviewed and updated on an annual basis.
				The individual or other team members may request more frequent reviews
				depending on the individual's desires, goals, needs, and
				circumstances.
(2)
Conduct of the Annual Update
.
(a) Within one year of the date on which an
				ISP was developed in accordance with
				115 CMR
				6.23, the service coordinator shall convene a
				meeting of the team to review and update the individual's ISP. At the
				discretion of the service coordinator, a new ISP may be developed in accordance
				with the provisions of
				115 CMR
				6.23 rather than updated in accordance with
				the provisions of 115 CMR 6.24.
(b)
				The service coordinator shall obtain and distribute any new or updated
				assessments, review monitoring reports generated by the Department and the
				provider(s), and, in consultation with the individual and other team members,
				make appropriate revisions to the ISP based on a review of the following:
1. the satisfaction of the individual and
				others, including the individual's family and guardian, if any;
2. progress toward achieving the goals
				identified in the ISP; and
3. any
				significant changes in the individual's circumstances or abilities, including:
a. changes in the individual's
				eligibility;
b. changes in the
				individual's physical or mental health, including a review of the
				appropriateness and effectiveness of current medications and behavior
				modification procedures;
c. changes
				in the individual's financial resources;
d. changes which may affect the individual's
				priority for a particular support;
e. changes in the individual's ability to
				make informed decisions regarding his or her personal or financial affairs;
				and
f. changes in the availability
				of needed supports;
4.
				whether the goals identified in the ISP are consistent with the current desires
				and needs of the individual and whether the strategies and supports identified
				in the ISP continue to be the least restrictive, appropriate and available
				strategies and supports to promote achievement of those goals; and
5. the continued effectiveness and
				appropriateness of any authorizations given by the individual, his or her
				guardian, if any, a court, or other authority.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › INDIVIDUAL SUPPORT PLANS › Section 6.25 - Modification of Individual Support Plans

Current through Register 1525, July 5, 2024
(1) The ISP shall be modified when necessary
				to reflect changes in the individual's goals and needs, to promote a quality of
				life for the individual which is consistent with the outcomes set forth at
				115 CMR
				6.23(2), or to provide for
				the least restrictive, most adequate and appropriate supports consistent with
				the individual's desires and needs. 115 CMR 6.25 applies to all modifications
				of ISP's. Changes which are not "modifications" listed at 115 CMR 6.25(2) are
				not subject to the requirements of 115 CMR 6.25.
(2) Any of the following changes, unless
				proposed as part of the annual review process set forth at
				115 CMR
				6.24, shall be considered a modification of
				the ISP:
(a) Any change in the goals for the
				individual identified pursuant to
				115 CMR
				6.23(4)(e)1.;
(b) Any change in the strategies, or in the
				types of supports identified pursuant to
				115 CMR
				6.23(4)(e)2. that will be
				utilized to assist the individual to attain the identified goals, or in the
				duration and frequency of such strategies and supports, as set forth pursuant
				to
				115 CMR
				6.23(4)(e)4., or in the
				strategies, identified pursuant to
				115 CMR
				6.23(4)(e)6., that will be
				used to address unmet support needs;
(c) A change in the priority assigned to the
				individual's needs pursuant to
				115 CMR
				6.07 where such change will affect the
				availability of supports to the individual;
(d) Initiation of a behavior modification
				plan or modification of any part of a behavior modification plan involving the
				use of an aversive or intrusive technique;
(e) A change in the location of an
				individual's residence from a Department facility or a home operated by the
				Department or by a provider of residential supports licensed by the Department
				to another such facility or home. However, if the change in residence results
				from requirements for competitive procurement or is necessitated by
				circumstances such as contract termination, in whole or in part, lease
				termination, foreclosure, or any unsafe or hazardous condition of the
				residence, such change shall not be considered a modification within the
				meaning of 115 CMR 6.25.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.30 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)115 CMR 6.30
				through
				6.34 contains
				the standards and procedures for appeal and redress of certain matters
				affecting applicants for and recipients of supports provided, purchased, or
				arranged by the Department.
(2) The
				provisions of 115 CMR 6.30 through
				6.34 shall not
				apply to, and shall not be used to resolve, disagreements within the Department
				or between the Department and providers concerning supports to
				individuals.
(3) The provisions of
				115 CMR 6.30 through
				6.34 shall not
				apply to appeals of transfers, which are governed by
				115 CMR
				6.63.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.31 - Subject Matter of an Appeal

Current through Register 1525, July 5, 2024
The following issues may be appealed under
				  115 CMR 6.30
				  through
				  6.34:
(1) Whether the decision of the Department as
				to the individual's eligibility for supports is consistent with the standards
				and procedures stated in
				115 CMR 6.01
				through 6.10;
(2) Whether the
				Department's assignment of priority of need is consistent with the standards
				set forth in
				115 CMR
				6.07;
(3) Whether the assessments performed or
				arranged by the Department or the provider to serve as the basis for the
				development and review of an individual's ISP were sufficient for that
				purpose;
(4) Whether the goals
				identified in the ISP pursuant to
				115 CMR
				6.23(4)(e)1., are consistent
				with and promote the outcomes set forth at
				115 CMR
				6.23(2).
(5) Whether the types of supports identified
				in the ISP are the least restrictive, appropriate and available supports to
				meet the goals stated in the ISP;
(6) Whether the use of behavior modification
				procedures, medication, and limitations of movement are consistent with the
				requirements of
				115 CMR 5.01 through
				5.16;
(7) Whether the recommendation of the ISP
				team with regard to the individual's ability to make personal and financial
				decisions is consistent with the available evidence and whether the type of
				decision making support recommended is consistent with the standards set forth
				at
				115 CMR
				5.07;
(8) Whether the ISP was developed, reviewed,
				or modified in accordance with the procedures set forth in
				115 CMR
				6.20 through
				6.25;
				and
(9) Whether the ISP is being
				implemented.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.32 - Initiation of an Appeal

Current through Register 1525, July 5, 2024
(1) An appeal may
				be initiated by any of the following individuals:
(a) The applicant found ineligible for
				supports, and his or her family, guardian, and attorney, except that if the
				individual has a guardian, an appeal may only be filed by the individual and
				his or her guardian and attorney; or
(b) The individual for whom the ISP has been
				developed, his or her family, guardian, and designated representative, except
				that if the individual has a guardian, an appeal may only be filed by the
				individual and his or her guardian and designated representative.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.33 - The Appeal Process

Current through Register 1525, July 5, 2024
(1)
The Informal Conference
.
(a) The Regional Director or designee or, if
				requested by the appellant, an ombudsperson designated by the Commissioner,
				shall hold an informal conference within 30 days of notification of the appeal.
				The official responsible for the conference shall notify the individual, the
				individual's family, guardian, and designated representative, if any, the Area
				Director, and the service coordinator of the date of the informal
				conference.
(b) The purpose of such
				informal conference shall be to conciliate the issues being appealed and, to
				the extent that conciliation is not accomplished, to clarify issues for further
				appeal and determine the parties' agreement, if any, to the material facts of
				the matter.
(c) Except to the
				extent that statements of the parties are reduced to an agreed statement of
				facts, all statements of the parties made during the informal conference shall
				be considered as offers in compromise, and shall be inadmissible in any
				subsequent hearing under 115 CMR 6.33(2) or court proceeding.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.34 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Standard of Proof
. The standard of proof on all issues
				shall be a preponderance of the evidence.
(2)
Burden of Proof
.
				The burden of proof shall be on the appellant except that, with respect to
				appeals based on the restrictiveness of supports pursuant to
				115 CMR
				6.31(5), the burden of proof
				shall be on the party advocating the more restrictive alternative.
(3)
Informal Rules of
				Adjudicatory Procedure
. The procedural rules governing all
				hearings held pursuant to
				115 CMR 6.33
				shall be the Informal Rules of the Standard Adjudicatory Rules of Practice and
				Procedure,
				801 CMR
				1.02.
(4)
Implementation of ISP Pending
				Appeal
. Unless the parties agree otherwise, those portions of the
				ISP which are the subject of appeal shall not be implemented until after the
				informal conference conducted pursuant to
				115 CMR
				6.33(1), unless earlier
				implementation is necessary to respond to a serious or immediate threat to the
				health or safety of the individual or others. Implementation of any portion of
				a support plan that is the subject of appeal shall not result in prejudice to
				any party.
(5)
Judicial
				Review
. Any person aggrieved by a final decision of the Department
				in an adjudicatory proceeding under
				115 CMR 6.33(2)
				 shall be entitled to a judicial review of
				the decision, in accordance with M.G.L. c. 30A, § 14.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 6.00 - Eligibility, Individual Support Planning And Appeals › APPEALS › Section 6.63 - Transfers: Special Requirements

Current through Register 1525, July 5, 2024
(1) Any proposed modification to an ISP
				involving a an individual moving from one home, operated or licensed by the
				Department, or funded through a residential services contract other than a
				master services agreement that was negotiated and executed by the Department,
				to another home, shall be subject to the requirements of 115 CMR 6.63, in
				addition to the regulatory requirements applicable to the modification of an
				ISP.
(a) Any movement of an individual within
				a facility or residential location shall not be subject to the requirements of
				115 CMR 6.63, provided that any such movement that will result in any
				modification to the ISP shall be subject to the requirements generally
				applicable to ISP appeals.
(b) The
				relocation of the home of individuals to a new site due to circumstances such
				as, lease termination or foreclosure; or the change in the identity of the
				provider pursuant to a contract award involving no move, shall not be deemed a
				transfer subject to the requirements of 115 CMR 6.63.
(c) The requirements of 115 CMR 6.63 shall
				not apply:
1. to the change in placement of
				an individual from any residential program that is approved by the
				Massachusetts Department of Education as a M.G.L. c. 71 private residential
				school, that has a special education placement rate regulated by the Division
				of Purchased Services, and where the residential services were being provided
				pursuant to an individual education plan or an individual transition plan;
				or
2. to the change in placement of
				an individual from a location providing respite care services.
3. to the change in placement of an
				individual from a location providing residential services that the Department
				had begun funding on an interim basis on or before the individual's 22nd
				birthday.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.01 - Scope

Current through Register 1525, July 5, 2024
(1) The provisions
			 of
			 115 CMR 7.00 apply to all
			 supports and services that are provided by public and private providers and
			 subject to licensure and certification or regulation by the Department, except
			 where such service is exempt through specific language of
			 115 CMR 7.00.
(2) Any supports or services subject to
			 regulation by the Massachusetts Rehabilitation Commission and which provide
			 social and pre-vocational supports and work training shall be subject to the
			 applicable requirements of
			 115 CMR 7.00.
(3)
								115 CMR 7.00 does not apply to
			 programs, services, or facilities subject to regulation under M.G.L. c. 15D
			 (606 CMR:
Department of Early Education and Care
), such as
			 children's group residences, foster care, day care, children's site-based
			 respite, and emergency housing; or under M.G.L. c. 111 (105 CMR:
Department of Public Health
), such as skilled nursing
			 facilities, acute care facilities, intermediate care facilities and health
			 clinics; or under 130 CMR 400.000 through 499.000 (Executive Office of Health
			 and Human Services, Office of Medicaid), such as day habilitation and adult
			 foster care; or to any programs, services, or facilities for which another
			 state agency possesses exclusive regulatory authority.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.03 - Organization Requirements

Current through Register 1525, July 5, 2024
(1)
			 All providers shall operate in a manner that supports positive outcomes for
			 individuals in all of the services and supports offered and shall have
			 policies, procedures and systems that:
(a)
			 support people in reaching their goals and aspirations;
(b) reflect the values expressed in the
			 Department's Mission Statement;
(c)
			 are understood and carried out by staff; and
(d) are dynamic documents that are reviewed
			 and revised as necessary to stay current with best practice in the
			 field.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.05 - Staffing Standards

Current through Register 1525, July 5, 2024
(1) All
			 providers of supports and services unless specifically exempted by law or
			 regulations, shall be subject to the following requirements:
(a)
Screening of Provider Staff
			 and Care Providers
.
1. All
			 providers shall comply with applicable federal and state labor laws and not
			 engage in discriminatory employment practices.
2. All providers shall comply with all
			 required Criminal Offender Record Checks.
3. All providers arranging or providing
			 professional services or consultation shall assure that such professionals are
			 licensed, certified or registered as required by law to provide such
			 professional services to the public.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.06 - Standards for Safety

Current through Register 1525, July 5, 2024
(1)
Search Plan
.
(a) All
			 providers shall prepare, file with the area office update as often as
			 necessary, and have available at each location where supports and services are
			 provided, a plan for searching for each individual served by the provider when
			 the individual is missing and:
1. remains
			 unaccounted for after informal attempts to locate him or her have been
			 ineffective; and
2. is deemed to be
			 in a position of unreasonable risk if alone for an extended period of
			 time.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.08 - Capacity

Current through Register 1525, July 5, 2024
(1) The capacity of
			 a site where residential supports or 24 hour site-based respite supports are
			 provided shall be determined by the Department and may vary depending on the
			 size, location, and other characteristics of the site; the ages, needs and
			 preferences of the individuals; and the experience and capability of the
			 provider, provided, however, the capacity shall not exceed five individuals
			 unless 115 CMR 7.08(2) applies.
(2)
			 All sites providing residential supports and 24 hour site based respite
			 services in existence and licensed by the Department as of December 1, 1995
			 shall be permitted to retain for the life of the original building the capacity
			 in excess of five that was approved under the provider's license in effect as
			 of that date; unless the Department and the provider determine that the
			 additional individuals can no longer be accommodated in the home without
			 detriment. If it is determined at any time that the site can no longer
			 accommodate more than five individuals, the provider must develop and implement
			 a plan to reduce the capacity to five or fewer.
(3) A site where a care provider provides
			 residential supports or 24 site based respite supports in the care provider's
			 home may serve no more than three people (including individuals served by the
			 Department), regardless of funding source. However, any placement service site
			 with a capacity of four that was approved by the area director and in existence
			 and licensed by the Department prior to June 1, 2014, may retain the capacity
			 of four. In the event the Department determines that the site can no longer
			 accommodate four individuals, the provider must develop and implement a plan to
			 reduce the capacity to three or fewer.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.09 - Standards for Employment and Day Supports

Current through Register 1525, July 5, 2024
(1) In addition to the requirements of
			 115 CMR 7.01 through
			 7.07,
			 providers of employment supports or day supports shall adhere to the following
			 standards:
(a) Integrated, individual
			 employment is the preferred service option and outcome for adults of working
			 age.
(b) All individuals are to be
			 encouraged and supported in seeking and securing employment or becoming engaged
			 on a pathway to employment.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 7.00 - Standards For All Services And Supports › Section 7.10 - Standards for 24 Hour Site Based Respite Services

Current through Register 1525, July 5, 2024
(1) In addition to the requirements of
			 115 CMR 7.01 through
			 7.08, all providers of
			 respite services shall:
(a) minimize upset and
			 disruption of the individual's typical life patterns and enable the individual
			 to participate in life routines in accordance with the individual's
			 ISP;
(b) to the extent possible
			 obtain a thorough knowledge of each individual's medical needs, including his
			 or her ability to communicate health and medication needs; determine each
			 individual's ability to evacuate in an emergency and take necessary actions to
			 assist the individual in the transition between home and provider, where
			 feasible and when requested by the individual, family, or other primary care
			 provider.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.01 - Scope

Current through Register 1525, July 5, 2024
(1) Compliance with
				115 CMR 8.00 and the
				requirements of 115 CMR in general is a prerequisite for licensure and
				certification.
(2)
Licensure
. All public and private providers offering
				residential supports, individualized home supports, employment supports, day
				supports, site based respite services, or placement services for individuals
				with an intellectual disability are subject to licensure by the Department
				except as provided in
				115 CMR 7.01:
Scope
.
(3)
Certification
.
(a)
				All public and private providers subject to licensure under 115 CMR 8.01(2),
				except providers of site based respite services, are subject to certification
				by the Department, unless the Department accepts the certification by another
				governmental agency.
(b) The
				Department may accept, in lieu of certification by the Department,
				certification by a national accreditation organization whose standards, survey
				process and survey outcomes are determined to be substantially similar to those
				of the Department.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.02 - Application for Licensure, Certification or Renewal

Current through Register 1525, July 5, 2024
(1) Applicants seeking licensure and
				certification or renewal of licensure and certification shall file an
				application in writing with the Department in a manner and on a form prescribed
				by the Department.
(2) An applicant
				that does not currently hold any license from the Department,
(a) must comply with the pre-occupancy
				requirements of
				115 CMR 8.10,
				if applicable; and,
(b) shall
				submit to the Department a request for a licensure application prior to
				initiation of service; and,
(c) is
				subject to an initial review of health, safety and human rights protection by
				the Department within 60 days after receipt of the licensure application;
				and,
(d) is subject to a full
				licensure and certification survey under
				115 CMR
				8.03 by the Department within six months of
				the initial review.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.03 - Licensure and Certification Survey

Current through Register 1525, July 5, 2024
The Department shall conduct a licensure and certification
				  survey of a provider in accordance with the timelines applicable to the
				  provider's licensure and certification status as determined under
				  115 CMR 8.04 through
				  8.06.
				  The Department may survey a provider more frequently if it is determined
				  necessary to ensure compliance with 115 CMR. Only providers maintaining a full
				  two year license are eligible to have the department accept a national
				  accreditation process in
lieu
of the Department's
				  certification survey. Surveys shall be conducted according to the following
				  procedures:
(1)
Sample
. The Department shall select for survey a
				sample of the sites where services and supports are provided by the provider
				and a sample of individuals who are receiving the services and supports from or
				through the provider.
(a) The Department
				shall determine the number or percentage of sites and individuals to be
				reviewed and shall exclude individuals whose circumstances, such as extended
				vacation or hospitalization, would preclude their participation in the
				survey.
(b) The sample shall be
				random and representative of the provider's services and supports subject to
				licensure and certification.
(c)
				The Department may expand the selected sample during the survey if, the survey
				team identifies serious issues in areas such as, but not limited to,
				medication, money management, health care, safety, human rights, or restrictive
				interventions, and further information is considered necessary for thorough
				review.
Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 8.00 - Licensure And Certification Of Providers › CERTIFICATION OF PROVIDERS › Section 8.04 - Licensure

Current through Register 1525, July 5, 2024
(1) The Department
				shall issue or renew a license to a provider whose services and supports are
				determined to meet or exceed applicable licensure standards. Providers of
				residential supports, individualized home supports, respite supports and
				placement services shall be issued a residential and individualized home
				supports license. Providers of employment supports and day supports shall be
				issued an employment and day supports license.
(2) Licenses issued under
				115 CMR 8.00 are not
				assignable and not transferable.
(3) A provider may operate pending the
				issuance, renewal or the Department's action on a license under the following
				circumstances:
(a) the provider has timely
				filed a sufficient application for licensure or renewal and is participating in
				the licensure survey process under
				115 CMR 8.00; or
(b) the services and supports have been
				surveyed under 115 CMR 8.04 and found to meet the requirements for licensure;
				or
(c) the provider is
				participating in the follow-up process including having scheduled a follow-up
				survey; or
(d) the provider has
				obtained approval from the Department for a waiver under
				115 CMR 8.09 and is in
				compliance with other requirements of licensure and all conditions or terms of
				the waiver issued in accordance with
				115 CMR 8.09; or
(e) the provider has a pending appeal timely
				filed in accordance with
				115 CMR
				8.08.