Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 1.00 - Adjudicatory Rules Of Practice And Procedure › Section 1.04 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				651 CMR 1.00, and as a
				supplement to the definitions in
				651 CMR
				3.01(2), these terms shall
				have the following meanings:
Appeal
means a process initiated by a
				Client's or Applicant's claim that a Review decision by an ASAP's Internal Case
				Review Committee is contrary to
				651
				CMR 3.00
et seq.,
which is submitted
				to Elder Affairs _and is resolved by a decision of a Hearings Officer, pursuant
				to
				651 CMR 1.00,
				651
				CMR 3.03(9),
				651
				CMR 3.03(10), and
				651
				CMR 3.00 generally.
ASAP
means Aging Services Access
				Point, as defined in
				651 CMR
				3.01(2).
Denial
means an ASAP's determination
				made pursuant to
				651
				CMR 3.03 that an Applicant, as defined in
				651 CMR 3.01,
				is ineligible for Home Care Program Services, as defined in
				651 CMR
				3.01(2). It shall be deemed
				a Denial where an Applicant who has been determined to be eligible for Home
				Care Program Services is not provided with such Services due to the
				unavailability of funds as described in
				651 CMR
				3.05(1).
Elder Affairs
means the Executive
				Office of Elder Affairs of the Commonwealth of Massachusetts
Hearings Officer
means the presiding
				officer, as described in
				801 CMR
				1.02(10), designated by the
				Secretary to conduct, schedule, and hold hearings on Appeals, rule on motions,
				and render decisions on Appeals.
Reduction
means an action of an ASAP
				which results in a decrease in the number of hours of Home Care Program
				Service(s) received by a Client, or a change in type of Home Care Program
				Services which results in a decrease in the number of hours of Home Care
				Program Service(s) received by a Client, or a change in type of Home Care
				Program Service where the new Service is not substantially similar to the old
				Service. Unfilled but authorized Home Care Program Service hours due to a
				temporary lack of provider availability shall not be deemed a Reduction for
				purposes of an appeal, as set forth in
				651
				CMR 3.03(9). A change in
				service plan due to unavailability of funding as described in
				651 CMR
				3.05(1)  shall be deemed a
				Reduction for purposes of
				651
				CMR 3.03(9).
Review
means a process initiated by a
				Client's claim that an action or decision of an ASAP is contrary to
				regulations. Such claim is addressed by a decision of the Internal Case Review
				Committee in accordance with
				651 CMR
				1.06 and may be the subject of an Appeal in
				accordance with
				651 CMR
				1.07 if the decision on Review is adverse to
				the Client.
Substantial Evidence
means any
				evidence on which a reasonable person might, but not necessarily must or will,
				rely in making a decision or in coming to a conclusion.
Summary Decision
means a decision by
				the Hearings Officer on an Appeal as to all or part of a matter, based on
				written materials submitted by an Applicant or a Client, the ASAP, or Elder
				Affairs, if there is no genuine issue as to any material fact.
Termination
means the cessation of all
				Home Care Program Services to a Client, by an ASAP, which results in the
				closing of a case. For purposes of an appeal, as set forth in
				651
				CMR 3.03(9), a cessation of
				Home Care Program Services due to the unavailability of funding, as described
				in
				651 CMR
				3.05(1), shall be deemed to
				be a Termination.