Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 14.00 - Aging Service Access Points › Section 14.03 - ASAP Organizational Structure, Functions and Responsibilities

Current through Register 1525, July 5, 2024
(1) An ASAP may be operated by one or more
			 nonprofit agencies, one or more home care providers as defined in M.G.L. c.19A,
			 § 4, a combination of said home care corporations acting jointly, or a
			 state agency.
(2) An ASAP shall not
			 provide direct services to Elders (
i.e.
Community Based Long
			 Term Care Services), except for ASAP Services as defined in 651 CMR
			 2.01
et seq.
The Secretary may grant a waiver of this
			 restriction upon a finding that public necessity and convenience require such a
			 waiver.
(3) An ASAP shall not have
			 a direct or indirect financial ownership interest in an entity that provides
			 institutional or community long-term care services on a compensated basis. The
			 Secretary may grant a waiver of this restriction upon a finding that public
			 necessity and convenience require such a waiver.
(4) An ASAP shall not be a vendor to another
			 ASAP for the purpose of providing direct services.
(5) ASAPs are organized to plan, develop,
			 implement, and coordinate the delivery of Community-Based Long Term Care
			 Services.
(6) ASAPs are designated
			 by Elder Affairs and under contract with Elder Affairs to carry out activities
			 related to clinical screening, service authorization activities and case
			 management for Community Based Long Term Care Services, and carry out
			 activities related to Protective Services designation.
(7) ASAPs shall administer the Home Care
			 Program in compliance with
			 651
			 CMR 3.00 and all contract requirements.
(8) ASAPs shall administer the Home and
			 Community Based Waiver Program in compliance with all contract
			 requirements
(9) ASAPs shall
			 conduct screening functions in compliance with an interagency service agreement
			 between Elder Affairs and DMA, Medicaid regulations, procedures issued by Elder
			 Affairs and contract requirements.
(10) ASAPs shall administer the Protective
			 Services Program in accordance with M.G.L. c. 19A, §§ 14 through 26
			 and regulations at
			 651 CMR 5.00.
(11) ASAPs shall provide the following
			 services:
(a)
Information and
			 Referral Services
are activities related to the maintenance of
			 current information regarding benefits, services and programs available to
			 elders in Massachusetts. Determinations of the type of assistance needed by an
			 elder requesting information, referrals to appropriate services, and follow-up
			 is provided to determine if needed services were received. Information and
			 Referral services may be conducted by mail, telephone, or in person without
			 regard to income. Referrals for terminally ill elders, with their consent,
			 shall include referral to a licensed and certified hospice for determination of
			 eligibility, appropriateness and consumer interest in the service.
(b)
Interdisciplinary Case
			 Management Services
are provided by registered nurses and case
			 managers employed by ASAPs working in consultation with physicians, nurses and
			 therapists from home health agencies, hospice providers, nutritionists, housing
			 managers, mental health professionals, and other home and health care
			 professionals in compliance with Interdisciplinary Case Management Standards
			 issued by Elder Affairs. It includes:
1.
			 conducting intake and comprehensive needs assessments, including preadmission
			 screening and clinical eligibility determinations for elders seeking
			 institutional and community care services from Medicaid or the Home Care
			 Program;
2. developing and
			 implementing service plans based on the needs of the elder; provided that a
			 medical plan of care for an elder be developed by a licensed or certified
			 health provider;
3. arranging for,
			 coordinating, authorizing, and purchasing community long term care services
			 called for in the comprehensive service plan;
4. reassessing and monitoring the outcomes of
			 the services, and making periodic adjustments to the service plan, in
			 consultation with service and health care providers, formal and informal
			 supports and the Client and/or family;
5. working cooperatively, coordinating
			 service plans and maintaining ongoing communication with the elder, family
			 members, informal supports and formal supports as necessary.
(c)
Protective
			 Services
means services provided in accordance with M.G.L. c. 19A,
			 §§ 14 through 26 and regulations at
			 651 CMR 5.00, which are
			 necessary to prevent, eliminate or remedy the effects of abuse to an Elder.
			 Subject to appropriation, these services shall include, but not be limited to:
			 capacity to respond to an emergency or a Rapid Response situation; Protective
			 Services Casework; counseling; the capacity to provide or arrange for Home Care
			 and other services; petitioning the Court for guardianship, conservatorship,
			 protective orders through the court; and legal assistance.
(d)
Screening
. A
			 determination of an individual's clinical eligibility for Community-Based Long
			 Term Care Services or nursing facility services. These determinations are
			 carried out by Registered Nurses working for ASAPs and in compliance with
			 Division of Medicaid Assistance regulations and contract
			 requirements.