reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.100 - Participation Requirements for Full Employment Program (FEP) Employers

Current through Register 1525, July 5, 2024
(A) A Massachusetts
			 employer may request to be a Full Employment Program (FEP) employer. An
			 employer who is accepted for participation must sign an Application Agreement
			 agreeing to the program requirements and responsibilities.
(B) The Department will accept an employer
			 requesting to participate in FEP who offers training and experience for FEP
			 participants to improve the participant's competitive position for finding
			 unsubsidized employment. Acceptance as a FEP employer does not guarantee
			 placement of a FEP participant.
(C)
			 The Department may refuse to accept any employer who:
(1) has been found guilty of violating any
			 laws or regulations governing employment or who has current charges pending for
			 violation of any laws or regulations governing employment;
(2) refuses to sign the Application Agreement
			 or complete any related paperwork; or
(3) has been excluded or terminated from
			 participation in accordance with 106 CMR 708.130.
The Department will, at its discretion, determine which
				employers may participate in the program.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.110 - Limitation on Number of FEP Participants

Current through Register 1525, July 5, 2024
The maximum number of FEP participants that an individual FEP
				employer is authorized to accept at any one time shall not exceed 10% of the
				total number of the employer's current employees. However, a FEP employer of
				any size may employ one participant. The Commissioner of the Department of
				Transitional Assistance may waive the upper limit in special circumstances at
				his or her sole discretion. The Commissioner's decision is not subject to
				review.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.120 - Responsibilities of FEP Employers

Current through Register 1525, July 5, 2024
(A)
			 FEP employers must:
(1) hire FEP participants
			 for new positions; not use FEP participants to displace regular employees or
			 fill unfilled positions previously established, and shall not impair existing
			 contracts for service or collective bargaining agreements;
(2) pay FEP participants an hourly wage at
			 least equal to the current Massachusetts minimum wage and wages that are
			 comparable to wages paid for similar jobs in the local economy, with
			 appropriate adjustments for experience and training. They shall withhold from
			 the FEP participant's wages, all required deductions for state and federal
			 income taxes and Social Security taxes;
(3) consider FEP participants as employees
			 entitled to all benefits required by state and/or federal law, and provide
			 sick, holiday and vacation in conformity with the FEP employer's existing rules
			 for new employees;
(4) not require
			 FEP participants to work in excess of the employer's standard full-time work
			 week;
(5) maintain all applicable
			 federal, state and municipal standards for health, safety and working
			 situations, including all provisions of the Occupational Safety and Health Act
			 (OSHA);
(6) provide workers'
			 compensation insurance coverage for each FEP participant;
(7) hire FEP participants as regular members
			 of the employer's work force subject to the same conditions of employment as
			 other regular employees;
(8)
			 provide a current job description and on-the-job training necessary for the FEP
			 participant to perform his or her duties;
(9) make placements a positive learning and
			 training experience for FEP participants;
(10) recruit volunteer mentors from among the
			 current employees to help the FEP participant become oriented to work and the
			 work place;
(11) keep relevant
			 fiscal and other employee records;
(12) keep FEP participants' personnel records
			 confidential;
(13) provide
			 documentation the Department determines necessary for the efficient running of
			 the program;
(14) cooperate in any
			 financial or programmatic reviews necessary for the efficient administration of
			 the program; and
(15) keep
			 confidential any information received about a FEP participants' receipt of
			 public assistance.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.130 - Exclusion or Termination from FEP Employer Participation

Current through Register 1525, July 5, 2024
(A) Participation by FEP employers is
			 dependent upon the FEP employer following FEP requirements and showing a
			 willingness to meet the stated intent of FEP.
(B) An employer may be excluded or terminated
			 from FEP participation if:
(1) the Department
			 determines that the FEP employer is acting in a manner which is not in the best
			 interests of FEP or a FEP participant;
(2) if the employer has been found guilty of
			 violating any laws or regulations governing employment or has current charges
			 pending for violation of any laws or regulations governing employment;
			 or
(3) if the employer refuses to
			 sign the Application Agreement, complete any related paperwork provided in 106
			 CMR 708.100 or fails to comply with any part of the Application
			 Agreement.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.140 - Violation of FEP Employer Rules

Current through Register 1525, July 5, 2024
(A) If
			 the Department finds that a FEP employer has violated any of the rules or
			 regulations of FEP, the Department:
(1) shall
			 withhold any wage reimbursement amounts due the employer;
(2) may seek repayment of any wage
			 reimbursement amounts paid to the employer; and
(3) may end the FEP employer's participation
			 in the program.
Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 708.000 - Transitional Cash Assistance Programs (TCAP): Full Employment Program (FEP): Employer Regulations › Section 708.150 - Wage Reimbursements to FEP Employers

Current through Register 1525, July 5, 2024
(A) Once a FEP participant begins working in
			 a subsidized FEP position, the Department shall pay FEP employers the following
			 amounts as partial reimbursements for wages paid to FEP participants in
			 accordance with 106 CMR 707.180:
Full Employment Program
:
(1) For the first nine months of employment,
			 the FEP employer will receive a net reimbursement of $2.50 per hour for each
			 FEP participant. This is an initial subsidy of $3.50 per hour, of which $1.00
			 per hour will be diverted to an Individual Asset Account (IAA) held by the
			 Department on behalf of each FEP participant.
(2) For the next three months of employment,
			 the FEP employer will receive a net reimbursement of $1.50 per hour for each
			 FEP participant. This is an initial subsidy of $2.50 per hour, of which $1.00
			 per hour will be diverted to an IAA held by the Department on behalf of each
			 FEP participant.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.03 - Time Limits

Current through Register 1525, July 5, 2024
(1) A Fair Hearing
			 must be held by an impartial hearing officer within 60 days of an applicant or
			 other eligible individual's request for a review of a determination made by the
			 Commission unless informal resolution or a mediation agreement is achieved
			 prior to the 60th day or both parties agree to a
			 specific extension of time.
(2) All
			 requests to the Commission concerning a fair hearing shall be considered filed
			 on the date on which they are actually received by the central administrative
			 office. All communications from the Commission, including correspondence about
			 the process shall be considered to be filed on the date on which they are
			 deposited in the United States mail, properly addressed, postage prepaid, or
			 delivered in person. Electronic communication or correspondence shall be
			 considered filed at the central administrative office during usual business
			 hours but not later than 5:00 P.M., however all electronic correspondence
			 regarding a fair hearing must be followed by a written and signed request by
			 the individual or his/her representative or advocate.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.04 - Procedures for Appeal

Current through Register 1525, July 5, 2024
(1) Any applicant,
			 eligible individual or authorized representative may request a timely review of
			 any determination made by the Commission about a vocational rehabilitation
			 program service with which he or she is in disagreement. The Commission's
			 appeal process consists of: an optional informal administrative review, an
			 optional mediation, and if issues remain unresolved, a fair hearing.
(2) Upon filing for a fair hearing, an
			 individual may request the Commission to initiate an informal administrative
			 review and/or mediation without prejudice to his or her right to a
de
			 novo
fair hearing. The 60 day time limit may be extended by agreement
			 of both parties in the event that a fair hearing is needed to resolve issues
			 that were not settled through the informal administrative review and mediation
			 processes
The individual who chooses mediation as his or her first step
				in the appeal process and who is not satisfied with the decision, has the right
				to then choose a fair hearing but not an informal administrative review as the
				next step in the appeal process
(3) Time parameters that apply to the
			 Commission's appeal process require:
(a) an
			 individual who seeks a review of a Commission determination must request that
			 review in writing within 30 days after receiving notice of the action or
			 determination that the individual seeks to challenge.
(b) the Commission's appeal coordinator shall
			 schedule all reviews in a timely manner but no later than ten days after
			 receipt of the request; the Commission reserves the right to waive the time
			 requirement in the event of extraordinary circumstances or when the limitations
			 imposed by the individual's disability have contributed to the delay in
			 filing.
(c) all fair hearings must
			 be held within 60 days of the receipt of the request, unless informal
			 resolution or a mediation agreement is achieved prior to the
			 60th day or both parties agree to a specific
			 extension of time.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.05 - Notice of Appeal Rights

Current through Register 1525, July 5, 2024
(1) Every
			 individual shall be informed in writing at the time of application and at the
			 time of notification of any Commission action affecting his or her services of:
(a) the right and the procedures to appeal
			 service determinations including priority category designation
(b) how to contact the Client Assistance
			 Program of the Massachusetts Office on Disability
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.06 - Form for Initiating an Appeal

Current through Register 1525, July 5, 2024
(1) An appeal is initiated by a request for a
			 fair hearing, at which time a request for an optional informal administrative
			 review and/or mediation may also be made.
(2) An appeal shall be initiated by a written
			 request, either on the form provided by the local office or the program unit
			 from which the individual seeks services. It shall be addressed to the
			 attention of the Client Appeals Coordinator at the Massachusetts Rehabilitation
			 Commission, Administrative Office at 27 Wormwood Street, Boston, Massachusetts
			 02210-1616 or any subsequent address for the Commission's Administrative
			 Office.
(3) An individual's request
			 for an appeal shall state that the individual is challenging a Commission
			 determination, action or inaction and summarize the nature of the grievance, be
			 signed by the individual or representative and contain the individual's address
			 and a phone number if possible, where the individual may be
			 contacted.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.07 - Mediation

Current through Register 1525, July 5, 2024
(1) The Mediation process:
(a) shall be voluntary on the part of the
			 parties;
(b) shall be not used to
			 deny or delay the right of an individual to a hearing or to deny any other
			 right afforded; and
(c) shall be
			 conducted by a qualified and impartialmediator who is trained in effective
			 mediation techniques. The Commission shall maintain a list of individuals who
			 are qualified mediators and knowledgeable in laws (including regulations)
			 relating to the provision of vocational rehabilitation services under the
			 Rehabilitation Act, from which the mediators shall be selected, and shall bear
			 the cost of the mediation process.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.08 - The Informal Administrative Review Process

Current through Register 1525, July 5, 2024
(1) The informal administrative review
			 officer is charged with facilitating a mutually agreeable resolution, or
			 reaching a decision considering the information presented, the defined issues,
			 good professional rehabilitation practice and the Commission regulations and
			 policies.
(2) The assigned informal
			 administrative review officer shall contact the individual who has requested an
			 appeal and the appropriate Commission representatives to arrange a time to meet
			 and discuss the issues which are the subject of the individual's
			 appeal.
(3) The individual or his
			 or her authorized representative may review the individual's record either
			 prior to or at the informal administrative review.
(4) The date, time or place of the informal
			 administrative review maybe changed with the agreement of the parties involved
			 and with good cause. The informal administrative review officer has the
			 authority and the discretion to end an informal administrative review because
			 of lack of cooperation or failure to present relevant information by either
			 party.
(5) If the individual fails
			 to appear at the informal administrative review and can not demonstrate good
			 cause for his or her absence, the informal administrative review officer may
			 refuse to reschedule the meeting.
(6) The individual and/or the individual's
			 representative and the Commission staff responsible for the decision shall
			 participate in the informal administrative review. The informal administrative
			 review officer has the authority and the discretion to request that others
			 participate or to request additional information in the interest of attaining a
			 timely resolution.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.09 - The Informal Administrative Review Decision

Current through Register 1525, July 5, 2024
(1) The informal administrative review
			 decision may be a brief written statement that reflects a mutually agreeable
			 resolution of the participants or a concise statement of the informal
			 administrative review officer's conclusions that are relevant to the issues and
			 remedies sought in the informal administrative review.
(2) The informal administrative review
			 officer shall mail a copy of the written statement or decision to all parties
			 within a reasonable amount of time but not later than 30 days of the close of
			 the informal administrative review.
(3) In the event that an informal
			 administrative review officer makes a decision which is not in favor of the
			 individual; the individual may appeal the decision.
(4) Terms of the agreement or the informal
			 administrative review officer's decision must be implemented by the Commission
			 in a timely manner.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.10 - Scope and Purpose of 107 CMR 1.10 through 1.17. Fair Hearings

Current through Register 1525, July 5, 2024
The fair hearing section of the Standard Adjudicatory Rules of
				Practice and Procedure promulgated by the Executive Office of Administration
				and Finance,
				801 CMR
				1.02, and the sections which follow herein
				which are substitutions and additions to the Standard Adjudicatory Rules, shall
				govern the conduct of fair hearings of the Vocational Rehabilitation Division
				and Independent Living Programs of the Massachusetts Rehabilitation
				Commission.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.11 - Request for Scheduling a Fair Hearing Following an Informal Administrative Review

Current through Register 1525, July 5, 2024
An individual who is dissatisfied with an informal
				administrative review decision and wishes to appeal the issues further shall,
				within 30 days of receipt of the informal administrative review officer's
				decision, request the appeals coordinator to schedule a fair hearing. Failure
				to request that a fair hearing be scheduled within that time shall be deemed a
				waiver of the individual's right to a fair hearing. The Commission reserves the
				right to waive the time requirement in the event of extraordinary circumstances
				or if the limitations imposed by the individual's disability have contributed
				to the delay in filing.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.12 - Impact on Provision of Services Pending Appeal

Current through Register 1525, July 5, 2024
The Commission cannot suspend, reduce or terminate services to
				the individual unless:
(a) the
			 individual requests that his/her services be suspended, reduced or terminated;
			 or
(b) services have been obtained
			 by misrepresentation, fraud, collusion or criminal conduct on the part of the
			 individual or the individual's representative; or
(c) VR services provided under an approved
			 IPE are time limited
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.13 - Discovery

Current through Register 1525, July 5, 2024
(1) The individual or the individual's
			 authorized representative shall engage in voluntary discovery. They shall have
			 adequate access to and opportunity for examination and copying of the entire
			 case file and all other documents used by the Commission
(2) The impartial hearing officer may rule on
			 any disputed requests for discovery.
(3) If the impartial hearing officer finds
			 that the release of certain case records to a individual may be harmful to the
			 physical or mental health of the individual, the hearing officer may, after
			 informing the individual of such findings;
(a)
			 grant access to a summary of information from such record to the individual, if
			 acceptable to the individual; or
(b) grant access to the record or portion
			 thereof, with appropriate recommendations to the individual's parent, guardian
			 or other authorized representative; or
(c) grant access to the individual under the
			 condition that the record is reviewed in the presence of a physician or
			 licensed psychologist designated and paid by the individual, provided however,
			 that if the individual is unable to pay for such services, the Commission shall
			 provide the services of one of its providers or consultants who shall review
			 the record with the individual.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.14 - Impartial Hearing Officer's Duties and Powers at Hearings

Current through Register 1525, July 5, 2024
(1) The impartial hearing officer shall
			 conduct the hearing to ensure that the rights of all parties are protected in
			 accordance with the informal adjudicatory rules as found at
			 801 CMR
			 1.02(10)
(2) The impartial hearing officer shall be
			 responsible to make appropriate evidentiary rulings regarding the relevance of
			 testimony and/or documents, issues of privilege and authentication of documents
			 as well as limit testimony to relevant and defined issues. The hearing officer
			 also has the authority to dismiss the appeal in the event that an individual
			 fails to appear or continually disrupts a hearing.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.15 - Rights and Duties of Parties in the Fair Hearing Process

Current through Register 1525, July 5, 2024
(1)
								801 CMR
			 1.02(10)(g)1. and 2. sets
			 forth the parties' individual rights including those of the
			 Commission.
(2) Commission
			 personnel shall present the case for the Commission. The Commission's
			 presentation of the case must include: pertinent material from the individual's
			 case record and other related documents, supportive oral testimony, applicable
			 state and or federal regulations and evidence of good professional
			 rehabilitation practice. Staff may be represented at the hearing by an attorney
			 or other Commission employee.
(3)
			 The individual must present his or her argument in support of his/her position.
			 This includes giving oral testimony, presenting witnesses and submitting
			 documentary evidence to support his or her case. The individual may be
			 represented by an advocate, a public or private attorney or by any other
			 representative of his or her choice. In the event, that the individual chooses
			 a private attorney; the individual will be responsible for all related
			 expenses.
(4) Both the Commission
			 and the individual may examine all evidence and present testimony in cross
			 examination and may also have an opportunity to question any and all adverse
			 witnesses.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.16 - Scheduling

Current through Register 1525, July 5, 2024
107 CMR 1.16 supplements
				801 CMR
				1.02.
(1) The appeals coordinator shall, within ten
			 days of the filing of a fair hearing request, schedule a date and site
			 convenient for the parties. The date scheduled shall be within 60 days of the
			 filing, except that when an individual seeks an optional informal
			 administrative review and/or mediation, the fair hearing shall be held after
			 completion of the informal administrative review or mediation within 60 days of
			 the individual's request for scheduling the fair hearing.
(2) For each appeal concerning the vocational
			 rehabilitation program, the appeal coordinator shall assign an impartial
			 hearing officer to conduct the fair hearing, provided that the assigned hearing
			 officer has been selected on a random basis from the pool of qualified persons
			 who have been jointly identified by the Commission and the State Rehabilitation
			 Advisory Council.
(3) The appeals
			 coordinator shall provide written notice to all parties and the Commission's
			 legal office of the date, time and place of the fair hearing and shall provide
			 the name of the hearing officer who has been assigned to conduct the hearing.
			 Information about the fair hearing procedure and the individual's right to be
			 represented by legal counsel or lay advocate shall be included with the notice
			 and, in appeals involving vocational rehabilitation or independent living
			 program services, the individual's right to assistance from the Client
			 Assistance Program shall also be stated. Notice shall be mailed to all parties
			 at least seven days before a scheduled hearing, except that time requirements
			 may be waived by agreement of all parties. Any request for postponement must be
			 made in writing for good cause and sent to the appeals coordinator no later
			 than 48 hours prior to the hearing.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 1.00 - The Appeal Process › Section 1.17 - Decisions

Current through Register 1525, July 5, 2024
(1) Within 30 days of the close of the
			 hearing, the impartial hearing officer shall issue a full written decision,
			 which shall be based exclusively upon the evidence, testimony, materials and
			 legal rules presented at the hearing, good professional practices in
			 rehabilitation, and the provisions of the State Plan and the Federal Vocational
			 Rehabilitation Act. Any evidence, testimony, materials, and legal rules
			 presented after the close of the proceeding shall be excluded unless the
			 proceeding is reopened by the impartial hearing officer, provided however, that
			 the impartial hearing officer may rely upon such legal rules as the officer
			 deems relevant, even if not introduced by either party during the
			 proceeding.
(2) The impartial
			 hearing officer shall mail or deliver a copy of the decision to the individual
			 or his or her authorized representative.
(3) The impartial hearing officer's decision
			 must contain the following elements:
(a) a
			 statement of the issue or issues involved in the hearing
(b) clear and complete findings of fact on
			 all relevant factual matters, which are supported by evidence in the
			 record;
(c) reference to all laws,
			 regulations, policies, procedures and practice;
(d) a concise statement of the conclusions
			 drawn from the findings of fact and law, including the reasoning used in
			 reaching the conclusions; and
(e)
			 any action to be taken by the Commission if appropriate to the case
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107 CMR 2.00 governs policies
				and procedures relating to the access to clients' and applicants' records at
				the Massachusetts Rehabilitation Commission.
				107 CMR 2.00 is designed to
				protect the confidentiality of individuals records as well as to provide
				guidelines for the proper access by qualified parties to those
				records.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.02 - General Provisions

Current through Register 1525, July 5, 2024
(1) All records and
			 information concerning clients and applicants of the Commission shall be for
			 the use of the Commission in the discharge of its duties. Records and
			 information concerning clients and applicants of the Commission shall not be
			 open to the public, notwithstanding the provisions of the Massachusetts Freedom
			 of Information Act, (M.G.L. c. 4, § 7, paragraph 26; M.G.L. c. 66, §
			 10) or any other provision of law.
(2) The Commission may publish information
			 concerning applicants and clients of the Commission in aggregate statistical or
			 such other form that does not disclose the identity of the persons involved and
			 could not reasonably be used to identify them.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.03 - Records Access by Non-Applicant and Non-Client Parties

Current through Register 1525, July 5, 2024
(1) Upon receipt of the written consent of a
			 client or applicant, records and information concerning that individual may be
			 provided to: persons or departments, divisions or subdivisions of the
			 Commonwealth directly concerned in the vocational rehabilitation of the client
			 or applicant; parties to interagency agreements; other persons or organizations
			 directly concerned with the vocational rehabilitation of the client or
			 applicant; an attorney, lay advocate or other person who has been duly
			 authorized by the client or applicant to act on his or her behalf.
(2) In the event of a medical or psychiatric
			 emergency affecting a client or applicant, the Commission may release records
			 and information concerning that individual to treating physicians without prior
			 written consent, so long as he/she is notified of the release of information
			 upon termination of the emergency.
(3) If a client or applicant poses an
			 immediate threat to his or her own safety or the safety of others, the
			 Commission may release to law enforcement personnel and involved individuals,
			 including but not limited to therapists, family members, and persons at risk,
			 records and information concerning that individual without prior written
			 consent, so long as the individual is notified of the release of information
			 upon termination of the possible danger.
(4) In response to official investigations
			 inconnection with law enforcement concerning crime, fraud, or abuse, the
			 Commission shall release records and information concerning a client or
			 applicant to duly authorized officials, except where expressly prohibited by
			 federal or state law or regulations.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.04 - Written Consent Procedure

Current through Register 1525, July 5, 2024
(1) Upon
			 application for vocational rehabilitation services, each individual shall be
			 informed about the Commission's need to collect personal information and the
			 policies governing its use, including: the identification of the authority
			 under which the information is collected; an explanation of the purposes for
			 which the Commission intends to use or release the information; and an
			 explanation of whether the provision of such information or consent to its
			 release is mandatory or voluntary and the effects of not providing or
			 consenting to such release; a list of those persons or organizations from whom
			 the Commission may seek personal information.
(2) Each individual shall also be informed
			 that certain persons and organizations may seek access to the individual's
			 record pursuant to
			 107 CMR
			 2.03.
(3) The written consent shall be reviewed
			 annually.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.05 - Records Request Procedures for Parties Other than Clients or Applicants

Current through Register 1525, July 5, 2024
(1) All requests for records or information
			 by parties other than clients or applicants shall be made in writing to the
			 appropriate area office director or designee.
(2) All requests shall specify the nature of
			 the information being requested and the purpose or purposes for which such
			 information is to be used.
(3) Upon
			 receipt of a request for records by another party, the area office director or
			 designee shall determine whether or not the individual seeking or receiving
			 services has provided informed written consent to disclose the records to the
			 requesting party.
(a) If consent has not been
			 obtained, the request shall be denied with an explanation, until such time as
			 consent is obtained.
(b) If such
			 consent has been obtained, within 20 days after receipt of the request , the
			 requested information or records shall be provided to the requesting party;
			 or
(c) In each such case, the area
			 office director shall comply with the requirements concerning audit trails
			 specified in
			 107 CMR
			 2.14
et seq
.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.06 - Records Access by Clients and Applicants

Current through Register 1525, July 5, 2024
An individual or an individual's representative seeking or
				receiving services shall be granted access to all or part of that individual's
				records. However, if in the opinion of the area office director the records
				contain medical, psychological or other information which the director believes
				may be harmful to the requesting individual, it shall be provided through the
				individual's representative, a physician or a licensed or certified
				psychologist as well as the Commission's consultant.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.07 - Records Request Procedure for Clients and Applicants

Current through Register 1525, July 5, 2024
(1) An individual seeking or receiving
			 services whom is seeking access to his/her own records shall request access
			 from the appropriate area office director or designee. Such requests shall
			 specify in writing the parts of the record for which access is requested and
			 the reason or reasons for which access is requested. An authorized
			 representative seeking to obtain copies of records on behalf of a client or
			 applicant must follow the same procedures.
(2) Within ten days of receipt of a records
			 access request by a client or applicant, or his representative, the requesting
			 party shall be notified in writing that:
(a)
			 The request has been granted. In each such case, the notice shall indicate the
			 date, time, place and, as appropriate, the conditions under which access will
			 provided. Such access shall be provided within 20 days of the receipt of the
			 request; or
(b) The request has
			 been denied. In each such case, the notice shall specify the reason or reasons
			 for the denial and shall inform the requesting party of his right to appeal the
			 decision pursuant to
			 107 CMR 2.10;
			 or
(c) The request has been granted
			 in part and denied in part. In such cases the notice shall specify the part or
			 parts of the record to which access has been granted, the date, time, place
			 and, as appropriate, the circumstances under which access will be provided. The
			 notice shall also specify the reason or reasons for denial of that portion of
			 the request which has been denied and shall inform the requesting party of his
			 right to appeal the denial pursuant to
			 107 CMR
			 2.10.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.08 - Fees for Photocopying

Current through Register 1525, July 5, 2024
(1)
			 Except as provided in 107 CMR 2.08(2), the Commission shall charge a fee of
			 10¢ per page for photocopying of records.
(2) Any fee due under 107 CMR 2.08 shall be
			 paid in advance of the receipt of photocopies by check or money order made
			 payable to the Commonwealth of Massachusetts and delivered to the appropriate
			 area office director, review officer, hearing officer or their
			 designees.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.09 - Right to Appeal Records Access Denial

Current through Register 1525, July 5, 2024
A client or applicant who wishes to challenge a denial of his
				request for access may appeal such denial to the Commissioner or his designee.
				Such appeal shall be filed in writing within 30 days of receipt of notification
				of denial and shall specify the part or parts of the record for which access
				was sought, the reason or reasons for which access was requested, and whether
				or not the client or applicant wishes to request an adjudicatory
				hearing.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.10 - Appeal Procedure

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner or his designee hearing an appeal filed pursuant to
			 107 CMR
			 2.09 shall, at the request of the client or
			 applicant or his authorized representative, convene an adjudicatory hearing
			 pursuant to M.G.L. c. 30A within 20 days of the filing of such an appeal and
			 shall render a decision within 30 days of the conclusion of such a hearing. If
			 the client or applicant does not request an adjudicatory hearing, the
			 Commissioner or his designee shall render a decision within 20 days of the date
			 of filing the appeal.
(2) Within
			 seven days of rendering his decision, the Commissioner or his designee shall
			 send written notice to the client or applicant and to the Commission employee
			 responsible for the initial determination regarding the nature of the decision
			 and the reasons therefore. If the decision is adverse to the client or
			 applicant, the notification shall include, interms comprehensible to the client
			 or applicant, an explanation of his right of further review by the Executive
			 Office of Health and Human Services pursuant to 101 CMR 8.09. The notice shall
			 inform the client or applicant that an appeal to the Executive Office of Health
			 and Human Services must be filed in writing within 30 days of the client's or
			 applicant's receipt of notification of a denial.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.11 - Client or Applicant Notification of Subpoena

Current through Register 1525, July 5, 2024
No records of a client or applicant shall be made available in
				response to a demand for such data made by means of compulsory legal process
				unless the client or applicant whose records are the subject of such compulsory
				legal process has been notified of such demand so that he or she may seek to
				have the process dismissed or withdrawn.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.12 - Procedures for Accepting and Responding to Subpoenas

Current through Register 1525, July 5, 2024
To fulfill the requirements of
				107 CMR
				2.11, the following procedures shall be
				observed by all Commission personnel:
(1) Service of subpoena which names an
			 individual state officer or employee will be accepted on behalf of the officer
			 or employee by the area director, or designee; the subpoena must be served at
			 least three business days prior to and not including the day in which the
			 attendance of said officer or employee is demanded.
(2) The area director or designee may notify
			 the client or applicant of the subpoena for his/her records.
(3) The area director or designee shall
			 notify the legal office of the Commission of receipt of the subpoena. The legal
			 office shall, as appropriate proceed to notify the individual and the deponent
			 of the Commission's requirement that the individual consent to the release of
			 her or his records or that a court order be obtained before the Commission can
			 comply with the subpoena.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.13 - Proceedings in Court

Current through Register 1525, July 5, 2024
If the subpoena has been properly served, the area director or
				the person named in the subpoena must appear in court or at the hearing with
				the records described in the subpoena. The person should explain to the judge
				that M.G.L. c. 66A, §§ 2(c) and (k) prohibit the release of client or
				applicant information without the consent of the client or applicant. If the
				judge rules that such information must be produced, the Commission employee
				should attempt to make arrangements to keep the case record while turning over
				only photocopies thereof or, if this is not acceptable to the judge, he should
				retain a photocopy of any document or documents removed from the case
				record.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.14 - Maintenance of Audit Trail

Current through Register 1525, July 5, 2024
The Commission shall maintain an audit trail on each client or
				applicant record. The audit trail is the most feasibly precise record of
				persons and organizations having access to and uses made of client and
				applicant records.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.15 - Requirements for Audit Trail

Current through Register 1525, July 5, 2024
The following requirements for maintenance of audit trails
				shall be observed:
(1) Where such
			 records are held, in whole or in part in computer or in electronically
			 controlled or accessible files, the audit trail shall include a complete and
			 accurate record of every disclosure of client or applicant records, including:
			 the date of access; and the name of the individual or organization to whom
			 access is granted; and the purpose of the access; and the authorization for
			 granting access.
(2) Where such
			 records are held in manual files, the person granting access to records or
			 information shall, to the maximum extent feasible, make a notation each time
			 access to a record or information is granted. Such notation shall include the
			 date of access; the name of the individual or organization to whom access is
			 granted; the purpose of the access; and the authorization for granting
			 access.
(3)107 CMR 2.15 shall not
			 apply to use of or access to client or applicant records by employees of the
			 Commission acting within the scope of their official duties.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.16 - Use of and Access to Audit Trail

Current through Register 1525, July 5, 2024
The audit trail shall be deemed part of the records held by the
				Commission and shall be accessible in accordance with
				107 CMR
				2.00.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 2.00 - Access To Client And Applicant Records › Section 2.17 - Security and Disposal of Client Records

Current through Register 1525, July 5, 2024
The Commission shall maintain secure records storage facilities
				and a regular schedule for disposal of individual records after case closure.
				Individual's records shall be destroyed three years after case closure or the
				date of the last Commission activity. All individuals are notified of the
				destruction schedule.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 3.00 - Definitions › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107 CMR
				3.00 provides definitions for terms frequently used in
				107 CMR. The terms are based on the Rehabilitation Act Amendments of 1992,
				P.L.
				102-569 and current Commission usage common to
				several Commission programs.
The terms used in 107 CMR have the meanings ascribed in
				107 CMR
				3.00, unless otherwise specified in the regulations or
				unless the context otherwise requires.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107 CMR 4.00 establishes
				conditions, requirements, and policies for referral, application, eligibility,
				ineligibility and order of selection for vocational rehabilitation
				services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 4.00 - Referral, Application, Eligibility, And Order Of Selection › Section 4.02 - Nondiscrimination

Current through Register 1525, July 5, 2024
The Massachusetts Rehabilitation Commission does not
				discriminate or in any way deny services on the basis of race, color, national
				origin, religion, sexual orientation, sex, age, disability, expected employment
				outcome, referral source, the service needed or the cost of the
				service.