Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
Terms in
				107 CMR
				11.00 shall, unless the context otherwise requires,
				have the meanings ascribed below or in
				107 CMR
				3.00:
Definitions.
Administrative Review
is the informal
				non-adversarial process the Commission offers to individuals to resolve
				differences promptly. It is a review conducted by the HCAP Director that
				includes but is not limited to, interviews, fact gathering, negotiations, and
				document review.
Appeals Coordinator
is the Commission
				employee who is responsible for scheduling informal administrative reviews, and
				fair hearings, as well as communicating with individuals, advocates, family
				members and Commission staff about appeal and mediation requests.
Applicant
is an individual who has
				submitted an application for services of the HCAP of the Massachusetts
				Rehabilitation Commission.
Commission
is the Massachusetts
				Rehabilitation Commission.
Consumer
is an individual who is
				eligible for or receiving services from the Home Care Assistance
				Program.
Fair Hearing Officer
is an impartial
				hearing officer designated by the Commission who will conduct the fair hearing
				and issue a decision on appeal in accordance with
				801
				CMR 1.02:
Informal/Fair Hearing
				Rules.
Fair Hearing
is an informal and
				impartial hearing process to resolve disputes that applicants and eligible
				individuals have regarding HCAP eligibility determinations and services.
HCAP Case Manager
is the Commission
				employee assigned to assist individuals in identifying, coordinating and
				reviewing necessary services to support independent living.
Homecare Agency Worker
is an employee
				of an agency under contract with the Commission to perform homemaking tasks as
				described in
				107
				CMR 11.08.
Homemaker
is an employee of an agency
				under contract with the Commission to perform homemaking tasks as described in
				107 CMR
				11.11(1).
Homemaking Services
are services
				described in
				107
				CMR 11.08, performed by a homecare agency
				worker or a nonagency based homecare worker.
Homemaking Services Assessment
is the
				HCAP assessment of:
(a) medical,
			 psychiatric and related information; and
(b) homemaker task evaluation to determine
			 HCAP eligibility.
Homemaking Services Eligibility
				Assessment
is a comprehensive review of the individual's
				application, documentation, and interview with the applicant to determine
				whether the individual meets the HCAP eligibility requirements as described
				under
				107
				CMR 11.05.
Homemaker Task Evaluation
is the
				evaluation of the individual's capacity to perform homemaking tasks described
				in 107 CMR
				11.08(1), performed by the
				Commission or its designee.
Non-agency Based Homecare Worker
is an
				individual, chosen and directed by the eligible individual, who provides
				homemaking services as an independent contractor for the eligible
				individual.
Ombudsperson
is the MRC staff person
				designated to function as a liaison between individuals and their
				representatives, and the Commission. The ombuds person is available to answer a
				variety of inquiries and help resolve complaints through problem-solving and
				negotiation between the parties.
Service Plan
identifies authorized
				service hours needed to address an eligible individual's homemaking needs based
				on a Homemaker Task Evaluation.
The HCAP Review Board
is the review
				board assigned to conduct HCAP administrative reviews and includes the HCAP
				Director, Deputy Commissioner of Independent Living and Chairperson of the Home
				Care Subcommittee of the Rehabilitation Advisory Council (RAC) or designee of
				the Chairperson of the HCAP RAC who must be a consumer.
The HCAP Administrative Review
is an
				informal and impartial hearing process to settle disagreements that applicants
				and consumers have with HCAP decisions effecting HCAP services to
				individuals.