reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.21 - Transition Services

Current through Register 1525, July 5, 2024
(1) Transition
			 services refers to a coordinated set of activities for a student with a
			 disability which promote movement from school to post-school activities,
			 including postsecondary education, vocational training, integrated employment
			 (including supported employment), continuing and adult education, adult
			 services, independent living, or community participation.
(2) The coordinated set of activities must be
			 based on the individual student's needs, taking into account the student's
			 preferences and interests, and include instruction, community experiences, the
			 development of employment and other post-school adult living objectives, and,
			 if appropriate, acquisition of daily living skills and functional vocational
			 evaluation.
(3) Transition services
			 must promote or facilitate the achievement of the employment outcome identified
			 in the student's IPE based on Commission determination of the needs of the
			 student.
(4) Transition services
			 can be provided only in accordance with requirements for OOS and requirements
			 of the IPE.
(5) Transition services
			 for a student with a disability are subject to determination of financial
			 participation. Full consideration must be given to any comparable benefit
			 available to an individual to meet, in whole or in part, the cost of transition
			 services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.22 - Other Goods and Services

Current through Register 1525, July 5, 2024
(1)
			 Other goods and services refers to goods and services determined necessary for
			 an individual under an IPE to achieve the employment outcome specified in his
			 or her IPE and not otherwise included in the usual scope of services. Other
			 goods and services can be provided only in accordance with requirements for OOS
			 and the IPE, except when incidental to the determination of eligibility,
			 priority for vocational rehabilitation services or the determination of
			 vocational rehabilitation needs.
(2) Other goods and services can include but
			 are not limited to: Short-term or emergency financial assistance to an
			 individual to cover occasional or emergency purchases that are not covered
			 under maintenance and will not support an individual's everyday living expenses
			 or substitute for, provide the services of, or become a payment program similar
			 to transitional assistance and other public benefit programs.
(3) Other goods and services do not include:
(a) counseling and guidance;
(b) physical and mental
			 restoration;
(c) vocational
			 training;
(d)
			 maintenance;
(e)
			 transportation;
(f) placement
			 services;
(g) vocational
			 rehabilitation services to family members;
(h) adaptive housing;
(i) motor vehicle modification;
(j) interpreter services for individuals who
			 are deaf;
(k) telecommunications,
			 sensory and technological aids and devices;
(l) occupational licenses, tools, equipment,
			 and initial stocks and supplies
(m)
			 personal care assistance;
(n)
			 rehabilitation technology;
(o) post
			 employment services;
(p)
			 information, referral, and other services;
(q) supported employment services;
			 or
(r) transition
			 services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 6.00 - Vocational Rehabilitation Services › Section 6.23 - Rates and Expenditures for Vocational Rehabilitation Services

Current through Register 1525, July 5, 2024
Rates, fees, and expenditures for vocational rehabilitation
				services are subject to all applicable Commonwealth of Massachusetts statutory,
				regulatory, and related requirements governing purchases of services and
				goods.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 7.00 - Termination Of Vocational Rehabilitation Services › Section 7.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107 CMR 7.00 establishes the
				conditions and policies for formal termination of vocational rehabilitation
				services and closure of the case record of any individual who has been
				referred, applied for, been determined eligible for, or received vocational
				rehabilitation services from the Commission.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 7.00 - Termination Of Vocational Rehabilitation Services › Section 7.02 - Meaning of Terms Used in 107 CMR 7.00

Current through Register 1525, July 5, 2024
The terms used in
				107 CMR 7.00 have the meanings
				ascribed in
				107 CMR
				3.00:
Definitions
, unless otherwise
				requires.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 7.00 - Termination Of Vocational Rehabilitation Services › Section 7.03 - Termination of Vocational Rehabilitation Services

Current through Register 1525, July 5, 2024
(1) Vocational rehabilitation services shall
			 be terminated and the case of an individual shall be closed when the individual
			 is:
(a) unavailable for services;
(b) determined ineligible for vocational
			 rehabilitation services under l 07 CMR 4.07:
Eligibility,
			 Ineligibility, Trial Work Experience and Extended
			 Evaluation
;
(c) determined
			 to have attained an employment outcome and requires no further vocational
			 rehabilitation services except post employment services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
107
				CMR 8.00 establishes the standards and procedures for
				the state funded Extended Employment Program (EEP) which is administered by the
				Massachusetts Rehabilitation Commission in order to provide work support
				services to enable employment of individuals with disabilities who are unable
				to maintain competitive employment. EEP is a program of work support services
				to enable individuals with disabilities to enter and maintain paid work as
				participants of a community rehabilitation provider. Work support services
				include, but are not limited to, job coaching, job development, case
				management, job modifications, referrals for other services, and employer
				education.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.02 - Meaning of Terms in 107 CMR 8.00

Current through Register 1525, July 5, 2024
The terms used in
				107
				CMR 8.00 will, unless the context otherwise requires,
				have the meanings defined in
				107 CMR
				3.00.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.03 - Referral for Extended Employment Program

Current through Register 1525, July 5, 2024
As of February 1, 2008, the Massachusetts Rehabilitation
				Commission will no longer accept referrals to the Extended Employment Program
				(EEP).
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.04 - Individual Choice of Employment Outcome

Current through Register 1525, July 5, 2024
(1)
			 Federal regulations defining successful vocational rehabilitation (VR)
			 employment outcomes were changed effective October 1, 2001 to exclude
			 employment in sheltered or non-integrated settings. This was to ensure that
			 individuals with significant disabilities have greater opportunities to pursue
			 competitive and supported employment.
All individuals who have been enrolled in EEP prior to February
				1, 2008 may continue in the program.
(2) For some individuals, extended or
			 non-integrated employment can be an initial step toward achieving integrated
			 employment under the VR program and a long-term employment option through
			 sources of support other than the VR program; therefore individuals may still
			 choose long-term employment services outside of the VR program. When an
			 individual chooses extended employment; the Commission shall make a referral to
			 a local extended employer provider.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.05 - Information and Referral

Current through Register 1525, July 5, 2024
If an individual makes an informed choice to pursue extended
				employment as an employment goal; the Commission shall explain to the
				individual that the purpose of the vocational rehabilitation program is to
				assist him or her in achieving an employment outcome in an integrated setting
				and
(a) provide information concerning
			 the availability of other employment options and vocational services, in
			 integrated settings; and
(b) refer
			 the individual if needed, to the local Work Incentive Planning and Assistance
			 (WIPA) Program, funded through the Social Security Administration and other
			 public benefits; and
(c) inform
			 that extended employment remains both a viable, interim option for preparing VR
			 participants for employment in integrated settings and a long -term employment
			 option through sources other than the VR program for those individuals who
			 prefer to work in extended employment; and
(d) emphasize that, if the individual
			 initially chooses not to pursue employment in an integrated setting, the
			 individual can seek those services from the Commission at a later
			 date.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.06 - Trial Period

Current through Register 1525, July 5, 2024
A current program participant entering competitive employment,
				or an alternative vocational program such as community based employment
				services shall have a trial period up to six months after placement at which
				time work support services for the participant's position at the community
				rehabilitation provider will be held available. An EEP participant who is
				unable to complete the trial period, may return to the EEP position with work
				support services available as needed. Providers may bill the Commission for
				work support services during the trial period at established EEP
				rates.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.07 - Termination from Employment

Current through Register 1525, July 5, 2024
When a former EEP participant is terminated from competitive
				employment or alternative vocational program the individual may reapply for
				vocational rehabilitation services at the local Commission office or the
				Statewide Employment Services Department.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.08 - Review of Participants in Extended Employment Program

Current through Register 1525, July 5, 2024
The Commission shall conduct monthly reviews of the progress of
				each participant receiving work support services through the EEP. In addition,
				the Commission shall conduct annual reviews of each participant's progress to
				determine continued eligibility for EEP work support services as well as
				possible referral for vocational rehabilitation services, Community Based
				Employment Services, competitive employment, alternate programs, ancillary
				services or other appropriate placements. To maintain eligibility, all
				participants must maintain at least a 25% production rate and a 75% monthly
				attendance for eight consecutive weeks.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.09 - Eligibility of Rehabilitation Providers

Current through Register 1525, July 5, 2024
All community rehabilitation providers (CRP) participating in
				the Commission's EEP program must be approved by the Commission. All extended
				employment work support services must be rendered under a contract between an
				eligible provider and the Commission. Contracts and expenditures for such
				services are subject to state appropriations and to all Massachusetts'
				statutory, regulatory and related requirements governing the purchases of
				services and goods.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 8.00 - Extended Employment Program › Section 8.10 - Appeal Rights

Current through Register 1525, July 5, 2024
Commission decisions regarding the continuing eligibility of
				current individuals for EEP work support services are subject to appeal in
				accordance with
				107 CMR
				1.00. Requests for appeal must be made in writing
				addressed to the attention of the Client Appeals Coordinator at the Commission
				Administrative Office. EEP work support services are fully state funded and
				subject to appropriation. Decisions by EEP CRP's affecting the nature,
				conditions, hours or retention of work are not subject to appeal through the
				Massachusetts Rehabilitation Commission. EEP CRP's are expected to inform EEP
				participants of their rights as participants and their rights and methods for
				seeking redress of discriminatory employment practices.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 10.00 - Independent Living Services › Section 10.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
								107
			 CMR 10.00 establishes the policy and procedures to be
			 followed to provide access to comprehensive Independent Living Rehabilitation
			 Services (ILRS), which are available only through Title VII Part B of 29 USC
			 § 701 et seq.
(2) Independent
			 Living Rehabilitation Services through this program are designed to meet the
			 current and future needs of individuals whose disabilities are severe but who
			 may benefit from Independent Living Rehabilitation Services to maintain or
			 improve their ability to function independently in family and
			 community.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 10.00 - Independent Living Services › Section 10.04 - Process for Determining Eligibility and Order of Selection for Services

Current through Register 1525, July 5, 2024
(1) Eligibility for independent living
			 services is based only on ILC staff decisions that verify:
(a) the presence of a severe physical,
			 mental, cognitive or sensory impairment;
(b) the presence of a severe limitation in
			 one's ability to function independently in family or community or to engage or
			 continue in employment; and
(c) a
			 reasonable expectation that independent living rehabilitation services will
			 significantly assist the individual to improve his or her ability to function
			 in family or community or to engage or continue in employment. Eligibility
			 verification must be documented in the consumer service record.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 10.00 - Independent Living Services › Section 10.05 - Waiting Lists

Current through Register 1525, July 5, 2024
In the event that funds for the Title VII Part B program are
				insufficient to serve all certified individuals, the Commission shall institute
				a waiting list for purchased ILRS. The name of each individual who is eligible
				for services shall be placed on a statewide waiting list that is subdivided
				according to the priority categories described in
				107
				CMR 10.04. Placement of each individual's
				name shall be determined according to their priority category and by the date
				when the ILC approved the specific services on the ILP. When funds become
				available to provide purchased services to eligible individuals in a specific
				priority category, individuals on the waiting list in that category shall be
				served by the ILC based on the chronological order of their approval
				date.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 10.00 - Independent Living Services › Section 10.06 - Independent Living Rehabilitation Services (ILRS)

Current through Register 1525, July 5, 2024
(1) Independent Living Rehabilitation
			 Services (ILRS) which may be available through Title VII Part B funding through
			 the Massachusetts Rehabilitation Commission are those services defined in the
			 State Plan for Independent Living, as it has been approved by the Secretary of
			 the U.S. Department of Education.
(2) No purchased ILRS is available through
			 Title VII Part B, if the same, or essentially the same, service is available
			 from a comparable benefit. (See
			 107 CMR 10.02
			 ).
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 10.00 - Independent Living Services › Section 10.07 - Appeal Process

Current through Register 1525, July 5, 2024
(1) The ILC is
			 responsible for the approval or denial of all independent living rehabilitation
			 services.
(2) Any dissatisfaction
			 with the service delivery or dissatisfaction with the reason for a denial of
			 services should be expressed to the ILC in accordance with their appeal
			 policy.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1) The Home
			 Care Assistance Program (HCAP) is a statewide program administered by the
			 Commission for eligible individuals whose disabilities result in a need for
			 homemaking and coordination of services in order to live independently in the
			 community.
(2) The Home Care
			 Assistance Program provides needed homemaking and coordination of services to
			 eligible individuals, age 18 through 59 with disabilities other than legal
			 blindness.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.03 - Referral and Application

Current through Register 1525, July 5, 2024
(1) Any
			 person, agency or organization may notify the Commission of an individual who
			 may be in need of homemaking services.
(2) HCAP referral and application policies
			 shall be written and available to the public.
(3) Upon request, applicants shall be
			 provided written referral and application policies.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.04 - Non-discrimination

Current through Register 1525, July 5, 2024
(1) HCAP
			 eligibility and other program requirements shall be applied without regard to
			 the sex, sexual orientation, race, religious creed, color, ancestry, or
			 national origin of the individual applying for services.
(2) No individual shall be excluded or found
			 ineligible solely on the basis of the type of their disability, provided,
			 however, that individuals who are legally blind shall be referred for services
			 to the Massachusetts Commission for the Blind.
(3) HCAP services may only be delivered in
			 Massachusetts.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.05 - Eligibility Determination Process

Current through Register 1525, July 5, 2024
The Commission shall determine eligibility based on the
				information provided by the applicant during the Homemaking Services
				Eligibility Assessment.
(1)
Determination of Eligibility
. An applicant who meets
			 the following criteria shall be deemed eligible:
(a) the individual is between the ages of 18
			 and 59, and has a medically documented physical or mental disability that
			 results in the individual's inability to perform essential homemaking tasks;
			 and
(b) the provision of homemaking
			 services is necessary for the individual to live independently in the
			 community; and
(c) the individual
			 and any other adults in the home where the individual resides, are unable to
			 perform the homemaking tasks, as determined in the Homemaking Services
			 Eligibility Assessment, due to disability or the relationship between the
			 individual and other adults in the home; and
(d) the individual meets the financial
			 criteria pursuant to
			 107
			 CMR 11.11.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.06 - Service Plan Development

Current through Register 1525, July 5, 2024
(1)
			 Once deemed eligible, the Commission will conduct a Homemaker T ask Evaluation
			 for the individual. This evaluation will be used by the Commission:
(a) to determine the number of homemaking
			 services and service hours the eligible individual needs to live independently,
			 as described in
			 107
			 CMR 11.08; and
(b) develop a Service Plan, which includes
			 those homemaking services and homemaking service hours.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.07 - Redetermination Eligibility Review

Current through Register 1525, July 5, 2024
(1)
			 HCAP will review an individual's Service Plan and eligibility for homemaking
			 services annually, or more frequently as deemed necessary by HCAP. Such review
			 shall include:
(a) a review of the
			 individual's eligibility under
			 107
			 CMR 11.05;
(b) a review of the service plan including an
			 assessment of the quality of services delivered by the provider and a review of
			 the individual's satisfaction with services rendered.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.08 - Scope of HCAP Services

Current through Register 1525, July 5, 2024
(1) HCAP will
			 only provide HCAP homemaking services as determined necessary in the Homemaker
			 Task Evaluation and Service Plan. Homemaking tasks shall only include:
(a) Meal preparation;
(b) Grocery shopping at the supermarket or
			 grocery store closest to the individual's residence;
(c) Laundry of the eligible individual's
			 items only; and
(d) Light
			 housekeeping of the individual's primary living areas of the kitchen, bathroom,
			 living room and the individual's bedroom.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.09 - Change in Living Conditions or Health Status

Current through Register 1525, July 5, 2024
Eligible individuals shall notify their HCAP case manager of
				any change in their living, financial or health status that may affect
				eligibility for HCAP services, within 30 days of such change.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.11 - Financial Need Assessment

Current through Register 1525, July 5, 2024
(1)
			 HCAP services shall be provided only after a financial need assessment is
			 completed.
(2) All applicants must
			 cooperate in completion of forms and provide documentation necessary to
			 determine financial eligibility.
(3) To meet HCAP's financial eligibility
			 requirement, the applicant's income must be at or below 300% of the Poverty
			 Threshold as reported by the United States Census Bureau.
(4) Recipients of Supplemental Security
			 Income (SSI), Transitional Assistance for Dependent Children (TAFDC), or
			 Emergency Aid for the Elderly and Disabled Children (EAEDC) shall be considered
			 financially eligible for HCAP.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.12 - Case Closure

Current through Register 1525, July 5, 2024
(1) An
			 individual may be deemed no longer eligible for HCAP services based on one or
			 more of the following circumstances:
(a)
			 failure to participate with the eligibility review process as described
			 107
			 CMR 11.07;
(b) a determination the individual no longer
			 meets the criteria for eligibility as described in
			 107
			 CMR 11.05;
(c) relocation outside of the
			 Commonwealth;
(d) a change in the
			 individual's health status, finances, and/or living circumstance as described
			 under
			 107
			 CMR 11.09; or
(e) upon request of the individual.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.13 - Review of Agency Decision

Current through Register 1525, July 5, 2024
(1) An
			 individual, or authorized representative, may request a review of the following
			 agency decisions:
(a) Case closure under
			 107
			 CMR 11.12;
(b) A determination of ineligibility under
			 107
			 CMR 11.05; or
(c) A reduction or termination of services
			 under
			 107
			 CMR 11.07.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.14 - Administrative Review

Current through Register 1525, July 5, 2024
(1) A request
			 for review must be made in writing, and may be submitted electronically, by
			 mail or hand delivery to the HCAP Director, c/o Home Care Assistance Program
			 (HCAP) within 30 days of the issuance of the agency decision for which review
			 is requested.
(2) The Home Care
			 Director, or their designee, shall acknowledge receipt of the request for
			 review in writing within ten business days of receipt of the request for
			 review.
(3) After receiving a
			 request for review, the HCAP Director shall review the individual's entire HCAP
			 file.
(4) Where requested by either
			 the individual or HCAP, the Ombudsperson or Office of Individual Family
			 Engagement may be present to assist in resolution.
(5) Within 30 days of the acknowledgment of
			 receipt of a request for review, the HCAP Director shall render a written
			 administrative review decision and provide a copy of that decision to the
			 individual through electronic message or
via
U.S. Mail, as
			 requested.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.15 - Fair Hearing

Current through Register 1525, July 5, 2024
(1) The
			 individual, or their authorized representative, may appeal the administrative
			 review decision by filing a petition for a fair hearing with the Appeals
			 Coordinator within 30 days of the issuance date of the written administrative
			 review decision.
(2) The Appeals
			 Coordinator will schedule the fair hearing to be held within 60 days of
			 receiving the petition.
(3) The
			 fair hearing shall be conducted by an impartial hearing officer designated by
			 the Commissioner. The hearing officer may be an employee of the Commission,
			 provided, that such employee does not have a direct or indirect interest,
			 personal involvement, or bias in the hearing in accordance with
			 801
			 CMR 1.02:
Informal/Fair Hearing
			 Rules.
(4) The fair
			 hearing shall be conducted according to the provisions of Informal Rules of
			 Adjudicatory Procedure found at
			 801
			 CMR 1.02:
Informal/Fair Hearing
			 Rules.
(5) The individual,
			 authorized representative, or an advocate on behalf of the individual is
			 entitled and shall have access to the HCAP record. A signed release from the
			 individual, or authorized representative, is necessary to allow an advocate
			 access to these records. The authorized representative and/or advocate may
			 accompany the individual to the fair hearing. HCAP must be informed of the
			 individual's intent to have an advocate present. Both the individual and the
			 HCAP staff shall present their case.
(6) The hearing officer shall render a
			 decision based on documentation and evidence submitted by the parties at the
			 hearing and the HCAP policies and regulations. A written decision shall be
			 mailed to the individual, or authorized representative, and the HCAP staff, no
			 later than 45 days after the hearing. This decision constitutes the final
			 decision by the agency.
(7)
			 Individuals dissatisfied with the decision of the hearing officer have the
			 right to pursue an appeal at their own expense, through the appropriate
			 Superior Court of the Commonwealth pursuant to M.G.L. c. 30A.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 11.00 - Home Care Assistance Program › Section 11.16 - Rates and Expenditures

Current through Register 1525, July 5, 2024
Rates, fees and expenditures for Homemaking Services are
				subject to all applicable state statutory and regulatory requirements governing
				the purchasing of goods and services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
107
				CMR 12.00 establishes the policy, conditions, criteria
				and procedures for the operation of the Statewide Head Injury Program (SHIP)
				and the services provided by SHIP.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.03 - Referral Application and Eligibility Determination Process

Current through Register 1525, July 5, 2024
(1) Any person, agency or organization may
			 refer an individual by contacting SHIP. SHIP shall send a letter to the
			 referred individual, which shall include an application and release of
			 information forms.
(2) The
			 eligibility determination process begins with the submission of an application
			 form signed by the individual applying for services or their court-appointed
			 guardian. A copy of any applicable Massachusetts guardianship order must be
			 included as well as copies of any authorizations allowing persons other than
			 the individual to act on their behalf such as conservator ship, power of
			 attorney, and representative payee.
(3) From the information obtained from the
			 completed application, SHIP shall collect the medical and related records
			 necessary for an eligibility determination.
(4) The documentation that is required by
			 SHIP shall be hospital or medical records that specifically document the
			 occurrence of a traumatic brain injury and/or treatment of a head injury at the
			 time the traumatic brain injury reportedly occurred. In the event that these
			 records have been destroyed or the hospital has no record of the applicant
			 being seen or the applicant does not remember when and where they were treated
(a) the following requirements shall be
			 substituted:
1. A report completed at the time
			 of the injury which specifically documents damage related to traumatic brain
			 injury; or
2. An EMT report, a
			 police report, a report recording domestic violence or military service records
			 which document the injury when it occurred; or
3. Documentation of patho physiological
			 sequelae which are diagnosis specific,
e.g.
Shaken Baby
			 Syndrome and Dementia Pugilistica.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.04 - Criteria for Eligibility

Current through Register 1525, July 5, 2024
(1) Eligibility for
			 SHIP services is based on:
(a) an individual's
			 documented externally caused traumatic brain injury; and
(b) significant impairment of behavioral,
			 cognitive, and/or physical functioning resulting primarily from an externally
			 caused traumatic brain injury; and
(c) a demonstration of an ability and intent
			 to participate in community based services.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.05 - Financial Assessment

Current through Register 1525, July 5, 2024
A Financial assessment form shall be completed for all SHIP
				consumers who are not Medicaid recipients. All recipients of 24 hour/seven day
				residential services shall contribute to the cost of their room and
				board.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.06 - SHIP Services

Current through Register 1525, July 5, 2024
(1) SHIP supported
			 services are subject to appropriations by the legislature and availability of
			 appropriated funds.
(2) Services
			 for eligible individuals are identified following an assessment of the
			 individual's needs. Services shall focus on the development of functional
			 living skills and must be provided in community-based settings. Services may be
			 provided by SHIP or through the identification and referral to non-SHIP-funded
			 local resources.
(3) The provision
			 of the SHIP-supported services is dependent upon availability of the service,
			 geographic accessibility and availability of fiscal resources.
(4) An individual's clinical status and
			 ability to participate according to the criteria
			 107 CMR 12.04(1)
			  is subject to re-evaluation as services
			 become available or are requested.
(5) SHIP may provide information and referral
			 services to any individual or organization upon request.
(6) General training and education may be
			 provided upon request to the public at large and, for example, other state
			 agencies, private providers and professionals, and school systems.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.07 - Case Closure and Ineligibility Determination

Current through Register 1525, July 5, 2024
(1)
Case Closure
. An
			 individual's case shall be closed for the following reasons:
(a) refusal, inability or unavailability to
			 participate in SHIP services; or
(b) change of residency status; or
(c) refusal by residents of a 24 hour/seven
			 residential program to contribute available financial resources to their room
			 and board; or
(d) death;
			 or
(e) at the request of the
			 individual.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.08 - Limitations Regarding SHIP Funded Services

Current through Register 1525, July 5, 2024
(1) SHIP shall support programs and service
			 providers located in the Commonwealth except when services determined necessary
			 by a SHIP program coordinator are not available within the
			 Commonwealth.
(2) Services that
			 SHIP purchases including diagnostic services, shall be provided only after a
			 full exploration of other resources available to the applicant. An applicant
			 must take all necessary steps to obtain benefits to which he/she is legally
			 entitled or for which he/she may be eligible. The program coordinator shall
			 assist the applicant and, as appropriate, the applicant's parent(s),
			 guardian(s) or representative(s) to access all other appropriate resources and
			 public benefits to which the applicant may be entitled.
(3) SHIP shall not be responsible for any
			 evaluations, treatment or services which are not previously authorized in
			 writing by a SHIP program coordinator.
(4) The Commonwealth's existingpublic human
			 service system shall be fully utilized, where available and appropriate, for
			 evaluation and provision of services. SHIP does not operate inpatient
			 facilities nor provide direct crisis intervention services. SHIP responds to
			 individuals in crisis by referring them for intervention and stabilization to
			 the appropriate resources which are available in the Commonwealth,
			 (
e.g
. the Department of Mental Health screening clinics,
			 hospital emergency rooms, and local police or inpatient psychiatric
			 facilities).
(5) A waiting list for
			 certain contracted services may exist. The waiting lists are for specific
			 services and administered by the date of the individual's application to SHIP.
SHIP services are subject to state appropriations and
				availability of limited fiscal resources.
Code of Massachusetts Regulations › 107 CMR - MASSACHUSETTS REHABILITATION COMMISSION › Title 107 CMR 12.00 - Statewide Head Injury Program › Section 12.09 - Right to Appeal

Current through Register 1525, July 5, 2024
(1) An individual,
			 guardian or a designated representative may file an appeal concerning
			 ineligibility or a denial, suspension, reduction or termination of
			 service.
(2) An appeal is initiated
			 by notifying the Director in writing and must be filed within 30 days after
			 receipt of the decision which is the subject of the appeal.
(3) The Director or designee shall conduct an
			 informal review within 30 days of notification of the appeal.
(4) If the issues being appealed are not
			 resolved by the informal review, the appealing party may petition the Director
			 for a fair hearing, within 30 days of the conclusion of the informal
			 review.
(5) Within 60 days of the
			 filing of the appeal, the Commission shall hold a fair hearing;
(a) t he procedural rules governing all
			 hearings shall be the Informal Rules of the Standard Adjudicatory Rules of
			 Practice and Procedure,
			 801 CMR
			 1.02.
(b) the fair hearing shall be conducted by an
			 impartial hearing officer designated by the Commission;
(c) the individual shall have the right to be
			 represented at the hearing by a person of the individual's choosing at the
			 individual's own expense;
(d) the
			 appealing party and the Commission shall have the right to present any evidence
			 relevant to the issues on appeal and have the right to call and examine
			 witnesses.
(e) The appealing party
			 with appropriate authorization can examine all records held by the Commission
			 pertaining to the individual including all records on which the decisions at
			 issue were made.
(f) following the
			 hearing, the hearing officer shall prepare and submit a decision which will
			 include the reasons for the decision including a summary of the evidence
			 presented, findings of fact and conclusions of law.
(g) the decision shall be mailed to the
			 individual and to the individual's guardian or representative, as appropriate,
			 and the Director within 30 days.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 2.00 - General Provisions › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. 108 CMR, and any directives promulgated pursuant to them, by the Department of Veterans' Services govern its operations, including its relations with the local departments of veterans' services. The purpose of 108 CMR is to ensure the proper administration of public assistance under M.G.L. c. 115, and all other benefits to veterans and their dependents.
(2)
Severability
. If any provision of 108 CMR or its application is held to be invalid, such invalidity shall not affect other provisions or their application.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.01 - Determination of Eligibility

Current through Register 1525, July 5, 2024
(1)
Residence
. The veterans' agent shall make the initial determination of the residence of an applicant for veterans' benefits. The Secretary shall decide all control versies among towns, or between an applicant and a veterans' agent, regarding the applicant's residence. Veterans' agents may take applications on behalf of their counterparts in adjoining cities and towns, but shall not be responsible for providing benefits, which are the responsibility of the city or town where the applicant resides.
(2)
Homeless Applicant
. An applicant lacking a present abode shall be required to provide an affidavit stating his identity, his last place of residence, and his intention to establish an abode within the city or town in which he applies.
(3)
Veterans' Agent's Determination and Recommendation
. The veterans' agent shall determine an applicant's eligibility and need for benefits on the basis of information obtained from the applicant and through the agent's own investigation. The veterans' agent then shall make a determination on the type and level of benefits, if any, which shall be granted to the applicant unless the determination requires prior approval. The veterans' agent shall not deny an application for benefits on the ground that it does not present a situation conforming to a pattern for which there are predetermined standards of assistance. The determination of a veterans' agent that an applicant is or is not eligible for or does or does not need veterans' benefits shall be supported by adequate evidence. The determination and recommendation of the veterans' agent shall be made available in writing to the applicant and shall include facts supporting the determination and recommendation and reference to the applicable statutes or regulations.
(a) The veterans' agent shall not deny an application or withhold benefits payments solely because of delays in the administrative or investigatory process.
(b) Whenever the veterans' agent determines that an application shall be approved, he or she shall promptly send written notification to the applicant on a Notice of Determination form prescribed by the Secretary advising the applicant of the amount of benefits to be provided and the effective date, and the applicants' right of appeal if dissatisfied with the amount or the effective date of benefits.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.02 - Military Service Requirements

Current through Register 1525, July 5, 2024
In order to be eligible for M.G.L. c. 115 veterans' benefits, the person asserting to be a veteran must meet the eligibility requirements contained in M.G.L. c. 115, §§ 1 and 6A for active service in the U.S. Army, Marine Corps, Navy, Air Force, or Coast Guard of the United States. Military service also includes service by members of the Merchant Marines who served in armed conflict between December 7, 1941 and August 15, 1945, and who have received discharges from the U.S. Army, Navy or Coast Guard; it does not include active duty for training purposes in the Army or Air National Guard, or active duty for training as a reservist in any branch of the Armed Forces. Discharges must have been under honorable conditions.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.03 - Pre-application Veterans' Benefits

Current through Register 1525, July 5, 2024
With Prior approval, the Secretary may, on recommendation of the veterans' agent, authorize or approve the payment of veterans' benefits for not more than 60 days prior to the date of the application. The necessity must have been caused by serious accident or illness to the applicant or to one or more dependents of the applicant.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.04 - Massachusetts Residence Requirements

Current through Register 1525, July 5, 2024
(1)
Applicants in Institutions and Transitional Residences
. The city or town in which an applicant resided immediately prior to entering an institution or transitional residence is the place of residence for the purpose of an application for benefits. That same city or town shall be liable for all benefits granted to the applicant or recipient, including the costs of his or her care in the institution or transitional residence. The city or town in which the institution or transitional residence is located shall not be liable for the recipient's benefits unless it also qualifies as the last place of residence of the recipient, or the recipient declares residency in that municipality. However, a person who resides for a year or more in an institution or transitional residence shall be deemed to be a resident of the city or town in which such institution or transitional residence is located.
(2)
Veterans Attending Educational Institutions
. A veteran attending an educational institution shall be considered a resident of the municipality where he or she resides permanently, unless it is the same municipality.
(3)
Children
. An application for benefits by or on behalf of the eligible child of a veteran shall be filed in the city or town where the child resides.
(4)
Separated Persons
. An applicant or recipient who is legally or consensually separated shall file a separate application for benefits in his or her respective city or town.
Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 3.00 - Eligibility For Veterans' Benefits › Section 3.05 - Eligible Dependents

Current through Register 1525, July 5, 2024
(1)
Categories of Eligible Dependents
. The following categories of persons may qualify as dependents eligible to receive veterans' benefits.
(a) Spouse of the veteran.
(b) Widow or widower of the veteran.
(c) Parent of the veteran.
(d) Any person who acted as a parent to the veteran for five years immediately preceding the commencement of the veteran's wartime service.
(e) Child of the veteran until his or her 19th birthday.
(f) Child of the veteran between 19 years and 23 years of age while the child is attending high school, an institution of higher learning or some other accredited educational institution provided that the applicant is in receipt of benefits under the provisions of M.G.L. c. 115.
(g) Child of the veteran 19 years of age or older who is mentally or physically unable to support himself or herself and was affected by the disability prior to his or her 18th birthday.
(h) Legally adopted children of the veteran, in categories 108 CMR 3.05(1)(e) through (g).