reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.11 - Elder's Refusal to Participate

Current through Register 1525, July 5, 2024
(1) An Elder with
			 the Decisional Capacity to understand the circumstances and consequences of a
			 report received by a Protection Services Agency and the nature of available
			 Protection Services may refuse to participate in an Investigation being
			 conducted by a Protective Services Agency. If an Elder refuses to participate
			 in an investigation, the Protective Services Agency shall make all reasonable
			 efforts to continue the investigation and attempt to comply with the
			 requirements of
			 651 CMR 5.10 to the
			 extent possible and in a manner that will not unnecessarily endanger the
			 Elder.
(2) All reasonable efforts
			 should be made to conduct at least one home visit or in-person interview with
			 the Elder.
(3) If after completing
			 an Investigation without the participation of the elder, the Protective
			 Services Agency determines there is Reasonable Cause to Believe a Reportable
			 Condition exists, the Protective Service Agency shall develop a service plan in
			 accordance with
			 651 CMR
			 5.13 and offer Protective Services to the
			 Elder. Elders with Decisional Capacity retain the right to refuse such
			 Protective Services.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.12 - Action upon the Completion of Investigation

Current through Register 1525, July 5, 2024
(1)
			 If, after the Investigation of a report, a Protective Services Caseworker
			 determines that there is no Reasonable Cause to Believe that a Reportable
			 Condition exists, the Protective Services Caseworker, with supervisory approval
			 shall:
(a) Expunge records in accordance with
			 651 CMR
			 5.20(11)  within three years
			 of such determination; and
(b)
			 Where appropriate, the Protective Services Caseworker shall provide information
			 and referral to the Elder regarding social, health, legal, or other
			 services.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.13 - Service Plan Development

Current through Register 1525, July 5, 2024
After it is determined that a Reportable Condition exists, the
				Protective Services Agency shall begin to develop a Service Plan. The Service
				Plan shall:
(1) be developed in
			 consultation with the Elder and/or reflect the Elder's needs and wishes as much
			 as possible, consistent with the Elder's Decisional Capacity to consent, and
			 utilize the least restrictive, appropriate service alternatives;
(2) be developed in consultation with the
			 Protective Services Supervisor;
(3)
			 be developed within five business days following the completion of the
			 Investigation; and
(4) be
			 reassessed at least once during the first month of service. After the initial
			 month, each Eligible Elder's need for services shall be reassessed at least
			 every three months thereafter until such service(s) are no longer required, but
			 shall be modified more frequently, if needed, to reflect changes in the Elder's
			 needs, circumstances or the level of risk, consistent with the requirements of
			 651 CMR
			 5.18.
Any changes in the service pattern, including an increase,
				reduction, termination, or suspension of service other than those set forth in
				the initial plan, made as a result of those periodic reviews, shall be
				reflected in the service plan.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.14 - Financial Eligibility and Costs for Certain Services

Current through Register 1525, July 5, 2024
(1) Protective Services Casework shall be
			 provided to Eligible Elders regardless of income.
(2)
Costs and Eligibility of
			 Other Protective Services
.
(a)
			 Home Care Services that may be provided under the Commonwealth's Home Care
			 Program shall be subject to the financial eligibility and Cost Sharing Program
			 requirements set forth in
			 651
			 CMR 3.00
: Home Care
			 Program
.
(b) Home Care
			 Services that may be provided under the Commonwealth's Home Care Program shall
			 be subject to the criteria established by the Home Care Program as set forth in
			 651
			 CMR 3.00
: Home Care
			 Program
.
(c) Home Care
			 Program Respite Services shall be subject to the Respite Care Program
			 requirements and copayment criteria set forth in
			 651
			 CMR 3.00
: Home Care
			 Program
.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.15 - Obtaining Consent for Protective Services

Current through Register 1525, July 5, 2024
(1) A
			 Protective Services Agency shall provide Protective Services to an Elder who
			 suffers from a Reportable Condition and who needs such service(s) only when one
			 of the following has been obtained:
(a) The
			 written consent of the Elder or Guardian on a form provided by the Department
			 or;
(b) Verbal consent or an
			 affirmative act by the Elder indicating consent, where the Elder is:
1. physically incapable of providing written
			 consent;
2. unable to
			 read;
3. unwilling to or fearful of
			 providing written consent; or
4.
			 unable to understand the form in the language in which it is printed and for
			 which reasonable attempts have been made to explain the services in the Elder's
			 primary language.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.16 - Actions Without Consent

Current through Register 1525, July 5, 2024
(1) Upon a refusal
			 to consent, or withdrawal of consent to Protective Services by an Abused Elder
			 who has the Decisional Capacity to consent; or upon the decision of the Court
			 not to issue an order for Protective Services or not to appoint a fiduciary of
			 an Abused Elder under M.G.L. c. 19A, § 20(a) or 20(b), the Protective
			 Services Caseworker shall do the following:
(a) Notify the Elder of the availability of
			 Protective Services should he or she decide to consent to services at a future
			 time;
(b) Advise the Elder of the
			 availability of Home Care and other social services in his or her
			 area;
(c) Advise the Elder of the
			 availability of free legal services in his or her area;
(d) Explain the availability of M.G.L. c.
			 209A and other appropriate legal interventions to protect him or her from
			 further Abuse in family and household Abuse situations;
(e) Close the Protective Services
			 Case.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.17 - Protective Orders

Current through Register 1525, July 5, 2024
(1) A Protective
			 Order may be sought to enable the provision of Protective Services in cases
			 where a Protective Services Agency has Reasonable Cause to Believe that access
			 to the allegedly Abused Elder has been barred by any person other than the
			 allegedly Abused Elder or where the determination of the Elder's Decisional
			 Capacity to consent to the provision of Protective Services is necessary for
			 the completion of the Investigation.
(2) Protective Orders may be sought for the
			 following circumstances:
(a) The Elder is
			 believed to lack the Decisional Capacity to consent to protective services. A
			 Protective Services Agency or the Department may petition the Court for an
			 order under M.G.L. c. 19A, § 20(a) or 20(b) requesting that a
			 medical/competency evaluation be completed in order to determine the Elder's
			 Decisional Capacity to consent to Protective Services if, as a result of an
			 Investigation, a Protective Services Agency or the Department has Reasonable
			 Cause to Believe:
1. That a Reportable
			 Condition exists;
2. That the Elder
			 is in need of one or more Protective Services to alleviate the conditions
			 creating the Abuse;
3. That an
			 attempt has been made to obtain consent in accordance with
			 651 CMR
			 5.15 for the provision of one or more
			 Protective Services and consent has not been obtained; and
4. That consent has not been obtained because
			 the Elder may lack the Decisional Capacity to consent to the provision of one
			 or more Protective Services needed to alleviate the Abuse;
5. That the risk to the Elder is serious
			 enough to warrant Court intervention; and
6. Supervisory approval for the initiation of
			 Court action has been obtained.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.18 - Casework Practice and Case Record Documentation

Current through Register 1525, July 5, 2024
(1)
Casework Practice
.
(a) Throughout the provision of Protective
			 Services Casework, the Protective Services Caseworker shall:
1. Inform the Elder of his or her rights
			 regarding consent, including consequences and choices in the acceptance or
			 refusal of Protective Services;
2.
			 Clearly explain all available service and legal options to the Elder and assist
			 the Elder in accessing the options that he or she has chosen;
3. Involve the Elder to the greatest extent
			 feasible in all aspects of service provision;
4. Respect the wishes of the Elder to the
			 greatest extent feasible, consistent with the Elder's Decisional Capacity to
			 consent, in all aspects of service provision, and seek to provide the least
			 restrictive, appropriate service alternatives;
5. Maintain contact with the Elder consistent
			 with the service needs and service plan of the Elder and at a minimum of one
			 home visit or in-person interview per month;
6. Continue to develop an ongoing objective
			 assessment of the risk factors affecting the Elder;
7. Make casework decisions with supervisory
			 consultation.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.19 - Reporting to District Attorneys

Current through Register 1525, July 5, 2024
(1) If the
			 Department or its Protective Services Agency has Reasonable Cause to Believe
			 that an Elder has died as a result of Abuse, the death shall be reported
			 immediately to the District Attorney of the County in which the Abuse occurred.
			 Written notification on a form provided by the Department shall be forwarded to
			 the District Attorney as soon as possible. A Protective Services Agency shall
			 cease the activities of the Protective Services Investigation and base the
			 determination of Reasonable Cause to Believe on information already obtained in
			 order that no action be taken which could jeopardize the District Attorney's
			 ability to investigate a possible homicide and pursue criminal prosecution,
			 where appropriate.
(2) If a
			 Reportable Condition is substantiated and an Investigation results in a
			 determination that the Elder has suffered a Reportable Condition(s) other than
			 death, the Department or Protective Services Agency shall report such
			 determination within 48 hours to the District Attorney of the County where the
			 Abuse occurred for further investigation. Conditions Reportable to the District
			 Attorney by a Protective Services Agency pursuant to M.G.L. c. 19A,
			 §§ 16(b) and 18(a) shall include, but not be limited to, the
			 following:
(a) Brain damage;
(b) Loss or substantial impairment of a
			 bodily function or organ;
(c)
			 Fracture of a bone;
(d) Any serious
			 or intentional burns;
(e)
			 Disfigurement;
(f) Sexual assault,
			 rape, sexual misuse or sexual exploitation;
(g) Serious Physical Injury as the result of
			 a pattern of repetitive actions;
(h) Soft tissue swelling, skin bruising or
			 tears, depending on such factors as the Elder's physical condition,
			 circumstances under which the injury occurred, and the number and location of
			 bruises;
(i) Significant,
			 unexplained weight loss;
(j)
			 Symptoms resulting from the use of medications or chemical restraints or the
			 withholding of life sustaining medications;
(k) Any other non-trivial injury;
(l) Pressure ulcers that pose a serious
			 medical risk for the Elder;
(m)
			 Financial exploitation which involves possible criminal conduct, including but
			 not limited to, the crimes of larceny by stealing, larceny by false pretenses,
			 larceny from the person, larceny by embezzlement, larceny by check, forgery,
			 uttering and extortion, and which possible criminal conduct substantially and
			 seriously affects the financial situation of the Elder;
(m) Threats of Abuse in which a Protective
			 Services Agency has Reasonable Cause to Believe that an individual may have the
			 intent and apparent ability to carry out the following:
1. threat to kill the Elder;
2. threat to physically harm the Elder as
			 described in 651 CMR 5.19(2)(a) through (k).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.21 - Non-discrimination in Service Delivery

Current through Register 1525, July 5, 2024
Neither a Protective Services Agency nor its sub-contractors or
				sub-grantees shall deny services to or otherwise discriminate in the delivery
				of services to any person who otherwise meets the eligibility criteria for the
				Protective Services Program, on the basis of race, color, religion, sex, age,
				sexual orientation, national origin, ancestry, physical or mental handicap or
				because such a person is a recipient of federal, state, or local public
				assistance or housing subsidies. A Protective Services Agency shall comply with
				all applicable provisions of:
(1) Title
			 VI of the Civil Rights Act of 1964 (
			 42
			 U.S.C. 2000d
et
			 seq
.);
(2) Section 504 of
			 the Rehabilitation Act of 1973 (
			 29 U.S.C.
			 794 ) and the regulations promulgated
			 thereunder, ( 45 CFR 85 );
(3)
			 M.G.L. c. 151B, § 4(10); and
(4) The Americans with Disabilities Act of
			 1990 ( P.L.
			 101-366 ).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.22 - Non-discrimination in Employment

Current through Register 1525, July 5, 2024
Neither a Protective Services Agency nor its sub-contractors
				and/or sub-grantees shall discriminate against any qualified employee or
				applicant for employment because of race, color, national origin, ancestry,
				age, sexual orientation, sex, religion or physical or mental handicap. A
				Protective Services Agency, its sub-contractors and/or sub-grantees shall
				comply with the applicable provisions of the following:
(1) Title VI of the Civil Rights Act of 1964
			 ( 42
			 U.S.C. 2000e
et
			 seq
.);
(2) M.G.L. c. 151B,
			 § 4(1);
(3) The Department's
			 policies regarding Discrimination Based on Age in Agencies and Organizations in
			 Receipt of Funds from the Department of Elder Affairs (EOEA
			 PI-96-34);
(4) Section 504 of the
			 Rehabilitation Act of 1973 (
			 29 U.S.C.
			 794 ) and the regulations promulgated
			 pursuant thereto ( 45 CFR 85 ); and
(5) The Americans with Disabilities Act of
			 1990 ( P.L.
			 101-366 ).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.23 - Subjects of Research Projects

Current through Register 1525, July 5, 2024
A Protective Services Agency and its subcontractors and
				sub-grantees shall comply with the applicable provisions of the Department of
				Elder Affairs policies regarding Protection of Clients Who Are Participants in
				Research Projects (EOEA PI-96-33,
e.g
. Elder Rights Review
				Committee).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.24 - Affirmative Action

Current through Register 1525, July 5, 2024
A Protective Services Agency shall maintain and adhere to an
				Affirmative Action Plan consistent with the requirements applicable to the
				Executive Offices of the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.25 - Waivers

Current through Register 1525, July 5, 2024
(1)
Waiver-request by
			 Secretary
. The Secretary of the Department, or his or her
			 designee, may, in his or her discretion, waive one or more of the requirements
			 of
			 651 CMR 5.00, for good cause
			 shown, and if such a waiver would not violate any applicable federal or state
			 law or regulation. Such a waiver shall clearly identify that section of the
			 Protective Services Program regulations to be waived; the conditions that have
			 made such a waiver necessary; the steps that have been taken to insure that
			 future waivers will not be necessary; the consequences to the Protective
			 Services Program or Elders of not granting the waiver request.
(2)
Other Waivers
.
			 All other requests for waivers shall be made in writing to the Secretary by the
			 President of the Board of Directors or Chief Executive Officer of the
			 organization making such a request and shall set forth the information required
			 in the second sentence of 651 CMR 5.25(1).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program › Section 5.26 - Annual Report

Current through Register 1525, July 5, 2024
The Department shall report annually on its activities and the
				activities of designated agencies providing Protective Services to Elders under
				the Protective Services Program. Such report shall be submitted to the
				Governor, the General Court and the public no later than 120 days following the
				end of each fiscal year. The contents of such report shall include, but not be
				limited to:
(1) Statistical information
			 about the number and types of reports received during the prior fiscal
			 year;
(2) Aggregate information
			 indicating the results of the Investigations conducted by Protective Service
			 Agencies;
(3) Information on the
			 types and costs of services provided under the authority of
			 651 CMR 5.00 during the prior
			 fiscal year.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
651 CMR 9.00 are promulgated
				pursuant to M.G.L. c. 19A, §§ 3 and 307(A)(5) of the Older Americans
				Act of 1965, as amended, (42 U.S. Code 3001
et seq.
), and the
				implementing federal regulations
				45 CFR
				1321.51(a)(4)
et
				seq.,
to provide an opportunity for a hearing to any service provider
				funded under Title III whose application to provide services under an area plan
				is denied or whose subgrant or contract is terminated or not renewed, except as
				provided in 45 CFR part 74, Subpart M. The purposes of the hearing are to
				provide all parties a full and fair hearing to resolve any grievances that may
				have arisen in the administration of the Title III statutory programs referred
				to in the previous sentence and to create a complete, clear and accurate record
				for the formation of a decision.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
Appellant
means any Provider or
				Applicant requesting a hearing, or any other review, following a denial of its
				application to provide services, or whose subgrant is terminated or not
				renewed.
Applicant
means an individual or
				organization which makes application to an Area Agency to provide services to
				Elders under an Area Plan.
Area Agency on Aging
means the single
				agency designated by the State agency charged with the responsibility of
				developing and implementing an Area Plan for the provision of services to
				elderly persons in a Planning and Service Area under Title III.
Area Plan
means a plan submitted by an
				Area Agency on Aging and approved by the Department which enables the Area
				Agency to administer activities under Title III.
Days
means calendar days, unless
				specified otherwise.
Department
means the Massachusetts
				Department of Elder Affairs.
Elders
means residents of the
				Commonwealth who are 60 years of age or older.
Hearing Officer
means the official
				selected by the Secretary of Elder Affairs to conduct the hearing and to render
				a written decision.
Local Administrative Review
means the
				Area Agency's procedure for consultation and review with the Provider.
Party
means either an Area Agency or
				its designated representative or an Appellant or its designated representative
				or any other individual or organization that is admitted into the proceedings
				as a participant.
Provider
means an individual or
				organization which is awarded a subgrant or contract from an Area Agency on
				Aging to provide services to Elders under the Area Plan.
Secretary
means the Secretary of Elder
				Affairs of the Massachusetts Department of Elder Affairs.
State
means the Commonwealth of
				Massachusetts.
Title III
means Title III of the Older
				Americans Act of 1965, as amended, (
				42 U.S.C.
				3001
et seq.)
and all
				applicable regulations and directives implementing it.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.03 - Notice

Current through Register 1525, July 5, 2024
An Applicant or Provider shall receive written notice from the
				Area Agency that its application to provide service has been substantially
				denied or that its contract to provide services has been terminated or not
				renewed within ten days after the decision by the Area Agency. The notice shall
				be delivered or forwarded by registered or certified mail, and specify the
				reason or reasons for the adverse action as well as notification that the
				Applicant or Provider has ten days from the receipt of the notice to request a
				hearing by the Department.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.04 - Request for a Hearing

Current through Register 1525, July 5, 2024
A request for a hearing may be made by an Applicant or Provider
				who claims to be aggrieved by an action taken by an Area Agency affecting the
				Applicant or Provider which substantially denies an application for funding, or
				terminates or does not renew a grant or contract, except as provided in 45 CFR
				Part 74, Subpart M. The notice of appeal must be delivered or mailed,
				registered or certified mail, to the Hearing Officer within ten days of the
				written notification to the Applicant or Provider of the adverse action by the
				Area Agency on Aging, and a copy of the request must be simultaneously mailed
				by the Applicant or Provider to the Area Agency on Aging. Thereafter, each
				party must provide all other parties with copies of all submissions made to the
				Hearing Officer.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.05 - Local Administrative Review

Current through Register 1525, July 5, 2024
The Area Agency on Aging must conduct an Administrative Review
				promptly after receipt of a notice of appeal from an Appellant. This review
				must provide the Appellant an opportunity to state in writing or in person to
				the Area Agency the reason or reasons why an appeal was filed with the
				Department and the factual circumstances or issues which the hearing should
				consider.
The purpose of the Local Administrative Review is to provide
				all parties an opportunity to resolve disputes at the local level prior to a
				hearing at the Department. A good faith effort should be made to review the
				facts and issues and to achieve an amicable settlement.
Each Area Agency on Aging shall develop a fair and adequate
				administrative review procedure and notify the Department of the adopted
				procedures or any changes that may from time to time thereafter be made. The
				review procedures may be a formal or informal hearing, an arbitration or
				mediation, or a combination of elements of several such methods. When disputes
				between the Area Agency and the Appellant are resolved through Local
				Administrative Review, both the Area Agency and the Appellant must notify the
				Hearing Officer promptly and in writing by delivery or registered or certified
				mail so that the appeal may be removed from the list of scheduled
				hearings.
If the dispute is not resolved, the Department will conduct a
de novo
hearing: but the Hearing Officer may examine documents
				and papers considered at the Local Administrative Review, if this is believed
				to be useful to the hearing on appeal.
The Local Administrative Review should be completed promptly,
				and within 20 days after the Area Agency receives notice of the
				appeal.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.06 - Grounds for Appeal

Current through Register 1525, July 5, 2024
A request for an appeal may be based on any one or more of the
				following grounds:
(1) Denial by an
			 Area Agency in whole or in substantial part of an application for funding,
			 where there is reason to claim such denial is arbitrary, capricious, biased, or
			 not based upon substantial evidence.
(2) Any action on the part of the Area Agency
			 concerning non-renewal or termination of a grant or contract, where there is a
			 reason to claim such actions are arbitrary, capricious, biased or not based
			 upon substantial evidence.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.07 - Notice of Hearing and Time Schedule

Current through Register 1525, July 5, 2024
The Hearing Officer shall act upon the request for an appeal by
				scheduling a hearing promptly. Ordinarily a hearing will be scheduled no later
				than 25 days after receipt of a request for a hearing. The parties will be
				notified by mail of the time, date and location of such hearing must be
				completed, and the decision of the Hearing Officer forwarded to the Secretary,
				within 40 days of the date scheduled for the hearing. The period of any
				extensions of time allowed by the Hearing Officer shall be excluded from these
				time periods.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.08 - Extension of Time and Additional Information

Current through Register 1525, July 5, 2024
The Hearing Officer may extend a date for a hearing for good
				cause if it is requested in writing by the Appellant or the Area Agency. If the
				Hearing Officer deems it necessary, he may seek additional information to
				perfect the request for a hearing or to clarify the facts and issues relative
				to the dispute.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.09 - Emergency Scheduling

Current through Register 1525, July 5, 2024
For good cause, the Hearing Officer may order an accelerated
				hearing or may postpone a scheduled hearing date.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.10 - Disqualification

Current through Register 1525, July 5, 2024
A Hearing Officer shall not participate in the conduct of a
				hearing if he is prejudiced with respect to any party, or has a conflict of
				interest, financial or otherwise, in the matter pending. Personal or
				professional acquaintance is not a valid basis for disqualification. Any party
				may suggest to the Secretary the possibility of the existence of grounds for
				disqualification, provided it is made in writing and prior to the date set for
				the hearing. The decision of the Secretary as to the qualification or
				disqualification of the Hearing Officer shall be final.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.11 - Rights of the Parties at the Hearing

Current through Register 1525, July 5, 2024
The parties to a hearing shall have the right to a full and
				fair hearing. Accordingly, any party to the hearing shall be entitled to the
				following:
(1) to be represented by
			 legal counsel or other representative, at the party's own expense;
(2) to present witnesses and to cross examine
			 witnesses of the other party;
(3)
			 to present both oral and documentary evidence, subject to the rulings of the
			 Hearing Officer as to pertinence, relevance, or materiality.
(4) to submit a brief or memorandum setting
			 forth the position of the party and substantiation for it.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.12 - Evidence

Current through Register 1525, July 5, 2024
In order to provide a full and fair hearing, the Hearing
				Officer shall permit the parties to present testimony and documents in support
				of their positions. The Hearing Officer shall rule as to the admissibility of
				evidence so as to ensure that the evidence is pertinent, relevant and material
				to the proceedings, and his rulings on evidence will be final and binding. When
				ruling upon the admissibility of evidence, the Hearing Officer will not be
				bound by the usual rules of evidence used in court proceedings, and substance
				rather than form will prevail. The Hearing Officer may exclude repetitious or
				cumulative testimony. The Hearing Officer on his own motion or upon the request
				of a party may take judicial notice of decisions of courts or other tribunals,
				and official notice of generally accepted scientific and technical matters that
				are capable of recognition by a court of law. The Hearing Officer, in his
				discretion, may exclude any prospective witness or spectator from the hearing
				room if it is deemed their presence may influence the testimony of others. The
				Hearing Officer, in his discretion, may admit depositions or affidavits, or
				portions thereof.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.13 - Transcript of the Proceedings

Current through Register 1525, July 5, 2024
Proceedings will be taped or otherwise transcribed, and a
				transcript will be made available to either party upon written request for a
				fee in such sum as may be necessary to defray cost of preparation of a
				transcript, by determination from time to time of the Department of Elder
				Affairs.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.14 - Default

Current through Register 1525, July 5, 2024
In the event a Party shall fail to appear at a hearing, the
				Hearing Officer shall notify said Party in writing that a default will be
				entered against such Party. The defaulting Party shall then have five days in
				which to seek a new hearing date. A new hearing date shall be granted only for
				the good cause shown. If the Hearing Officer determines a good cause has not
				been shown, or if the five days expires without response, a default shall be
				entered as to the defaulting party, and a decision may be rendered based upon
				the evidence available, or the case may be dismissed.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.15 - Withdrawal

Current through Register 1525, July 5, 2024
An appellant may file a written request to withdraw a claim of
				appeal at any time and shall not thereafter be permitted to resubmit a claim
				based upon the same facts.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.16 - Conduct of the Hearing

Current through Register 1525, July 5, 2024
The Hearing Officer will preside at the hearing and will decide
				any preliminary motions and the order of presentation of evidence. The initial
				burden of proof to establish a case will be on the Appellant. The parties, or
				their representatives, shall indicate in advance the number and where possible
				the names of witnesses to be called and the likely time estimated to be needed
				in order to have a final determination of all issues in dispute. The Hearing
				Officer has exclusive authority and complete responsibility for the conduct of
				the hearing as well as any pre-hearing proceedings. The Secretary of Elder
				Affairs has sole authority to make the final administrative
				decision.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.17 - Decision and Action by the Secretary

Current through Register 1525, July 5, 2024
The decision of the Hearing Officer will be in writing and
				forwarded to the Secretary with copies to be mailed to the Appellant and the
				Area Agency. Within 21 days of the decision, the Secretary will approve it,
				disapprove it, or approve it with modifications or additions. Either party may
				submit a written statement to the Secretary concerning the Hearing Officer's
				decision within seven days of receiving it but neither party shall be entitled
				to a further hearing before the Secretary.
The decision of the Secretary shall be the final administrative
				review. The decision will be binding upon all parties to the hearing, unless
				one or more of the parties commences an action to obtain judicial review within
				30 days after the date of the decision. The Secretary in making his decision,
				is bound by the statutory provisions referred to in
				651 CMR 9.01
				and the regulations from time to time promulgated pursuant
				thereto.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.18 - Inapplicability

Current through Register 1525, July 5, 2024
The terms of these rules and any hearings hereunder are subject
				to the applicable exceptions set forth in
				45 CFR
				1321.51(a)(4).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 9.00 - Adjudicatory Rules Of Practice And Procedures In Claims Relating To Contracts And Grants Funded By Title III › Section 9.19 - Graphic Time Frame

Current through Register 1525, July 5, 2024
GRAPHIC TIME FRAME
TITLE III PROVIDER APPEALS
APPLICANT NOTIFIED OF ADVERSE ACTION
DAY 1
APPLICANT REQUESTS LOCAL HEARING WITH COPY TO STATE
							 AGENCY
DAY 10
LOCAL ADMINISTRATIVE REVIEW
DAY 20
APPLICANT AND STATE AGENCY NOTIFIED OF LOCAL REVIEW
							 DECISION
DAY 30
APPLICANT REQUESTS STATE AGENCY
							 HEARING
DAY 35
NOTICE OF DATE, TIME, AND PLACE OF
							 HEARING
DAY 45
STATE AGENCY HEARING
DAY 60
DECISION RENDERED BY HEARING OFFICER FORWARDED TO ALL
							 PARTIES
DAY 100
SECRETARY'S REVIEW AND FINAL DECISION
DAY 121
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
651 CMR 11.00 is promulgated
				pursuant to M.G.L. c. 19A, § 3, and
				42
				U.S.C. 3027(a)(5) and its
				implementing regulations to provide an opportunity for a public hearing to
				applicants for designation as Area Agencies on Aging (AAA) denied after a
				proposal process, applicants denied as geographic areas to be served by AAA's
				under
				42 U.S.C.
				3025(a) after a proposal
				process, designated AAA's when EOEA disapproves an Area Plan or terminates Area
				Agency on Aging (AAA) status as defined in
				42
				U.S.C. 3026, or affected parties if EOEA
				designates an additional planning and service area(s), divides the state into
				different planning and service areas, or otherwise affects the boundaries of
				the planning and service areas in the state as set forth in
				42 U.S.C.
				3025(b).
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
Appellant
means an organization or
				agency set forth in 651 CMR 11.02 which requests a public hearing following an
				adverse ruling by EOEA concerning its AAA/Area Plan, AAA designation status, or
				AAA planning and service area status.
Area Agency on Aging
(AAA) means a
				single agency designated by EOEA and charged with the responsibility of
				developing and implementing an Area Plan for the provision of services to
				elderly persons in a Planning and Service Area under OAA Title III.
Area Plan
means a plan submitted by an
				AAA and approved by EOEA which enables the AAA to administer activities under
				Title III.
Assistant Secretary on Aging
means the
				Assistant Secretary of the Administration on Aging of the federal Department of
				Health and Human Services.
Days
means calendar days, unless
				otherwise specified otherwise.
Elders
means residents of the
				Commonwealth who are 60 years of age or older.
EOEA
means the Executive Office of
				Elder Affairs of the Commonwealth of Massachusetts.
Planning and Service Area
means an
				area designated by EOEA (as SUA) under § 305(a)(1)(E) or §
				305(b)(5)(A) of the Older Americans Act, as amended, (
				42 U.S.C.
				3025(a)(1)(E) ) or
				3025(b)(5)(A)) in which an AAA carries out an Area Plan.
Secretary
means the Secretary of the
				Executive Office of Elder Affairs of the Commonwealth.
SUA
means the State Unit on Aging,
				which for Massachusetts is the Executive Office of Elder Affairs.
Title III
means Title III of the Older
				Americans Act, as amended (
				42 U.S.C.
				3001
et seq.
) and all
				regulations and directives implementing it.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.03 - Notice of Action

Current through Register 1525, July 5, 2024
(1) No fewer than
			 60 days prior to the proposed date of implementation, EOEA shall forward a
			 written notice of action to the affected AAA(s) by registered or certified
			 mail, specifying the reasons for the proposed action to be taken in the
			 following situations:
(a) revocation of the
			 designation of the AAA under
			 42 U.S.C.
			 3025(a);
(b) denial of a request for designation as
			 AAA after a designation proposal process;
(c) designation of an additional planning and
			 service area in a state;
(d)
			 division of the state into different planning and service areas; or
(e) action which otherwise affects the
			 boundaries of the planning and service areas in the state.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.04 - Public Hearing

Current through Register 1525, July 5, 2024
(1) No fewer than
			 30 days prior to implementing the actions proposed in
			 651 CMR
			 11.03(1), EOEA shall hold a
			 public hearing on the proposed action in order to receive comments on the
			 proposed action. EOEA shall provide adequate prior notice of the public hearing
			 and the specifics of the proposed action to the AAA, affected service providers
			 and older individuals in the planning and service area.
(2) If an AAA wishes to seek a public hearing
			 on the proposed action to disapprove the AAA Plan under
			 651 CMR
			 11.03(2), such agency or
			 organization shall file a written request for a public hearing to the Legal
			 Unit of the Executive of Elder Affairs, One Ashburton Place, 5th Floor, Boston
			 MA 02108 by hand delivery or registered or certified mail within ten calendar
			 days following receipt of the notice of action. Such request shall stay the
			 implementation of the Area Plan or Area Plan amendment disapproval until after
			 the Secretary's decision.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.05 - Public Hearing Administrative Procedures

Current through Register 1525, July 5, 2024
The Secretary or his/her designee shall preside over the
				hearings under either
				651 CMR 11.03(1) or
				(2), shall state and explain the action to be
				taken and receive comments on same from interested parties. EOEA shall keep an
				audio or written record of the public hearing.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.06 - Secretary's Decision

Current through Register 1525, July 5, 2024
Within 14 calendar days after the hearing, the Secretary shall
				render a decision on the matter subject to public hearing and shall communicate
				such decision to the parties in writing.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.07 - Appeals of the Secretary's Decision

Current through Register 1525, July 5, 2024
(1) A
			 decision of the Secretary after hearing, under
			 651 CMR 11.03(1)
			  only shall be appealable to the federal
			 Assistant Secretary on Aging under
			 42 U.S.C.
			 3025(a)(5)(C)(ii)(V) by
			 filing such request for appeal with the reasons stated with the General Counsel
			 of EOEA within ten days following receipt by the appellant of such Secretary's
			 decision. The General Counsel of EOEA shall file such appeal with the Assistant
			 Secretary in accordance with any applicable federal rules.
(2) An adversely affected party involved in
			 an action or proceeding described in 651 CMR 11.07 may bring an appeal on the
			 basis of the facts and merits of the matter or on procedural grounds.
(3) A filing of an appeal of the Secretary's
			 decision shall stay the proposed actions by EOEA under 615 CMR 11.03(1) as set
			 forth in the Secretary's decision until receipt by both parties of the
			 Assistant Secretary on Aging's decision.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 11.00 - Area Agencies On Aging Status Appeals › Section 11.08 - Assistant Secretary on Aging's Decision

Current through Register 1525, July 5, 2024
The Legal Unit of EOEA shall forward the Assistant Secretary on
				Aging's decision to the Appellant and the Secretary as soon as possible after
				it is received. The Secretary shall implement this decision as directed and
				within his or her authority.
Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 12.00 - Certification Procedures and Standards for Assisted Living Residences › Section 12.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
651 CMR 12.00 sets forth the
				requirements for Certification, renewal of Certification and suitability for
				Applicants and Sponsors of Assisted Living Residences. The purpose of
				651 CMR 12.00 is to: promote
				the availability of services for elderly or disabled persons in a residential
				environment; to promote dignity, individuality, and privacy to support and
				preserve decision-making ability of such persons and to promote their health,
				safety, and welfare; to promote the ability of Assisted Living Residents to age
				in place; and to promote continued improvement of Assisted Living
				Residences.
Although the provisions of St. 1994, c. 354, and
				651 CMR 12.00 do not apply to
				the following entities and premises for the original facilities and services
				for which said entities and premises were originally licensed or organized to
				provide, if any such entity seeks to have all or part of its premises
				advertised, operated or maintained as an Assisted Living Residence it must
				apply to become Certified in accordance with
				651 CMR
				12.03:
(a) Convalescent homes, nursing homes, rest
			 homes, charitable homes for the aged or intermediate care facilities for
			 persons with developmental disabilities licensed pursuant to M.G.L. c. 111,
			 § 71;
(b) Hospices licensed
			 pursuant to the provisions of M.G.L. c. 111, § 57D;
(c) Facilities providing continuing care to
			 residents as defined by M.G.L. c. 93, § 76;
(d) Congregate housing authorized by M.G.L.
			 c. 121B, § 39;
(e) Group homes
			 operating under contract with the Department of Mental Health or the Department
			 of Developmental Services;
(f)
			 Housing operated for only those duly ordained priests, or for the members of
			 the religious orders of the Roman Catholic Church in their own locations,
			 buildings, Assisted Living Residence or headquarters to provide care, shelter,
			 treatment and medical assistance for any of the said duly ordained priests or
			 members of the said religious orders. The provisions of St. 1994, c. 354 are
			 not applicable to elderly housing as defined by
			 651 CMR
			 12.02.