reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.09 - Appeal Process

Current through Register 1525, July 5, 2024
(1)
Right to Appeal to DALA
. If the individual or their
			 parent or guardian disputes the determination of the IRT, in whole or in part,
			 such person may file an appeal with DALA, which conducts an adjudicatory
			 proceeding in accordance with
			 801
			 CMR 1.01:
Formal Rules
and
			 orders any necessary relief consistent with state or federal law.
(2)
Timeliness of
			 Appeal
. Any appeal to DALA must be filed within 30 days of receipt
			 of the IRT's written report, as applicable.
(3)
Grounds for
			 Appeal
. The permissible grounds for an appeal to DALA under
			 101 CMR
			 27.00 are
(a) a
			 dispute about the IRT's determinations issued under
			 101
			 CMR 27.07(4)(a), subject to
			 the limitations in
			 101
			 CMR 27.07(3); or
(b) a dispute about the co-chairs'
			 determinations issued under
			 101
			 CMR 27.07(5), if the IRT is
			 unable to reach consensus and the co-chairs issue a determination for the IRT
			 review, subject to the limitations in
			 101
			 CMR 27.07(3).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.10 - Implementation of Services

Current through Register 1525, July 5, 2024
The state agencies represented on the IRT must work to
				implement in a reasonable amount of time any authorized decision by the IRT
				with respect to services or coordination.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.11 - Confidentiality

Current through Register 1525, July 5, 2024
(1)
Access to Confidential
			 Information
. Notwithstanding M.G.L. chs. 66A, 112, and 119 or any
			 other law related to the confidentiality of personal data, the IRT members
			 assigned to a particular case, the secretary of EOHHS, the commissioner of
			 DESE, and DALA will have access to and may discuss materials related to an
			 individual's complex case with one another and with other individuals directly
			 addressing matters related to the individual's case while the case is under
			 review after
(a) the legal custodian, or, if
			 authorized by law, the individual has consented in writing; and
(b) those with access agree in writing to
			 keep the materials confidential.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 27.00 - Interagency Review of Complex Cases › Section 27.12 - Annual Report

Current through Register 1525, July 5, 2024
The secretary of EOHHS will publish an annual report no later
				than October 1st summarizing the cases reviewed by
				the IRT in the prior year. Such report will include the length of time spent at
				each stage and the final resolution. The report will not include any personally
				identifiable information of an individual. The secretary of EOHHS will provide
				the report to the OCA and the clerks of the senate and the house of
				representatives.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.01 - Applicability and Effective Date

Current through Register 1525, July 5, 2024
(1)
Scope
. 101 CMR 28.00 applies to individuals applying
			 for certification as a qualified employee with a disability for the purposes of
			 the Disability Employment Tax Credit and Massachusetts employers seeking to
			 receive the Disability Employment Tax Credit.
(2)
Effective Date
.
			 101 CMR 28.00 is effective as of July 8, 2022.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.02 - Purpose

Current through Register 1525, July 5, 2024
101 CMR 28.00 establishes the procedures and requirements to
				implement the Disability Employment Tax Credit established in M.G.L. c. 62,
				§ 6(z) and c. 63, § 38JJ. 101 CMR 28.00 defines the application
				process conducted by the Massachusetts Rehabilitation Commission (MRC) to
				certify individuals as qualified employees with disabilities for the purpose of
				the DETC, and the eligibility requirements for employers claiming the
				DETC.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.03 - Definitions

Current through Register 1525, July 5, 2024
As used in 101 CMR 28.00, unless the context requires
				otherwise, terms have the meanings in 101 CMR 28.03.
Competitive Employment Setting
. A job
				opportunity or position in which the employee is compensated at the customary
				rate paid by the employer for the same or similar work performed by other
				employees who are not individuals with disabilities.
DETC
. The Disability Employment Tax
				Credit as set forth in M.G.L. c. 62, § 6(z) and c. 63, § 38JJ.
DETC Certification
. The written
				certification issued by MRC certifying that an applicant is a qualified
				employee with a disability.
Employer
. An individual or
				organization that employs people and pays them for their work.
EOHHS
. The Executive Office of Health
				and Human Services established under M.G.L. c. 6A.
Qualified Employee with a Disability or Qualified
				Employee
. An individual, hired after July 1, 2021, who is eligible
				for purposes of the Disability Employment Tax Credit by having met the
				following requirements.
(1) An individual with a physical or mental impairment that
				substantially limits one or more major life activities, has a record of such an
				impairment, or is regarded as having such an impairment, as defined by the
				Americans with Disabilities Act,
				42 U.S.C.
				12102(ADA).
(2) The individual is capable of working independently. An
				individual will be determined capable of working independently when they are
				employed in a competitive employment setting.
(3) The individual is physically or mentally impaired in a
				manner that constitutes or results in a substantial impediment to
				employment.
Primary Place of Employment in
				Massachusetts
. The employee is primarily located in Massachusetts
				when working for the employer.
Primary Place of Residence in
				Massachusetts
. The person is living in Massachusetts, with the
				intention of making their home in Massachusetts, with no plans to return to a
				former home in another state. A fixed or permanent address in Massachusetts is
				not required so long as the person is living and intends to live in
				Massachusetts.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.04 - DETC General Requirements

Current through Register 1525, July 5, 2024
(1) For tax years
			 beginning on or after January 1, 2023, an employer may claim the DETC where:
(a) the employer hires a qualified employee
			 with a disability after July 1, 2021, for a position in a competitive
			 employment setting;
(b) the
			 employer timely receives a copy of the qualified employee's DETC certification
			 consistent with the requirements in 101 CMR 28.06(1);
(c) the qualified employee is employed for at
			 least 12 consecutive months prior to and in the taxable year in which the
			 credit is claimed. For example, if the qualified employee is employed on July
			 1, 2022, through June 30, 2023, the employer is entitled to claim the credit
			 for wages paid in 2023 because the employee has been employed for 12
			 consecutive months both prior to and in the taxable year in which the credit is
			 claimed;
(d) the qualified
			 employee's primary place of employment and primary place of residence were in
			 Massachusetts during the 12 consecutive months supporting eligibility for the
			 DETC; and
(e) the employer meets
			 the additional employer eligibility requirements set forth in 101 CMR
			 28.00.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.05 - Application Process to Be Certified by MRC as a Qualified Employee with a Disability

Current through Register 1525, July 5, 2024
(1) An applicant
			 seeking certification as a qualified employee with a disability for the DETC
			 must submit an application in the format specified by MRC, which must include
			 the following:
(a) proof the applicant meets
			 the requirements to be a qualified employee with a disability;
1. MRC will deem an applicant a qualified
			 employee with a disability if the applicant is receiving benefits or was
			 determined eligible for one of the following government programs based upon the
			 applicant's disability:
a. Vocational
			 Rehabilitation Services, provided by MRC or the Massachusetts Commission for
			 the Blind;
b. 504 Plan under
			 Section 504 of the Rehabilitation Act of 1973,
			 29 U.S.C. §
												701
et. seq.,
with
			 additional documentation showing substantial impairment to
			 employment;
c. Individualized
			 Education Plan under the Individuals with Disabilities in Education Act of
			 1990,
			 20 U.S.C. §
												1400
et. seq.,
with
			 additional documentation showing substantial impairment to
			 employment;
d. Comprehensive
			 coverage under MassHealth as a disabled adult as defined under
			 130 CMR 501.000:
Health Care Reform: MassHealth: General Policies;
e. Emergency Aid to the Elderly, Disabled and
			 Children (EAEDC) benefits, under
			 106 CMR
			 703.190:
TAFDC Disability Exemption
			 Process;
f. Veteran
			 Readiness and Employment program, provided by the Veterans'
			 Administration;
g. Supplemental
			 Security Income (SSI) or Social Security Disability Income (SSDI); or
h. Such other government programs as EOHHS
			 may identify that establish disability sufficient to allow MRC to deem an
			 applicant a qualified employee with a disability under the DETC. EOHHS will
			 issue guidance in accordance with 101 CMR 28.08 as appropriate; or
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.06 - Eligibility Requirements

Current through Register 1525, July 5, 2024
(1)
Receipt of DETC Certification
.
(a)
General
			 Guidelines
. A copy of the DETC certification for the qualified
			 employee must be received by the employer no later than the day the qualified
			 employee begins work, unless an exception in 101 CMR 28.06(1)(b)
			 applies.
(b)
Exceptions
. An employer who receives the DETC
			 certification after the employee begins work remains eligible for the DETC in
			 the following circumstances.
1. MRC issued a
			 DETC certification prior to the employment start date.
2. The employee submitted an application to
			 MRC prior to the employment start date, and MRC certifies the employee as a
			 qualified employee with a disability based upon the application (even if the
			 determination is made after the employment start date).
3. The employer hired the employee after July
			 1, 2021, and the application for DETC certification is submitted to MRC within
			 90 days of the effective date of 101 CMR 28.00.
4. Upon a showing of good cause, the employee
			 provided the application for certification within 90 days from the date the
			 employee begins work.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.07 - Verification of Primary Place of Residence for the DETC Credit

Current through Register 1525, July 5, 2024
(1) The primary place of residence of the
			 qualified employee may be verified by MRC or the employer with any of the
			 following documents:
(a) copy of a deed or
			 mortgage payment;
(b) utility bill
			 or work order;
(c) copy of lease,
			 letter from landlord specifying the rental arrangement, or rental assistance
			 agreement (
i.e.
, Section 8 agreement);
(d) homeowner's insurance
			 agreement;
(e) postal service
			 records;
(f) statement from
			 homeless shelter or homeless service providers;
(g) school records (if school is private,
			 additional documentation may be requested);
(h) nursery school or daycare records (if
			 school is private, additional documentation may be requested);
(i) proof of enrollment of custodial
			 dependent in public school;
(j)
			 voter registration records;
(k)
			 motor vehicle license or registration;
(l) other government-issued identification
			 card reflecting current address, a photograph, or information such as name,
			 date of birth, height, eye color, or other identifying information;
			 or
(m) a written statement, signed
			 by the employee, declaring where the employee lives or intends to live within
			 Massachusetts. A written statement may only be used if the employee has no
			 fixed address and is unable to provide proof of residence through other
			 documentation listed in 101 CMR 28.07(1).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.08 - Review of MRC Agency Decision

Current through Register 1525, July 5, 2024
(1) An applicant
			 seeking certification as a qualified employee with a disability may appeal the
			 following agency decisions:
(a) certification
			 under 101 CMR 28.05; and
(b)
			 timeliness of the DETC certification application under 101 CMR
			 28.06(2).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.09 - Implementation and Clarification

Current through Register 1525, July 5, 2024
(1)
Policies and Procedures
. EOHHS may, in consultation
			 with MRC and the Massachusetts Department of Revenue (DOR), establish policies
			 and procedures to implement the DETC.
(2)
Administrative
			 Bulletins
. EOHHS may issue administrative bulletins to clarify
			 substantive provisions of 101 CMR 28.00.
(3)
Implementation
			 Guidance
. EOHHS may develop policies, guidance, or memoranda to
			 implement 101 CMR 28.00, including identification of government programs that
			 establish disability sufficient to deem an individual a qualified employee with
			 a disability under the DETC.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.10 - Interagency Agreement

Current through Register 1525, July 5, 2024
The Secretary of EOHHS, in consultation with MRC, may establish
				interagency agreements among EOHHS, MRC, and the DOR in order to verify
				certifications of qualified employees as necessary to ensure employer
				compliance with DETC requirements.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 28.00 - Disability Employment Tax Credit › Section 28.11 - Severability

Current through Register 1525, July 5, 2024
The provisions of 101 CMR 28.00 are severable. If any
				provisions of 101 CMR 28.00 or the applications of such provisions to any
				person or circumstance are held invalid or unconstitutional, the other
				provisions of 101 CMR 28.00, or the application of such provisions to any
				person or circumstance other than that as to which it is held invalid or
				unconstitutional, will not be affected thereby.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
101 CMR 30.00 sets forth the requirements to establish an
				independent statewide long-term care ombudsman program within the Executive
				Office of Health and Human Services pursuant to M.G.L. c. 6A, § 16CC. 101
				CMR 30.00 includes the requirements for the Ombudsman Program to receive and
				investigate complaints from residents of long-term care facilities and assisted
				living residences, or their resident representative, regarding the health,
				safety, welfare, or quality of life of the residents, and to resolve those
				complaints through negotiation and mediation or by referral to an appropriate
				agency or organization. 101 CMR 30.00 also establishes criteria and procedures
				to designate local ombudsman programs and to certify ombudsman representatives
				to carry out the duties of the Ombudsman Program.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.03 - Establishment of the Statewide Long-term Care Ombudsman Program

Current through Register 1525, July 5, 2024
(1) The Secretary of EOHHS will, subject to
			 appropriation or the receipt of federal funds, establish either directly or by
			 contract, an independent statewide long-term care ombudsman program and appoint
			 a State Ombudsman.
(2) EOHHS will
			 ensure the State Ombudsman serves on a full-time basis, and that the functions,
			 responsibilities, and duties set forth in 101 CMR 30.05 comprise the entirety
			 of the State Ombudsman's work.
(3)
			 EOHHS will further ensure the State Ombudsman meets minimum qualifications,
			 which will include, but not be limited to, demonstrated expertise in:
(a) long-term services and supports or other
			 direct services for older persons or individuals with disabilities;
(b) consumer-oriented public policy
			 advocacy;
(c) leadership and
			 program management skills; and
(d)
			 negotiation and problem resolution skills.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.05 - Functions and Responsibilities of the State Long-term Care Ombudsman

Current through Register 1525, July 5, 2024
(1) The State Ombudsman is responsible for
			 leading and managing the Statewide Long-term Care Ombudsman Program as follows.
(a)
Functions
. The
			 State Ombudsman will, directly or through ombudsman representatives:
1. identify, investigate, and resolve
			 complaints that
a. are made by, or on behalf
			 of, residents; and
b. relate to
			 action, inaction, or decisions by facilities or their staff, public agencies,
			 or health and social service agencies that may adversely affect the health,
			 safety, welfare, or rights of residents;
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.06 - Functions and Responsibilities of Host Agencies for Local Ombudsman Programs

Current through Register 1525, July 5, 2024
The responsibilities of a host agency will include, but not be
				limited to, the following:
(1) recruit
			 and retain sufficient staff to serve as ombudsman representatives within an
			 assigned geographic area;
(2)
			 coordinate with the State Ombudsman Program regarding certification
			 requirements for qualification as an ombudsman representative;
(3) provide personnel management, but not the
			 programmatic oversight, of ombudsman representatives associated with the local
			 ombudsman program, including employee and volunteer representatives;
(4) ensure personnel policies and practices
			 do not prohibit ombudsman representatives from performing the duties of, or
			 from adhering to, the access, confidentiality, and disclosure requirements of
			 the Ombudsman Program;
(5) ensure
			 ombudsman representatives have the capacity to receive, investigate, and
			 resolve complaints;
(6) retain
			 complete records for the local ombudsman program;
(7) comply with confidentiality requirements
			 set forth in 101 CMR 30.15, M.G.L. c. 6, § 16CC, and
			 42 U.S.C.
			 3001
et seq
.;
(8) publicize the existence and function of
			 the local ombudsman program and the Statewide Long-term Care Ombudsman
			 Program;
(9) ensure an ombudsman
			 representative has appropriate Ombudsman Program identification;
(10) establish financial and administrative
			 systems and procedures that comply with the provisions contained in 45 CFR 74
			 (Administration of Grants) Sub-part H (Standards for Grantee and Sub-grantee
			 Financial Management Systems), as well as requirements developed by EOHHS, the
			 State Ombudsman, and the federal government; and
(11) comply with regulations and policies
			 developed by the State Ombudsman and carry out all other activities consistent
			 with the requirements of M.G.L. c. 6A, § 16CC and
			 42 U.S.C.
			 3001
et seq
.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.07 - Designation of Local Ombudsman Programs

Current through Register 1525, July 5, 2024
(1)
			 The State Ombudsman designates host agencies to house a local ombudsman program
			 for a geographic area. Host agency designation occurs on an annual cycle
			 determined by the State Ombudsman, for a period not to exceed one year.
			 Designation may be renewed at the discretion of the State Ombudsman. Only AAAs,
			 public agencies, or nonprofit organizations may be designated to host local
			 ombudsman programs.
(2) To be
			 designated as a host agency for a local ombudsman program, the host agency must
			 have the ability and capacity to carry out the functions of a local ombudsman
			 program as set forth in 101 CMR 30.06, 101 CMR 30.07, and
			 45 CFR
			 1324.19. The State Ombudsman may not
			 designate as a host agency:
(a) an agency or
			 organization responsible for licensing or certifying facilities;
(b) associations of facilities or their
			 affiliates or agents; or
(c) any
			 other entity for which such designation would create a conflict of interest as
			 a local ombudsman program.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.08 - Refusal, Suspension, or Removal of Local Ombudsman Program Designation

Current through Register 1525, July 5, 2024
(1) The State Ombudsman may refuse to
			 designate a host agency during the application process, or suspend or remove
			 designation of a host agency, if the State Ombudsman determines the local
			 ombudsman program does not meet the standards set forth in 101 CMR 30.06 or 101
			 CMR 30.07, or is not in compliance with the designation agreement or other
			 federal or state laws or requirements to operate as a local ombudsman program.
(a) To effectuate the de-designation
			 determination, the State Ombudsman will send written notice by first class mail
			 of such determination to the host agency, with copy to the appropriate AAA,
			 containing the information required in 101 CMR 30.08(3).
(b) The effective date of the de-designation
			 determination must be at least 15 calendar days after the issue date of written
			 notice, except in emergency situations as set forth in 101 CMR
			 30.08(2).
(c) The de-designated
			 host agency will have the opportunity to request that the State Ombudsman
			 reconsider the determination.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.09 - Certification of Local Ombudsman Program Directors and Ombudsman Representatives

Current through Register 1525, July 5, 2024
(1)
Local Ombudsman Program
			 Directors
.
(a) No person will
			 serve as the director of a local ombudsman program, by employment or
			 association, until they are certified, or temporarily certified as a trainee,
			 by the State Ombudsman. The State Ombudsman may refuse, suspend, or remove such
			 certification of a local ombudsman program director.
(b)
Certification
			 Requirements
. To be certified by the State Ombudsman, a local
			 ombudsman program director must, at a minimum:
1. meet the qualifications of a local
			 ombudsman program director established by the State Ombudsman;
2. satisfactorily complete an ombudsman basic
			 training program conducted by the State Ombudsman as set forth in 101 CMR
			 30.10;
3. attend on a regular basis
			 the State Ombudsman-sponsored director training or meeting sessions;
4. comply with all laws, regulations,
			 policies, and procedures governing the Ombudsman Program; and
5. provide assurances and, if requested,
			 documentation that they have no conflict of interest with the Ombudsman
			 Program.
(c)
De-certification
. After receiving certification to
			 serve as a director, the local ombudsman program director will remain certified
			 until:
1. the State Ombudsman de-designates
			 the local ombudsman program where the individual serves as director;
2. the local ombudsman program director is no
			 longer employed as director or associated with a local ombudsman program;
			 or
3. the local ombudsman program
			 director receives a written notice of suspension or removal of certification
			 from the State Ombudsman citing a material failure to comply with one or more
			 of the certification requirements stated in 101 CMR 30.09(1), or fails to
			 perform all required duties of the director of the local ombudsman
			 program.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.10 - Training Requirements for Ombudsmen Representatives

Current through Register 1525, July 5, 2024
(1)
Basic Training for Ombudsman
			 Representatives
. The State Ombudsman will develop and conduct a
			 training program to instruct ombudsman representatives, including local
			 ombudsman program directors, in their duties and responsibilities as ombudsman
			 representatives.
(2)
Examination for Certification
. The State Ombudsman
			 will develop and conduct a standardized written examination to measure an
			 applicant's satisfactory completion of the ombudsman training program and their
			 skills and knowledge necessary for certification as an ombudsman
			 representative.
(3)
Ongoing Training for Ombudsman Representatives
. Local
			 ombudsman program directors will conduct follow-up trainings for local
			 ombudsman representatives as prescribed by the State Ombudsman.
(4)
Ongoing Training for Local
			 Ombudsman Program Directors
. Local ombudsman program directors
			 will attend the local ombudsman program director trainings scheduled by the
			 State Ombudsman. Attendance at such trainings will be considered by the State
			 Ombudsman in the re-designation of that local ombudsman program and the
			 re-certification of the local ombudsman program director.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.11 - Access to Facilities and Related Records

Current through Register 1525, July 5, 2024
(1)
Right of Entry
.
			 The State Ombudsman or their designee will have the right of entry into any
			 facility located in Massachusetts as necessary to carry out the duties of the
			 Ombudsman Program. An ombudsman representative will have the right of entry
			 into any facility within the geographic area assigned to a local ombudsman
			 program with which the representative is associated as necessary to carry out
			 the duties of the local ombudsman program. The right of entry includes the
			 forms of access set forth below.
(2)
Access to a
			 Resident
. The State Ombudsman and an ombudsman representative will
			 have access to a consenting resident of a facility, in private, when the State
			 Ombudsman or ombudsman representative determines it is necessary and reasonable
			 for the purpose of:
(a) investigating and
			 resolving complaints;
(b)
			 interviewing residents; or
(c)
			 offering the services of the Ombudsman Program to a resident.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.13 - Interagency Agreement

Current through Register 1525, July 5, 2024
The Secretary of EOHHS will establish an interagency agreement
				among EOHHS and the Office of the Attorney General to provide for a cooperative
				effort in meeting the needs of the facility residents. This agreement will set
				forth procedures by which the State Ombudsman may report their findings or
				conclusions where an act, practice, or omission by a facility may constitute a
				violation of an applicable federal or state law or regulation to the regulatory
				agency or agencies having jurisdiction to enforce M.G.L. c. 6A, § 16CC or
				101 CMR 30.01
et seq
., or to the Office of the Attorney
				General. It will also set forth procedures for the coordination among the
				above-mentioned agencies during the pendency of a further investigatory or
				enforcement action.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.14 - Resident Council, Family Councils, and Community Advocacy Groups

Current through Register 1525, July 5, 2024
As requested by resident groups, family groups, and community
				advocacy organizations, the State Ombudsman and ombudsman representatives will
				promote, and provide technical and general support, to protect the wellbeing
				and rights of residents.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.15 - Ombudsman Program Information, Disclosure, and Confidentiality Requirements

Current through Register 1525, July 5, 2024
(1)
Ombudsman Program
			 Information
. The State Ombudsman will be the custodian and manage
			 the files, records, and other information of the Ombudsman Program (the
			 "records"). Ombudsman Program records include records and files containing
			 personal data concerning complaints held by State Ombudsman Program or local
			 ombudsman programs.
(a) All requests for the
			 disclosure of Ombudsman Program records, including personal data, other than
			 that ordered by a court or authorized by statute or regulation, will be
			 approved by the State Ombudsman or their designee, pursuant to 101 CMR 30.16(2)
			 through (4).
(b) The State
			 Ombudsman will have the sole authority to make or delegate determinations
			 concerning the disclosure of the files, records, and other information
			 maintained by the Ombudsman Program, subject to the prohibitions on release of
			 certain information as set forth in 101 CMR 30.16(2).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.16 - Conflict of Interest

Current through Register 1525, July 5, 2024
(1)
Organizational Conflict of Interest
. An organizational
			 conflict of interest includes, but is not limited to, any requirement by EOHHS
			 or a host agency that the State Ombudsman or ombudsman representatives perform
			 an act which conflicts with or appears to conflict with the objectives or
			 responsibilities of the Ombudsman Program, or as otherwise specified in 42
			 C.F.R. 1324.21(a).
(2)
Individual Conflict of Interest
. An individual
			 conflict of interest includes, but is not limited to, situations where the
			 State Ombudsman, ombudsman representative, or their respective immediate
			 family, holds an interest which conflicts with or appears to conflict with the
			 objectives or responsibilities of the Ombudsman Program. An individual conflict
			 of interest includes, but is not limited to, a personal financial interest,
			 activity, or relationship that could impair the State Ombudsman or ombudsman
			 representative from acting impartially and in the best interest of a resident,
			 or as otherwise set forth in 42 C.F.R. 1324.21(c).
(3) The State Ombudsman and EOHHS will
			 implement policies and procedures to identify and remove or remedy conflicts of
			 interest as provided in 42 C.F.R. 1324.11(e)(4) and 1324.21. Such policies will
			 consider both organizational and individual conflicts of interest that may
			 impact the effectiveness and credibility of the work of the Ombudsman Program.
			 Policies and procedures addressing actual or potential conflicts of interest
			 will:
(a) require that no individual, or
			 member of the immediate family of an individual, involved in the employment or
			 appointment of the State Ombudsman is subject to a conflict of
			 interest;
(b) require agencies
			 hosting local ombudsman programs to have policies in place prohibiting the
			 employment or appointment of a local ombudsman representative with a conflict
			 of interest that cannot be adequately removed or remedied;
(c) require the State Ombudsman to take
			 reasonable steps to refuse, suspend, or remove designation and certification of
			 an individual who has a conflict of interest, or who has a member of the
			 immediate family with a conflict of interest, which cannot be adequately
			 removed or remedied;
(d) establish
			 methods by which the Ombudsman Program and EOHHS will periodically review and
			 identify potential conflicts of interest of the State Ombudsman, ombudsman
			 representatives, and local ombudsman programs; and
(e) establish the actions EOHHS, the State
			 Ombudsman, or ombudsman representatives must take in order to remedy or remove
			 such conflicts.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.17 - Nondiscrimination in Service Delivery

Current through Register 1525, July 5, 2024
A local ombudsman program, or the host agency within which it
				operates, will not deny services to or otherwise discriminate in the delivery
				of services to a resident on the basis of race, color, religion, sex, gender
				identity, sexual orientation, age, national origin, ancestry, physical or
				mental disability, or because such a person is a recipient of federal, state,
				or local public assistance. A local ombudsman program must 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 84);
(3) M.G.L.
			 c. 151B, § 4(10); and
(4)
			 Americans with Disabilities Act of 1990 (42 U.S.C. §
									12101
et seq
.).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.18 - Nondiscrimination in Employment

Current through Register 1525, July 5, 2024
A local ombudsman program, or the host agency within which it
				operates, will not discriminate against a qualified employee or applicant for
				employment because of race, color, religion, sex, gender identity, sexual
				orientation, age, national origin, ancestry, or physical or mental disability,
				and must comply with the applicable provisions of all relevant state and
				federal laws, including but not limited to:
(1) Title VII of the Civil Rights Acts of
			 1964 (42 U.S.C. 2000e
et seq
.);
(2)
			 M.G.L. c. 151B, §§ 4(1) and (16);
(3) Americans With Disabilities Act of 1990
			 (42 U.S.C. §
									12101
et seq.
);
			 and
(4) Section 504 of the
			 Rehabilitation Act of 1973 (29 U.S.C.
			 794) and the regulations promulgated pursuant
			 thereto (45 CFR 84).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.19 - Affirmative Action

Current through Register 1525, July 5, 2024
A local ombudsman program, or the agency within which it
				operates, will have in effect, maintain, and adhere to current Affirmative
				Action requirements as set forth in the Governor's Executive Order Number 227,
				as amended.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.20 - Severability

Current through Register 1525, July 5, 2024
The provisions of 101 CMR 30.00 are severable. If any
				provisions of 101 CMR 30.00, or the applications of such provisions to any
				person or circumstance, are held invalid or unconstitutional, the remaining
				provisions of 101 CMR 30.00 shall not be affected thereby and shall remain in
				full force and effect.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
.
			 101 CMR
			 31.00 governs the administration and enforcement of
			 the loan repayment assistance program.
(2)
Administrative Bulletins and
			 Other Written Guidance
. EOHHS may issue administrative bulletins
			 or other written guidance to clarify its policy on and understanding of
			 substantive provisions of
			 101 CMR
			 31.00.
(3)
Contracts
. EOHHS may enter into contracts with one or
			 more contractors to administer the loan repayment assistance program, and EOHHS
			 or the contractor(s) may enter into contracts with awardees. These contracts,
			 including guidance or instruction thereto, may include terms beyond the scope
			 of the provisions described in
			 101 CMR
			 31.00, except to the extent that they explicitly
			 conflict with
			 101 CMR
			 31.00 or administrative bulletins or other written
			 guidance issued thereunder.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				101 CMR
				31.00, terms have the meanings set forth in
				101
				CMR 31.02, except where the context clearly
				indicates otherwise.
Awardee
. An individual who applies for
				loan repayment for outstanding educational debt and is selected to receive a
				loan repayment.
Awardee Agreement
. The contract,
				approved by EOHHS, executed between awardee and contractor that outlines the
				terms of the program and recoupment; details awardees responsibilities and
				obligations; and details contractor's responsibilities and obligations.
Commercial Loans
. Loans made by banks,
				credit unions, savings and loan associations, insurance companies, other
				financial or credit institutions, and schools, which are subject to examination
				and supervision in their capacity as lenders by an agency of the United States
				or of the state in which the lender has its place of business.
Contractor
. Any entity that is awarded
				and executes a contract or agreement with EOHHS to administer the loan
				repayment assistance program.
EOHHS
. The Executive Office of Health
				and Human Services established under M.G.L. c. 6A.
Government Loans
. Loans that are made
				by federal, state, county, or city agencies that are authorized by law to make
				such loans.
Loan Repayment Assistance Program
. The
				program or programs for loan repayment assistance to pay for authorized
				outstanding educational debt.
MassHealth
. The medical assistance and
				benefit programs administered by EOHHS pursuant to Title XIX of the Social
				Security Act (42 U.S.C.
				1396a
et seq
.), Title XXI of
				the Social Security Act (42
				U.S.C. 1397aa
et seq
.),
				M.G.L. c. 118E, and other applicable laws and waivers to provide and pay for
				medical services to eligible members.
Outstanding Educational Debt
.
				Qualifying educational loans that are government and commercial loans for
				actual costs paid for tuition and reasonable educational and living expenses
				related to the undergraduate or graduate level education of the applicant that
				resulted in the degree that qualifies them for this initiative. Applicants must
				provide a copy of all qualifying loan documentation (
e.g.
,
				promissory notes) to the vendor, in the manner prescribed by the vendor.
Service Obligation
. The specific
				services the awardee agreed to perform for a specified duration as described in
				the awardee agreement. The service obligation is a condition of receiving the
				loan repayment award.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.03 - Administration

Current through Register 1525, July 5, 2024
(1)
General
. The
			 loan repayment assistance program includes the loan repayment initiative
			 authorized under line 1599-2026 of St. 2021, c. 102, which includes
			 $110,500,000; the loan repayment initiative authorized under line 4513-2020 of
			 St. 2021, c. 24, which includes $5,000,000; the loan repayment initiative
			 authorized under line 1599-2027 of St. 2021, c. 102, which includes
			 $16,500,000; and other loan repayment initiatives authorized by the
			 Massachusetts legislature, federal government, or other entity and administered
			 by EOHHS, other than MassHealth initiatives eligible for federal financial
			 participation.
(2)
Use
			 of Contractors
.
(a) EOHHS may
			 administer the loan assistance program directly or through the use of one or
			 more contractors.
(b) EOHHS may pay
			 for state staff or contractors to administer the loan assistance program using
			 a portion of the funding allocation described in
			 101
			 CMR 31.03(1).
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.04 - Conditions of Payment

Current through Register 1525, July 5, 2024
To qualify for an award, an awardee must meet all of the
				requirements outlined in the awardee agreement.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.05 - Cancellation, Suspension, or Waiver

Current through Register 1525, July 5, 2024
(1)
Cancellation
. Any service obligation or payment
			 obligation of an awardee will be canceled upon the death of the
			 awardee.
(2)
Waiver or
			 Suspension
.
(a) An awardee may
			 seek a waiver or suspension of the service or payment obligations incurred
			 under this program by written request, setting forth the reasons,
			 circumstances, and causes for the requested action. EOHHS may approve a request
			 for a suspension for a period of one year. A renewal of this suspension may
			 also be granted. Good cause for such suspension includes medical leave,
			 parental leave, or call to duty in the United States Armed Forces or the
			 National Guard.
(b) EOHHS may waive
			 or suspend any service or payment obligation incurred by a participant whenever
			 compliance by the participant
1. is
			 impossible; or
2. would involve
			 undue hardship to the participant, and enforcement of the service or payment
			 obligation would be against equity and good conscience.
(c) The process for applying for waivers or
			 suspensions will be set forth in the awardee agreement.
(d) Waiver or suspension will be at the sole
			 discretion of EOHHS. Suspensions will extend deadlines but not eliminate the
			 service or payment obligations.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.06 - Enforcement

Current through Register 1525, July 5, 2024
(1)
Repayment Terms for Breach of
			 Conditions
. If an awardee breaches any of the conditions of the
			 awardee contract, EOHHS may require the return of any or all payments, with
			 interest. The interest rate paid by awardee on overpayments is the federal
			 short-term rate determined under the Internal Revenue Code § 6621(b), as
			 amended and in effect for the relevant period plus one percentage point simple
			 interest.
(2)
Time for
			 Repayment
. Any amounts owed pursuant to
			 101
			 CMR 31.06 must be repaid within one year of
			 the default. Additional interest will accrue during periods when money is
			 owed.
(3)
Awardee
			 Contracts
. The awardee contracts may specify further terms for
			 repayment after the breach of condition.
(4)
Collection and
			 Reporting
. EOHHS may take any lawful steps to collect on amounts
			 owed or report debts to credit reporting agencies.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 31.00 - Administration and Enforcement of the Loan Repayment Assistance Program › Section 31.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				101 CMR
				31.00 are severable. If any provision or subprovision
				of 101 CMR
				31.00 or the application of such provision or
				subprovision of
				101 CMR
				31.00 is held invalid or unconstitutional, such
				determination will not be construed to affect the validity or constitutionality
				of any other provision or subprovision of
				101 CMR
				31.00 or the application thereof.
Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 129.00 - Rate And Charge Determination For Certain Intermediate Care Facilities Operated By The Department Of Developmental Services › Section 129.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope, Purpose, and Effective Date
.
			 101 CMR 129.00 governs the
			 payment rates for all care and services provided to publicly-aided patients by
			 Intermediate Care Facilities (ICFs) operated by the Department of Developmental
			 Services.
			 101 CMR 129.00 shall be
			 effective July 1, 2013.
(2)
Disclaimer and Authorization of Services
.
			 101 CMR 129.00 is neither
			 authorization for nor approval of the program of health care and services
			 included within
			 101 CMR 129.00. Governmental
			 units that purchase health care and services under
			 101 CMR 129.00 are
			 responsible for the definition, authorization, and approval of programs of care
			 and services provided by health care facilities subject to
			 101 CMR 129.00.
(3)
Authority
.
			 101 CMR 129.00 is adopted
			 pursuant to M.G.L. c.118E.