Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.130 - Definitions

Current through Register 1525, July 5, 2024
As used in the administration of the MRRP:
Adequate Notice
. A written notice of an intended action to reduce, suspend or terminate assistance. It must contain:
(a) a statement of the intended action;
(b) the reason(s) for the intended action;
(c) a citation to the regulation(s) supporting the action;
(d) an explanation of the right and procedures to request a fair hearing;
(e) the circumstances under which assistance is continued if a hearing is requested; and
(f) a statement that if the action is upheld, assistance paid pending appeal is subject to recoupment.
Adult Caretaker
.
(a) a parent; or
(b) a close non-parental adult relative who is willing and able to care for the child; or
(c) an adult with a clear and court verifiable claim to custody of the child who is living with and caring for the dependent child.
Appeal
. A written request for a fair hearing on an action proposed or taken by a Case Management Provider or on the Provider's failure to act.
Appropriate Offer of Employment
. An offer of a job that pays at least the minimum wage, that does not jeopardize the health or safety of the refugee or otherwise give rise to circumstances that would constitute good cause as described in 121 CMR 2.730, and that is consistent with the early employment and self-sufficiency strategy described in the Family Self-sufficiency Plan.
Assistance Unit
. Those refugees whose needs are considered in determining eligibility for and the amount of a Refugee Cash Assistance grant and who are eligible to receive Refugee Cash Assistance and Refugee Medical Assistance. All persons who are required to be in the assistance unit must be included in the filing unit.
See
121 CMR 2.510 a description of who must be in the assistance unit.
Case Management Provider
. A provider under contract with ORI to perform certain functions under MRRP that serve to remove all barriers to employment, self-sufficiency and successful resettlement. These include, but are not limited to:
(a) determining initial and ongoing eligibility for Refugee Cash Assistance, and other MRRP services;
(b) assisting refugees in applying for Refugee Medical Assistance, or MassHealth;
(c) referring refugees to appropriate services and programs;
(d) working with refugees and employment service agencies to develop a Family Self-sufficiency Plan designed to employ at least one adult in the shortest possible time and lead to durable self-sufficiency for the family; and
(e) tracking the progress of the Family Self-sufficiency Plan.
Case Record
. The permanent written collection of the information necessary for determining eligibility, developing and implementing a Family Self-sufficiency Plan, and providing case management and related MRRP services.
Case Review
. A review of eligibility and progress of a refugee client toward early employment and self-sufficiency benchmarks.
Competent Medical Authority
. A physician, osteopath, nurse practitioner or psychologist licensed by the Commonwealth of Massachusetts, or for the limited purpose of diagnosing pregnancy and pregnancy-related incapacity, a nurse-midwife who meets the educational and certification requirements mandated by state law and/or regulations.
Date of Entry
. The date the refugee was admitted to the U.S. in refugee status and initially became time eligible for refugee benefits.
See
121 CMR 2.420, for the definition of Refugee Status, and 121 CMR 2.425 for the definition of Date of Entry by immigration status.
Days
. Calendar days unless working days are specified. Time periods expire on the last day of the period unless the day falls on a Saturday, Sunday, legal holiday or other day on which the office of ORI or the Case Management Provider is closed, in which event the last day of the time period shall be the next following business day.
Dependent Child
. A child who lives with a parent or other adult caretaker and is younger than 18 years old; or younger than 19 years old if a full-time student in grade 12 or below, or in a vocational or technical training program of the equivalent level that is designed to lead to gainful employment, and the child is expected to graduate or complete the course of study or training before his or her 19th birthday.
Durable Self-sufficiency
. The assistance unit's gross income exceeds 450% of the federal poverty level.
Employable
. Not exempt from participation in Employment Services under 121 CMR 2.725.
Employment Services Provider
. A provider under contract with ORI to provide refugees referred for supervised job search by Case Management Providers, job placement, employment counseling, job development, vocational skills training, English language training where needed, and follow-up services designed to assist the participant(s) to obtain early employment and the family to achieve durable self-sufficiency.
Fair Hearing
. A proceeding conducted by the ORI Director or his or her designee, who shall be an impartial hearing officer appointed to review an action proposed, taken, or not taken by a Case Management Provider, which has been appealed. If the hearing is conducted by an appointed hearing officer, the decision of the hearing officer shall not be subject to review by the ORI Director. The decision of the hearing officer shall be a final agency decision within the meaning of and subject to judicial review under M.G.L. c. 30A.
Family Self-sufficiency Plan
. A detailed action plan having definite short-term and long-term employment goals designed to enable an assistance unit to achieve durable self-sufficiency.
Filing Unit
. Those people whose income must be considered in determining the eligibility of and the grant amount for the assistance unit.
Filing Unit
includes the members of the assistance unit and anyone else who have a legal obligation to financially support a member of the assistance unit.
Grant
. The total amount of refugee cash assistance (RCA) that an assistance unit is eligible to receive per month.
Grantee
. The person who receives the grant for the assistance unit.
Income
. Any money, goods, or services, received from any source, such as salaries, wages, tips, incentives, annuities, free shelter or utilities, child support or alimony.
Match Grant
. A public/private partnership agreement between a Refugee Resettlement Agency and the federal Office of Refugee Resettlement under which refugee resettlement costs are shared between the government and the Resettlement Agency, for up to 180 days from the date of program eligibility. Resettlement Agencies who resettle refugees pursuant to Match Grants are responsible for cash and in-kind support for refugees for an additional 90 days beyond the normal 30 days in a Reception and Placement Agreement. Match Grant assistance is in lieu of any other type of refugee assistance, with the exception of Refugee Medical Assistance, during this time period.
Medicaid
(referred to as MassHealth in Massachusetts). A health care program for low and moderate-income individuals and families, administered by the Massachusetts Office of MassHealth.
Nonexempt Refugee
. A refugee in an assistance unit who does not meet the requirements for exemption from participation set forth at 121 CMR 2.725.
Participant
. An adult member of the assistance unit designated in the Family Self-sufficiency Plan as appropriate for employment.
Reception and Placement (R&P)
. The initial resettlement process and period during which a Refugee Resettlement Agency or other sponsor under a cooperative agreement with the U.S. Department of State is responsible for assisting the refugee.
Refugee Cash Assistance (RCA)
. A program of temporary financial support for members of an assistance unit. Case Management Agencies determine eligibility and authorize grant amount. ORI issues payments.
Refugee Medical Assistance (RMA)
. A program of temporary medical assistance for an assistance unit that is ineligible for MassHealth. Case Management Providers assist refugee clients to apply to the Massachusetts Office of MassHealth for the program.
Refugee Resettlement Agency
. A voluntary agency assigned responsibility by the U.S. Department of State for initial reception and placement of refugees for resettlement. VOLAG is an alternative term used to identify voluntary agencies providing initial refugee resettlement services.
Refugee Service Provider
. An agency which receives funding to provide services under the Massachusetts Refugee Resettlement Program.
Resident
. An individual who is living in the Commonwealth of Massachusetts.
Secondary Migrant
. A refugee who initially settles elsewhere in the United States and subsequently moves to Massachusetts.
Self-sufficiency
. Earning a total family income at a level that enables a family unit to support itself without receipt of a cash assistance grant.
Standard of Assistance
. The maximum amount of Refugee Cash Assistance that an assistance unit may receive monthly, and is the standard used to determine eligibility and grant amount.
Supplemental Security Income (SSI)
. A financial assistance program for individuals with low income who are 65 years of age or older or who meet disability standards, administered by the Social Security Administration.
Transitional Aid to Families with Dependent Children (TAFDC)
. A financial assistance and employment services program for low income families with dependent children, administered by the Massachusetts Department of Transitional Assistance.
Timely Notice
. Adequate notice, mailed, or given, to a refugee at least ten calendar days prior to the effective date of an intended action.
Verification
. The process of ensuring the validity of a statement or circumstance for purposes of determining or re-determining eligibility.