Section 6.31 - Subject Matter of an AppealThe following issues may be appealed under 115 CMR 6.30 through 6.34:
(1) Whether the decision of the Department as to the individual's eligibility for supports is consistent with the standards and procedures stated in 115 CMR 6.01 through 6.10;(2) Whether the Department's assignment of priority of need is consistent with the standards set forth in 115 CMR 6.07;(3) Whether the assessments performed or arranged by the Department or the provider to serve as the basis for the development and review of an individual's ISP were sufficient for that purpose;(4) Whether the goals identified in the ISP pursuant to 115 CMR 6.23(4)(e)1., are consistent with and promote the outcomes set forth at 115 CMR 6.23(2).(5) Whether the types of supports identified in the ISP are the least restrictive, appropriate and available supports to meet the goals stated in the ISP;(6) Whether the use of behavior modification procedures, medication, and limitations of movement are consistent with the requirements of 115 CMR 5.01 through 5.16;(7) Whether the recommendation of the ISP team with regard to the individual's ability to make personal and financial decisions is consistent with the available evidence and whether the type of decision making support recommended is consistent with the standards set forth at 115 CMR 5.07;(8) Whether the ISP was developed, reviewed, or modified in accordance with the procedures set forth in 115 CMR 6.20 through 6.25; and(9) Whether the ISP is being implemented.Amended by Mass Register Issue 1311, eff. 4/22/2016.