Current through Register 1536, December 6, 2024
Section 610.031 - Notification of the Right to Request a Hearing(A) Upon being notified of any appealable action, the applicant or member will be informed in writing of his or her right to a hearing, of the method by which a hearing may be requested, and of the right to use an appeal representative (see130 CMR 610.016) .(B) If an applicant or member indicates disagreement with an appealable action, the acting entity will provide the applicant or member with an appeal form and, if requested, help complete the form. The MassHealth agency may not restrict the applicant's or member's freedom to request a fair hearing.(C) If there is an individual or organization that provides free legal representation, the person requesting a hearing will be informed of the availability of that service.(D) At the time that a nursing facility notifies a resident that he or she is to be discharged or transferred, the nursing facility must inform the resident that he or she has the right to request a hearing before the MassHealth agency.(E) At the time that DMH or DDS notifies an individual of the individual's PASRR determination, the acting entity must inform the individual that he or she has the right to request a hearing before BOH.Amended by Mass Register Issue 1354, eff. 12/18/2017.Amended by Mass Register Issue 1397, eff. 8/9/2019.Amended by Mass Register Issue 1407, eff. 8/9/2019.