Current through Register 1536, December 6, 2024
Section 610.037 - Notice Requirements for PASRR Determinations(A) When DMH or DDS issues a PASRR determination, it must provide written notice of the PASRR determination to the following:(1) the evaluated individual and his or her legal representative;(2) the admitting or retaining nursing facility;(3) the attending physician; and(4) the discharging hospital, if the individual is seeking nursing facility admission from a hospital.(B) Notice of the PASRR determination must include the following: (1) whether a nursing facility level of service is needed;(2) whether specialized services, as defined by 42 CFR 483.120, are needed;(3) the placement options available to the individual consistent with the determination and in accordance with 42 CFR 483.130(M);(4) a statement indicating that the individual's PASRR determination is based on the individual's PASRR and that the individual was evaluated in accordance with 42 CFR 483.128;(5) a statement informing the individual of his or her right to request a fair hearing before the BOH to appeal a PASRR Determination and that provides(a) the address to send a request for a hearing;(b) the time frame for requesting a hearing as provided for under 130 CMR 610.015; and(c) a statement that the individual may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson.(C) Notice must be mailed no later than the date of the PASRR determination. Amended by Mass Register Issue 1354, eff. 12/18/2017.Amended by Mass Register Issue 1397, eff. 8/9/2019.