Redetermination of Eligibility and Prioritization
Effective Aug 29, 2016Mass. Register #1320MGL c. 19B, §§ 1, 13 and 14 MGL c. 123B, §§ 2 through 4, 6, and 15Department of Developmental Services
- (1) The Department shall have the right to re-determine an individual's eligibility status or priority status after one year has passed since the most recent determination and the individual's circumstances have changed. When such re-determination occurs, the regional eligibility team will notify the person, his or her family, unless the person knowingly objects, the guardian, if any, or other appropriate person of the re-determination, and the right to to appeal within 30 days of receiving the re-determination notice. In cases that a re-determination of eligibility will result in the termination of supports to the individual, the filing of an appeal shall operate as a stay of the determination pending the appeal.
- (2) The initial determination of eligibility pursuant to 115 CMR 6.04 with respect to individuals previously found eligible as children pursuant to 115 CMR 6.06 shall be considered a new application under 115 CMR 6.04.