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651 CMR 3.07 - Home Care Program: Suspension and Termination (Consumer Review and Appeal Rights)

MassachusettsregulationMassachusetts Executive Office of Elder Affairs (EOEA)

What this rule requires your agency to do

  • 1The ASAP must inform the applicant/consumer in writing of his or her right to request a Review whenever the ASAP makes a decision to deny, terminate, or reduce Home Care Program Service. (651 CMR 3.07)(651 CMR 3.07 - Home Care Program: Suspension and Termination (Consumer Review and Appeal Rights))
  • 2The ASAP must provide advance written notice of termination, allowing a 15-day termination timeframe for Non-Frail Elder Waiver consumers and a 31-day termination timeframe for Frail Elder Waiver consumers. (651 CMR 3.07)(651 CMR 3.07 - Home Care Program: Suspension and Termination (Consumer Review and Appeal Rights))
  • 3The ASAP must continue the suspension or continue providing Home Care Program Services during the Review and Appeal period where the consumer timely requests a Review. (651 CMR 3.07)(651 CMR 3.07 - Home Care Program: Suspension and Termination (Consumer Review and Appeal Rights))
  • 4The ASAP must inform the applicant/consumer in writing of his or her right to Appeal a Review decision to the Elder Affairs Hearings Officer as specified in 651 CMR 1.07. (651 CMR 3.07 / 651 CMR 1.07)(651 CMR 3.07 - Home Care Program: Suspension and Termination (Consumer Review and Appeal Rights))

Applies to: Home care / personal care services delivered to elder consumers through ASAPs

Under the Massachusetts Home Care Program, an ASAP that denies, terminates, reduces, or suspends services must give the consumer written notice of the adverse action and inform them in writing of their right to request a Review and to Appeal a Review decision to the Elder Affairs Hearings Officer. Services generally continue during the Review and Appeal period when the consumer requests review timely. Grievances/appeals of ASAP decisions are adjudicated under 651 CMR 1.00.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.