Commonwealth of Massachusetts
Executive Office of Health and Human Services
Division of Medical Assistance
600 Washington Street
Boston, MA  02111
www.mass.gov/dma	

		MassHealth
		Eligibility Letter 90
		April 1, 2002

TO:	Division Staff

FROM:	Wendy E. Warring, Commissioner

RE:	Fair Hearing Rights for Nursing Facility Residents

This letter transmits revisions to the Fair Hearing Rules.  These revisions would give residents the right to a fair hearing when the nursing facility refuses to readmit them after hospitalization or other medical leave of absence. The revisions also require nursing facilities to provide residents with appropriate notice at the time the facility determines that it will not readmit a resident who is eligible for nursing facility services.  While federal law does not specifically require Medicaid to provide hearings in such situations, it does require the facility to readmit the resident.  To protect residents who are refused readmission contrary to federal law, the Division intends to deem such refusals to be transfers or discharges in order to afford these residents the right to a fair hearing at the Board of Hearings in such situations.   

These regulations are issued as emergency regulations, effective April 1, 2002.

	MANUAL UPKEEP

Insert	Remove	Trans. By	
			
610.015 (1 of 2)	610.015	E.L. 64	
610.015 (2 of 2)
610.016	     --         
610.016	     --         
E.L. 64	
610.028	610.028	E.L. 38	
610.029
610.030
610.032
610.033	610.029
610.030
610.031
610.033	E.L. 38
E.L. 38
E.L. 80
E.L. 80