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3) Special eligibility (115 CMR 6.05)
This category applies to persons who are class members of the Ricci v. Okin litigation in Massachusetts.
This landmark lawsuit established standards and requirements for lifetime services and supports for people
living in certain state facilities for the mentally retarded. If you are a class member, you are automatically
eligible for comprehensive supports and services. [For more information on services available under this category,
link to Section 3 of this Guide: Protections for Ricci Class Members and non-Class Members.]
4) Prioritization for Supports (115 CMR 6.07)
This fourth category of eligibility applies to all non-Ricci Class Members.
The regulation states that supports or services for those who are not Class Members are "subject to the availability of
resources." This can mean that supports and services for persons who are not class members can be reduced or eliminated
in times of budget cutbacks. Nevertheless, persons who are not Ricci Class Members are entitled, just as all persons in the DMR system are, to the protections
under Standards to Promote Dignity: 115 CMR 5.00. [For information on these Standards, link to Part 1 of this Advocacy Guide: Advocating Effectively on Behalf of Your Family Members.]
You can appeal DMR's decisions regarding the prioritization of services in your case, under the DMR
appeal regulations [115 CMR 6.30 through 6.34].
[For information on filing appeals, link to Section 4 of this Advocacy Guide on Individual Support Plans.)
The DMR application process
Under DMR regulations (115 CMR 6.02), you can apply to any DMR office or provider by filling out an application form. You can also obtain applications online at www.mass.gov/dmr/.
The Regional Eligibility Team for the DMR's geographic region in which the applicant resides makes the determination of eligibility for supports in all cases. Applicants who are found ineligible may re-apply after one year "if the application is supported by new or additional information not previously submitted to the Department." The family of a child who experiences the onset of a developmental disability that is "distinct from the original delay or disability prompting the initial application" may re-apply at any time prior to the child reaching age 18.
Following the receipt of an application, the Regional Eligibility Team will inform the applicant regarding the following:
- the criteria for eligibility for DMR services
- the procedures for eligibility determination
- the system of prioritization for receipt of supports based upon need, funding and availability
- DMR's authority to charge for services, including costs associated with a determination of eligibility
- DMR's authority to require information about the applicant's and his or her family's needs, income, legal status, and resources before providing, purchasing, or arranging services
- the right of the applicant to appeal a determination of ineligibility under 115 CMR 6.30 through 6.34; and
- the person's obligation, as a condition of eligibility, to consent to DMR obtaining information from current and previous service providers and other state agencies.
Under the regulations, DMR has 45 days to make an eligibility determination and notify the guardian or family member of its decision (115 CMR 6.03).
You can appeal all DMR determinations about Eligibility, under the DMR appeal regulations (115 CMR 6.30 to 6.34). (Link to our Advocacy Guide Section 4 on Individual Support Planning--the Appeals Process.)
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