RSA-722: Annual Report on Appeals Process for Massachusetts 2017

I. Mediation

A. Request for Mediation

1. Pending requests for mediation, October 1 (carryover from prior fiscal year)0
2. New requests for mediation, October 10
3. Total requests for mediation this fiscal year0

B. Disputes Resolved during Mediation Process

1. Disputes settled prior to the development of a written agreement0
2. Disputes resulting in a written mediation agreement0
3. Total disputes resolved during mediation process0
4. Disputes not resolved during mediation process0

C. Mediation Request Carried Over

1. Mediation requests pending resolution, September 300

II. Impartial hearing process

A. Requests for Impartial Hearings

1. Pending Impartial hearing requests, October 10
2. New requests for impartial hearings since October 10
3. Total requests for impartial hearings this fiscal year0
4. Number from Line II.A3 which had also been through the mediation process this fiscal year0

B. Disputes Resolved during Impartial Hearing Process

1. Disputes resolved without IHO decision0
2. IHO decisions favoring the individual0
3. IHO decisions favoring the agency0
4. Total IHO decisions0
5. Total disputes resolved during impartial hearing process0
6. Disputes not resolved during impartial hearing process0

C. Impartial Hearing Requests Carried Over

1. Impartial hearing requests pending, September 300

III. Review of IHO decisions

Has your agency established a process for review of IHO decisions? 0

A. Requests for Review of IHO Decisions:

1. Requests for review of IHO decisions in process, October 10
2. New requests for review of IHO decisions since October 10
3. Total requests for review of IHO decisions this fiscal year0

B. Reviews of IHO Decisions Completed

1. IHO decisions favoring the individual sustained0
2. IHO decisions favoring the individual reversed0
3. IHO decisions favoring the agency sustained0
4. IHO decisions favoring the agency reversed0
5. Total reviews of IHO decisions completed0
6. IHO decisions not reviewed0

C. Reviews of IHO Carried Over

1. Reviews of IHO decisions pending, September 300

IV. Civil actions

A. Civil Actions Filed

1. Civil actions pending, October 10
2. New civil actions filed this fiscal year0
3. Total civil actions this fiscal year0

B. Civil Actions Resolved

1. Civil actions resolved in individual favor (sustaining final administrative decision)0
2. Civil actions resolved in individual favor (reversing final administrative decision)0
3. Civil actions resolved in agency favor (sustaining final administrative decision)0
4. Civil actions resolved in agency favor (reversing final administrative decision)0
5. Total civil actions resolved0
6. Civil actions not resolved0

C. Civil Actions Carried Over

1. Civil actions pending, September 300

V. Types of complaints/issues involved in disputes

Type Mediation
Impartial Hearings
Reviews of IHO Decisions
Civil Actions
1. Applicant eligibility for VR 0 0 0 0
2. Nature/contents/scope of IPE 0 0 0 0
3. Quality of counseling services 0 0 0 0
4. Delivery/quality of other VR services 0 0 0 0
5. Cost of services 0 0 0 0
6. Termination of services/service record closure 0 0 0 0
7. All other complaints/issues 0 0 0 0

Certification

Approved

Last NameHart
First NamePatricia
Phone Number617-626-7502
Signed?Yes
Signed Date10/11/2017

RSA-722 Due Process Description MA Blind The agency offers the consumer the following due process options: 1) a single fair hearing before an impartial hearing officer (not an employee of the agency); or 2) mediation to be followed if the consumer desires by a single fair hearing before an impartial hearing officer (not an employee of the agency); or 3) a multiple hearing procedure which includes: a) a case conference with the counselor and supervisor; b) an administrative review before an impartial panel of agency professionals; and c) a fair hearing before an impartial hearing officer (not an employee of the agency); or 4) a multiple hearing procedure which includes: a) a case conference with the counselor and supervisor; b) an administrative review before an impartial panel of agency professionals; and c) mediation to be followed if the consumer desires by a single fair hearing before an impartial hearing officer (not an employee of the agency) a fair hearing before an impartial hearing officer (not an employee of the agency). At the time the consumer requests review of the counselor determination, these options are explained again and the consumer is asked to indicate his or her initial choice of procedure, with the understanding that, in no case, will the procedures initially chosen be used to delay or deny the consumer’s right to a fair hearing before an impartial hearing office. Certain procedures and rules are followed relative to mediation: 1) A consumer has the right to present evidence and have representation at the mediation session. 2) A consumer has the right to be represented by a person selected by the applicant or consumer. 3) The mediation process is voluntary on the part of the parties. 4) A qualified and impartial mediator who is trained in effective mediation techniques conducts the mediation process. 5) The agency maintains a list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under from which the mediators will be selected. 6) The agency will pay the cost of the mediation process. 7) Each session in the mediation process will be scheduled in a timely manner and will be held in a location that is convenient to the parties to the dispute. 8) An agreement reached by the parties to the dispute in the mediation process will be memorialized in a written mediation agreement. 9) Confidentiality: Discussions that occur during the mediation process will be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. The parties to the mediation process will be required to sign confidentiality pledge prior to the commencement of such process. The fair hearing before an impartial hearing officer is held in accordance with the procedures and timelines mandated in the Rehabilitation Act Amendments of 1998 and RSA regulations.