Amendment #680 to H4000

DCF - Maintain Fair Hearings and Reporting Requirement

Representatives Khan of Newton, Sannicandro of Ashland, Collins of Boston, Decker of Cambridge, Devers of Lawrence, Garballey of Arlington, Gordon of Bedford, Hecht of Watertown, Andrews of Orange, Farley-Bouvier of Pittsfield, Kocot of Northampton, McMurtry of Dedham, O'Day of West Boylston and Provost of Somerville move to amend the bill in section 2, in item 4800-0015, on line 63, by inserting after "auditor" the following: "provided further that the department shall maintain a timely, independent and fair administrative hearing system; provided further that the department shall report to the clerks of the house and the senate, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on December 31, and March 31, of each fiscal year on: (i) the fair hearing requests filed in that fiscal year, stating for each hearing request using non-identifying information: (a) the subject matter of the appeal; (b) the number of days between the hearing request and the first day of the hearing; (c) the number of days between the first day of the hearing and the hearing officer’s decision; (d) the number of days between the hearing officer’s decision and the agency’s final decision; (e) the number of days of continuance granted at the appellant’s request; (f) the number of days of continuance granted at the request of the department of children and families or the hearing officer’s request, specifying which; (g) whether the departmental decision that was the subject of the appeal was affirmed or reversed; and (ii) the fair hearing requests filed prior to that fiscal year which are pending for more than 200 days, stating the number of such cases, how long each such case has been pending,  how many of such cases have been heard but not decided, and how many have been decided by the hearing officer but not yet issued as a final agency decision; provided further that the department shall maintain and make available to the public during regular business hours, a record of its fair hearings, with identifying information removed, including for each hearing request, the date of the request, the date of the hearing, the length of any extensions granted to the party or to the department, the date of the hearing decision, the decision rendered by the hearing officer, and the final decision rendered upon the Commissioners review.  The department shall make redacted copies of fair hearing decisions available within 30 days of a written request."