130 C.M.R. 403.430 – Prohibited Marketing Activities

A Home Health Agency provider must not:

(A) with the knowledge that a member is enrolled in a Capitated Program, engage in any practice that would reasonably be expected to have the effect of steering or encouraging the member to disenroll from the Capitated Program in order to retain the home health agency provider to provide home health services on a fee-for-service basis;

Commonwealth of Massachusetts Subchapter Number and Title Page

MassHealth 4. Program Regulations

4-29

Provider Manual Series (130 CMR 403.000)

Transmittal Letter Date

Home Health Agency Manual

HHA-55 07/01/22

(B) offer to a member, or his or her family or caregivers, in-person or through marketing, any inducement to retain the home health agency provider to provide home health services, such as a financial incentive, reward, gift, meal, discount, rebate, giveaway, or special opportunity;
(C) pay a “finder’s fee” to any third-party in exchange for referring a member to the home health agency provider; or
(D) engage in any unfair or deceptive acts or practices in connection with any marketing.

REGULATORY AUTHORITY

130 CMR 403.000: M.G.L. c. 118E, §§7 and 12.