130 C.M.R. 437.428 – Prohibited Marketing Activities

A hospice 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 hospice provider to provide hospice services on a fee-for-service basis;
(B) offer to a member, or his or her family or caregivers, in-person or through marketing, any inducement to retain the hospice provider to provide hospice services, such as a financial incentive, reward, gift, meal, discount, rebate, giveaway, or special opportunity;

Commonwealth of Massachusetts Subchapter Number and Title Page

MassHealth 4. Program Regulations

4-21

Provider Manual Series (130 CMR 437.000)

Transmittal Letter Date

Hospice Manual

HOS-18 01/01/23

(C) pay a “finder’s fee” to any third-party in exchange for referring a member to the hospice provider; or
(D) engage in any unfair or deceptive acts or practices in connection with any marketing.

REGULATORY AUTHORITY

130 CMR 437.000: M.G.L. c. 118E, §§ 7 and 12.