Learn More
Log In
Sign Up
Mass. Gen. Laws ch. 118E – Division of Medical Assistance | Midpage
Collections
Massachusetts General Laws
Part I
Title XVII
Chapter 118E
Mass. Gen. Laws ch. 118E
Division of Medical Assistance
1
Duties of office
2
Established authority
2A
Director of dental services
6
Medical care advisory committee; member; staff; report from office of Medicaid
7
Powers
8
Definitions
8A
Definitions for Secs. 13C to 13K and Secs. 64 to 70
9
Eligibility
9A
MassHealth; beneficiaries; eligibility; payment; information applications
9C
Medical insurance reimbursement programs; definitions; eligibility; expenditures; submission of plans
9D
Senior care options initiative; senior care organizations; enrollment choices; advisory committee; report
9E
Application for authority; implementation of measures; waiver of measures due to hardship
9F
Duals demonstration; review of request for financial solvency
10
Medical care assistance program for pregnant women and infants
10A
Required coverage for abortion, abortion-related care, prenatal care, childbirth and postpartum care
10A 1/2
MassHealth standard coverage for pregnant or postpartum residents
10B
Required coverage for newborn hearing screening tests
10C
Required coverage for items medically necessary for the diagnosis or treatment of diabetes
10D
Required coverage for treatment of breast and cervical cancer
10E
Healthy start program; medical assistance for pregnant women and infants; eligibility; types of assistance; protection from billing and collection practices
10F
Health care services for dependent and adopted youths; funding; types of services; eligibility; program reports; no entitlement
10G
Coverage for children under age 18 for cleft lip and cleft palate
10H
Coverage for medically necessary treatments for persons younger than 21 years old diagnosed with an autism spectrum disorder by a licensed physician or a licensed psychologist
10H 1/2
Coverage for treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services
10H.5
Coverage for treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services
10I
Coverage for administration of all federal Food and Drug Administration approved drugs for opioid or alcohol dependence treatment
10J
Coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV associated lipodystrophy syndrome
10K
Coverage for certain services and contraceptive methods
10L
Filling of remaining portion of prescription for covered drug that is a narcotic substance earlier filled in lesser quantity
10M
Coverage for tobacco use cessation counseling and products
10N
Urgent care facilities; referrals; primary care providers
10O
Coverage for mental health acute treatment, community-based acute treatment and intensive community-based acute treatment
10P
Coverage for mental health or substance use disorder services delivered through psychiatric collaborative care model
10Q
Coverage for annual mental health wellness examination
10R
Coverage for noninvasive prenatal screening
10S
Coverage for postpartum depression and major depressive disorder screenings conducted pursuant to section 247 of chapter 111
10T
Coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products
10U
Coverage of doula services
10V
Coverage for universal postpartum home visiting services
10W
Coverage for diagnostic examinations for breast cancer screening; digital breast tomosynthesis screening, MRIs and ultrasounds
10X
Coverage for prescribed, ordered or dispensed opioid antagonists
10Y
Coverage for the provision of services by a recovery coach
10Z
Coverage for identified generic and brand name drug used to treat diabetes, asthma, and certain heart conditions
11
Cooperation with federal authorities
12
Policies; procedures; rules and regulations; contracts
12A
Pharmaceutical drugs; negotiation of supplemental rebate agreements
13
Rate changes; review
13A
Non-acute hospitals; rates and terms of payment
13B
Hospital rate increases; quality standards and benchmarks
13C
Establishment of rates of payment for health care services
13D
Duties of ratemaking authority; criteria for establishing rates
13D 1/2
Minimum payment rates to be paid to providers of behavioral health services delivered in community behavioral health centers by managed care entities; annual review and reporting
13E
Appeals of interim or final rates
13E 1/2
Contractual arrangements with acute and non-acute hospitals
13F
Contracts between acute and non-acute hospital service providers and office of Medicaid
13G
Hospital assets not to be considered as resources for purpose of establishing rates
13H
Recipients of benefits under chapter 117A
13I
Patients with foreign residency
13J
Health maintenance organizations; contracting rights
13K
Adjustment of facility's rate
13L
Restriction of hospital access to discounted purchase of prescription drugs
14
Nursing home negotiated rate contracts
14A
Reimbursement to nursing homes for admissions to acute care and chronic disease or rehabilitation hospitals
15
Medicaid benefits; rules and regulations; managed care; personal expenses
16
Primary and supplemental medical care and assistance program for residents with disabilities; assistance program for chronically ill persons or persons with disabilities forced to leave employment or substantially reduce work hours
16A
Medical care and assistance program for children with disabilities
16A 1/2
Costs incurred for medical programs projected to exceed available appropriations; notice
16C
Child health insurance program; medical benefits; eligibility
16D
Aliens or persons residing in United States under color of law; benefits
17
Reimbursements for non-generic drugs
17A
Emergency services provided to beneficiaries for emergency medical conditions
18
Medical insurance purchases for persons eligible for assistance
19
Prior approval of medical services; methods; rules and regulations; posttreatment examinations
20
Application; forms; application by institution
21
Inquiry by department; notification of applicant; agreement
21A
Medical assistance eligibility of an institutionalized spouse
22
Third party payments; repayment; assignment; subrogation
23
Subrogation rights; health insurance benefits; garnishment of wages
23A
Financial institutions; request for deposit and withdrawal records; penalty
25
Exempt income and resources
25A
Determination of eligibility for Qualified Medicare Beneficiary, Specified Low-Income Medicare Beneficiary and Qualified Individual programs; consideration of certain income or assets
26
Identification card
27
Redetermination of eligibility
28
Disposal of resources at less than fair market value; period of ineligibility; transfers for sole benefit of individual age 65 or older
29
Transfer of interest in real property; notice
30
Time of payment
31
Adjustment or recovery of payments
32
Provision of death certificate and probate petition to division; liability of estate beneficiaries; claims against estate; sale or transfer of property subject to lien or claim
33
Long term care insurance purchasers; liability for medical assistance paid
34
Liens and encumbrances
35
Reimbursement for covered claims; submission of information
36
Eligible providers; responsibility for overpayments
37
Distribution of rules, regulations to providers; administrative sanctions
38
Submission of bills by providers; appeals for erroneous denials; overpayments; civil collection actions
38A
Retroactive claims denials for behavioral health services
39
False representations, failure to disclose; penalty
40
False statements or representations by providers; penalty
41
Bribery or rebates; penalty
42
Excess charges; penalty
43
Health care facilities; additional charges as precondition for admission or continuance; penalty
44
Civil remedies; limitations
45
Venue; actions relating to false claims
46
Availability of other remedies
46A
Providers; submission of claims for payment not in compliance with policies and procedures of medical assistance program; proof of clerical or administrative error
47
Persons aggrieved; written notification of denial of requested benefits or services; right to hearing; investigation; decision; rehearing; notice
47A
Benefits available only to otherwise eligible individuals showing lawful presence in the United States or meeting applicable federal requirements necessary to qualify for benefits for which the commonwealth receives federal reimbursement
48
Board of hearings
49
Use and disclosure of information
50
Contract for administrative functions; underwriting of program
51
Utilization review of care and services; data processing and collection procedures; liability in civil actions
51A
Step therapy protocol clinical review criteria; prescription coverage
52
Maintenance of standards for providers; development of new programs
53
Covered services
54
Wellness program for MassHealth enrollees
56
Controlled substance management program for MassHealth enrollees
61
Availability of benefits to persons recognized as a spouse under laws of the commonwealth
62
Acceptance and recognition of information submitted pursuant to coding standards and guidelines required; use of standardized claim formats
63
Assessment per non–Medicare reimbursed patient day
64
Definitions for Secs. 64 through 69
65
Health safety net office
66
Health Safety Net Trust Fund
67
Liability of acute hospital to fund
67A
Nonpublic ambulance services; liability; uniform assessment; enforcement
68
Managed care organization services assessment; calculation of liability; payment to health safety net trust fund
69
Reimbursements to hospitals and community health centers for health services provided to uninsured and underinsured individuals
70
Definitions for Secs. 70 through 75
71
PCA quality home care workforce council
72
Duties of workforce council; PCA recruitment, training and referral resources; lists of PCAs
73
Rights of consumers regarding PCAs; public employee status for limited purposes; collective bargaining
74
PCA quality home care workforce council; scope of power and authority
75
Performance reviews
76
Designation of another governmental unit to perform functions set forth in Secs. 13C through 13K and 64 through 75
77
Office of Medicaid to attribute members to primary care providers
78
Employer healthcare coverage form
79
Coverage for health care services delivered via telehealth by a contracted health care provider; right in in-person services; copayment or coinsurance; rate of payment; standards of care
80
Sickle cell disease; executive office review; content of report
81
Mental health and substance use disorder benefits; benefits for children and adolescents under the age of 19 for the diagnosis and treatment of mental, behavioral, emotional or substance use disorders substantially interfering with or limiting the functioning and social interactions of such child or adolescent; consent to disclosure of information
82
Requirement that division meets parity requirements described under federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 and related guidance or regulations
83
Dispensing of OTC oral contraceptive to MassHealth member or HSN patient by licensed pharmacist
84
Dispensing of a prenatal vitamin to MassHealth member or HSN patient by licensed pharmacist
85
Establishment of Medicaid rates for licensed skilled nursing facilities
86
Skilled nursing facility rate add–on programs; bariatric care; 1–on–1 staffing of at-risk residents
87
Payment to state agencies for claims related to Medicaid