reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.410 - Adult Companion

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Adult companion services must
			 be provided in accordance with a therapeutic goal in the service plan. Adult
			 companion services are covered where the adult companion enables the
			 participant to function with greater independence within the participant's home
			 or community.
(B)
Nonpayable Services
.
(1) Adult companion services are not covered
			 where the services are purely recreational or diversionary in nature.
(2) Homemaker, home health aide, personal
			 care, adult companion, individual support and community habilitation, and
			 supportive home care aide services, in combination are limited to no more than
			 84 hours per week. The MassHealth agency or its designee may grant exceptions
			 to the limit on a 90-day basis in order to maintain a participant's tenure in
			 the community, to provide respite to a caregiver who lives with the
			 participant, to facilitate transitions to a community setting, to ensure that a
			 participant at risk for medical facility admission is able to remain in the
			 community, or to otherwise stabilize a participant's medical condition.
			 Exceptions may also be granted for participants awaiting transition to a
			 residential waiver. Exceptions to the 84 hours per week limit must be included
			 in the participant's waiver plan of care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.411 - Assisted Living Services

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Assisted living services are
			 covered when the participant requires personal care and supportive services
			 (homemaker, chore, personal care services, and meal preparation) and the
			 availability of 24-hour on-site response capability to meet scheduled or
			 unpredictable resident needs.
(B)
Nonpayable Services
. Assisted living services do not
			 cover the cost of room and board, including items of comfort or convenience, or
			 the costs of property or building maintenance, upkeep, and improvement.
			 Assisted living services do not include, and payment will not be made for,
			 24-hour skilled care. Duplicative waiver and state plan services are not
			 available to participants receiving assisted living services. The following
			 waiver services are not available to participants receiving assisted living
			 services: chore, homemaker, personal care, home health aide, and supportive
			 home care aide.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.412 - Chore Services

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Chore services are only
			 covered on a one-time or infrequent basis and only when an unusual household
			 task is required to be performed to maintain a participant's home in a clean,
			 sanitary, and safe condition.
(B)
Nonpayable Services
. Chore services are not covered
			 when the participant or someone else in the household is capable of performing
			 the tasks or when a relative, caregiver, landlord, community/volunteer agency,
			 or third-party payer is capable of or responsible for provision of the tasks.
			 In the case of rental property, the responsibility of the landlord, pursuant to
			 a lease agreement, is examined before authorizing any chore services in a
			 service plan.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.413 - Community-based Day Supports

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Community-based day supports
			 are covered when the participant requires support to develop, enhance, and
			 maintain a range of skills and competencies needed to engage in integrated
			 activities in the community.
(B)
Nonpayable Services
.
(1) Community-based day supports services may
			 not be covered on the same day that waiver day services are covered.
(2) Day services, community-based day
			 supports, supported employment, and prevocational services, in combination, are
			 limited to no more than 156 hours per month, with each day of day services
			 considered to be six hours. The MassHealth agency or its designee may grant
			 individualized exceptions to the limit on a 30-day basis in order to maintain a
			 participant's tenure in the community, to facilitate transitions to a community
			 setting, or to otherwise facilitate the participant's successful engagement in
			 community-based waiver services. Exceptions to the 156 hours per month limit
			 must be included in the participant's waiver plan of care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.414 - Community Behavioral Health Support and Navigation

Current through Register 1525, July 5, 2024
(A)
Conditions of
			 Payment
. Community behavioral health support and navigation is
			 covered when a participant has behavioral health needs, such as a psychiatric
			 diagnosis or substance use disorder(s), that interfere with their ability to
			 access essential medical and behavioral health services.
(B)
Recordkeeping
.
			 In addition to the requirements of 130 CMR 630.441, the provider must maintain
			 records that include detailed descriptions of community behavioral health
			 support and navigation services provided and documentation of all units of
			 services.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.415 - Community Family Training and Residential Family Training

Current through Register 1525, July 5, 2024
(A)
Conditions of
			 Payment
. Documentation in the participant's record must
			 demonstrate the benefit of this service to the participant. Community family
			 training and residential family training is not available for individuals who
			 are employed to care for the participant. Family training may be provided in a
			 small group format or the family trainer may provide individual instruction to
			 a specific family based on the family's understanding of the waiver
			 participant's specialized needs. The one-to-one family training is
			 instructional; it is not counseling.
(1)
Community Family Training
. For purpose of this
			 service,
family
is defined as the persons who live
			 with or provide unpaid care to a waiver participant and may include a parent or
			 other relative.
(2)
Residential Family Training
. For purpose of this
			 service,
family
is defined as the persons who provide
			 unpaid care to a waiver participant and may include a parent or other
			 relative.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.416 - Day Services

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Day services are covered for
			 participants who need a structured day activity program and who are not
			 interested in employment or not ready to join the general workforce.
(B)
Nonpayable
			 Services
.
(1) Day services may
			 not be covered on the same day as community-based day supports, supported
			 employment, or prevocational services.
(2) Day services, community-based day
			 supports, supported employment, and prevocational services, in combination, are
			 limited to no more than 156 hours per month, with each day of day services
			 considered to be six hours. The MassHealth agency or its designee may grant
			 individualized exceptions to the limit on a 30-day basis in order to maintain a
			 participant's tenure in the community, to facilitate transitions to a community
			 setting, or to otherwise facilitate the participant's successful engagement in
			 community-based waiver services. Exceptions to the 156 hours per month limit
			 must be included in the participant's waiver plan of care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.417 - Home Accessibility Adaptations

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Home accessibility adaptations are
			 covered only when the participant would be unable to reside in the
			 participant's home without the accessibility adaptations and the adaptations
			 enable the participant to function with greater independence within the
			 participant's home.
(2) All home
			 accessibility adaptations must be provided in accordance with applicable state
			 and local building codes.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.418 - Homemaker

Current through Register 1525, July 5, 2024
(A)
Conditions of
			 Payment
. Homemaker services are covered on a short-term or
			 periodic basis when the individual who is regularly responsible for these
			 activities is temporarily absent or unable to manage the home and care for the
			 participant.
(B)
Nonpayable Services
.
(1) Homemaker services are not covered when
			 the participant or someone else in the household is capable of performing the
			 tasks or when a relative, caregiver, landlord, community/volunteer agency, or
			 third-party payer is capable of or responsible for homemaking tasks.
(2) Homemaker, home health aide, personal
			 care, adult companion, individual support and community habilitation, and
			 supportive home care aide services, in combination are limited to no more than
			 84 hours per week. The MassHealth agency or its designee may grant exceptions
			 to the limit on a 90-day basis in order to maintain a participant's tenure in
			 the community, to provide respite to a caregiver who lives with the
			 participant, to facilitate transitions to a community setting, to ensure that a
			 participant at risk for medical facility admission is able to remain in the
			 community, or to otherwise stabilize a participant's medical condition.
			 Exceptions may also be granted for participants awaiting transition to a
			 residential waiver. Exceptions to the 84 hours per week limit must be included
			 in the participant's waiver plan of care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.419 - Home Health Aide

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Home health aide services are covered
			 when the participant requires a range of assistance with ADLs and IADLS related
			 to independent living and when the home health aide service enables the
			 participant to function with greater independence within the participant's home
			 and community.
(2) Home health aide
			 services are covered if the home health aide receives supervision by a
			 registered nurse with a current license by the Massachusetts Board of
			 Registration in Nursing, and if services are expected to exceed the amount,
			 duration, or scope of home health aide services provided under the state
			 plan.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.420 - Independent Living Supports

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Independent living supports are covered
			 when the participant requires assistance with intermittent, scheduled, and
			 unscheduled needs for ADLs, IADLs, support and companionship, emotional
			 support, and socialization.
(2) The
			 independent living supports service provider cannot be the owner of the
			 building in which the services are delivered to the waiver
			 participant.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.421 - Individual Support and Community Habilitation

Current through Register 1525, July 5, 2024
(A)
Conditions of
			 Payment
.
(1) Individual support
			 and community habilitation is covered when a participant needs assistance to
			 develop, maintain, or maximize independent functioning in self-care, physical
			 and emotional growth, socialization, communication, and vocational skills. This
			 service includes training and education in self-determination and self-advocacy
			 to enable the participant to acquire skills to exercise control and
			 responsibility over the services and supports they receive, and to become more
			 independent, integrated, and productive in the community.
(2) Individual support and community
			 habilitation may be provided regularly or intermittently. These services may
			 not be provided on a 24-hour basis, and must be determined necessary for the
			 participant to remain in the community, as documented in the participant's
			 service plan.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.422 - Orientation and Mobility

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Orientation and mobility
			 services are covered to provide participants who are diagnosed with a vision
			 impairment or legal blindness training in how to move or travel safely in their
			 home and community.
(B)
Nonpayable Services
. Travel time is not
			 covered.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.423 - Peer Support

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Peer support services are
			 covered up to a maximum of 16 hours per week when the services:
(1) are instructional and not counseling;
			 and
(2) enhance the skills of the
			 participant to function in the community.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.424 - Personal Care Services

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Personal care services are
			 covered when the participant requires a range of assistance with ADLs related
			 to independent living and when the personal care service enables the
			 participant to function with greater independence within the participant's home
			 and community. Personal care services under an HCBS waiver may include
			 supervision and cuing of participants. Personal care services may also include
			 assistance with IADLs. Personal care services provided under an HCBS waiver may
			 not duplicate personal care services provided under the state plan.
(B)
Nonpayable
			 Services
.
(1) Personal care
			 services are not covered when duplicative services are provided to the
			 participant.
(2) Homemaker, home
			 health aide, personal care, adult companion, individual support and community
			 habilitation, and supportive home care aide services, in combination are
			 limited to no more than 84 hours per week. The MassHealth agency or its
			 designee may grant exceptions to the limit on a 90-day basis in order to
			 maintain a participant's tenure in the community, to provide respite to a
			 caregiver who lives with the participant, to facilitate transitions to a
			 community setting, to ensure that a participant at risk for medical facility
			 admission is able to remain in the community, or to otherwise stabilize a
			 participant's medical condition. Exceptions may also be granted for
			 participants awaiting transition to a residential waiver. Exceptions to the 84
			 hours per week limit must be included in the participant's waiver plan of
			 care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.425 - Prevocational Services

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Prevocational services are covered when
			 the participant requires habilitative or rehabilitative services, rather than
			 explicit employment training, as specified in the participant's service plan.
			 Prevocational services may be provided one-to-one or in a group format.
			 Prevocational services may be provided as a site-based service, in community
			 settings, or in a combination of these settings and must include integrated
			 community activities that support development of vocational needs.
(2) The amount, duration, and scope of
			 prevocational services provided to a participant is based on the participant's
			 pre-employment needs that arise as a result of their functional limitations and
			 condition, including services that enable the participant to acquire, improve,
			 retain/maintain, and prevent deterioration of functioning consistent with the
			 participant's interest, strengths, priorities, abilities and
			 capabilities.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.426 - Residential Habilitation

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Residential habilitation is
			 covered solely when authorized in the participant's service plan. Residential
			 habilitation is covered when a participant requires ongoing services and
			 supports delivered to a participant in a provider-operated 24-hour staffed
			 residential setting.
(B)
Nonpayable Services
. Residential habilitation is not
			 covered for participants who live with their immediate family unless the
			 immediate family (for example, grandparent, parent, sibling, or spouse) is also
			 eligible for residential habilitation and, if applicable, has received prior
			 authorization from the MassHealth agency or its designee for residential
			 habilitation. The following waiver services are not available to participants
			 receiving residential habilitation: assisted living, shared living - 24 hour
			 supports.
(C)
Payer for
			 Residential Habilitation
. DDS is responsible for payment to
			 providers for residential habilitation.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.427 - Respite

Current through Register 1525, July 5, 2024
(A)
Conditions of
			 Payment
. Respite care is covered solely to provide temporary
			 relief to non-paid caregivers when the participant requires assistance with
			 activities related to independent living.
(B)
Nonpayable
			 Services
.
(1) Respite care is
			 not covered for the purpose of compensating relief or substitute staff for a
			 paid service provider.
(2) Respite
			 care is not covered for any time period during which other assistance with
			 activities related to independent living is available to a
			 participant.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.428 - Shared Home Supports

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Shared home supports provide daily
			 structure, skills training and supervision, but do not include 24-hour
			 care.
(2) The shared home supports
			 provider must match a participant with a shared home supports caregiver. The
			 caregiver must live with the participant at the residence of the caregiver or
			 the participant.
(3) Shared home
			 supports include supportive services that assist with the acquisition,
			 retention, or improvement of skills related to living in the community. This
			 includes such supports as: adaptive skills development, assistance with ADLs
			 and IADLs, adult educational supports, and social and leisure skill
			 development.
(4) The shared home
			 supports provider must provide regular and ongoing oversight and supervision of
			 the caregiver.
(5) Shared home
			 supports may be provided to no more than two participants in a home.
(6) In the event the shared home supports
			 caregiver is temporarily unavailable or unable to provide care, the shared home
			 supports provider may bill for short-term alternative shared home support days
			 in accordance with all applicable guidance issued by the MassHealth agency or
			 its designee, during which time the staff qualifications and site requirements
			 remain the same.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.429 - Shared Living - 24 Hour Supports

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Shared living - 24 hour supports is a
			 residential service that provides 24-hour, seven days per week supportive
			 services.
(2) Shared living - 24
			 hour supports integrates the participant into the usual activities of the
			 caregiver's family life. In addition, there will be opportunities for learning,
			 developing and maintaining skills including in such areas as ADLs, IADLs,
			 social and recreational activities, and personal enrichment.
(3) The caregiver lives with the participant
			 at the residence of the caregiver or the participant. Shared living agencies
			 recruit caregivers, assess their abilities, coordinate placement of participant
			 or caregiver, train and provide guidance, supervision and oversight for
			 caregivers and provide oversight of participants' living situations. The
			 caregiver may not be a legally responsible family member.
(4) The shared living - 24 hour supports
			 provider must provide regular and ongoing oversight and supervision of the
			 caregiver.
(5) Shared living - 24
			 hour supports may be provided to no more than two participants in a
			 home.
(6) In the event the shared
			 living caregiver is temporarily unavailable or unable to provide care, the
			 shared living agency may bill for short-term alternative shared living - 24
			 hour support days in accordance with all applicable guidance issued by the
			 MassHealth agency or its designee, during which time the staff qualifications
			 and site requirements remain the same.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.430 - Skilled Nursing

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Skilled nursing services
			 listed in a participant's service plan must be provided within the scope of the
			 State's Nurse Practice Act at M.G.L. c. 112 and the Registered Nurse and
			 Licensed Practical Nurse regulations at
			 244 CMR 3.00:
Registered Nurse and Licensed Practical Nurse
.
(B)
Nonpayable
			 Services
.
(1) Skilled nursing
			 services are limited to one skilled nursing visit per week per participant. The
			 MassHealth agency or its designee may authorize an exception to the limit on a
			 temporary basis to facilitate transitions to a community setting, to ensure
			 that a participant at risk for medical facility admission is able to remain in
			 the community, or to otherwise stabilize a participant's medical
			 condition.
(2) Skilled nursing
			 services are not covered when duplicative nursing services are provided to the
			 participant.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.431 - Specialized Medical Equipment

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Covered specialized medical
			 equipment includes devices, controls, or appliances that enable a participant
			 to increase their ability to perform daily living activities or to perceive,
			 control, or communicate with the environment or to perceive or communicate with
			 other people; medical equipment necessary to address physical conditions or
			 participant functional limitations; and ancillary supplies and equipment
			 necessary for the proper functioning of specialized items. This service may
			 also include evaluation, customization, maintenance or repairs, temporary
			 replacement, and training for the participant or caregiver in the use of the
			 equipment. Specialized medical equipment must:
(1) meet applicable standards of manufacture,
			 design, and installation; and
(2)
			 have been examined or tested by Underwriters Laboratories (or other appropriate
			 organization), and comply with Federal Communications Commission regulations,
			 as appropriate.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.432 - Supported Employment

Current through Register 1525, July 5, 2024
(A)
Service Limitations
. When supported employment
			 services are provided at a work site where persons without disabilities are
			 employed, MassHealth payment is made only for the adaptations, supervision, and
			 training required by participants as a result of their disabilities.
(B)
Nonpayable
			 Services
.
(1) Payment for
			 supported employment does not include incentive payments, subsidies, or
			 unrelated vocational training expenses including, but not limited to, the
			 following exclusions:
(a) incentive payments
			 made to an employer to encourage or subsidize the employer's participation in a
			 supported employment program;
(b)
			 payments that are passed through to users of supported employment programs; or
(c) payments for training that is
			 not directly related to a participant's supported employment needs.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.433 - Supportive Home Care Aide

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
. Supportive home care aide is
			 covered when a participant needs assistance with ADLs and IADLs, in addition to
			 providing emotional support, socialization, and escort services to participants
			 with Alzheimer's Disease/Dementia or behavioral health needs.
(B)
Nonpayable
			 Services
.
(1) Supportive home
			 care aide services are not covered when duplicative services are provided to
			 the waiver participant.
(2)
			 Homemaker, home health aide, personal care, adult companion, individual support
			 and community habilitation, and supportive home care aide services, in
			 combination are limited to no more than 84 hours per week. The MassHealth
			 agency or its designee may grant exceptions to the limit on a 90-day basis in
			 order to maintain a participant's tenure in the community, to provide respite
			 to a caregiver who lives with the participant, to facilitate transitions to a
			 community setting, to ensure that a participant at risk for medical facility
			 admission is able to remain in the community, or to otherwise stabilize a
			 participant's medical condition. Exceptions may also be granted for
			 participants awaiting transition to a residential waiver. Exceptions to the 84
			 hours per week limit must be included in the participant's waiver plan of care.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.434 - Occupational Therapy, Physical Therapy, and Speech Therapy

Current through Register 1525, July 5, 2024
(A)
Occupational
			 Therapy
.
(1)
Conditions of Payment
. Occupational therapy is
			 covered when:
(a) authorized and included in
			 the participant's service plan;
(b)
			 appropriate and necessary for the participant to improve, develop, correct,
			 rehabilitate, or prevent the worsening of physical functions that have been
			 lost, impaired or reduced as a result of acute or chronic medical conditions,
			 congenital anomalies or injuries; or required to maintain or prevent the
			 worsening of function;
(c) the
			 participant's needs are of such a level of complexity and sophistication that
			 the judgment, knowledge, and skills of a licensed occupational therapist are
			 required;
(d) performed by a
			 licensed occupational therapist, or by a licensed occupational therapy
			 assistant under the supervision of a licensed occupational therapist;
			 and
(e) when the service is not
			 covered under
			 130 CMR
			 403.000:
Home Health Agency
,
			 130 CMR
			 432.000:
Therapist Services
, 130 CMR
			 430.600:
Rehabilitation Center Services
,
			 130 CMR 435.000:
Chronic Disease and Rehabilitation Inpatient Hospital
			 Services
, or
			 130 CMR 410.000:
Outpatient Hospital Services
.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.435 - Transitional Assistance

Current through Register 1525, July 5, 2024
(A)
Services and Expenses Included under Transitional Assistance
			 Services
. Transitional assistance consists of the following
			 items, when appropriate and necessary for the participant's discharge from a
			 nursing facility or hospital and safe transition to the community:
(1) assistance with housing search and
			 housing application processes;
(2)
			 security deposits that are required to obtain a lease on an apartment or
			 home;
(3) assistance arranging for
			 and supporting the details of the move;
(4) essential personal household furnishings
			 required to occupy and use a community domicile, including furniture, window
			 coverings, food preparation items, and bed/bath linens;
(5) set-up fees or deposits for utility or
			 service access, including telephone, electricity, heating, and water;
(6) services necessary for the individual's
			 health and safety, such as pest eradication and one-time cleaning prior to
			 occupancy;
(7) moving
			 expenses;
(8) home accessibility
			 adaptations; and
(9) activities to
			 assess need, arrange for, and procure resources related to personal household
			 expenses, specialized medical equipment, or community services.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.436 - Transportation

Current through Register 1525, July 5, 2024
(A)
Driver and Vehicle
			 Requirements
.
(1) All drivers
			 must have a valid driver's license, appropriate for the type and class of
			 vehicle used to transport HCBS waiver participants.
(2) All vehicles must be insured and
			 documentation of vehicle and liability insurance must be provided.
(3) Transportation providers must provide
			 written certification of:
(a) vehicle
			 maintenance;
(b) age of vehicles;
			 and
(c) passenger capacity of
			 vehicles.
(4)
			 Transportation providers must be duly registered with the Massachusetts
			 Registry of Motor Vehicles and must meet all safety and inspection requirements
			 of the Registry.
(5) All accessible
			 vehicles specifically equipped to carry one or more persons who are
			 mobility-impaired or using a wheelchair must be equipped with applicable safety
			 equipment to secure a wheelchair and all drivers must be trained in the use of
			 vehicle lifts and safety equipment.
(6) All vehicles must be maintained in such a
			 manner as to ensure the safety and comfort of the passengers being transported.
			 Such vehicles must be clean, sanitary, vermin free, and protected against
			 motor-exhaust fumes. The vehicle must carry no more than the number of
			 passengers for which it was designed, in accordance with local town or city
			 regulations where the vehicle is licensed.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.437 - Vehicle Modification

Current through Register 1525, July 5, 2024
(A)
Conditions of Payment
.
(1) Vehicle modifications, to an automobile
			 or van which is the participant's primary means of transportation, are covered
			 when such adaptations or alterations are:
(a)
			 made in order to accommodate the special needs of the participant;
(b) necessary to enable the participant to
			 integrate more fully into the community; and (c) required to ensure the health,
			 welfare, and safety of the participant.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.438 - Location Requirements for HCBS Waiver Providers

Current through Register 1525, July 5, 2024
(A) Any location where HCBS waiver services
			 are provided must comply with applicable site requirements established by DDS
			 or MRC for the provision of HCBS waiver services. In addition, the location
			 must be integrated in and support full access of participants receiving HCBS
			 waiver services to the greater community, including opportunities to seek
			 employment and work in competitive integrated settings, engage in community
			 life, control personal resources, and receive services in the community to the
			 same degree of access as individuals not receiving HCBS waiver
			 services.
(B) Any location where
			 HCBS waiver services are provided must meet all applicable requirements of
			 42 CFR
			 441.301(c)(4) (Home and
			 Community-based Settings Rule).
(C)
			 Any location that is owned or operated by an HCBS waiver provider where HCBS
			 waiver services are provided must meet all applicable building, sanitary,
			 health, safety, and zoning requirements.
(1)
			 All HCBS waiver providers must ensure that the location in which HCBS waiver
			 services are provided is clean, environmentally safe, free of vermin and
			 obvious fire and chemical hazards, maintained in accordance with common fire
			 safety practices, and of sufficient size to accommodate comfortably the number
			 of individuals and staff it serves. Any objects or conditions that represent a
			 fire hazard greater than that which could be expected of ordinary household
			 furnishings is not permitted.
(2)
			 All HCBS waiver providers must ensure that the location in which HCBS waiver
			 services are provided is a barrier-free environment in those areas used by
			 persons with substantial mobility impairment, to the extent necessary to permit
			 access to the supports, services, personal, and common areas. A location is
			 deemed barrier free, in whole or part, if it meets the applicable standards of
			 521 CMR:
Architectural Access Board
as adopted in 780 CMR:
State Board of Building Regulations and Standards
.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.439 - Personnel Requirements and Responsibilities of HCBS Waiver Providers

Current through Register 1525, July 5, 2024
The requirements in 130 CMR 630.439 apply to HCBS waiver
				providers in
				130 CMR 630.404(D)
				 that have personnel, including employees,
				independent contractors, and volunteers, providing HCBS waiver services to
				participants.
(A)
Personnel
			 Hiring Requirements
. Each HCBS waiver provider must:
(1) check the candidate's references and job
			 history and ensure that the candidate meets all of the required experience,
			 education, and qualifications before hiring;
(2) conduct a Criminal Offender Records
			 Information (CORI) check and determine whether any offender records may
			 disqualify any personnel from contact with participants;
(3) ensure that all personnel are
			 appropriately trained and managed;
(4) have available at all times a sufficient
			 number of educated, experienced, trained, and competent personnel to provide
			 services to persons with acquired brain injuries;
(5) evaluate personnel annually using
			 standardized evaluation measures; and
(6) maintain a record of each performance
			 evaluation in a separate personnel file for each person.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.440 - Withdrawal by an HCBS Waiver Provider from MassHealth

Current through Register 1525, July 5, 2024
An HCBS waiver provider that intends to withdraw from
				MassHealth must satisfy all of the requirements set forth in 130 CMR
				630.440.
(A)
MassHealth
			 Agency Notification
.
(1) An HCBS
			 waiver provider electing to withdraw from participation in MassHealth must give
			 written notice of its intention to withdraw to the MassHealth agency. The HCBS
			 waiver provider must send the withdrawal notice by certified or registered mail
			 (return receipt requested) to the MassHealth agency. The notice must be
			 received by the MassHealth agency no fewer than 90 days before the effective
			 date of withdrawal.
(2) If such
			 withdrawal results from a situation beyond the control of the HCBS waiver
			 provider, such as fire or natural or unnatural disaster, the HCBS waiver
			 provider must notify the MassHealth agency or its designee immediately by phone
			 and follow up in writing within three calendar days. The burden of proof to
			 demonstrate an emergency is the responsibility of the HCBS waiver
			 provider.
Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services › Section 630.441 - Recordkeeping Requirements

Current through Register 1525, July 5, 2024
In addition to the recordkeeping requirements set forth in
				130 CMR
				450.205:
Recordkeeping and
				Disclosure
, all HCBS waiver providers must maintain a record for each
				participant receiving care and services that includes the following
				information:
(A) the member's name,
			 member identification number, address, sex, age, and next of kin;
(B) the care plan for the specific service
			 being provided, including information about coordination with other services,
			 as appropriate;
(C) complete
			 documentation of all services provided and events that occurred while providing
			 HCBS waiver services;
(D) for
			 products and materials, a copy of the original invoice showing the cost to the
			 HCBS waiver provider, copies of written warranties, and any
			 discounts;
(E) for transportation,
			 the originating location, destination, and mileage of all trips; and
(F) other documentation as may be specified
			 by EOHHS, DDS, or MRC.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 10.00 - Weighing, Sorting And Culling Of Fish › Section 10.01 - Culling of Fish in All Ports

Current through Register 1525, July 5, 2024
Haddock
over 2½ lbs.
Scrod Haddock
1 to 2½ lbs.
Cod, Extra Large
over 25 lbs.
Large Cod
10 to 25 lbs., inclusive
Market Cod
over 2½ lbs. to 10 lbs.
Scrod Cod
1 to 2½ lbs., inclusive
Lemon Sole
over 3½ lbs.
Black Backs
1 to 3½ lbs.
Small Black Backs
under 1 lb.
Grey Sole
2 lbs. and over
Small Grey Sole
under 2 lbs.
Yellow Tails*
Dabs
1 lb. and over
Small Dabs
under 1 lb.
Pollack
4 lbs. and over
Scrod Pollack
1½ lbs. to 4 lbs.
Large Fluke
4 lbs. and over
Medium Fluke
3 to 4 lbs.
Small Fluke
1½ lbs. to 3 lbs.
Large Hake
6 lbs. and over
Medium Hake
over 2½ to 6 lbs.
Small Hake
1½ to 2½ lbs., inclusive
Cusk
over 3 lbs
Scrod Cusk
1½ to 3 lbs., inclusive
Tilefish
over 3 lbs.
Kittens
3½ lbs. and under
Halibut, Extra Large
over 125 lbs.
Large Halibut
60 to 125 lbs.
Medium White Halibut
12 to 60 lbs.
Chicken Halibut
7 to 12 lbs.
Snapper Halibut
under 7 lbs.
Medium Grey Halibut
12 to 60 lbs.
Large Mackerel
2¼ lbs. and over
Medium Mackerel
1½ to 2¼ lbs.
Small Mackerel
1 to 1½ lbs.
Tinker Mackerel
½ to 1 lb.
Tack Mackerel
under ½ lb.
Butterfish
325 fish or less per 100 lbs.
Small Butterfish
more than 325 fish per 100 lbs.
Redfish
120 fillets or less per 10 lbs.
Medium Redfish
over 120 fillets to 150 fillets per 10 lbs.
Small Redfish
over 150 fillets per 10 lbs.
Whiting
no cull but designated "round" or "h. & g"
Swordfish
over 110 lbs.
Baby Swordfish
110 lbs. and under
Scallops
9 lbs. per gal., no cull
* Note - Yellow Tails: ¾ lbs. and over -- In the alternative
				by the average number of fish per 125 lb. box.
(a) up to 110;
(b) 111 to 130;
(c) 131 to 150;
(d) 151 to 170;
(e) 171 to 190.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 10.00 - Weighing, Sorting And Culling Of Fish › Section 10.02 - Weighing of Fish

Current through Register 1525, July 5, 2024
In all ports, an allowance shall be made for tare weight of ½
				lb. per bag on scallops. Tare weights of vehicles, barrels, boxes or other
				containing units shall be regularly taken. All weighing operations shall be in
				accordance with 202 CMR (Division of Standards).
In the Port of Boston, an allowance of 5% for ice and other foreign
				substance shall be made in bulk weighing, except in the circumstance where an
				abnormally large amount of ice is in the fish a percentage allowance may be mutually
				agreed upon by the buyer and the seller.
In the Port of Gloucester, on Grey Sole and Dabs, an allowance for
				ice and other foreign substance of ten lbs. per 250 lb. barrel of fish shall be made
				unless other allowance is mutually agreed upon by the buyer and the seller. No
				allowance to be made for ice and other foreign substance on Ground Fish. In the Port
				of New Bedford, on Ground Fish and Flounders, an allowance shall be made of four
				lbs. per 100 lb. box or basket for ice or other foreign substance.
St. 1969, c. 704 transferred the responsibility for adopting such
				regulations to the Secretary of Consumer Affairs. The law provided that the
				regulations adopted by the Commissioner of Labor and Industries would be in effect
				until superseded, revised, rescinded or canceled in accordance with St. 1969, c.
				704.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.01 - Purpose and Definitions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 201 CMR 11.00 is promulgated
			 pursuant to the M.G.L. c. 90, § 7N¼ (Used Car Warranty Law) and
			 7N½ (New Car Lemon Law). It sets forth the procedures for operation of
			 state-certified new and used car arbitration and is designed to promote the
			 speedy, efficient, and fair disposition of disputes arising out of defective
			 new and used motor vehicles.
(2)
Definitions
. Unless otherwise stated, terms used in
			 201 CMR 11.00 are as defined
			 or used in M.G.L. c. 90, § 7N¼ and 7N½.
Arbitrator or arbitration firm
means
				the individual or entity appointed by the Director of Consumer Affairs and
				Business Regulation to conduct state-certified new and used car
				arbitrations.
Award/appeal period
means the period
				for compliance with or appeal of a finding in favor of the consumer as set
				forth in M.G.L. c. 90, § 7N¼ and 7N½ (3)(A)(iii).
Continuing costs:
means all incidental
				costs accrued during that period after the hearing and before the consumer has
				been tendered a full refund or replacement vehicle as ordered while the
				consumer is still in possession of the defective vehicle.
New motor vehicle or new car
means a
				motor vehicle covered by or subject to M.G.L. c. 90, § 7N½.
OCABR
means the Office of Consumer
				Affairs and Business Regulation.
Used motor vehicle or used car
means a
				motor vehicle covered by or subject to M.G.L. c.90, §
				7N¼.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.02 - Arbitration Requests

Current through Register 1525, July 5, 2024
(1) To apply
			 for state certified arbitration a consumer must submit a "request for
			 arbitration" form, which will be supplied on request by the Office of Consumer
			 Affairs and Business Regulation (OCABR).
(2) To be accepted for new car arbitration,
			 the request for arbitration must:
(a) be
			 submitted on the designated form and received by the arbitration firm or OCABR
			 within 18 months of the date the owner took possession of the motor vehicle
			 (for new cars);
(b) state that the
			 consumer believes the motor vehicle's use, market value, or safety is
			 substantially impaired by the nonconformity(s) complained of;
(c) state that the nonconformity(s)
			 complained of is not the result of owner negligence, damage caused by accident
			 (except as a result of the nonconformity(s)), vandalism, attempts to repair the
			 vehicle by a person other than the manufacturer, its agent or authorized
			 dealer, or any attempt to substantially modify the vehicle without the
			 manufacturer's authorization;
(d)
			 state that the consumer either gave the manufacturer, the agent or authorized
			 dealer at least three attempts to correct the same substantial defect, or that
			 the vehicle was out of service by reason of repair for at least 15 business
			 days within the term of protection;
(e) state that the consumer gave the
			 manufacturer its seven business day final opportunity to cure the
			 non-conformity(s) after the limits set forth in 201 CMR 11.02(2)(d) were met or
			 exceeded;
(f) include a narrative
			 description of the claimed nonconformity(s) and a chronology of the repair
			 attempts;
(g) be in compliance with
			 all other rules, regulations, procedures and provisions of law.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.03 - Processing of Arbitration Forms

Current through Register 1525, July 5, 2024
(1)
			 Submitted arbitration forms will be date-stamped and assigned a case number
			 upon receipt. A request for arbitration form shall be deemed to be timely filed
			 if it is date-stamped or post marked within the respective time periods
			 provided for in M.G.L. c. 90, §§ 7N¼ and
			 7N½
.
(2)
			 New and used car arbitration request forms shall be reviewed for completeness
			 and compliance with
			 201 CMR 11.02(2) and
			 (3), respectively.
(a) Incomplete forms shall be returned to the
			 consumer promptly for completion. Such forms when completed must be received by
			 the OCABR or arbitration firm within 30 days or the consumers period of
			 eligibility for filing the request, whichever is later. The arbitration firm
			 may reject a request that is not timely returned.
(b) Forms found not in compliance with
			 201 CMR
			 11.02 will be rejected, with the reason for
			 rejection sent to the consumer.