Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 359.00 - Rates for Home and Community Based Services
Section 359.01 - General Provisions

Universal Citation: 101 MA Code of Regs 101.359

Current through Register 1531, September 27, 2024

(1) Scope. 101 CMR 359.00 governs the payment rates, effective as provided under 101 CMR 359.03 for services in four Home and Community-based Services (HCBS) Waivers purchased by a governmental unit. The four HCBS Waivers are: Acquired Brain Injury Non-residential Habilitation (ABI-N) Waiver, Acquired Brain Injury Residential Habilitation (ABI-RH) Waiver, Moving Forward Plan Community Living (MFP-CL) Waiver, and Moving Forward Plan Residential Supports (MFP-RS) Waiver. Listed in 101 CMR 359.01(1)(a) through (d) are the waiver services available in each waiver.

(a) ABI-N Waiver Services:
1. Adult Companion

2. Assistive Technology

3. Chore Services

4. Community-based Day Supports

5. Community Family Training

6. Community Support & Navigation

7. Day Services

8. Home Accessibility Adaptations

9. Home Delivered Meals

10. Home Health Aide

11. Homemaker

12. Independent Living Supports

13. Individual Support and Community Habilitation

14. Laundry

15. Occupational Therapy

16. Orientation and Mobility Services

17. Peer Support

18. Personal Care

19. Physical Therapy

20. Prevocational Services

21. Respite Services

22. Shared Home Supports

23. Skilled Nursing

24. Specialized Medical Equipment

25. Speech Therapy

26. Supported Employment

27. Supportive Home Care Aide

28. Transitional Assistance

29. Vehicle Modification

30. Transportation

(b) ABI-RH Waiver Services:
1. Assisted Living Services

2. Assistive Technology

3. Community-based Day Supports

4. Community Support & Navigation

5. Day Services

6. Home Accessibility Adaptations (available only in Shared Living - 24-hour Supports)

7. Individual Support and Community Habilitation

8. Occupational Therapy

9. Orientation and Mobility Services

10. Peer Support

11. Physical Therapy

12. Prevocational Services

13. Residential Family Training

14. Residential Habilitation

15. Shared Living - 24-Hour Supports

16. Skilled Nursing

17. Specialized Medical Equipment

18. Speech Therapy

19. Supported Employment

20. Transitional Assistance

21. Transportation

(c) MFP-CL Waiver Services:
1. Adult Companion

2. Assistive Technology

3. Chore Services

4. Community-based Day Supports

5. Community Family Training

6. Community Support and Navigation

7. Day Services

8. Home Accessibility Adaptations

9. Home Delivered Meals

10. Home Health Aide

11. Homemaker

12. Independent Living Supports

13. Individual Support and Community Habilitation

14. Laundry

15. Occupational Therapy

16. Orientation and Mobility Services

17. Peer Support

18. Personal Care

19. Physical Therapy

20. Prevocational Services

21. Respite Services

22. Shared Home Supports

23. Skilled Nursing

24. Specialized Medical Equipment

25. Speech Therapy

26. Supported Employment

27. Supportive Home Care Aide

28. Transportation

29. Transitional Assistance

30. Vehicle Modification

(d) MFP-RS Waiver Services:
1. Assisted Living Services

2. Assistive Technology

3. Community-based Day Supports

4. Community Support and Navigation

5. Day Services

6. Home Accessibility Adaptations (available only in Shared Living - 24-hour Supports)

7. Individual Support and Community Habilitation

8. Occupational Therapy

9. Orientation and Mobility Services

10. Peer Support

11. Physical Therapy

12. Prevocational Services

13. Residential Family Training

14. Residential Habilitation

15. Shared Living - 24-hour Supports

16. Skilled Nursing

17. Specialized Medical Equipment

18. Speech Therapy

19. Supported Employment

20. Transitional Assistance

21. Transportation

(2) Applicable Dates of Service. Rates contained in 101 CMR 359.00 apply for dates of service on or after July 1, 2023.

(3) Disclaimer of Authorization of Services. 101 CMR 359.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 359.00. Governmental units that purchase MFP Waiver Services and/or ABI Waiver Services are responsible for the definition, authorization, and approval of services extended to participants.

(4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 359.00.

(5) Coding Updates and Corrections. EOHHS may publish service code updates and corrections by administrative bulletin. Updates may reference coding systems including, but not limited to, the American Medical Association's Current Procedural Terminology (CPT) and Healthcare Common Procedure Coding System (HCPCS) maintained by the Centers for Medicare and Medicaid Services (CMS). The publication of such updates and corrections will list

(a) codes for which only the code numbers change, with the corresponding cross references between existing and new codes;

(b) deleted codes for which there are no corresponding new codes; and

(c) codes for entirely new services that require pricing. These codes will be paid on an individual consideration basis until rates are established.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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