Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 613.00 - Health Safety Net Eligible Services
Section 613.05 - Medical Hardship
Current through Register 1531, September 27, 2024
(1) Eligibility.
Income Level |
Percentage of Countable Income |
0 - 205% FPL |
10% |
205.1 - 305% FPL |
15% |
305.1 - 405% |
20% |
405.1 - 605% FPL |
30% |
>605.1% FPL |
40% |
(2) Eligibility Determination. An applicant for Medical Hardship must complete a Medical Hardship application and provide required documentation of Countable Income, documentation of Massachusetts residency, proof of identity, and detailed, itemized documentation of medical expenses. The Health Safety Net Office processes applications for Medical Hardship and verifies information contained in the application. Providers must assist the applicant to complete the Medical Hardship application and assemble the required documentation. Once the applicant has completed the application and assembled all of the required documentation, the Provider assisting the applicant must submit the completed application to the Health Safety Net office within five business days. If the Provider assisting the applicant fails to submit the completed application to the Health Safety Net Office within that time frame, the Provider may not undertake a Collection Action against the applicant with respect to any bills that would have been eligible for Medical Hardship payment had the application been submitted and approved. The Health Safety Net Office approves an application for Medical Hardship if the applicant's allowable medical expenses exceed the percentage of Countable Income listed above. If the applicant reports Countable Income less than or equal to 405% of the FPL, the applicant must submit an Application, with all required documentation. The Health Safety Net Office does not approve Medical Hardship applications for individuals reporting Countable Income less than or equal to 405% of the FPL unless the applicant has submitted an Application. The Health Safety Net Office does not make a determination on Medical Hardship applications for individuals reporting Countable Income less than or equal to 405% of the FPL until the Patient has received a determination related to the Application.
(3) Allowable Medical Expenses. The Health Safety Net Office determines the applicant's allowable medical expenses based on review of the submitted documentation. Allowable medical expenses may include only Medical Hardship Family medical bills from any health care Provider that, if paid, would qualify as deductible medical expenses for federal income tax purposes. Allowable medical expenses include paid and unpaid bills for services provided up to 12 months prior to the date of the Medical Hardship application for which the Patient is responsible. If a Patient does not receive an initial medical bill for more than nine months from when the services were provided, the bill may still be considered an allowable medical expense if a Medical Hardship application is submitted within 90 days of the date of the initial medical bill for the service. Allowable medical expenses do not include bills for services incurred while the applicant was a Low Income Patient unless the applicant was a Dental-only Low Income Patient on the date of service. Allowable medical expenses do not include bills for services incurred while the applicant was enrolled in MassHealth or the Premium Assistance Payment Program Operated by the Health Connector. Bills included in an approved Medical Hardship determination cannot be included in a subsequent Medical Hardship application.
(4) Payable Medical Expenses. The Health Safety Net pays only for the services described in 101 CMR 613.03(2) through (4). Other allowable medical expenses are not eligible for Health Safety Net payment.
(5) Medical Hardship Contribution.
(6) Notification of Determination. The Health Safety Net Office notifies applicants of the determination.
(7) Claims. When the Health Safety Net Office approves a Medical Hardship application, it notifies those Providers whose services were included in the documentation of medical expenses required under 101 CMR 613.05(2). To be eligible for payment for any such service, the Provider must submit a claim to the Health Safety Net Office within 18 months of the date of service. Payment of such claims is subject to all other requirements set forth in 101 CMR 613.00 and other applicable laws and regulations.