Code of Massachusetts Regulations
114 CMR - DIVISION OF HEALTH CARE FINANCE AND POLICY
Title 114.5 CMR 10.00 - Criteria and procedures for awarding one-time grants to non-profit providers of elder care services
Section 10.11 - Special Provisions
Universal Citation: 114.5 CMR 10.00 MA Code of Regs 10.11
Current through Register 1531, September 27, 2024
(1) Penalties for Diversion of Free Care Patients.
(a)
Diversion Subject to
Penalty. A diversion is subject to a penalty if:
1. the Division finds that an eligible
patient was transferred from one Hospital to another Hospital without the
consent of the receiving Hospital; and
2. the transfer was in violation of
EMTALA.
(b)
Eligible Patient. An eligible patient is either:
1. a patient that the transferring Hospital
knows is eligible for free care, or
2. a patient subsequently appropriately
determined by the receiving Hospital to be eligible for free care.
(c)
Penalties. The Division may assess a penalty, not to
exceed $10,000, for each improper diversion of a free care patient. Any amount
collected pursuant to 114. 6 CMR 10.00 shall be deposited into the
Uncompensated Care Fund.
(d)
Hospitals must maintain records sufficient to document consent for transfers of
free care patients to other Hospitals and must make such records available to
the Division upon request.
(e) The
Division will review complaints of improper diversion of free care patients and
may initiate an investigation based on such complaints. The Division may also
initiate an investigation based on Department of Public Health findings of
EMTALA violations, or its review of Free Care applications and claims data that
either indicates possible diversion of free care patients or demonstrates a
significant decrease in the volume of a hospital's free care claims.
(2) Administrative Bulletins. The Division may, from time to time, issue Administrative Information Bulletins to clarify its policy and understanding of substantive provisions of 114. 6 CMR 10.00. In addition, the Division may issue Administrative Information Bulletins which specify the information and documentation necessary to implement 114. 6 CMR 10.00.
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