Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 409.000 - Durable Medical Equipment Services
Section 409.431 - Prohibited Marketing Activities
Current through Register 1531, September 27, 2024
A DME provider must not:
(A) with the knowledge that a member is enrolled in a MassHealth capitated program, engage in any practice that would reasonably be expected to have the effect of steering or encouraging the member to disenroll from the MassHealth capitated program in order to retain the provider to provide services on a fee-for-service basis;
(B) offer to a member, or his or her family or caregivers, in-person or through marketing, any inducement to retain the provider to provide DME services, such as a financial incentive, reward, gift, meal, discount, rebate, giveaway, or special opportunity;
(C) pay a "finder's fee" to any third-party in exchange for referring a member to the orthotic provider; or
(D) engage in any unfair or deceptive acts or practices in connection with any marketing.
