Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 422.000 - Personal Care Attendant Services
Section 422.404 - Provider Eligibility
Universal Citation: 130 MA Code of Regs 130.422
Current through Register 1531, September 27, 2024
(A) Provider Qualifications.
(1)
Personal Care
Attendants. To provide personal care attendant (PCA) services
described in 130 CMR 422.411(A) and the service agreement established pursuant
to 130 CMR 422.423, the PCA must
(a) be
legally authorized to work in the United States;
(b) not be on the List of Excluded
Individuals and Entities as provided by the Office of Inspector General of the
U.S. Department of Health and Human Services, or other applicable lists
excluding individuals or entities from participating in MassHealth under state
or federal law;
(c) have a current
and valid PCA provider number;
(d)
be employed by a member to provide PCA services. To be eligible to be employed
by a member to provide PCA services, a PCA must:
1. not be a family member, as defined in 130
CMR 422.402;
2. not be the member's
surrogate;
3. not be the member's
foster parent;
4. be able to
understand and carry out directions given by the member or the member's
surrogate;
5. be willing to receive
training and supervision in all PCA services provided by the member or the
member's surrogate;
6. not be
receiving compensation from any other person or entity for that activity time;
and
7. enter into a PCA provider
agreement to perform PCA services.
(2)
Providers of Transitional
Living Services. To provide transitional living services described
in 130 CMR 422.431 through 422.441, the organization must:
(a) submit a proposal for review by the
MassHealth agency in accordance with MassHealth's proposal
requirements;
(b) obtain written
authorization from the MassHealth agency to become a MassHealth provider of
transitional living services;
(c)
demonstrate the appropriate licensure or program accreditation by a recognized
body for the provider's type of program; and
(d) obtain a MassHealth provider
number.
(B) Scope of Services.
(1)
Personal Care
Attendants. Individuals who provide PCA services must provide
services in accordance with 130 CMR 422.000 and the scope of services described
under 130 CMR 422.419(C) and the service agreement established pursuant to 130
CMR 422.423.
(2)
Transitional Living Services. Organizations that
provide transitional living services must provide services in accordance with
130 CMR 422.431 through 422.441, and in accordance with the MassHealth agency's
proposal requirements for transitional living services.
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