Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 438.000 - Continuous Skilled Nursing Agency
Section 438.422 - Prohibited Marketing Activities
Current through Register 1531, September 27, 2024
A CSN agency provider must not
(A) with the knowledge that a member is enrolled in a 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 capitated program in order to obtain services on a fee-for-service basis;
(B) offer to a member, or their family or caregivers, in person or through marketing any inducement to retain the CSN agency provider to provide CSN agency 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 CSN agency provider; or
(D) engage in any unfair or deceptive acts or practices in connection with any marketing.
