Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 456.000 - Long Term Care Services
Section 456.452 - Notice of Withdrawal

(A) A nursing facility electing to withdraw from MassHealth must give written notice of its intention to withdraw to MassHealth, unless such withdrawal results from an emergency situation beyond the control of the provider such as fire or an act of God. In the instance of alleged emergency withdrawal, the burden of proof will be on the facility. The facility must send the withdrawal notice by certified or registered mail (with return receipt requested) or email to MassHealth's Office of Long-term Services and Supports not less than 90 days before the effective date of withdrawal.

(B) When a decision has been made to close a facility, the nursing facility must promptly complete a Relocation Assessment Form for each member. The forms must be sent to MassHealth's designated nurse reviewer. MassHealth will notify the facility of the results of the assessment.

(C) A facility must not admit any new MassHealth members after the date on which the withdrawal notice was sent to MassHealth. Residents of the facility who become eligible for MassHealth after the notice of withdrawal, MassHealth members who are hospitalized when the notice was sent, and members who are on nonmedical leaves of absence at the time the notice was sent are not considered new admissions.