Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services
Section 630.440 - Withdrawal by an HCBS Waiver Provider from MassHealth

(1) An HCBS waiver provider electing to withdraw from participation in MassHealth must give written notice of its intention to withdraw to the MassHealth agency. The HCBS waiver provider must send the withdrawal notice by certified or registered mail (return receipt requested) to the MassHealth agency. The notice must be received by the MassHealth agency no fewer than 90 days before the effective date of withdrawal.

(2) If such withdrawal results from a situation beyond the control of the HCBS waiver provider, such as fire or natural or unnatural disaster, the HCBS waiver provider must notify the MassHealth agency or its designee immediately by phone and follow up in writing within three calendar days. The burden of proof to demonstrate an emergency is the responsibility of the HCBS waiver provider.

(1) The HCBS waiver provider must notify all participants, guardians, emergency contacts, and other funding sources in writing of the intended closing date no fewer than 90 days before the intended closing date and specify the assistance to be provided to each participant in identifying alternative services.

(2) On the same date on which the HCBS waiver provider sends a withdrawal notice to the MassHealth agency, the provider must give notice, in hand, to the participants it serves and their authorized representatives. The notice must advise any participant that on the effective date of the withdrawal, the participant must locate another HCBS waiver provider participating in MassHealth to ensure continuation of HCBS waiver services.

(3) The notice must also state that the HCBS waiver provider will work promptly and diligently to arrange for the transfer of participants to other MassHealth-participating HCBS waiver providers or, if appropriate, to alternative community-service providers.