130 Mass. Reg. 415.402

Current through Register 1522, May 24, 2024
Section 415.402 - Definitions

The following terms used in 130 CMR 415.000 have the meanings given in 130 CMR 415.402 unless the context clearly requires a different meaning. The reimbursability of services defined in 130 CMR 415.402 is not determined by these definitions, but by application of regulations elsewhere in 130 CMR 415.000, and in 130 CMR 410.000: Acute Outpatient Hospital Services and 450.000: Administrative and Billing Regulations.

Abuse -- a non-accidental physical injury to an individual inflicted by another person that causes or creates a substantial risk of death or protracted impairment of any bodily organ or function; or the commission of sex offenses against an individual, as defined in the criminal laws of Massachusetts.

Acute Inpatient Hospital -- a facility that is licensed as a hospital by the Massachusetts Department of Public Health and that provides diagnosis and treatment for patients who have any of a variety of medical conditions requiring daily physician intervention as well as full-time availability of physician services; however, this does not include any facility that is licensed as a chronic disease and rehabilitation hospital, any hospital that is licensed primarily to provide mental health services, or any unit of a facility that is licensed as a nursing facility, a chronic disease unit, or a rehabilitation unit.

Administrative Day -- a day of inpatient hospitalization on which a member's care needs can be provided in a setting other than an acute inpatient hospital as defined in 130 CMR 415.402 and on which a member is clinically ready for discharge.

Agent -- a party designated by the MassHealth agency to act on its behalf in instances when the MassHealth agency itself does not perform the required function.

Child and Adolescent Needs and Strengths (CANS) - a tool that provides a standardized way to organize information gathered during behavioral-health clinical assessments. A Massachusetts version of the tool has been developed and is intended to be used as a treatment decision support tool for behavioral-health providers serving MassHealth members under 21 years of age.

Cosmetic Surgery -- a surgical procedure that is performed for the exclusive purpose of altering appearance and is unrelated to disease or physical defect, or traumatic injury.

Day of Discharge -- the day on which a member leaves the hospital, regardless of the hour. The day of death is also considered the day of discharge. A leave-of-absence is not considered a discharge.

Discharge Planner -- a registered nurse or a social worker either licensed or eligible for and in the process of applying for licensure by the Commonwealth of Massachusetts whose primary responsibility is discharge planning.

Discharge-planning -- the coordinated effort of the discharge-planning staff of a hospital to locate appropriate placement for members who no longer require hospitalization.

DMH-licensed Bed - a bed in an acute inpatient hospital that is located in a unit licensed by the Department of Mental Health (DMH), pursuant to 104 CMR 27.00: Licensing and Operational Standards for Mental Health Facilities.

Hysterectomy - a medical procedure or operation for the purpose of removing the uterus.

Inpatient Admission -- the admission of a member to an acute inpatient hospital for the purposes of receiving inpatient services in that hospital.

Inpatient Services -- medical services provided to a member admitted to an acute inpatient hospital.

Institutionalized Individual - an individual who is

(1) involuntarily confined or detained, under a civil or criminal statute in a correctional or rehabilitative facility, including a psychiatric hospital or other facility for the care and treatment of mental illness; or

(2) confined, under a voluntary commitment, in a psychiatric hospital or other facility for the care and treatment of mental illness.

Leave of Absence Day -- a day during which a bed in an acute inpatient hospital is reserved for a member who leaves the facility and for whom no formal discharge and readmission procedures occur.

Length of Stay -- the duration of a member's inpatient hospital stay at a Medicare hospital level of care during a medical leave of absence.

Medical Leave of Absence -- an inpatient hospital stay of a member who is a resident of a nursing facility for up to ten consecutive days in a hospital at a Medicare hospital level of care. The day on which a member is transferred from a nursing facility to a hospital for an inpatient stay is the first day of the medical leave of absence from the nursing facility. The day on which a member is transferred from a hospital back to a nursing facility or is otherwise discharged to a noninstitutional setting is not a medical leave of absence day.

Medicare Hospital Level of Care -- a level of care that meets all criteria, as determined by the Centers for Medicare and Medicaid Services or its agent, for Medicare reimbursement for hospital care.

Mentally Incompetent Individual - an individual who has been declared mentally incompetent by a federal, state, or local court of competent jurisdiction for any purpose, unless the individual has been declared competent for purposes that include the ability to consent to sterilization.

Neglect -- failure by a financially able caretaker responsible for an individual to provide adequate food, clothing, shelter, education, medical care, proper supervision, or guardianship that results in the individual's present avoidable suffering. The caretaker is considered capable of adequately providing these necessities if the caretaker is financially able to do so or is offered other reasonable means to do so.

Nursing Facility -- a long-term-care institution that meets the provider eligibility requirements of 130 CMR 456.004: Requirements for Provider Participation: In-state or 456.005: Requirements for Provider Participation: Out-of-state and the certification requirements of 130 CMR 456.406: Medicare Certification Requirement.

Observation Services -- outpatient hospital services provided anywhere in an acute inpatient hospital, to evaluate a member's condition and determine the need for admission to an acute inpatient hospital. Observation services are provided under the order of a physician, consist of the use of a bed and intermittent monitoring by professional licensed clinical staff, and may be provided for more than 24 hours.

Outpatient Hospital Services -- medical services provided to a member in a hospital outpatient department. Such services include, but are not limited to, emergency services, primary-care services, observation services, ancillary services, day-surgery services, and recovery-room services.

Outpatient Services -- medical services provided to a member in an outpatient setting including but not limited to hospital outpatient departments, hospital-licensed health centers, physicians' offices, nurse practitioners' offices, freestanding ambulatory surgery centers, day treatment centers, or the member's home.

Reasonable Distance -- generally, 25 miles from the home or usual noninstitutional residence of the member. This definition does not preclude longer distances in such instances as, but not limited to, rural areas or in cases where the member has no family or regular visitors.

Reconstructive Surgery -- a surgical procedure that is performed to correct, repair, or ameliorate the physical effects of disease or physical defect (for example, correction of a cleft palate), or traumatic injury.

Sterilization - any medical procedure, treatment, or operation for the purpose of rendering an individual permanently incapable of reproducing.

Utilization Review Coordinator -- an individual responsible for utilization review in a hospital.

Working Days -- Monday through Friday except for legal holidays.

130 CMR 415.402

Amended by Mass Register Issue 1270, eff. 9/26/2014.
Amended by Mass Register Issue S1277, eff. 1/2/2015.