101 CMR, § 359.01

Current through Register 1538, January 3, 2025
Section 359.01 - General Provisions
(1)Scope. 101 CMR 359.00 governs the payment rates, effective as provided under 101 CMR 359.03 for services in four Home and Community-based Services (HCBS) Waivers purchased by a governmental unit. The four HCBS Waivers are: Acquired Brain Injury Non-residential Habilitation (ABI-N) Waiver, Acquired Brain Injury Residential Habilitation (ABI-RH) Waiver, Moving Forward Plan Community Living (MFP-CL) Waiver, and Moving Forward Plan Residential Supports (MFP-RS) Waiver. Listed in 101 CMR 359.01(1)(a) through (d) are the waiver services available in each waiver.
(a) ABI-N Waiver Services:
1. Adult Companion
2. Assistive Technology
3. Chore Services
4. Community-based Day Supports
5. Community Family Training
6. Community Support & Navigation
7. Day Services
8. Home Accessibility Adaptations
9. Home Delivered Meals
10. Home Health Aide
11. Homemaker
12. Independent Living Supports
13. Individual Support and Community Habilitation
14. Laundry
15. Occupational Therapy
16. Orientation and Mobility Services
17. Peer Support
18. Personal Care
19. Physical Therapy
20. Prevocational Services
21. Respite Services
22. Shared Home Supports
23. Skilled Nursing
24. Specialized Medical Equipment
25. Speech Therapy
26. Supported Employment
27. Supportive Home Care Aide
28. Transitional Assistance
29. Vehicle Modification
30. Transportation
(b)ABI-RH Waiver Services:
1. Assisted Living Services
2. Assistive Technology
3. Community-based Day Supports
4. Community Support & Navigation
5. Day Services
6. Home Accessibility Adaptations (available only in Shared Living - 24-hour Supports)
7. Individual Support and Community Habilitation
8. Occupational Therapy
9. Orientation and Mobility Services
10. Peer Support
11. Physical Therapy
12. Prevocational Services
13. Residential Family Training
14. Residential Habilitation
15. Shared Living - 24-Hour Supports
16. Skilled Nursing
17. Specialized Medical Equipment
18. Speech Therapy
19. Supported Employment
20. Transitional Assistance
21. Transportation
(c)MFP-CL Waiver Services:
1. Adult Companion
2. Assistive Technology
3. Chore Services
4. Community-based Day Supports
5. Community Family Training
6. Community Support and Navigation
7. Day Services
8. Home Accessibility Adaptations
9. Home Delivered Meals
10. Home Health Aide
11. Homemaker
12. Independent Living Supports
13. Individual Support and Community Habilitation
14. Laundry
15. Occupational Therapy
16. Orientation and Mobility Services
17. Peer Support
18. Personal Care
19. Physical Therapy
20. Prevocational Services
21. Respite Services
22. Shared Home Supports
23. Skilled Nursing
24. Specialized Medical Equipment
25. Speech Therapy
26. Supported Employment
27. Supportive Home Care Aide
28. Transportation
29. Transitional Assistance
30. Vehicle Modification
(d) MFP-RS Waiver Services:
1. Assisted Living Services
2. Assistive Technology
3. Community-based Day Supports
4. Community Support and Navigation
5. Day Services
6. Home Accessibility Adaptations (available only in Shared Living - 24-hour Supports)
7. Individual Support and Community Habilitation
8. Occupational Therapy
9. Orientation and Mobility Services
10. Peer Support
11. Physical Therapy
12. Prevocational Services
13. Residential Family Training
14. Residential Habilitation
15. Shared Living - 24-hour Supports
16. Skilled Nursing
17. Specialized Medical Equipment
18. Speech Therapy
19. Supported Employment
20. Transitional Assistance
21. Transportation
(2)Applicable Dates of Service. Rates contained in 101 CMR 359.00 apply for dates of service on or after July 1, 2023.
(3)Disclaimer of Authorization of Services. 101 CMR 359.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 359.00. Governmental units that purchase MFP Waiver Services and/or ABI Waiver Services are responsible for the definition, authorization, and approval of services extended to participants.
(4)Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 359.00.
(5)Coding Updates and Corrections. EOHHS may publish service code updates and corrections by administrative bulletin. Updates may reference coding systems including, but not limited to, the American Medical Association's Current Procedural Terminology (CPT) and Healthcare Common Procedure Coding System (HCPCS) maintained by the Centers for Medicare and Medicaid Services (CMS). The publication of such updates and corrections will list
(a) codes for which only the code numbers change, with the corresponding cross references between existing and new codes;
(b) deleted codes for which there are no corresponding new codes; and
(c) codes for entirely new services that require pricing. These codes will be paid on an individual consideration basis until rates are established.

101 CMR, § 359.01

Adopted by Mass Register Issue S1331, eff. 1/27/2017.
Amended by Mass Register Issue 1424, eff. 8/21/2020.
Amended by Mass Register Issue 1499, eff. 7/7/2023.