130 CMR, § 409.412

Current through Register 1536, December 6, 2024
Section 409.412 - MassHealth Procurements and Subcontracted Services
(A) The MassHealth agency, in accordance with M.G.L. c. 118E, § 12, may issue procurements seeking qualified DME providers or suppliers to submit applications for consideration, in accordance with policies set by EOHHS.
(B)Subcontracted Services. A DME provider may subcontract with other entities to provide DME. The DME provider continues to be responsible for complying with 130 CMR 450.000: Administrative and Billing Regulations and 130 CMR 409.000, when activities are performed by a subcontractor. The subcontract must be in writing and must contain, at a minimum, the following:
(1) names, addresses, phone numbers, and contact names for both companies;
(2) the contract term (begin and end dates);
(3) a description of the DME covered under the subcontract, including the cost of each item;
(4) signatures of both parties, including signature dates and position titles;
(5) an established credit limit that is reasonable, based on the value of the products and services to be provided by the contractor. Collect on delivery (COD) terms are not acceptable; and
(6) provisions requiring the subcontractor to meet all applicable requirements specified in 130 CMR 409.404 and 409.405.
(C) A DME provider must ensure that its subcontractors of DME meet all applicable requirements specified in 130 CMR 409.404 and 409.405.

130 CMR, § 409.412

Amended by Mass Register Issue 1449, eff. 8/6/2021.
Amended by Mass Register Issue 1454, eff. 8/6/2021.
Amended by Mass Register Issue 1472, eff. 7/1/2022.
Amended by Mass Register Issue 1532, eff. 10/1/2024 (EMERGENCY).