Section 409.431 - Prohibited Marketing ActivitiesA DME provider must not:
(A) with the knowledge that a member is enrolled in a MassHealth capitated program, engage in any practice that would reasonably be expected to have the effect of steering or encouraging the member to disenroll from the MassHealth capitated program in order to retain the provider to provide services on a fee-for-service basis;(B) offer to a member, or their family or caregivers, in-person or through marketing, any inducement to retain the provider to provide DME services, such as a financial incentive, reward, gift, meal, discount, rebate, giveaway, or special opportunity;(C) pay a "finder's fee" to any third-party in exchange for referring a member to the orthotic provider; or(D) engage in any unfair or deceptive acts or practices in connection with any marketing.Adopted by Mass Register Issue 1449, 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).