Section 438.421 - Denial of Services and Administrative Review(A) A failure or refusal by a CSN agency to furnish services that have been ordered by the member's attending physician or ordering non-physician practitioner and are within the range of payable services, constitutes a violation of 130 CMR 438.000 for which administrative sanctions may be imposed, with the exception of instances where the CSN agency does not have nursing availability to provide services.(B) When a CSN agency believes that services ordered by the attending physician or ordering non-physician practitioner are not payable under 130 CMR 438.000, the CSN agency must refer the matter to the MassHealth agency for a payment decision. If and to the extent the MassHealth agency determines that the ordered services are payable, the CSN agency must provide those services.Adopted by Mass Register Issue 1459, eff. 1/1/2022.Amended by Mass Register Issue 1478, eff. 9/16/2022.Amended by Mass Register Issue 1500, eff. 7/21/2023.Amended by Mass Register Issue 1529, eff. 8/30/2024.