General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XVII. PUBLIC WELFARE |
CHAPTER 118E. DIVISION OF MEDICAL ASSISTANCE |
SECTION 1. Duties of office |
SECTION 2. Established authority |
SECTION 2A. Director of dental services |
SECTION 3 to 5. Repealed, 2003, 26, Sec. 308 |
SECTION 6. Medical care advisory committee; member; staff; report from office of Medicaid |
SECTION 7. Powers |
SECTION 8. Definitions |
SECTION 8A. Definitions for Secs. 13C to 13K and Secs. 64 to 70 |
SECTION 9. Eligibility |
SECTION 9A. MassHealth; beneficiaries; eligibility; payment; information applications |
SECTION 9B. Repealed, 2013, 35, Sec. 25 |
SECTION 9C. Medical insurance reimbursement programs; definitions; eligibility; expenditures; submission of plans |
SECTION 9D. Senior care options initiative; senior care organizations; enrollment choices; advisory committee; report |
SECTION 9E. Application for authority; implementation of measures; waiver of measures due to hardship |
SECTION 9F. Duals demonstration; review of request for financial solvency |
SECTION 10. Medical care assistance program for pregnant women and infants |
SECTION 10A. Required coverage for prenatal care, childbirth and postpartum care |
SECTION 10B. Required coverage for newborn hearing screening tests |
SECTION 10C. Required coverage for items medically necessary for the diagnosis or treatment of diabetes |
SECTION 10D. Required coverage for treatment of breast and cervical cancer |
SECTION 10E. Healthy start program; medical assistance for pregnant women and infants; eligibility; types of assistance; protection from billing and collection practices |
SECTION 10F. Health care services for dependent and adopted youths; funding; types of services; eligibility; program reports; no entitlement |
SECTION 10G. Coverage for children under age 18 for cleft lip and cleft palate |
SECTION 10H. Coverage for medically necessary treatments for persons younger than 21 years old diagnosed with an autism spectrum disorder by a licensed physician or a licensed psychologist |
SECTION 10I. Coverage for administration of all federal Food and Drug Administration approved drugs for opioid or alcohol dependence treatment |
SECTION 10J. Coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV associated lipodystrophy syndrome |
SECTION 10K. Coverage for certain services and contraceptive methods |
SECTION 10L. Filling of remaining portion of prescription for covered drug that is a narcotic substance earlier filled in lesser quantity |
SECTION 11. Cooperation with federal authorities |
SECTION 12. Policies; procedures; rules and regulations; contracts |
SECTION 13. Rate changes; review |
SECTION 13A. Non-acute hospitals; rates and terms of payment |
SECTION 13B. Hospital rate increases; quality standards and benchmarks |
SECTION 13C. Establishment of rates of payment for health care services |
SECTION 13D. Duties of ratemaking authority; criteria for establishing rates |
SECTION 13E. Appeals of interim or final rates |
SECTION 13E1/2. Contractual arrangements with acute and non-acute hospitals |
SECTION 13F. Contracts between acute and non-acute hospital service providers and office of Medicaid |
SECTION 13G. Hospital assets not to be considered as resources for purpose of establishing rates |
SECTION 13H. Recipients of benefits under chapter 117A |
SECTION 13I. Patients with foreign residency |
SECTION 13J. Health maintenance organizations; contracting rights |
SECTION 13K. Adjustment of facility's rate |
SECTION 14. Nursing home negotiated rate contracts |
SECTION 14A. Reimbursement to nursing homes for admissions to acute care and chronic disease or rehabilitation hospitals |
SECTION 15. Medicaid benefits; rules and regulations; managed care; personal expenses |
SECTION 16A. Medical care and assistance program for disabled children |
SECTION 16A1/2. Costs incurred for medical programs projected to exceed available appropriations; notice |
SECTION 16B. Repealed, 1996, 203, Sec. 16 |
SECTION 16C. Child health insurance program; medical benefits; costs; eligibility |
SECTION 16D. Aliens or persons residing in United States under color of law; benefits |
SECTION 17. Reimbursements for non-generic drugs |
SECTION 17A. Emergency services provided to beneficiaries for emergency medical conditions |
SECTION 18. Medical insurance purchases for persons eligible for assistance |
SECTION 19. Prior approval of medical services; methods; rules and regulations; posttreatment examinations |
SECTION 20. Application; forms; application by institution |
SECTION 21. Inquiry by department; notification of applicant; agreement |
SECTION 21A. Medical assistance eligibility of an institutionalized spouse |
SECTION 22. Third party payments; repayment; assignment; subrogation |
SECTION 23. Subrogation rights; health insurance benefits; garnishment of wages |
SECTION 23A. Financial institutions; request for deposit and withdrawal records; penalty |
SECTION 24. Repealed, 1996, 450, Sec. 157 |
SECTION 25. Exempt income and resources |
SECTION 26. Identification card |
SECTION 27. Redetermination of eligibility |
SECTION 28. Disposal of resources at less than fair market value; period of ineligibility |
SECTION 29. Transfer of interest in real property; notice |
SECTION 30. Time of payment |
SECTION 31. Adjustment or recovery of payments |
SECTION 32. Provision of death certificate and probate petition to division; liability of estate beneficiaries; claims against estate; sale or transfer of property subject to lien or claim |
SECTION 32A. Repealed, 2005, 6, Sec. 14 |
SECTION 33. Long term care insurance purchasers; liability for medical assistance paid |
SECTION 34. Liens and encumbrances |
SECTION 35. Reimbursement for covered claims; submission of information |
SECTION 36. Eligible providers; responsibility for overpayments |
SECTION 37. Distribution of rules, regulations to providers; administrative sanctions |
SECTION 38. Submission of bills by providers; appeals for erroneous denials; overpayments; civil collection actions |
SECTION 39. False representations, failure to disclose; penalty |
SECTION 40. False statements or representations by providers; penalty |
SECTION 41. Bribery or rebates; penalty |
SECTION 41A. Repealed, 2001, 177, Sec. 27 |
SECTION 42. Excess charges; penalty |
SECTION 43. Health care facilities; additional charges as precondition for admission or continuance; penalty |
SECTION 44. Civil remedies; limitations |
SECTION 45. Venue; actions relating to false claims |
SECTION 46. Availability of other remedies |
SECTION 46A. Providers; submission of claims for payment not in compliance with policies and procedures of medical assistance program; proof of clerical or administrative error |
SECTION 47. Persons aggrieved; right to hearing; investigation; decision; rehearing; notice |
SECTION 48. Board of hearings |
SECTION 49. Use and disclosure of information |
SECTION 50. Contract for administrative functions; underwriting of program |
SECTION 51. Utilization review of care and services; data processing and collection procedures; liability in civil actions |
SECTION 52. Maintenance of standards for providers; development of new programs |
SECTION 53. Covered services |
SECTION 54. Wellness program for MassHealth enrollees |
SECTION 55. Repealed, 2008, 451, Sec. 75 |
SECTION 56. Controlled substance management program for MassHealth enrollees |
SECTION 57 to 60. [There are no 118E:57 to 60.] |
SECTION 61. Availability of benefits to persons recognized as a spouse under laws of the commonwealth |
SECTION 62. Acceptance and recognition of information submitted pursuant to coding standards and guidelines required; use of standardized claim formats |
SECTION 63. Assessment per non–Medicare reimbursed patient day |
SECTION 64. Definitions for Secs. 64 through 69 |
SECTION 65. Health safety net office |
SECTION 66. Health Safety Net Trust Fund |
SECTION 67. Liability of acute hospital to fund |
SECTION 68. Surcharge assessed by acute hospitals and ambulatory surgical centers |
SECTION 69. Reimbursements to hospitals and community health centers for health services provided to uninsured and underinsured individuals |
SECTION 70. Definitions for Secs. 70 through 75 |
SECTION 71. PCA quality home care workforce council |
SECTION 72. Duties of workforce council; PCA recruitment, training and referral resources; lists of PCAs |
SECTION 73. Rights of consumers regarding PCAs; public employee status for limited purposes; collective bargaining |
SECTION 74. PCA quality home care workforce council; scope of power and authority |
SECTION 75. Performance reviews |
SECTION 76. Designation of another governmental unit to perform functions set forth in Secs. 13C through 13K and 64 through 75 |
SECTION 77. Office of Medicaid to attribute members to primary care providers |
SECTION 78. Employer healthcare coverage form |