General Rate Provisions

(1) The rates determined in accordance with 101 CMR 345.00 are full compensation for temporary nursing services rendered to a nursing facility or hospital, including any related administrative or supervising duties provided by the agency in connection with patient care. (2) An agency may charge a nursing facility or hospital less than the rate determined by 101 CMR 345.00. (3) An agency may not bill, receive payments, or propose to do business with a nursing facility or hospital at a rate greater than the rate established by EOHHS, and such acts constitute an unfair or deceptive act or practice in violation of M.G.L. c. 93A. If an agency violates this requirement, EOHHS or the nursing facility or hospital may (a) notify the Department, which may seek to suspend or revoke the agency’s registration, or take other action as appropriate, in accordance with the provisions of 105 CMR 157.000: The Registration and Operation of Temporary Nursing Service Agencies; or (b) request that the Attorney General bring an action against the agency pursuant to its enforcement of M.G.L. c. 93A or take further action to restrain or prevent the agency from operating.