101 CMR 347.02
Definitions
The terms used in 101 CMR 347.00 have the meanings set forth in 101 CMR 347.02, unless
the context requires otherwise. The five-digit codes included in 101 CMR 347.00 utilize the
Healthcare Common Procedural Coding System (HCPCS) for Level I and Level II coding. Level
1 CPT-4 codes are obtained from the American Medical Association’s CPT 2025 Professional
Edition, unless otherwise specified. Level II codes are obtained from the 2025 HCPCS
maintained jointly by the Centers for Medicare & Medicaid Services (CMS), the Blue Cross and
Blue Shield Association, and the Health Insurance Association of America. HCPCS is a listing of
descriptive terms and identifying codes and two-digit modifiers for reporting medical services
and procedures performed by physicians and other healthcare professionals, as well as associated
non-physician services. 101 CMR 347.00 includes only HCPCS numeric and alpha-numeric
identifying codes and modifiers for reporting medical services and procedures that were selected
by EOHHS. Any use of CPT outside the fee schedule should refer to the American Medical
Association’s CPT 2025 Professional Edition. For code descriptions, see the FASC service code
spreadsheet at www.mass.gov/regulations/101-CMR-34700-rates-for-freestanding-ambulatory-
surgery-center-services.
Eligible Provider. A licensed FASC that meets the conditions of participation adopted by a
governmental unit, and to the extent specified by such governmental unit.
Facility Component. Rate of payment for a FASC’s facility costs. The facility component does
not include payment for services from a physician, dentist, or podiatrist when performing a
surgical procedure.
Freestanding Ambulatory Surgery Center (FASC). A distinct entity that operates exclusively for
the purpose of providing surgical services that do not require the availability of hospital facilities,
is licensed by the Massachusetts Department of Public Health (or, if out-of-state, the applicable
licensing authority of that state), and meets the conditions for payment by the governmental unit
for facility services.
Governmental Unit. The Commonwealth of Massachusetts or any of its departments, agencies,
boards, commissions, or political subdivisions.
Individual Consideration (IC). Freestanding ambulatory surgery center services that are
authorized but not listed in 101 CMR 347.00, FASC services performed in unusual
circumstances, and services whose fees are designated by the letters "IC" are individually
considered items. The governmental unit or purchaser analyzes the eligible provider’s operative
report, which must contain a diagnosis, a pertinent medical history, a description of the services
rendered, and the length of time spent with the patient. In making the determination of whether
the service is appropriately classified as an individually considered item, and in determining
appropriate payment for services designated as IC, the governmental unit considers standards and
criteria including the following, subject to any documentation requirements of the governmental
unit:
(a) policies, procedures, and practices of other third-party purchasers of care, both
governmental and private;
(b) the severity and complexity of the patient's disorder or disability;
(c) prevailing provider ethics and accepted practice; and
(d) time, degree of skill, and cost including equipment cost required to perform the
procedure(s).
Modifiers. Listed services may be modified under certain circumstances. When applicable, the
modifying circumstances must be identified by the addition of the appropriate two-digit number
or letters to the service code.
Publicly Aided Individual. A person who receives health care and services for which a
governmental unit is in whole or in part liable under a statutory program of public assistance.
Separate Procedure. Some of the listed procedures are commonly carried out as an integral part
of a total service and as such, do not warrant a separate identification. When, however, such a
procedure is performed independently of, and is not immediately related to, other services, it may
be listed as a separate procedure in the service description. Thus, when a procedure that is
ordinarily a component of a larger procedure is performed alone for a specific purpose, it may be
considered to be a separate procedure.