101 CMR 351.02
Definitions
As used in 101 CMR 351.00, unless the context requires otherwise, terms have the meanings
in 101 CMR 351.02.
Activities of Daily Living (ADLs). Fundamental personal care tasks as defined in 130 CMR
408.402: Activities of Daily Living (ADLs) performed as part of an individual's routine of self-
care. ADLs include, but are not limited to, eating, toileting, dressing, bathing, transferring, and
ambulation.
Adult Foster Care (AFC). Services as defined in 130 CMR 408.402: Adult Foster Care.
Adult Foster Care (AFC) Caregiver. A person selected, supervised, and paid by the provider for
the provision of direct care in accordance with 130 CMR 408.415(A): Direct Care.
AFC Level I. A level of payment for adult foster care services provided to a member who meets
the clinical criteria of 130 CMR 408.419(D)(1): AFC Level I Service Payment.
AFC Level II. A level of payment for adult foster care services provided to a member who meets
the clinical criteria of 130 CMR 408.419(D)(2): AFC Level II Service Payment.
Alternative Caregiver Days. A short-term placement during which a member receives adult
foster care from an alternative care provider when the AFC caregiver is temporarily unavailable
or unable to provide care.
EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.
Governmental Unit. The Commonwealth, any board, commission, department, division, or
agency of the Commonwealth, and any political subdivision of the Commonwealth.
Group Adult Foster Care (GAFC). Services as defined in 130 CMR 408.402: Adult Foster Care.
Intake and Assessment Services. Services as defined in 130 CMR 408.402: AFC Intake and
Assessment Services and outlined in 130 CMR 408.431(A): Preadmission Procedures and
Activities provided to a MassHealth member referred to a provider for AFC services.
MassHealth. A program of medical care and assistance that includes, but is not limited to,
payment for certain health care services to eligible residents of the Commonwealth established
under M.G.L. c. 118E and administered by the Executive Office of Health and Human Services
through its Office of Medicaid.
Medical Leave of Absence (MLOA). A short-term absence during which a member does not
receive AFC from the AFC caregiver because the member is temporarily admitted to a hospital or
nursing facility.
Member. A MassHealth eligible member who has received clinical authorization by either
MassHealth or its designated screening agent for payment of adult foster care.
Nonmedical Leave of Absence (NMLOA). A short-term absence during which a member does
not receive AFC from the AFC caregiver because the member is away from the AFC-qualified
setting for nonmedical reasons.
Provider. An organization that meets the requirements of 130 CMR 408.000: Adult Foster Care
and that contracts with MassHealth to provide adult foster care or group adult foster care to
eligible MassHealth members.
Publicly Aided Individual. A person who receives health care and other services for which a
governmental unit is in whole or in part liable under a statutory program of public assistance.
Service Code. The standardized code from the Healthcare Common Procedure Coding System
(HCPCS).
(1) Reimbursement as Full Payment. The payment rates in 101 CMR 351.00 are full
compensation for all adult foster care services or group adult foster care services rendered to
members, including any related administrative or supervisory duties in connection with the
provision of AFC services or GAFC services outlined in 130 CMR 408.000: Adult Foster Care.
(2) Payment Rates. The rates for AFC services, including GAFC services, are set forth in 101
CMR 351.03(2).
Service Code-
Modifier
Rate
Unit
Service Description
S5140
Per Diem
AFC Level I
S5140-TG
Per Diem
AFC Level II
S5140-TF
Per Diem
AFC Level I Alternative Caregiver Day
Per Diem
AFC Level II Alternative Caregiver Day
Per Diem
AFC Level I MLOA Day
Per Diem
AFC Level II MLOA Day
Per Diem
AFC Level I NMLOA Day
Per Diem
AFC Level II NMLOA Day
T1028
Per Admission
AFC Intake and Assessment Services
H0043
Per Diem
GAFC
(1) Required Reports. Reporting requirements are governed by 957 CMR 6.00: Cost Reporting
Requirements.
(2) Penalty for Noncompliance. A purchasing governmental unit may impose a penalty in the
amount of up to 15% of its payments to any provider that fails to submit required information.
The purchasing governmental unit will notify the provider in advance of its intention to impose a
penalty under 101 CMR 351.04(2).
The provisions of 101 CMR 351.00 are severable. If any provision of 101 CMR 351.00 or
application of any provision to an applicable individual, entity, or circumstance is held invalid or
unconstitutional, that holding will not be construed to affect the validity or constitutionality of
any remaining provisions of 101 CMR 351.00 or application of those provisions to applicable
individuals, entities, or circumstances.