101 CMR 355.02
Definitions
As used in 101 CMR 355.00, unless the context requires otherwise, terms have the meanings
in 101 CMR 355.02. The descriptions and five-digit codes included in 101 CMR 355.00 utilize
the Healthcare Common Procedure Code System (HCPCS) for Level I and Level II coding. Level
I CPT-4 codes are obtained from the Physicians’ 2025 Current Procedural Terminology® by the
American Medical Association, unless otherwise specified. Level II codes are obtained from 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 list of descriptive terms and identifying codes and modifiers for reporting medical services and
procedures performed by physicians and other health care professionals, as well as associated
non-physician services. 101 CMR 355.00 includes only HCPCS numeric and alphanumeric
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 Physicians’ 2025
Current Procedural Terminology®.
Center. The Center for Health Information and Analysis established under M.G.L. c. 12C.
Certified Nurse-midwife (CNM). An advanced practice registered nurse (APRN) who has
completed a program of study and clinical experience for nurse-midwives, and is licensed by the
Board of Registration in Nursing to practice as a certified nurse-midwife, whose eligibility is
limited to those procedures specified by the governmental unit purchasing such services, and who
also meets such conditions of participation as may be adopted by a governmental unit.
Certified Nurse Practitioner (CNP). An APRN who has completed a program of study and
clinical experience for nurse practitioners, and is licensed by the Board of Registration in Nursing
to practice as a certified nurse practitioner, whose eligibility is limited to those procedures
specified by the governmental unit purchasing such services, and who also meets such conditions
of participation as may be adopted by a governmental unit.
Clinical Staff. The physician, certified nurse-midwife, certified nurse practitioner, registered
nurse, licensed practical nurse, and other licensed health care practitioners appointed by the
governing authority to practice within the birthing center and governed by rules approved by the
governing body.
EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.
Facility Component. Rates of payment for a freestanding birth center’s facility component costs.
The facility component does not include payment for physician, certified nurse-midwife, or
certified nurse practitioner services in performing a procedure or service. The facility component
does include payment for the services of other clinical staff, e.g., registered nurses and licensed
practical nurses. The facility component also includes payment for the component of a service or
procedure representing the cost of rent, equipment, utilities, supplies, drugs and biologicals,
clinical laboratory services, malpractice insurance, administrative and technical salaries and
benefits, all related administrative or supervisory duties performed in connection with the
provision of the service or procedure, and all other overhead expenses of the service or procedure.
Freestanding. Existing independently or physically separated from another health care facility
and administered by separate staff with separate records.
Freestanding Birth Center (FBC). A health facility not operated under a hospital license that is
licensed by the Department of Public Health (DPH) as a birth center, pursuant to 105 CMR
140.000: Licensure of Clinics.
Governmental Unit. The Commonwealth of Massachusetts or any of its departments, agencies,
boards, commissions, or political subdivisions.
Individual Consideration (IC). Freestanding birth center services that are authorized but not listed
in 101 CMR 355.00, freestanding birth center 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, the following criteria are used:
(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.
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.