101 CMR 359.01

General Provisions

Year: 2026Length: 685 wordsOfficial source
(1) Scope. 101 CMR 359.00 governs the payment rates for services in four Home- and Community- based Services (HCBS) Waivers purchased by a governmental unit. The four HCBS Waivers are: Acquired Brain Injury Non-residential Habilitation (ABI-N) Waiver, Acquired Brain Injury Residential Habilitation (ABI-RH) Waiver, Moving Forward Plan Community Living (MFP-CL) Waiver, and Moving Forward Plan Residential Supports (MFP-RS) Waiver. Listed in 101 CMR 359.01(1)(a) through (d) are the waiver services available in each waiver. (a) ABI-N Waiver Services: 1. Adult Companion 2. Assistive Technology 3. Chore Services 4. Community-based Day Supports 5. Community Family Training 6. Community Behavioral Health Support & Navigation 7. Day Services 8. Home Accessibility Adaptations 9. Home Delivered Meals 10. Home Health Aide 11. Homemaker 12. Independent Living Supports 13. Individual Support and Community Habilitation 14. Laundry 15. Occupational Therapy 16. Orientation and Mobility Services 17. Peer Support 18. Personal Care 19. Physical Therapy 20. Prevocational Services 21. Respite 22. Shared Home Supports 23. Skilled Nursing 24. Specialized Medical Equipment 25. Speech Therapy 26. Supported Employment 27. Supportive Home Care Aide 28. Transitional Assistance Services 29. Vehicle Modification 30. Transportation (b) ABI-RH Waiver Services: 1. Assisted Living Services 2. Assistive Technology 3. Community-based Day Supports 4. Community Behavioral Health Support & Navigation 5. Day Services 6. Home Accessibility Adaptations (available only in Shared Living – 24-hour Supports) 7. Individual Support and Community Habilitation 8. Occupational Therapy 9. Orientation and Mobility Services 10. Peer Support 11. Physical Therapy 12. Prevocational Services 13. Residential Family Training 14. Residential Habilitation 15. Shared Living – 24-Hour Supports 16. Skilled Nursing 17. Specialized Medical Equipment 18. Speech Therapy 19. Supported Employment 20. Transitional Assistance Services 21. Transportation (c) MFP-CL Waiver Services: 1. Adult Companion 2. Assistive Technology 3. Chore Services 4. Community-based Day Supports 5. Community Family Training 6. Community Behavioral Health Support and Navigation 7. Day Services 8. Home Accessibility Adaptations 9. Home Delivered Meals 10. Home Health Aide 11. Homemaker 12. Independent Living Supports 13. Individual Support and Community Habilitation 14. Laundry 15. Occupational Therapy 16. Orientation and Mobility Services 17. Peer Support 18. Personal Care 19. Physical Therapy 20. Prevocational Services 21. Respite 22. Shared Home Supports 23. Skilled Nursing 24. Specialized Medical Equipment 25. Speech Therapy 26. Supported Employment 27. Supportive Home Care Aide 28. Transportation 29. Transitional Assistance Services 30. Vehicle Modification (d) MFP-RS Waiver Services: 1. Assisted Living Services 2. Assistive Technology 3. Community-based Day Supports 4. Community Behavioral Health Support and Navigation 5. Day Services 6. Home Accessibility Adaptations (available only in Shared Living – 24-hour Supports) 7. Individual Support and Community Habilitation 8. Occupational Therapy 9. Orientation and Mobility Services 10. Peer Support 11. Physical Therapy 12. Prevocational Services 13. Residential Family Training 14. Residential Habilitation 15. Shared Living – 24-hour Supports 16. Skilled Nursing 17. Specialized Medical Equipment 18. Speech Therapy 19. Supported Employment 20. Transitional Assistance Services 21. Transportation (2) Applicable Dates of Service. Rates contained in 101 CMR 359.00 apply for dates of service on or after November 7, 2025. (3) Disclaimer of Authorization of Services. 101 CMR 359.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 359.00. Governmental units that purchase MFP Waiver Services and/or ABI Waiver Services are responsible for the definition, authorization, and approval of services extended to participants. (4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 359.00. (5) Coding Updates and Corrections. EOHHS may publish service code updates and corrections by administrative bulletin. Updates may reference coding systems including but not limited to the American Medical Association’s Current Procedural Terminology (CPT) and Healthcare Common Procedure Coding System (HCPCS) maintained by the Centers for Medicare and Medicaid Services (CMS). The publication of such updates and corrections will list (a) codes for which only the code numbers change, with the corresponding cross references between existing and new codes; (b) deleted codes for which there are no corresponding new codes; and (c) codes for entirely new services that require pricing. These codes will be paid on an individual consideration basis until rates are established.
101 CMR 359.01: General Provisions | Justis AI