General Provisions

(1) Scope. 101 CMR 449.00 governs the payment rates for MassHealth-covered state plan home health aide services purchased by a governmental unit. 101 CMR 449.00 also governs the payment rates for MassHealth-covered homemaker and personal care homemaker waiver services when purchased by a governmental unit in one of four MassHealth Home and Community-based Services (HCBS) Waivers. 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. (2) Applicable Dates of Service. Rates contained in 101 CMR 449.00 apply for dates of service as stated in 101 CMR 449.03. (3) Disclaimer of Authorization of Services. 101 CMR 449.00 is neither authorization for nor approval of the services for which rates are determined pursuant to 101 CMR 449.00. Governmental units that purchase the services described in 101 CMR 350.00: Rates for Home Health Services, 101 CMR 359.00: Rates for Home and Community-based Services Waivers, and 101 CMR 453.00: Enhanced Rates for Certain Home- and Community-based Services Related to Section 9817 of the American Rescue Plan Act are responsible for the definition, authorization, and approval of services provided to clients. (4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policy on substantive provisions of 101 CMR 449.00. (5) Parent Regulations. 101 CMR 449.00 describes operational add-on rates for certain services whose basic rates are governed by other regulations. For services not included in 101 CMR 449.00, please refer to the parent regulation at 101 CMR 350.00: Rates for Home Health Services, 101 CMR 359.00: Rates for Home and Community-based Services Waivers, or 101 CMR 453.00: Enhanced Rates for Certain Home- and Community-based Services Related to Section 9817 of the American Rescue Plan Act.