101 CMR 516.04
Administrative Review
(1) Surcharge Liability. EOHHS may conduct an administrative review of surcharge liability
payments at any time.
(2) Reviews and Audits. In conducting such review, EOHHS will review data submitted by
hospitals, ambulatory surgical centers, and any other relevant data, including surcharge data. All
information provided by, or required from, any payer, pursuant to 101 CMR 516 will be subject
to audit by EOHHS. For surcharge liability payments based upon a global fee or capitation
payment allocated according to an allocation method accepted by EOHHS pursuant to 101 CMR
516.03(4)(b), EOHHS’ review will be limited to determining whether this method was followed
accurately and whether the amounts reported were accurate.
(a) EOHHS may require the payer to submit additional documentation reconciling the data
it submitted with data received from hospitals and ambulatory surgical centers.
(b) If EOHHS determines through its review that a payer's surcharge liability payment was
materially incorrect, EOHHS will require a payment adjustment.
(3) Notification. EOHHS will notify the payer in writing if it determines there should be a
payment adjustment. The notification will include a detailed explanation of the proposed
adjustment.
(4) Objection Process. A payer may object to proposed adjustment in writing, within 15 business
days of the mailing of the notification letter. The payer may request an extension of this period
for cause. The written objection must, at a minimum, contain:
(a) the specific reason(s) for each of the payer's objections; and
(b) all documentation that supports the payer's position.
(5) Written Determination. Following review of the payer's objection, EOHHS will notify the
payer of its determination in writing, with an explanation of its reasoning.
(6) Payment of Adjustment Amounts. Payment of adjustment amounts are due within 30 days
following the mailing of the determination letter.