101 CMR 613.06
Allowable Bad Debt
(1) General Requirements. Acute Hospitals may submit claims for Emergency Bad Debt as defined
in 101 CMR 613.06(2). Acute Hospitals and Community Health Centers may submit claims for Bad
Debt for Urgent Care Services as defined in 101 CMR 613.06(3) and (4). Providers may not submit a
claim for a deductible or coinsurance portion of a claim for which an insured Patient or Low Income
Patient is responsible. Providers may only submit claims for the services described in 101 CMR
613.03(2) through (4).
(a) Required Collection Action. Providers may submit claims for Bad Debt only
after required collection action, including the following.
1. Collecting Patient Information.
a. Inpatient Services. An Acute Hospital must identify the department responsible for
obtaining the information from the Patient, and make reasonable efforts to obtain the
financial information necessary to determine responsibility for payment of the Acute
Hospital bill from the Patient or Guarantor. If the Patient or Guarantor is unable to
provide the information needed, and the Patient consents, an Acute Hospital must make
reasonable efforts to contact the relatives, friends, and Guarantor and the Patient for
additional information while the Patient is in the Acute Hospital. If an Acute Hospital
has not obtained sufficient Patient financial information to assess the ability of the
Patient or the Guarantor to pay for services prior to the date of discharge, the Acute
Hospital must make reasonable efforts to obtain the necessary information at the time of
the Patient's discharge.
b. Emergency Room, Outpatient Services, and Community Health Center Services. A
Provider must make reasonable efforts, as soon as reasonably possible, to obtain the
financial information necessary to determine responsibility for payment of the bill from
the Patient or Guarantor.
2. Verification of Patient-supplied Information.
a. Inpatient. An Acute Hospital must make reasonable efforts to verify the Patient-
supplied information prior to the Patient discharge. The verification may occur at any
time during the provision of services, at the time of the Patient discharge, or during the
collection process.
b. Acute Hospital Outpatient and Community Health Centers. A Provider must make
reasonable efforts to verify Patient-supplied information at the time the Patient receives
the services. The verification of Patient-supplied information may occur at the time the
Patient receives the services or during the collection process.
3. Reasonable Collection Efforts.
a. A Provider must make the same effort to collect accounts for uninsured individuals as
it does to collect accounts from any other Patient classifications.
b. The minimum requirements before writing off an account to the Health Safety Net
include
i. an initial bill to the party responsible for the Patient’s personal financial
obligations;
ii. subsequent billings, telephone calls, collection letters, personal contact notices,
computer notifications, and any other notification method that constitutes a genuine
effort to contact the party responsible for the obligation;
iii. documentation of alternative efforts to locate the party responsible for the
obligation or the correct address on billings returned by the postal office service as
“incorrect address” or “undeliverable”;
iv. sending a final notice by certified mail for balances over $1,000 where notices
have not been returned as “incorrect address” or “undeliverable”; and
v. documentation of continuous Collection Action undertaken on a regular, frequent
basis. When evaluating whether a Provider has engaged in continuous Collection
Action, the Health Safety Net Office may use a gap in Collection Action of greater
than 120 days as a guideline for noncompliance, but may use its discretion when
determining whether a Provider has made a reasonable effort to meet the standard.
c. If, after reasonable attempts to collect a bill, the debt for Emergency Services for an
uninsured individual remains unpaid after a period of 120 days of continuous Collection
Action, the bill may be deemed uncollectible and billed to the Health Safety Net Office.
d. The Patient’s file must include all documentation of the Provider’s collection effort
including copies of the bill(s), follow-up letters, reports of telephone and personal
contact, and any other effort made.
(b) Reporting Requirements.
1. Claims Submission. Providers must submit claims in accordance with the requirements
of 101 CMR 613.07. Acute Hospitals must submit a claim for each inpatient Bad Debt.
Community Health Centers must submit a claim for each Bad Debt.
2. Additional Information. Providers must submit the following additional information for
Community Health Center and Acute Hospital inpatient Bad Debt services in a form
specified by the Health Safety Net Office. For outpatient services, Acute Hospitals and
Hospital Licensed Health Centers must submit this information within 30 days of a request
by the Health Safety Net Office.
Patient Identifiers:
Name
Address
Phone#
DOB
SSN#
TCN
Med Record#
MassHealth# (RID and/or RHN)
Date of Service
Total Charge for Services
Net Charge submitted to Health Safety Net
Evidence of Reasonable Collection Efforts:
Date of Initial Bill
Date of Second Bill
Date of Third Bill
Date of Fourth Bill
Date of Returned Mail
Date of Certified Letter for accounts over $1,000
Date of Initial Phone Contact
Date of Follow up Phone Contact
Dates of Other Efforts (other phone calls, letters to Patient, attorney or referral to
collection agency)
Date Account was submitted to Health Safety Net Office
3. The Health Safety Net Office may deny payment for any claim for which required
documentation is not submitted. If the Health Safety Net Office notifies a Provider that a
claim will be denied due to insufficient documentation, the Provider must submit the
required documentation within 30 days of the date of the notice that the claim will be denied.
(2) Acute Hospital Emergency Bad Debt Claims. An Acute Hospital may submit a claim for
Emergency Bad Debt if
(a) the services were provided to
1. an uninsured individual who is not a Low Income Patient, unless the individual is a
Dental-Only Low Income Patient, and the Provider has verified through EVS that the
individual has not submitted an Application; or
2. an uninsured individual whom the Acute Hospital assists in completing an Application
and is determined to be a Low Income Patient or determined into a category exempt from
collection action in accordance with 101 CMR 613.08(3). Bad Debt claims for these
individuals are exempt from the requirements of 101 CMR 613.06(2)(c);
(b) the services provided were Emergency or Urgent Care Services;
(c) the Acute Hospital can document that it has undertaken the required Collection Action as
defined in 101 CMR 613.06(1)(a) for the account; and
(d) the bill remains unpaid after a period of 120 days of continuous Collection Action.
(3) Hospital Licensed Health Center Bad Debt. An Acute Hospital or a Hospital Licensed Health
Center may submit a claim for Bad Debt for Urgent Care Services if
(a) the services were provided at a Hospital Licensed Health Center;
(b) the services were provided to
1. an uninsured individual who is not a Low Income Patient, unless the individual is a
Dental-Only Low Income Patient. The Provider may not submit a claim for a deductible or
the coinsurance portion of a claim for which an insured Patient is responsible. The Provider
may not submit a claim unless it has checked EVS to determine if the Patient has filed an
Application; or
2. an uninsured individual whom the Provider assists in completing an Application is
determined into a category exempt from Collection Action in accordance with 101 CMR
613.08(3). Bad Debt claims for these individuals are exempt from the requirements of 101
CMR 613.06(3)(e);
(c) the Provider provided Urgent Care Services as defined in 101 CMR 613.02 to the Patient. A
Provider may submit a claim for all Eligible Services provided during the Urgent Care Services
visit, including Ancillary Services provided on site;
(d) the responsible physician determined that the Patient required Urgent Care Services. A
Provider may submit a claim for Urgent Care Services, but not for other services provided to
Patients determined not to require Urgent Care Services;
(e) the Provider undertook the required Collection Action as defined in 101 CMR 613.06(1)(a)
and submitted the information required in 101 CMR 613.06(1)(b) for the account; and
(f) the bill remains unpaid after a period of 120 days of continuous Collection Action.
(4) Community Health Center Bad Debt. A Community Health Center may submit a claim for Bad
Debt for Urgent Care Services if
(a) the services were provided to
1. an uninsured individual who is not a Low Income Patient, unless the individual is a
Dental-Only Low Income Patient. The Provider may not submit a claim for a deductible or
the coinsurance portion of a claim for which an insured Patient is responsible. The Provider
may not submit a claim unless it has checked EVS to determine if the Patient has filed an
application for MassHealth; or
2. an uninsured individual whom the Provider assists in completing an Application is
determined into a category exempt from Collection Action in accordance with 101 CMR
613.08(3). Bad Debt claims for these individuals are exempt from the requirements of 101
CMR 613.06(4)(d);
(b) the Provider provided Urgent Care Services as defined in 101 CMR 613.02 to the Patient. A
Provider may submit a claim for all Eligible Services provided during the Urgent Care Services
visit, including Ancillary Services provided on site;
(c) the responsible physician determined that the Patient required Urgent Care Services. A
Provider may submit a claim for Urgent Care Services, but not for other services provided to
Patients determined not to require Urgent Care Services;
(d) the Provider undertook the required Collection Action as defined in 101 CMR 613.06(1)(a)
and submitted the information required in 101 CMR 613.06(1)(b) for the account; and
(e) the bill remains unpaid after a period of 120 days of continuous Collection Action.
(5) Department of Revenue Intercept. The Health Safety Net Office initiates a match with the
Massachusetts Department of Revenue for individuals for whom a Provider has submitted a claim
for Bad Debt. The Health Safety Net Office may request that the Department of Revenue intercept
payments to the individual up to an amount equal to the amount paid to the Provider for the Services.