101 CMR 206.07
Payments for Individuals in a Disaster Struck Nursing Facility
(1) Payment to a Disaster Struck Nursing Facility for individuals that must be temporarily
evacuated to another facility (Resident Accepting Nursing Facility) may continue for up to 30
days after the disaster event.
(2) Payment will be the same as if the individual was residing in the Disaster Struck Nursing
Facility. No other payment will be made to either the Disaster Struck Nursing Facility or the
Resident Accepting Nursing Facility for evacuated individuals. The Disaster Struck Nursing
Facility must meet the following conditions in order to receive payment for evacuated
individuals:
(a) The Disaster Struck Nursing Facility must have a contract with the Resident Accepting
Nursing Facility. The contract must include:
1. terms of payment and mechanisms to resolve any contract disputes;
2. protocols for sharing care and treatment information between the two facilities; and
3. requirements that both facilities meet all conditions of Medicaid participation, as
determined by the MassHealth agency.
(b) The Disaster Struck Nursing Facility must notify the MassHealth agency of the disaster
event, maintain records of all evacuated individuals that include each individualโs name, date
of evacuation, and Resident Accepting Nursing Facility, and update the MassHealth agency
on the status of any necessary repairs.
(c) The Disaster Struck Nursing Facility must determine within 15 days of the disaster event
whether evacuated individuals will be able to return to the facility within 30 days of the
disaster event. If the Disaster Struck Nursing Facility determines that it is not able to reopen
within 30 days, it must discharge all evacuated individuals and work with them to choose
admission to other facilities or alternative placements. Nothing precludes an evacuated
individual from asking to be discharged and admitted to another facility or alternative
placement. Payment to the Disaster Struck Nursing Facility will cease when an individual is
discharged from the facility.