114.5 CMR 10.04
Eligibility Process
(1) MassHealth Enrollment. If a patient is enrolled in MassHealth on the date that the service is
provided, the Hospitalor Community Health Center may not bill the Pool for that service. Therefore,
for any patient requesting Free Care, Hospitals and Community Health Centers must check Division
of Medical Assistance eligibility verification systems to determine the patient’s MassHealth enrollment
status.
(2) Screening for Alternative Programs. Hospitals and Community Health Centers must screen
patients for other sources of coverage and potential for eligibility in government programs before
approving them for Free Care. Hospitals and Community Health Centers are required to document
the results of each screening. If an Acute Hospital or Community Health Center determines that a
patient is potentially eligible for Medicaid or another government program, said Acute Hospital or
Community Health Center shall encourage the patient to apply for such program and shall assist the
patient in applying for benefits under such program. A patient who declines to apply for another
government program may apply and, if eligible, be approved for Free Care.
(3) Application. Hospitals and Community Health Centers will use the appropriate application form
provided by the Division to determine eligibility for Free Care, partial Free Care, and Medical
Hardship. Copies ofthe applicationforms are attached hereto and incorporated herein by reference.
Each application form must be signed by the patient or an authorized representative authorizing the
release of information to the Division of Health Care Finance & Policy, and attesting that all information
is correct. Hospitals and CommunityHealthCenters may use the Free Care application guide, which
contains specific lists of acceptable forms of documentation, to assist with the Free Care application
and eligibility determination process.
(a) The Free Care Application (DHCFP-FC1).
1. All applicants for Free Care, except those patients who meet the conditions of 114.6 CMR
10.04(3)(b) or 114.6 CMR 10.04(3)(d), must complete the Free Care application (DHCFP
FC1) and provide the required supporting documentation.
2. Supporting documentation is not required with the application for a single visit to a Hospital
or Community Health Center when the total charge is $500 or less, but documentation must
be provided in order to receive Free Care for subsequent visits.
(b) The Condensed Free Care Application (DHCFP-FC2). In order to prevent patients from
having to provide duplicative information, patients in the categories described below may apply for
Free Care using a condensed Free Care form.
1. Patients Eligible for MassHealth, but not yet Enrolled. Any patient determined eligible for
MassHealth by the Division of Medical Assistance may complete the condensed Free Care
application to receive Free Care for Medically Necessary Services provided before the
patient’s MassHealth enrollment date. Patients enrolled inthe EAEDC program may receive
Free Care for Medically Necessary Services provided before the patient’s MassHealth
enrollment date without signing an application form only if the Hospital or Community Health
Center includes a copy of the EAEDC card with the application and verifiesEAEDC eligibility.
2. Patients Ineligible for MassHealth. A patient who applied for and was subsequently denied
MassHealth may submit a completed Medical Benefit Request (MBR) and a condensed Free
Care application, provided that the MBR was submitted to the Division of Medical Assistance
within six months of the Free Care application.
3. Members ofChildren’s MedicalSecurity Plan or Healthy Start. A patient enrolled in any
or all of these programs who meets the Free Care income eligibility criteria is eligible for Free
Care for those Medically Necessary Services not covered by the program, provided that the
patient completes a condensed FreeCareapplicationand provides the Hospital or Community
Health Center with a copy of his or her valid membership card. With the patient’s consent,
Providers may obtain verification of enrollment in these programs by mail or fax from the
agency that administers the program. Ifthe patient provides a valid program enrollment card,
Hospitals and Community Health Centers must include a copy of the card with the patient’s
signed application form; both sides of the card must be copied if both sides are used.
4. Members ofCenterCare. Patients enrolled in the CenterCare program may receive Free
Care for Medically Necessary Services not covered by the CenterCare program without
signing a condensed Free Care application form only if the Hospital or Community Health
Center verifies that the patient has signed the Division’s Assignment of Rights statement on the
CenterCare application and includes a copy of the CenterCare card (front and back) with the
Free Care application. If the patient has not signed the Assignment ofRights, the patient must
complete and sign a condensed Free Care application form, and the Hospital or Community
Health Center must attach a copy of the card (front and back) to the patient’s signed
application form.
5. Patients who have been approved for Free Care at another Hospital or Community Health
Center. Patients who have been determined eligible for Free Care at one Hospital or
Community Health Center mayuse the Condensed Free Care Application when applying for
Free Care elsewhere. The second Hospital or Community Health Center must obtaina copy
of the full Free Care application and supporting documentation from the first Hospital or
Community Health Center, and is responsible for making its own eligibility determination and
verifying that the shared information is still reflective of the applicant’s eligibility status.
(c) The Medical Hardship Supplement (DHCFP-FC3). The Hospital or Community Health
Center must use the Medical Hardship supplement to determine the Allowable MedicalExpenses
and available assets to be used in calculating eligibility for Medical Hardship. The Medical
Hardship supplement is a supplement to the Free Care application. Patients applying for Medical
Hardship must complete both forms and provide the required supporting documentation in order
to be eligible for Medical Hardship assistance.
(d) The Family Supplement (DHCFP-FC4). When one Family member has completed the Free
Care application and supplied the necessary documentation, additional Familymembersmayapply
for Free Care using the Family supplement form. The eligibility dates for Family members using
the Family supplement form will be the same as those for the applicant who completed the Free
Care application.
(e) Facility Use Only Section. The Hospital or Community Health Center must document the
process used to determine Free Care eligibility by completing the Facility Use Only section of each
application described in 114.6 CMR 10.04.
(4) Special Circumstances.
(a) Balances after insurance. A copy of the insurance program or policy’s Explanation of Benefits
(EOB) must be included with the Free Care application. If this is not available, a copy of the bill
fromthe Provider indicating the balance due from the patient, or a copy of the patient’s insurance
card or policy, may be substituted. A patient may apply for Free Care to cover his or her financial
liability after any insurance program or policy has paid the amount for which it is responsible.
(b) Medicare Bad Debt is eligible for payment from the Pool to the extent that:
1. such charges are related to Medicare co-payments and deductibles or to Medically
Necessary Services that are not covered by the Medicare program,
2. such charges are for a patient who otherwise qualifies for Free Care pursuant to 114.6
CMR 10.03,
3. such charges were properly submitted for payment to the Medicare intermediary and were
rejected by the intermediary as failing Medicare substantive rules. A Hospital need not submit
for payment to the Medicare intermediary any charges for services for which Title XVIII of the
Federal Social Security Act does not allow payment, and
4. the Hospital establishes that reasonable collection efforts were made pursuant to Title
XVIII of the Federal Social Security Act and 114.6 CMR 10.05.
(c) Patients injured in motor vehicle accidents may be eligible for Free Care if the Hospital or
Community Health Center documents that it investigated whether the patient, driver, and/or owner
of the other motor vehicle had a motor vehicle liability policy and, where applicable, properly
submitted a claim for payment to the motor vehicle liability insurer.
(d) Hospitals and Community Health Centers that recover payments for charges which were
previously billed to the Pool must report such payments to the Division. These recoveries will be
offset against Free Care charges to the Pool.
(5) Time Frame.
(a) Prior to billing the Pool, Hospitals must obtain a completed Free Care application and all
supporting documentation from the patient within one year of determining the patient’s financial
liability, unless the Hospital documents continuous Collection Action or regular patient payments
during the intervening time. Patients are eligible to apply for Free Care for an account over one
year old if the Hospital can document continuous collection action or patient payments during the
intervening time.
(b) Prior to billing the Pool, Community Health Centers must obtain a completed Free Care
application and all supporting documentation from the patient within ninety days of determining the
patient’s financial liability, unless the Community Health Center documents continuous Collection
Action or regular patient payments during the intervening time. Patients are eligible to apply for
Free Care for an account over ninety days old ifthe Hospitalcandocument continuous collection
action or patient payments during the intervening time.
(c) Hospitals and Community Health Centers must give the patient written notice of an eligibility
determination within 30 days of receipt of a complete application.
(d) The patient will remain eligible for Free Care for one year from the date of the eligibility
determination, unless over the course of that year the patient’s Family Income or insurance status
changes to such an extent that the patient becomes ineligible.