130 CMR 403.415
Nursing Services
(A) Conditions of Payment. Nursing services are payable only if all of the following conditions
are met:
(1) there is a clearly identifiable, specific medical need for nursing services;
(2) the services are ordered by the member’s physician or ordering non-physician
practitioner and are included in the plan of care;
(3) the services require the skills of a registered nurse or of a licensed practical nurse under
the supervision of a registered nurse, in accordance with 130 CMR 403.415(B);
(4) the services are medically necessary to treat an illness or injury in accordance with
130 CMR 403.409(C); and
(5) prior authorization is obtained where required in compliance with 130 CMR 403.410.
(B) Clinical Criteria.
(1) A nursing service is a service that must be provided by a registered nurse, or by a
licensed practical nurse under the supervision of a registered nurse, to be safe and effective,
considering the inherent complexity of the service, the condition of the member, and accepted
standards of medical and nursing practice.
(2) Some services are nursing services on the basis of complexity alone (for example,
intravenous and intramuscular injections, or insertion of catheters). However, in some cases,
a service that is ordinarily considered unskilled may be considered a nursing service because
of the patient's condition. This situation occurs when only a registered nurse or licensed
practical nurse can safely and effectively provide the service.
(3) When a service can be safely and effectively performed (or self-administered) by the
average nonmedical person without the direct supervision of a registered or licensed practical
nurse, the service is not considered a nursing service, unless there is no one trained, able, and
willing to provide it.
(4) Nursing services for the management and evaluation of a plan of care are medically
necessary when only a registered nurse can ensure that essential care is effectively promoting
the member's recovery, promoting medical safety, or avoiding deterioration.
(5) Medical necessity of services is based on the condition of the member at the time the
services were ordered, what was, at that time, expected to be appropriate treatment
throughout the certification period, and the ongoing condition of the member throughout the
course of home care.
(6) A member's need for nursing care is based solely on his or her unique condition and
individual needs, whether the illness or injury is acute, chronic, terminal, stable, or expected
to extend over a long period.
(7) Medication Administration Visit. A nursing visit for the sole purpose of administering
medication and where the targeted nursing assessment is medication administration and
patient response only may be considered medically necessary when the member is unable to
perform the task due to impaired physical, cognitive, behavioral, and/or emotional issues, no
able caregiver is present, the member has a history of failed medication compliance resulting
in a documented exacerbation of the member’s condition, and/or the task of the
administration of medication, including the route of administration, requires a licensed nurse
to provide the service. A medication administration visit may include administration of oral,
intramuscular, and/or subcutaneous medication or administration of medications other than
oral, intramuscular and/or subcutaneous medication.