130 CMR 403.416
Home Health Aide Services
(A) Conditions of Payment. Home health aide services are payable only if all of the following
conditions are met:
(1) home health aide services are medically necessary to
(a) directly support curative, rehabilitative, or preventative aspects of nursing or therapy
services provided by the home health agency; and/or
(b) provide hands-on assistance throughout the task or until completion, with at least two
activities of daily living (ADLs) defined as: bathing, grooming, dressing,
toileting/continence, transferring/ambulation, and eating.
(2) the frequency and duration of the home health aide services must be ordered by the
physician or ordering non-physician practitioner and must be included in the plan of care for
the member;
(3) the services are medically necessary to provide personal care to the member, to maintain
the member’s health, or to facilitate treatment of the member’s injury or illness;
(4) prior authorization, where applicable, has been obtained where required in compliance
with 130 CMR 403.410;
(5) the home health aide is supervised by a registered nurse or therapist for nursing services
or therapy services, respectively, employed or contracted by the same home health agency as
the home health aide. In the event that the home health agency contracts for, rather than
directly employs, home health aides, such aides must be supervised in accordance with 42
CFR §484.80(h) and 130 CMR 403.419(C);
(6) all services provided by the home health aide must be delivered at the direction of the
registered nurse or therapist supervising the home health aide. The individualized patient
care instructions must be included in the member’s plan of care or attached to the member’s
plan of care; and
(7) the home health aide has completed a training and competency evaluation program as
specified in 42 CFR 484.80(a)(b)(c) and the servicing home health agency has documented
the home health aide’s competency in all subject areas as described in 42 CFR 484.80(b)(3)
within the last 12 months.
(B) Payable Home Health Aide Services Provided Pursuant to Nursing or Therapy Services.
Payable home health aide services when home health aide services are provided pursuant to
nursing or therapy services include, but are not limited to
(1) personal-care services; such as bathing, dressing, grooming, caring for hair, nail, and oral
hygiene, which are needed to facilitate treatment or to prevent deterioration of the member’s
health, changing the bed linen, shaving, deodorant application, skin care with lotions and/or
powder, foot care, ear care, feeding, assistance with elimination, routine catheter care, and
routine colostomy care;
(2) simple dressing changes that do not require the skills of a registered or licensed nurse;
(3) medication reminders for medications that are ordinarily self-administered and that do
not require the skills of a registered or licensed nurse;
(4) assistance with activities that are directly supportive of skilled therapy services; and
(5) routine care of prosthetic and orthotic devices.
(C) Payable Home Health Aide Services for ADL Supports Only. Home health aide services for
ADL supports are only reimbursable if the member has two or more ADL needs that require
hands-on assistance. This service requires a non-skilled nursing visit for assessment of the
member and assessment and supervision of the home health aide care plan once every 60 days.
Payable home health aide services for ADL supports only include:
(1) hands-on assistance with ADLs as described in 130 CMR 403.402;
(2) IADL support services provided incidental to hands-on ADL assistance;
(3) monitoring or supervision provided incidental to or concurrently with hands-on ADL
support;
(4) personal care services as described in 130 CMR 403.416(B)(1) if provided in addition to
hands-on ADL support as described in 130 CMR 403.402.
(D) Nonpayable Home Health Aide Services. The MassHealth agency does not pay for
homemaker, respite, or chore services provided to any MassHealth member in the absence of
ADL needs. It is not permissible for home health agencies to bill MassHealth for home health
aide services for the primary purpose of providing nonpayable home health aide services, or
incidental services as described in 130 CMR 403.416(E). Additionally, home health aide services
are nonpayable for monitoring of anticipatory and unpredictable services.
(E) Incidental Services. When a home health aide visits a member to provide a health-related
service, the home health aide may also perform some incidental services that do not meet the
definition of a home health aide service (for example, light cleaning, preparing a meal, removing
trash). However, the purpose of a home health aide visit must not be to provide these incidental
services and home health aide visits are not reimbursable if used to primarily conduct incidental
services, since they are not health-related services.