130 CMR 409.416
Requirements for Prescriptions or Letters of Medical Necessity Completed by the Ordering
Practitioner
(A) LOMN and Prescription. The DME provider must obtain either a prescription or letter of
medical necessity (LOMN), or a combination of a prescription and LOMN for the purchase or rental
of DME. The prescription, LOMN, or a combination of a prescription and LOMN that meets the
requirements of 130 CMR 409.416, must be in writing, signed by the ordering practitioner, and dated
prior to the date the claim is submitted to the MassHealth agency. For certain DME that requires a
prescription by specified medical professionals, the prescription or LOMN must be signed by such
medical professionals. If the DME requires prior authorization, the prescription or LOMN must be
dated prior to the date the prior authorization request is submitted to the MassHealth agency.
(B) Required Prescription or LOMN Information. The initial and subsequent prescriptions or the
LOMN must contain the following information, as applicable, with the exception of item (5), which
may be provided in additional supporting documentation:
(1) the member’s name;
(2) the date of the prescription;
(3) the name and quantity of the prescribed item and the number of refills (if appropriate);
(4) the name, NPI number, and signature of the ordering practitioner and date signed;
(5) medical justification for the item(s) being requested, including diagnosis or ICD-10 code;
(6) the equipment settings, hours to be used per day, options, or additional features, as they
pertain to the equipment;
(7) length of need;
(8) the expected outcome and therapeutic benefit of providing the requested item(s) or
treatment, when requested; and
(9) a summary of any previous treatment plan, including outcomes, that was used to treat the
diagnosed condition for which the prescribed treatment is being recommended, upon request.
(C) Prescription or LOMN Formats. The MassHealth agency accepts either written prescriptions or
letters of medical necessity for DME in the following formats, provided the requirements of 130
CMR 409.416(B) are met.
(1) If the MassHealth agency has published a MassHealth Medical Necessity Review form for
specific DME, providers may use the MassHealth Medical Necessity Review form as the
prescription and letter of medical necessity specific to the DME being furnished. These forms
can be found on the MassHealth website.
(2) If the forms described in 130 CMR 409.416(C)(1) are not used by the DME provider, the
MassHealth agency accepts prescriptions and letters of medical necessity written on one of the
following, if the form and format include all requirements in 130 CMR 409.416(B); and
comply with MassHealth administrative and billing regulations and instructions; and state and
federal law and regulations:
(a) the ordering practitioner’s prescription pad;
(b) the ordering practitioner’s letterhead stationery;
(c) the hospital prescription pad, if the member is being discharged from a hospital;
(d) electronic prescriptions (escripts) that comply with state and federal requirements;
(e) the MassHealth agency’s Durable Medical Equipment and Medical Supplies General
Prescription and Medical Necessity Review Form (DME-2), unless there is a product-
specific Medical Necessity Review form as stated in 130 CMR 409.416(C)(1); or
(f) the Region A Durable Medical Equipment Carrier (DME Medicare Administrative
Contractor (MAC)) Certificate of Medical Necessity (CMN) completed in accordance with
the instructions established by the Region A DME MAC and in compliance with 130 CMR
409.416(A).
(3) For prescription and letter of medical necessity requirements for members residing in
nursing facilities, see 130 CMR 409.416(E).
(D Electronic Transmission of Prescriptions. Prescriptions may be transmitted electronically to the
DME provider by the member’s ordering practitioner in accordance with the MassHealth agency’s
administrative and billing instructions and applicable state and federal laws.
(E) Documentation for Prescriptions for Members in Nursing Facilities. For members residing in
nursing facilities, the prescription is the actual order in the member’s medical record. The
prescription must include a copy of the current month’s order sheet that is signed and dated by the
ordering practitioner, a copy of the medical justification from the member’s nursing facility record,
and must include any additional documentation necessary to support medical necessity. Additional
documentation may include physician progress notes; relevant laboratory or diagnostic test results;
nursing, nutrition, or therapy assessments and notes; or wound assessments with pictures done with
specialized wound photography.
(F) Refills of DME.
(1) The MassHealth agency may allow payment of refills of DME prescribed up to a
maximum of 12 months.
(2) The absence of an indication to refill by the prescriber renders the prescription
nonrefillable.
(3) The MassHealth agency does not pay for any refill without approval from a member or
member’s authorized representative, provided at the time the prescription is to be refilled.
The possession by a provider of a prescription with remaining refills does not constitute
approval from the member to refill the prescription.
(4) The DME provider must keep records of all member or authorized representative
approval of refills in accordance with 130 CMR 409.430(L).