Prohibited Marketing Activities

A therapy provider must not (A) with the knowledge that a member is enrolled in a MassHealth capitated program, engage in any practice that would reasonably be expected to have the effect of steering or encouraging the member to disenroll from the MassHealth capitated program in order to retain the therapy provider to provide therapy services on a fee-for-service basis; (B) offer to a member, or their family or caregivers, in person or through marketing, any inducement to retain the therapy provider to provide therapy services, such as a financial incentive, reward, gift, meal, discount, rebate, giveaway, or special opportunity; (C) pay a “finder’s fee” to any third party in exchange for referring a member to the therapy provider; or (D) engage in any unfair or deceptive acts or practices in connection with any marketing. 433.423: Severability The provisions of 130 CMR 432.000 are severable. If any provision of 130 CMR 432.000 or application of any provision to an applicable individual, entity, or circumstance is held invalid or unconstitutional, that holding will not be construed to affect the validity or constitutionality of any remaining provisions of 130 CMR 432.000 or application of those provisions to applicable individuals, entities, or circumstances.