130 CMR 437.428
Prohibited Marketing Activities
A hospice provider must not:
(A) with the knowledge that a member is enrolled in a 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 Capitated Program in order to retain the hospice provider to provide hospice
services on a fee-for-service basis;
(B) offer to a member, or his or her family or caregivers, in-person or through marketing, any
inducement to retain the hospice provider to provide hospice 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 hospice
provider; or
(D) engage in any unfair or deceptive acts or practices in connection with any marketing.
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