130 CMR 442.404
Provider Eligibility
(A) Provider Participation Requirements. Payment for services described in 130 CMR 442.000
is made to orthotics providers who, as of the date of service, are participating in MassHealth as an
orthotics provider; to providers also enrolled as MassHealth participating DME providers; OXY
providers, or prosthetic services providers and who meet all program-specific requirements.
Applicants must meet the requirements in 130 CMR 450.000: Administrative and Billing
Regulations as well as the requirements in 130 CMR 442.000. Participating orthotics providers
must continue to meet provider eligibility participation requirements throughout the period of
their provider contract with the MassHealth agency.
(B) General Qualifications. To qualify as a MassHealth orthotics provider, all applicants and
providers must enter into a provider contract or agreement with MassHealth and
(1) have a service facility that:
(a) is open a minimum of 30 hours per week;
(b) is staffed with an employee during posted business hours;
(c) is available to members during regular, posted business hours;
(d) is physically accessible to members with disabilities, and complies with all ADA
guidelines;
(e) has clear access and space for individualized ordering, returns, repair, and storing of
business records;
(f) has the space and capability for evaluating/assessing, repairing, modifying, adjusting
and customizing products to meet members’ needs;
(g) the provider can demonstrate their ability to fill orders, fabricate, or fit items from
their own inventory or by direct purchase of items necessary to fill the order.
(h) has a sign visible from outside the service facility identifying the business name and
hours that the service facility is open. If the provider’s place of business is located within
a building complex, the sign must be visible with the business name both at the main
entrance of the building and the location where the service facility is located. The hours
must be posted within the business complex where the service facility is located;
(i) has a primary business telephone number listed in the name of the business with a
local toll-free telephone number that is answered by customer service staff during
business hours, and that has TTY transmission and reception capability. During business
hours, this number cannot exclusively be a pager, answering service, voice message
system, or cell phone; and
(j) maintains a 24-hour voice message system and/or answering service.
(2) obtain separate approval from the MassHealth agency or its designee and a separate
provider number for each service facility operated by the provider;
(3) engage in the business of providing orthotics or orthotic repair services to the public;
(4) participate in the Medicare program as a provider;
(5) have a Medicare provider number for each business and service facility and location for
which it is applying to participate or participating in MassHealth:
(6) be accredited by the American Board for Certification in Orthotics, Prosthetics and
Pedorthics, Inc. (ABC), or the Board of Certification/Accreditation International (BOC) as a
comprehensive orthotics facility, and display such accreditations at service facility locations;
(7) for each service facility, maintain fulltime coverage by an ABC- or BOC-certified
orthotist or orthotists responsible for overall patient care and for providing or supervising the
noncertified orthotists for the provision of comprehensive orthotic services at that service
facility. A noncertified orthotist must be employed by the MassHealth-enrolled Orthotics
provider;
(8) ensure that any professional staff from the disciplines listed in 130 CMR
442.404(B)(8)(a) through (d), who provide orthotic services to members meet the
requirements set forth in 130 CMR 442.404(B)(8)(a) through (d), for their respective
disciplines, and that the services provided are within their scope of practice and training.
(a) An orthotics fitter must be ABC- or BOC-certified or work under the supervision of
an ABC or BOC-certified orthotist, and be employed by the MassHealth Orthotics
provider.
(b) A fitter of therapeutic shoes for diabetics must be ABC- or BOC-certified or work
under the supervision of an ABC- or BOC-certified orthotist or ABC- or BOC-certified
pedorthist, and be employed by the MassHealth Orthotics provider.
(c) An Orthotic assistant must be ABC- or BOC-certified or work under the supervision
of an ABC- or BOC-certified orthotist, and be employed by the MassHealth Orthotics
provider.
(d) A pedorthist may be ABC- or BOC-certified or may be noncertified. A non-certified
pedorthist must work under the supervision of an ABC- or BOC-certified orthotist or
ABC- or BOC-certified pedorthist. All pedorthists must be employed by the MassHealth-
enrolled orthotics provider.
(9) meet all applicable federal, state, and local requirements, including requirements for
certifications and registrations;
(10) at the time of application and recredentialing, or any other time as requested by the
MassHealth agency or its designee, and provide all required documentation specified in 130
CMR 450.000: Administrative and Billing Regulations and 450.215: Provider Eligibility:
Notification of Potential Changes in Eligibility, including:
(a) all current liability insurance policies;
(b) the property lease agreement(s) for each service facility, or a copy of the most recent
property tax bill if applicant owns the business site;
(c) all current signed employee professional credentials, as applicable;
(d) the current facility ABC or BOC accreditation letter; and
(e) the purchase and sale agreement if the applicant or orthotics provider has recently
purchased the company for which they are applying to become a MassHealth provider;
(11) provide, or make available upon request, a copy of written policies and procedures,
including the customer service protocol, customer complaint tracking and resolution protocol,
and staff training;
(12) conduct Criminal Offender Record Information (CORI) checks on employees and
subcontractors in accordance with procedures outlined in EOHHS CORI regulations at 101
CMR 15.00: Criminal Offender Record Checks, and conducting applicable Office of
Inspector General (OIG) verifications on all personnel;
(13) not accept prescriptions from any prescribing provider who has a financial interest in the
orthotics provider or any prescribing provider who is employed by an entity that has a
financial interest in the orthotics provider;
(14) cooperate with the MassHealth agency or its designee during the application and
recredentialing process and record reviews, including agreeing to periodic inspections to
ensure compliance with 130 CMR 442.000 and applicable state and federal laws and
regulations;
(15) establish, maintain, and comply with written policies and procedures in accordance with
130 CMR 442.000 and 130 CMR 450.000: Administrative and Billing Regulations; and
(16) agree to participate in any orthotic provider orientation or any other training required by
EOHHS.
(C) In-state. To participate in MassHealth as an in-state orthotics provider, the applicant or
provider of orthotics must have a service facility in Massachusetts that meets the criteria
described in 130 CMR 442.404 (B), and must meet all other criteria described in 130 CMR
442.404.
(D) Out of state. To participate in MassHealth as an out of state orthotics provider, an applicant
or provider of orthotics must meet all of the following conditions:
(1) the provider participates in the Medicare program, and participates in the medical
assistance program of the state in which the provider primarily conducts business;
(2) the provider meets all applicable requirements under 130 CMR 442.000 and 130 CMR
450.000: Administrative and Billing Regulations, and 42 CFR 431.52; and
(3) The MassHealth agency or its designee has determined that the out-of-state provider
provides orthotics that meets a MassHealth-identified agency need.