Promulgation of Regulations

(A) All regulations of the MassHealth agency are promulgated in accordance with M.G.L. c. 30A. In the event of any conflict between the MassHealth agency’s regulations and applicable federal laws and regulations, the MassHealth agency’s regulations will be construed so far as possible to make them consistent with such federal laws and regulations. (B) Without limiting the generality of 130 CMR 450.103(A), the MassHealth agency’s regulations will be construed so far as possible to make them consistent with the federal Health Insurance Portability and Accountability Act (HIPAA), including federal regulations promulgated thereunder. To implement and comply with HIPAA, the MassHealth agency may issue billing and claims submission instructions, provider bulletins, companion guides, or other materials, which will be effective and controlling notwithstanding any MassHealth agency regulations to the contrary. (130 CMR 450.104 Reserved) 1. Introduction (130 CMR 450.000)