130 CMR 630.407
HCBS Waiver Coverage Requirements
(A) Limitations on Covered Services. The MassHealth agency pays for HCBS waiver services
provided to a participant who resides in a home- or community-based setting, which may include,
without limitation, a temporary residence. With the exception of respite services, as described in
130 CMR 630.427, and transitional assistance, as described in 130 CMR 630.435, the
MassHealth agency does not pay for HCBS waiver services provided to a participant who is a
resident or inpatient of a hospital, nursing facility, Intermediate Care Facility for Individuals with
Intellectual Disability (ICF/IID), or any other medical facility subject to state licensure or
certification.
(B) Least Costly Form of Care. The MassHealth agency pays for HCBS waiver services only
when services are the least costly form of comparable care available in the community.