101 CMR, § 316.01 - General Provisions

(1) Scope and Purpose.
(a) 101 CMR 316.00 governs the payment rates used by all governmental units for surgery and anesthesia services provided to publicly aided patients. Rates for services provided to individuals covered by the Workers' Compensation Act, M.G.L. c. 152, are not set forth in 101 CMR 316.00, but are at 114.3 CMR 40.00: Rates for Services under M.G.L. c. 152, Worker's Compensation Act.
(b) The following laboratory services have a professional and technical component: 83020, 84165, 84166, 84181, 84182, 85390, 85576, 86255, 86256, 86320, 86325, 86327, 86334, 86335, 87164, 87207, 88371, 88372 and 89060. Payment rates for the professional component are contained herein. Payment rates for the technical component for these codes are contained in 101 CMR 320.00: Rates for Clinical Laboratory Services.
(2) Applicable Dates of Service. Rates contained in 101 CMR 316.00 apply for dates of service on or after May 1, 2024, except as otherwise noted.
(3) Coverage.
(a) Payment rates in 101 CMR 316.00 are used to pay for surgical and anesthesia services rendered to patients in a private medical office, freestanding ambulatory surgical center, licensed clinic, hospital or other inpatient or outpatient facility or department, or other appropriate setting by an individual eligible provider, when an eligible provider bills for the medical services rendered and no other payment method applies.
(b) The rates of payment under 101 CMR 316.00 are full compensation for patient care rendered to publicly aided patients as well as for any related administrative or supervisory duties in connection with patient care. The rates of payment also reimburse all overhead expenses associated with the service provided, without regard to where the care is rendered.
(4) Disclaimer of Authorization of Services. 101 CMR 316.00 is not authorization for or approval of the procedures for which rates are determined pursuant to 101 CMR 316.00. Governmental units that purchase care are responsible for the definition, authorization, coverage policies, and approval of care and services provided to publicly aided patients.
(5) Coding Updates and Corrections. EOHHS may publish procedure code updates and corrections in the form of an administrative bulletin. Updates may reference coding systems including, but not limited to, the American Medical Association's Current Procedural Terminology (CPT).
(a) The publication of such updates and corrections will list
1. codes for which the code numbers change, with the corresponding cross references between the new codes and the codes being replaced. Rates for such updated codes are set at the rate of the code that is being replaced;
2. deleted codes for which there are no corresponding new codes; and
3. codes for entirely new services that require pricing. EOHHS will list these codes and apply individual consideration (I.C.) reimbursement for these codes until appropriate rates can be developed.
(b) For entirely new codes that require new pricing and have Medicare assigned relative value units (RVUs) (or, for applicable services, Medicare rates), EOHHS may list these codes and price them according to the rate methodology used in setting physician rates. When Medicare RVU s (or, for applicable services, Medicare rates) are not available, EOHHS may apply individual consideration in reimbursing for these new codes until appropriate rates can be developed.
(6) Administrative Bulletins. EOHHS may issue Administrative Bulletins to add, delete, or otherwise update codes or modifiers, and to clarify its policy on and understanding of substantive provisions of 101 CMR 316.00. EOHHS may also issue Administrative Bulletins to clarify to which duly licensed or certified health care professionals or students the rate methods in 101 CMR 316.00 apply.

Notes

101 CMR, § 316.01
Adopted by Mass Register Issue S1345, eff. 8/11/2017. Amended by Mass Register Issue S1360, eff. 3/9/2018. Amended by Mass Register Issue 1448, eff. 7/23/2021. Amended by Mass Register Issue 1486, eff. 1/1/2023 (EMERGENCY). Amended by Mass Register Issue 1492, eff. 1/1/2023 (EMERGENCY). Amended by Mass Register Issue 1495, eff. 5/12/2023. Amended by Mass Register Issue 1520, eff. 4/26/2024.

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