130 CMR, § 450.203 - Payment in Full
(A) Federal and state
laws require that participation in MassHealth be limited to providers who agree
to accept, as payment in full, the amounts paid in accordance with the
applicable fees and rates or amounts established under a provider contract or
regulations applicable to MassHealth payment. (See
42 CFR
447.15 and M.G.L. c. 118E, § 36.) No
provider may solicit, charge, receive, or accept any money, gift, or other
consideration from a member, or from any other person, for any item or medical
service for which payment is available under MassHealth, in addition to,
instead of, or as an advance or deposit against the amounts paid or payable by
the MassHealth agency for such item or service, except to the extent that the
MassHealth regulations specifically require or permit contribution or
supplementation by the member or by a health insurer.
(B) If the provider receives payment from a
member for any service payable under MassHealth without knowing that the member
was a MassHealth member at the time the service was provided, the provider
must, upon learning that the individual is a MassHealth member, immediately
return all sums solicited, charged, received, or accepted with respect to such
service.
Notes
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