Current through Register 1536, December 6, 2024
Section 409.412 - MassHealth Procurements and Subcontracted Services(A) The MassHealth agency, in accordance with M.G.L. c. 118E, § 12, may issue procurements seeking qualified DME providers or suppliers to submit applications for consideration, in accordance with policies set by EOHHS.(B)Subcontracted Services. A DME provider may subcontract with other entities to provide DME. The DME provider continues to be responsible for complying with 130 CMR 450.000: Administrative and Billing Regulations and 130 CMR 409.000, when activities are performed by a subcontractor. The subcontract must be in writing and must contain, at a minimum, the following: (1) names, addresses, phone numbers, and contact names for both companies;(2) the contract term (begin and end dates);(3) a description of the DME covered under the subcontract, including the cost of each item;(4) signatures of both parties, including signature dates and position titles;(5) an established credit limit that is reasonable, based on the value of the products and services to be provided by the contractor. Collect on delivery (COD) terms are not acceptable; and(6) provisions requiring the subcontractor to meet all applicable requirements specified in 130 CMR 409.404 and 409.405.(C) A DME provider must ensure that its subcontractors of DME meet all applicable requirements specified in 130 CMR 409.404 and 409.405.Amended by Mass Register Issue 1449, eff. 8/6/2021.Amended by Mass Register Issue 1454, eff. 8/6/2021.Amended by Mass Register Issue 1472, eff. 7/1/2022.Amended by Mass Register Issue 1532, eff. 10/1/2024 (EMERGENCY).