Nursing facilities must be certified for participation in the Medicare program pursuant to Title XVIII of the Social Security Act, as amended from time to time, and regulations promulgated thereunder. If a facility or institution has only one unit licensed to provide skilled-nursing care, then that unit must be Medicare certified. A facility with more than one unit licensed to provide skilled-nursing care may have one non-Medicare-certified unit. For a facility that was a MassHealth provider as of October 1, 1990, failure to comply with this requirement may result in an imposition of an administrative fine by the MassHealth agency, or may result in the facility's suspension from participation in MassHealth. For any facility applying to be a MassHealth provider after October 1, 1990, including facilities built after October 1, 1990, and facilities participating in MassHealth on October 1, 1990, that subsequently changed owners, failure to comply with this requirement will preclude such facility from participating in MassHealth.
130 CMR, § 456.406