The Commonwealth of Massachusetts



The Commonwealth of Massachusetts

Executive Office of Health and Human Services

One Ashburton Place, Room 1109

Boston, Massachusetts 02108

NOTICE OF PUBLIC HEARING

Pursuant to the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, a public hearing will be held on July 9, 2018, at 10:00 a.m., in the First Floor Conference Room, 100 Hancock Street in North Quincy, relative to the adoption of:

130 CMR 417.000: Psychiatric Day Treatment Services

130 CMR 417.000 governs MassHealth providers of psychiatric day treatment services and provides program requirements and conditions of payment for the provision of psychiatric day treatment services to MassHealth members.

MassHealth previously proposed revisions to the psychiatric day treatment program regulation on September 22, 2017, and October 6, 2017, and received extensive comments and suggestions for further revisions. This revision proposes to rescind the entire regulation and replace it with a new regulation in order to incorporate MassHealth’s review of those comments and suggestions.

The proposed revisions to 130 CMR 417.000 update, clarify and reorder the psychiatric day treatment services program regulations to:

• Remove the provider eligibility requirement for a certification process and related site visit;

• Specify that psychiatric day treatment services are provided in non-hospital clinic setting;

• Clarify the provider participation requirements for in-state psychiatric day treatment programs, including, among other things, licensing requirements, operational hour requirements, and provider participation requirements;

• Clarify the provider participation requirements for out-of-state psychiatric day treatment programs, including, among other things, licensing requirements, and participation in a Medicaid or Medicaid equivalent program;

o Revise the definition of Mental Illness to include how mental and emotional disorders are manifested by impaired functioning

• Add the definition for Prevocational Activities that prepare a member for employment.

• Add the definition of Treatment Response for determining the degree to which the individual demonstrates progress towards goal achievement.

• Revision of services, including clarifying which services are reimbursable and which are not;

• Remove references to sheltered workshop, a DDS program that is no longer operational;

• Revise the description of a review that takes place on intake, every 60 days, and at discharge, from a focus on functional level to a focus on treatment response review;

• Clarify that instead of a prescriptive set of staff, the treatment team must include a multi-disciplinary staff “available as appropriate for the needs of the participants;” and clarify certain staff qualification requirements;

• Clarify of clinical eligibility requirements, including the characteristics of members who would not be considered appropriate for psychiatric day treatment program services;

• Align the psychiatric day treatment program recordkeeping with state and federal requirements;

• Align Federal guidance that prohibits imposing limitations on services provided for a habilitative purpose that are more restrictive than limitations on services provided for a rehabilitative purpose;

• Remove psychiatric day treatment home visits language, as psychiatric day treatment program services are a site-based. Prior to this revision, no providers billed for psychiatric day treatment home visits, and as such MassHealth does not anticipate fiscal impact or access to care concerns.

The amendments are being proposed with an effective date of September 1, 2018, to align with the concurrent promulgation of amendments to the rates for psychiatric day treatment services at 101 CMR 307.00, which, among other things, remove the rate for home visits, and remove individual consideration as a payment methodology applicable to psychiatric day treatment programs.

Individuals who notify EOHHS of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers may notify EOHHS of their intention to testify at the hearing by registering online at . Individuals may also submit written testimony by e-mailing ehs-regulations@state.ma.us. Please submit electronic testimony as an attached Word document or as text within the body of the e-mail with the name of the regulation in the subject line. All submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by e-mail should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony must be submitted by 5:00 p.m. on Monday, July 9, 2018.

All persons desiring to review the current draft of the proposed actions may go to or request a copy in writing or in person from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by e-mail at ADAAccommodations@state.ma.us or by phone at 617-847-3468

(TTY: 617-847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed actions taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at masshealth.

June 18, 2018

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Tel: (617) 573-1600

Fax: (617) 573-1891

eohhs

CHARLES D. BAKER

Governor

KARYN E. POLITO

Lieutenant Governor

MARYLOU SUDDERS

Secretary

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