Current through Register 1538, January 3, 2025
Section 409.419 - Delivery of Durable Medical Equipment(A)Delivery of Durable Medical Equipment to a Member's Home.(1) The DME provider must ensure that DME orders are delivered within a reasonable time after DME provider receipt of a prescription or LOMN and any required documentation or prior approval for the item. Providers must make alternate arrangements such as contracting with subcontractors, or referring the member to another DME provider, when timely delivery cannot be made by the DME provider. The MassHealth agency, reserves the right to issue additional subregulatory guidance on reasonableness of delivery times for specific DME.(2) Except as provided in 130 CMR 409.419(D), the DME provider must maintain in the member's record a copy of its delivery slip signed by the member or the member's designee accepting delivery on behalf of the member, and dated at the time of delivery. The date of the signature on the delivery slip must be the same as the date of delivery.(3) The MassHealth agency accepts the member's mark or a signature stamp as proof of delivery on behalf of a member whose disability inhibits the member's ability to write. A signature stamp may be used only by the member or the member's designee. A signature stamp may not be used by anyone associated with either the provider or the delivery service.(B)Delivery of Durable Medical Equipment to a Nursing Facility or ICF/IID. The provider must obtain and maintain in the member's record documentation as required in 130 CMR 409.430, including documentation from the facility that the equipment will be used only for the member to whom the equipment was delivered. The DME provider's delivery slip must be signed by the member, the member's designee or a designee from the nursing facility or ICF/IID, and otherwise meet the requirements of 130 CMR 409.430(D).(C)Delivery of Durable Medical Equipment to a Hospital, a Nursing Facility, or an ICF/IID in Anticipation of Discharge. A provider may deliver DME to a facility for a member who is being discharged from a hospital, a nursing facility, or ICF/IID for the purpose of fitting or training the member in its proper use up to ten business days prior to the member's discharge date. The DME provider's delivery slip must be signed by the member, or the member's designee or a designee from the facility, and otherwise meet the requirements of 130 CMR 409.430(D). The DME must be solely for use in the member's home or community. The provider may not bill for DME for the days that the member was receiving training or fitting in the facility. The provider must use the date of the member's discharge from the facility as the date of service on the claim.(D)Delivery by a Shipping Service.(1) For medical supplies delivered to a member by a shipping service, the DME provider is responsible for maintaining in the member's record a copy of the delivery services tracking slip attached to the provider's shipping invoice. The shipping invoice must include:(a) the name of the member;(b) the quantity of the supply delivered;(c) a detailed description of the items delivered including the brand name and, if applicable, the serial number; and(d) the delivery service's package identification number.(2) The shipping service's tracking slip must refer to each package delivered, the delivery address, and the corresponding package identification number assigned by the shipping service. The date of service on the claim must match the shipping date.(3) A shipping service tracking slip that meets the above requirements is an acceptable form of a delivery ticket (see130 CMR 409.430).(E)Refills. For DME provided as refills to an original prescription, the provider must contact the member or the member's designee up to seven business days before shipping or delivering the refill to ensure that the refill is necessary and to confirm any changes to the order. If the member or designee declines a delivery, the provider must not make the delivery and must not submit a claim to the MassHealth agency for the items.(F)Automatic Deliveries. MassHealth does not allow automatic deliveries. DME that is delivered to a member on a recurring basis must meet 130 CMR 409.419(E).(G)DME Adjustments . The DME provider responsible for the delivery of the DME is also responsible for providing adjustments needed for proper fit and function and instructing the member on the use of the DME.Amended by Mass Register Issue 1449, eff. 8/6/2021.Amended by Mass Register Issue 1472, eff. 7/1/2022.