By Category
State Snapshot
Vocational Rehabilitation (VR)
Massachusetts VR Rates and Services
State Resources for Disability Employment and Workforce Supports
Massachusetts Department of Rehabilitation Services
Massachusetts Department of Labor
Massachusetts Department of Mental Health
Massachusetts Division of Developmental Disabilities
Massachusetts State Department of Education
Massachusetts Department of Public Health
Massachusetts State Medicaid Agency
Massachusetts Workforce Development Board
Medicaid Buy-In
Learn more about Medicaid Buy-In programs on our Medicaid Buy-In Programs page.
| Program | Income Eligibility Individual |
Income Eligibility Couple |
Asset Limit Individual |
Asset Limit Couple |
Age Limit | Premium Structure | Grace Period / Continuous Coverage |
|---|---|---|---|---|---|---|---|
| No income limit | N/A | No limit | No limit | 18 and older |
No premium under 150% FPL;
Above 150% FPL – Start at $15, Add $5 for each additional 10% FPL until 200% FPL ($15 -$35) Above 200% FPL – Start at $40, Add $8 for each additional 10% FPL until 400% FPL ($40-$192) Above 400% FPL- Start at $202, Add $10 for each additional 10% FPL until 600% FPL ($202 – $392) Above 600% FPL- Start at $404, Add $12 for each additional 10% FPL until 800% FPL ($404 – $632) Above 800% FPL – Start at $646, Add $14 for each additional 10% FPL until 1,000% FPL ($646 – $912) Above 1,000% FPL – Start at $928, Add $16 for each additional 10% FPL ($928 + greater) |
An enrollee may remain on the eligible if there’s an interruption in work up to 90 days after which they may apply for eligibility to another Medicaid group. |
Download the complete Medicaid Buy-In resource (PDF). It includes information for all states.
State-by-State Medicaid-Funded Employment Services Inventory
Learn more about this inventory on our State-by-State Inventory page.
MA Acquired Brain Injury Non-Residential Habilitation (ABI – N) Waiver (40702.R03.00)1915(c)
Effective: 05/01/2023 – Expires: 04/30/2028
Effective: 05/01/2023 – Expires: 04/30/2028
Service Types
- Prevocational Services
- Supported Employment
- Assistive Technology
- Community Based Day Supports
- Day Services
- Orientation and Mobility Services
- Peer Support
- Transportation
Service Definitions and Limitations
Prevocational Services
Prevocational Services comprises a range of learning and experiential type activities that prepare a participant for paid employment in an integrated, community setting. Services are not job-task oriented but instead, aimed at a generalized result (e.g. attention span, motor skills). The service may include teaching such concepts as attendance, task completion, problem solving and safety as well as social skills training, improving attention span, and developing or improving motor skills. Basic skill-building activities are expected to specifically involve strategies to enhance a participant’s employability in integrated, community settings. The amount, duration and scope of Prevocational Services provided to a participant is based on an assessment of the participant’s pre-employment needs that arise as a result of their functional limitations and/or conditions, including services that enable the participant to acquire, improve, retain/maintain, and prevent deterioration of functioning consistent with the participants interests, strengths, priorities, abilities and capabilities. Services are reflected in the participants individualized service plan and are directed to address habilitative or rehabilitative rather than explicit employment objectives. Prevocational services may be provided one-to-one or in a group format. This service may be provided as a site-based service, in community settings or in a combination of these settings and must include integrated community activities that support the development of vocational skills. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process This service may be delivered remotely via telehealth 100% of the time. Meals provided as part of these services shall not constitute a “full nutritional regimen” (3 meals per day). Documentation is maintained in the file of each individual receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the IDEA (20 U.S.C. 1401 et seq.).
Limits on the amount, duration, or frequency of this service:
There is no limit on the duration of this service. Goals are reevaluated annually at the Person-Centered Planning meeting and more frequently if there is a changing need.
Supported Employment
Supported employment services consists of intensive, ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need supports, to perform in a regular work setting. Supported employment may include assisting the participant to locate a job or develop a job on behalf of the participant. Supported employment is conducted in a variety of settings, particularly work sites where persons without disabilities are employed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process. This service may be delivered remotely via telehealth 100% of the time. Supported employment includes activities needed to sustain paid work by participants, including supervision and training. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by participants receiving waiver services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.). Federal financial participation is not claimed for incentive payments, subsidies, or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to an individual’s supported employment program.
Limits on the amount, duration, or frequency of this service:
This service is not for use to provide continuous long-term 1:1 support to enable an individual to complete work activities.
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve goals identified in their Plan of Care. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and set up costs but excludes installation and set-up and ongoing provision fees related to internet service. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Plan of Care; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Case Manager as part of the Plan of Care. The Case Manager will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. Participants may not receive duplicative devices through this service and either the Transitional Assistance Service or the Specialized Medical Equipment Service.
Limits on the amount, duration, or frequency of this service:
The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Community Based Day Supports
Community Based Day Supports (CBDS) is designed to enable an individual to enrich their life and enjoy a full range of community activities by providing opportunities for developing, enhancing, and maintaining competency in personal, social interactions and community integration. The service may include career exploration, including assessment of interests through volunteer experiences or situational assessments; community integration experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for individuals of working age who may be on a pathway to employment, a supplemental service for individuals who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for individuals who are of retirement age. Using a small group model, CBDS provides a flexible array of individualized supports through community activities that promote socialization, peer interaction and community integration.
Limits on the amount, duration, or frequency of this service:
N/A
Day Services
Day services/supports provide for structured day activity typically for individuals with pervasive and extensive support needs who are not ready to join the general workforce, or who are employed part-time and need a structured and supervised program of services during the time that they are not working, or who are of retirement age. Day Services are individually designed around consumer choice and preferences with a focus on improvement or maintenance of the person’s skills and their ability to live as independently as possible in the community. Day Services often include assistance to learn activities of daily living and functional skills; language and communication training; compensatory, cognitive and other strategies; interpersonal skills; recreational/socialization skills and other skills training to prepare the individual to undertake various community inclusion activities. This service may reinforce some aspects of other waiver and state plan services by allowing individuals to continue to strengthen skills, which are necessary for greater independence, productivity and community inclusion. Day Services are provided in a provider operated setting in the community and not in a participant’s residence, and do not duplicate any services under the state plan. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process.
Limits on the amount, duration, or frequency of this service:
N/A
Orientation and Mobility Services
Orientation and Mobility (O&M) services teach an individual with vision impairment or legal blindness how to move or travel safely and independently in their home and community and include (a) O&M assessment; (b) training and education provided to Participants; (c) environmental evaluations; (d) caregiver/direct care staff training on sensitivity to blindness/low vision; and (e) information and resources on community living for persons with vision impairment or legal blindness. O&M Services are tailored to the individual’s need and may extend beyond the home setting to other community settings as well as public transportation systems.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer Support is designed to provide training, instruction and mentoring to individuals about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support may be provided in small groups or peer support may involve one peer providing support to another peer, the waiver participant, to promote and support the waiver participant’s ability to participate in self-advocacy. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the individual to function in the community and/or family home. Documentation in the individual’s record demonstrates the benefit to the individual. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process . This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
Not to exceed 16 hours per week.
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 1 | 647.00 | 11.77 | 7,615.19 | 7,615.19 |
| Supported Employment | Supported Employment | 15 min | 3 | 1,176.00 | 18.74 | 66,114.72 | 66,114.72 |
| Assistive Technology | Assistive Technology – devices | Item | 2 | 6.00 | 290.62 | 3,487.44 | 7,220.46 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min | 2 | 93.00 | 20.07 | 3,733.02 | 7,220.46 |
| Community Based Day Supports | Community Based Day Supports (CBDS) | 15 min | 13 | 34.00 | 4.74 | 2,095.08 | 2,095.08 |
| Day Services | Day Services – Per Diem | Per Diem | 20 | 107.00 | 141.21 | 302,189.40 | 338,279.40 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 10 | 50.00 | 72.18 | 36,090.00 | 338,279.40 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 39.00 | 40.22 | 1,568.58 | 1568.58 |
| Peer Support | Peer Support | 15 min | 1 | 1,059.00 | 7.83 | 8,291.97 | 8,291.97 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 1 | 679.00 | 13.35 | 9,064.65 | 9,064.65 |
| Supported Employment | Supported Employment | 15 Minute | 4 | 1,234.00 | 21.26 | 104,939.36 | 104,939.36 |
| Assistive Technology | Assistive Technology – devices | Item | 15 | 6.00 | 329.64 | 29,667.60 | 62,783.40 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min | 15 | 97.00 | 22.76 | 33,115.80 | 62,783.40 |
| Community Based Day Supports | Community Based Day Supports (CBDS) | 15 Minute | 17 | 33.00 | 5.38 | 3018.18 | 3018.18 |
| Day Services | Day Services – Per Diem | Per Diem | 25 | 112.00 | 160.17 | 448,476.00 | 504,884.43 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 13 | 53.00 | 81.87 | 56,408.43 | 504,884.43 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 41.00 | 45.62 | 1,870.42 | 1,870.42 |
| Peer Support | Peer Support | 15 min | 1 | 1,111.00 | 8.89 | 9,876.79 | 9,876.79 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. The HCBS rate regulation was last updated effective April 1, 2021. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied.
The rates for all waiver services in this waiver were established in accordance with the above statutory requirements. Additional information on the rate development for each waiver service follows.
The waiver rates can be found in EOHHS waiver services regulations 101 CMR 359.00 (Rates for Home and Community Based Services Waivers). The regulation can be found on the MassHealth website: www.mass.gov/eohhs/gov/departments/masshealth/
101 CMR 359.00 establishes rates for waiver services based on and tied to existing rate setting methodologies for similar/same services when possible. As such, the rates for waiver services in this waiver are established in one of four ways, as follows:
For waiver services in which there is a comparable Medicaid state plan rate, the waiver service rate was established in regulation at the comparable Medicaid state plan rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All Medicaid state plan rates were established in regulation pursuant to this same statutory requirement. Medicaid State Plan rates are developed using provider cost data submitted to the Center for Health Information and Analysis (CHIA) in accordance with provider cost reporting requirements under 957 CMR 6.00: Cost Reporting Requirements. The provider cost data is used to calculate rates that meet the statutory rate adequacy requirements noted above. There are no differences in the rate methodology between these state plan and waiver services. No additional CAF was used for the waiver services using the comparable state plan rate. This applies to the following waiver services:
Skilled Nursing (101 CMR 350.00 Home Health Services; Rates for Skilled Nursing Services)
Occupational, Physical and Speech Therapy (101 CMR 350.00: Rates for Home Health Services for agency services and 101 CMR 339.00 Rates for Restorative Services out-of-office visit rates for Individual Providers)
Home Health Aide and Supportive Home Care Aide (101 CMR 350.00: Rates for Home Health Services)
Specialized Medical Equipment (101 CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment)
Transportation (101 CMR 327.00 Ambulance and Wheelchair Van Services)
Non-agency Personal Care (101 CMR 309.00: Services for the Personal Care Attendant Program)
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation at the comparable POS rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as staff salaries; tax and fringe benefits; expenses such as training, occupancy, supplies and materials, or other expenses specific to each service; and administrative allocation. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates for particular services by determining the average for each line item across all providers. In determining the rates for the services noted below, EOHHS used the most recent complete state fiscal year UFR available and determined the average across providers of that service for each line item, which are then used to build each rate.
The waiver service rate is set at the comparable EOHHS POS rate for the following waiver services: Community Based Day Supports (101 CMR 415.00: Rates for Community-Based Day Support Services)
Community Behavioral Health Support and Navigation (101 CMR 444.00: Rates for Certain Substance-Related and Addictive Disorders Programs)
Community Family Training (101 CMR 414.00: Rates for Family Stabilization Services; Family Training rate) Individual Support and Community Habilitation (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports) Peer Support (101 CMR 414.00: Rates for Family Stabilization Services)
Shared Home Supports (101 CMR 411.00: Rates for Certain Placement, Support and Shared Living Services) Supported Employment (101 CMR 419.00: Rates for Supported Employment Services)
Assistive Technology – evaluation and training (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
For waiver services in which there is no comparable state plan or EOHHS POS rate, a rate for the waiver service was developed and established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and as described below.
For Adult Companion, Agency Personal Care, Chore Services, Homemaker Services, and Supportive Home Care Aide, rates were developed using applicable agency data from April 2019 for comparable services provided through the Executive Office of Elder Affairs (EOEA) Home Care Program, which provides elders in the Commonwealth with long term services and supports that enable them to live in the community and is the largest purchaser of these services. Home Care Program services include Adult Companion, Agency Personal Care, Chore Services, Homemaker Services and Supportive Home Care Aide. For these services, the median of contracted service prices was used as the rate. The methodology and data sources used in this analysis were consistent with the method used previously in past analysis.
Calculations were performed using SAS statistical software.
The rate for Laundry services will be established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and based on applicable agency data for this service provided through the Executive Office of Elder Affairs (EOEA) Home Care Program. The rate will be based on the median of contracted service prices, consistent with the methodology noted for the services above.
Rates for Home Delivered Meals will be established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and based on the rate currently in place through Appendix K authority.
Rates for Day Services, Independent Living Supports and Prevocational Services set in 101 CMR 359.00 were updated from prior rates by applying a prospective CAF of 2.14%, with a base period of 2020 Q2 and a prospective rate period of 2020 Q3 through 2022 Q2. The CAF is based on the Massachusetts Consumer Price Index for Spring 2019 optimistic forecast provided by IHS Markit Economics.
Rates for Orientation and Mobility services set in 101 CMR 359.00 were updated using calendar year (CY) 2019 Medicare Resource-Based Relative Value Scale system, which calculates service rates by multiplying the CY2019 Medicare conversion factor, a standard dollar value, by the Medicare-assigned relative value units for the service.
Assistive Technology (devices), Home Accessibility Adaptations, Respite, Transitional Assistance, and Vehicle Modifications are paid at Individual Consideration (IC). Where IC rates are designated, the appropriate payment rate is determined in accordance with the following standards and criteria established in 101 CMR 359.00:
the amount of time required to complete the service or item;
the degree of skill required to complete the service or item;
the severity or complexity of the service or item;
the lowest price charged or accepted from any payer for the same or similar service or item, including, but not limited to any shelf price, sale price, advertised price, or other price reasonably obtained by a competitive market for the service or item; and
the established rates, policies, procedures, and practices of any other purchasing governmental unit in purchasing the same or similar services or items.
All costs that are not eligible for federal financial participation, such as room and board, are specifically excluded from the rate computation of any waiver services.
The waiver case manager will inform the participant of the availability of information about waiver services payment rates and 101 CMR 359.00.
MA Acquired Brain Injury with Residential Habilitation (ABI – RH) Waiver (40701.R03.00)1915(c)
Effective: 05/01/2023 – Expires: 04/30/2028
Effective: 05/01/2023 – Expires: 04/30/2028
Service Types
- Prevocational Services
- Supported Employment
- Assistive Technology
- Community Based Day Supports
- Day Services
- Orientation and Mobility Services
- Peer Support
- Transportation
Service Definitions and Limitations
Prevocational Services
Prevocational Services comprises a range of learning and experiential type activities that prepare a participant for paid employment in an integrated, community setting. Services are not job-task oriented but instead, aimed at a generalized result (e.g. attention span, motor skills). The service may include teaching such concepts as attendance, task completion, problem solving and safety as well as social skills training, improving attention span, and developing or improving motor skills. Basic skill-building activities are expected to specifically involve strategies to enhance a participant’s employability in integrated, community settings. The amount, duration and scope of Prevocational Services provided to a participant is based on an assessment of the participant’s pre-employment needs that arise as a result of their functional limitations and/or conditions, including services that enable the participant to acquire, improve, retain/maintain, and prevent deterioration of functioning consistent with the participant’s interests, strengths, priorities, abilities and capabilities. Services are reflected in the participant’s individualized service plan and are directed to address habilitative or rehabilitative rather than explicit employment objectives. Prevocational services may be provided one-to-one or in a group format. This service may be provided as a site-based service, in community settings or in a combination of these settings and must include integrated community activities that support the development of vocational skills. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Meals provided as part of these services shall not constitute a “full nutritional regimen” (3 meals per day). Documentation is maintained in the file of each individual receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the IDEA (20 U.S.C. 1401 et seq.).
Limits on the amount, duration, or frequency of this service:
There is no limit on the duration of this service. Goals are reevaluated annually at the Person-Centered Planning meeting and more frequently if there is a changing need.
Supported Employment
Supported employment services consists of intensive, ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need supports, to perform in a regular work setting. Supported employment may include assisting the participant to locate a job or develop a job on behalf of the participant. Supported employment is conducted in a variety of settings, particularly work sites where persons without disabilities are employed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Supported employment includes activities needed to sustain paid work by participants, including supervision and training. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by participants receiving waiver services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.). Federal financial participation is not claimed for incentive payments, subsidies, or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to an individual’s supported employment program.
Limits on the amount, duration, or frequency of this service:
This service is not for use to provide continuous long-term 1:1 support to enable an individual to complete work activities.
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve goals identified in their Plan of Care. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and set up costs but excludes installation and set-up and ongoing provision fees related to internet service. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Plan of Care; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Case Manager as part of the Plan of Care. The Case Manager will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. Participants may not receive duplicative devices through this service and either the Transitional Assistance Service or the Specialized Medical Equipment Service.
Limits on the amount, duration, or frequency of this service:
The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Community Based Day Supports
Community Based Day Supports (CBDS) is designed to enable an individual to enrich their life and enjoy a full range of community activities by providing opportunities for developing, enhancing, and maintaining competency in personal, social interactions and community integration. The service may include career exploration, including assessment of interests through volunteer experiences or situational assessments; community integration experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for individuals of working age who may be on a pathway to employment, a supplemental service for individuals who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for individuals who are of retirement age. Using a small group model, CBDS provides a flexible array of individualized supports through community activities that promote socialization, peer interaction and community integration.
Limits on the amount, duration, or frequency of this service:
N/A
Day Services
Day services/supports provide for structured day activity typically for individuals with pervasive and extensive support needs who are not ready to join the general workforce, or who are employed part-time and need a structured and supervised program of services during the time that they are not working, or who are of retirement age. Day Services are individually designed around consumer choice and preferences with a focus on improvement or maintenance of the person’s skills and their ability to live as independently as possible in the community. Day Services often include assistance to learn activities of daily living and functional skills; language and communication training; compensatory, cognitive and other strategies; interpersonal skills; recreational/socialization skills and other skills training to prepare the individual to undertake various community inclusion activities. This service may reinforce some aspects of other waiver and state plan services by allowing individuals to continue to strengthen skills, which are necessary for greater independence, productivity and community inclusion. Day Services are provided in a provider operated setting in the community and not in a participant’s residence, and do not duplicate any services under the state plan. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Orientation and Mobility Services
Orientation and Mobility (O&M) services teach an individual with vision impairment or legal blindness how to move or travel safely and independently in their home and community and include (a) O&M assessment; (b) training and education provided to Participants; (c) environmental evaluations; (d) caregiver/direct care staff training on sensitivity to blindness/low vision; and (e) information and resources on community living for persons with vision impairment or legal blindness. O&M Services are tailored to the individual’s need and may extend beyond residential settings to other community settings as well as public transportation systems.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer Support is designed to provide training, instruction and mentoring to individuals about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support may be provided in small groups or peer support may involve one peer providing support to another peer, the waiver participant, to promote and support the waiver participant’s ability to participate in self-advocacy. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the individual to function in the community and/or family home. Documentation in the individuals record demonstrates the benefit to the individual. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
Not to exceed 16 hours per week.
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 38 | 852.00 | 12.07 | 390,778.32 | 390,778.32 |
| Supported Employment | Supported Employment | 15 min | 104 | 780.00 | 16.95 | 1,374,984.00 | 1,374,984.00 |
| Assistive Technology | Assistive Technology – devices | Item | 16 | 5.00 | 290.62 | 23,249.60 | 51,829.28 |
| Assistive Technology | Assistive Technology -evaluation and training | 15 min | 16 | 89.00 | 20.07 | 28,579.68 | 51,829.28 |
| Community Based Day Supports | Community Based Day Supports | 15 min | 84 | 126.00 | 5.21 | 55,142.64 | 55,142.64 |
| Day Services | Day Services – Per Diem | Per Diem | 326 | 106.00 | 139.63 | 4,825,054.28 | 5,334,833.16 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 118 | 62.00 | 69.68 | 509,778.88 | 5,334,833.16 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 38.00 | 40.22 | 1,528.36 | 1,528.36 |
| Peer Support | Peer Support | 15 min | 89 | 1,409.00 | 7.83 | 981,889.83 | 981,889.83 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 84 | 852.00 | 13.69 | 979,765.92 | 979,765.92 |
| Supported Employment | Supported Employment | 15 min | 117 | 780.00 | 19.23 | 1,754,929.80 | 1,754,929.80 |
| Assistive Technology | Assistive Technology – devices | Item | 91 | 5.00 | 329.64 | 149,986.20 | 334,319.44 |
| Assistive Technology | Assistive Technology -evaluation and training | 15 min | 91 | 89.00 | 22.76 | 184,333.24 | 334,319.44 |
| Community Based Day Supports | Community Based Day Supports | 15 Minute | 95 | 126.00 | 5.91 | 70,742.70 | 70,742.70 |
| Day Services | Day Services – Per Diem | Per Diem | 366 | 106.00 | 158.38 | 6,144,510.48 | 6,796,191.86 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 133 | 62.00 | 79.03 | 651,681.38 | 6,796,191.86 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 38.00 | 45.62 | 1,733.56 | 1,733.56 |
| Peer Support | Peer Support | 15 min | 200 | 1,409.00 | 8.89 | 2,505,202.00 | 2,505,202.00 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. The HCBS rate regulation was last updated effective April 1, 2021. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied.
The rates for all waiver services in this waiver were established in accordance with the above statutory requirements. Additional information on the rate development for each waiver service follows.
The waiver rates can be found in EOHHS waiver services regulations 101 CMR 359.00 (Rates for Home and Community Based Services Waivers). The regulation can be found on the MassHealth website: www.mass.gov/eohhs/gov/departments/masshealth/
101 CMR 359.00 establishes rates for waiver services based on and tied to existing rate setting methodologies for similar/same services when possible. As such, the rates for waiver services in this waiver are established in one of four ways, as follows:
For waiver services in which there is a comparable Medicaid state plan rate, the waiver service rate was established in regulation at the comparable Medicaid state plan rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All Medicaid state plan rates were established in regulation pursuant to this same statutory requirement. Medicaid State Plan rates are developed using provider cost data submitted to the Center for Health Information and Analysis (CHIA) in accordance with provider cost reporting requirements under 957 CMR 6.00: Cost Reporting Requirements. The provider cost data is used to calculate rates that meet the statutory rate adequacy requirements noted above. There are no differences in the rate methodology between these state plan and waiver services. No additional CAF was used for the waiver services using the comparable state plan rate. This applies to the following waiver services:
Skilled Nursing (101 CMR 350.00 Home Health Services; Rates for Skilled Nursing Services)
Occupational, Physical and Speech Therapy (101 CMR 350.00: Rates for Home Health Services for agency services and 101 CMR 339.00 Rates for Restorative Services out-of-office visit rates for Individual Providers)
Specialized Medical Equipment (101 CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment)
Transportation (101 CMR 327.00 Ambulance and Wheelchair Van Services)
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation at the comparable POS rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as staff salaries; tax and fringe benefits; expenses such as training, occupancy, supplies and materials, or other expenses specific to each service; and administrative allocation. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates for particular services by determining the average for each line item across all providers. In determining the rates for the services noted below, EOHHS used the most recent complete state fiscal year UFR available and determined the average across providers of that service for each line item, which are then used to build each rate.
The waiver service rate is set at the comparable EOHHS POS rate for the following waiver services: Community Based Day Supports (101 CMR 415.00: Rates for Community-Based Day Support Services)
Community Behavioral Health Support and Navigation (101 CMR 444.00: Rates for Certain Substance-Related and Addictive Disorders Programs)
Individual Support and Community Habilitation (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports) Peer Support (101 CMR 414.00: Rates for Family Stabilization Services)
Residential Family Training (101 CMR 414.00: Rates for Family Stabilization Services; Family Training rate) Residential Habilitation (101 CMR 420.00 Rates for Adult Long-Term Residential Services)
Shared Living – 24 Hour Supports (101 CMR 411.00 Rates for Certain Placement, Support and Shared Living Services) Supported Employment (101 CMR 419.00: Rates for Supported Employment Services)
Assistive Technology – evaluation and training (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
For waiver services in which there is no comparable state plan or EOHHS POS rate, a rate for the waiver service was developed and established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and as described below.
Rates for Assisted Living, Day Services and Prevocational Services set in 101 CMR 359.00 were updated from prior rates by applying a prospective CAF of 2.14%, with a base period of 2020 Q2 and a prospective rate period of 2020 Q3 through 2022 Q2. The CAF is based on the Massachusetts Consumer Price Index for Spring 2019 optimistic forecast provided by IHS Markit Economics.
Rates for Orientation and Mobility services set in 101 CMR 359.00 were updated using calendar year (CY) 2019 Medicare Resource-Based Relative Value Scale system, which calculates service rates by multiplying the CY2019 Medicare conversion factor, a standard dollar value, by the Medicare-assigned relative value units for the service.
Assistive Technology – devices, Home Accessibility Adaptations, and Transitional Assistance are paid at Individual Consideration (IC). Where IC rates are designated, the appropriate payment rate is determined in accordance with the following standards and criteria established in 101 CMR 359.00:
the amount of time required to complete the service or item;
the degree of skill required to complete the service or item;
the severity or complexity of the service or item;
the lowest price charged or accepted from any payer for the same or similar service or item, including, but not limited to any shelf price, sale price, advertised price, or other price reasonably obtained by a competitive market for the service or item; and
the established rates, policies, procedures, and practices of any other purchasing governmental unit in purchasing the same or similar services or items.
All costs that are not eligible for federal financial participation, such as room and board, are specifically excluded from the rate computation of any waiver services. The waiver case manager will inform the participant of the availability of information about waiver services payment rates and 101 CMR 359.00.
MA Adult Supports Waiver (0828.R03.00)1915(c)
Effective: 07/01/2023 – Expires: 06/30/2028
Effective: 07/01/2023 – Expires: 06/30/2028
Service Types
- Group Supported Employment
- Assistive Technology
- Community Based Day Supports
- Individual Supported Employment
- Individualized Day Support
- Peer Support
- Transportation
Service Definitions and Limitations
Group Supported Employment
Group Supported employment services consist of the ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. The outcome of the service is sustained paid employment and work experience leading to further career development and individual community employment for which the participant is compensated at or above the minimum wage, but not less than the customary wage and level of benefit paid by the employer for the same or similar work performed by individuals without disabilities. Small group supported employment are services and training activities provided in regular business, industry and community settings for groups of two (2) to eight (8) workers with disabilities. Examples include mobile work crews, enclaves and other business-based workgroups employing small groups of workers with disabilities in employment in the community. Services must be provided in a manner that promotes engagement in the workplace and interaction between participants and people without disabilities including co-workers, customers, and supervisors. Group supported employment includes any combination of the following services: job-related discovery or assessment, assisting the participants to locate a job or develop a job on behalf of the participants, job analysis, training and systematic instruction, job coaching, negotiation with prospective employers, and benefits support. Typically group supported employment consists of 2-8 participants, working in the community under the supervision of a provider agency. The participants are generally considered employees of the provider agency and are paid and receive benefits from that agency. Group supported employment includes activities needed to sustain paid work by participants including supervision and training and may include transportation if not available through another source. Transportation between the participants’ place of residence and the employment site or between the provider site and the group employment site may be provided. Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.) Group supported employment does not include volunteer work or vocational services provided in facility based work settings. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve outcomes identified in their Individual Support Plan. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and setup costs but excludes installation and setup and ongoing provision fees related to internet service.
Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and, acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of assistive technology devices; coordination and use of necessary therapies, interventions, or services with assistive technology devices that are associated with other services contained in the Individual Support Plan; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Service Coordinator as part of the Individual Support Plan. The Service Coordinator will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Participants may not receive duplicative devices through both the Transitional Assistance Service and the Assistive Technology Service. The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Limits on the amount, duration, or frequency of this service:
N/A
Community Based Day Supports
This program of supports is designed to enable an participant to enrich their life and enjoy a full range of (community) activities in a community setting by providing opportunities for developing, enhancing, and maintaining competency in personal, social and community activities. The service includes career exploration, including assessment of interests through volunteer experiences or situational assessments; community experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for participants of working age who may be on a pathway to employment, a supplemental service for participants who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for participants who are of retirement age. Community based day supports provides a structured and supervised program of services and supports in a group setting which promotes socialization and peer interaction and development of habilitative skills and achieve habilitative goals. This service is not eligible for delivery via telehealth.
Limits on the amount, duration, or frequency of this service:
N/A
Individual Supported Employment
Individual supported employment services consist of ongoing supports that enable a participant, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. Individual supported employment includes assisting the participants to locate a job or develop a job on behalf of the participant. Individual supported employment is conducted in a variety of settings, particularly typical work sites where persons without disabilities are employed. Emphasis is on work in an environment with the opportunity for participants to have contact with co-workers, customers, supervisors and others without disabilities. In individual supported employment the participant has a job based on their identified needs and interests, located in a community business. It also includes self-employment or a small business, or a homebased self-employment, or temporary services which may assist a participant in securing an individual position within a business. Individual supported employment includes job-related discovery or assessment, person-centered employment planning, job placement, job development, negotiation with prospective employers, job analysis, training and systematic instruction, job coaching in the form or regular or periodic assistance; training and support are provided for the purpose of developing, maintaining and/or improving job skills and fostering career advancement opportunities. Job coaching at the job site is not designed to provide continuous on-going support; it is expected that as the participant develops more skill and independence the level of support will decrease and fade over time as the natural supports in the work place are established. Some on-going intermittent job related support may be provided to assist the waiver participant to successfully maintain their employment situation. Natural supports are developed by the provider to help increase participation and independence of the participant within the community setting. Participants are paid by the employer. It includes transportation if not available through another source. Transportation assistance between the participants’ place of residence and the employment site is included in the rate paid to providers of individual supported employment services. Ongoing transportation for a participant is excluded from the rate. Time-limited transportation for components of discovery, career exploration, job development is provided. Once the participant is hired, transportation ceases. Individual supported employment may be self-directed and paid through the Fiscal Intermediary.
Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program. When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.) Individual supported employment excludes participants working in mobile crews or in small groups. It excludes volunteer work.
This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment . This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Individualized Day Support
Services and supports provided to participants tailored to their specific personal goals and outcomes related to the acquisition, improvement, and/or retention of skills and abilities to prepare and support a participant for work and/or community participation and/or meaningful retirement activities, and could not do so without this direct support. This service can only be participant-directed. A qualified family member or relative, independent contractor or service agency may provide services. This service originates from the home of the participant and is generally delivered in the community. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. Examples: • Develop and implement an individualized plan for day services and supports; • Assist in developing and maintaining friendships of choice and skills to use in daily interactions; • Provide support to explore job interests or retirement options; • Provide opportunities to participate in community activities, including support to attend and participate in post-secondary or adult education classes; • Provide support to complete work or business activities including supports for participants who own their own business; • Training and support to increase or maintain self-help, socialization, and adaptive skills to participate in own community; • Develop, maintain or enhance independent functioning skills in the areas of sensory-motor, cognition, personal grooming, hygiene, toileting, etc.
This service is not provided in or from a facility-based day program. This service is not provided from a provider-operated or state-operated group residence. This service may not be provided at the same time as Group or Individual Supported Employment, Community Based Day Supports, Individual Goods and Services or when other services that include care and supervision are provided. This service is only available to waiver participants who self-direct their own supports and must be pre-approved by the Team, subject to DDS rules stated above, and must be an identified need and documented in the service plan. The Individualized Day Supports must be purchased through a self-directed budget through either the Fiscal Intermediary or the Agency with Choice.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer support is designed to provide training, instruction and mentoring to participants about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support is designed to promote and assist the waiver participant’s ability to participate in self-advocacy through either a peer mentor or through an individual/agency peer support facilitator. Peer support may be provided in 1) small groups or 2) peer support may involve one individual who is either a peer or an individual peer support facilitator providing support to a waiver participant. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the participant to function in the community and/or family home. Documentation in the participant’s record demonstrates the benefit to the participant. This service may be provided in small groups or as a one-to-one support for the participant. Peer support is available to participants who reside in 24 licensed settings, in the family home, a home of their own or receive less than 24 hours of support per day. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 1732 | 1,585.00 | 4.59 | 12,600,559.80 | 12,600,559.80 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 minutes | 68 | 100.00 | 19.45 | 132,260.00 | 235,673.04 |
| Assistive Technology | Assistive Technology – devices | item | 34 | 4.00 | 760.39 | 103,413.04 | 235,673.04 |
| Community Based Day Supports | Community Based Day Supports – 15 minutes | 15 minutes | 3,452 | 2,410.00 | 4.75 | 39,516,770.00 | 39,516,770.00 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 1,754 | 368.00 | 13.57 | 8,759,055.04 | 8,759,055.04 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 354 | 2,399.00 | 5.92 | 5,027,536.32 | 5,027,536.32 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 61 | 498.00 | 5.90 | 179,230.20 | 179,230.20 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 1833 | 1585.00 | 5.21 | 15136639.05 | 15136639.05 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 minutes | 362 | 100.00 | 22.05 | 798,210.00 | 1,422,645.52 |
| Assistive Technology | Assistive Technology – devices | item | 181 | 4.00 | 862.48 | 624,435.52 | 1,422,645.52 |
| Community Based Day Supports | Community Based Day Supports – 15 minutes | 15 minutes | 3,654 | 2,410.00 | 5.39 | 47,465,094.60 | 47,465,094.60 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 1,856 | 368.00 | 15.39 | 10,511,493.12 | 10,511,493.12 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 374 | 2,399.00 | 6.72 | 6,029,358.72 | 6,029,358.72 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 65 | 498.00 | 6.69 | 216,555.30 | 216,555.30 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied.
Additional information on the rate development for waiver service follows.
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in POS regulation after public hearing pursuant to MGL c. 118E, s.13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using benchmarks from a variety of data sources. Salary benchmarks are computed from Bureau of Labor Statistics data for median wages paid to relevant staff titles in Massachusetts during the most recent reporting year available. Tax, fringe, and administrative rates are benchmarked to rates established by the Massachusetts Office of the State Comptroller. Other non-salary benchmarks are determined using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as training, occupancy, supplies and materials, or other expenses specific to each service.
EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates by determining the average for each line item across all providers. EOHHS uses the most recent complete state fiscal year UFR available to determine the average across providers of that service for each line item, which are then used to build each rate. The waiver service rate is set at the comparable POS rate for the following:
-Assistive Technology, evaluation and training component (set in accordance with 101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
-Behavioral Supports and Consultation, Family Training, Peer Support and Respite – per 15 minutes (set in accordance with 101 CMR 414.00: Rates for Family Stabilization Services)
-Community Based Day Supports (set in accordance with 101 CMR 415.00: Rates for Community-Based Day Support Services)
-Group Supported Employment and Individual Supported Employment (set in accordance with 101 CMR 419: Rates for Supported Employment Services)
-Respite – per diem (set in accordance with 101 CMR 420.00: Rates for Adult Long-Term Residential Services)
-Individualized Home Supports (set in accordance with 101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
-Stabilization (set in accordance with 101 CMR 412.00: Rates for Family Transitional Support Services)
-Remote Supports and Monitoring – (set in accordance with 101 CMR 426.00: Rates for Certain Adult Community Mental Health Services) Remote Supports and Monitoring is reimbursed on a two-tiered rate, based on the level of intensity of service that is required by the participant and to prevent duplication of payments. Determination of intensity is based on an individual evaluation and also takes into account factors that include other services the participant receives, natural supports, and level of technology needed. An assessment is conducted to determine whether a participant needs additional equipment to interface with the standard RSM equipment and call center. The state reimburses the higher tier rate for participants who require this additional Assistive Technology equipment, because that extra equipment and its interface with the standard RSM equipment and call center is associated with higher clinical needs and accompanied by additional RSM staff time. The state reimburses the lower tier rate for participants who do not require this additional Assistive Technology equipment. The two rate tiers are informed by model staffing ratios for the remote monitoring center and the costs of monitoring center equipment and infrastructure. The monitoring center costs are fixed between the two tiers, but the staffing ratio and infrastructure assumptions increase in the higher tier to reflect the individual’s higher needs.
Agency-based, per-trip transportation services:MA has a coordinated statewide Human Service Transportation (HST) brokerage system with Regional Transit Authorities currently brokering and managing consumer trips throughout the state. Brokers arrange transportation services by subcontracting with local qualified transportation providers. Work volume for transportation providers can be as limited as occasional trips for mid-day medical appointments to long-term, multiple days a week, route-structured program services. For Demand-response trips, contracted providers will be awarded trips on a daily basis based on lowest price, availability and prior performance. Program-Based trips for a specific destination, frequency and time, usually operating on a daily or regularly scheduled basis were procured for a five year period beginning July 1, 2015. Additional routes are added as needed. Contracts are awarded based on lowest price, availability and prior performance.
Self-directed services with employer authority are paid through the Fiscal Employer Agent (FEA/FMS) at rates within an established range of payment. Participants may determine staff wages within the established range of payment. The minimum that may be paid is the state’s minimum wage, while the maximum is set as the agency provider rate for the service to be provided. These limits apply to wages for the following self-directed waiver services:
-Adult Companion (maximum rates set in accordance with 101 CMR 414.00)
-Chore(maximum rates set in accordance with 101 CMR 359.00)
-Behavioral Supports and Consultation, Family Training, Peer Support, and Respite (maximum rates set in accordance with 101 CMR 414.00)
-Individualized Home Supports (maximum rate set in accordance with 101 CMR 423.00)
-Individual Supported Employment (maximum rate set in accordance with 101 CMR 419.00)
For waiver services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation after public hearing pursuant to Massachusetts General Laws Chapter 118E, Section 13D, and as described below. This approach applies to the following waiver services:
-Rates for Chore are set in accordance with 101 CMR 359.00: Rates for Home and Community Based Services Waivers, and were established based on data for comparable services provided through the Executive Office of Elder Affairs (EOEA) Home Care Program, which is the largest purchaser of these services. The most current data for SFY 2016 was used, and rates were adjusted to the median rate paid for each of these services under the Home Care Program. The EOEA Home Care Program provides elders in the Commonwealth with long term services and supports that enable them to live in the community. The Home Care Program includes participants in the Frail Elder Waiver as well as other participants served at state cost. Home Care program services include Adult Companion and Chore Services. For these specific services, the median of contracted service prices excluding the outliers was found. Outliers were removed for any pricing in the database that was 2 standard deviations away from the mean for that service. This median is used as the rate for Chore Services.
Purchase of goods as waiver services are paid according to the cost of the good. For services that are self-directed, payments for purchase of goods are made through the FEA/FMS and purchased through a self- directed budget. This approach applies to the following:
-Assistive Technology devices
-Home Modifications
-Individual Goods and Services
-Specialized Medical Equipment and Supplies
-Transportation – transit passes only
-Vehicle Modification
For the purchase of goods as waiver services made through a qualified waiver provider, payment for purchase of goods are made directly by the qualified provider and authorized through the waiver plan of care. This approach applies to the
following: Assistive Technology devices
6.Other self-directed services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS)
rate are established as described below, specific to the following:
-Self-directed, per-mile Transportation is paid in accordance with the IRS standard mileage rate.
-Individualized Day Supports are paid through the Fiscal Employer Agent (FEA/FMS) at rates determined by the participant. The minimum that may be paid is the state’s minimum wage, while the maximum is determined by the participant within their individual self-directed budget limit.
All costs that are not eligible for federal financial participation, such as room and board, are excluded from the rate computation. EOHHS establishes the rates for all waiver services that are the basis for the draw of federal funds and claiming of these expenditures on the CMS-64. The rates are presented at a public meeting scheduled by EOHHS and upon approval are entered into the Meditech system and MMIS.
DDS negotiates contracts with service providers and pays providers at the regulated rates of payment. For services with multiple payment rates, claims for FFP are submitted at a provisional rate equal to the average of the contract rates for each service. After the end of each waiver year, the state will make an adjustment to prior year costs whereas a final rate is established for each service based on the total costs for and utilization of each waiver service. Claims are adjusted to account for any differences between the provisional and final rate at a later date, which may exceed the two-year timely filing requirements found at section 1132 of the Social Security Act and implementing regulations at 45 CFR § 95.7.
Information about payment rates is available on the DDS website and is shared by service coordinators with waiver participants at the time of the service planning meeting.
MA Community Living Waiver (0826.R03.00)1915(c)
Effective: 07/01/2023 – Expires: 06/30/2028
Effective: 07/01/2023 – Expires: 06/30/2028
Service Types
- Group Supported Employment
- Assistive Technology
- Community Based Day Supports
- Individual Supported Employment
- Individualized Day Supports
- Peer Support
- Transportation
Service Definitions and Limitations
Group Supported Employment
Group Supported employment services consist of the ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. The outcome of the service is sustained paid employment and work experience leading to further career development and individual integrated community employment for which the participant is compensated at or above the minimum wage, but not less than the customary wage and level of benefit paid by the employer for the same or similar work performed by individuals without disabilities. Small group supported employment are services and training activities provided in regular business, industry and community settings for groups of two (2) to eight (8) workers with disabilities. Examples include mobile work crews, enclaves and other business-based workgroups employing small groups of workers with disabilities in employment in the community. Services must be provided in a manner that promotes engagement in the workplace and interaction between participants and people without disabilities including co-workers, customers, and supervisors. Group supported employment includes any combination of the following services: job-related discovery or assessment, assisting the participants to locate a job or develop a job on behalf of the participants, job analysis, training and systematic instruction, job coaching, negotiation with prospective employers, and benefits support. Typically group supported employment consists of 2-8 participants, working in the community under the supervision of a provider agency. The participants are generally considered employees of the provider agency and are paid and receive benefits from that agency. Group supported employment includes activities needed to sustain paid work by participants including supervision and training and may include transportation if not available through another source. Transportation between the participants’ place of residence and the employment site or between the provider site and the group employment site may be provided.
Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.)
Group supported employment does not include volunteer work or vocational services provided in facility based work settings. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve outcomes identified in their Individual Support Plan. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and set up costs but excludes installation and set-up and ongoing provision fees related to internet service. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; sthe selection, customization and acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Individual Support Plan; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Service Coordinator as part of the Individual Support Plan. The Service Coordinator will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Participants may not receive duplicative devices through both the Transitional Assistance Service and the Assistive Technology Service. The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Limits on the amount, duration, or frequency of this service:
N/A
Community Based Day Supports
This program of supports is designed to enable a participant to enrich their life and enjoy a full range of (community) activities in a community setting by providing opportunities for developing, enhancing, and maintaining competency in personal, social and community activities. The service includes career exploration, including assessment of interests through volunteer experiences or situational assessments; community experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for participants of working age who may be on a pathway to employment, a supplemental service for participants who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for participants who are of retirement age. Community based day supports provides a structured and supervised program of services and supports in a group setting which promotes socialization and peer interaction and development of habilitative skills and achieve habilitative goals. This service is not eligible for delivery via telehealth.
Limits on the amount, duration, or frequency of this service:
N/A
Individual Supported Employment
Individual supported employment services consist of ongoing supports that enable a participant, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. Individual supported employment includes assisting the participants to locate a job or develop a job on behalf of the participant. Individual supported employment is conducted in a variety of settings, particularly typical work sites where persons without disabilities are employed. Emphasis is on work in an environment with the opportunity for participants to have contact with co-workers, customers, supervisors and others without disabilities. In individual supported employment the participant has a job based on their identified needs and interests, located in a community business. It also includes self-employment or a small business, or a homebased self-employment, or temporary services which may assist a participant in securing an individual position within a business. Individual supported employment includes job-related discovery or assessment, person-centered employment planning, job placement, job development, negotiation with prospective employers, job analysis, training and systematic instruction, job coaching in the form or regular or periodic assistance; training and support are provided for the purpose of developing, maintaining and/or improving job skills and fostering career advancement opportunities. Job coaching at the job site is not designed to provide continuous on-going support; it is expected that as the participant develops more skill and independence the level of support will decrease and fade over time as the natural supports in the work place are established. Some on-going intermittent job related support may be provided to assist the waiver participant to successfully maintain their employment situation. Natural supports are developed by the provider to help increase participation and independence of the participant within the community setting. Participants are paid by the employer. It includes transportation if not available through another source. Transportation assistance between the participants’ place of residence and the employment site is included in the rate paid to providers of individual supported employment services. Ongoing transportation for a participant is excluded from the rate. Time-limited transportation for components of discovery, career exploration, job development is provided. Once the participant is hired, transportation ceases. Individual supported employment may be self-directed and paid through the Fiscal Intermediary. Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program. When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.) Individual supported employment excludes participants working in mobile crews or in small groups. It excludes volunteer work. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Individualized Day Supports
Services and supports provided to participants tailored to their specific personal goals and outcomes related to the acquisition, improvement, and/or retention of skills and abilities to prepare and support a participant for work and/or community participation and/or meaningful retirement activities, and could not do so without this direct support.
This service can only be participant-directed. A qualified family member or relative, independent contractor or service agency may provide services. This service originates from the home of the participant and is generally delivered in the community. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment.
Examples • Develop and implement an individualized plan for day services and supports; • Assist in developing and maintaining friendships of choice and skills to use in daily interactions; • Provide support to explore job interests or retirement options; • Provide opportunities to participate in community activities, including support to attend and participate in post-secondary or adult education classes; • Provide support to complete work or business activities including supports for participants who own their own business; • Training and support to increase or maintain self-help, socialization, and adaptive skills to participate in own community; • Develop, maintain or enhance independent functioning skills in the areas of sensory-motor, cognition, personal grooming, hygiene, toileting, etc.
This service is not provided in or from a facility-based day program. This service is not provided from a provider-operated or state-operated group residence. This service may not be provided at the same time as Group or Individual Supported Employment, Community Based Day Supports, Individual Goods and Services or when other services that include care and supervision are provided. This service is only available to waiver participants who self-direct their own supports and must be pre-approved by the Team, subject to DDS rules stated above, and must be an identified need and documented in the service plan. The Individualized Day Supports must be purchased through a self-directed budget through either the Fiscal Intermediary or the Agency with Choice.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer support is designed to provide training, instruction and mentoring to participants about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support is designed to promote and assist the waiver participant’s ability to participate in self-advocacy through either a peer mentor or through an individual/agency peer support facilitator. Peer support may be provided in 1) small groups or 2) peer support may involve one individual who is either a peer or an individual peer support facilitator providing support to a waiver participant. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the participant to function in the community and/or family home. Documentation in the participant’s record demonstrates the benefit to the participant. This service may be provided in small groups or as a one-to-one support for the participant. Peer support is available to participants who reside in 24 licensed settings, in the family home, a home of their own or receive less than 24 hours of support per day. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 759 | 1,576.00 | 4.53 | 5,418,713.52 | 5,418,713.52 |
| Assistive Technology | Assistive Technology – devices | item | 34 | 7.00 | 281.61 | 67,023.18 | 197,338.18 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 minutes | 67 | 100.00 | 19.45 | 130,315.00 | 197,338.18 |
| Community Based Day Supports | Community Based Day Supports – 15 minutes | 15 minutes | 1,394 | 2,432.00 | 4.74 | 16,069,585.92 | 16,069,585.92 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 844 | 438.00 | 13.03 | 4,816,826.16 | 4,816,826.16 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 185 | 2,404.00 | 5.75 | 2,557,255.00 | 2,557,255.00 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 48 | 440.00 | 5.71 | 120,595.20 | 120,595.20 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 916 | 1,576.00 | 5.13 | 7,405,750.08 | 7,405,750.08 |
| Assistive Technology | Assistive Technology – devices | Item | 203 | 7.00 | 319.42 | 453,895.82 | 991,915.82 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 minutes | 244 | 100.00 | 22.05 | 538020.00 | 991,915.82 |
| Community Based Day Supports | Community Based Day Supports – 15 minutes | 15 minutes | 1,683 | 2,432.00 | 5.38 | 22,020,641.28 | 22,020,641.28 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 1020 | 438.00 | 14.78 | 6603112.80 | 6603112.80 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 223 | 2,404.00 | 6.52 | 3,495,319.84 | 3,495,319.84 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 58 | 440.00 | 6.47 | 165,114.40 | 16,5114.40 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGLc.118Es.13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGLc.118E s.13D; MGLc.30As.2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGLc.118Es.13D. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor(CAF) or other updates to the rate models may be applied.
Additional information on rate development for waiver service follows.
1.For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in POS regulation after public hearing pursuant to MGL c.118E,s.13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using benchmarks from a variety of data sources. Salary benchmarks are computed from Bureau of Labor Statistics data for median wages paid to relevant staff titles in Massachusetts during the most recent reporting year available. Tax, fringe, and administrative rates are benchmarked to rates established by the Massachusetts Office of the State Comptroller. Other non-salary benchmarks are determined using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as training, occupancy, supplies and materials, or other expenses specific to each service.
EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates by determining the average for each line item across all providers. EOHHS uses the most recent complete state fiscal year UFR available to determine the average across providers of that service for each line item, which are then used to build each rate. The waiver service rate is set at the comparable POS rate for the following:
-Assistive Technology, evaluation and training component(set in accordance with 101 CMR 423.00:Rates for Certain In- Home Basic Living Supports)
-Behavioral Supports and Consultation, Family Training, Peer Support and Respite – per 15 minutes(set in accordance with 101 CMR 414.00:Rates for Family Stabilization Services)
-Community Based Day Supports(set in accordance with 101 CMR 415.00:Rates for Community-Based Day Support Services)
-Group Supported Employment and Individual Supported Employment (set in accordance with 101 CMR 419:Rates for Supported Employment Services)
-Respite–per diem(set in accordance with 101 CMR 420.00:Rates for Adult Long-Term Residential Services)
-Individualized Home Supports(set in accordance with 101 CMR 423.00:Rates for Certain In-Home Basic Living Supports)
-Stabilization(set in accordance with 101 CMR 412.00:Rates for Family Transitional Support Services)
-Remote Supports and Monitoring –(set in accordance with 101 CMR 426.00:Rates for Certain Adult Community Mental Health Services) Remote Supports and Monitoring is reimbursed on a two-tiered rate, based on the level of intensity of service that is required by the participant and to prevent duplication of payments. Determination of intensity is based on an individual evaluation and also takes into account factors that include other services the participant receives, natural supports, and level of technology needed. An assessment is conducted to determine whether a participant needs additional equipment to interface with the standard RSM equipment and call center. The state reimburses the higher tier rate for participants who require this additional Assistive Technology equipment, because that extra equipment and its interface with the standard RSM equipment and call center is associated with higher clinical needs and accompanied by additional RSM staff time. The state reimburses the lower tier rate for participants who do not require this additional Assistive Technology equipment. The two rate tiers are informed by model staffing ratios for the remote monitoring center and the costs of monitoring center equipment and infrastructure. The monitoring center costs are fixed between the two tiers, but the staffing ratio and infrastructure assumptions increase in the higher tier to reflect the individual’s higher needs
Agency-based, per-trip transportation:MA has a coordinated statewide Human Service Transportation(HST) brokerage system with Regional Transit Authorities brokering and managing consumer trips throughout the state. Brokers arrange transportation services by subcontracting with local qualified transportation providers. Work volume for transportation providers can be as limited as occasional trips for mid-day medical appointments to long-term, multiple days a week, route-structured program services. For Demand-response trips, contracted providers will be awarded trips on a daily basis based on lowest price, availability and prior performance. Program-Based trips for a specific destination, frequency and time, usually operating on a daily or regularly scheduled basis were procured for a five-year period beginning July 1, 2015. Additional routes are added as needed. Contracts are awarded based on lowest price, availability and prior performance.
Self-directed services with employer authority are paid through the Fiscal Employer Agent (FEA/FMS) at rates within an established range of payment. Participants may determine staff wages within the established range. The minimum that may be paid is the state’s minimum wage, while the maximum is set as the agency provider rate for the service. These limits apply to wages for the following self-directed waiver services:
-Adult Companion (maximum rates set in accordance with 101 CMR 414.00)
-Chore (maximum rates set in accordance with 101 CMR 359.00)
-Behavioral Supports and Consultation, Family Training, Peer Support, and Respite (maximum rates set in accordance with 101 CMR 414.00)
-Individualized Home Supports (maximum rate set in accordance with 101 CMR 423.00)
-Individual Supported Employment (maximum rate set in accordance with 101 CMR 419.00)
For waiver services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation after public hearing pursuant to MGL c. 118E, s. 13D, and as described below. This approach applies to the following:
-Rates for Chore are set in accordance with 101 CMR 359.00: Rates for Home and Community Based Services Waivers and were established based on data for comparable services provided through the Executive Office of Elder Affairs Home Care Program, the largest purchaser of these services. The most current data for SFY 2016 was used, and rates were adjusted to the median rate paid for each of these services under the Home Care Program. The Home Care Program provides Massachusetts elders with long term services and supports that enable them to live in the community. The Home Care Program includes participants in the Frail Elder Waiver and those served at state cost. Services. The median of contracted service prices excluding the outliers was found for each service. Outliers were removed for any pricing that was 2 standard deviations away from the mean. This median is used as the rate for Chore.
Purchase of goods as waiver services are paid according to the cost of the good. For services that are self-directed, payments for purchase of goods are made through the FEA/FMS and purchased through a self- directed budget. This approach applies to the following:
-Assistive Technology devices
-Home Modifications
-Individual Goods and Services
-Specialized Medical Equipment and Supplies
-Transportation – transit passes only
-Vehicle Modification
For the purchase of goods as waiver services made through a qualified waiver provider, payments for purchase of goods are made directly by the qualified provider and authorized through the waiver plan of care. This approach applies to the following: Assistive Technology devices
Other self-directed services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS) rate are established as described below, specific to the following:
-Rates for Live-In Caregiver are developed and updated annually by DDS based on regional and population-based HUD
Fair Market Rent (FMR) and USDA average moderate food cost data, respectively, with a multiplier adjusted to assure individuals are able to obtain fair market value apartments in their chosen town. Additional details can be found in Main Module, B Optional.
-Self-directed, per-mile Transportation is paid in accordance with the IRS standard mileage rate.
-Individualized Day Supports are paid through the Fiscal Employer Agent (FEA/FMS) at rates determined by the participant. The minimum that may be paid is the state’s minimum wage, while the maximum is determined by the participant within their individual self-directed budget limit.
All costs that are not eligible for federal financial participation, such as room and board, are excluded from the rate computation. EOHHS establishes the rates for all waiver services that are the basis for the draw of federal funds and claiming of these expenditures on the CMS-64. The rates are presented at a public meeting scheduled by EOHHS and upon approval are entered into the Meditech system and MMIS.
DDS negotiates contracts with service providers and pays providers at the regulated rates of payment. For services with multiple payment rates, claims for FFP are submitted at a provisional rate equal to the average of the contract rates for each service. After the end of each waiver year, the state will make an adjustment to prior year costs whereas a final rate is established for each service based on the total costs for and utilization of each waiver service. Claims are adjusted to account for any differences between the provisional and final rate at a later date, which may exceed the two-year timely filing requirements found at section 1132 of the Social Security Act and implementing regulations at 45 CFR § 95.7.
Information about payment rates is available on the DDS website and is shared by service coordinators with waiver participants at the time of the service planning meeting.
MA Intensive Supports Waiver (0827.R03.00)1915(c)
Effective: 07/01/2023 – Expires: 06/30/2028
Effective: 07/01/2023 – Expires: 06/30/2028
Service Types
- Group Supported Employment
- Assistive Technology
- Community Based Day Services
- Individual Supported Employment
- Individualized Day Supports
- Peer Support
- Transportation
Service Definitions and Limitations
Group Supported Employment
Group Supported employment services consist of the ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. The outcome of the service is sustained paid employment and work experience leading to further career development and individual community employment for which the participant is compensated at or above the minimum wage, but not less than the customary wage and level of benefit paid by the employer for the same or similar work performed by individuals without disabilities. Small group supported employment are services and training activities provided in regular business, industry and community settings for groups of two (2) to eight (8) workers with disabilities. Examples include mobile work crews, enclaves and other business-based workgroups employing small groups of workers with disabilities in employment in the community. Services must be provided in a manner that promotes engagement in the workplace and interaction between participants and people without disabilities including co-workers, customers, and supervisors. Group supported employment includes any combination of the following services: job-related discovery or assessment, assisting the participants to locate a job or develop a job on behalf of the participants, job analysis, training and systematic instruction, job coaching, negotiation with prospective employers, and benefits support. Typically group supported employment consists of 2-8 participants, working in the community under the supervision of a provider agency. The participants are generally considered employees of the provider agency and are paid and receive benefits from that agency. Group supported employment includes activities needed to sustain paid work by participants including supervision and training and may include transportation if not available through another source. Transportation between the participants’ place of residence and the employment site or between the provider site and the group employment site may be provided.
Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.)
Group supported employment does not include volunteer work or vocational services provided in facility based work settings.
This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve outcomes identified in their Individual Support Plan. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and setup costs but excludes installation and set up and ongoing provision fees related to internet service. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and, acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Individual Support Plan; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Service Coordinator as part of the Individual Support Plan. The Service Coordinator will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability.. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements where applicable for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Participants may not receive duplicative devices through both the Transitional Assistance Service and the Assistive Technology Service. The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Limits on the amount, duration, or frequency of this service:
N/A
Community Based Day Services
This program of supports is designed to enable a participant to enrich their life and enjoy a full range of (community) activities in a community setting by providing opportunities for developing, enhancing, and maintaining competency in personal, social and community activities. The service includes career exploration, including assessment of interests through volunteer experiences or situational assessments; community experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for participants of working age who may be on a pathway to employment, a supplemental service for participants who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for participants who are of retirement age. Community based day supports provides a structured and supervised program of services and supports in a group setting which promotes socialization and peer interaction and development of habilitative skills and achieve habilitative goals. This service is not eligible for delivery via telehealth.
Limits on the amount, duration, or frequency of this service:
N/A
Individual Supported Employment
Individual supported employment services consist of ongoing supports that enable a participant, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need support to perform in a regular work setting. Individual supported employment includes assisting the participants to locate a job or develop a job on behalf of the participant. Individual supported employment is conducted in a variety of settings, particularly typical work sites where persons without disabilities are employed. Emphasis is on work in an environment with the opportunity for participants to have contact with co-workers, customers, supervisors and others without disabilities. In individual supported employment the participant has a job based on their identified needs and interests, located in a community business. It also includes s elf-employment or a small business, or a homebased self-employment, or temporary services which may assist a participant in securing an individual position within a business. Individual supported employment includes job-related discovery or assessment, person-centered employment planning, job placement, job development, negotiation with prospective employers, job analysis, training and systematic instruction, job coaching in the form or regular or periodic assistance; training and support are provided for the purpose of developing, maintaining and/or improving job skills and fostering career advancement opportunities. Job coaching at the job site is not designed to provide continuous on-going support; it is expected that as the participant develops more skill and independence the level of support will decrease and fade over time as the natural supports in the work place are established. Some on-going intermittent job related support may be provided to assist the waiver participant to successfully maintain their employment situation. Natural supports are developed by the provider to help increase participation and independence of the participant within the community setting. Participants are paid by the employer. It includes transportation if not available through another source. Transportation assistance between the participants’ place of residence and the employment site is included in the rate paid to providers of individual supported employment services. Ongoing transportation for a participant is excluded from the rate. Time-limited transportation for components of discovery, career exploration, job development is provided. Once the participant is hired, transportation ceases. Individual supported employment may be self-directed and paid through the Fiscal Intermediary.
Federal financial participation is not claimed for incentive payments, subsidies or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to a participant’s supported employment program. When supported employment services are provided at work sites where persons without disabilities are employed, payment is made only for the adaptations; supervision and training required for participants receiving the waiver service as a result of their disabilities but does not include payment for supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under Section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.) Individual supported employment excludes participants working in mobile crews or in small groups. It excludes volunteer work.
This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Individualized Day Supports
Services and supports provided to participants tailored to their specific personal goals and outcomes related to the acquisition, improvement, and/or retention of skills and abilities to prepare and support a participant for work and/or community participation and/or meaningful retirement activities, and could not do so without this direct support. This service can only be participant-directed. A qualified family member or relative, independent contractor or service agency may provide services. This service originates from the home of the participant and is generally delivered in the community. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment.
Examples • Develop and implement an individualized plan for day services and supports; • Assist in developing and maintaining friendships of choice and skills to use in daily interactions; • Provide support to explore job interests or retirement options; • Provide opportunities to participate in community activities, including support to attend and participate in post-secondary or adult education classes; • Provide support to complete work or business activities including supports for participants who own their own business; • Training and support to increase or maintain self-help, socialization, and adaptive skills to participate in own community; • Develop, maintain or enhance independent functioning skills in the areas of sensory-motor, cognition, personal grooming, hygiene, toileting, etc.
This service is not provided in or from a facility-based day program. This service is not provided from a provider-operated or state-operated group residence. This service may not be provided at the same time as Group or Individual Supported Employment, Community Based Day Supports, Individualized Goods and Services Supports or when other services that include care and supervision are provided. This service is only available to waiver participants who self-direct their own supports and must be pre-approved by the Team, subject to DDS rules stated above, and must be an identified need and documented in the service plan. The Individualized Day Supports must be purchased through a self-directed budget through either the Fiscal Intermediary or the Agency with Choice.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer support is designed to provide training, instruction and mentoring to participants about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support is designed to promote and assist the waiver participant’s ability to participate in self-advocacy through either a peer mentor or through an individual/agency peer support facilitator. Peer support may be provided in 1) small groups or 2) peer support may involve one individual who is either a peer or an individual peer support facilitator providing support to a waiver participant. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the participant to function in the community and/or family home. Documentation in the participant’s record demonstrates the benefit to the participant. This service may be provided in small groups or as a one-to-one support for the participant. Peer support is available to participants who reside in 24 licensed settings, in the family home, a home of their own or receive less than 24 hours of support per day. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Service Coordinator during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
N/A
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 1,243 | 1,651.00 | 4.62 | 9,481,131.66 | 9,481,131.66 |
| Assistive Technology | Assistive Technology – devices | item | 29 | 10.00 | 272.18 | 78,932.20 | 360,957.20 |
| Assistive Technology | Assistive Technology evaluation and training | 15 minutes | 145 | 100.00 | 19.45 | 282,025.00 | 360,957.20 |
| Community Based Day Supports | Community Based Day Supports – 15 minutes | 15 minutes | 3,474 | 2,636.00 | 4.78 | 43,772,677.92 | 43,772,677.92 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 859 | 438.00 | 13.53 | 5,090,554.26 | 5,090,554.26 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 126 | 3,306.00 | 5.88 | 2,449,349.28 | 2,449,349.28 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 45 | 256.00 | 5.88 | 67,737.60 | 67,737.60 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Group Supported Employment | Group Supported Employment – 15 minutes | 15 minutes | 1,264 | 1,651.00 | 5.24 | 10,935,167.36 | 10,935,167.36 |
| Assistive Technology | Assistive Technology – devices | item | 235 | 10.00 | 308.73 | 725,515.50 | 1,828,015.50 |
| Assistive Technology | Assistive Technology evaluation and training | 15 minutes | 500 | 100.00 | 22.05 | 1,102,500.00 | 1,828,015.50 |
| Community Based Day Supports | Community Based Day Supports – 15 | 15 minutes | 3,534 | 2,636.00 | 5.42 | 50,490,682.08 | 50,490,682.08 |
| Individual Supported Employment | Individual Supported Employment – 15 minutes | 15 minutes | 874 | 438.00 | 15.35 | 587,6164.20 | 5,876,164.20 |
| Individualized Day Support | Individualized Day Supports – 15 minutes | 15 minutes | 128 | 3,306.00 | 6.67 | 2,822,530.56 | 2,822,530.56 |
| Peer Support | Peer Support – 15 minutes | 15 minutes | 46 | 256.00 | 6.67 | 78,545.92 | 785,45.92 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL c.118E s.13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL c.118E s.13D; see also MGL c.30A s.2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL c.118E s.13D. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor(CAF) or other updates to the rate models may be applied. Additional information on rate development for waiver service follows.
1. For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in POS regulation after public hearing pursuant to MGL c. 118E, s.13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using benchmarks from a variety of data sources. Salary benchmarks are computed from Bureau of Labor Statistics data for median wages paid to relevant staff titles in Massachusetts during the most recent reporting year available. Tax, fringe, and administrative rates are benchmarked to rates established by the Massachusetts Office of the State Comptroller. Other non-salary benchmarks are determined using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as training, occupancy, supplies and materials, or other expenses specific to each service. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates by determining the average for each line item across all providers. EOHHS uses the most recent complete state fiscal year UFR available to determine the average across providers of that service for each line item, which are then used to build each rate. The waiver service rate is set at the comparable POS rate for the following waiver services:
-Assistive Technology, evaluation and training component (set in accordance with 101 CMR 423.00:Rates for Certain In- Home Basic Living Supports)
-Behavioral Supports and Consultation, Family Training, Peer Support and Respite – per 15 minutes (set in accordance with 101 CMR 414.00:Rates for Family Stabilization Services)
-Community Based Day Supports (set in accordance with 101 CMR 415.00:Rates for Community-Based Day Support Services)
-Group Supported Employment and Individual Supported Employment (set in accordance with 101 CMR 419:Rates for Supported Employment Services)
-Respite – per diem (set in accordance with 101 CMR 420.00: Rates for Adult Long-Term Residential Services)
-Individualized Home Supports (set in accordance with 101 CMR 423.00:Rates for Certain In-Home Basic Living Supports)
-Residential Habilitation and Placement Services (Shared Living) – 24 Hour Supports (set in accordance with 101 CMR 420.00:Rates for Adult Long-Term Residential Services)
-Stabilization (set in accordance with 101 CMR 412.00:Rates for Family Transitional Support Services)
-Remote Supports and Monitoring (RSM)(set in accordance with 101 CMR 426.00:Rates for Certain Adult Community Mental Health Services). RSM is reimbursed on a two-tiered rate, based on the level of intensity of service that is required by the participant and to prevent duplication of payments. Determination of intensity is based on an individual evaluation and also takes into account factors that include other services the participant receives, natural supports, and level of technology needed. An assessment is conducted to determine whether a participant needs additional equipment to interface with the standard RSM equipment and call center. The state reimburses the higher tier rate for participants who require this additional Assistive Technology equipment, because that extra equipment and its interface with the standard
RSM equipment and call center is associated with higher clinical needs and accompanied by additional RSM staff time.
The state reimburses the lower tier rate for participants who do not require this additional Assistive Technology equipment. The two rate tiers are informed by model staffing ratios for the remote monitoring center and the costs of monitoring center equipment and infrastructure. The monitoring center costs are fixed between the two tiers, but the staffing ratio and infrastructure assumptions increase in the higher tier to reflect the individual’s higher needs.
Agency-based, per-trip transportation services: MA has a coordinated statewide Human Service Transportation(HST) brokerage system with Regional Transit Authorities brokering and managing consumer trips throughout the state.
Brokers arrange transportation by subcontracting with local qualified transportation providers. Work volume for transportation providers can be as limited as occasional trips for mid-day medical appointments to long-term, multiple days a week, route-structured program services. For Demand-response trips, contracted providers will be awarded trips on a daily basis based on lowest price, availability and prior performance. Program-Based trips for a specific destination, frequency and time, usually operating on a daily or regularly scheduled basis were procured for a five-year period beginning 7/1/15. Additional routes are added as needed. Contracts are awarded based on lowest price, availability and prior performance.
Self-directed services with employer authority are paid through the Fiscal Employer Agent at rates within an established range of payment. Participants may determine staff wages within the established range, with the minimum rate at the state’s minimum wage and the maximum set as the agency provider rate for the service. These limits apply to wages for the following self-directed waiver services:
-Adult Companion (maximum rates set in accordance with 101 CMR 414.00)
-Chore (maximum rates set in accordance with 101 CMR 359.00)
-Behavioral Supports and Consultation, Family Training, Peer Support, and Respite (maximum rates set in accordance with 101 CMR 414.00)
-Individualized Home Supports (maximum rate set in accordance with 101 CMR 423.00)
-Individual Supported Employment (maximum rate set in accordance with 101 CMR 419.00)
For waiver services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation after public hearing pursuant to MGL c. 118E, s. 13D, and as described below. This approach applies to the following waiver services:
-Rates for Chore are set in accordance with 101 CMR 359.00: Rates for Home and Community Based Services Waivers and were established based on data for comparable services provided through the Executive Office of Elder Affairs Home Care Program, the largest purchaser of these services. The most current data for SFY 2016 was used, and rates were adjusted to the median rate paid for each of these services under the Home Care Program. The Home Care Program provides Massachusetts elders with long term services and supports that enable them to live in the community. The Home Care Program includes participants in the Frail Elder Waiver and those served at state cost. Services. The median of contracted service prices excluding the outliers was found for each service. Outliers were removed for any pricing that was 2 standard deviations away from the mean. This median is used as the rate for Chore.
Purchase of goods as waiver services are paid according to the cost of the good. For services that are self-directed, payments for purchase of goods are made through the FEA/FMS and purchased through a self- directed budget. This approach applies to the following waiver services:
-Assistive Technology devices
-Home Modifications
-Individual Goods and Services
-Specialized Medical Equipment and Supplies
-Transitional Assistance
-Transportation – transit passes only
-Vehicle Modification
For the purchase of goods as waiver services made through a qualified waiver provider, payments for purchase of goods are made directly by the qualified provider and authorized through the waiver plan of care. This approach applies to the following waiver service:
– Assistive Technology devices
6. Other self-directed services in which there is no comparable Medicaid state plan or EOHHS Purchase of Service (POS) rate are established as described below, specific to the following waiver services:
-Rates for Live-In Caregiver are developed and updated annually by DDS based on regional and population-based HUD Fair Market Rent (FMR) and USDA average moderate food cost data, respectively, with a multiplier adjusted to assure individuals are able to obtain fair market value apartments in their chosen town. Additional details can be found in Attachment B.
MA MFP Community Living (MFP – CL) Waiver (1027.R02.00)1915(c)
Effective: 04/01/2023 – Expires: 03/31/2028
Effective: 04/01/2023 – Expires: 03/31/2028
Service Types
- Prevocational Services
- Supported Employment
- Assistive Technology
- Community Based Day Supports
- Day Services
- Orientation and Mobility Services
- Peer Support
- Transportation
Service Definitions and Limitations
Prevocational Services
Prevocational Services comprises a range of learning and experiential type activities that prepare a participant for paid employment in an integrated, community setting. Services are not job-task oriented but instead, aimed at a generalized result (e.g. attention span, motor skills). The service may include teaching such concepts as attendance, task completion, problem solving and safety as well as social skills training, improving attention span, and developing or improving motor skills. Basic skill-building activities are expected to specifically involve strategies to enhance a participant’s employability in integrated, community settings. The amount, duration and scope of Prevocational Services provided to a participant is based on an assessment of the participant’s pre-employment needs that arise as a result of their functional limitations and/or conditions, including services that enable the participant to acquire, improve, retain/maintain, and prevent deterioration of functioning consistent with the participant’s interests, strengths, priorities, abilities and capabilities. Services are reflected in the participant’s individualized service plan and are directed to address habilitative or rehabilitative rather than explicit employment objectives. Prevocational services may be provided one-to-one or in a group format. This service may be provided as a site-based service, in community settings or in a combination of these settings and must include integrated community activities that support the development of vocational skills. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Meals provided as part of these services shall not constitute a “full nutritional regimen” (3 meals per day). Documentation is maintained in the file of each individual receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the IDEA (20 U.S.C. 1401 et seq.).
Limits on the amount, duration, or frequency of this service:
There is no limit on the duration of this service. Goals are reevaluated annually at the Person-Centered Planning meeting and more frequently if there is a changing need.
Supported Employment
Supported employment services consist of intensive, ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need supports, to perform in a regular work setting. Supported employment may include assisting the participant to locate a job or develop a job on behalf of the participant. Supported employment is conducted in a variety of settings, particularly work sites where persons without disabilities are employed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. . Supported employment includes activities needed to sustain paid work by participants, including supervision and training. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by participants receiving waiver services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting.
Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.).
Federal financial participation is not claimed for incentive payments, subsidies, or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to an individual’s supported employment program.
Limits on the amount, duration, or frequency of this service:
This service is not for use to provide continuous long-term 1:1 on the job support to enable an individual to complete work activities.
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows: Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve goals identified in their Plan of Care. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and set up costs but excludes installation and set-up and ongoing provision fees related to internet service. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Plan of Care; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Case Manager as part of the Plan of Care. The Case Manager will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. Participants may not receive duplicative devices through this service and either the Transitional Assistance Service or the Specialized Medical Equipment Service.
Limits on the amount, duration, or frequency of this service:
The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need
Community Based Day Supports
Community Based Day Supports (CBDS) is designed to enable an individual to enrich their life and enjoy a full range of community activities by providing opportunities for developing, enhancing, and maintaining competency in personal, social interactions and community integration. The service may include career exploration, including assessment of interests through volunteer experiences or situational assessments; community integration experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for individuals of working age who may be on a pathway to employment, a supplemental service for individuals who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for individuals who are of retirement age. Using a small group model, CBDS provides a flexible array of individualized supports through community activities that promote socialization, peer interaction and community integration.
Limits on the amount, duration, or frequency of this service:
N/A
Day Services
Day services/supports provide for structured day activity typically for individuals with pervasive and extensive support needs who are not ready to join the general workforce, or who are employed part-time and need a structured and supervised program of services during the time that they are not working, or who are of retirement age. Day Services are individually designed around consumer choice and preferences with a focus on improvement or maintenance of the person’s skills and their ability to live as independently as possible in the community. Day Services often include assistance to learn activities of daily living and functional skills; language and communication training; compensatory, cognitive and other strategies; interpersonal skills; recreational/socialization skills and other skills training to prepare the individual to undertake various community inclusion activities. This service may reinforce some aspects of other waiver and state plan services by allowing individuals to continue to strengthen skills, which are necessary for greater independence, productivity and community inclusion. Day Services are provided in a provider operated setting in the community and not in a participant’s residence, and do not duplicate any services under the state plan. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Orientation and Mobility Services
Orientation and Mobility (O&M) services teach an individual with vision impairment or legal blindness how to move or travel safely and independently in their home and community and include (a) O&M assessment; (b) training and education provided to Participants; (c) environmental evaluations; (d) caregiver/direct care staff training on sensitivity to blindness/low vision; and (e) information and resources on community living for persons with vision impairment or legal blindness. O&M Services are tailored to the individual’s need and may extend beyond the home setting to other community settings as well as public transportation systems
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer Support is designed to provide training, instruction and mentoring to individuals about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support may be provided in small groups or peer support may involve one peer providing support to another peer, the waiver participant, to promote and support the waiver participant’s ability to participate in self-advocacy. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the individual to function in the community and/or family home. Documentation in the individual’s record demonstrates the benefit to the individual. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment . This service may be delivered remotely via telehealth 100% of the time. .
Limits on the amount, duration, or frequency of this service:
Not to exceed 16 hours per week.
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services – 15 min. | 15 min. | 4 | 558.00 | 11.77 | 26,270.64 | 26,270.64 |
| Supported Employment | Supported Employment | 15 min. | 15 | 939.00 | 17.86 | 251,558.10 | 251,558.10 |
| Assistive Technology | Assistive Technology – devices | Item | 27 | 5.00 | 290.62 | 39,233.70 | 82,584.90 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min. | 27 | 80.00 | 20.07 | 43,351.20 | 82,584.90 |
| Community Based Day Supports | Community Based Day Supports (CBDS) | 15 min. | 28 | 375.00 | 5.35 | 56,175.00 | |
| Day Services | Day Services – Per Diem | Per Diem | 34 | 76.00 | 141.11 | 364,628.24 | 482,143.04 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 15 | 108.00 | 72.54 | 1,175,14.80 | 482,143.04 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min. | 2 | 34.00 | 40.22 | 2,734.96 | 2,734.96 |
| Peer Support | Peer Support | 15 min. | 3 | 912.00 | 7.83 | 21,422.88 | 21,422.88 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services – 15 min. | 15 min. | 5 | 558.00 | 13.35 | 37,246.50 | 37,246.50 |
| Supported Employment | Supported Employment | 15 min. | 18 | 939.00 | 20.26 | 34,2434.52 | 34,2434.52 |
| Assistive Technology | Assistive Technology – devices | Item | 161 | 5.00 | 329.64 | 265,360.20 | 558,509.00 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min. | 161 | 80.00 | 22.76 | 293,148.80 | 558,509.00 |
| Community Based Day Supports | Community Based Day Supports (CBDS) | 15 min. | 33 | 375.00 | 6.07 | 75,116.25 | |
| Day Services | Day Services – Per Diem | Per Diem | 41 | 76.00 | 160.06 | 498,746.96 | 658,699.28 |
| Day Services | Day Services – Partial Per Diem | Partial per diem | 18 | 108.00 | 82.28 | 159,952.32 | 658,699.28 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min. | 2 | 34.00 | 45.62 | 3,102.16 | 3,102.16 |
| Peer Support | Peer Support | 15 min. | 3 | 912.00 | 8.89 | 24,323.04 | 24,323.04 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. The HCBS rate regulation was last updated effective April 1, 2021. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied. The rates for all waiver services in this waiver were established in accordance with the above statutory requirements. Additional information on the rate development for each waiver service follows.
The waiver rates can be found in EOHHS waiver services regulations 101 CMR 359.00 (Rates for Home and Community Based Services Waivers). The regulation can be found on the MassHealth website: www.mass.gov/eohhs/gov/departments/masshealth/
101 CMR 359.00 establishes rates for waiver services based on and tied to existing rate setting methodologies for similar/same services when possible. As such, the rates for waiver services in this waiver are established in one of four ways, as follows:
For waiver services in which there is a comparable Medicaid state plan rate, the waiver service rate was established in regulation at the comparable Medicaid state plan rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All Medicaid state plan rates were established in regulation pursuant to this same statutory requirement. Medicaid State Plan rates are developed using provider cost data submitted to the Center for Health Information and Analysis (CHIA) in accordance with provider cost reporting requirements under 957 CMR 6.00: Cost Reporting Requirements. The provider cost data is used to calculate rates that meet the statutory rate adequacy requirements noted above. There are no differences in the rate methodology between these state plan and waiver services. No additional CAF was used for the waiver services using the comparable state plan rate. This applies to the following waiver services:
Skilled Nursing (101 CMR 350.00 Home Health Services; Rates for Skilled Nursing Services)
Occupational, Physical and Speech Therapy (101 CMR 350.00: Rates for Home Health Services for agency services and 101 CMR 339.00 Rate for Restorative Services out-of-office visit rates for Individual Providers)
Home Health Aide and Supportive Home Care Aide (101 CMR 350.00: Rates for Home Health Services) Specialized Medical Equipment (101 CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment)
Transportation (101 CMR 327.00 Ambulance and Wheelchair Van Services)
Non-agency Personal Care (101 CMR 309.00: Services for the Personal Care Attendant Program)
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation at the comparable POS rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as staff salaries; tax and fringe benefits; expenses such as training, occupancy, supplies and materials, or other expenses specific to each service; and administrative allocation. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates for particular services by determining the average for each line item
across all providers. In determining the rates for the services noted below, EOHHS used the most recent complete state fiscal year UFR available and determined the average across providers of that service for each line item, which are then used to build each rate.
The waiver service rate is set at the comparable EOHHS POS rate for the following waiver services: Community Based Day Supports (101 CMR 415.00: Rates for Community-Based Day Support Services)
Community Behavioral Health Support and Navigation (101 CMR 444.00: Rates for Certain Substance-Related and Addictive Disorders Programs)
Community Family Training (101 CMR 414.00: Rates for Family Stabilization Services; Family Training rate) Individual Support and Community Habilitation (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports) Peer Support (101 CMR 414.00: Rates for Family Stabilization Services)
Shared Home Supports (101 CMR 411.00: Rates for Certain Placement, Support and Shared Living Services) Supported Employment (101 CMR 419.00: Rates for Supported Employment Services)
Assistive Technology – evaluation and training (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
For waiver services in which there is no comparable state plan or EOHHS POS rate, a rate for the waiver service was developed and established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and as described below.
For Adult Companion, Agency Personal Care, Chore Services, Homemaker Services, and Supportive Home Care Aide, rates were developed using applicable agency data from April 2019 for comparable services provided through the Executive Office of Elder Affairs (EOEA) Home Care Program, which provides elders in the Commonwealth with long term services and supports that enable them to live in the community and is the largest purchaser of these services. Home Care Program services include Adult Companion, Agency Personal Care, Chore Services, Homemaker Services, and Supportive Home Care Aide. For these services, the median of contracted service prices was used as the rate. The methodology and data sources used in this analysis were consistent with the method used previously in past analysis.
Calculations were performed using SAS statistical software.
The rate for Laundry services will be established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and based on applicable agency data for this service provided through the Executive Office of Elder Affairs (EOEA) Home Care Program. The rate will be based on the median of contracted service prices, consistent with the methodology noted for the services above.
Rates for Home Delivered Meals will be established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and based on the rate currently in place through Appendix K authority.
Rates for Day Services, Independent Living Supports and Prevocational Services set in 101 CMR 359.00 were updated from prior rates by applying a prospective CAF of 2.14%, with a base period of 2020 Q2 and a prospective rate period of 2020 Q3 through 2022 Q2. The CAF is based on the Massachusetts Consumer Price Index for Spring 2019 optimistic forecast provided by IHS Markit Economics.
Rates for Orientation and Mobility services set in 101 CMR 359.00 were updated using calendar year (CY) 2019 Medicare Resource-Based Relative Value Scale system, which calculates service rates by multiplying the CY2019 Medicare conversion factor, a standard dollar value, by the Medicare-assigned relative value units for the service.
Assistive Technology (devices), Home Accessibility Adaptations, Respite, Transitional Assistance and Vehicle Modification are paid at Individual Consideration (IC). Where IC rates are designated, the appropriate payment rate is determined in accordance with the following standards and criteria established in 101 CMR 359.00:
the amount of time required to complete the service or item;
the degree of skill required to complete the service or item;
the severity or complexity of the service or item;
the lowest price charged or accepted from any payer for the same or similar service or item, including, but not limited to any shelf price, sale price, advertised price, or other price reasonably obtained by a competitive market for the service or item; and
the established rates, policies, procedures, and practices of any other purchasing governmental unit in purchasing the same or similar services or items.
All costs that are not eligible for federal financial participation, such as room and board, are specifically excluded from the rate computation of any waiver services. The waiver case manager will inform the participant of the availability of information about waiver services payment rates and 101 CMR 359.00.
MA MFP Residential Supports (MFP – RS) Waiver (1028.R02.00)1915(c)
Effective: 04/01/2023 – Expires: 03/31/2028
Effective: 04/01/2023 – Expires: 03/31/2028
Service Types
- Prevocational Services
- Supported Employment
- Assistive Technology
- Community Based Day Supports
- Day Services
- Orientation and Mobility Services
- Peer Support
- Transportation
Service Definitions and Limitations
Prevocational Services
Prevocational Services comprises a range of learning and experiential type activities that prepare a participant for paid employment in an integrated, community setting. Services are not job-task oriented but instead, aimed at a generalized result (e.g. attention span, motor skills). The service may include teaching such concepts as attendance, task completion, problem solving and safety as well as social skills training, improving attention span, and developing or improving motor skills. Basic skill-building activities are expected to specifically involve strategies to enhance a participant’s employability in integrated, community settings. The amount, duration and scope of Prevocational Services provided to a participant is based on an assessment of the participant’s pre-employment needs that arise as a result of their functional limitations and/or conditions, including services that enable the participant to acquire, improve, retain/maintain, and prevent deterioration of functioning consistent with the participant’s interests, strengths, priorities, abilities and capabilities. Services are reflected in the participant’s individualized service plan and are directed to address habilitative or rehabilitative rather than explicit employment objectives. Prevocational services may be provided one-to-one or in a group format. This service may be provided as a site-based service, in community settings or in a combination of these settings and must include integrated community activities that support the development of vocational skills. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Meals provided as part of these services shall not constitute a “full nutritional regimen” (3 meals per day). Documentation is maintained in the file of each individual receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the IDEA (20 U.S.C. 1401 et seq.).
Limits on the amount, duration, or frequency of this service:
There is no limit on the duration of this service. Goals are reevaluated annually at the Person-Centered Planning meeting and more frequently if there is a changing need.
Supported Employment
Supported employment services consist of intensive, ongoing supports that enable participants, for whom competitive employment at or above the minimum wage is unlikely absent the provision of supports, and who, because of their disabilities, need supports, to perform in a regular work setting. Supported employment may include assisting the participant to locate a job or develop a job on behalf of the participant. Supported employment is conducted in a variety of settings, particularly work sites where persons without disabilities are employed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Supported employment includes activities needed to sustain paid work by participants, including supervision and training. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by participants receiving waiver services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.).
Federal financial participation is not claimed for incentive payments, subsidies, or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to an individual’s supported employment program.
Limits on the amount, duration, or frequency of this service:
This service is not for use to provide continuous long-term 1:1 on the job support to enable an individual to complete work activities.
Assistive Technology
This service has two components: Assistive Technology devices and Assistive Technology evaluation and training. These components are defined as follows:
Assistive Technology devices – an item, piece of equipment, or product system that is used to develop, increase, maintain, or improve functional capabilities of participants, and to support the participant to achieve goals identified in their Plan of Care. Assistive Technology devices can be used to enable the participant to engage in telehealth. Assistive Technology devices can be acquired commercially or modified, customized, engineered or otherwise adapted to meet the individual’s specific needs, including design and fabrication. In addition to the cost of Assistive Technology device purchase, lease, or other acquisition costs, this service component covers maintenance and repair of Assistive Technology devices and rental of substitute Assistive Technology devices during periods of repair. This service includes device installation and set up costs but excludes installation and set-up and ongoing provision fees related to internet service. This service includes purchase, lease, or other acquisition costs of cell phones, tablets, computers, and ancillary equipment necessary for the operation of the Assistive Technology devices that enable the individual to participate in telehealth. These devices are not intended for purely diversional/recreational purposes. Assistive Technology evaluation and training – the evaluation of the Assistive Technology needs of the participant, i.e. functional evaluation of the impact of the provision of appropriate Assistive Technology devices and services to the participant in the customary environment of the participant; the selection, customization and acquisition of Assistive Technology devices for participants; selection, design, fitting, customization, adaption, maintenance, repair, and/or replacement of Assistive Technology devices; coordination and use of necessary therapies, interventions, or services with Assistive Technology devices that are associated with other services contained in the Plan of Care; training and technical assistance for the participant, and, where appropriate, the family members, guardians, advocates, or authorized representatives of the participant; and training or technical assistance for professionals or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of participants. Assistive Technology must be authorized by the Case Manager as part of the Plan of Care. The Case Manager will explore with the participant/legal guardian the use of the Medicaid State Plan. Waiver funding shall only be used for assistive technology that is specifically related to the functional limitation(s) caused by the participant’s disability. The evaluation and training component of this service may be provided remotely via telehealth based on the professional judgement of the evaluator and the needs, preferences, and goals of the participant as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. Assistive Technology must meet the Underwriter’s Laboratory and/or Federal Communications Commission requirements, where applicable, for design, safety, and utility. There must be documentation that the item purchased is appropriate to the participant’s needs. Any Assistive Technology item that is available through the State Plan must be purchased through the State Plan; only items not covered by the State Plan may be purchased through the Waiver. Participants may not receive duplicative devices through this service and either the Transitional Assistance Service or the Specialized Medical Equipment Service.
Limits on the amount, duration, or frequency of this service:
The Assistive Technology evaluation includes identification of technology already available and assesses whether technology modifications or a new device is appropriate based on demonstrated need.
Community Based Day Supports
Community Based Day Supports (CBDS) is designed to enable an individual to enrich their life and enjoy a full range of community activities by providing opportunities for developing, enhancing, and maintaining competency in personal, social interactions and community integration. The service may include career exploration, including assessment of interests through volunteer experiences or situational assessments; community integration experiences to support fuller participation in community life; development and support of activities of daily living and independent living skills, socialization experiences and enhancement of interpersonal skills and pursuit of personal interests and hobbies. The service is intended for individuals of working age who may be on a pathway to employment, a supplemental service for individuals who are employed part-time and need a structured and supervised program of services during the time that they are not working, and for individuals who are of retirement age. Using a small group model, CBDS provides a flexible array of individualized supports through community activities that promote socialization, peer interaction and community integration.
Limits on the amount, duration, or frequency of this service:
N/A
Day Services
Day services/supports provide for structured day activity typically for individuals with pervasive and extensive support needs who are not ready to join the general workforce, or who are employed part-time and need a structured and supervised program of services during the time that they are not working, or who are of retirement age. Day Services are individually designed around consumer choice and preferences with a focus on improvement or maintenance of the person’s skills and their ability to live as independently as possible in the community. Day Services often include assistance to learn activities of daily living and functional skills; language and communication training; compensatory, cognitive and other strategies; interpersonal skills; recreational/socialization skills and other skills training to prepare the individual to undertake various community inclusion activities. This service may reinforce some aspects of other waiver and state plan services by allowing individuals to continue to strengthen skills, which are necessary for greater independence, productivity and community inclusion. Day Services are provided in a provider operated setting in the community and not in a participant’s residence, and do not duplicate any services under the state plan. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person service based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment.
Limits on the amount, duration, or frequency of this service:
N/A
Orientation and Mobility Services
Orientation and Mobility (O&M) services teach an individual with vision impairment or legal blindness how to move or travel safely and independently in their home and community and include (a) O&M assessment; (b) training and education provided to Participants; (c) environmental evaluations; (d) caregiver/direct care staff training on sensitivity to blindness/low vision; and (e) information and resources on community living for persons with vision impairment or legal blindness. O&M Services are tailored to the individual’s need and may extend beyond residential settings to other community settings as well as public transportation systems.
Limits on the amount, duration, or frequency of this service:
N/A
Peer Support
Peer Support is designed to provide training, instruction and mentoring to individuals about self-advocacy, participant direction, civic participation, leadership, benefits, and participation in the community. Peer support may be provided in small groups or peer support may involve one peer providing support to another peer, the waiver participant, to promote and support the waiver participant’s ability to participate in self-advocacy. The one to one peer support is instructional; it is not counseling. The service enhances the skills of the individual to function in the community and/or family home. Documentation in the individual’s record demonstrates the benefit to the individual. This service may be self-directed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time.
Limits on the amount, duration, or frequency of this service:
Not to exceed 16 hours per week.
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 58 | 852.00 | 12.07 | 596,451.12 | 596,451.12 |
| Supported Employment | Supported Employment | 15 min | 42 | 545.00 | 17.35 | 397,141.50 | 397,141.50 |
| Assistive Technology | Assistive Technology – devices | Item | 12 | 5.00 | 290.62 | 17,437.20 | 38,871.96 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min | 12 | 89.00 | 20.07 | 21,434.76 | 38,871.96 |
| Community Based Day Supports | Community Based Day Supports | 15 min | 105 | 160.00 | 4.90 | 82,320.00 | 82320.00 |
| Day Services | Day Services – Per Diem | Per diem | 206 | 104.00 | 135.99 | 2,913,449.76 | 32,40,014.76 |
| Day Services | Day Services – Partial | Partial per diem | 75 | 60.00 | 72.57 | 326,565.00 | 32,40,014.76 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 38.00 | 41.51 | 1,577.38 | 1,577.38 |
| Peer Support | Peer Support | 15 min | 137 | 1,409.00 | 7.83 | 1,511,448.39 | 1,511,448.39 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Prevocational Services | Prevocational Services | 15 min | 76 | 852.00 | 13.69 | 886,454.88 | 886,454.88 |
| Supported Employment | Supported Employment | 15 min | 56 | 545.00 | 19.68 | 600,633.60 | 600,633.60 |
| Assistive Technology | Assistive Technology – devices | Item | 82 | 5.00 | 329.64 | 135,152.40 | 301,254.88 |
| Assistive Technology | Assistive Technology – evaluation and training | 15 min | 82 | 89.00 | 22.76 | 166,102.48 | 301,254.88 |
| Community Based Day Supports | Community Based Day Supports | 15 min | 139 | 160.00 | 5.56 | 123,654.40 | 123,654.40 |
| Day Services | Day Services – Per Diem | Per diem | 272 | 104.00 | 154.24 | 4,363,141.12 | 4,847,123.92 |
| Day Services | Day Services – Partial | Partial per diem | 98 | 60.00 | 82.31 | 483,982.80 | 4,847,123.92 |
| Orientation and Mobility Services | Orientation and Mobility Services | 15 min | 1 | 38.00 | 47.08 | 1,789.04 | 1,789.04 |
| Peer Support | Peer Support | 15 min | 181 | 1,409.00 | 8.89 | 2,267,207.81 | 2,267,207.81 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. The HCBS rate regulation was last updated effective April 1, 2021. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied.
The rates for all waiver services in this waiver were established in accordance with the above statutory requirements. Additional information on the rate development for each waiver service follows.
The waiver rates can be found in EOHHS waiver services regulations 101 CMR 359.00 (Rates for Home and Community Based Services Waivers). The regulation can be found on the MassHealth website: www.mass.gov/eohhs/gov/departments/masshealth/
101 CMR 359.00 establishes rates for waiver services based on and tied to existing rate setting methodologies for similar/same services when possible. As such, the rates for waiver services in this waiver are established in one of four ways, as follows:
For waiver services in which there is a comparable Medicaid state plan rate, the waiver service rate was established in regulation at the comparable Medicaid state plan rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All Medicaid state plan rates were established in regulation pursuant to this same statutory requirement. Medicaid State Plan rates are developed using provider cost data submitted to the Center for Health Information and Analysis (CHIA) in accordance with provider cost reporting requirements under 957 CMR 6.00: Cost Reporting Requirements. The provider cost data is used to calculate rates that meet the statutory rate adequacy requirements noted above. There are no differences in the rate methodology between these state plan and waiver services. No additional CAF was used for the waiver services using the comparable state plan rate.
This applies to the following waiver services:
Skilled Nursing (101 CMR 350.00 Home Health Services; Rates for Skilled Nursing Services)
Occupational, Physical and Speech Therapy (101 CMR 350.00: Rates for Home Health Services for agency services and 101 CMR 339.00 Rates for Restorative Services)
Specialized Medical Equipment (101 CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment)
Transportation (101 CMR 327.00 Ambulance and Wheelchair Van Services)
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in regulation at the comparable POS rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All POS rates were established in regulation pursuant to this statutory requirement. POS rates are developed using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance, Reporting and Auditing for Human and Social Services. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as staff salaries; tax and fringe benefits; expenses such as training, occupancy, supplies and materials, or other expenses specific to each service; and administrative allocation. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates for particular services by determining the average for each line item across all providers. In determining the rates for the services notes below, EOHHS used the most recent complete state fiscal year UFR available and determined the average across providers of that service for each line item, which are then used to build each rate.
The waiver service rate is set at the comparable EOHHS POS rate for the following waiver services: Residential Family Training (101 CMR 414.00: Rates for Family Stabilization Services; Family Training rate)
Individual Support and Community Habilitation (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
Peer Support (101 CMR 414.00: Rates for Family Stabilization Services)
Residential Habilitation (101 CMR 420.00 Rates for Adult Long-Term Residential Services)
Shared Living – 24 Hour Supports (101 CMR 411.00 Rates for Certain Placement, Support and Shared Living Services) Community Based Day Supports (101 CMR 415.00: Rates for Community-Based Day Support Services)
Community Behavioral Health Support and Navigation (101 CMR 444.00: Rates for Certain Substance-Related and Addictive Disorders)
Supported Employment (101 CMR 419.00: Rates for Supported Employment Services)
Assistive Technology – evaluation and training (101 CMR 423.00: Rates for Certain In-Home Basic Living Supports)
For waiver services in which there is no comparable state plan or EOHHS POS rate, a rate for the waiver service was developed and established under 101 CMR 359.00 after public hearing pursuant to MGL Chapter 118E, Section 13D, and as described below.
Rates for Assisted Living, Day Services and Prevocational Services set in 101 CMR 359.00 were updated from prior rates by applying a prospective CAF of 2.14%, with a base period of 2020 Q2 and a prospective rate period of 2020 Q3 through 2022 Q2. The CAF is based on the Massachusetts Consumer Price Index for Spring 2019 optimistic forecast provided by IHS Markit Economics.
Rates for Orientation and Mobility services set in 101 CMR 359.00 were updated using calendar year (CY) 2019 Medicare Resource-Based Relative Value Scale system, which calculates service rates by multiplying the CY2019 Medicare conversion factor, a standard dollar value, by the Medicare-assigned relative value units for the service.
Assistive Technology -devices, Home Accessibility Adaptations and Transitional Assistance are paid at Individual Consideration (IC). Where IC rates are designated, the appropriate payment rate is determined in accordance with the following standards and criteria established in 101 CMR 359.00:
the amount of time required to complete the service or item;
the degree of skill required to complete the service or item;
the severity or complexity of the service or item;
the lowest price charged or accepted from any payer for the same or similar service or item, including, but not limited to any shelf price, sale price, advertised price, or other price reasonably obtained by a competitive market for the service or item; and
the established rates, policies, procedures, and practices of any other purchasing governmental unit in purchasing the same or similar services or items.
All costs that are not eligible for federal financial participation, such as room and board, are specifically excluded from the rate computation of any waiver services.
The waiver case manager will inform the participant of the availability of information about waiver services payment rates and 101 CMR 359.00.
MA Traumatic Brain Injury (TBI) Waiver (0359.R05.00)1915(c)
Effective: 07/01/2024 – Expires: 06/30/2029
Effective: 07/01/2024 – Expires: 06/30/2029
Service Types
- Supported Employment
- Day Services
- Transportation
Service Definitions and Limitations
Supported Employment
Supported Employment services consist of intensive, ongoing supports that clarify the skills that participants will need to strengthen ahead of job placement, determine if any specific skill training will be needed for successful job placement and retention, and enable participants who need supports to perform in a regular work setting to achieve successful placement in a competitive work setting, with such supports. Supported Employment may include assisting the participant to locate a job or developing a job on behalf of the participant, as well as post-placement intermittent support. Supported Employment is conducted in a variety of settings, particularly work sites where persons without disabilities are employed. This service may be provided remotely via telehealth based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. This service may be delivered remotely via telehealth 100% of the time. Supported Employment includes activities needed to obtain and sustain paid work by participants, including assessment, education and skills training activities, job development and placement, support upon initial placement, and intermittent post-placement job supports. When supported employment services are provided at a work site where persons without disabilities are employed, payment is made only for the adaptations, supervision and training required by participants receiving waiver services as a result of their disabilities but does not include payment for the supervisory activities rendered as a normal part of the business setting. Documentation is maintained in the file of each participant receiving this service that the service is not available under a program funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.). Federal Financial Participation is not claimed for incentive payments, subsidies, or unrelated vocational training expenses such as the following: 1. Incentive payments made to an employer to encourage or subsidize the employer’s participation in a supported employment program; 2. Payments that are passed through to users of supported employment programs; or 3. Payments for training that is not directly related to an individual’s supported employment program. This service does not include continuous, long-term 1:1 support to enable an individual to complete work activities.
Limits on the amount, duration, or frequency of this service:
N/A
Day Services
Day Services provide structured day activities tailored to the participant’s specific personal goals and outcomes related to the acquisition, improvement, and/or retention of skills and abilities. Day Services are individually designed around consumer choice and preferences with a focus on improvement or maintenance of the person’s skills and their ability to live as independently as possible in the community. Day Services provide assistance to learn activities of daily living and functional skills; language and communication training; compensatory, cognitive and other strategies to compensate for functional limitations due to brain injury; interpersonal skills training; recreational/socialization skills training and skills training to negotiate and manage difficult or complex community relationships to prepare the individual to undertake various community inclusion activities. This service may reinforce, but not duplicate, other waiver and state plan services by allowing individuals to continue to strengthen skills, which are necessary for greater independence, productivity and community inclusion. Day Services/supports can be provided in a provider operated setting in the community, or, using a small group model, as individualized supports through a flexible array of community activities that promote socialization, peer interaction, and community integration. This service is primarily delivered in person; telehealth may be used to supplement the scheduled in-person services based on the participant’s needs, preferences, and goals as determined during the person-centered planning process and reviewed by the Case Manager during each scheduled reassessment. Day Services do not duplicate any services under the State Plan.
Limits on the amount, duration, or frequency of this service:
N/A
Transportation
Transportation services are also available under this waiver to support access to community activities as identified through the individual’s person-centered plan.
Unit of Service
Year 1
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Supported Employment | Supported Employment – Ongoing and Interim Supports | 15 min | 1 | 208.00 | 17.20 | 3,577.60 | 16,174.23 |
| Supported Employment | Supported Employment – Intake, Evaluation, and Assessment | Episode | 1 | 1.00 | 1,126.05 | 1,126.05 | 16,174.23 |
| Supported Employment | Supported Employment – Targeted Educational and Skills Training Activities | Episode | 1 | 1.00 | 3,072.48 | 3,072.48 | 16,174.23 |
| Supported Employment | Supported Employment – Job Development and Skills Training Activities | Episode | 1 | 1.00 | 6,189.07 | 6,189.07 | 16,174.23 |
| Supported Employment | Supported Employment – Initial Employment Supports | Episode | 1 | 1.00 | 2,209.03 | 2,209.03 | 16,174.23 |
| Day Services | Day Services (15 minutes) | 15 min | 18 | 2,338.00 | 7.26 | 305,529.84 | 305,529.84 |
Year 5
| Waiver Service | Component/ Type | Unit | # Users | Avg. Units Per User | Avg. Cost /Unit | Component Cost | Total Cost |
|---|---|---|---|---|---|---|---|
| Supported Employment | Supported Employment – Ongoing and Interim Supports | 15 min | 1 | 208.00 | 18.98 | 3,947.84 | 17,846.74 |
| Supported Employment | Supported Employment – Intake, Evaluation, and Assessment | Episode | 1 | 1.00 | 1,242.47 | 1,242.47 | 17,846.74 |
| Supported Employment | Supported Employment – Targeted Educational and Skills Training Activities | Episode | 1 | 1.00 | 3,390.11 | 3,390.11 | 17,846.74 |
| Supported Employment | Supported Employment – Job Development and Skills Training Activities | Episode | 1 | 1.00 | 6,828.92 | 6,828.92 | 17,846.74 |
| Supported Employment | Supported Employment – Initial Employment Supports | Episode | 1 | 1.00 | 2,437.40 | 2,437.40 | 17,846.74 |
| Day Services | Day Services (15 minutes) | 15 min | 18 | 2,338.00 | 8.01 | 337,092.84 | 337,092.84 |
Rate Determination Methods
EOHHS is required by state law to develop rates for health services purchased by state governmental units, and which includes rates for waiver services purchased under this waiver. State law further requires that rates established by EOHHS for health services must be “adequate to meet the costs incurred by efficiently and economically operated facilities providing care and services in conformity with applicable state and federal laws and regulations and quality and safety standards and which are within the financial capacity of the commonwealth.” See MGL Chapter 118E Section 13C. This statutory rate adequacy mandate guides the development of all rates described herein.
In establishing rates for health services, EOHHS is required by statute to complete a public process that includes issuance of a notice of the proposed rates with an opportunity for the public to provide written comment, and EOHHS is required to hold a public hearing to provide an opportunity for the public to provide oral comment. See MGL Chapter 118E Section 13D; see also MGL Chapter 30A Section 2. The purpose of this public process is to ensure that the public (and in particular, providers) are given advance notice of proposed rates and the opportunity to provide feedback, both orally and in writing, to ensure that proposed rates meet the statutory rate adequacy requirements noted above.
All rates established in regulation by EOHHS are required by statute to be reviewed biennially and updated as applicable, to ensure that they continue to meet the statutory rate adequacy requirements. See MGL Chapter 118E Section 13D. In updating rates to ensure continued compliance with statutory rate adequacy requirements, a cost adjustment factor (CAF) or other updates to the rate models may be applied. The cost adjustment factor for all rates using such a factor is from the Massachusetts Consumer Price Index optimistic forecast provided by Global Insight, based on an average for the prospective two-year period during which the rate will apply. The state maintains a website that provides details on each of the regulations governed under this authority -https://www.mass.gov/chapter-257- implementation-update. This website includes a section with salary benchmark details and all proposed regulations and hearing dates.
As described in MGL Chapter 118E Section 13D, in establishing rates of payment to providers of services, the state shall control rate increases and shall impose such methods and standards as are necessary to ensure reimbursement for those costs which must be incurred by efficiently and economically operated facilities and providers. Such methods and standards may include peer group cost analyses; ceilings on capital and operating costs; productivity standards; caps or other limitations on the utilization of temporary nursing or other personnel services; use of national or regional indices to measure increases or decreases in reasonable costs; limits on administrative costs associated with the use of management companies; the availability of discounts for large volume purchasers; the revision of existing historical cost bases, where applicable, to reflect norms or models of efficient service delivery; and other means to encourage the cost- efficient delivery of services.
The Secretary has the sole responsibility for establishing rates of payment for which are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated providers in providing care in conformity with federal and state law, regulations, and quality and safety standards. Section 13D of Chapter 118E of the Massachusetts General Laws requires rates to be reviewed at least once every two years.
Additional information on the rate development for waiver services follows.
1. For waiver services in which there is a comparable Medicaid state plan service and rate, the waiver service rate was established in regulation at the comparable Medicaid state plan rate after public hearing pursuant to MGL Chapter 118E, Section 13D. All Medicaid state plan rates were established in regulation pursuant to this same statutory requirement. Medicaid State Plan rates are developed using provider cost data submitted to the Center for Health Information and Analysis (CHIA) in accordance with provider cost reporting requirements under 957 CMR 6.00: Cost Reporting Requirements. The provider cost data is used to calculate rates that meet the statutory rate adequacy requirements noted above. There are no differences in the rate methodology between these state plan and waiver services. No additional CAF was used for the waiver services using the comparable state plan rate. This applies to the following waiver services:
-Specialized Medical Equipment (set in accordance with 101 CMR 322.00 (formerly 114.3 CMR 22.00): Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment). These regulations establish a process for determining the price of equipment. This same process is used to determine the cost of the specific item being purchased as Specialized Medical Equipment. The rate is determined at the time of purchasing. 101 CMR 322.00 was last updated effective 7/7/23. These rates are updated every two years.
For these rates, no productivity expectations and administrative ceiling calculations have been used in establishing the rates.
Transportation services: Massachusetts has a coordinated statewide Human Service Transportation (HST) brokerage system with two Regional Transit Authorities currently brokering and managing consumer trips throughout the state. Brokers arrange transportation services by subcontracting with local qualified transportation providers. Work volume for transportation providers can be as limited as occasional trips for mid-day medical appointments to long-term, multiple days a week, route-structured program services. For Demand-response trips, contracted providers will be awarded trips on a daily basis based on lowest qualified bid, availability, capacity and prior performance history. Program-Based trips for a specific destination, frequency and time, usually operating on a daily or regularly scheduled basis were procured for a five-year period beginning July 1, 2015, and was annually extended. Recently the procurement process took place and routes are being procured for a five-year period to begin on July 1, 2024. Additional routes are added as needed. The contracted routes are awarded based on vendor score from the procurement process, lowest qualified bid, capacity, coverage and prior performance.
For waiver services where there is a comparable EOHHS Purchase of Service (POS) rate, the waiver service rate was established in POS regulation after public hearing pursuant to MGL Chapter 118E, Section 13D. All POS rates were established in regulation pursuant to this statutory requirement. In accordance with Massachusetts General Laws (MGL) Chapter 118E, Section 13D Duties of ratemaking authority; criteria for establishing rates, the rates are reviewed every two years. POS rates are developed using Uniform Financial Reporting (UFR) data submitted to the Massachusetts Operational Services Division, in accordance with UFR reporting requirements under 808 CMR 1.00: Compliance,
Reporting and Auditing for Human and Social Services, which requires providers to submit UFRs on an annual basis. EOHHS uses UFR data to calculate rates that meet statutory adequacy requirements described above. No productivity expectations and administrative ceiling calculations were used in establishing these rates. UFR data demonstrates expenses of providers of a particular service for particular line items. Specifically, UFRs include line items such as staff salaries; tax and fringe benefits; expenses such as training, occupancy, supplies and materials, or other expenses specific to each service; and administrative allocation. EOHHS uses these line items from UFRs submitted by providers as components in the buildup for the rates for particular services by determining the average for each line item across all providers. EOHHS uses the most recent complete state fiscal year UFR available to determine the average across providers of that service for each line item, which are then used to build each rate. When analyzing a variable that is relatively normally distributed, EOHHS considers an outlier as data that falls two or more standard deviations from its mean. In general, outliers belong to one of two categories: a mistake in the data or a true outlier. Depending on the data set being analyzed, an outlier would generally be handled by either excluding the outlier data or capping the outlier data so that the outlier data would not adversely affect the ability of EOHHS to develop rates applicable to providers of a particular service.
The waiver service rate is set at the comparable EOHHS POS rate for the following waiver services:
-Adult Companion (set in accordance with 101 CMR 423.00: Rates for Certain In-Home Basic Living Supports). 101 CMR 423.00 was last updated effective 7/1/22. These rates are updated every two years.
– Individual Support and Community Habilitation (set in accordance with 101 CMR 422.00: General Programs – Disability Services and 101 CMR 423.00: Rates for Certain In-Home Basic Living Supports).101 CMR 422.00 was last updated effective 1/1/22 and 101 CMR 423.00 was last updated effective 7/1/22. These rates are updated every two years.
-Day Services (set in accordance with 101 CMR 415.00: Rates for Community-Based Day Supports and 101 CMR 422.00: General Programs – Disability Services). 101 CMR 415.00 was last updated effective 9/1/23 and 101 CMR
422.00 was last updated effective 1/1/22. These rates are updated every two years.
– Homemaker Services (set in accordance with 101 CMR 422.00: General Programs – Disability Services). 101 CMR
422.00 was last updated effective 1/1/22. These rates are updated every two years.
-Residential Habilitation (set in accordance with 101 CMR 420.00 Rates for Adult Long-Term Residential Services). 101 CMR 420.00 was last updated effective 7/1/22. These rates are updated every two years.
-Shared Living – 24 Hour Supports (set in accordance with 101 CMR 411.00 Rates for Certain Placement and Support Services). 101 CMR 411.00 was last updated effective 7/1/22. These rates are updated every two years.
-Rates for Supported Employment Services (set in accordance with 101 CMR 419: Rates for Supported Employment Services, and 101 CMR 410: Rates for Competitive Integrated Employment Services). 101 CMR 419.00 was last updated effective 7/1/23 and 101 CMR 410.00 was last updated effective 7/1/22. These rates are updated every two years.
No productivity expectations and administrative ceiling calculations have been used in establishing these rates.
Home Accessibility Adaptations, Respite, Transitional Assistance and Assistive Technology for Telehealth are paid at Individual Consideration (IC). Where IC rates are designated, the appropriate payment rate is determined in accordance with the following standards and criteria:
the amount of time required to complete the service or item;
the degree of skill required to complete the service or item;
the severity or complexity of the service or item;
the lowest price charged or accepted from any payer for the same or similar service or item, including, but not limited to any shelf price, sale price, advertised price, or other price reasonably obtained by a competitive market for the service or item; and
the established rates, policies, procedures, and practices of any other purchasing governmental unit in purchasing the same or similar services or items.
The State does not establish a limit or maximum allowable rate for home accessibility adaptations, respite or transitional assistance services.