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16 130 CMR: DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 258 Rev. 02/13/26

130 CMR 519.000: MASSHEALTH: COVERAGE TYPES

4. not have transferred resources for less than fair market value, as described in 130 CMR 520.018: Transfer of Resources Regardless of Date of Transfer and 520.019: Transfer of Resources Occurring on or after August 11, 1993. (c) Enrollment Limits. Enrollment in the Non-residential Habilitation Waiver is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in this waiver may be limited in a manner determined by the MassHealth agency. (d) Waiver Services. Eligible members who are enrolled as waiver participants in the Non-residential Habilitation Waiver are eligible for the waiver service described in 130 CMR 630.405(B): Acquired Brain Injury Non-residential Habilitation (ABI-N) Waiver.

(H) Moving Forward Plan Home- and Community-based Services Waivers (1) Moving Forward Plan (MFP) Residential Supports Waiver (a) Clinical and Age Requirements. The MFP Residential Supports Waiver, as authorized under § 1915(c) of the Social Security Act, allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of nursing facility services or chronic disease or rehabilitation hospital services, or, for participants 18 through 21 years old or 65 years of age and older, psychiatric hospital services, to receive residential support services and other specified waiver services in a 24-hour supervised residential setting if they meet all of the following criteria: 1. are 18 years of age or older and, if younger than 65 years old, are totally and permanently disabled in accordance with Title XVI standards; 2. are an inpatient in a nursing facility or chronic disease or rehabilitation hospital or, for participants 18 through 21 years old or 65 years of age and older, psychiatric hospital with a continuous length of stay of 90 or more days, excluding rehabilitation days; 3. have received MassHealth benefits for inpatient services, and are MassHealth eligible at least the day before discharge; 4. have been assessed to need residential habilitation, assisted living services, or shared living 24-hour support services within the terms of the MFP Residential Supports Waiver; 5. are able to be safely served in the community within the terms of the MFP Residential Supports Waiver; and 6. are transitioning to the community setting from a facility, moving to a qualified residence, such as a home owned or leased by the applicant or a family member, an apartment with an individual lease, or a community-based residential setting in which no more than four unrelated individuals reside. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency determines income eligibility based solely on the applicant’s or member’s income regardless of their marital status. The applicant or member must 1. meet the requirements of 130 CMR 519.007(H)(1)(a);