Notices of Public Hearing (Published 02/02/2024)

Building Regulations and Standards, State Board of
780 CMR 1.00 through 115.00

Notice of Hearings

Pursuant to M.G.L. c. 143, §94, 97, and c. 30A, §2, the Board of Building Regulations and Standards will hold three public hearings relative to proposed promulgation of the 10th Edition of the Massachusetts State Building Code. Specifically, the following regulations are proposed to be amended:

780 CMR 1.00 through 115.00

The proposed changes would fully replace the existing Ninth Edition with a new Tenth Edition based on the 2021 “I codes,” published by the International Code Council, including the 2021 IBC, IRC, IEBC, IMC, ISPSC, and IFC, with Massachusetts-specific amendments. A small business impact statement has been filed with the Secretary of State’s Office. The Board will hold the public hearings as follows (pre-registration is not required):

Wednesday, February 14, 2024, at 10:00 a.m.:
Reggie Lewis Track and Athletic Center
1350 Tremont St
Boston, MA 02120 

Wednesday, February 21, 2024, at 10:00 a.m.:
By videoconference https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 221 842 912 364, Passcode: ZaGJch
Or call in to: (857) 327-9245, Phone Conference ID: 331 233 547 

Wednesday, February 28, 2024, at 10:00 a.m.:
Springfield Technical Community College
One Armory Square – B2 Auditorium (use parking lot K)
Springfield, MA 01105 

Interested Parties will be given an opportunity to present testimony orally or in writing at these hearings. The Board will also accept written comments regarding the regulations sent via email at bbrs-ma@mass.gov or by mail at this address: 

Board of Building Regulations and Standards Division of Occupational Licensure  
Office of Public Safety and Inspections 
1000 Washington Street, 7th Floor
Boston, MA 02118

Written comments must be received by 5:00 P.M. on Wednesday, March 6, 2024. If possible, comments should include proposed code change language, commenters are also encouraged to fill out a code change proposal form (available on the Board’s website). A copy of the proposed regulations may be obtained at the Board’s web site located at: https://www.mass.gov/orgs/office-of-public-safety-and-inspections or by contacting the Board office directly at the above address or by phone: (617) 727-3200.

CMR No: 780 CMR 1.00 – 115.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  60,000

• Will small businesses have to create, file, or issue additional reports?

  Yes. Certain small businesses will be required to create, file, and issue reports. These may include, but are not limited to: Construction Control documents; certain engineering analyses; project completion affidavits; project cost substantiation documents; design and shop drawings; and compliance alternative substantiation. They may also be required to prepare other documents if submitting an appeal to the Building Code Appeals Board.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. In certain circumstances, records will need to be created and maintained. These may include, but are not limited to: records of specialized inspections; maintenance records; design changes; and records related to cost (if needed to substantiate building permit valuation).

• Will small businesses have to provide additional administrative oversight?

  Yes. Projects requiring a Construction Supervisor License (“CSL”) will require oversight by a licensed construction supervisor (“CSL holder”). In addition to oversight by a CSL holder, installations incorporating engineered designs need to be reviewed by the Registered Design Professional (“RDP”) approving the design. For projects beyond the scope of a CSL, compliance with Construction Control practices is required. This includes administrative oversight responsibilities by both the RDP and General Contractor responsible for the project.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. Small businesses will typically already employ the necessary personnel, though when necessary they are able to hire outside consultants and experts to perform the duties required by this regulation.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
  accountant, engineer, etc.)?

  Yes. Overall, small businesses will be able to perform most of the required tasks themselves, as long as they are duly-licensed to perform those tasks. In certain circumstances, such as specialized inspections requiring independent third-party verification (e.g., HERS Raters and Inspectors, BPI certified professionals, and Concrete and Steel Inspections).

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  Yes. These regulations have certain prescriptive- and performance-based requirements, which may require specialized products, meeting certain national (or international) standards, in order to comply.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  No. (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) The regulations incorporate both performance- and prescriptivebased requirements for use in various types of projects. Designers and developers may choose to use performance-based requirements, as long as they are substantiated through verifiable documentation.

• Do any other regulations duplicate or conflict with the proposed regulation?

  Yes. The Board of Building Regulations and Standards (“BBRS”) has duplicative jurisdiction, in certain areas, with the Department of Public Health, the Department of Fire Services, and other specialized codes listed in G.L. c. 143, § 96. Whenever there are any jurisdictional conflicts, the BBRS is open to discussions with other entities to ensure a proper resolution is obtained

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. The regulation requires compliance with certain permit and maintenance requirements. This includes inspection and audit findings, and other enforcement activities, as required by the regulation.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  Yes. The regulation requires continuing education for many of those licenses and certifications regulated by the regulation, including: CSL holders, Building Officials (local inspectors, building commissioners, and inspectors of buildings), certain staff in Concrete Testing Laboratories, and Concrete Field Testing Technicians.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. Regardless of place of formation, the licensure and permitting requirements are the same for in-state and out-of-state businesses and individuals doing business in Massachusetts.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. Regardless of place of formation, the licensure and permitting requirements are the same for in-state and out-of-state businesses and individuals doing business in Massachusetts.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation does not provide any different reporting or compliance requirements for small businesses. However, the code does not require all design plans to be completed by an RDP, and therefore small businesses are permitted to submit less formal construction documents, which can and do satisfy code requirements.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation does not provide any less stringent schedules or deadlines for compliance or reporting requirements for small businesses. However, small businesses may apply for, and are frequently granted, permit extensions that offer financial and other relief, on the basis of their small size.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The regulation does not provide any simplified compliance or reporting requirements for small businesses. However, other than licensure and business registration renewals, the building code imposes no genuine deadlines on businesses, small or large.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  Yes. Certain aspects of building design must be prescriptive, but the regulation does incorporate multiple performance-based options for compliance.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. These regulations establish a minimum level of requirements in order to ensure the safety of the public. The process followed in order to develop this regulation utilized extensive stakeholder participation and considerations for cost and safety, as is required by the enabling legislation.

Health and Human Services, Executive Office of
101 CMR 314.00 - 101 CMR 348.00 - 101 CMR 414.00

Notice of Public Hearing

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, February 9, 2024, at 10:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 314.00: Rates for Dental Service 

EOHHS is proposing amendments to 101 CMR 314.00, which governs payment rates paid by MassHealth and other governmental purchasers for dental services rendered to publicly aided individuals by eligible providers. The proposed amendments update rates for certain dental services, effective for dates of service on or after June 1, 2024. The proposed amendments:

• Apply a prospective cost adjustment factor (CAF) of 2.65% to increase rates for certain highly utilized adult dental services. The applicable codes are adult dental services primarily related to preventive, diagnostic, extraction, and palliative services (codes D0140, D0150, D0210, D0272, D0274, D0330, D7140, and D9110).
• Apply a retrospective CAF of 13.36% to increase rates for certain other highly utilized adult and Early and Periodic Screening, Diagnostic and Treatment (EPSDT) services. The retrospective CAF is applied to the adult rate for periodic oral examination (code D0120), prophylactic service (code D1110), and to the adult and EPSDT rates for three endodontic services (codes D3310, D3320 and D3330). This maintains parity for adult and EPSDT endodontic service rates.
• Establish rates for certain codes currently set at individual consideration (IC). Adult rates for codes D0145, D5225, D5226, D8010, D8020, D8030, and D8040 remain at IC.
• Establish rate parity for comparable composite and amalgam adult dental services. Adult rates for composite oral restorative service codes D2391, D2392, D2393 and D2394 are set at the same adult rates for comparable amalgam restorative services.

All other adult and EPSDT rates remain at their current levels. The CAFs were calculated using the optimistic forecast of the Massachusetts-specific Consumer Price Index Spring 2023 developed by S&P Global Market Intelligence. 

EOHHS is proposing these changes, subject to federal approval, to ensure that payment rates are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate fiscal impact on the fee-for-service (FFS) MassHealth expenditure will increase by approximately $9.9 million as a result of these proposed rates.

There is no fiscal impact on cities and towns.  

To register to testify at any of the hearings and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.

Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171

Written testimony will be accepted through 5:00 p.m. on Friday, February 9, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current drafts of the proposed regulations, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. To view or download supporting materials, go to www.mass.gov/service-details/proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters 

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

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.

January 19, 2024

101 CMR 348.00: Rates for Day Habilitation Services

Notice of Public Hearing

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, February 16, 2024, at 11:00 am relative to the emergency adoption of amendments to the following regulation.

101 CMR 348.00: Rates for Day Habilitation Services

The regulation went into effect as an emergency on January 19, 2024. There is no fiscal impact on cities and towns.

The proposed amendments establish three new transportation services to support member transportation to and from day habilitation programs. Currently, transportation services for day habilitation members are covered by the Human Service Transportation Office (HST). HST will continue to manage transportation services for most DH members. As demands arise post-pandemic, the proposed services are intended to provide additional transportation service options for members needing transportation to and from their DH programs. These rate regulations will be aligned with 130 CMR 419.000: Day Habilitation Center Services.

To register to testify at any of the hearings and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.

Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171

Written testimony will be accepted through 5:00 p.m. on February 16, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from
MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171.
To view or download supporting materials, go to www.mass.gov/service-details/proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters 

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

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.

January 26, 2024

101 CMR 414.00:
Rates for Family Stabilization Services.

NOTICE OF PUBLIC HEARING POSTPONEMENT

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Tuesday, February 13, 2024, at 10:00 a.m. relative to the adoption of amendments to the following regulation. This is a postponement of a public hearing originally scheduled for January 30, 2024.

101 CMR 414.00: Rates for Family Stabilization Services.

Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review the rates to be paid by governmental units for social service programs. The amendments to 101 CMR 414.00 are proposed in accordance with this statute. The proposed amendments update rates for certain family stabilization services by a cost adjustment factor (CAF) of 2.71%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2023 Q4) and the prospective period of calendar years 2024 and 2025. All staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2022 at the 53rd percentile. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%. Additionally, the rate for Community-based Afterschool Social and Recreational Programs is being removed from this regulation because it is no longer purchased. We have also updated the severability language to be consistent across EOHHS rate regulations.

The total estimated FY24 annualized cost to state government from the increase in rates established by this proposed amendment is $46.4M, which represents an increase of 12.7% over FY23 spending of approximately $182.8 million. These costs will not be realized until January 1, 2024, at which point the FY24 fiscal impact to state government will be approximately $23.2M for the increase to existing rates. The increase in spending in FY24 will be covered through a combination of the Chapter 257 Reserve Account and the purchasing agencies’ FY24 budgets.

The proposed amendments to the regulation contain rates effective for dates of service on or after January 1, 2024. There is no fiscal impact on cities and towns.

To register to testify at any of the hearings and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.

Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171

Written testimony will be accepted through 5:00 p.m. on Tuesday, February 13, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current drafts of the proposed regulations, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. To view or download supporting materials, go to www.mass.gov/service-details/proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters 

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

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.

January 19, 2024

Division of Medical Assistance
130 CMR 419.000

NOTICE OF PUBLIC HEARING 

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, February 16, 2024, at 10:00 am relative to the emergency adoption of amendments to the following regulation.

 130 CMR 419.000: Day Habilitation Center Services

The regulation went into effect as an emergency on January 19, 2024. There is no fiscal impact on cities and towns. 

The proposed amendments to 130 CMR 419.000 update, clarify, and reorder day habilitation program regulations to:

• Add transportation services and requirements for providing those services;
• Add record keeping requirements for transportation services provided to members; and
• Clarify and update definitions to reflect the above changes. These program regulations will be aligned with 101 CMR 348.00: Rates for Day Habilitation Services.

To register to testify at any of the hearings and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.

Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171

Written testimony will be accepted through 5:00 p.m. on February 16, 2024. The Division specifically invites comments as to how the amendments may affect beneficiary access to care

To review the emergency regulation may, go to www.mass.gov/service-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters 

The Division may adopt a final, revised version of the emergency regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.

January 26, 2024

CMR No: 130 CMR 419.000 
Small Business Impact Statement

• Estimate of the number of small businesses subject to the proposed regulation:

  160 Day Habilitation Providers

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The purpose of the regulation is to establish MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes, this regulation does require small businesses to cooperate with audits, inspections or other regulatory enforcement activities. This requirement is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to encourage the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Any compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Any schedules or deadlines for compliance or reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. This regulation is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

104 CMR 33.00
Designation and Appointment of Qualified Mental Health Professionals

Pursuant to the authority of M.G.L. c. 19, ss. 1, 18 and M.G.L. c. 123, s. 2 and in accordance with M.G.L. c. 30A, the Department of Mental Health will hold a Comment Period for the purpose of receiving written testimony on its proposed amendments. The Department describes the substance of the amendments as follows:

104 CMR 33.00 Designation and Appointment of Qualified Mental Health Professionals

The Department of Mental Health is proposing an amendment to regulation 104 CMR 33.00 (104 CMR 33.03(20)) to implement a recent amendment to GL. ch. 123 §18(a), inserting new §18(a)1/2, which permits the Court to transfer incarcerated individuals to facilities of the Department of Mental Health or to Bridgewater State Hospital under specified circumstances. The Trial Court has issued a form order for such transfers that requires “a qualified advanced practice registered nurse, physician, or psychologist” to examine the individual and report to the Court in writing their opinion, supported by clinical findings. Pursuant to GL. ch 123 §1, “qualified” clinicians are those who are “designated by and meet qualifications required by the regulations of” DMH. The proposed regulation establishes the process for such designation and sets qualifications for clinicians authorized to perform the 18(a)1/2 evaluations ordered by the Court.

COMMENT PERIOD:
A Comment Period will be held by the Department from February 2, 2024, ending on February 23, 2024.

WRITTEN TESTIMONY AND COMMENTS:
To submit written testimony or comments, email your testimony to: DMH-regulations@state.ma.us as an attached Word or PDF document or as text within the body of the email; with the name of the regulation in the subject line. All written testimony or comments must include the sender’s full name, mailing address, and organization or affiliation, if any. Written testimony may also be submitted by USPS to:
Office of the General Counsel, Department of Mental Health
25 Staniford Street
Boston, MA 02114.
Comments/testimony must be received by the Department NO LATER THAN February 23, 2024, at 5:00 p.m. when the Comment Period ends.

INFORMATION:
The proposed regulations are posted on the DMH website and can be viewed at: https://www.mass.gov/service-details/dmh-proposed-regulations or request a copy in writing from DMH Regulations, 25 Staniford Street, Boston, MA 02114 or email: DMH-regulations@state.ma.us. DMH may adopt a revised version of the proposed actions, taking into account relevant comments and any other practical alternatives that come to its attention.

By Order of the Department of Mental Health Brooke Doyle, Commissioner 

104 CMR 33.00: Designation and Appointment of Qualified Mental Health Professionals
Small Business Impact Statement

• Estimate of the number of small businesses subject to the proposed regulation:

  0

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. 

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. 

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. 

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.