Notices of Public Hearing (Published 04/12/2024)
Health and Human Services, Executive office of
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, April 19, 2024, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 320.00: Rates for Clinical Laboratory Services
The proposed regulation contains rates effective for dates of service on or after September 1, 2024. There is no fiscal impact on cities and towns.
Pursuant to M.G.L. Chapter 118E, Sections 13C and 13D, the Executive Office of Health and Human Services (EOHHS) is required to establish and periodically review the rates to be paid by governmental units for noninstitutional health care services, including rates of payment for independent clinical laboratory services, provided under the MassHealth program.
The proposed amendments, effective September 1, 2024, are as follows:
- Most rates are proposed to be updated to 88.19% of the corresponding 2023 Medicare rates;
- Rates for codes that do not have corresponding 2023 Medicare rates will be increased by a two-year prospective cost adjustment factor (CAF) of 2.73%;
- Rates for Automated Test Panel (ATP) codes, which have bundled rates for sets of codes, will also be increased by a CAF of 2.73%;
- Rate for code 81528 (Cologuard) (multi-target stool DNA-based colorectal screening) is proposed at $262.58, which is the same as the non-facility rate proposed, effective May 1, 2024, for colonoscopy code 45378 (diagnostic colonoscopy without intervention) in 101 CMR 316.00: Rates for Surgery and Anesthesia Services;
- Rates for COVID-19 testing codes are set to 100% of the corresponding 2023 Medicare rates. If no 2023 Medicare rate is available for a COVID-19 code, its rate is held constant to the existing rate in 101 CMR 320.00;
- Codes currently designated as individual consideration (I.C.) will continue to be priced using I.C.;
- All other rates are proposed to remain at their current levels; and
- The proposed amendments also give EOHHS the authority to issue administrative bulletins announcing selective contracts and/or rebate agreements with clinical laboratory vendors.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-humanservices- 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 April 19, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealthcovered services.
To review the current draft of the proposed regulation, go to www.mass.gov/servicedetails/ 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.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3788 (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 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/executiveoffice- of-health-and-human-services-public-hearings.
March 29, 2024
CMR No: 101 CMR 320.00: Rates for Clinical Laboratory Services
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:
There are currently 119 providers enrolled as independent clinical laboratories in the MassHealth network.
-
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?
No. M.G.L. c. 118E §§ 13C and 13D require EOHHS to establish and periodically review rates to be paid by governmental units for noninstitutional health care services, including clinical laboratory 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?
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. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for clinical laboratory services provided to publicly aided individuals and is applied uniformly among providers.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed amendments to the regulation are unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for clinical laboratory services provided to publicly aided individuals and is applied uniformly among providers.
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. Distinguishing small businesses from other businesses would not be practical to implement the proposed regulation.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
Health and Human Services, Executive office of
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, April 26, 2024, at 11:00 a.m., relative to the emergency adoption of amendments to the following regulation.
101 CMR 613.00: Health Safety Net Eligible Services
The regulation will go into effect as an emergency on April 1, 2024. There is no fiscal impact on cities and towns. The proposed amendments are expected to increase annual aggregate Health Safety Net (HSN) expenditures by approximately $700,000.
These proposed amendments will eliminate all copayments for HSN patients. These copayments had been temporarily eliminated through March 31, 2024; the amendments will eliminate copayments permanently. This will promote access to prescription drugs for HSN patients.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-humanservices- 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 April 26, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for covered services.
To review the emergency regulation, go to www.mass.gov/servicedetails/ 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.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3788 (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 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/executiveoffice- of-health-and-human-services-public-hearings.
March 29, 2024
CMR No: 101 CMR 613.00: Health Safety Net Eligible Services
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:
250
-
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. Performance standards are not more appropriate than design or operational standards, because the regulatory amendments will eliminate copayments.
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. The regulation specifies consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses. The same effective date applies across the board.
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.
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Medical Assistance, Division of
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, April 26, 2024, at 10:00 a.m., relative to the emergency adoption of amendments to the following regulations.
130 CMR 506.000: Health Care Reform: MassHealth: Financial Requirements
130 CMR 520.000: MassHealth: Financial Eligibility
130 CMR 450.000: Administrative and Billing Regulations
The regulatory changes will go into effect as an emergency on April 1, 2024. The proposed amendments are expected to increase annual aggregate MassHealth expenditures by approximately $4,800,000. There is no fiscal impact on cities and towns.
These proposed amendments will eliminate all copayments for MassHealth members. These copayments had been temporarily eliminated through March 31, 2024; the amendments will eliminate copayments permanently. This will promote access to prescription drugs for MassHealth members, as well as ensuring full payment for providers.
EOHHS will file a state plan amendment to implement these changes, and the public may comment on the state plan amendment as well as the regulatory amendments.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-humanservices- 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 April 26, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for covered services.
To review the emergency regulation, go to www.mass.gov/servicedetails/ 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.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3788 (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/executiveoffice- of-health-and-human-services-public-hearings.
March 29, 2024
CMR No: 130 CMR 450.000: Administrative and Billing Regulations
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:
250
-
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. Performance standards are not more appropriate than design or operational standards, because the regulatory amendments will eliminate copayments.
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. The proposed amendments to this regulation do not concern audits, inspections, or other regulatory enforcement activities. However, MassHealth administrative and billing regulations continue to require that providers cooperate with audits, inspections, or other regulatory enforcement activities.
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. The regulation specifies consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses. The same effective date applies across the board.
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. Distinguishing small businesses from other businesses would not be practicable for this regulation.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
CMR No: 130 CMR 506.000: Health Care Reform: MassHealth: Financial Requirements
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:
250
-
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. Performance standards are not more appropriate than design or operational standards, because the regulatory amendments will eliminate copayments.
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. The proposed amendments to this regulation do not concern audits, inspections, or other regulatory enforcement activities. However, MassHealth administrative and billing regulations continue to require that providers cooperate with audits, inspections, or other regulatory enforcement activities.
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. The regulation specifies consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses. The same effective date applies across the board.
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. Distinguishing small businesses from other businesses would not be practicable for this regulation.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
CMR No: 130 CMR 520.000: MassHealth: Financial Eligibility
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:
250
-
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. Performance standards are not more appropriate than design or operational standards, because the regulatory amendments will eliminate copayments.
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. The proposed amendments to this regulation do not concern audits, inspections, or other regulatory enforcement activities. However, MassHealth administrative and billing regulations continue to require that providers cooperate with audits, inspections, or other regulatory enforcement activities.
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. The regulation specifies consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses. The same effective date applies across the board.
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. Distinguishing small businesses from other businesses would not be practicable for this regulation.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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Water Resource Authority, Massachusetts
360 CMR 10.000
PUBLIC NOTICE
The Massachusetts Water Resources Authority (MWRA), pursuant to its authority under St. 1984, c.372, §§ 6 and 8, as amended, and in accordance with M.G.L. c. 30A, will hold a public hearing on proposed amendments to its Sewer Use Regulations, 360 CMR 10.000. These proposed amendments:
- Incorporate changes required by the U.S. Environmental Protection Agency (EPA) to bring MWRA's Sewer Use Regulations in conformance with EPA's Pretreatment regulations; and
- Increase annual charges paid by permit holders.
All persons desiring to provide oral testimony are hereby notified to appear at 10:00 am on Friday, May 3, 2024, at the MWRA, 2 Griffin Way, Chelsea, Massachusetts 02150.
MWRA will accept oral and written comments at the hearing. In addition, MWRA will accept written comments until 5:00 pm on Friday, May 10, 2024, by mail or hand delivery to:
or by e-mail to: TRAC@mwra.com.
An electronic copy of the proposed amendments has been posted to MWRA's website: https://www.mwra.corn/trac/2024/proposedamendments.html. An electronic copy of the proposed amendments may be requested by sending an e-mail to TRAC@mwra.com.
April 12, 2024: Boston Globe and Worcester Telegram and Telegraph
April 12, 2024: Massachusetts Register
CMR No: 360 CMR 10.000
Small Business Impact Statement
Estimate of the number of small businesses subject to the proposed regulation:
2,241
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 regulations use performance standards where appropriate- including for the bulk of the small businesses covered under these regulations. The Authority is required, pursuant to the federal National Pretreatment Regulations (40 CFR 403.8) and the Authority's NPDES permits for the Deer Island Wastewater Treatment Plant (#MA0103284) and the Clinton Wastewater Treatment Plant (#MAG590033) to have regulations in place for our IPP with specific requirements for some industry types.
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. The proposed amendment does require all permitted industries to comply with audits, inspections, and other enforcement activities.
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. The proposed amendment does not change any compliance or reporting requirements for small businesses. Most of the small businesses impacted by these regulations are required to meet performance standards.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The proposed amendment does not allow for less stringent schedules for deadlines for small businesses. Schedules and deadlines are driven by federal and state requirements and vary by permit type.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposed amendment does not consolidate or simplify compliance or reporting for small businesses. Reporting requirements are dependent on permit type; many small businesses impacted by these regulations are required to meet performance standards.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. These regulations include performance/operational standards for many business types. Most of the small businesses impacted by these regulations will need to meet specific operational standards according to the type of permit issued.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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