Notices of Public Hearing (Published 04/26/2024)
Economic Development, Executive Office of
Notice of Public Comment Period For Proposed New Regulation
400 CMR 7.00 “National Guard Hiring Tax Credit”
Notice is hereby given in accordance with Massachusetts General Laws chapter 30A that the Executive Office of Economic Development (“EOED”) will hold a public comment period relative to the adoption of a new regulation, 400 CMR 7.00, entitled “National Guard Hiring Tax Credit”. (“Regulation”).
M.G.L. c. 62 § 6(aa) and c. 63 § 38KK requires the Massachusetts Office of Business Development (MOBD) to promulgate regulations related to a tax credit for employers that hire members of the Massachusetts National Guard. The Regulation sets forth criteria to qualify as an eligible employee and employer, the process to apply for and claim the tax credit, and tax credit limitations.
Written comments will be accepted from April 15, 2024 until 5:00 pm on Monday, May 6, 2024 and may be submitted via email to Robert.McGovern@mass.gov or mailed to: Robert McGovern, Executive Office of Economic Development, 1 Ashburton Place, Room 2101, Boston, MA 02108. Copies of the proposed regulations may be obtained from the EOED website available at https://www.mass.gov/doc/400-cmr-700-national-guard-hiring-tax-credit-draft-regulations/download
By Yvonne Hao
Secretary of the Executive Office of Economic Development
CMR No: 400 CMR 7.00: National Guard Hiring Tax Credit
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
None.
-
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.
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.
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Gaming Commission, Massachusetts
NOTICE OF PUBLIC HEARING
Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulation was promulgated pursuant to G.L. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulation:
205 CMR 238.00 – Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering; Specifically, 205 CMR 238.12: Reserve Requirement. This regulation is being amended to allow Operators to backup patron funds in Sports Wagering Accounts through a letter of credit, cash reserves, Segregated Account, or a combination thereof. The effect of the amendment would allow an Operator to commingle funds for use in operations where an Operator has secured patron funds through a letter of credit. However, an Operator would be required to protect patron funds through a Segregated Account or cash reserves where an Operator did not utilize a letter of credit.
Scheduled hearing date and time:
Tuesday, May 7, 2024, at 9:30 AM EST
Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.
CONFERENCE CALL NUMBER: 1-646-741-5292 PARTICIPANT CODE: 111 146 2747
A complete copy of the draft regulation referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on this regulation can email Judith.Young@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.
Comments must be received by 5:00PM EST on May 6, 2024. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.
205 CMR 238 Additional Uniform Standards of Accounting Procedures and Internal Controls For Sports Wagering
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
This regulation was promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and is authorized by G.L. c. 23N, §4. This regulation governs the internal standards to which sports wagering operators must adhere to in the provision of sports wagering in the Commonwealth, and 205 CMR 238.12 specifically details the reserve accounts required of Operators.
-
Estimate of the number of small businesses subject to the proposed regulation:
This regulation is unlikely to have an impact on small businesses.
-
State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:
There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.
-
State the appropriateness of performance standards versus design standards:
No standards applicable to small businesses are set forth. Provided standards are performance standards.
-
Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:
There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.
State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:
This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.
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Health and Human Services, Executive Office of
101 CMR 410.00 - 101 CMR 412.00 - 101 CMR 425.00
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, May 3, 2024, at the respective times listed below, relative to the adoption of amendments to the following regulations.
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 rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates in the proposed amendments to the regulations listed below are being updated to include an increase by a cost adjustment factor (CAF) of 2.58%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2024 Q2) and the prospective period of fiscal years 2025 and 2026. The 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%. This benchmark is derived from the MA Comptrollers FY24 approved rate less terminal leave and retirement. The administrative allocation has been benchmarked to 12%. The language in the severability section has also been updated for consistency across EOHHS rate regulations.
The proposed regulations contain rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.
- 9:00 a.m.: 101 CMR 410.00: Rates for Competitive Integrated Employment Services. This regulation governs the payment rates for competitive integrated employment services provided to publicly aided individuals by governmental units. These services are purchased by the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, and the Department of Transitional Assistance. The rates for these services have been updated with the weighted average expenses from the FY20 and FY22 Uniform Financial Reports for services’ programmatic costs. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.64 million, which represents an increase of 15.85% over FY23 spending of approximately $23 million.
- 9:30 a.m.: 101 CMR 412.00: Rates for Family Transitional Support Services. This regulation governs the payment rates for family transitional support services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Public Health. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.4 million, which represents an increase of 18.42% over projected FY23 spending of approximately $18.45 million.
- 10:00 a.m.: 101 CMR 425.00: Rates for Certain Young Parent Support Programs. This regulation governs the payment rates for Certain Young Parent Support Programs provided to publicly aided individuals by governmental units. These services are purchased by the Department of Transitional Assistance. The total annualized cost to state government from the proposed amendments is approximately $702,744, which represents an increase of 14.80% over FY23 spending of approximately $4.75M.
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 Friday, May 3, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered 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. To view or download related supporting materials, go to www.mass.gov/servicedetails/ 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 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.
April 12, 2024
CMR No: 101 CMR 410.00
Small Business Impact Statement
Estimate of the number of small businesses subject to the proposed regulation:
27
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 regulation is required by statute under M.G.L. Chapter 118E, Section 13D and establishes the rates to be paid by governmental units to providers of certain social service programs.
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 regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
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 or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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 rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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Health and Human Services, Executive Office of
101 CMR 412.00
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, May 3, 2024, at the respective times listed below, relative to the adoption of amendments to the following regulations.
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 rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates in the proposed amendments to the regulations listed below are being updated to include an increase by a cost adjustment factor (CAF) of 2.58%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2024 Q2) and the prospective period of fiscal years 2025 and 2026. The 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%. This benchmark is derived from the MA Comptrollers FY24 approved rate less terminal leave and retirement. The administrative allocation has been benchmarked to 12%. The language in the severability section has also been updated for consistency across EOHHS rate regulations.
The proposed regulations contain rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.
- 9:00 a.m.: 101 CMR 410.00: Rates for Competitive Integrated Employment Services. This regulation governs the payment rates for competitive integrated employment services provided to publicly aided individuals by governmental units. These services are purchased by the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, and the Department of Transitional Assistance. The rates for these services have been updated with the weighted average expenses from the FY20 and FY22 Uniform Financial Reports for services’ programmatic costs. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.64 million, which represents an increase of 15.85% over FY23 spending of approximately $23 million.
- 9:30 a.m.: 101 CMR 412.00: Rates for Family Transitional Support Services. This regulation governs the payment rates for family transitional support services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Public Health. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.4 million, which represents an increase of 18.42% over projected FY23 spending of approximately $18.45 million.
- 10:00 a.m.: 101 CMR 425.00: Rates for Certain Young Parent Support Programs. This regulation governs the payment rates for Certain Young Parent Support Programs provided to publicly aided individuals by governmental units. These services are purchased by the Department of Transitional Assistance. The total annualized cost to state government from the proposed amendments is approximately $702,744, which represents an increase of 14.80% over FY23 spending of approximately $4.75M.
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 Friday, May 3, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered 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. To view or download related supporting materials, go to www.mass.gov/servicedetails/ 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 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.
April 12, 2024
CMR No: 101 CMR 412.00
Small Business Impact Statement
Estimate of the number of small businesses subject to the proposed regulation:
34
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 regulation is required by statute under M.G.L. Chapter 118E, Section 13D and establishes the rates to be paid by governmental units to providers of certain social service programs.
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 regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
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 or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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 rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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Health and Human Services, Executive Office of
101 CMR 425.00
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, May 3, 2024, at the respective times listed below, relative to the adoption of amendments to the following regulations.
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 rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates in the proposed amendments to the regulations listed below are being updated to include an increase by a cost adjustment factor (CAF) of 2.58%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2024 Q2) and the prospective period of fiscal years 2025 and 2026. The 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%. This benchmark is derived from the MA Comptrollers FY24 approved rate less terminal leave and retirement. The administrative allocation has been benchmarked to 12%. The language in the severability section has also been updated for consistency across EOHHS rate regulations.
The proposed regulations contain rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.
- 9:00 a.m.: 101 CMR 410.00: Rates for Competitive Integrated Employment Services. This regulation governs the payment rates for competitive integrated employment services provided to publicly aided individuals by governmental units. These services are purchased by the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, and the Department of Transitional Assistance. The rates for these services have been updated with the weighted average expenses from the FY20 and FY22 Uniform Financial Reports for services’ programmatic costs. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.64 million, which represents an increase of 15.85% over FY23 spending of approximately $23 million.
- 9:30 a.m.: 101 CMR 412.00: Rates for Family Transitional Support Services. This regulation governs the payment rates for family transitional support services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Public Health. The total estimated FY25 annualized cost to state government from the proposed amendments to this regulation is approximately $3.4 million, which represents an increase of 18.42% over projected FY23 spending of approximately $18.45 million.
- 10:00 a.m.: 101 CMR 425.00: Rates for Certain Young Parent Support Programs. This regulation governs the payment rates for Certain Young Parent Support Programs provided to publicly aided individuals by governmental units. These services are purchased by the Department of Transitional Assistance. The total annualized cost to state government from the proposed amendments is approximately $702,744, which represents an increase of 14.80% over FY23 spending of approximately $4.75M.
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 Friday, May 3, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered 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. To view or download related supporting materials, go to www.mass.gov/servicedetails/ 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 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.
April 12, 2024
CMR No: 101 CMR 425.00
Small Business Impact Statement
Estimate of the number of small businesses subject to the proposed regulation:
14
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 regulation is required by statute under M.G.L. Chapter 118E, Section 13D and establishes the rates to be paid by governmental units to providers of certain social service programs.
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 regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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 rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
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