Notices of Public Hearing (Published 05/10/2024)

Gaming Commission, Massachusetts
205 CMR 3.00, 6.00 & 257.00

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 regulations were promulgated pursuant to G.L. chs. 23N, § 4, 23K, §7, and 128A § 9, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 3.00 Harness Horse Racing, specifically
205 CMR 3.12: Judges and
205 CMR 3.29: Medications and Prohibited Substances

205 CMR 3.12 is being amended to address the timing of qualifying mile requirements of race horses; and to provide Racing Judges with broader discretion to impose financial and suspension penalties – generally in non-medication instances, consistent with the recommendations of the Association of Racing Commissioners International (ARCI). Portions of 205 CMR 3.29 are being amended to clarify the discretion of racing stewards in crafting penalties for medication violations, and their ability to consider United States Trotting Association (USTA) records in addition to ARCI records.

205 CMR 6.24: Deposits 

This regulation is being amended to mirror the statutory language more closely within G.L. c. 128A, § 5C and eliminate any inconsistencies where a previous version of the regulation stated that deposits to Advance Deposit Wagering accounts could not made by credit or debit cards. 

205 CMR 257: Data Privacy 

Sections within this regulation are being amended to provide clarity surrounding Sports Wagering Operators’ ability to utilize Personally Identifiable Information and Confidential Information for legitimate business purposes including permissible advertising to patrons. Amendments include: clarifications surrounding patron consent for categories of permissible uses; the use of algorithms; the use of individuated data to address responsible gaming issues; and clarifying language that an Operator’s data privacy policy should not include information that may make the Operator’s data privacy program vulnerable to attack.

Scheduled hearing date and time: Tuesday, May 21, 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: 112 314 5180   PASSCODE: 417383

A complete copy of the draft regulations 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 these regulations 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 5:00 PM EST on May 20, 2024. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.

205 CMR 3.00 Harness Horse Racing, sections 3.12 Judges and 3.29 Medications and Prohibited Substances.
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed adoption of 205 CMR 3.00 Harness Horse Racing, specifically sections 3.12 Judges and 3.29 Medications and Prohibited Substances.

These regulations are being promulgated as part of the process of updating regulations governing live racing in the Commonwealth. Specifically, they extend the amount of time that horses have to show a satisfactory racing line and update the range of racing penalties available to racing judges, and updating penalty regulations speaking to multiple medication positives.

The proposed amendments to 205 CMR 3.12(7) and (20) apply to prospective and current race track operators and those participating in racing in the Commonwealth. 205 CMR 3.29(2)(f) applies to standardbred trainers whose horses test positive for multiple medications. 205 CMR 3.29(2A)(d) clarifies what judges will reference for a trainer’s past record of violations. Accordingly, this regulation may have an impact on small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:

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

  Small businesses that own or race horses or employ trainers may be subject to these regulatory changes but it would be a relatively small number of businesses compared to the total number of small businesses in the Commonwealth.

• 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. This regulation clarifies penalties surrounding multiple medication positives in standardbred racehorses.

• State the appropriateness of performance standards versus design standards:

  The standards set forth are process focused, akin to design 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:

  These regulatory changes are unlikely to encourage or deter the formation of new business in the Commonwealth.

205 CMR 6.24, DEPOSITS
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed adoption of 205 CMR 6.24, DEPOSITS.

This regulation is being promulgated as part of the process of updating regulations governing live racing in the Commonwealth. Specifically, it sets forth the depositing process for betting accounts with racing meeting licensees.

The proposed 205 CMR 6.24 applies to prospective and current race track operators, individual bettors and credit card / debit card companies. Accordingly, this regulation is unlikely to have an impact on small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:

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

  None.

• 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. This regulation governs prospective and current race track operators, individual bettors and credit card / debit card companies, none of which will be or are small businesses.

• State the appropriateness of performance standards versus design standards:

  The standards set forth are process focused, akin to design 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 regulation, which clarifies the deposit process for betting accounts with racing meeting licensees, will support the formation of small businesses supporting race track operations in the Commonwealth.

205 CMR 257 SPORTS WAGERING DATA PRIVACY
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendments to 205 CMR 257 SPORTS WAGERING DATA PRIVACY.

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. It governs the use, protection and retention of patron data by Sports Wagering Operators.

This regulation is unlikely to have an impact on small businesses as it governs the behavior of Sports Wagering Operators who are not small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:

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

  None.

• 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.

Health and Human Services, Executive Office of 
101 CMR 343.00 - 101 CMR 358.00

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 Monday, May 20, 2024 at 11:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 343.00: Rates for Hospice Services
The proposed regulation contains rates effective for dates of service on or after October 1, 2023. There is no fiscal impact on cities and towns.

Pursuant to M.G.L. c. 118E, s. 13D, the Executive Office of Health and Human Services (EOHHS) is required to biennially establish rates for non-institutional health care services, which includes hospice services provided under the MassHealth program. Additionally, the Centers for Medicare & Medicaid Services (CMS) annually sets the minimum Medicaid hospice rates, which are to be effective on October 1 of each year, and which EOHHS uses as the base rates. 

EOHHS has reviewed CMS’ Hospice Wage Index and Payment Rate Update for Federal FY 2024 and has applied CMS methodology to the previous rate period for MassHealth Hospice rates. The percentage change in individual rates between the previous rate period ending September 30, 2023, and this year range from 1.84% to 5.03% for both compliant and noncompliant rates. 

Pursuant to 101 CMR 343.04(3)(b), the rates for hospice services were previously updated via Administrative Bulletin 24-05, and in accordance with CMS-required changes to these rates. The estimated aggregate annual fiscal impact for MassHealth is an increase of $183,597 (2.84%), assuming all providers are compliant, and $182,853 (2.88%), assuming all providers are noncompliant. 

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-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 May 20, 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/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. 

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 26, 2024

Health and Human Services, Executive Office of|
101 CMR 358.00

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 Monday, May 20, 2024, at 9:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 358.00: Rates for Applied Behavior Analysis
The proposed regulation contains rates effective for dates of service on or after October 1, 2024. There is no fiscal impact on cities and towns.

Under M.G.L. Chapter 118E, Section 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 non-institutional health care services, including rates of payment for applied behavior analysis (ABA) services. EOHHS performed a review of the payment rates set forth in 101 CMR 358.00 and proposes to maintain the current rates established within the regulation. ABA services are an array of home and community-based services for MassHealth members younger than 21 years of age with a diagnosis of autism spectrum disorder.

It is estimated that annual aggregate MassHealth expenditures will not change as a result of the proposed amendments. The amendments are not anticipated to impose new costs on small businesses, and any impact on small business providers will vary based on the volume of services provided.

EOHHS is making these changes, subject to federal approval, to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities, and to ensure that payment rates are consistent with efficiency, economy, and quality of care.

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-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 May 20, 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/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. 

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 29, 2024

CMR No: 101 CMR 343.00
Small Business Impact Statement

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

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

  40

• 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. Small businesses are not required by 101 CMR 358.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for applied behavior analysis services.

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

  No. 101 CMR 358.00 does not require small businesses to hire additional employees to remain in compliance.

• 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 to accomplish the regulatory objective of establishing rates for EOHHS health care services as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.

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

  No. There are no other regulations that duplicate or conflict with the proposed regulation.

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

  Yes. Per the Center for Health Information and Analysis (CHIA) regulation 957 CMR 6.00, hospice providers are Type III and hospice providers are required to file cost-related data only upon request. Additionally, Medicare requires hospice providers to file quality related data.

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

  No. 101 CMR 358.00 does not require small businesses to provide educational services to keep up to date with regulatory requirements.

• 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 to be paid for hospice services under the MassHealth program.

• 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 to be paid for hospice services under the MassHealth program.

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

  No. The regulation contains requirements to report cost data to CHIA. This cost-reporting requirement is applied uniformly to all hospice service 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 CHIA. This time frame for cost reporting is applied uniformly to all hospice 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 date to CHIA is applied uniformly to all hospice providers.

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

  No. M.G.L. c. 118E, s. 13D, requires EOHHS to biennially establish rates for noninstitutional health care services via regulation. Additionally, CMS annually sets the minimum rates for Medicaid hospice services, to be effective October 1 of each year. The proposed amendments to this regulation are in accordance with these requirements.

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

  No. M.G.L. c. 118E, s. 13D, requires EOHHS to biennially establish rates for noninstitutional health care services via regulation. Additionally, CMS annually sets the minimum rates for Medicaid hospice services, to be effective October 1 of each year. The proposed amendments to this regulation are in accordance with these requirements.

CMR No: 101 CMR 358.00: Rates for Applied Behavior Analysis
Small Business Impact Statement

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

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

  165

• 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. Small businesses are not required by 101 CMR 358.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for applied behavior analysis services.

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

  No. 101 CMR 358.00 does not require small businesses to hire additional employees to remain in compliance.

• 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 to accomplish the regulatory objective of establishing rates for EOHHS health care services as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.

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

  No. There are no other regulations that duplicate or conflict with the proposed regulation.

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

  Yes. This regulation uniformly requires all providers to periodically file cost data.

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

  No. 101 CMR 358.00 does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses as this proposed regulation establishes uniform governmental rates of payment for applied behavioral analysis.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes uniform governmental rates of payment for applied behavior analysis.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. The proposed regulation does not distinguish between small and other businesses.

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

  No. Distinguishing between small and other businesses would not be practicable to implement the proposed regulation.

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

  No. The proposed regulation does not have an adverse impact on small businesses.

Marine Fisheries, Division of
322 CMR 6.00

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD:

Recreational Fishing Rules For 2024 Affecting Fishing Limits For Black Sea Bass, Scup, Summer Flounder, Cod, And Haddock And The Filleting Of Striped Bass

Pursuant to the authority found at G.L. c. 30A, §2 and G.L. c. 130, §§17, 17A, 21, and 104, the Division of Marine Fisheries (DMF) is taking public comment on a series of recently adopted emergency regulations and draft regulatory proposals to adjust recreational fishing rules at 322 CMR 6.00.

Striped Bass (322 CMR 6.07). DMF seeks public comment on emergency regulations that update state rules governing the at-sea and shore-side filleting of recreational striped bass for improved enforceability and consistency with recent revisions to the Interstate Fishery Management Plan. This includes:

1. Clarifying that striped bass retained by shore anglers or anglers onboard a private vessel are to be kept whole with head and tail intact—except for evisceration (gutting), bleeding, or scaling— while on the waters under the jurisdiction of the Commonwealth or any adjacent parcel of land, structure, parking lot, or portion of roadway. An exemption is being accommodated for striped bass that are being processed for immediate consumption (e.g., cooking at a shore-side camp).
2. Modifying the existing for-hire filleting allowance so for-hire operators or crew may fillet striped bass for their patrons provided: (a) filleting occurs prior to the patrons departing the vessel; (b) the racks are retained by the for-hire operator in a manner that does not interfere with measurement until such a time as the vessel has docked and all customers from that trip have departed the vessel; and (c) no more than two fillets per customer are possessed and each fillet has at least two inches of skin intact.

Summer Flounder Limits (322 CMR 6.22). DMF seeks public comment on emergency regulations that set the 2024 and 2025 recreational summer flounder limits as necessary to achieve an Interstate Fishery Management Plan mandated 28% reduction in harvest. This results in an open fishing season of May 24 – September 23 and a 5-fish bag limit for all angler modes. The minimum size is 17.5” for vessel-based anglers and 16.5” for shore-based anglers.

Scup Limits (322 CMR 6.27). DMF seeks public comment on emergency regulations that set the 2024 and 2025 recreational scup limits as necessary to achieve an Interstate Fishery Management Plan mandated 10% reduction in harvest. This results in an open fishing season of May 1 – December 31 for all angler modes. The bag limit is 30-fish per angler, except anglers onboard for-hire vessels may retain 40-fish each during May 1 – June 30 and anglers onboard private vessels are subject to a 150-fish vessel limit if five or more anglers are fishing. The minimum size is 11” for vessel-based anglers and 9.5” for shore anglers. 

Black Sea Bass (322 CMR 6.28). DMF seeks public comment on emergency regulations that set the 2024 recreational black sea bass limits to allow the fishery to continue to open on the third Saturday of May (without increasing projected harvest, as mandated by the Interstate Fishery Management Plan). This results in a May 18 – September 3 open fishing season, 4-fish bag limit, and 16.5” minimum size for all angler modes.

Gulf of Maine Cod (322 CMR 6.03). DMF seeks public comment on draft regulations to match final federal regulations for 2024. At present, the New England Fishery Management Council has recommended NOAA Fisheries adopt an open season of September 1 – October 31 with a 1-fish bag limit, and a 23” minimum size for all angler modes.

Gulf of Maine Haddock (322 CMR 6.03). DMF seeks public comment on draft regulations to match final federal regulations for 2024. At present, the New England Fishery Management Council has recommended NOAA Fisheries adopt an open season of April 1 – February 28 with a 15-fish bag limit, and an 18” minimum size for all angler modes.

A public hearing has been scheduled for Monday, May 20, 2024 at 6 PM via Zoom. Please register here. Additionally, DMF will accept written public comment through 8 PM on Monday, May 20, 2024. Please submit written comments to Director Daniel McKiernan by e-mail (marine.fish@mass.gov). For more information, please visit our proposed regulations website.

CMR No: 322 CMR 6.00
Small Business Impact Statement

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

  There were 828 for-hire permit holders in Massachusetts in 2022 and they may be affected by adjustments to recreational fishing regulations.

• 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.)

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

• 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. All audits and inspections are done in accordance with M.G.L. c. 130. No additional inspections are required under this emergency amendment.

• 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?

  Recreational fishing limits are one of a number of limiting factors that may impact the formation of new for-hire fishing businesses in Massachusetts. Accordingly, this action alone does not discourage the formation of new for-hire businesses.

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

  Recreational fishing limits are one of a number of limiting factors that may impact the formation of new for-hire fishing businesses in Massachusetts. Accordingly, this action alone will not encourage the formation of new for-hire businesses.

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

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

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

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

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

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

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

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

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

  Not applicable. The prescribed regulations are required by and designed to complement federal and interstate mandates and thereby comply with federal law at 16 U.S.C. 1856 and 16 U.S.C. 5100.

Medical Assistance, Division of
130 CMR 414.000 - 130 CMR 438.000

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 May 17, 2024, at 2:00 p.m. relative to the adoption of amendments to the following regulation.

 130 CMR 414.000: Independent Nurse

The proposed amendments to 130 CMR 414.000 clarify and reorganize sections of the regulation and add requirements for independent nurse providers, including recordkeeping, incident and accident reports, prior authorizations, overtime allowances, limit of hours, a continuous skilled nursing (CSN) high-tech rate add-on, provision of CSN services out of state, and prohibitions on marketing activities.

The proposed regulation is planned to go into effect no sooner than August 30, 2024. There is no fiscal impact on cities and towns. 

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-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 masshealthpublicnotice@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 May 17, 2024. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the current draft of the proposed 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. 

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 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/masshealthpublic-hearings.

April 26, 2024 

CMR No: 130 CMR 414.000
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.