Notice of Public Hearing (Published 6/23/2023)
Massachusetts Gaming Commission
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. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulations:
205 CMR 222.00 – Capital Investment and Monitoring of Project Construction.
This regulation sets forth how the Commission will oversee and assess the construction of retail, Category 2 sports wagering facilities. It also sets forth how the Commission will assess whether operators have met the required expenditure in accordance with G.L. c. 23N, § 3.
205 CMR 239.00 – Continuing Disclosure and Reporting Obligations of Sports Wagering Licensees.
This regulation governs the reporting obligations imposed upon sports wagering licensees.
205 CMR 256.00 – Sports Wagering Advertising, specifically, 256.01 -Third Parties.
This regulation governs the requirements with respect to sports wagering advertisements, and 205 CMR 256.01 specifically governs agreements between sports wagering operators and third parties.
Scheduled Hearing date and time: Tuesday, July 11, 2023, at 9:15 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: 111 468 1918
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 5:00PM EST on July 10, 2023.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 below.
CMR No: 205 CMR 222
The Massachusetts Gaming Commission ("Commission") hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed amendment of 205 CMR 222 CAPITAL INVESTMENT AND MONITORING OF PROJECT CONSTRUCTION.
This regulation is being promulgated as part of the process of promulgating regulations governing sports wagering in the Commonwealth. It sets forth the required disclosure and reporting obligations for Category 2 sports wagering operators as they construct sports wagering facilities.
The proposed 205 CMR 222 applies to potential sports wagering operators and the Commission. 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 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. This regulation governs sports wagering operators and gaming licensees. - State the appropriateness of performance standards versus design standards:
The standards set forth are compliance requirements, akin to 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 regulation, which gives the Commission oversight over and the chance to weigh in on how sports wagering operators are procuring design and construction services for capital projects, will support the formation of small businesses in the Commonwealth.
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Executive Office of Health and Human Services
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, June 30, 2023, at 10 a.m. relative to the emergency adoption of amendments to the following regulation.
101 CMR 206.00: Standard Payments to Nursing Facilities
The proposed amendments to 101 CMR 206.00 are intended to implement a policy change to the methodology of the COVID Preparedness Payments under 101 CMR 206.10(18). The new methodology creates two groups based on two different thresholds. The available funds will be divided among the two groups as follows: a nursing facility in the group that meets the higher threshold will receive up to 3x the payment than a nursing facility in the group that meets the lower threshold.
In addition, these updates to 101 CMR 206.10(4) explicitly codify the end of COVID-19 Testing Supplemental Payments as of April 30, 2023, in line with DPH and CDC public health guidance.
The regulation will go into effect as an emergency on May 31, 2023. There is no fiscal impact as a result of these 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 Friday, June 30, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care.
To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice- 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 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.
CMR No: 101 CMR 206.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
Estimate of the Number of Small Businesses Impacted by the Regulation:
SBA database searches conducted according to the instructions in the Overview and Guidelines section of this document returned 28 results for NAICS code 623110 (“Nursing Care Facilities”) and no results for 623311 (“Continuing Care Retirement Communities”).
Will small businesses have to create, file, or issue additional reports?
No. The amendment to the regulation does not require nursing facilities to create, file, or issue additional reports.
Will small businesses have to implement additional recordkeeping procedures?
No. The amendment to the regulation does not require small businesses to implement additional recordkeeping procedures.
Will small businesses have to provide additional administrative oversight?
No. The regulation does not require additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Compliance does not require hiring additional employees.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. Compliance does not require hiring other professionals.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. The regulation does not require purchases or capital investments.
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.Do any other regulations duplicate or conflict with the proposed regulation?
No other regulations duplicate or conflict with the proposed regulation.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulation requires all nursing facilities to comply with audits, but this is not a new requirement, and the amendments do not change the audit provisions of the regulation.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The regulation 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 updates the methodology of the already existing COVID Preparedness Payments for nursing facilities in Massachusetts and is unlikely to encourage or deter the formation of small businesses.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation updates the methodology of the already existing COVID Preparedness Payments nursing facilities in Massachusetts and is unlikely to encourage or deter the formation of small businesses.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The 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 regulation does not distinguish between small and other businesses.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The 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 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. No. EOHHS must amend the regulations in order to implement a policy change.
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Executive Office of Health and Human Services
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, July 7, 2023, at 11 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 323.00: Rates for Hearing Services
The proposed regulation contains rates effective for dates of service on or after November 1, 2023. 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 hearing services. EOHHS performed a review of the payment rates set forth in 101 CMR 323.00 and proposes to increase certain hearing services rates by a prospective cost adjustment factor (CAF) of 2.71%. For hearing services that currently have rates established as adjusted acquisition cost (AAC) plus mark-up, the mark-up will be increased by 2.71%. Dispensing fees covered under the regulation will be increased by an additional 5% administrative adjustment. Certain bone-anchored hearing aid (BAHA) services (procedure codes L8691, L8693, and L8694) will be set at 100% of the corresponding Medicare January 2023 rates. The rate for the remaining BAHA service (procedure code L8692) will be set at individual consideration (I.C.). All other rates are proposed to remain at their current levels.
The estimated aggregate annual fiscal impact of the proposed amendments is $212,000. 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-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 July 7, 2023. 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) 847-3468 (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.
101 CMR 323.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
Estimate of the Number of Small Businesses Impacted by the Regulation:
61 hearing instrument specialists, 144 audiologists, and 24 acute outpatient hospitals in Massachusetts providing hearing services.
Will small businesses have to create, file, or issue additional reports?
No. Small businesses will not have to create, file, or issue additional reports.
Will small businesses have to implement additional recordkeeping procedures?
No. Small businesses will not have to implement additional recordkeeping procedures.
Will small businesses have to provide additional administrative oversight?
No. Small businesses will not have to provide additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Small businesses will not have to hire additional employees in order to comply with the proposed regulation.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. Small businesses are not required to hire other professionals to comply with the regulation.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. Small businesses are not required to purchase a product or make any other capital investments in order to comply with the regulation.
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 MGL Chapter 118E Section 13C and establishes the rates to be paid by governmental units to providers of non-institutional health care services.Do any other regulations duplicate or conflict with the proposed regulation?
No. No other regulations duplicate or conflict with the proposed regulation.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulation continues to require providers to periodically comply with audits, inspections, and other regulatory activities.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The regulatory amendments do not require small businesses to provide educational services to keep up with regulatory requirements.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for hearing 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 regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for hearing 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. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The regulation establishes uniform conditions of payment for the provision of services to publicly aided individuals. These requirements are applied uniformly to maintain consistency in the care provided to publicly aided individuals.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
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 and governs payments for hearing services provided to publicly aided individuals and is applied uniformly among providers.
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Commonwealth of Massachusetts Executive Office of Health and Human Services
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 Thursday, July 13, 2023, at 11 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 355.00: Rates for Freestanding Birth Center Services
The proposed regulations would establish procedures for members of the public to request that the Commission issue regulations or advisory opinions, and for the Commission to do so. They would outline a petitioning process, prescribe steps for Commission personnel to take in response to petitions, detail the effect that advisory opinions would have, and preserve the Commission’s ability to take action in the absence of a petition.
The proposed regulation contains rates effective for dates of service on or after November 1, 2023. There is no fiscal impact on cities and towns.
Under M.G.L. c. 118E, s. 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 freestanding birth center services. The proposed amendments maintain the current methodology, which utilizes the acute hospital Adjudicated Payment Amount per Discharge (APAD) and adjusts the rates for each service by case-mix weights for the lowest severity of illness (SOI) levels, but they update the data sources to reflect the applicable components used in calculating the RY2022 acute hospital APAD under the acute hospital Request for Application (RFA), as well as updated case-mix weights. The proposed amendments also apply a retrospective cost adjustment factor (CAF) of 7.53% to the malpractice add-on to inflate the rate to current and the two-year prospective rate period.
The estimated aggregate annual fiscal impact of the proposed amendments is $14,000. 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-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 July 13, 2023. 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- 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.
CMR No: 101 CMR 355.00: Rates for Freestanding Birth Center 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 is currently one MassHealth enrolled freestanding birth center (FBC) paid at the rates set in 101 CMR 355.00.Will small businesses have to create, file, or issue additional reports?
No. The proposed amendments will not require small businesses to create, file, or issue additional reports.
Will small businesses have to implement additional recordkeeping procedures?
No. The proposed amendments will not require small businesses to implement additional recordkeeping procedures.
Will small businesses have to provide additional administrative oversight?
No. The proposed amendments will not require small businesses to provide additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. The proposed amendments will not require small businesses to hire additional employees in order to comply with the proposed regulation.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. The proposed amendments will not require small businesses to hire other professionals to comply with the regulation.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. The proposed amendments will not require small businesses to purchase a product or make any other capital investments in order to comply with the regulation.
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 13C, and establishes the rates to be paid by governmental units to providers of noninstitutional health care services.Do any other regulations duplicate or conflict with the proposed regulation?
No. No other regulations duplicate or conflict with the proposed regulation.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. The proposed amendments do not require providers to periodically comply with audits, inspections, and other regulatory activities.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The proposed amendments do not require small businesses to provide educational services to keep up with regulatory requirements.
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 freestanding birth center (FBC) 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 are unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for FBC 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. The 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 regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether the provider is a small business.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether the provider is a small business.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The regulation establishes uniform conditions of payment for the provision of FBC services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.
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 and governs payments for FBC services provided to publicly aided individuals and is applied uniformly regardless of whether the provider is a small business.
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Commonwealth of Massachusetts Executive Office of Health and Human Services
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, July 7, 2023, at 9:30 a.m. relative to the proposed repeal of the following regulation.
101 CMR 453.00: Enhanced Rates for Certain Home- and Community-based Services Related to Section 9817 of the American Rescue Plan Act
There is no fiscal impact on cities and towns.
101 CMR 453.00 will be repealed effective July 1, 2023. Beginning July 1, 2023, the rates for all services described in 101 CMR 453.00 will revert to the applicable rates set forth in the corresponding “parent” rate regulation for each service.
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 Friday, July 7, 2023. EOHHS specifically invites comments as to how the repeal may affect beneficiary access to care for MassHealth-covered services.
To review the proposed repeal, go to www.mass.gov/service-details/executive-office-of-health-andhuman- 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/service-details/proposed-regulations-supporting-materials.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-humanservices- public-hearings.
CMR No: 101 CMR 453.00: Enhanced Rates for Certain Home- and Community-based Services
Related to Section 9817of the American Rescue Plan Act
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:
Approximately 1,400 providersWill small businesses have to create, file, or issue additional reports?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
Will small businesses have to implement additional recordkeeping procedures?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
Will small businesses have to provide additional administrative oversight?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. As the regulation is proposed to be rescinded, small businesses are not affected by this action.
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. As the regulation is proposed to be rescinded, small businesses are not affected by this action.Do any other regulations duplicate or conflict with the proposed regulation?
No. N/A. The regulation is proposed to be rescinded.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. N/A. The regulation is proposed to be rescinded.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. N/A. The regulation is proposed to be rescinded.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. N/A. The regulation is proposed to be rescinded.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. N/A. The regulation is proposed to be rescinded..
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. N/A. The regulation is proposed to be rescinded.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. N/A. The regulation is proposed to be rescinded.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. N/A. The regulation is proposed to be rescinded.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. N/A. The regulation is proposed to be rescinded.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. N/A. The regulation is proposed to be rescinded.