Notices of Public Hearing (Published 07/05/2024)
Health and Human Services, Executive Office of
101 CMR 420.00 & 451.00
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 two remote public hearings on Friday, July 12, 2024, at the respective times listed below, relative to the adoption of amendments to the following regulations.
1. 9:00 a.m.: 101 CMR 451.00: Rates for Certain Youth and Children Services
The proposed regulation contains rates effective for dates of service on or after January 1, 2025. There is no fiscal impact on cities and towns.
101 CMR 451.00 governs payment rates for certain youth and children services purchased by a governmental unit including, but not limited to, the Department of Children and Families (DCF).
In accordance with the requirements set forth in M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), the proposed regulation contains rates for reorganized support and stabilization services. These rates are based on updated model budgets and contain a cost adjustment factor (CAF) of 2.66%. Salary benchmarks are derived from the Bureau of Labor Statistics (BLS) median salary, May 2022 edition at the 53rd percentile. 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, Q4) and the prospective calendar year 2025, Q1 through calendar year 2026, Q4. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%.
These reorganized support and stabilization services will be sought to be purchased by the Massachusetts Department of Children and Families (DCF) in an upcoming procurement. The current annual spending for support and stabilization services is approximately $161 million to $167 million, depending on utilization. The upcoming procurement and rates for the reorganized support and stabilization services will result in an estimated increase in spending of $17.5 million, depending on utilization.
2. 10:00 a.m.: 101 CMR 420.00: Rates for Adult Long-term Residential Services
The proposed regulation contains rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.
101 CMR 420.00 governs payment rates for adult long-term residential services provided to publicly aided individuals by governmental units. Services with rates established by this regulation are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), and the Massachusetts Rehabilitation Commission (MRC). Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review the rates to be paid by governmental units for social service programs, which includes adult long-term residential services. In accordance with this requirement, the rates for adult long-term residential services 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. 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. Administrative allocation has been benchmarked to 12%, which is the standard rate applied across all Chapter 257 regulations. A new service model has been added to deliver additional supports using specialized behavioral staff. A new service has also been added for an off-site direct service provider that monitors and responds to individuals’ needs using live communications and non-invasive monitoring technologies. The language in the Severability section has also been updated for consistency across EOHHS rate regulations.
The total annualized cost to state government from the proposed amendments to this regulation is approximately $328.9 million, which represents an increase of 20.03% over FY23 spending of approximately $1.62 billion on these services. Of this amount, the estimated annualized cost to DDS is $322,358,464; the estimated annualized cost to MCB is $1,709,206; and the estimated annualized cost to MRC is $4,800,841. The increase in spending in FY25 will be covered through the Chapter 257 Reserve Account. In addition to the fiscal impact described above, the purchasing agency expects the specialized behavioral residential sites to begin operating in the next two years with an upper fiscal impact to be $12 million within that timeframe, but such fiscal impact is an estimate given this new program and spending may be less depending on actual utilization. Any spending related to such specialized behavioral residential sites would be paid through the purchasing agency's operating budget.
To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings 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 12, 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/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from:
MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171.
To view or download related supporting materials, go to www.mass.gov/infodetails/ 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.
June 21, 2024
CMR No: 101 CMR 420
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:
200.
-
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.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation 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. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely 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.
CMR No: 101 CMR 451.00
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:
Unknown until after procurement.
-
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. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely 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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Labor Standards, Department of
454 CMR 25.00
The Massachusetts Department of Labor Standards (DLS) is proposing amendments to 454 CMR 25, which was promulgated by DLS to provide public-sector employees safe and healthful work environments free from recognized hazards that may cause serious injury, physical harm, or death. The proposed changes are designed to adopt recent upgrades to federal safety requirements and clarify DLS’ procedures. A public hearing regarding these proposed amendments will be held on July 23rd at 10am via WebEx. Please contact DLS General Counsel Nick Rose at nicholas.w.rose@mass.gov to obtain a copy of the proposed regulation, to receive a link to the public hearing, and/or to submit written comments concerning the proposed amendments. Written comments must be submitted via email by July 26, 2024 at 5pm.
CMR No: 454 CMR 25.00
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:
0
-
Will small businesses have to create, file, or issue additional reports?
No. The proposed changes only affect public sector and quasi-public employers. DLS’ understanding is that under G.L. c. 30A, §1(5A), a small business must be “independently owned and operated.” Additionally, the definition of “small business” promulgated by the United States Small Business Administration appears to include a requirement that the business be “organized for profit.”
-
Will small businesses have to implement additional recordkeeping procedures?
No. The proposed changes do not affect small businesses as DLS understands the term.
-
Will small businesses have to provide additional administrative oversight?
No. The proposed changes do not affect small businesses as DLS understands the term.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. The proposed changes do not affect small businesses as DLS understands the term.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. The proposed changes do not affect small businesses as DLS understands the term.
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 changes do not affect small businesses as DLS understands the term.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)
No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. The proposed changes do not affect small businesses as DLS understands the term.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The proposed changes do not affect small businesses as DLS understands the term.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. As the regulation does not govern small businesses as DLS understands the term, the regulation should have no effect or a neutral effect on the formation of small businesses.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. As the regulation does not govern small businesses as DLS understands the term, the regulation should have no effect or a neutral effect on the formation of small businesses.
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. The proposed changes do not affect small businesses as DLS understands the term.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposed changes do not affect small businesses as DLS understands the term.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The proposed changes do not affect small businesses as DLS understands the term.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The proposed changes do not affect small businesses as DLS understands the term.
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Registry of Motor Vehicles
540 CMR 4.00
NOTICE OF PUBLIC COMMENT PERIOD AND HEARING
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, (“MassDOT”) will hold a hybrid public hearing on Friday July 12, 2024 at 10:00 a.m. and accept written public comment until 5:00 p.m. on July 12, 2024, the same day, concerning the following regulatory action:
Amend 540 CMR 4.00 – Annual Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semitrailers and Converter Dollies
The proposed regulatory action is required under Chapter 358 of the Acts of 2022 which amended MGL c. 90, sec. 7, and provides that a motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more, that is leased or purchased by the commonwealth on or after January 1, 2023, or operated under a contract with the commonwealth on or after January 1, 2025, shall be equipped with lateral protective devices, convex mirrors, crossover mirrors and backup cameras. This could include municipalities under Chapter 90 funding agreements. For additional information visit: mass.gov/info-details/truck-safety-devices
MassDOT will hold this hearing:
Remotely at:
https://us02web.zoom.us/j/86258327009
In person at:
10 Park Plaza
MassDOT Board Room, 2nd Floor
Boston, Massachusetts 02116
Individuals who notify MassDOT of their intent to testify during the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify MassDOT of their intention to testify at the hearing by emailing the address below with the subject line “Regulation Hearing Comment - Annual Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semitrailers and Converter Dollies.” Written comments must be submitted by email or postal mail to the following address:
Email: Eileen.Fenton@dot.state.ma.us
Postal Mail:
Eileen Fenton, Managing Counsel
MassDOT
10 Park Plaza Suite 3510
Boston, Massachusetts 02116
A copy of the above-listed regulations may be obtained by request to the above address or email address.
MassDOT may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention.
For accommodation or language assistance requests, please contact MassDOT’s Chief Diversity & Civil Rights Officer by phone at (857) 368-8580 , TTD/TTY at (857) 266‐0603 , fax (857) 368 0602 or by email to MassDOT.CivilRights@dot.state.ma.us. Requests should be made as soon as possible, ideally at least five business days before the close of the public hearing.
CMR No: 540 CMR 4.00
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:
Indeterminable at this time.
-
Will small businesses have to create, file, or issue additional reports?
Yes. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more are required to install convex mirrors, crossover mirrors, lateral protective devices and back up cameras (“safety devices”) on the vehicles that are being used on Commonwealth contracts. The small business will have to file a self-certification of compliance with the regulations.
-
Will small businesses have to implement additional recordkeeping procedures?
Yes. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more would have to keep records relating to compliance with the installation of the safety devices on vehicles used on Commonwealth projects.
-
Will small businesses have to provide additional administrative oversight?
Yes. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more would have to ensure that vehicles that are used on Commonwealth projects are complaint with the safety device requirements.
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.)?
Yes. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more may be required to hire individuals to install the relevant safety devices, to the extent not already on the vehicle.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
Yes. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more may be required to purchase and install the relevant safety devices, to the extent not already on the vehicle.
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 statute specifically requires the specified design and operational standards for the safety devices. Owners of vehicles may apply for a waiver from any or all of the requirements. Waivers may be granted if a vehicle cannot comply with the safety device requirements due to the design, operation or other safety considerations relating to the vehicle; or if a vehicle is designed such that its shape, characteristics or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the safety device requirements.
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. Small businesses that are contractors of the Commonwealth using motor vehicles classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more may be subject to audits and may be required to cooperate with inspection to ensure the relevant safety devices are installed.
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?
Yes. The proposed regulations provide for alternative means of compliance with any or all of the safety device requirements. Owners of vehicles may apply for a waiver from any or all of the requirements. Waivers may be granted if a vehicle cannot comply with the safety device requirements due to the design, operation or other safety considerations relating to the vehicle; or if a vehicle is designed such that its shape, characteristics or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the safety device requirements.
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. The statute specifically requires the specified design and operational standards. The proposed regulations provide for alternative means of compliance with any or all of the safety device requirements. Owners of vehicles may apply for a waiver from any or all of the requirements. Waivers may be granted if a vehicle cannot comply with the safety device requirements due to the design, operation or other safety considerations relating to the vehicle; or if a vehicle is designed such that its shape, characteristics or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the safety device requirements.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
The statute specifically requires the specified design and operational standards. The proposed regulations provide for alternative means of compliance with any or all of the safety device requirements. Owners of vehicles may apply for a waiver from any or all of the requirements. Waivers may be granted if a vehicle cannot comply with the safety device requirements due to the design, operation or other safety considerations relating to the vehicle; or if a vehicle is designed such that its shape, characteristics or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the safety device requirements.