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Notices of Public Comment and Hearings (Published 7/21/2023)

Massachusetts Department of Elementary and Secondary Education

Pursuant to its authority under M.G.L. c.69, § 1B and c.71, §§ 37H and 37H¾, and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education (Board) is soliciting public comment on the proposed amendment to 603 CMR 53.00, Student Discipline Regulations.

The proposed amendment would conform the regulatory language in 603 CMR 53.05, Alternatives to Suspension under M.G.L. c. 71, § 37H¾, to the updated statutory language in M.G.L. c. 71, § 37H¾(b), as amended by Acts of 2022, c. 177, § 29. The updated statute specifies procedures and documentation that are required before public school students are suspended for disciplinary matters covered by M.G.L. c. 71, § 37H¾.

Copies of the proposed amendment are available on the Department’s website at http://www.doe.mass.edu/lawsregs/, or by calling 781-338-3010. Written comments on the proposed amendment may be submitted by mail to: Office of Student and Family Support, Department of Elementary and Secondary Education, 75 Pleasant Street, Malden, MA 02148, by fax to: 781-338-3090, or by e-mail to: achievement@doe.mass.edu. The deadline for submission of public comment is August 11, 2023 at 5pm. The Board is expected to vote on the proposed amendment at its regular monthly meeting scheduled for September 19, 2023.

Small Business Impact Statement Pursuant to M.G.L. c. 30A, §2

This statement accompanies the filing by the Department of Elementary and Secondary Education of the proposed amendment to 603 CMR 53.00, Student Discipline Regulations.

The proposed amendment would conform the regulatory language in 603 CMR 53.05·, Alternatives to Suspension under M.G.L. c. 71, § 37H¾, to the updated statutory language in M.G.L. c. 7.1, § 37H¾(b), as amended by Acts of 2022, c. 177, § 29. The updated statute specifies procedures and documentation that are required before public school students are suspended for disciplinary matters covered by M.G.L. c. 71, § 37H¾.

  1. The proposed amendment does not affect small businesses.
  2. Since the proposed amendment does not affect small businesses, the following considerations are not applicable:
    1. Reporting, record keeping or other administrative costs required of small businesses for compliance associated with the amendment.
    2. Appropriateness of performance standards vs. design standards.
    3. Regulations of this agency or any other state agency, which may duplicate or conflict with the proposed amendment.
    4. Analysis of whether the proposed amendment is likely to deter or encourage the formation of new business in the state.

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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 28, 2023, at 10:00 a.m. relative to the emergency adoption of amendments to the following regulation.

This regulation is being filed on an emergency basis to provide increased funding to resident care facilities to ensure that facilities remain adequately funded and address these COVID-19-related costs.

The proposed amendments contain rates effective for dates of service on or after December 1, 2022. There is no fiscal impact on cities and towns.

101 CMR 204.00: Rates of Payment to Resident Care Facilities

The following amendments are proposed to be effective December 1, 2022, and January 1, 2023, or as described below.

The proposed amendments effective December 1, 2022, were calculated according to the following methodology.

  • Update the base year from 2019 to 2020.
    • Calculate allowed variable, fixed cost, equity, and working capital per diems using 2020 costs.
    • Cap variable costs at the 85th percentile, or $148.06. With a 13.57% cost adjustment factor (CAF) applied, the cap is at $168.15.
    • Fixed cost and equity components are limited to the amounts described in 101 CMR 204.08(2)(a)1.d.
    • The methodology used to set the proposed rates applies a 90% occupancy standard when calculating per diem costs.
  • For each rest home, the preliminary rate is the sum of the components listed above.
  • For each rest home, calculate its DTA days percentage by dividing its DTA days by the facility’s total resident days, based on the 2020 cost report. The facility’s DTA days percentage adjustment is equal to its DTA days percentage multiplied by $13.28.
  • For each rest home that had residents who were receiving MassHealth-covered GAFC services as of October 15, 2020, the proposed GAFC adjustment is equal to the GAFC adjustment the facility is receiving on November 30, 2022.
  • For each rest home, calculate a new rate effective December 1, 2022, equal to the greater of:
    • The sum of the preliminary rate, the DTA days percentage adjustment, the GAFC adjustment, and a resident care add-on of $8.00;
    • The sum of the facility’s certified rate in effect on November 30, 2022 and a resident care add-on of $8.00; or
    • $95.
  • If the rate calculated above exceeds the current rate effective November 30, 2022, plus $34, the facility will receive a negative adjustment such that the new rate effective December 1, 2022, will be equal to the current rate effective November 30, 2022, plus $34.
  • For rates effective December 1 through December 31, 2022, apply an annualization adjustment of 493.55% of the difference between the new rate and the current rate, to cover the 153 days from July 1 through November 30, 2022.

Proposed amendments effective January 1, 2023:

  • Add a provision for Certain COVID-19 Related Costs Add-on Payment for rate year 2023 incorporated in accordance with St. 2022, c. 268, the 2022 “Economic Development” law, including the calculation methodology, permissible uses, and description of further guidance, and which is to be paid to DPHlicensed resident care facilities. Note: This payment is intended to be made in calendar year 2023 and represents approximately half of the $30M identified in St. 2022, c. 268, intended for resident care facilities with rates established in 101 CMR 204. EOHHS intends to make subsequent payments pursuant to future amendments to 101 CMR 204.00 using the same or similar methodology and to be made in a subsequent calendar year.
  • Align the interim RCC-Q report due date with the nursing facility timeline, specifically, and move the due date from February 1 to March 1.

Additional proposed amendments effective as described below.

  • Clarify that this regulation pertains to COVID-19-related costs in addition to rates for services provided by resident care facilities.
  • End surveillance testing payments effective April 30, 2023, to align with the end of the DPH requirement for surveillance testing in long-term care facilities.

The amendments to the regulation also describe a Resident Care Cost Quotient (RCC-Q). Beginning in SFY2023, facilities must have an RCC-Q of at least 80%. A downward rate adjustment may be applied in future rate years to facilities that failed to meet the RCC-Q threshold of 80%.

The proposed amendments to 101 CMR 204.00, in conjunction with amendments to residential care unit rates established at 101 CMR 206.00, meet FY23 state budget appropriation requirements. The proposed amendments to 101 CMR 204.00 will result in an approximate annual cost of $9.93 million to eligible resident care providers. Due to the annualization adjustment, the full $9.93 million in fiscal impact is expected to be realized in FY2023.

The proposed amendments to 101 CMR 204.00 effective January 1, 2023, in conjunction with amendments to residential care unit rates established at 101 CMR 206.00, meet St. 2022, c. 268, requirements. The proposed amendments to 101 CMR 204.00 effective January 1, 2023, will result in an approximate one-year increase of $14.135M. These payments will be made from the dedicated reserve line item 1599-6064. Note: EOHHS intends to make additional amendments in subsequent years in accordance with St. 2022, c. 268, and any related fiscal impact will be noted at that time.

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 28, 2023. EOHHS specifically invites comments as to how the amendments may effect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, 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 supporting materials, go to www.mass.gov/servicedetails/ proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters. EOHHS may adopt a 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/executive-office-of-health-and-human-services-publichearings.

CMR No: 101 CMR 204.00: Rates of Payment to Resident Care Facilities
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:

    60

  • Will small businesses have to create, file, or issue additional reports?

    No. The regulation does not establish new reporting requirements for resident care facilities.

  • Will small businesses have to implement additional recordkeeping procedures?

    No. The regulation does not require 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. 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. All resident care facilities using the rates under the regulation are subject to audit, if determined necessary by EOHHS, and the regulation amendment explicitly acknowledges such audit power. The regulation does not distinguish between small and other businesses.

  • 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 establishes new and updated payment methodologies for providers and is unlikely to deter or encourage the formation of small businesses.

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

    No. The regulation establishes new and updated payment methodologies for providers and is unlikely to deter or encourage 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. Payment methodologies for resident care facilities are required by statute to be established through regulation.

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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 Wednesday, August 2, 2023, relative to the emergency adoption of:

  1. 10:00 a.m.: 101 CMR 310.00: Rates for Adult Day Health Services
    The proposed amendments to 101 CMR 310.00 apply a 33% rate increase to all ADH rates, including transportation services. They would also provide two new rates designed to incentivize enrollment of additional members into ADH programs. First, a one-time re-engagement rate of $2,000 per newly returning ADH member, and second, a one-time admission rate at $2,000 per newly enrolled member.
  2. 11:00 a.m.: 101 CMR 348.00: Rates for Day Habilitation Services
    The proposed amendments to 101 CMR 348.00 increase the rates for day habilitation services by 33% (excluding DH services in nursing facilities and transportation services). They also provide two new rates designed to incentivize enrollment of additional members into DH programs. First, a one-time reengagement rate of $12,000 per newly returning DH member, and second, a onetime admission rate at $2,000 per newly enrolled member.

The annualized total fiscal impact of the proposed amendments to regulation 101 CMR 348.00 and regulation 101 CMR 310.00 is estimated to be approximately $117,680,000, which is an increase of approximately 49% in MassHealth spending for DH and ADH services.

The regulations went into effect as emergencies on July 5, 2023. 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-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 Wednesday, August 2, 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.

101 CMR 310.00
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:

    140 adult day health providers

  • Will small businesses have to create, file, or issue additional reports?

    No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to this regulation.

  • Will small businesses have to implement additional recordkeeping procedures?

    No. Small businesses will not have additional responsibilities to keep records as a result of the proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No. Small businesses are not required by this regulation to provide additional administration oversight as a result of the proposed amendments to this regulation.

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

    No. This regulation 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. Small businesses are not required by this regulation to hire 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. This regulation does not require small businesses to purchase any particular product or make any 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. The regulation is required by statute under MGL Chapter 118E Section 13D and establishes the specific rates to be paid by governmental units for ADH services.

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

    No. No regulations duplicate or conflict with this regulation.

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

    Yes. This regulation does require that providers periodically file cost data, which is required in order for EOHHS to develop and establish rates for providers of ADH services.

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

    No. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements.

  • 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 ADH services are to be paid when 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 ADH services are to be paid when purchased by governmental units.

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

    No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated ADH providers, as required of EOHHS by statute.

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

    No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated ADH providers, as required of EOHHS by statute.

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

    No. This regulation does not consolidate or simplify compliance or reporting requirements for small businesses. The cost reporting requirements are applied uniformly to all ADH providers in order for EOHHS to develop rates for ADH services.

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

    No. This regulation is in accordance with EOHHS’s statutory obligation under MGL Chapter 118E Section 13D to establish, by regulation, the rates to be paid by governmental units to providers of ADH services.

  • 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. The regulation establishes uniform rates to be paid by governmental units to providers of ADH services, and as required by statute.

101 CMR 348.00
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:

    157 day habilitation providers

  • Will small businesses have to create, file, or issue additional reports?

    No. Small businesses will not have to create, file, or issue additional reports as a result of the amendments to this regulation.

  • Will small businesses have to implement additional recordkeeping procedures?

    No. Small businesses will not have additional responsibilities to keep records as a result of the proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No. Small businesses are not required by this regulation to provide additional administration oversight as a result of the proposed amendments to this regulation.

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

    No. This regulation 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. Small businesses are not required by this regulation to hire 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. This regulation does not require small businesses to purchase any particular product or make any 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. The regulation is required by statute under MGL Chapter 118E Section 13D and establishes the specific rates to be paid by governmental units for DH services.

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

    No. No regulations duplicate or conflict with this regulation.

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

    Yes. This regulation does require that providers periodically file cost data, which is required in order for EOHHS to develop and establish rates for providers of DH services.

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

    No. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements.

  • 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 ADH services are to be paid when 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 ADH services are to be paid when purchased by governmental units.

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

    No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated ADH providers, as required of EOHHS by statute.

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

    No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated DH providers, as required of EOHHS by statute.

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

    No. This regulation does not consolidate or simplify compliance or reporting requirements for small businesses. The cost reporting requirements are applied uniformly to all DH providers in order for EOHHS to develop rates for DH services.

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

    No. This regulation is in accordance with EOHHS statutory obligation under MGL Chapter 118E Section 13D to establish, by regulation, the rates to be paid by governmental units to providers of DH services.

  • 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. The regulation establishes uniform rates to be paid by governmental units to providers of DH services, and as required by statute.

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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 28, 2023, at 9:30 a.m. relative to the proposed repeal of the following regulation.

101 CMR 452.00: Supplemental Rates for Workforce Investment for Certain Health and Human Services Programs

There is no fiscal impact on cities and towns. 101 CMR 452.00 will be repealed effective July 1, 2023. Beginning July 1, 2023, the rates for all services described in 101 CMR 452.00 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 28, 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.

101 CMR 452.00
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:

    Approximately 1,400 providers

  • Will 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.

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Commonwealth of Massachusetts Executive Office of Health and Human Services, Department of Health

Notice is hereby given pursuant to M.G.L. c. JOA, §2, that the Department of Public Health (the Department) will hold a public hearing and comment period on the recent amendments, filed on July 7, 2023, to the following regulations:

  1. 105 CMR 130.000, Hospital Licensure
  2. 105 CMR 140.000, Licensure of Clinics
  3. 105 CMR 141.000, Licensure of Hospice Programs
  4. 105 CMR 150.000, Standards for Long-Term Care Facilities
  5. 105 CMR 158.000, Licensure of Adult Day Health Programs
  6. 105 CMR 170.000, Emergency Medical Services System

Additionally, certain Out-of-Hospital Dialysis Units in Massachusetts regulations are tied to the Licensure of Clinics regulations. As such, amendments to the clinic regulations will affect the associated requirements for out-of-hospital dialysis units.

The amendments address vaccinations for personnel of clinics, out-of-hospital dialysis units, hospice programs, hospitals, adult day health programs, emergency medical services, and long-tenn care facilities, subject to exemptions.

The public hearing wil I be held on August 1, 2023, at 10AM. The hearing wi11 be conducted on a moderated conference call. The login infonnation for the moderated conference call is:

Dial in: 800-857-9842. Participant code: 3262206

Copies of the proposed amendments to the referenced regulations may be viewed on the Department's website at http://mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

The Department encourages ail interested parties, including those who testify at the public hearing, to submit written testimony electronically to Reg.Testimony@mass.gov. Please submit electronic testimony as an attached Word document and type the relevant regulation title (ex. 105 CMR 130, Hospital Licensure - Vaccination Requirements) in the subject line of the email. All submitted testimony must include the sender's full name and address. The Department will post all electronic testimony that complies with these instructions on its website. Parties who are unable to submit electronic testimony should mail submissions to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108.

All comments must be submitted by 5:00 p.m. on August 1, 2023, the date of the public hearing. All comments received by the Department may be released in response to a request for public records.

If you are deaf or hard of hearing or are a person with a disability who requires accommodation, please contact Alex Gomez at least 5 days before the hearing at 617-624-5928, Fax# 617-624-5075, email Alex.Gomez@mass.gov. or TTY# 617-624-6001.

CMR No: 105 CMR 130.00: Hospital Licensure
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:

    Presently, there are approximately 121 hospitals in Massachusetts. It is unlikely that any of these businesses qualify as a small business.
  • Will small businesses have to create, file, or issue additional reports?

    Yes, small businesses operating as this license type will be required to report COVID-19 vaccination of personnel to the Department.

  • Will small businesses have to implement additional recordkeeping procedures?

    Yes, small businesses will have to implement additional recordkeeping procedures as a result of proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No, small businesses will not have to provide additional administrative oversight as a result of proposed amendments to this regulation.

  • 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 will not have to hire 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, small businesses will not be required to make any other capital investments in order to comply with this 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, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs and protect the health and safety of residents.

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

    No, there are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

    Yes, this regulation does require small businesses to cooperate with inspections and other regulato,y enforcement activities in order for DPH to ensure the health and safety of residents.

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

    No, this regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements

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

    No, this regulation will not deter the opening of additional small businesses in Massachusetts.

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

    This regulation will not encourage the opening of additional small business health care facilities.

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

    No, the reporting requirements are the same for all regulated parties.

  • 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, the compliance standards and reporting requirements are the same for all regulated parties.

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

    No, this regulation, which is required by statute, sets.forth clear minimum standards to ensure consistency among programs, protect the health and safety of residents, and reflect the individualized needs of residents.

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

    No, there are no other alternative regulatory methods that would minimize the adverse impact on small businesses.

CMR No: 105 CMR 140.00: Licensure of Clinics
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:

    Presently, there are approximately 954 clinics and clinic satellites in Massachusetts. it is likely that some identify as a small business, but the exact number is not known.
  • Will small businesses have to create, file, or issue additional reports?

    Yes, small businesses operating as this license type will be required to report COVID-19 vaccination of personnel to the Department.

  • Will small businesses have to implement additional recordkeeping procedures?

    Yes, small businesses will have to implement additional recordkeeping procedures as a result of proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No, small businesses will not have to provide additional administrative oversight as a result of proposed amendments to this regulation.

  • 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 will not have to hire 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, small businesses will not be required to make any other capital investments in order to comply with this 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, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs and protect the health and safety of residents.

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

    No, there are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

    Yes, this regulation does require small businesses to cooperate with inspections and other regulatory enforcement activities in order for DPH to ensure the health and safety of residents.

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

    No, this regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

    No, this regulation will not deter the opening of additional small businesses in Massachusetts.

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

    This regulation will not encourage the opening of additional small business health care facilities.

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

    No, the reporting requirements are the same f or all regulated parties.

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

    No, the compliance standards and reporting requirements are the same for all regulated parties.

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

    No, the compliance standards for and reporting requirements are the same for all regulated parties.

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

    No, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs, protect the health and safety of residents, and reflect the individualized needs of residents.

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

    No, there are no other alternative regulatory methods that would minimize the adverse impact on small businesses.

CMR No: 105 CMR 141.00: Licensure of Hospice Programs
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:

    Presently, there are approximately 93 hospice programs in Massachusetts. It is likely that some identify as a small business, but the exact number is not known.
  • Will small businesses have to create, file, or issue additional reports?

    Yes, small businesses operating as this license type will be required to report COVID-19 vaccination of personnel to the Department.

  • Will small businesses have to implement additional recordkeeping procedures?

    Yes, small businesses will have to implement additional recordkeeping procedures as a result of proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No, small businesses will not have to provide additional administrative oversight as a result of proposed amendments to this regulation.

  • 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 will not have to hire 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, small businesses will not be required to make any other capital investments in order to comply with this 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, This regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs and protect the health and safety of residents.

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

    No, there are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

    Yes, this regulation does require small businesses to cooperate with inspections and other regulatory enforcement activities in order for DPH to ensure the health and safety of residents.

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

    No, this regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

    No, this regulation will not deter the opening of additional small businesses in Massachusetts.

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

    This regulation will not encourage the opening of additional small business health care facilities.

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

    No, the reporting requirements are the same for all regulated parties.

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

    No, the compliance standards and reporting requirements are the same for all regulated parties.

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

    No, the compliance standards for and reporting requirements are the same for all regulated parties.

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

    No, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs, protect the health and safety of residents, and reflect the individualized needs of residents.

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

    No, there are no other alternative regulatory methods that would minimize the adverse impact on small businesses.

CMR No: 105 CMR 158.00: Licensure of Adult Day Health Programs
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:

    Presently, there are approximately 144 adult day health programs in Massachusetts. it is likely that some identify as a small business, but the exact number is not known.
  • Will small businesses have to create, file, or issue additional reports?

    Yes, small businesses operating as this license type will be required to report COVID-19 vaccination of personnel to the Department.

  • Will small businesses have to implement additional recordkeeping procedures?

    Yes, small businesses will have to implement additional recordkeeping procedures as a result of proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No, small businesses will not have to provide additional administrative oversight as a result of proposed amendments to this regulation.

  • 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 will not have to hire 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, small businesses will not be required to make any other capital investments in order to comply with this 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, This regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs and protect the health and safety of residents.

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

    No, there are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

    Yes, this regulation does require small businesses to cooperate with inspections and other regulatory enforcement activities in order for DPH to ensure the health and safety of residents.

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

    No, this regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

    No, this regulation will not deter the opening of additional small businesses in Massachusetts.

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

    No, this regulation will not encourage the opening of additional small business health care facilities.

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

    No, the reporting requirements are the same for all regulated parties.

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

    No, the compliance standards and reporting requirements are the same for all regulated parties.

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

    No, the compliance standards for and reporting requirements are the same for all regulated parties.

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

    No, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs, protect the health and safety of residents, and reflect the individualized needs of residents.

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

    No, there are no other alternative regulatory methods that would minimize the adverse impact on small businesses.

CMR No: 105 CMR 170.00: Emergency Medical Services System
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:

    Presently, there are approximately 311 ambulance services in Massachusetts. Most are municipal agencies. Among the private ambulance services, it is likely that some identify as a small business, but the exact number is not known.
  • Will small businesses have to create, file, or issue additional reports?

    Yes, small businesses operating as this license type will be required to report COVID-19 vaccination of personnel to the Department.

  • Will small businesses have to implement additional recordkeeping procedures?

    Yes, small businesses will have to implement additional recordkeeping procedures as a result of proposed amendments to this regulation.

  • Will small businesses have to provide additional administrative oversight?

    No, small businesses will not have to provide additional administrative oversight as a result of proposed amendments to this regulation.

  • 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 will not have to hire 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, small businesses will not be required to make any other capital investments in order to comply with this 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, This regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs and protect the health and safety of residents.

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

    No, there are no other regulations that duplicate or conflict with the proposed amendments to this regulation.

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

    Yes, this regulation does require small businesses to cooperate with inspections and other regulatory enforcement activities in order for DPH to ensure the health and safety of residents.

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

    No, this regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

    No, this regulation will not deter the opening of additional small businesses in Massachusetts.

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

    No, this regulation will not encourage the opening of additional small business health care facilities.

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

    No, the reporting requirements are the same for all regulated parties.

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

    No, the compliance standards and reporting requirements are the same for all regulated parties.

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

    No, the compliance standards for and reporting requirements are the same for all regulated parties.

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

    No, this regulation, which is required by statute, sets forth clear minimum standards to ensure consistency among programs, protect the health and safety of residents, and reflect the individualized needs of residents.

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

    No, there are no other alternative regulatory methods that would minimize the adverse impact on small businesses.

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Office of the Treasurer and Receiver General

Please be advised that, in accordance with M.G.L. c. 30A, §2, Notice is hereby given that the Commonwealth of Massachusetts Office of the Treasurer and Receiver General will hold a public hearing for the purpose of hearing any comments in connection with the proposed Regulations at 960 CMR 7.00: Procedures for the Administration of Certain Bonuses Awarded To Eligible Service Members. The proposed Regulations establish and clarify procedures for awarding certain bonuses administered through the Veterans’ Bonus Division and are authorized by M.G.L. c. 10, § 78; M.G.L. c. 4, § 7, cl. 43rd; Chapter 731, Acts of 1945; Chapter 440, Acts of 1953; Chapter 646, Acts of 1968.

The State Treasurer’s Office will hold this public hearing in person and remotely on Monday, August 14, 2023, at 10:00 a.m., at 1 Ashburton Place, 12th Floor, Boston, MA 02108. To participate in the remote public hearing, please call 1 (305) 224-1968 and enter Meeting ID 87296178095# (Passcode 627844) when prompted.

A copy of the proposed Regulations referenced above may be viewed by visiting www.mass.gov/orgs/veterans-bonus-division. Any person who would like to offer comments may participate in the public hearing at the date and time indicated above or submit written comments. Those who wish to receive a written copy of the proposed Regulations, or to submit written comments, may do so by sending an email to Cassandra.m.chung@tre.state.ma.us, or by mail to:
Cassandra Chung – Paralegal
Commonwealth of Massachusetts
Office of the State Treasurer and Receiver General
One Ashburton Place, 12th Floor
Boston, MA 02108.

Written comments must be received by 4:00 p.m. on Tuesday, August 15, 2023. Attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2.

960 CMR 7.00
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:

    0

  • Will small businesses have to create, file, or issue additional reports?

    No. The proposed Regulations will have no impact on Small Businesses.

  • Will small businesses have to implement additional recordkeeping procedures?

    No. The proposed Regulations will have no impact on Small Businesses.

  • Will small businesses have to provide additional administrative oversight?

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

  • Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

    No. The proposed Regulations will have no impact on Small Businesses.

  • 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 Regulations will have no impact on Small Businesses.

  • 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 proposed Regulations will have no impact on Small Businesses.

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

    Yes. The proposed Regulations duplicate some requirements included in 108 CMR 11.00: Persian Gulf War Bonus Under St. 1992, Chapter 153, governing the administration of certain bonuses to service members relative to the Persian Gulf War, published by the Department of Veterans Services [(now Executive Office of Veterans Services (“EOVS”)], and conflict with said Regulations regarding the agency responsible for the administration and appeal of said bonuses. An Internal Service Agreement between the State Treasurer and DVS executed on October 1, 2021, transferred complete administration, including appeals, of the Persian Gulf War Bonus to the State Treasurer’s Office (“STO”). The STO has requested that EOVS repeal its Regulations regarding the Gulf War Bonus so as to be consistent with STO’s proposed Regulations at 960 CMR 7.00.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.

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

    No. The proposed Regulations will have no impact on Small Businesses.