Notices of Public Hearing (Published 8/18/2023)
Executive Office for Administration and Finance:
Amend 801 CMR 4.00 - Rates
(as authorized by M.G.L. c. 7, § 3B)
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Department of Transportation, Registry of Motor Vehicles Division (“RMV”), on behalf of the Executive Office of Administration & Finance, will hold a virtual public hearing on Wednesday, August 30, 2023 at 11:00am and accept public comment concerning the following regulatory action:
The proposed regulatory action will establish the fee associated with temporary registration for out-of-state residents who purchase a motor vehicle in the Commonwealth, in accordance M.GL. c. 90, § 2D.
The RMV will be holding this hearing remotely on the date and time specified above. To join the hearing, register online at:
us02web.zoom.us/j/88072923078?pwd=S001eU9BMkpmeVhHUkk0SWlKSEJ6Zz09
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 – 801 CMR 4.00.” Written comments will be accepted starting August 14, 2023 until 5:00 p.m. on August 30, 2023. Written comments must be submitted by email or postal mail to the following address:
Email: Kimberly.A.McDonald@dot.state.ma.us
Postal Mail:
Kimberly McDonald
Chief Counsel
Registry of Motor Vehicles 10 Park Plaza, Suite 3510
Boston, Massachusetts 02116
A copy of the above-listed regulations may be obtained by contacting Kimberly McDonald at 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 public hearing.
801 CMR 4.00
Small Business Impact Statement
Estimate of the Number of Small Businesses Impacted by the Regulation:
Indeterminable at this Time
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.Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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Executive Office of Health and Human Services:
101 CMR 319.00 - Rates for Doula 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, August 25, 2023, at 11 a.m. relative to the adoption of a new regulation: 101 CMR 319.00: Rates for Doula Services
EOHHS is proposing to adopt 101 CMR 319.00, a new regulation that will govern the rates of payment used by governmental units in making payments to eligible doula providers for certain doula services rendered to publicly aided individuals. The proposed regulation contains rates effective for dates of service on or after October 30, 2023.
EOHHS is also separately proposing a new program regulation, 130 CMR 463.000, which will establish a new provider type and set forth the requirements, conditions, and limitations for MassHealth covered doula services.
EOHHS is proposing to adopt rates for the following doula services: perinatal visit up to 60 minutes ($100 per visit), perinatal visit from 61 minutes up to 90 minutes ($150 per visit), and labor and delivery support ($700). For MassHealth providers of doula services, the payment for perinatal visits is proposed to not exceed $800 per perinatal period per MassHealth member. The proposed rates are informed by provider engagement and industry research.
EOHHS is proposing the new regulation, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. The estimated aggregate annual spending is $2.4 million. The actual annualized expenditures may vary depending on actual utilization of services. There is no fiscal impact on cities and towns.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.
You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to 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, August 25, 2023. 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.
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/executive-office-of-health-and-human-services-public-hearings
101 CMR 319.00
Small Business Impact Statement
Estimate of the Number of Small Businesses Impacted by the Regulation:
EOHHS notes that, currently, there are no providers of doula services enrolled in MassHealth, as 101 CMR 319.00, which establishes the rates for doula services, and the separately proposed program regulation 130 CMR 463.000: Doula Services, which establishes MassHealth coverage for doula services, have not yet been promulgated. Based on publicly available reporting from DONA International, DoulaMatch and the Betsey Lehman Center, EOHHS estimates that there may be at least 200 doulas in the Commonwealth who may be eligible to enroll in MassHealth as providers of doula services.
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 13C, and establishes the rates to be paid by governmental units to providers of doula services.Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The proposed regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for doula services provided to publicly aided individuals and is applied uniformly among providers.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for doula services provided to publicly aided individuals and is applied uniformly among providers.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No.
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 regulation establishes uniform conditions of payment for the provision of doula services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The regulation does not have an adverse impact on small businesses and governs payments for doula services provided to publicly aided individuals and is applied uniformly regardless of whether the provider is a small business.
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Commonwealth of Massachusetts Division of Medical Assistance:
130 CMR 406.000 - Pharmacy Services
Pursuant to the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, August 25, at 1:00 p.m. relative to the adoption of amendments to: 130 CMR 406.000: Pharmacy Services
The proposed amendments to 130 CMR 406.000 update coverage for the MassHealth pharmacy program. Specifically, the proposed amendments include provisions to:
- Allow MassHealth to pay for drugs used for the treatment of obesity
- Add language about step therapy protocol exceptions when necessary to comply with M.G.L. c.118E, § 51A
- Remove the language “male or female” from the language about fertility drugs and drugs for sexual dysfunction to make the language more gender inclusive
- Clarify that drugs for cosmetic purposes will be covered if medically necessary (e.g., for treatment relating to alopecia or gender identity)
- Clarify coverage of compounded drugs
- Add language about a state requirement that pharmacies must offer prospective drug review and counseling and document a patient’s refusal for counseling if applicable, consistent with requirements in M.G.L. c.94C, § 21A
- Add in language referencing the use of rates in 101 CMR 317.00: Rates for Medicine Services to pay for some items listed on the MassHealth Non-Drug Product List, to conform with current practice
The proposed regulation is planned to go into effect no sooner than January 1, 2024.
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/masshealth-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 it to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on August 25, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.
To review the current draft of the proposed actions, go to www.mass.gov/service-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
The Division may adopt a revised version of the proposed actions 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/masshealth-public-hearings.
130 CMR 406.000 - Pharmacy Services
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
Estimate of the Number of Small Businesses Impacted by the Regulation:
250
Will small businesses have to create, file, or issue additional reports?
No.
Will small businesses have to implement additional recordkeeping procedures?
No.
Will small businesses have to provide additional administrative oversight?
No.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The amendments require providers to provide certain records to regulators upon request to prevent abuse and enhance program integrity.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposed regulation does not distinguish between small and other businesses.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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Commonwealth of Massachusetts Office of Medicaid Division of Medical Assistance:
130 CMR 463.000 - Doula Services
Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, August 25, 2023, at 10 a.m. relative to the adoption of amendments to the following regulation: 130 CMR 463.000: Doula Services
The proposed regulation is planned to go into effect no sooner than October 2023. There is no fiscal impact on cities and towns.
130 CMR 463.000 is a new proposed regulation that will govern MassHealth providers of doula services and the provision of such services to MassHealth members.
Currently, MassHealth regulations do not permit doulas to enroll as MassHealth providers. The proposed regulation 130 CMR 463.000 is a standalone provider regulation for doula services that establishes a new provider type and will set forth the requirements, conditions, and limitations for MassHealth covered doula services.
The proposed regulation includes provisions regarding the following areas:
- Provider eligibility requirements to enroll as a MassHealth provider of such services
- Conditions of payment for such services
- Member eligibility requirements for the receipt of such services
- Requirements and limitations for the delivery of such services
- Administrative requirements related to the delivery of such services
- Other requirements related to the provision of such services, including recordkeeping
EOHHS has separately proposed a new rate regulation, 101 CMR 319.00, which will establish the rates for doula services that are anticipated to be covered in accordance with 130 CMR 463.000.
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/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.
You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on Friday, August 25, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.
To review the current draft of the proposed regulation, go to www.mass.gov/service-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.
In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/masshealth-public-hearings.
130 CMR 463.00 - Doula Services
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
Estimate of the Number of Small Businesses Impacted by the Regulation:
EOHHS notes that, currently, there are no providers enrolled in MassHealth as providers of doula services, as 130 CMR 463.000: Doula Services is a proposed regulation that, if promulgated, will establish the MassHealth doula services program. However, based on publicly available reporting from DONA International, DoulaMatch and the Betsey Lehman Center, EOHHS estimates that there may be at least 200 doulas in the Commonwealth who may be eligible to enroll in MassHealth as providers of doula services if 130 CMR 463.000 is promulgated.
Will small businesses have to create, file, or issue additional reports?
No.
Will small businesses have to implement additional recordkeeping procedures?
Yes. Providers seeking to participate in the MassHealth doula program created through this regulation must comply with the recordkeeping requirements set forth in this regulation, as well as those that apply to all MassHealth providers.
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.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. Providers seeking to participate in the MassHealth doula program created through this proposed regulation must cooperate with the audit, inspection, and other regulatory enforcement activities set forth in this regulation, as well as those that apply to all MassHealth 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.
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. 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. The proposed regulation is required by statutes and its goals could not be achieved through alternative methods.
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Public Employee Retirement Administration Commission:
840 CMR 2.00, 4.00, 8.00, 11.00, 12.00, 15.00, 25.00
Pursuant to Section 50 of Chapter 7 of the General Laws, the Public Employee Retirement Administration Commission (PERAC) is promulgating amended regulations relating to Retirement Board Travel (840 CMR 2.00), Financial Operations/Standard Method of Accounting (840 CMR 4.00), Applicability of $30,000 Salary Cap (840 CMR 8.00), Service After Age 70 (840 CMR 11.00), Service Between Age 65 and 70 (840 CMR 12.00), Miscellaneous (840 CMR 15.00), and The Conduct of Field Examinations of Contributory Retirement Systems (840 CMR 25.00).
The Commission hereby provides notice of a public comment period regarding the Commission's proposed regulations. Remote hearings regarding the proposal will be held on:
Thursday, October 12, 2023, from 10:00 a.m. to 12.pm.
and Tuesday, October 17, 2023, from 1:00 p.m. to 3 p.m.
Directions to access the hearings can be located at PERAC's website www.mass.gov/perac.
The Commission will accept written comments through Wednesday, 0ctober 18, 2023 at 5:00 p.m. Comments may be sent to: PERAC, 5 Middlesex Avenue, Suite 304, Somerville, MA 02145 or electronically by email to Doreen.m.duane@mass.gov. Copies of the draft regulations may be obtained by contacting Doreen at 617-666- 4446 ext. 954 or Doreen.m.duane@mass.gov.
840 CMR 2.00, 4.00, 8.00, 11.00, 12.00, 15.00, 25.00
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. This regulation only impacts governmental bodies, specifically local retirement systems.
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.Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. There should be no impact on small businesses as they are not subject to regulation.
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. Regulation does not place any requirements on small businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. No impact on small businesses.