Notices of Public Hearing (Published 9/15/2023)
Attorney General, Office of the
940 CMR 37.00 - Act Relative to Work and Family Mobility
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Office of the Attorney General will hold a hybrid public hearing on Friday, September 22nd, 2023 at 1:00p.m. and accept public comment through Friday, September 22nd at 5:00p.m concerning the following regulatory action:
940 C.M.R. 37.00 (Promulgated Pursuant to St. 2022, c. 81, § 7: Act Relative to Work and Family Mobility)
The proposed regulation will make allowances and place limitations on information the Registry of Motor Vehicles (RMV) can share with third parties. The regulation will clarify the types of information and records that the RMV may disclose, the entities to which information can be disclosed, and the purposes for which information can be disclosed. It will also require that the RMV obtain certification from third parties with which it shares information or records that the information will not be used for impermissible purposes or shared with impermissible parties.
The in-person hearing will be held on the date and time specified above at the Conference Room
on the 21st Floor of One Ashburton Place, Boston, MA 02108. To join the hearing virtually,
please register at:
https://us06web.zoom.us/j/85985011582?pwd=MGdMdHg5eXlFNDdMdDdPZHpjU0lrUT09.
Individuals who provide notice of their intent to testify during the hearing will be afforded an
earlier opportunity to speak. Speakers are strongly encouraged to provide notice of their intention
to testify at the hearing by emailing the address below with the subject line: “Regulation Hearing
Comment – 940 CMR 37.00.” Written comments will be accepted starting September 1st, 2023
until 5:00 p.m. on September 22nd, 2023.
Email: Robert.Fernandez@mass.gov
Postal Mail:
Robert Fernandez
Senior Policy Coordinator
Massachusetts Office of the Attorney General
One Ashburton Place, 20th Floor
Boston, MA 02108
A copy of the above-listed regulations may be obtained by contacting Robert Fernandez at the above address or email address.
940 CMR 37.00
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:
Indeterminate 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.
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. The proposed regulation is required by statutes and its goals could not be achieved through alternative methods.
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Health and Human Services, Executive Office of:
101 CMR 613.000 - Health Safety Net Eligible Services
Notice of Proposed Amendment of Regulations
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) proposes to amend the following regulation.
101 CMR 613.00: Health Safety Net Eligible Services
Federal law establishes requirements around cost-sharing. Effective May 1, 2023, through March 31, 2024, these proposed amendments waive all cost sharing for the Health Safety Net.
The purpose of the proposed amendments is to eliminate copayments during the
unwinding of the federal public health emergency (PHE). This ensures that the
Executive Office of Health and Human Services (EOHHS) complies with federal
requirements barring increased copayments for members before redeterminations are
completed after the end of the federal PHE. The Health Safety Net is aligning with
MassHealth for reasons of operational efficiency.
The proposed amendments are expected to increase annual aggregate Health Safety Net expenditures by approximately $800,000. There is no fiscal impact on cities and towns.
Note: EOHHS previously held a public hearing on these changes on May 22, 2023. These proposed amendments do not reflect a substantiative change, but EOHHS nevertheless is providing an additional opportunity for public input.To submit data, views, or arguments concerning the emergency amendments, please email them 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 comments must contain the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit comments by email should mail comments to:EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Comments will be accepted through 5:00 p.m. on Friday, September 22, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.
To review the emergency regulation, go to www.mass.gov/service-details/executiveoffice-of-health-and-human-services-public-notices or request a copy in writing or in person from:MassHealth Publications,
100 Hancock Street, 6th Floor,
Quincy, Massachusetts 02171
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.
101 CMR 613.000 - Health Safety Net Eligible 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:
Indeterminate 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. Performance standards are not more appropriate than design or operational standards, because the regulatory amendments will temporarily eliminate copayments.Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. The proposed amendments to these regulations do not concern audits, inspections or other regulatory enforcement activities.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulations specify consistent requirements for MassHealth providers, without distinguishing between small and other businesses
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulations do not distinguish between small and other businesses. The same effective date applies across the board.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The regulations do 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. There is no adverse impact on small businesses
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Division of Medical Assistance
130 CMR 520.000: MassHealth: Financial Eligibility and
130 CMR 450.000: Administrative and Billing Regulations
Notice of Proposed Amendment of Regulations
Under the authority of M.G.L. c. 6A, s. 16; M.G.L. c. 118E, ss. 7 and 12; and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) proposes to amend the following regulations.
Federal law establishes requirements around cost-sharing. Effective May 1, 2023, through March 31, 2024, these proposed amendments waive all cost sharing for MassHealth members.
The purpose of proposed amendments is to eliminate copayments during the unwinding of the federal public health emergency (PHE). This ensures that the Executive Office of Health and that Human Services (EOHHS) complies with federal requirements barring increased copayments for members before redeterminations are completed after the end of the federal PHE. There is no impact on or waiver of copayments for individuals covered by the Children’s Medical Security Plan.
The proposed amendments also update the affected regulations to reflect that copayments are permanently waived for 12 months post-pregnancy.
The proposed amendments are expected to increase annual aggregate MassHealth expenditures by approximately $4,700,000. There is no fiscal impact on cities and towns.
Note: EOHHS previously held a public hearing on these changes on May 22, 2023. These proposed amendments do not reflect a substantiative change, but EOHHS nevertheless is providing an additional opportunity for public input.
To submit data, views, or arguments concerning these proposed amendments, please email them 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 submissions must include the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit comments by
email should mail comments to:
EOHHS, c/o D. Briggs,
100 Hancock Street, 6th Floor,
Quincy, MA 02171
Comments will be accepted through 5:00 p.m. on Friday, September 22, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.
All persons desiring to review the emergency regulation may go to
www.mass.gov/service-details/masshealth-public-notices or request a copy in writing
from:
MassHealth Publications,
100 Hancock Street, 6th Floor,
Quincy, MA 02171
The Division 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.
130 CMR 450.000
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?
(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, because the regulatory amendments will temporarily eliminate copayments.
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. DOER reserves the right to audit or inspect participating dealerships in this voluntary program.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. DOER will oversee the development of training resources, webinars, and other materials that will be made available to dealerships at no cost. Any other education about requirements is likely to be provided in their normal course of business.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation formalizes participation in a voluntary program.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulations specify consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulations do not distinguish between small and other businesses. The same effective date applies across the board.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The regulations do 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. There is no adverse impact on small businesses.
130 CMR 520.000
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?
(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, because the regulatory amendments will temporarily eliminate copayments.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. The proposed amendments to these regulations do not concern audits, inspections or other regulatory enforcement activities.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation formalizes participation in a voluntary program.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulations specify consistent requirements for MassHealth providers, without distinguishing between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulations do not distinguish between small and other businesses. The same effective date applies across the board.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The regulations do 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. There is no adverse impact on small businesses.
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