Notices of Public Hearing (Published 09/27/2024)

Health and Human Services, Executive Office of
101 CMR 321.00

Notice of Public Hearing

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on October 9, 2024, at 1 p.m. relative to the proposed adoption of the following new rate regulation:

101 CMR 321.00: Rates for Homeless Medical Respite Services 

The proposed new regulation is effective for dates of service on or after January 3, 2025.

Through the proposed new rate regulation, 101 CMR 321.00, EOHHS proposes to establish per diem rates of $255.44 for homeless medical respite services. The per diem rate of $255.44 was developed based on a model budget that included costs for direct care staff wages and fringe benefits, administrative staff wages and fringe benefits, and non-staff program costs such as member meals, staff training, supplies, and member transportation. 

EOHHS is proposing the new rate 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 $443,000 in CY2025 and $676,000 annually thereafter beginning in CY2026. The actual annualized expenditures may vary depending on actual utilization of services. There is no fiscal impact on cities and towns. 

MassHealth will hold a separate hearing for the new program regulations, 130 CMR 458.000: Homeless Medical Respite Services and has issued a separate notice for such hearing. 

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on October 9, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

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

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

September 18, 2024

CMR No: 101 CMR 321.00: Rates for Homeless Medical Respite 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 anticipates enrolling eight homeless medical respite sites as eligible providers.
  

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

  Yes. Small businesses that bill for medical respite services through MassHealth will be subject to reasonable reporting requirements.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Small businesses that bill for medical respite services through MassHealth will be subject to reasonable record keeping requirements

• Will small businesses have to provide additional administrative oversight?

  No. Small businesses will not have to provide additional administrative oversight.

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

  No.

• 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 to accomplish the regulatory objective of establishing rates for EOHHS health care services as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.
  

• 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. Distinguishing between small and other businesses would not be practicable to implement the proposed regulation.

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

  No.

Health and Human Services, Executive Office of
101 CMR 327.00

Notice of Public Hearing

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on October 4, 2024, at 10:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 327.00: Rates for Ambulance and Wheelchair Van Services

The proposed regulation contains rates effective for dates of service on or after April 1, 2025. There is no fiscal impact on MassHealth or on cities and towns.

Pursuant to M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units for noninstitutional health care services, including ambulance and wheelchair van services provided under the MassHealth program. The proposed amendments update the effective date of the rates but do not make any changes to existing rates.

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on October 4, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

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

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

CMR No: 101 CMR 327.00: Rates for Ambulance and Wheelchair Van Services
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  There are 353 ambulance and wheelchair van providers, of which 232 are municipal and 121 are nonmunicipal providers.
  

• 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. c. 118E, § 13C, and establishes the rates to be paid by governmental units to providers of non-institutional health care services.
  

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

  No.  

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

  Yes. The regulation requires providers to periodically comply with audits, inspections, and other regulatory activities. That is unchanged by the proposed amendments.

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

  No.

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

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for ambulance and wheelchair van services to publicly aided individuals and is applied uniformly among providers.

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

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for ambulance and wheelchair van services 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 services to publicly aided individuals. These requirements are applied uniformly to maintain consistency in the care provided to publicly aided individuals

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

  No. The regulation does not have an adverse impact on small businesses and governs payments for ambulance and wheelchair van services to publicly aided individuals and is applied uniformly among providers.

Medical Assistance, Division of
130 CMR 450.000 & 458.000

NOTICE OF PUBLIC COMMENT AND HEARING

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 October 9, 2024, at 2 p.m. relative to the adoption of amendments to the following regulations.

• The following new regulation:
  • 130 CMR 458.000: Homeless Medical Respite Services
• Conforming amendments to the following regulation:
  • 130 CMR 450.000 Administrative and Billing Regulations

The proposed new regulation and amendments are effective for dates of service on or after January 3, 2025.

The proposed new program regulation, 130 CMR 458.000, sets forth the requirements for homeless medical respite services, including establishing; 1) homeless medical respite as a new MassHealth provider type; 2) homeless medical respite service as a new MassHealth covered service; 3) definitions relevant to the new homeless medical respite program; 4) processes for eligible entities to enroll as MassHealth homeless medical respite providers; 5) minimum requirements for participation in the homeless medical respite program, and requirements for enrolled providers; and 6) member eligibility criteria for receipt of the service.

Also included are proposed amendments to 130 CMR 450.000. Regulation 130 CMR 450.000 sets forth the administrative and billing rules and requirements for all MassHealth providers and lists the covered services for all MassHealth coverage types. The amendments to 130 CMR 450.000 add new services to the list of covered services for each coverage type. Specifically, homeless medical respite services and doula services are added as covered services under the applicable coverage types.

MassHealth will hold a separate hearing for the new proposed rate regulations, 101 CMR 321.00: Rates for Homeless Medical Respite Services and has issued a separate notice for such hearing. 

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to 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 p.m. on October 9, 2024. 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/infodetails/ 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.

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/executiveoffice- of-health-and-human-services-public-hearings.

September 18, 2024

CMR No: 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:

  EOHHS anticipates enrolling eight homeless medical respite providers, some of which may be small businesses.
  

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

  Yes. Small businesses that elect to apply and that are eligible to participate in the MassHealth doula or homeless medical respite program will be subject to reasonable reporting requirements as a condition of participation.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Small businesses that elect to apply and that are eligible to participate in the MassHealth doula or homeless medical respite program will be subject to reasonable record keeping requirements as a condition of participation.

• 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 to accomplish the regulatory objective of establishing program regulations for EOHHS health care 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. Small businesses that elect to apply and that are eligible to participate in the MassHealth doual or homeless medical respite program are required to cooperate with reasonable audits or inspections that MassHealth may determine necessary to manage and monitor the program.

• 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.  

CMR No: 130 CMR 458.000
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:

  Yes. EOHHS anticipates enrolling eight homeless medical respite sites as eligible providers.
  

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

  Yes. Small businesses that elect to apply and that are eligible to participate in the MassHealth Homeless Medical Respite program will be subject to reasonable record keeping requirements as a condition of participation.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Small businesses that elect to apply and that are eligible to participate in the MassHealth Homeless Medical Respite program will be subject to reasonable record keeping requirements as a condition of participation.

• 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 to accomplish the regulatory objective of establishing program regulations for EOHHS health care services. MassHealth is authorized, under M.G.L. Chapter 118E, Section 12, to establish regulations necessary to implement the MassHealth program, including the newly proposed MassHealth Homeless Medical Respite program.
  

• 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. Small businesses that elect to apply and that are eligible to participate in the MassHealth Homeless Medical Respite program are required to cooperate with reasonable audits or inspections that MassHealth may determine necessary to manage and monitor the program.

• 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 between small and other businesses would not be practicable to implement the proposed regulation.  

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

  No.