Notices of Public Hearing (Published 10/13/2023)
Occupational Licensure, Division of
801 CMR 2.04 –Fees for Licenses, Permits, and Services
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT
Pursuant to Massachusetts General Laws c. 30A and c. 13, s. 92; and c. 112, ss. 176 and 283, a public hearing will be held on behalf of the Executive Office for Administration and Finance by the Board of Registration of Real Estate Appraisers, regarding 801 CMR 4.02, Fees for Licenses, Permits, and Services to be Charged by State Agencies, regarding proposed new fees for licensing appraisal management companies and corrections to licensing fees for individual appraisers.
Scheduled hearing date and time: 10:30 a.m. on Friday, October 20, 2023
This hearing will be held in person at:
Division of Occupational Licensure
1000 Washington Street –
Room 1B
Boston, Massachusetts 02118
By videoconference at https://www.microsoft.com/enus/microsoft-teams/join-a-meeting,
Meeting ID: 255 910 054 637,
Passcode: Wfnd7W,
Or call in
to:
(857) 327-9245, Phone Conference ID: 223 432 563#.
Interested parties will be given an
opportunity to present testimony orally or in writing at the hearing. Written comments may be
emailed to kristin.m.mitchell@mass.gov or mailed to :
Attention: Kristin Mitchell, Executive Director.
Board of Registration of Real Estate
Appraisers
1000 Washington Street, Suite 710
Boston, Massachusetts, 02118-6100
A copy of the proposed new fees and corrected fees may
be obtained at the Board’s website at Board of Registration of Real Estate Appraisers | Mass.gov or by contacting Ms. Mitchell at 617-894-4502.
The Board will also accept written comments regarding the regulations until 5:00 p.m. on Friday October 20, 2023.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c.
30A, § 2 attached.
801 CMR 2.04
Small Business Impact Statement
The proposed corrections to license fees for individual appraisers do not change the fees currently charged, thus there is no impact. See lines 1-17, 801 CMR 4.02(264) There are approximately 151 appraisal management companies licensed in Massachusetts, the large majority of which are NOT believed to be small businesses. NOTE: LICENSURE IS NOT REQUIRED FOR SMALL AMC ENTITIES (those that within a given 12-month period, oversee an appraiser panel of less than 16 individual appraisers in MA only, or less than 25 appraisers in 2 or more states); this information applies to each answer in this Small Business Impact Statement.
-
Will small businesses have to create, file, or issue additional reports?
No. NOTE: LICENSURE IS NOT REQUIRED FOR SMALL AMC ENTITIES (those that within a given 12-month period, oversee an appraiser panel of less than 16 individual appraisers in MA, or less than 25 appraisers in 2 or more states); this information applies to each answer in this Small Business Impact Statement. For larger AMCs with appraiser panels larger than those minimum sizes, which must register to be licensed, the proposed fees do not require additional reporting by regulated parties.
-
Will small businesses have to implement additional recordkeeping procedures?
No. The proposal does not change license fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, the proposed fees do not expand recordkeeping requirements beyond the separately proposed, underlying regulations setting qualifications for licensure. Will small businesses have to provide additional administrative oversight?
No. Licensure is not required for small AMCs, as explained above. For larger AMCs, the proposed fees do not affect requirements for administrative oversight of AMCs.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Licensure is not required for small AMCs, as explained above. For individual appraisers and larger AMCs that must register, the proposed fees do not impose requirements that would require hiring more employees.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
accountant, engineer, etc.)?No. Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, these fees do not require hiring of 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 proposal does not change license fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, these fees do not require any AMC to purchase a product or make any capital investment to comply.Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
No. (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.) Not applicable, because licensing required by statute cannot be replaced with operational standards. Prerequisites for AMC licensure must meet specific federal guidelines. This section does not depart
from federal guidelines.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 proposal does not change license fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, these fees do not require AMCs to cooperate with Board requests for information or enforcement activities, other than the requirement to pay the fee.Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. These fees do not require small businesses to provide educational services.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The proposal does not change license fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, the cost of mandatory licensing and the proposed fees are designed to have minimal impact on regulated parties, and licensing is rewarded because it qualifies AMCs to be listed on the National Registry, where they gain increased exposure to the market for their services. Thus the fees will not deter formation of businesses.Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The fee is unlikely to encourage formation of small businesses.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposal does not change license fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCs that must register, qualification requirements must meet minimum federal requirements, thus different fees for smaller businesses would not cover the state’s overhead.Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation only adopts fees for mandatory licensing of AMCs and thus does not affect schedules or deadlines for compliance or reporting.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposal does not change fees for individual appraisers.
Licensure is not required for small AMCs, as explained above. For larger AMCS that are required to register, the proposed fees do not reduce compliance or reporting requirements.Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. Not applicable, licensing requirements set by law cannot be replaced with operational standards.
Prerequisites for AMC licensure must meet specific federal guidelines. This section does not depart from federal guidelines.Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The Division of Occupational Licensure is required by G.L. c. 112, § 283 to collect fees for mandatory licensing; the proposed fees are commensurate with the costs of providing this public service and are comparable to fees charged by other states; as a result, they cannot be reduced for small businesses without offsetting increases in fees for larger businesses.
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Commonwealth Health, Insurance Connector Authority:
956 CMR 12.00 - Eligibility, Enrollment, and Hearing Process for Connector Programs
NOTICE OF PUBLIC HEARING
Under the provisions of M.G.L. c. 30A and pursuant to the regulatory authority found in St. 2006, c. 58, the Commonwealth Health Insurance Connector Authority (“Connector”) will conduct a public hearing for the purpose of gathering comments, ideas, and information concerning the following emergency amendments to existing regulations:
956 CMR 12.00: Eligibility, Enrollment, and Hearing Process for Connector Programs
The purpose of the amendments to existing regulation 956 CMR 12.00 is to change the eligibility cutoff for the ConnectorCare program from 300 percent of the federal poverty level to 500 percent of the federal poverty level, in order to effectuate the two-year pilot program contained within Section 81 of Chapter 28 of the Acts of 2023.
The hearing will be held online at the following date and time, and can be accessed using the below
information:
Zoom Meeting: https://us06web.zoom.us/j/88406257535?pwd=w7qnbiUf5ueokC6ye0W98lmgFkiIg7.1
Meeting ID: 884 0625 7535
Passcode: 884 0625 7535
One tap mobile
+13052241968,,88406257535# US
+13092053325,,88406257535# US
These amended regulations were approved by the Connector Board on August 14, 2023, on an
emergency basis, and filed with the Secretary of the Commonwealth on August 15, 2023. A copy of the
amended regulations and hearing rules may be obtained from the:
Commonwealth Health Insurance
Connector Authority,
100 City Hall Plaza, 6th Floor,
Boston, MA 02108
during normal business hours
or on the web at www.mahealthconnector.org, by hovering the cursor over “About” and selecting
“Rules & Regulations” from the drop down menu. All persons desiring to be heard on these matters
should appear for the online hearing at the designated time.
Written comments in advance of the hearing
and at the hearing are welcome and if mailed, should be sent to the same address:
Attention to Andrew
R. Egan: Public Comments, or emailed to connector-legal@state.ma.us.
Written Comments will be
accepted until October 25, 2023 at 4 P.M.
956 CMR 12.000 - Eligibility, Enrollment, and Hearing Process for Connector Programs
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
To Whom it May Concern:
Enclosed, please find a “Small Business Impact Statement” Addressing the impact, if any, of
the proposed amendments to 956 CMR 12.00 on small businesses in the Commonwealth.
The purpose of the amendments to existing regulation 956 CMR 12.00 is to change the eligibility
cut-off for the ConnectorCare program from 300 percent of the federal poverty level to 500
percent of the federal poverty level, in order to effectuate the two-year pilot program
contained within Section 81 of Chapter 28 of the Acts of 2023. Because these regulations
concern the eligibility rules for the Commonwealth’s health insurance affordability program for
individuals who do not have access to health insurance from another source, including from
their employer, there is no anticipated impact on small businesses, including that there
is no projected reporting, recordkeeping, or other administrative cost required for compliance
with the amendments.
Because there is no impact on small businesses, there is no distinction between performance
standards or design standards. Further, there are no other regulations of the Commonwealth
Health Insurance Connector Authority, or any other state agency, which may duplicate or
conflict with the amended regulation.
The Commonwealth Health Insurance Connector Authority does not expect that these amendments
will be likely to have any effect on the formation of new business in the state.
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Health and Human Services, Executive Office of
101 CMR 206.00: Standard Payments to Nursing Facilities
101 CMR 327.00: Rates for Ambulance and Wheelchair Van Services
101 CMR 337.00: Rates for Chronic Maintenance Dialysis Treatments and Home
Dialysis Supplies
101 CMR 347.00: Rates for Freestanding Ambulatory Surgery Center Services
Notice of Public Hearing
101 CMR 206.00: Standard Payments to Nursing Facilities
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, October 20, 2023, at 1 p.m. relative to the emergency adoption of
amendments to the following regulation.
The proposed amendments to 101 CMR 206.00 implement Fiscal Year 2024 (FY24)
budget requirements. The following adjustments are being proposed to the rates,
consistent with the FY24 budget:
- 1. Applying a cost adjustment factor of 21.94% to 2019 costs;
- 2. Increasing the cap on capital payments from $37.60 to $50.00;
- 3. Updating rates to reflect the migration from the Management Minute Questionnaire (MMQ) Assessment to be a Patient Driven Payment Model (PDPM), which is based on the Minimum Data Set (MDS) Assessment and are consistent with amendments to 130 CMR 456.000: Long Term Care Services; and.
- 4. Expanding the number of facilities eligible for the Substance Use Disorder rate add- on and creating a special add-on during the induction period.
The proposed amendments also amend certain aspects of existing rate adjustments, add-ons, and flat rates. Additionally, the proposed amendments remove the descriptions of supplemental payment programs that have ended, such as certain supplemental payments related to COVID-19, the Prospective Annualized SFY 2023 Monthly Supplemental Payment, and the Patient Transitions Program Supplemental Payments.
The regulation will go into effect as an emergency on October 1, 2023. The annual fiscal
impact of these amendments for the MassHealth Fee for Service Nursing Facility
program is estimated to be $113,931,000.
To register to testify at the hearing and to get instructions on how to join the hearing
online, go to www.mass.qov/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-regulationsmass.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, October 20, 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.qoviservice-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 ADAAccommodationsAmass.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.qov/service-details/executiveoffice-of-health-and-human-services-public-hearings.
September 21, 2023
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 Friday, October 27, 2023, at 9 a.m. relative to the emergency adoption of amendments to the following regulation.
101 CMR 327.00: Rates for Ambulance and Wheelchair Van Services
The regulation went into effect as an emergency on September 29, 2023. There is no
fiscal impact on cities and towns.
The proposed amendments adjust the supplemental payment methodology for
nonpublic ambulance providers to reflect differing payment rates depending on
Emergency Medical Service (EMS) regions and classifications of nonpublic
ambulance providers (for-profit, non-profit hospital affiliated; and other non-profit).
These changes are intended to take effect in the first quarter of the state fiscal year
2024, no later than September 29, 2023. To be eligible for this supplemental
payment, an ambulance provider must be nongovernmental, licensed by the
department of public health under section 6 of chapter 111C of the Massachusetts
General Laws, and enrolled as a provider for the Massachusetts Medicaid program
(“MassHealth”).
EOHHS is making these changes, subject to federal approval, to increase MassHealth
members’ access to medical services, and further the sustainability of services provided
by nonpublic ambulance providers. These supplemental payments will be based on
nonpublic ambulance service providers’ Medicaid fee-for-service emergency and
nonemergency transports. The changes are not projected to change annual aggregate
MassHealth fee-for-service expenditures.
The payments to eligible nonpublic ambulance providers described above shall not
exceed the sum of the difference between the Medicaid payments otherwise made to
these providers for the provision of ambulance services and the amount that would have
been paid at the equivalent average commercial rate, as determined by EOHHS. They
will be paid periodically, after the end of each quarter of relevant utilization.
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 October 27, 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-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.
October 6, 2023
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 Friday, October 20, 2023, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 337.00: Rates for Chronic Maintenance Dialysis Treatments and Home
Dialysis Supplies
The proposed regulation contains rates effective for dates of service on or after April 1,
2024. There is no fiscal impact on cities and towns.
EOHHS proposes to apply a retrospective cost adjustment factor (CAF) of 10.67% to
the bundled rate for dialysis procedures (code 90999), increasing the bundled rate from
$185.18 to $204.94. EOHHS is also proposing to add oral calcimimetics as a separately
covered drug under 101 CMR 337.00 and pay using procedure code J0604 at a
proposed rate of $0.01 per mg.
EOHHS is also proposing to cover the treatment of acute kidney injury (AKI) services in
renal dialysis clinics. The rate for AKI services will be established at the same rate as
the proposed dialysis bundled rate for code 90999, $204.94. AKI services will be billed
separately from the dialysis bundled code using code G0491.
The estimated annual aggregate fiscal impact as a result of the proposed amendments
is $2.0 million. The amendments are not anticipated to impose new costs on small
businesses, and any impact on small business providers will vary based on the volume
of services provided.
EOHHS is making these changes, subject to federal approval, to ensure that payments
are reasonable and adequate to meet the costs that must be incurred by efficiently and
economically operated facilities. The changes are also intended to ensure that payment
rates are consistent with efficiency, economy, and quality of care.
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 October 27, 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/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.
October 6, 2023
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 Friday, October 20, 2023, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 347.00: Rates for Freestanding Ambulatory Surgery Center Services
The proposed regulation contains rates effective for dates of service on or after
February 2, 2024. There is no fiscal impact on cities and towns.
Under M.G.L. Chapter 118E, Section 13D, the Executive Office of Health and Human
Services (EOHHS) is required to establish and periodically review the rates to be paid
by governmental units for non-institutional health care services, including rates of
payment for freestanding ambulatory surgery center services (FASC). EOHHS is
proposing to maintain current rates for all FASC services established in 101 CMR
347.00. EOHHS is also proposing to expand coverage by adding 76 procedure codes
as payable codes under the MassHealth FASC program. These additional procedure
codes will be added to the MassHealth program regulation under Subchapter 6. In
addition, the proposed amendments will update procedure codes in accordance with the
January 2023 Centers for Medicare & Medicaid Services (CMS) Ambulatory Surgery
Center (ASC) file.
The estimated annual aggregate fiscal impact of the proposed amendments is $1.1
million.
EOHHS is making these changes, subject to federal approval, to ensure that payments
are reasonable and adequate to meet the costs that must be incurred by efficiently and
economically operated facilities, and to ensure that payment rates are consistent with
efficiency, economy, and quality of care.
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 October 27, 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/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.
September 22, 2023
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)
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. The regulation is required by statute under MGL Chapter 118E Section 13C, and establishes the rates to be paid by governmental units to providers of non-institutional health care services.
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 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.
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. 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.
-
101 CMR 337.00: Rates for Chronic Maintenance Dialysis Treatments and Home Dialysis Supplies
Small Business Impact Statement(to be renamed “Rates for Dialysis Treatments and Home Dialysis Supplies”)
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
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 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?
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 regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, since it governs payments for renal dialysis 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 regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, since it governs payments for renal dialysis 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. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
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, governs payments for renal dialysis services provided to publicly aided individuals, and is applied uniformly among providers.
-
101 CMR 347.00: Rates for Freestanding Ambulatory Surgery Center Services
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
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 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 continues to require providers to periodically comply with audits, inspections, and other regulatory activities.
-
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for FASC 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 regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts as this regulation governs payments for FASC 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. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly among all providers.
-
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 FASC services provided to publicly aided individuals and is applied uniformly among providers.
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Insurance, Division of
211 CMR 156.000: Proposed Regulations for Dental Benefit Plans
NOTICE OF PUBLIC HEARING: Docket No. G2023-01
Pursuant to the authority granted to the Commissioner of Insurance (“Commissioner”)
under M.G.L. c. 176X, § 2, a public hearing will be held on October 26, 2023 at 10:30 a.m. to
hear comments on a proposed regulation for Dental Benefit Plans, 211 CMR 156.00. The
hearing will be held virtually using TEAMS, a digital meeting program. The proposed
regulation is posted and available for inspection on the Division’s website:
http://www.mass.gov/doi.
The purpose of this regulation is to implement and provide guidance on the requirements
of M.G.L. c. 176X, created by Chapter 287 of the Acts of 2022 and effective as of February 6,
2023. The regulation applies to dental benefit plans, as defined in M.G.L. c. 176X, that are
issued, made effective, delivered or renewed in Massachusetts on or after January 1, 2024.
This proceeding has been designated as Docket No. G2023-01. Any person requesting to
comment orally on the proposed regulation at the virtual hearing must submit to
doidocket.mailbox@mass.gov a Notice of Intent to Comment no later than October 23, 2023 at
5:00 P.M. Any other person requesting to attend the hearing must register at
doidocket.mailbox@mass.gov no later than 12:00 p.m. on October 24, 2023. All notices or
requests must include the person’s name, telephone number and email address. An email with
instructions for joining the hearing will be sent on the afternoon of October 25, 2023, no later
than 5:00 P.M.
Any person who wishes to submit written comment on the proposed regulations may
send a statement by electronic mail to:
doidocket.mailbox@mass.gov no earlier than 12:00 p.m.
on October 26, 2023.
Post-hearing written comments may be submitted by electronic mail no
later than November 2, 2023 at 5:00 P.M. or such other date as ordered by the presiding officer. All notices and written statements must refer to DOI Docket No. G2023-01.
211 CMR 156.000
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
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.)Yes. This regulation was written in a performance standard manner where appropriate.
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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Medical Assistance, Division of
130 CMR 502.000: Health Care Reform: MassHealth: Eligibility Process
Under the authority of 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 regulation.
130 CMR 502.00: Health Care Reform: MassHealth: Eligibility Process
It is anticipated that these amendments will not go into effect before February 2024.
There is no fiscal impact on cities and towns.
Proposed amendments to 130 CMR 502.000 update the start date regulations for those
who are pregnant, and for children under the age of 18 who are eligible to receive up to
three months of retroactive coverage if they inform MassHealth that they have medical
bills during the three-month period before the date MassHealth received the application.
Start date rules surrounding whether an applicant met the one-time deductible were
also removed due to deductible rules being removed from CommonHealth per the most
recent 1115 waiver, and changes to adhere to gender neutrality were also made
throughout the regulation.
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, October 20, 2023.
The Division specifically invites comments as to how the amendments may
affect beneficiary access to care.
All persons desiring to review the current draft of the proposed 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 revised version of the proposed regulation taking into account
relevant comments and any other practical alternatives that come to its attention.
130 CMR 502.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
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 purpose of 130 CMR 502.000 is to describe general MassHealth eligibility process for the MAGI/1115 waiver population of applicants and members.
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. The purpose of 130 CMR 502.000 is to describe general MassHealth eligibility process for the MAGI/1115 waiver population of applicants and members.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The purpose of 130 CMR 502.000 is to describe general MassHealth eligibility process for the MAGI/1115 waiver population of applicants and members.
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Real Estate Appraisers, Board of Registration
264 CMR 13.00: Appraisal Management Companies, which establish
licensing requirements for appraisal management companies (AMC).
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT
Pursuant to Massachusetts General Laws c. 30A, s. 2; c. 13, s. 92; and c. 112, ss. 175 and 278, the Board of Registration of Real Estate Appraisers will hold a public hearing regarding proposed new regulations 264 CMR 13.00, Appraisal Management Companies, which establish licensing requirements for appraisal management companies (AMC).
The hearing will be held
at 9:30 a.m. on Friday, October 20, 2023. In person at:
Division of Occupational Licensure
1000 Washington Street – Room 1B,
Boston, Massachusetts 02118
Or Video conference at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, Meeting ID: 255 910 054
637, Passcode: Wfnd7W,
or call in to (857) 327-9245, Phone Conference ID: 223 432 563#.
Interested parties will be given an opportunity to present testimony orally or in writing at the
hearing. Written comments may be emailed to kristin.m.mitchell@mass.gov or mailed to the:
Board of Registration of Real Estate Appraisers,
1000 Washington Street, Suite 710,
Boston,
Massachusetts, 02118-6100,
Attention: Kristin Mitchell, Executive Director.
A copy of the
proposed new fees and corrected fees may be obtained at the Board’s website at Board of
Registration of Real Estate Appraisers | Mass.gov or by contacting Ms. Mitchell at 617-894-
4502.
The Board will also accept written comments regarding the regulations until 5:00 p.m. on
Friday October 20, 2023.
264 CMR 13.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
Will small businesses have to create, file, or issue additional reports?
Yes. If an AMC is a small business, this section requires reporting of certain ownership changes.
Will small businesses have to implement additional recordkeeping procedures?
Yes. If an AMC is a small business, this section requires it to keep track of the number of appraisers it has engaged on its panel during the one-year licensing period.
Will small businesses have to provide additional administrative oversight?
Yes. If an AMC is a small business, its core operation is administrative oversight of appraisers and their contracts and reports; this section also requires each AMC to keep track of the number of appraisers it has engaged on its panel during the one-year licensing period, as well as review some appraisal reports
during that cycle.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. Prerequisites for licensure must be based on exact operational standards to meet specific federal guidelines. This section does not depart from federal guidelines.
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. This section requires AMCs to cooperate with Board requests for information and with 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 economic advantages of forming an AMC are sufficient to overcome the incremental requirements of this regulation, as AMCs help lending institutions meet requirements for federally regulated transactions. Thus its mandate will not deter formation of businesses.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is unlikely by itself to create business.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. Qualification requirements for licensure of AMCs are linked to federal regulations which must be followed in all cases, thus different compliance requirements for smaller businesses would not be possible.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. Education and work experience requirements for licensure are linked to federal appraisal guidelines which must be followed in all cases, thus different schedules or deadlines for compliance or reporting requirements would not be possible.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This section is a new section of regulations, thus it does not reduce requirements for any sector of the industry.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. Rules for obtaining licensure of AMCs must be based on exact operational standards to meet specific federal requirements.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. This section mandates equal requirements for all prospective licensees, thus it could not fairly reduce those requirements for any one sector of the industry.
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Treasurer & Receiver General, Office of the State
960 CMR 7.00: Procedures for
the Administration of Certain Bonuses Awarded To Eligible Service Members
NOTICE OF PUBLIC HEARING
Notice is hereby given that in accordance with M.G.L. c. 30A, §2, the Commonwealth of Massachusetts Office of the Treasurer and Receiver General will hold a public hearing to gather 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:
Tuesday,
October 24, 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
88305960422# (Passcode 179624) when prompted.
The public hearing can also be accessed by
entering the following link: State Treasury Public Hearing-Veterans Bonus
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 5:00 p.m. on Wednesday, October 25, 2023.
Below 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)
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?
Yes. Performance standards are more appropriate than design/operational standards to accomplish the regulatory objective.
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 to be consistent with STO’s proposed Regulations at 960 CMR 7.00. EOVS has indicated that it supports the STO in the administration of the Gulf War Bonus and is considering repealing its Regulations. EOVS did not provide any public comment regarding the proposed Regulations.
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?
Yes. By providing bonuses to veterans, the proposed Regulations may encourage the formation of small businesses in Massachusetts.
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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