Notices of Public Hearing (Published 10/24/2025)
Office of the Attorney General,
940 CMR 11.00
Notice of Public Hearing and Comment Period
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Office of the Attorney General (AGO) will hold a public hearing and comment period on proposed amendments of the following regulation:
940 C.M.R. 11.00 (promulgated pursuant to c. 66A § 3)
The proposed regulations will amend the sections of 940 CMR 11.00 that govern the AGO's collection, maintenance, and dissemination of certain information, defined as personal data by M.G.L. c. 66A § I, in order to better effectuate the purposes of M.G.L. c 66A.
The hearing will be held virtually on November 5, 2025 at 10:00 a.m. To attend the hearing, please visit: https://shorturl.at/0vCgx.
Individuals who provide notice of their intent to testify will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to provide notice of their intent to testify by emailing the address below with the subject line: "Regulation Hearing Comment - 940 CMR 11. 00." Written comments will be accepted until 5:00 pm on November 5,2025.
All written comments submitted to the AGO are a public record in their entirety and will be provided in response to a public records request.
Email: Lisa.J.Sears@mass.gov
Postal Mail: Massachusetts Office of the Attorney General
Attn: Policy & Government Affairs Division
One Ashburton Place, 20th Floor
Boston, MA 02108
A copy of the proposed amendments to 940 CMR I 1.00 may be obtained by contacting the above address or email address or by visiting: https://www.mass.gov/info-details/attorney-generals-policy-government-affairs-division.
To request interpretive services, please submit your request at least five (5) business days prior to the public hearing.
940 CMR 11.00
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:
None
-
Will small businesses have to create, file, or issue additional reports?
No.
-
Will small businesses have to implement additional recordkeeping procedures?
No.
-
Will small businesses have to provide additional administrative oversight?
No.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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Center for Health Information and Analysis
957 CMR 2.00, 8.00 & 10.00
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of M.G.L. c. 12C and in accordance with M.G.L. c. 30A, the Center for Health Information and Analysis (CHIA) will hold a remote public hearing on Thursday, November 6, 2025 at 10:00 A.M. relative to the adoption of amendments to the following regulations:
957 CMR 2.00 - Payer Data Reporting
957 CMR 8.00 - APCD And Case Mix Data Submission
957 CMR 10.00 - Health Care Payers Premiums And Claims Data Reporting Requirements
The amended regulations govern CHIA’s data reporting requirements for payers and providers. The proposed amendments align the penalty language in each of these regulations with changes made to M.G.L. c. 12C, § 11 by Chapters 342 and 343 of the Acts of 2024. The proposed amendments also clarify CHIA’s process for providing detailed data reporting specifications to reporting entities. Additional changes to 957 CMR 2.00 clarify and add requirements for payer data reporting. Additional changes to 957 CMR 10.00 clarify and add requirements for health care payer premiums and claims data reporting.
It is anticipated that payers and providers will incur no additional administrative costs resulting from the proposed changes to this regulation. There is no fiscal impact on cities and towns and no fiscal impact on small businesses.
If you plan to testify at the hearing, CHIA strongly encourages you to register in advance by emailing CHIA-Regulations@state.ma.us. Individuals may also submit written testimony to the same email address. Please include the name of the regulation in the subject line of your email. All submissions must include the sender’s full name, mailing address, and organization or affiliation (if applicable). Individuals who are unable to submit testimony by email should mail written testimony to the Center for Health Information and Analysis, 501 Boylston Street, Suite 5100, Boston, MA 02116. Written testimony must be submitted by 5:00 P.M. on Monday, November 17, 2025. This notice and copies of the proposed regulations may be viewed on CHIA’s website at www.chiamass.gov/regulations.
To join the remote hearing online, go to:
https://us02web.zoom.us/j/89778087855?pwd=I7TKomgKliJPRCpIqbcmOZja58GWZz.1, and enter Meeting ID: 897 7808 7855 and Passcode: 609414.
To join the remote hearing by phone, call 1-646-518-9805 or 1-646-558-8656, and enter Meeting ID: 897 7808 7855 and Password: 609414 when prompted.
957 CMR 2.00, 8.00 & 10.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
In order to accurately predict the impact the adoption, amendment, or repeal of a regulation will have on small businesses, the promulgating authority must conduct a thorough analysis that not only considers the potential effects of the action but also quantifies the costs, if any, associated with each. The questions below are designed to aid promulgating authorities in conducting their analysis.
Agency Submitting Regulation: Center for Health Information and Analysis (“CHIA”)
Subject Matter of Regulation: Payer and Provider Data Reporting; Monetary Penalties
Regulation No: 957 C.M.R. 2.00, 8.00, and 10.00.
Statutory Authority: M.G.L. c. 12C
Other Agencies Affected: None
Other Regulations That May Duplicate or Conflict with the Regulation: None
Describe the Scope and Objectives of the Regulation: Each regulation will be amended to align with changes made to M.G.L. c. 12C, § 11 by Chapters 342 and 343 of the Acts of 2024, which increased the amount of monetary penalties CHIA may impose for failure to comply with reporting requirements. Each regulation is also being amended to clarify CHIA’s process for providing detailed data reporting specifications to reporting entities. Additional changes to 957 CMR 2.00 clarify and add requirements for payer data reporting. Additional changes to 957 CMR 10.00 clarify and add requirements for health care payer premiums and claims data reporting.
Business Industry(ies) Affected by the Regulation: Health care
Types of Businesses Included in the Industry(ies): Private health care payers, providers, and provider organizations who are required to submit data to CHIA.
Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidance documents for assistance determining the total number of small businesses: None.
Number of Small Businesses Potentially Subject to the Proposed Regulation: None
Effective Date Used In Cost Estimate: September 18, 2025
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
0
-
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 standards?
No.
Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?
No.
Will the regulation have the effect of creating additional taxes and/or fees for small businesses?
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.
Can the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposed regulations apply uniform reporting requirements to each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation applies uniform schedules for each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can the compliance or reporting requirements be consolidated or simplified for small businesses?
No. The regulation applies uniform reporting requirements to each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can performance standards for small businesses replace design or operational standards?
No. The proposed regulations create uniform data reporting standards for each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The proposed regulations are not expected to have an adverse impact on small businesses.
Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe.
No. The proposed regulations are not expected to affect small businesses
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Center for Health Information and Analysis
957 CMR 12.00
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of M.G.L. c. 12C and in accordance with M.G.L. c. 30A, the Center for Health Information and Analysis (CHIA) will hold a remote public hearing on Thursday, November 20, 2025 at 10:00 A.M. relative to the adoption of the following new regulation:
957 CMR 12.00 – PHARMACY BENEFIT MANAGER REPORTING
The new regulation will govern CHIA’s reporting requirements for Pharmacy Benefit Managers, which were added to M.G.L. 12C by Chapter 342 of the Acts of 2024. It is anticipated that Pharmacy Benefit Managers will incur no additional administrative costs resulting from the proposed new regulation. The new regulation will have no fiscal impact on cities and towns and no fiscal impact on small businesses.
If you plan to testify at the hearing, CHIA strongly encourages you to register in advance by emailing regulations@chiamass.gov. Individuals may also submit written testimony to the same email address. Please include the name of the regulation in the subject line of your email. All submissions must include the sender’s full name, mailing address, and organization or affiliation (if applicable). Individuals who are unable to submit testimony by email should mail written testimony to the Center for Health Information and Analysis, 501 Boylston Street, Suite 5100, Boston, MA 02116. Written testimony must be submitted by 5:00 P.M. on Monday, December 1, 2025. This notice and copies of the proposed regulations may be viewed on CHIA’s website at www.chiamass.gov/regulations.
To join the remote hearing online, go to: https://us02web.zoom.us/j/82057444710?pwd=v4ThrOOFUSJkVlgxCBwIaC9a6Ob73y.1, and enter Meeting ID: 820 5744 4710 and Passcode: 409239.
To join the remote hearing by phone, call 1-646-518-9805 or 1-646-558-8656, and enter Meeting ID: 820 5744 4710 and Password: 409239when prompted.
957 CMR 12.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
In order to accurately predict the impact the adoption, amendment, or repeal of a regulation will have on small businesses, the promulgating authority must conduct a thorough analysis that not only considers the potential effects of the action but also quantifies the costs, if any, associated with each. The questions below are designed to aid promulgating authorities in conducting their analysis.
Agency Submitting Regulation: Center for Health Information and Analysis (“CHIA”)
Subject Matter of Regulation: Payer and Provider Data Reporting; Monetary Penalties
Regulation No: 957 C.M.R. 12.00.
Statutory Authority: M.G.L. c. 12C
Other Agencies Affected: None
Other Regulations That May Duplicate or Conflict with the Regulation: None
Describe the Scope and Objectives of the Regulation: This regulation implements the annual Pharmacy Benefit Manager reporting requirements for CHIA that were added to CHIA’s statute, M.G.L. c. 12C, by Chapter 342 of the Acts of 2024.
Business Industry(ies) Affected by the Regulation: Health care
Types of Businesses Included in the Industry(ies): Pharmacy benefit managers
Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidance documents for assistance determining the total number of small businesses: Please see the attached guidance documents for assistance determining the total number of small businesses: None.
Number of Small Businesses Potentially Subject to the Proposed Regulation: None
Effective Date Used In Cost Estimate: October 3, 2025
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
0
-
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 standards?
No. The proposed regulations create uniform data reporting standards for Pharmacy Benefit Managers to ensure Massachusetts has consistent, comprehensive health care databases.
Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?
No.
Will the regulation have the effect of creating additional taxes and/or fees for small businesses?
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.
Can the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposed regulations apply uniform reporting requirements to each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation applies uniform schedules for each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can the compliance or reporting requirements be consolidated or simplified for small businesses?
No. The regulation applies uniform reporting requirements to each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Can performance standards for small businesses replace design or operational standards?
No. The proposed regulations create uniform data reporting standards for each entity in a given category of data submitter to ensure Massachusetts has consistent, comprehensive health care databases.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The proposed regulations are not expected to have an adverse impact on small businesses.
Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe.
No. The proposed regulations are not expected to affect small businesses
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Executive Office of Energy and Environmental Affairs
301 CMR 41.00
NOTICE OF PUBLIC HEARING
The Massachusetts Executive Office of Energy and Environmental Affairs will hold a public hearing on proposed amendments to 301 CMR 41.00: Toxic or Hazardous Substance List as authorized by the Toxics Use Reduction Act (TURA, G.L. c. 21I). Please note that this hearing will be conducted remotely.
These amendments will add nine per- and polyfluoroalkyl substances (PFAS) to the TURA List, pursuant to a vote by the Administrative Council on Toxics Use Reduction on May 21, 2025. USEPA added these substances to the federal Toxics Release Inventory (TRI) under EPCRA Section 313 in 2024. G.L. c. 21I, § 9 requires the Administrative Council to adjust the TURA List annually to add substances consistent with changes in the TRI list
A public hearing via Zoom will be conducted from 2:00-4:00 PM on Friday, November 14, 2025, to receive comments on the proposed amendments. Testimony may be presented orally at the hearing or may be submitted in writing. Meeting access information is below:
Join Zoom Webinar: https://zoom.us/j/93503027671
Webinar ID: 935 0302 7671
Find your local number: https://zoom.us/u/acLDWywvcd
Simultaneous interpretation, including ASL, will be provided at this virtual hearing in the following languages: Spanish, Portuguese, Chinese, Haitian Creole, and Vietnamese.
Written testimony will be accepted until 5 PM on November 14, 2025.
Written testimony may be submitted via email to Tiffany Skogstrom at tiffany.skogstrom@mass.gov or via mail to:
Tiffany Skogstrom, Executive Director
TURA Administrative Council, Executive Office of Energy and Environmental Affairs
100 Cambridge Street, 10th Floor
Boston, MA 02114.
Copies of the proposed regulations are available on the Executive Office of Energy and Environmental Affairs web site at https://www.mass.gov/tura-regulations-and-amendments, or may be obtained by sending an email or calling Tiffany Skogstrom at 857-275-1561.
Reasonable accommodations for people with disabilities are available upon request. To submit a request for an accommodation please email eeadiversity@mass.gov or call 617-872-3270, and an ADA Coordinator will receive your request. Please include a description of the request in as much detail as possible and a way we can contact you if we need more information. Please allow at least two weeks (14 days) advance notice. Last-minute requests will be accepted but we may be unable to fulfill the request.
Translations of this notice are available in Spanish, Portuguese, Chinese, Haitian Creole, and Vietnamese at https://www.mass.gov/tura-regulations-and-amendments.
This document contains important information. Please have it translated immediately.
CMR No: 301 CMR 41:00 Toxic or Hazardous Substance List
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
0-3
-
Will small businesses have to create, file, or issue additional reports?
Yes. Regulated manufacturers using above the threshold amount of listed substances will be required to report their use of the listed substances.
-
Will small businesses have to implement additional recordkeeping procedures?
No. Regulated manufacturers are required to develop and use a tracking system. However, they already must track use for federal annual waste and emissions reporting for substances that are on the EPA EPCRA 313 list, including the substances included in this regulation.
-
Will small businesses have to provide additional administrative oversight?
No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to provide additional oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to hire additional employees to comply
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to hire other professionals to comply.
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. TURA is neither a performance nor a design standard, but employs right to know disclosure and what has been termed a "management" standard. It leaves the decision of whether to switch substances or make manufacturing process changes up to the manufacturer based on the self-evaluation of their business needs. This approach ensures that companies subject to TURA only undertake changes that are technically and financially feasible and make good business sense.
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.
Will the regulation have the effect of creating additional taxes and/or fees for small businesses?
Yes. The reports that are submitted to the MassDEP are accompanied by an annual reporting fee. If a facility reduces use below threshold, the fee no longer applies.
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.
Can the regulation provide for less stringent compliance or reporting requirements for small businesses?
Yes. TURA exempts manufacturers with fewer than 10 full-time equivalent employees. All large quantity toxics users above this threshold are subject to the same reporting and compliance requirements, but the fee varies by the size of the manufacturer (number of employees), with smaller manufacturers paying significantly less than larger manufacturers. The law also allows manufacturers to remove themselves from the regulatory requirements by reducing use below threshold amounts.
Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for less stringent schedules or deadlines for compliance.
Can the compliance or reporting requirements be consolidated or simplified for small businesses?
No. All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for consolidation or simplified reporting. However, the TURA Program may assist small manufacturing businesses with compliance by targeting assistance services, outreach, research, and grant programs to users of substances on the TURA List.
Can performance standards for small businesses replace design or operational standards?
No. The design of the program is established by statute.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe
Yes. Announcement of the public meetings with an agenda was sent to the list of TURA program stakeholders that are notified of each Administrative Council and Advisory Committee meeting.
Are there regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation?
No.
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Executive Office of Health and Human Services
101 CMR 206.00
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 Friday, October 31, 2025, at 10 a.m. relative to the emergency adoption of amendments to the following regulation.
101 CMR 206.00: Standard Payments to Nursing Facilities
The proposed amendments to 101 CMR 206.00 implement Fiscal Year 2026 (FY26) budget requirements. The following adjustments are being made to the rates, consistent with the FY26 budget:
- Rebasing to a base year of 2023, from a previous base year of 2019;
- Applying a cost adjustment factor (CAF) of 5.48%, plus a 0.683% administrative adjustment, resulting in a total adjustment of 6.163% to the nursing 2023 base year costs; applying a CAF of 6.31% to the operating 2023 base year costs; and applying a CAF of 5.42% to the capital 2023 base year costs;
- Removing adjustments for quality improvement based on Centers for Medicare & Medicaid Services (CMS) and Department of Public Health (DPH) scores while maintaining adjustments for quality achievement based on CMS and DPH scores and adding a new achievement-related quality measure for Hospitalizations from the CMS data on nursing facilities; and
- Amending certain aspects of existing rate adjustments, add-ons, and supplemental payments, including but not limited to the quality, maximum change, and high Medicaid adjustments, and the direct care, multiple sclerosis, and behavioral health indicator add-ons.
Further, as directed by Line 4000-0641 of the FY26 budget, the proposed amendments establish a Supplemental Payment for Qualified Nursing Facilities Located on Martha’s Vineyard to allocate supplemental payments to facilities located on Martha’s Vineyard Island and within eight miles of a hospital that has received federal government designation as a Critical Access Hospital.
The estimated annual fiscal impact of these amendments is $102,000,000 for rate related amendments and $3,800,000 for supplemental payment-based amendments, equaling a total estimated annual fiscal impact of $105,800,000.
The regulation will go into effect as an emergency on October 1, 2025.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human- services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.
You may also submit written testimony instead of, or in addition to, live testimony. To
submit written testimony, please email your testimony to ehs-regulations@mass.gov as
an attached Word or PDF document or as text within the body of the email with the
name of the regulation in the subject line. All written testimony must include the
sender’s full name, mailing address, and organization or affiliation, if any. Individuals
who are unable to submit testimony by email should mail written testimony to EOHHS,
c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will
be accepted through 5:00 p.m. on Friday, October 31, 2025.
EOHHS specifically invites
comments as to how the amendments may affect beneficiary access to care
To review the emergency regulation, go to www.mass.gov/service-details/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 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.
CMR No: 101 CMR 206.00 Standard Payments to Nursing Facilities
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
SBA database searches returned 28 results for NAICS code 623110 (“Nursing Care Facilities”) and no results for 623311 (“Continuing Care Retirement Communities”).
-
Will small businesses have to create, file, or issue additional reports?
No. The regulation requires nursing facilities to submit cost and financial statements, but this is not a new requirement. The regulation also requires nursing facilities seeking certain additional payment add-ons and adjustments to submit reports demonstrating their eligibility and/or compliance, but this is not a new requirement.
-
Will small businesses have to implement additional recordkeeping procedures?
No. Certain additional payment add-ons and adjustments require nursing facilities to maintain up-to-date records on eligibility and/or compliance, but there are no new requirements as a result of this regulation.
-
Will small businesses have to provide additional administrative oversight?
No. The regulation does not require additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Compliance does not require hiring other professionals.
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.
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 MassHealth-enrolled nursing facilities to comply with audits and produce records requested by EOHHS, but this is not a new requirement. The regulation does not distinguish between small and other businesses.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation establishes new and updated payment methodologies for MassHealth-enrolled nursing facility providers and is unlikely to deter the formation of small businesses.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation establishes new and updated payment methodologies for MassHealth-enrolled nursing facility providers and is unlikely to encourage the formation of small businesses.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The regulation does not distinguish between small and other businesses.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. Distinguishing small businesses from other businesses would not be practicable for this regulation.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. Payment methodologies for nursing facilities are required by statute to be established through regulation.
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Executive Office of Health and Human Services
101 CMR 347.00
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 Thursday 11/6/25, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 347.00: Rates for Freestanding Ambulatory Surgery Centers
Effective for dates of service on or after April 1, 2026, EOHHS is proposing to maintain current rates for all FASC services established in 101 CMR 347.00. The proposed amendments include updates to FASC procedure codes. In addition, EOHHS is proposing to expand service coverage by adding 12 procedure codes as payable codes to Subchapter 6 of the MassHealth FASC program regulation, 130 CMR 423.000. This proposed coverage expansion for the MassHealth FASC program does not require changes to 101 CMR 347.00, as the newly covered procedure codes already exist, with rates in 101 CMR 347.00.
There is no fiscal impact associated with the proposed changes to 101 CMR 347.00, but the proposed coverage of additional services has an estimated $26,000 aggregate annual fiscal impact. There is no fiscal impact on cities and towns.
EOHHS is proposing these amendments, subject to federal approval and in accordance with M.G.L. c. 118E, §13D, to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities.
The regulation will go into effect as an emergency on October 1, 2025.
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 11/6/25.
EOHHS 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/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
EOHHS may adopt a 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.
October 10, 2025
CMR No: 101 CMR 347.00
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:
There are currently 43 freestanding ambulatory surgery centers (FASCs) participating in the MassHealth program.
-
Will small businesses have to create, file, or issue additional reports?
No. The proposed amendments will not require small businesses to create, file, or issue additional reports.
-
Will small businesses have to implement additional recordkeeping procedures?
No. The proposed amendments will not require small businesses to implement additional recordkeeping procedures.
-
Will small businesses have to provide additional administrative oversight?
No. The proposed amendments will not require small businesses to provide additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. The proposed amendments will not require small businesses to hire additional employees.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. The proposed amendments will not require small businesses to hire other professionals.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. The proposed amendments will not require small businesses to purchase a product or make any other capital investments.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13C, and establishes the rates to be paid by governmental units to providers of noninstitutional health care services.
Do any other regulations duplicate or conflict with the proposed regulation?
No. No other regulations duplicate or conflict with the regulation or its proposed amendments.
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.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The proposed amendments do not require small businesses to provide educational services to keep up with regulatory requirements.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed amendments are unlikely to deter or encourage the formation of small businesses in Massachusetts.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposed amendments do not distinguish between small and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The proposed amendments do not distinguish between small and other businesses.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposed amendments do not distinguish between small and other businesses. 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. This regulation and its proposed amendments establish uniform conditions of payment for the provision of FASC services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. This regulation does not have an adverse impact on small businesses and governs payments for FASC services provided to publicly aided individuals. It is applied uniformly regardless of whether the provider is a small business.
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Executive Office of Health and Human Services
101 CMR 614.00: Health Safety Net Payments and Funding
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 Thursday 11/6/25, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 347.00: Rates for Freestanding Ambulatory Surgery Centers
The regulation went into effect as an emergency on September 30, 2025. There is no fiscal impact on cities and towns.
Proposed emergency amendments to 101 CMR 614.00: Health Safety Net Payments and Funding update HSN payment methodologies to enable EOHHS to pay less than 85% of demand to acute hospitals designated as disproportionate share hospitals (DSH) for HSN purposes for HSN FY25. This is a necessary adjustment due to the significant shortfall in FY2025. The amendments are also necessary to remove references to the now repealed HSN payor surcharge. Finally, the amendments improve clarity and readability, which will make compliance easier for regulated parties. The amendments do not change the structure of HSN payments to community health centers.
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 p.m. on October 31, 2025.
EOHHS 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/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
EOHHS may adopt a 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.
October 10, 2025
CMR No: 101 CMR 614.00: Health Safety Net Payments and Funding
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 currently 43 freestanding ambulatory surgery centers (FASCs) participating in the MassHealth program.
-
Will small businesses have to create, file, or issue additional reports?
The proposed amendments apply to all acute hospitals (about 60 entities) and community health centers (CHCs) (about 35 entities) participating in the Health Safety Net (HSN).
-
Will small businesses have to implement additional recordkeeping procedures?
No. There are no additional recordkeeping procedures for small business or other regulated parties required through these proposed amendments.
-
Will small businesses have to provide additional administrative oversight?
No. There are no additional administrative oversight requirements for small business or other regulated parties through these proposed amendments
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Neither small business nor other regulated parties will need to hire additional employees to comply with these proposed amendments
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. Neither small business nor other regulated parties will need to hire additional employees to comply with these proposed amendments
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. Neither small business nor other regulated parties will need to hire additional employees to comply with these proposed amendments
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 these proposed amendments. Regulations are required by statute to implement HSN payments and funding.
Do any other regulations duplicate or conflict with the proposed regulation?
No. There are no other regulations that duplicate or conflict with these proposed amendments.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulations being amended contain reasonable provisions ensuring EOHHS has the right to audit submissions from acute hospitals and CHCs.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. The proposed amendments do not require small businesses or other regulated parties to provide educational services to keep up to date with regulatory requirements.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The proposed amendments are not likely to deter or encourage the formation of small businesses in Massachusetts.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed amendments are not likely to deter or encourage the formation of small businesses in Massachusetts.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposed amendments do not distinguish between small businesses and other businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. The proposed amendments do not distinguish between small businesses and other businesses.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. The proposed amendments 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 between small and other businesses would not be practicable to implement the proposed amendments.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. The proposed amendments do not have an adverse impact on small businesses. Regulatory amendments are required to update payment processes for acute hospitals through the HSN, and to remove references to the HSN payor surcharge, which was repealed and replaced under M.G.L. c. 118E, sec. 68.
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Office of the Inspector General
945 CMR 4.00 & 5.00
Notice of Public Hearing and Comment Period
Notice is hereby given, pursuant to M.G.L. c. 30A, § 2, that the Office of the Inspector General (OIG) will convene a public hearing and comment period for purposes of gathering comments, ideas, and information related to the proposed promulgation of regulations.
945 CMR 4.00 Owner’s Representative for Major Contracts Under M.G.L. c. 30, § 39M ½
945 CMR 5.00 Owner’s Representative for Major Contracts Under M.G.L. c. 149A, § 15 ½
These regulations, authorized pursuant to M.G.L. c. 30, § 39M ½ and M.G.L. c. 149A, § 15 ½, relate to owner’s representatives providing oversight on certain projects which exceed $50M in estimated costs. These projects involve the Commonwealth procuring the construction, repair or rehabilitation of highways, railways, bridges, tunnels, or building platforms (under M.G.L. c. 30, § 39M ½), or the construction of highways, railways, bridges, tunnels, or aviation facilities (under M.G.L. c. 149A, § 15 ½). These regulations establish standardized policies and procedures for (a) procuring the services of an owner’s representative and (b) the owner’s representative’s professional project oversight responsibilities for these projects. The OIG does not anticipate these regulations having an impact on local government.
The public hearing will be held on Thursday, October 30, 2025, at 11:30 a.m. in the Collaboration Center on the 13th floor of One Ashburton Place, Boston, MA 02108.
Individuals who provide notice of their intent to testify will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to provide notice of their intent to testify, along with written copy of their testimony, by emailing the address below with the subject line: “Regulation Hearing Comment – 945 CMR 4.00, 5.00.” Written comments will be accepted starting October 6, 2025, and must be received by 5:00 p.m. on October 30, 2025
Email: joshua.giles@mass.gov
Postal Mail: Office of the Inspector General Attn: Josh Giles One Ashburton Place, Room 1311 Boston, MA 02108
A copy of the above-listed regulations may be obtained by contacting the above address or email address. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, §2 attached. To request interpretive services, please submit your request at least five business days prior to the public hearing.
945 CMR 4.00
Small Business Impact Statement
-
Estimate of the number of small businesses subject to the proposed regulation:
20-25
-
Will small businesses have to create, file, or issue additional reports?
Not necessarily. Under the new regulations, public agencies may, but do not need to, require owner’s representatives to create and file certain additional reports.
-
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 or operational standards to accomplish the regulatory objective?
No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulations allow for regulatory enforcement activities including sanctions and adjudicatory proceedings.
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.
945 CMR 5.00
Small Business Impact Statement
-
Estimate of the number of small businesses subject to the proposed regulation:
20-25
-
Will small businesses have to create, file, or issue additional reports?
Not necessarily. Under the new regulations, public agencies may, but do not need to, require owner’s representatives to create and file certain additional reports.
-
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 or operational standards to accomplish the regulatory objective?
No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulations allow for regulatory enforcement activities including sanctions and adjudicatory proceedings.
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.