Notices of Public Hearing (Published 11/10/2023)

Health and Human Services, Executive Office of
10:00 a.m.: 101 CMR 330.00: Rates for Team Evaluation Services
10:30 a.m.: 101 CMR 416.00: Rates for Clubhouse Services

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold two remote public hearings on Friday, November 17, 2023, at the times listed below relative to the adoption of amendments to the following regulations.

10:00 a.m.: 101 CMR 330.00: Rates for Team Evaluation Services

The proposed regulation contains rates effective for dates of service on or after September 1, 2023. There is no fiscal impact on cities and towns.

101 CMR 330.00 governs payment rates for team evaluation services provided to publicly aided individuals by governmental units. Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish, by regulation, and biennially review the rates to be paid by governmental units to providers of social service programs, which includes team evaluation services. In accordance with this requirement, the rates for team evaluation services are being updated to include an increase by a retrospective cost adjustment factor (CAF) of 13.72%. The CAF was calculated using the IHS Markit Consumer Price Index, optimistic scenario, for the Fall 2022 Forecast. The base period reflects the average of the four quarters of the year 2021, and the rate period 2023 Q3 – 2025 Q2.

The proposed amendments also change the name of “psychological evaluation” services to “psychological assessments/evaluations” for clarity. The Severability section has also been updated for consistency across EOHHS rate regulations.

The total projected annualized cost to Local Education Agencies (LEAs) from the increase in rates under the proposed regulation is an increase of $176,447, or a 20.64% increase over the current spending of $854,732.

10:30 a.m.: 101 CMR 416.00: Rates for Clubhouse Services

The proposed regulation contains rates effective for dates of service on or after September 1, 2023. There is no fiscal impact on cities and towns.

101 CMR 416.00 governs the payment rates for clubhouse services provided to publicly aided individuals by governmental units. Services with rates established by this regulation are purchased by the Department of Mental Health (DMH). Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates for clubhouse services are being updated to include an increase by a cost adjustment factor (CAF) of 2.71%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2023 Q4) and the prospective period of calendar years 2024 and 2025. All staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2020. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%. The Severability section has also been updated for consistency across EOHHS rate regulations.

The total annualized cost to state government from the increase in rates amended by this regulation is $4.425 million, which represents an increase of approximately 17.07% over FY23 rate spending of approximately $25.9 million.

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-publichearings. To join the hearings by phone, call + 1 646 558-8656 and enter meeting ID 935 3978200# 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, November 17, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services. 

To review the current drafts of the proposed regulations, go to www.mass.gov/servicedetails/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

To view or download related supporting materials, go to www.mass.gov/servicedetails/proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at + 1 617 847-3468 (TTY: + 1 617 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

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

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

101 CMR 330.00
Small Business Impact Statement

CMR No: 101 CMR 330.00 - Rates for Team Evaluation Services

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

  400

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

  Yes. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs, and providers must maintain records related to such cost report filings. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)
  
  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D and establishes the rates to be paid by governmental units to providers of team evaluation services.

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

  Yes. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

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

  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 not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units. 

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

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.

• Can the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers. 

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

• 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. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D

101 CMR 416.00
Small Business Impact Statement

CMR No: 101 CMR 416.00 - Rates for Clubhouse Services

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

  14

• 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?

  (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 13D, and establishes the specific rates to be paid by governmental units for certain social service programs.

• 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 file cost data. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

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

  No.

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

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.

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

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  o. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

• 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. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

Plumbers and Gas Fitters, Board of State Examiners of:
248 CMR 10.0 -  The Uniform State Plumbing Code

Pursuant to M.G.L. c. 142, §4, 13 and c. 30A, §2, the Board of State Examiners of Plumbers and Gas Fitters will hold a public hearing relative to proposed promulgation of amendments to the Board’s regulations at 248 CMR 10.00, the Uniform State Plumbing Code. The proposed revisions clarify requirements, resolve ambiguities, and remove redundancies as well as update the plumbing code to accommodate update methods and materials now used in modern plumbing installations. Additional major changes include clarifying the minimum plumbing fixtures required in different types of installations as well as new language allowing non-gender designated multi-user bathrooms. A small business impact statement has been filed with the Secretary of State’s Office.

The Board will hold this public hearing in person and remotely on:

Friday, November 17, 2023, at 11:00 a.m., at:
Division of Occupational Licensure
1000 Washington Street – Room 1D
Boston, Massachusetts 02118

By videoconference at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 236 684 053 286 Passcode: i8aoaU
Or call in to: (857) 327-9245, Phone Conference ID: 935 317 304

Interested Parties will be given an opportunity to present testimony orally or in writing at this hearing. The Board will also accept written comments regarding the regulations sent via email at plumbingboard@mass.gov or by mail at this address:

Board of State Examiners of Plumbers and Gas Fitters
Division of Occupational Licensure
1000 Washington Street, 7th Floor
Boston, MA 02118

Written comments must be received by 5:00 P.M. on Wednesday, November 15, 2023. A copy of the proposed regulations may be obtained at the Board’s web site located at: http://www.mass.gov/dpl/boards/pl/ or by contacting the Board office directly at the above address or by phone: (617) 701-8798

CMR No: 248 CMR 10.00:
Small Business Impact Statement

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

  The Board presently has issued approximately 13,000 personal licenses as well as 1,341 business licenses (for business entities), the vast majority of these licensees are believed to be, or work within, small businesses.

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

  No. This section does not create a reporting requirement

• Will small businesses have to implement additional recordkeeping procedures?

  No. This section does mandate recordkeeping

• 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. This section does not create regulatory burdens necessitating additional employees.

• 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?

  (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. In order to ensure plumbing installations are safe and effective, specific criteria must be adopted by these regulations.

• 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. This section does not mandate cooperation with audits, inspections, or other regulatory enforcement activities (note, such a requirement does exist in 248 CMR 3.00).

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

  No. This section does not mandate continuing education (see however, 248 CMR 11.00)

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

  No. This regulation adopts minimal standards of practice necessary for the safe practice in the performance of plumbing work, accordingly, it would not deter the formation of any businesses.

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

  Yes. In mandating Massachusetts plumbing meet minimal but necessary standards for safety and functioning, it is anticipated that Massachusetts would be deemed business friendly and would encourage the formation of new businesses.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  Yes. This section mandates equal requirements for all plumbing installations, it could not fairly reduce those requirements for any one sector of the industry. That being said, the code is being amended to increase the use of more cost effective materials, such as plastic piping in certain mixed use installations.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. This section mandates equal requirements for all plumbing installations, it could not fairly reduce those requirements for any one sector of the industry.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  Yes. This section mandates equal requirements for all gas fitting installations, it could not fairly reduce those requirements for any one sector of the industry. That being said, the code is being amended to increase the use of more cost effective materials, such as plastic piping in certain mixed use installations.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. In order to ensure plumbing installations are safe and effective, specific criteria must be adopted by these regulations.

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

  No. In order to ensure plumbing installations are safe and effective, specific regulatory criteria must be adopted by these regulations. As a result, this regulation section could not use a different regulatory method for any one sector of the industry.

Massachusetts School Building Authority
963 CMR 2.00: Revisions to the MSBA’s regulations (963 CMR, 2.00 et seq.)

Notice is hereby given that, in accordance with M.G.L. c. 30A, §2, the Massachusetts School Building Authority will hold a series of public hearings and a public comment period to obtain comments in connection with the proposed revisions to the MSBA’s Regulations, 963 CMR 2.00, et seq.

Statutory Authority:
The revisions to the MSBA’s regulations (963 CMR, 2.00 et seq.) will be promulgated pursuant to the rule-making authority conferred to the Authority by M.G.L. c. 70B and St. 2004, c. 208, and in accordance with M.G.L. 30A.

Summary of the Proposed Revisions:
The MSBA’s regulations, 963 CMR 2.00 et seq., set forth the MSBA’s authority and responsibility to achieve the effective planning, management and financial sustainability of a grant program to provide financial assistance for the construction and renovation of municipally owned school facilities. The regulations set forth the requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for and the awarding of school building grants by the MSBA.

The MSBA is now proposing revisions to these regulations to accurately reflect how the MSBA’s grant process has evolved, to provide clarity and make the regulations more user friendly, and to make the regulations easier to follow by arranging the sections in chronological order and matching the MSBA modules. The following is a summary of the key revisions to the regulations:

• The revised regulations will proceed from MSBA Module 1 through Module 9 as projects do, making it easier for districts and external stakeholders to understand the process.
• The MSBA added stand-alone sections to the revised regulations such as: Accelerated Repair Program; Construction (Module 7); Post Occupancy Evaluation (Module 9); and Model School Program.
• The MSBA made changes to the regulations to allow for the regulations to stay current year after year by eliminating references to outside standards and codes that periodically change.
• The MSBA clarified terminology used in the regulations and made technical changes to better capture our process and provide increased clarity for stakeholders.
• The MSBA updated the timing in the Statement of Interest section of the regulations to match the timing that the MSBA follows for the Statement of Interest submission period.
• The MSBA updated the incentive points portion of the regulations, removing Construction Manager at Risk and Model School incentive references from this section because the MSBA no longer provides these incentive points.
• The MSBA updated the Green School Program incentive to allow for three incentive points and also included an additional point for Indoor Air Quality.
• The MSBA added greater details about the grant program, where appropriate, such as the addition of the educational profile questionnaire that is required during Eligibility Period.

Public Hearings
The MSBA will hold a series of public hearings, some of which will be in person and some of which will be remote. Please see the list below and note that additional hearings will be scheduled for December 2023 and January 2024. These additional hearings will be noticed separately in upcoming publications of the Massachusetts Register and on the MSBA's website.

Tuesday, November 28, 2023 - Lynn
12:00 pm -2:00 PM
Lynn City Hall
3 City Hall Square
Lynn, MA 01901

Wednesday, November 29, 2023 - Springfield
11:00 pm -1:00 PM
Forest Park Conference Room
299 Sumner Avenue
Springfield, MA 01108

Thursday, November 30, 2023 - Remote Hearing via Zoom
11:00 pm -1:00 PM
Those who would like to attend the meeting should contact Anne.Hudson@MassSchoolBuildings.org for the information and instructions to access the meeting. If you prefer or have questions related to accessing the meeting, please call (617) 960-3075. Information to register for and to access the meeting will be available throughout the duration of the meeting.

Friday, December 1, 2023 - Worcester
11:00 pm -1:00 PM
Worcester Technical High School
Multipurpose Room
1 Officer Manny Familia Way
Worcester, MA 01605

*Please make sure to check the MSBA 's website for additional information and weather-related hearing updates. www.massschoolbuildings.org/regulations 

Public Comment Period: 
Written Public Comments will be accepted from November 1, 2023 through January 31, 2024 at 5 :00 pm. Written comments may be submitted via email to Anne.Hudson@MassSchoolBuildings.org, or by mail to:

Anne Hudson - Legal Assistant
Massachusetts School Building Authority
40 Broad Street, Suite 500
Boston, MA 02109
Written comments must be received by 5:00 p.m. on January 31, 2024.

Copy of the proposed regulations:
A copy of the proposed Regulations referenced above may be viewed by visiting www.massschoolbuildings.org/regulations. Those who wish to receive a written copy of the proposed Regulations, may contact Anne at Anne.Hudson@MassSchoolBuildings.org, or by mail at the address above.

963 CMR 2.00: Revisions to the MSBA’s regulations (963 CMR, 2.00 et seq.)
Small Business Impact Statement

Below please find the accompanying Small Business Impact Statement provided in accordance with M.G.L. c. 30A, §2.
The MSBA does not expect that the proposed revisions to the MSBA's regulations will have a new or different impact on small businesses in the Commonwealth. The proposed changes are intended to be helpful to stakeholders, including small businesses.

• An estimate of the number of small businesses subjected to the proposed regulation. To the extent that the MSBA's existing regulations affect small businesses:

  The MSBA does not anticipate that the proposed revisions will impact any additional or fewer small businesses.

• Projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation

  To the extent that the MSBA's existing regulations impact reporting, recordkeeping and other administrative costs for small businesses required for compliance with the current regulations, the MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard. Any record keeping procedures outlined in the regulations do not alter the applicable requirements of M.G.L., c. 66.

• The appropriateness of performance standards versus design standards

  To the extent that the MSBA's existing regulations impact the appropriateness of performance standards versus design standards for small businesses, the MSBA does not anticipate that the proposed revisions will have any different impact on small businesses in this regard.

• An identification of regulations of the promulgating agency, or any other state agency, which may duplicate or conflict with the proposed regulation.

  The MSBA does not expect the revisions to the MSBA's regulations to duplicate or conflict with other regulations.

• An analysis of whether the proposed regulation is likely to deter or encourage the formation of new businesses in the state.

  The MSBA has been an economic driver of the state economy since our inception in 2004. The nature of the proposed revisions to the regulations should not deter or necessarily encourage the formation of new businesses in the state.