Notices of Public Hearing (Published 12/06/2024)

Energy and Environmental Affairs, Executive Office of
301 CMR 52.00

Notice of Public Hearing  

This Public Meeting Notice is available in alternative languages (繁體中文, Kreyòl ayisyen , Português, Portugal, Español, Tiếng Việt)

The Executive Office of Energy and Environmental Affairs (EEA) will hold a public hearing on proposed new regulations authorized by chapter 274 of the Acts of 2022, An Act to Preserve Open Space in the Commonwealth. The proposed regulations, 301 CMR 52.00: Disposition or Change in Use of Article 97 Interests, are required by the Act and provide procedures and requirements for proposals to change the use or dispose of land or interests in land subject to Article 97 of the Amendments to the Constitution of the Commonwealth. EEA is seeking public comment on the proposed regulations.

A copy of the proposed regulations is available on the EEA website at Article 97 & An Act Preserving Open Space in the Commonwealth (M.G.L. c. 3, § 5A) | Mass.gov. Copies may also be obtained by sending an email to Michael.gendron2@mass.gov.

EEA will hold a hybrid in-person and virtual public hearing on these regulations at 1:00 PM on Tuesday, December 17, 2024. The in-person hearing will be held in the large meeting room at the MassWildlife Field Headquarters at 1 Rabbit Hill Road, Westborough, MA 01581.

Registration is required to obtain access to the virtual hearing room, which will be provided via Zoom. To register, go to: link. There is no requirement to register in advance of the hearing to attend; registration and access to the hearing is available both prior to and during the meeting until it has ended.

Simultaneous oral translation will be provided at the hearing through the virtual hearing room. 

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. 

Testimony may be presented orally at the public hearing or in writing. EEA will consider written comments that are received by 5:00pm on December 23, 2024. EEA encourages electronic submission of written comments to Michael.gendron2@mass.gov. Please refer to 301 CMR 52 in the subject line. Written comments may also be mailed to:
Executive Office of Energy and Environmental Affairs
Attn: Michael Gendron
100 Cambridge Street, Suite 900
Boston, MA 02114. 

301 CMR 52:00 Change in Use or Disposition of Article 97 Interests
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
  

• 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.
  

• Will the regulation have the effect of creating additional taxes and/or fees for small businesses?

  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.

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

  No.

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

  No.  

• Can the compliance or reporting requirements be consolidated or simplified for small businesses?

  No.  

• Can performance standards for small businesses replace design or operational standards?

  No.

• 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

  No.

• 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.

Health and Human Services, Executive Office of
101 CMR 329.00

NOTICE OF 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, December 13, at 9:00 a.m., relative to the adoption of amendments to the following regulation.

101 CMR 329.00: Rates for Psychological and Independent Clinical Social Work Services (to be renamed Rates for Psychological and Licensed Independent Behavioral Health Clinician Services)

EOHHS is proposing these amendments with an effective date of April 1, 2025, to align with amendments to program requirements for psychological services (130 CMR 411.000) and licensed independent behavioral health clinician services (130 CMR 462.000). The proposed amendments to 101 CMR 329.00 update the payment rates used by all governmental units, including MassHealth, for psychological and licensed independent behavioral health clinician services.

The proposed amendments for psychological and licensed behavioral health clinician services would align certain MassHealth fee-for-service (FFS) rates for applicable psychological services with existing managed care rates to support rate alignment for providers enrolled in both FFS and managed care plans. They would also establish two codes and four code/modifier combinations that have already been established for managed care enrolled providers to promote alignment for FFS delivery and access. They would expand the clinician licensure levels eligible to bill certain therapy, diagnostic, and case consultation codes by updating the billing modifiers to include licensed marriage and family therapists (LMFTs) and licensed mental health counselors (LMHCs). They would change the name of 101 CMR 329.00 to Rates for Psychological and Licensed Independent Behavioral Health Clinician Services to be consistent with EOHHS’s naming convention for rate regulations. Finally, they would make certain other changes to update terminology and current policy.

EOHHS is proposing these amendments to ensure that payment rates are consistent with efficiency, economy, and quality of care and to satisfy the requirements of M.G.L. 118E, Sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditure will increase by approximately $33,000 for psychological and licensed independent behavioral health clinician services over CY2023 base spending.

Upon final promulgation of the regulation, the proposed amendment is planned to go into effect no sooner than the day after the notice of public hearing is published in the Massachusetts Register. There is no fiscal impact on cities and towns. 

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic- 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 December 13. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care. 

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

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

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

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

November 22, 2024 

CMR No.: 101 CMR 329.00
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 1,380 eligible providers governed by the proposed regulation.

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

  No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to 101 CMR 329.00.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Small businesses will not have to implement additional recordkeeping procedures as a result of the proposed amendments to 101 CMR 329.00.

• Will small businesses have to provide additional administrative oversight?

  No. 101 CMR 329.00 does not require small businesses to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for certain psychologists, licensed marriage and family therapists (LMFTs), licensed mental health counselors (LMHCs), and licensed independent clinical social workers (LICSWs).

• 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. 101 CMR 329.00 does not require small businesses to purchase any particular product or make any 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. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing rates for healthcare services through the Executive Office of Health and Human Services (EOHHS), since the proposed regulation is required by M.G.L. Chapter 118E, Section 13C.
  

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

  No. There are no other regulations that duplicate or conflict with the proposed regulation.

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

  Yes. The regulation uniformly requires all providers to periodically file cost data.

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

  No. The proposed regulation does not require small businesses 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 regulation is not likely to deter or encourage the formation of small businesses; it establishes uniform governmental rates of payment for certain psychological and licensed independent behavioral health clinician services.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses; it establishes uniform governmental rates of payment for certain psychological and licensed independent behavioral health clinician services.

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

  No. The proposed regulation does 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 regulation does not distinguish between small businesses and other businesses.

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

  No. The proposed regulation does not distinguish between small businesses 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 businesses and other businesses would not be a practicable way to implement the proposed regulation.

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

  No. The proposed regulation does not have an adverse impact on small businesses.

Health and Human Services, Executive Office of
101 CMR 362.00

NOTICE OF 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, December 13, 2024, at 3 p.m., relative to the adoption of amendments to the following regulation.

101 CMR 362.00: Rates for Community Support Program Services

The proposed regulation contains rates effective for dates of service on or after April 1, 2025.

Under M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units for noninstitutional health care services, including rates of payment for community support program (CSP) services. CSP services are diversionary behavioral health services that help individuals remain in community-based settings, rather than 24-hour level of care.

EOHHS performed a review of the payment rates set forth in 101 CMR 362.00 and proposes to align the standard CSP rate with the rate for recovery support navigator (RSN) being proposed in 101 CMR 444.00: Rates for Certain Substance Use Disorder Services. EOHHS also proposes to increase the rates for CSP for homeless individuals (CSP-HI), CSP for justice involved (CSP-JI), and CSP tenancy preservation program (CSP-TPP) by a prospective cost adjustment factor of 2.27%. The cost-adjustment factor (CAF) was calculated using the Massachusetts-specific Consumer Price Index (CPI) Fall 2023 forecast developed by IHS Markit Economics.

EOHHS is proposing these changes, subject to federal approval, to ensure that payments are consistent with efficiency, economy, and quality of care and satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that annual aggregate MassHealth expenditures will increase by $37,000 as a result of the proposed amendments. There is no fiscal impact on cities and towns. The proposed 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.

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 emai, you 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 December 13. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care. 

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

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

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

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

November 22, 2024 

CMR No: 101 CMR 362.00: Rates for Community Support Program Services
Small Business Impact Statement

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

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

  There are 62 providers governed by the proposed regulation.

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

  No. Small businesses will not have to create, file, or issue additional reports as a result of the proposed amendments to 101 CMR 362.00.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Small businesses will not have to implement additional recordkeeping procedures as a result of the proposed amendments to 101 CMR 362.00.

• Will small businesses have to provide additional administrative oversight?

  No. Small businesses are not required by 101 CMR 362.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for community support program services.

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

  No. 101 CMR 362.00 does not require small businesses to hire additional employees to remain in compliance.

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

  No. Small businesses are not required by 101 CMR 362.00 to hire other employees to remain in compliance.

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

  No. 101 CMR 362.00 does not require small businesses to purchase any particular product or make any 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. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing rates for EOHHS health care services as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.
  

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

  No. There are no other regulations that duplicate or conflict with the proposed regulation.

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

  Yes. The regulation uniformly requires all providers to periodically file cost data.

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

  No. 101 CMR 362.00 does not require small businesses 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 regulation is not likely to deter or encourage the formation of small businesses as this proposed regulation establishes uniform governmental rates of payment for community support program services.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes uniform governmental rates of payment for community support program services.

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

  No. The proposed 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 proposed regulation does not distinguish between small and other businesses.

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

  No. The proposed 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 between small and other businesses would not be practicable to implement the proposed regulation.

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

  No. The proposed regulation does not have an adverse impact on small businesses.

Housing and Livable Communities, Executive Office of
760 CMR 56.00

PUBLIC NOTICE

EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES (EOHLC)

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed promulgation of amendments to regulation 760 CMR 56.00 – Comprehensive Permit; Low or Moderate Income Housing. EOHLC’s regulatory authority for this action is provided under M.G.L. c. 23B and c. 40B. In accordance with M.G.L. c. 30A, § 5, the proposed amendments to the regulations have a minimal or non-existent Small Business Impact. The purpose of the proposed amendments is to eliminate the interlocutory appeal procedure regarding statutory and regulatory safe harbors.

Written comments on the proposed regulation may be submitted at any time before 5:00 pm on December 13, 2024, by sending the same electronically to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 56” in the subject line. A copy of the regulation with the proposed amendments is posted on EOHLC’s website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-and-proposedamendments .

CMR No.: 760 CMR 56.00
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:

  Approximately 20

• 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.)?

  Municipalities and affordable housing developers generally already hire lawyers; there will be no additional hiring as a result of the regulatory changes.

• 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.  

• 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. 

Medical Assistance, Division of
130 CMR 411.000 & 462.000

Notice of Public Hearing

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) proposes to amend its regulations. The Division will hold a remote public hearing on Friday, December 13, 2024, at 10:00 a.m., relative to the adoption of amendments to the following regulations.

130 CMR 411.000: Psychologist Services 

130 CMR 462.000: Licensed Independent Clinical Social Worker Services (to be renamed Licensed Independent Behavioral Health Clinician Services)  

The Division is required to establish regulations for all MassHealth providers, including the services covered by these regulations.

130 CMR 411.000

130 CMR 411.000 governs MassHealth providers of psychological services, including by establishing program requirements and conditions of payment for the provision of psychological services to MassHealth members. These amendments have a proposed effective date of April 1, 2025, to align with amendments to the rates for psychological and licensed independent behavioral health clinician services (101 CMR 329: Rates for Psychological and Independent Clinical Social Work Services) and the program requirements for licensed independent behavioral health clinician services (130 CMR 462: Licensed Independent Clinical Social Worker Services). 

The proposed amendments for providers of psychological services would (1) amend definitions of neuropsychological assessment to include developmental assessments as a potential component and (2) include new definitions for multiple-family group therapy and developmental assessment.  

130 CMR 462.000  

130 CMR 462.000 governs MassHealth providers of licensed independent clinical social worker services, including by establishing program requirements and conditions of payment for the provision of licensed independent clinical social worker (LICSW) services. These amendments have a proposed effective date of April 1, 2025, to align with the amendments to the rates for psychological and independent behavioral health clinician services (101 CMR 329: Rates for Psychological and Independent Clinical Social Work Services) and the program requirements for psychologist services (130 CMR 411.000: Psychologist Services).  

The proposed amendments to this regulation expand and align the regulation to include licensed mental health counselors (LMHCs) and licensed marriage and family therapists (LMFTs) as clinicians eligible to bill MassHealth for outpatient behavioral health services under this regulation. The amendments also change the title and language of the regulation to refer collectively to the regulated clinicians as licensed independent behavioral health clinicians. Finally, the amendments update program administration and program requirements, including establishing provider eligibility requirements for LMHCs and LMFTs and amending the provider eligibility requirements for LICSWs and clarifying language related to recordkeeping and reporting requirements.  

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/masshealth-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 December 13 at 5:00 p.m. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

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

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

The Division may adopt a revised version of the proposed actions 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.

November 22, 2024 

CMR No.: 130 CMR 411.000: Psychologist Services
Small Business Impact Statement

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

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

  1,620

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

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

  No.  

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

  No.  

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

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing provider participation requirements for healthcare services through the Executive Office of Health and Human Services (EOHHS), since the proposed regulation is required by M.G.L Chapter 118E, Section 13C.
  

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

  No. There are no regulations that duplicate or conflict with this regulation.

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

  Yes. Small businesses must cooperate with audits, inspections, and/or other regulatory enforcement activities.

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

  No.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts; it establishes provider participation requirements for psychologist services.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts; it establishes provider participation requirements for psychologist services.

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

  No. The proposed regulation does 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 regulation does not distinguish between small businesses and other businesses.

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

  No. The proposed regulation establishes uniform provider participation requirements for providing psychologist services to MassHealth members. These requirements are applied uniformly to maintain consistency in the care provided by psychologists to MassHealth members.

• 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 a practicable way to implement the proposed regulation.

• 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.

CMR No.: 130 CMR 462.000: Licensed Independent Behavioral Health Clinician Services
Small Business Impact Statement

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

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

  414

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

  Yes. Small businesses may have to create, file, and/or issue additional reports as a result of the proposed amendments to 130 CMR 462.00.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Small businesses may have additional recordkeeping responsibilities as a result of the proposed amendments to 130 CMR 462.00.

• Will small businesses have to provide additional administrative oversight?

  No. 130 CMR 462.000 does 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. 130 CMR 462.000 does 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. 130 CMR 462.000 does 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. 130 CMR 462.000 does not require small businesses to purchase any particular product or make any 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. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing provider participation requirements for healthcare services through the Executive Office of Health and Human Services (EOHHS), since the proposed regulation is required by M.G.L. Chapter 118E, Section 13C.
  

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

  No. There are no regulations that duplicate or conflict with this regulation.

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

  Yes. Small businesses must cooperate with audits, inspections, and/or other regulatory enforcement activities.

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

  No. Small businesses are not required to provide educational services to keep up to date with the regulatory requirements.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts; it expands existing provider participation requirements for licensed independent behavioral health clinician services.

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

  No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts; it expands existing provider participation requirements of payment for licensed independent behavioral health clinician services.

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

  No. The proposed regulation does 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 regulation does not distinguish between small businesses and other businesses.

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

  No. The proposed regulation establishes uniform provider participation requirements for providing licensed independent behavioral health clinician services to MassHealth members. These requirements are applied uniformly to maintain consistency in the care provided by licensed independent behavioral health clinician services to MassHealth members.

• 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 a practicable way to implement the proposed regulation.

• 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.