Notices of Public Hearing (Published 12/08/2023)
Attorney General, Office of the
225 CMR 25.00 - (Promulgated Pursuant to M.G.L. c.93A, § 2(c))
Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Office of the Attorney General will hold a hybrid public hearing on Wednesday, December 20th, 2023 at 11:00 a.m. and accept public comment through Wednesday, December 20th at 5:00p.m. concerning the following regulatory action:
940 C.M.R. 38.00 (Promulgated Pursuant to M.G.L. c.93A, § 2(c))
This regulation defines certain unfair and deceptive acts and practices and will require the clear and conspicuous disclosure of the total price of a product being advertised to consumers, including any fees, interest, charges, or other expenses necessary to complete a transaction. This regulation also defines certain unfair and deceptive practices in automatically recurring charges and trial offers and requires clear and conspicuous disclosures concerning recurring charges, including all financial obligations a consumer may incur, and information on cancellation of those contracts.
The in-person hearing will be held on the date and time specified above in Conference Rooms B and C on the 2nd Floor of 100 Cambridge Street, Boston, MA 02108. To attend the hearing virtually, please visit: http://bit.ly/3QEsTBf.
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 38.00.” Written comments will be accepted starting November 29th, 2023 until 5:00 p.m. on December 20th, 2023.
Email: JunkFees@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 above-listed regulations 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 38.00
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:
Indeterminate at this time.
-
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?
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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Early Education and Care, Department of:
606 CMR 15.00 - Proposed regulation amendments are to the Early Education and Out of School Time (EEOST) Capital Fund Grant Program.
NOTICE OF PUBLIC COMMENT PERIOD
In accordance with G.L. c. 30A, the Board of Early Education and Care (EEC) is proposing amendments to its regulations found at 606 CMR 15.00, pursuant to its authority under G.L. c. 15D §§ 3 and 18. The proposed regulation amendments are to the Early Education and Out of School Time (EEOST) Capital Fund Grant Program.
EEC has received feedback that administration of both large and small grant awards is needed to support the early education and out of school time field. As such, regulatory action is required to continue a hybrid approach that will permit EEC to administer smaller grants for this grant round, as well as the flexibility to administer both large and small grants on a permanent basis. v
The proposed draft amendments propose to change the current regulations as follows:
- Allow the Commissioner to shorten the length of time of an EEOST grant to be less burdensome for the smaller grant awards. 606 CMR 15.04(2)(c).
- Allow the Commissioner to adjust grant recapture terms to reflect the shorter length of the grants, where applicable. 606 CMR 15.04(2)(d).
- Allow the Commissioner to waive the requirements for a recorded Mortgage Lien and Land Use Restriction against the property on which the capital improvements are being made for the smaller grant awardees. 606 CMR 15.04(2)(e) and (f).
The purpose of these amendments is to allow EEC-licensed early education and out of school time programs to finance capital improvements.
EEC will accept comments on the proposed regulations via e-mail to christine.mcgrath@mass.gov, or in writing to
Department of Early Education and Care
50 Milk Street, 14th Floor
Boston, MA 02109
ATTN: EEOST REGULATIONS: LEGAL until 5:00 p.m. on December 15, 2023. To obtain a copy of the proposed regulations, please visit EEC’s website at www.mass.gov/eec.
CMR No: 606 CMR 15.00
Small Business Impact Statement
-
Estimate of the number of small businesses subject to the proposed regulation:
300. Approximately 300 over the next five years (the length of time the current EEOST Grant is funded), including potential applicants for an EEOST Grant as well as the construction, design, architectural, financial, legal, and development industries.
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Will small businesses have to create, file, or issue additional reports?
No. There will be reports that the EEOST grant recipients will need to file regarding compliance with terms of the Grants.
Will small businesses have to implement additional recordkeeping procedures?
No. Grantees will have to keep detailed records of expenditures of grant funds and are subject to periodic audit to ensure funds are being spent properly.
Will small businesses have to provide additional administrative oversight?
No. Grantees will have to provide administrative oversight of the expenditure of Grant funds and various associated reporting requirements.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. Grantees may need to utilize extra staff to meet various reporting requirements.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. Grantees will need to have a Development Team in place. Such team will consist of architects, construction manager, accountant, attorney, development consultant, and others as needed.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No. These regulations concern a grant program where EEC licensed programs are awarded funding toward large capital expenditures for the repair, replacement improvement, rehabilitation, or purchase of child care facilities.
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. Design/operational standards are necessary into order to ensure that the project is proceeding according to specifications. These Grants funds projects where design and operations are key to success.
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. Audits and inspections are a basic part of the monitoring to ensure that the Grant Terms and Guidelines are met.
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. These regulations will not deter the formation of small businesses and will likely help increase their formation.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
Yes. By both increasing the need for the services of a number of small businesses and by increasing the number of affordable child care slots available.
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. Design/operational standards are necessary into order to ensure that the project is proceeding according to specifications. The EEOST Grant funds projects where design and operations are key to success.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. There are no alternative regulatory methods that would minimize the adverse impact on small businesses.
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Health and Human Services, Executive Office of
101 CMR 23.00: COVID-19 and Influenza Vaccinations for Staff at Certain Agency Facilities
101 CMR 334.00: Prostheses, Prosthetic Devices and Orthotic Devices
NOTICE OF PROPOSED AMENDMENT OF REGULATIONS
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) proposes to amend the following regulation.
101 CMR 23.00: COVID-19 and Influenza Vaccinations for Staff at Certain Agency Facilities
Updates to 101 CMR 23.00 align COVID-19 and influenza vaccination requirements for state employees, with requirements for Department of Public Health-licensed 24/7 facilities. This update is also reflected in the new proposed title of the regulation. Amendments also remove the Soldiers Homes from the regulation, as the Soldiers Homes will be subject to Department of Public Health’s Long Term Care regulations. It is anticipated that these amendments will not go into effect before March 2024. There is no fiscal impact on cities and towns.
To submit data, views, or arguments concerning the proposed amendments, please email them 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 comments must contain the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit comments by email should mail comments to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Comments will be accepted through 5:00 p.m. on Friday, December 15, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.
All persons desiring to review the current draft of the proposed regulation may go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-notices or request a copy in writing from:
MassHealth Publications
100 Hancock Street, 6 th Floor
Quincy, Massachusetts 02171.
EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to EOHHS’s attention.
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, December 15, 2023, at 10:00 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 334.00: Prostheses, Prosthetic Devices and Orthotic Devices (to be renamed, “Rates for Prostheses, Prosthetic Devices, and Orthotic Devices”)
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 non-institutional health care services, including rates of payment for prosthetic and orthotic devices. EOHHS is proposing to:
- Rebase the majority of rates from 2017 to 2023 Medicare fees while continuing to use the same percentages of Medicare rates based on product complexity (94.00% for custom fabricated; 82.00% for prefabricated; and 70.76% for off-the-shelf);
- Update markup percentages of certain miscellaneous codes (L0999, L1499, L2999, L3999, L5999, L7499, L8499) from adjusted acquisition cost (AAC) plus a single fixed markup to AAC plus three markups—AAC+40%, AAC+50%, and AAC+70%—for each miscellaneous code to accommodate various product complexities. EOHHS is also proposing to add three new modifiers corresponding to each of the three markup percentages to be billed in conjunction with the miscellaneous codes; and
- Apply a retrospective cost adjustment factor (CAF) of 19.98% to non-AAC rates without corresponding Medicare fees. This CAF was calculated using a base period of quarter three of calendar year 2020, and a two-year rate period of quarter one of calendar year 2024 through quarter four of calendar year 2025. The CAF was calculated using the Massachusetts-specific Consumer Price Index (CPI) Spring 2023 forecast developed by IHS Markit Economics.
Under the proposed amendments, all other rates would remain at their current levels. In addition, the proposed amendments incorporate updates issued via administrative bulletins since the last review, effective December 28, 2018, update language to reflect current policy and terminology, remove duplicative sections, and enhance clarity, consistency, and conformity within and across EOHHS regulations.
The estimated annual aggregate fiscal impact of the proposed amendments is $2.1 million over base spending. The proposed regulation contains rates effective for dates of service on or after April 1, 2024. There is no fiscal impact on cities and towns.
EOHHS is making these changes, subject to federal approval, to ensure that payments are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities, and to ensure that payment rates are consistent with efficiency, economy, and quality of care.
To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.
You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171
Written testimony will be accepted through 5:00 p.m. on Friday, December 15, 2023. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.
To review the current draft of the proposed regulation, go to www.mass.gov/service-details/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/executive-office-of-health-and-human-services-public-hearings.
November 24, 2023
CMR No: 101 CMR 23.00
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. This update is necessary to align EHS’ vaccine mandate regulation for state operated 24/7 facilities with DPH’s vaccine mandate regulations for DPH licensed facilities.
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. This update is necessary to align EHS’ vaccine mandate regulation for state operated 24/7 facilities with DPH’s vaccine mandate regulations for DPH licensed facilities.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. It would not be practicable for the regulation to distinguish small businesses from other businesses.
CMR No: 101 CMR 334.00 - Prosthesis, Prosthetic Devices and Orthotic devices (to be renamed as “Rates for Prostheses, Prosthetic Devices, and Orthotic Devices”)
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.
30 Prosthetic providers and 43 Orthotic providers.
Will small businesses have to create, file, or issue additional reports?
No.
Will small businesses have to implement additional recordkeeping procedures?
No.
Will small businesses have to provide additional administrative oversight?
No.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)No. This update is necessary to align EHS’ vaccine mandate regulation for state operated 24/7 facilities with DPH’s vaccine mandate regulations for DPH licensed facilities.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. The regulation continues to require providers to periodically comply with audits, inspections and other regulatory activities.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for prosthetic and orthotic services provided to publicly aided individuals and is applied uniformly among providers.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for prosthetic and orthotic services provided to publicly aided individuals and is applied uniformly among providers.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. 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 contains requirements to report cost data to EOHHS upon request to enable EOHHS to develop rates for health care services and is applied uniformly regardless of whether or not the provider is a small business.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether or not the provider is a small business.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. The regulation establishes uniform conditions of payment for the provision of prosthetic and orthotic 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. The regulation does not have an adverse impact on small businesses and governs payments for prosthetic and orthotic services to publicly aided individuals and is applied uniformly regardless of whether or not the provider is a small business.
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Housing and Livable Communities, Executive Office of
760 CMR 67.00 – Eligibility for Emergency Assistance (EA)
PUBLIC NOTICE
Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed permanent promulgation of emergency amendments adopted effective October 31, 2023, to regulation 760 CMR 67.00 – Eligibility for Emergency Assistance (EA). EOHLC’s regulatory authority for this action is provided under St. 2009, c. 4 and M.G.L. c. 23B. In accordance with M.G.L. c. 30A, § 5, the regulation and the proposed permanent emergency amendments have a minimal or non-existent Small Business Impact. The purpose of the emergency amendments and the proposed permanent promulgation is to immediately adopt processes for Emergency Assistance program (EA) shelter placements where the EA shelter system is unable to meet current and projected demand.
Written comments on the proposed amendments to the regulation may be submitted at any time prior to 5:00 pm on December 15, 2023, by sending the same electronically to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 67” in the subject line. A copy of the emergency amendments proposed to be made permanent is posted on EOHLC’s website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-and-proposed-amendments .
CMR No: 760 CMR 67.00
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. This regulation affects individual families participating in the Emergency Assistance (EA) program and non-profit organizations contracting with the Executive Office of Housing and Livable Communities (EOHLC) as shelter providers.
Will small businesses have to create, file, or issue additional reports?
No. The amendment does not impose any obligations on small businesses and is not expected to have any impact on small businesses.
Will small businesses have to implement additional recordkeeping procedures?
No. The amendment does not impose any obligations on small businesses and is not expected to have any impact on small businesses.
Will small businesses have to provide additional administrative oversight?
No. The amendment does not impose any obligations on small businesses and is not expected to have any impact on small businesses.
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 appropriate as a basis for eligibility and compliance in the Emergency Assistance program.
Do any other regulations duplicate or conflict with the proposed regulation?
No. Emergency Assistance is a unique program created by state statute.
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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Insurance, Division of
211 CMR 7.00
NOTICE OF HEARING: Docket No. G2023-02 Proposed Amendments to 211 CMR 7.00 Massachusetts Insurance Holding Company System
Pursuant to the authority granted to the Commissioner of Insurance (“Commissioner”) under M.G.L. c. 175, § 206C, a public hearing will be held on December 18, 2023 at 11:00 a.m. to hear comments on proposed amendments to 211 CMR 7.00, the Massachusetts Insurance Holding Company System. The hearing will be held virtually using TEAMS, a digital meeting program. Copies of the proposed amendments are available for inspection on the Division’s website: http://www.mass.gov/doi.
The purposes of these amendments are to implement recent changes made to M.G.L. c. 175, §§206-206D, enacted by Chapter 268 of the Acts of 2022 and to incorporate recent revisions to the National Association of Insurance Commissioners (“NAIC”) Insurance Holding Company System Model Regulation. The statutory changes require insurance groups to submit a new financial filing, the group capital calculation (“GCC”), which is intended to comply with the requirements of Covered Agreements with the European Union and the United Kingdom. The amendments, in addition to implementing the GCC filing, adopt revisions to the NAIC model regulation that address agreements between insurers and their affiliates and allow insurance holding companies to make their filings electronically.
This proceeding has been designated as Docket No. G2023-02. Any person requesting to comment orally on the proposed amendments at the virtual hearing must submit to doidocket.mailbox@mass.gov a Notice of Intent to Comment no later than December 13, 2023 at 5:00 p.m. Any person requesting solely to attend the hearing must submit a request to register to doidocket.mailbox@mass.gov no later than 12:00 p.m. on December 14, 2023. All notices or requests must include the person’s name, telephone number and email address. An email with instructions for joining the hearing will be sent on the afternoon of December 15, 2023 no later than 5:00 p.m.
Written comments on the proposed amendments may be sent by electronic mail to doidocket.mailbox@mass.gov no earlier than December 18, 2023. Post-hearing written comments may be submitted by electronic mail to that address no later than December 26, 2023 at 5:00 p.m. or such other date as ordered by the presiding officer. All notices and written statements must refer to DOI Docket No. G2023-02.
211 CMR 7.00
Massachusetts INSURANCE HOLDING COMPANY SYSTEM
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
An estimate of the number of small businesses subjected to the proposed regulation.
0.
Will small businesses have to create, file, or issue additional reports?
No. Small businesses were identified to be included in the regulated industry. No additional reports are required.
Will small businesses have to implement additional recordkeeping procedures?
No small businesses were identified to be included in the regulated industry. No additional recordkeeping procedures for small businesses are required.
Will small businesses have to provide additional administrative oversight?
No. No small businesses will have to provide additional administrative oversight.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. No small businesses were identified to be included in the regulated industry. No small businesses will have to hire additional employees.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No. No small businesses were identified to be included in the regulated industry. No small businesses will have 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. No small businesses were identified to be included in the regulated industry. No small businesses will have to purchase any products or make any capital investments.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
No. (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) This regulation was written in a performance standard manner when appropriate.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
No. No small businesses were identified to be included in the regulated industry. No small businesses will have to cooperate with audits or other enforcement activities
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. No small businesses were identified to be included in the regulated industry. No small businesses will have to provide educational services.
Is the regulation likely to deter the formation of small businesses in Massachusetts?
No. No small businesses were identified to be included in the regulated industry. This regulation is unlikely to deter the formation of small businesses.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. No small businesses were identified to be included in the regulated industry. This regulation is unlikely to encourage the formation of small businesses.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. No small businesses were identified to be included in the regulated industry. This regulation does not provide for less stringent compliance for small businesses.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. No small businesses were identified to be included in the regulated industry. This regulation does not establish less stringent schedules for compliance for small businesses.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. No small businesses were identified to be included in the regulated industry. This regulation does not simplify compliance requirements for small businesses.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. No small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No. No small businesses were identified to be included in the regulated industry. There are no alternate regulatory methods to minimize the impact on small businesses.
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Medical Assistance, Division of
130 CMR 408.000
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) will hold a remote public hearing on Friday, December 15, 2023, at 11:00 a.m. relative to the adoption of amendments to the following regulation.
130 CMR 408.000: Adult Foster Care
The proposed changes to the program regulations at 130 CMR 408.000 include:
- The addition of a caregiver stipend floor requirement as part of adult foster care (AFC) provider eligibility;
- The revision of the requirement for AFC and group AFC staff to obtain a preemployment and ongoing physical examination and tuberculosis screenings to be restricted only to the AFC caregiver and GAFC direct care aide plus the registered nurse, licensed practical nurse, care manager, and AFC community support specialist.
- Technical and clarification edits.
These amendments are intended to be effective on and after April 12, 2024. 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/service-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 masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on Friday, December 15, 2023. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.
To review the current draft of the proposed regulation, go to www.mass.gov/service-details/masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.
The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.
In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/masshealth-public-hearings. November 24, 2023
130 CMR 408.000: Adult Foster Care
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
134 Adult Foster Care Providers and 135 Group Adult Foster Care Providers
Will small businesses have to create, file, or issue additional reports?
No.
Will small businesses have to implement additional recordkeeping procedures?
No
Will small businesses have to provide additional administrative oversight?
No.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)No.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?
Yes. This regulation does require small businesses to cooperate with audits, inspections or other regulatory enforcement activities. This requirement is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.
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 the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The regulation is not likely to encourage the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care service/group adult foster care services. Any schedules or deadlines for compliance or reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.
Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?
No. N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services. Any compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.
Did the agency consolidate or simplify compliance or reporting requirements for small businesses?
No. N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care service/group adult foster care services. Compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.
Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?
No. N/A This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care service/group adult foster care services. Compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.
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 MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for adult foster care/group adult foster care services. This regulation is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services