Notices of Public Hearing (Published 12/20/2024)
Gaming Commission, Massachusetts - 205 CMR 257.00
Notice of Public Hearing
Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. chs. 23N, § 4, 23K, §7, and 128A § 9, as part of the Commission’s regulatory process, and concern the following regulations:
205 CMR 257: Data Privacy
Sections within this regulation are being amended by the Commission to provide clarity surrounding Sports Wagering Operators’ ability to utilize Personally Identifiable Information and Confidential Information for legitimate business purposes including permissible advertising to patrons.
Scheduled hearing date and time:
Tuesday, January 7, 2025, at 9:30 AM EST
Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.
Conference Call Number: 1-646-741-5292
Participant Code: 112 255 1106 PASSCODE: 316354
A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Judith.Young@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.
Comments must be received by 5:00 PM EST on January 6, 2025.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.
205 CMR 257.03(4) and (5): Sports Wagering Data Privacy – Data Sharing
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
These regulations are being promulgated as part of the process of updating regulations governing sports wagering data privacy in the Commonwealth. Specifically, they clarify the protections applicable to confidential and personally identifiable information handled by sports wagering operators while the data is at rest and while the data is in transit.
This regulation is unlikely to have an impact on small businesses as it governs the behavior of Sports Wagering Operators who are not small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions:
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Estimate of the Number of Small Businesses Impacted by the Regulation:
0
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State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:
There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.
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State the appropriateness of performance standards versus design standards:
No standards applicable to small businesses are set forth. Provided standards are performance standards.
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Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:
There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.
State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:
This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.
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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 Monday, January 6, 2025, at 10:00 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 414.00: Rates for Family Stabilization Services
The proposed regulation contains rates effective for dates of service on or after January 1, 2025. There is no fiscal impact on cities and towns.
101 CMR 414.00 governs the payment rates for family stabilization services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), the Department of Children and Families (DCF), and the Department of Mental Health (DMH).
Pursuant to M.G.L. Chapter 118E, Section 13D, 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 family stabilization services, specific to the Department of Mental Health’s flexible supports program rates, are being updated to include an increase by a cost adjustment factor (CAF) of 2.02%. Two new rates have also been added for a clinician level 3 and a support specialist. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2024 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (Calendar Year 2024 Q4) and the prospective period (Calendar Year 2025 through Calendar Year 2026). The staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2023 at the 53rd percentile. The tax and fringe rate has been benchmarked to 24.97%. This benchmark is derived from the MA Comptrollers FY25 proposed rate less terminal leave and retirement. The administrative allocation has been benchmarked to 12% to remain consistent across all Chapter 257 regulations.
The total annualized cost to state government from the increase in rates amended by this regulation is $3,384,205, which represents an increase of 15.91% over FY23 spending of approximately $21.27 million. This cost will not be realized until January 1, 2025, at which point the FY25 cost to state government will be $1,692,102. This will be covered through a combination of the Chapter 257 Reserve Account and the purchasing agencies’ FY25 budgets.
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 Monday, January 6, 2025. 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.
To view or download related supporting materials, go to www.mass.gov/infodetails/ 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 (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.
December 6, 2024
CMR No.: 101 CMR 414.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
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Estimate of the Number of Small Businesses Impacted by the Regulation:
27
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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 regulation.
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Will small businesses have to implement additional recordkeeping procedures?
No. Small businesses will not have additional responsibilities to keep records as a result of the proposed regulation.
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Will small businesses have to provide additional administrative oversight?
No. Small businesses are not required by this regulation to provide additional administration oversight as a result of the proposed regulation.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. This regulation 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 this regulation 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. This regulation 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. 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 certain social service programs.
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 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.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No. This regulation does not require small businesses 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 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.
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?
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.
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Public Safety and Security, Executive Office of
PUBLIC NOTICE
501 Cmr 14.00: Testing, Certification, Marking, And Enforcement Of Massachusetts’ Fire Standard Compliant Cigarettes
Pursuant to M.G.L. c.30A, s. 2, notice is given of a public hearing to be held by the Department of Fire Services (DFS) on behalf of the Executive Office of Public Safety and Security at the DFS Stow Campus, 1 State Road, Stow, MA., in the Boards and Commissions Room on Friday, January 10, 2025 at 10:00 a.m. for the purpose of hearing public comment on several proposed amendments to 501 CMR 14.00: Testing, Certification, Marking and Enforcement of Massachusetts’ Fire Standard Compliant Cigarettes.
This set of amendments relates to several administrative updates/improvements in the certification process for cigarette manufacturers and the Department of Fire Services Fire Standard Cigarette program.
These improvements include:
manufacturers being required to submit lab test results no more than 365 days old to ensure compliance with relevant standards when applying for certification; allowing the DFS to invoice manufacturers for certification fees once processed and approved to avoid the potential practice of issuing refunds for rejected or incomplete certification applications; allowing for electronic payments by manufacturers; allowing for pro-rated certification periods and fees so that manufacturers and DFS can align certification dates for all brands styles of a particular manufacturer for administrative convenience and improved record keeping of both parties.
Finally, these amendments offer clarity and readability improvements to the end user. Written or oral comments may be submitted at the time and place of the hearing.
One may also submit written comments by mailing or e-mailing comments to:
Glenn Rooney, General Counsel,
Department of Fire Services,
P.O. Box 1025, State Rd,
Stow, MA. 01775
(glenn.rooney@mass.gov).
To be considered, mailed or emailed comments must be received no later than 4:00 p.m., January 9th, 2025.
CMR No.: 501 CMR 14.00
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:
This set of amendments relates to several administrative updates/improvements in the certification process for cigarette manufacturers and the Department of Fire Services Fire Standard Cigarette program. These improvements include: manufacturers being required to submit lab test results no more than 365 days old to ensure compliance with relevant standards when applying for certification; allowing the DFS to invoice manufacturers for certification fees once processed and approved to avoid the potential practice of issuing refunds for rejected or incomplete certification applications; allowing for electronic payments by manufacturers; allowing for pro-rated certification periods and fees so that manufacturers and DFS can align certification dates for all brands styles of a particular manufacturer for administrative convenience and improved record keeping of both parties. Finally, these amendments offer clarity and readability improvements to the ends user. These improvements and efficiencies have been requested by the regulated community for several years. This set of amendments is not anticipated to impact any small business.
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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, the records will have to be retained regarding business offering cigarettes for sale as retailers.
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.