Notices of Public Hearing (Published 3/14/2025)
Elementary and Secondary, Department of
603 CMR 7.00
NOTICE OF PUBLIC COMMENT PERIOD
Pursuant to its authority under M.G.L. c. 69, § 1 Band c.71, §38G and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education (Board) is soliciting public comment on the proposed amendments to 603 CMR 7.00, Regulations for Educator Licensure and Preparation Program Approval.
-
The proposed amendments will continue authorizing alternative assessments for educator licensure
and also make additional changes listed below:
- Create a new Media Arts Endorsement to allow teachers to demonstrate a body of knowledge that aligns to the MA Arts Curriculum Framework (603 CMR 7.04, 7 .14);
- Create additional flexibilities in coursework for professional licensure (603 CMR 7.04);
- Change the name of the Health/Family and Consumer Sciences license to Comprehensive Health in alignment with the MA Comprehensive Health Curriculum Framework, and shift from All Levels to PK-8 and 5-12 (603 CMR 7.04);
- Allow the Bilingual Endorsement as an alternative to the Sheltered English Immersion Endorsement for initial licenses in core academic areas (603 CMR 7.04);
- Specify that Emergency licenses may not be extended beyond June 30, 2027 (603 CMR 7.15); and
- Remove outdated language relating to licensu re flexibilities that were available during the COVI D-19 pandemic (603 CMR 7.02, 7 .15), transition periods from past licensure changes that are no longer relevant (603 CMR 7.15), and a Performance Assessment Program that is no longer relevant (603 CMR 7.02).
Copies of the proposed amendments are available on the Department's website at http://www.doe.mass.edu/lawsregsl, or by calling 781-338-3292. Written comments on the proposed amendments may be submitted by mail to: Regulations Public Comment, c/o Commissioner's Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149, or by email to: EducatorPreparation@mass.gov. The deadline for submission of public comment is April 4, 2025 at 5pm. The Board is expected to vote on adoption of the proposed amendments at its regular monthly meeting in May 2025.
CMR No.: 603 CMR 7.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
This statement accompanies the filing by the Department of Elementary and Secondary Education of the proposed amendments to 603 CMR 7.00, Educator Licensure and Preparation Program Approval Regulations.
- The proposed amendments do not affect small businesses.
- Since the proposed amendments do not affect small businesses, the following considerations are not applicable:
- Reporting, record keeping or other administrative costs required of small businesses for compliance associated with the amendments.
- Appropriateness of performance standards vs. design standards.
- Regulations of this agency or any other state agency, which may duplicate or conflict with the proposed amendments.
- Analysis of whether the proposed amendments are likely to deter or encourage the formation of new business in the state.
Submitted by:
Rhoda E. Schneider
on behalf of the Department of Elementary and Secondary Education
Dated: 2/25/25
Elementary and Secondary, Department of
603 CMR 30.00
NOTICE OF PUBLIC COMMENT PERIOD
Pursuant to its authority under 603 CMR 30.00: M .G.L. c. 69, §§ 1 Band 1 D; St. 2003, c.140, §119 and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education (Board) is soliciting public comment on the proposed amendments to 603 CMR 30.00, Regulations on MCAS and Competency Determination.
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The proposed amendments to the regulations address changes in statute, and are designed to focus on student learning and promote academic equity for all students. Key provisions in the proposed amendments include the following:
- Align the regulations to the new statutory language.
- Define terms to provide clarity.
- Specify minimum requirements to earn the competency determination
- Add "an additional area determined by the Board," as authorized by the statute. The amended regulations add United States history to the areas included in the competency determination, beginning with the graduating class of 2027.
- Offeroptions to address students' needs.
- Provide oversight.
Copies of the proposed amendments are available on the Department's website at http://www.doe.mass.edu/lawsregsl, or by calling 781-338-3292. Written comments on the proposed amendments may be submitted by mail to: Regulations Public Comment, c/o Commissioner's Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149, or by email to: EducatorPreparation@mass.gov. The deadline for submission of public comment is April 4, 2025 at 5pm. The Board is expected to vote on adoption of the proposed amendments at its regular monthly meeting in May 2025.
CMR No.: 603 CMR 7.00
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
This statement accompanies the filing by the Department of Elementary and Secondary Education of the proposed amendments to 603 CMR 30.00, Regulations on MCAS and Competency Determination.
- The proposed amendments do not affect small businesses.
- Since the proposed amendments do not affect small businesses, the following considerations are not applicable:
- Reporting, record keeping or other administrative costs required of small businesses for compliance associated with the amendments.
- Appropriateness of performance standards vs. design standards.
- Regulations of this agency or any other state agency, which may duplicate or conflict with the proposed amendments.
- Analysis of whether the proposed amendments are likely to deter or encourage the formation of new business in the state.
Submitted by:
Rhoda E. Schneider
on behalf of the Department of Elementary and Secondary Education
Dated: 2/25/25
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Gaming Commission, Massachusetts
205 CMR 238.00 & 243.00
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 238.00: Additional Uniform Standards of Accounting Procedures and Internal Controls for Sports Wagering, specifically 205 CMR 238.01: Definitions
This regulation adds a definition for “Sports Wagering Liability.” Sports Wagering Liability means the amounts accepted by the Sport Wagering Operator on Sports Wagers whose outcomes have not been determined and amounts owed but unpaid on winning Sports Wagering tickets or vouchers.”
205 CMR 243.00: Sports Wagering Equipment, specifically 205 CMR 243.02: Kiosks
This regulation supplements the process that was previously approved for 205 CMR 143.07 pertaining to the use of kiosks and adds a necessary cross-reference for Sports Wagering Operators.
Scheduled hearing date and time: Tuesday, March 25, 2025 at 9:30 A.M. 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: 112 456 0582 PASSCODE: 333875
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 ying.wang@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 P.M. EST on March 24, 2025.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached. This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.
Massachusetts Gaming Commission By:
Justin Stempeck
Deputy General Counsel
Dated: February 5, 2025
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)
The Massachusetts Gaming Commission (“Commission”) hereby files this Small
Business Impact Statement in accordance with G.L. c. 30A, §2 relative to the proposed adoption
of 205 CMR 243.02 KIOSKS. This regulation was developed as part of the process of promulgating regulations governing sports wagering in the Commonwealth, and are primarily governed by G.L. c. 23N, §4.
The adoption of 205 CMR 243.02 applies to potential sports wagering operators, sports wagering vendors, and the Commission. Accordingly, this regulation is unlikely to have an impact on 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 regulations:
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:
There are no design or operational standards within the proposed regulation.
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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 regulations:
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 regulations are likely to deter or encourage the formation of new businesses in the Commonwealth:
This regulation 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 305.00:
Rates for Behavioral Health Services Provided in Community Behavioral Health Centers
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 March 21, 2025, at 10:00 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 305.00: RATES FOR BEHAVIORAL HEALTH SERVICES PROVIDED IN COMMUNITY BEHAVIORAL HEALTH CENTERS
Summary of Proposed Regulation:
Pursuant to M.G.L. Chapter 118E, Section 13D, the Executive Office of Health and Human Services (EOHHS) is required to establish and periodically review the rates to be paid by governmental units to providers of noninstitutional healthcare services, including community behavioral health center (CBHC) services provided under the MassHealth program.
Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish, by regulation, and biennially review rates to be paid by governmental units to providers of social service programs. In accordance with statutory requirements, the rates for certain elder care services are being updated to include an increase by a cost adjustment factor (CAF) of 2.02%. 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 years 2025 and 2026. The proposed rates for this service have incorporated staff salaries benchmarked to the most recent Massachusetts Bureau of Labor Statistics (BLS) median wages for 2023 at the 53rd percentile. The tax and fringe rate has been benchmarked to 24.97%. This benchmark is derived from the MA Comptroller’s FY25 proposed rate less terminal leave and retirement.
The total FY25 cost to state government from the increase in rates established by this regulation is approximately $20.08 million, which represents a total increase of 7.16% over FY24 spending of approximately $280.4 million. The annualized cost to state government will be $10.04 million, which will be covered through the Chapter 257 Reserve Account and the purchasing agency’s operating budget.
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 Friday, March 21, 2025.
To review the emergency regulation, 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.
February 28, 2025
CMR No: 101 CMR 305.00-
Rates for Behavioral Health Services Provided in Community Behavioral Health Centers
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:
180
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Will small businesses have to create, file, or issue additional reports?
No.
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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. The regulation is required by statute under M.G.L, Chapter 118E, Section 13C and establishes the rates to be paid by governmental units to providers of noninstitutional health care services, including CBHC services.
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 uniformly requires all 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. 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 proposed regulation is not likely to deter or encourage the formation of small businesses as this proposed regulation establishes uniform governmental rates of payment
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.
Health and Human Services, Executive Office of -
101 CMR 417.00: Rates for Certain Elder Care Services
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, March 21, 2025, at 11:00 a.m. relative to the emergency adoption of amendments to the following regulation.
101 CMR 417.00: Rates for Certain Elder Care Services
Summary of Proposed Regulation:
The regulation went into effect as an emergency on January 1, 2025. There is no fiscal impact on cities and towns.
101 CMR 417.00 governs the payment rates for certain elder care services provided to publicly aided individuals by governmental units.
Effective for dates of service on or after July 4, 2025, the proposed amendments 1) expand the definition of youth community crisis stabilization (YCCS) to include independently enrolled providers of YCCS services; 2) maintain current rates for the CBHC encounter bundle rate, YCCS, adult mobile crisis intervention (AMCI), and youth mobile crisis intervention (YMCI); 3) increase the adult community crisis stabilization (ACCS) per diem rate from $632.05 to $673.22; 4) remove the specialty rate for YMCI services at an emergency department site of service and the corresponding reference to 101 CMR 352.00: Rates for Certain Children’s Behavioral Health Services; 5) remove the specialty rate for AMCI services at an emergency department site of service; 6) refer to 101 CMR 306.00: Rates for Mental Health Services Provided in Community Health Centers and Mental Health Centers for the rate for certified peer specialist services provided by CBHCs and paid outside the encounter bundle rate; 7) refer to 101 CMR 444.00: Rates for Certain Substance Use Disorder Services for the rates for enhanced structured outpatient addiction program (E-SOAP) and structured outpatient addiction program (SOAP) services provided by the CBHC and paid outside the encounter bundle rate; 8) establish new reporting requirements for providers paid by governmental units for CBHC services to submit an annual Uniform Financial Report and Independent Auditor’s Report (UFR); and 9) reflect updated terminology and current policy.
EOHHS is proposing these amendments, subject to federal approval, 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 fiscal impact of the proposed amendments on the fee-for-service (FFS) MassHealth expenditure results in a savings of $418,000. The actual change in annualized expenditures may vary depending on actual utilization of services. 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 March 21, 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.
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.
February 28, 2025
CMR No: 101 CMR 305.00-
Rates for Behavioral Health Services Provided in Community Behavioral Health Centers
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:
180
-
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. 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.
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.
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.
Health and Human Services, Executive Office of -
101 CMR 515.00: Managed Care Organization Services Payor Assessment
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 Monday, March 24, 2025, at 10 a.m. relative to the emergency adoption of amendments to the following regulation.
101 CMR 515.00: Managed Care Organization Services Payor Assessment
The regulation went into effect as an emergency on February 26, 2025. There is no fiscal impact on cities and towns.
Regulation 101 CMR 515.00 governs the Managed Care Organization Services Payor Assessment (the “Assessment”) established under M.G.L. c. 118E, sec. 68 through the Massachusetts Fiscal Year 2025 (FY25) Budget. This proposed regulation is necessary to implement the Assessment pursuant to statutory requirements. It establishes the following.
- Definitions applicable to the implementation of the Assessment.
- Three Assessment groups, including commercial MCO services; Medicaid MCO services rendered by entities with annual revenue less than or equal to $2M; and Medicaid MCO services rendered by entities with annual revenue greater than $2M.
- The initial Assessment rates for each group.
- The processes to:
- Update the rates in a manner consistent with federal healthcare-related tax requirements
- Reconcile for over- or under-collections from prior years, including annual
updates to such rates via sub-regulatory written issuance
- As necessary, implement rate amendments during the assessment year to adjust for projected over- or under-collections
- Reporting requirements and authority for EOHHS to specify required reporting via sub-regulatory written issuance.
- Clear enforcement mechanisms for MCO entities subject to the Assessment that are delinquent on paying.
The new rates and assessment group structure has been approved by CMS under 42 CFR 433.68. The regulation also specifies that the statutory change to M.G.L. c. 118E, sec. 68, enacted through the FY25 budget, repealed the surcharges previously collected from payors.
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 March 24, 2025.
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.
March 3, 2025
CMR No: 101 CMR 515.00: Managed Care Organization Services Payor Assessment
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:
The regulation applies to all entities providing managed care services subject to the Assessment in Massachusetts. There are 12 large corporate entities that are anticipated to be significant payors subject to the Assessment.
-
Will small businesses have to create, file, or issue additional reports?
Yes. Regulated parties, which may include small businesses, will be required to submit reports under this proposed regulation to ensure accurate application of the Assessment.
-
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 proposed regulation implements reasonable enforcement authority to ensure that entities subject to the Assessment pay as required, and to ensure fairness in implementation/application.
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. The proposed regulation does not have an adverse impact on small businesses. Regulatory amendments are required to implement managed care organization services assessment structure, which is required under state law.
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Medicine, Board of, Registration in- 243 CMR 1.00 & 2.00
NOTICE OF PUBLIC HEARING
Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Board of Registration in Medicine (“Board”) will hold a public hearing and comment period on the recent amendments, filed on January 9, 2025, on an emergency basis, to 243 CMR 1.00: Disciplinary Proceedings for Physicians and 243 CMR 2.00: Licensing and the Practice of Medicine. These emergency amendments codify Massachusetts Shield Law protections for physicians.
The Massachusetts Shield Law was enacted to protect healthcare providers and patients from legal actions, penalties, or extradition requests related to providing reproductive or gender- affirming care that is legal in Massachusetts but restricted in other states.
The Shield Law applies to legally protected health care activity, which is defined as:
- Exercising or attempting to exercise the right to reproductive health care services orgender-affirming health care in Massachusetts; or
- Helping another to exercise or attempt to exercise the right to reproductive health careservices or gender-affirming health care in Massachusetts.
After the statute was enacted, the Board issued policy guidance to provide additional clarity on the protections afforded under the law. Notwithstanding the statute or the policy guidance issued, there is still uncertainty in the provider community, which could have a chilling effect on delivery of the essential health services protected under the law. These regulations are designed to enshrine what is already in the law, and in providing this clarity and regulatory authority, the regulations are ensuring the uninterrupted continuation of reproductive health care services and gender affirming health care services for patients and providers. This is necessary for the preservation of public health. By implementing emergency regulations, the Board can address the immediate need for clear and provider-specific rules, fostering compliance and ensuring that healthcare professionals are adequately informed and protected under the law.
The public hearing will be held on March 21, 2025, at 10:00 a.m. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:
Dial-in Telephone Number: 888-469-3044
Participant Passcode: 1354782 To Testify Press: *1
A copy of the proposed amendments to 243 CMR 1.00: Disciplinary Proceedings for Physicians and 243 CMR 2.00: Licensing and the Practice of Medicine may be viewed on the Board’s website at https://www.mass.gov/lists/proposed-amendments-to-borim-regulations or requested from the Board by calling 781-876-8200.
Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit written testimony electronically to Reg.Testimony@mass.gov, or by mail to Vita Palazzolo Berg, General Counsel, Board of Registration in Medicine, 178 Albion Street, Wakefield, MA 01880. Please submit electronic testimony as an attached Word document and type “243 CMR 1.00 and 2.00 Shield Law Regulations” in the subject line of the email. All submitted testimony must include the sender’s full name and address.
The Board will post all electronic testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on March 21, 2025. All comments received by the Board may be released in response to a request for public records.
If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Stacy Hart at least 5 days before the hearing at Tel #857-274-1120, or email Stacy.Hart@mass.gov.
CMR No: 243 CMR 1.00
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:
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. The proposed changes must be made through regulation to implement statutory protections applicable to physician licensure established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
Do any other regulations duplicate or conflict with the proposed regulation?
There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
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. 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.
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. The proposed changes must be made through regulation to implement statutory changes to pharmacists’ scope of practice.
Are there alternative regulatory methods that would minimize the adverse impact on small businesses?
No.
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Psychologists, Board of - Registration of
251 CMR 1.00 & 3.00
NOTICE OF PUBLIC HEARING
Notice is hereby given pursuant to M.G.L. c. 30A, § 2 that the Board of Registration of Psychologists (“Board”) within the Department of Public Health will hold a public hearing on emergency amendments to the following regulations: 251 CMR 1.00 Ethical Standards, Professional Conduct, and Disciplinary Proceedings; and 251 CMR 3.00 Registration of Psychologists.
251 CMR 1.00 establishes the ethical standards, professional conduct, and disciplinary procedures used by the Board as they relate to professional psychologists.
251 CMR 3.00 sets forth the Board’s requirements for licensure of psychologists.
These proposed emergency amendments implement and codify into regulation the provisions of St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care. The proposed emergency amendments protect psychologists from disqualification from licensure, and from Board discipline, on the basis of providing, or assisting in providing, reproductive health care services and gender affirming health care services if the services provided would be lawful and consistent with good professional practice if they occurred entirely within Massachusetts. The protection extends to discipline based on a judgment, discipline or other sanction arising from such services.
The public hearing will be held at 10:00 a.m. on Friday, March 21, 2025. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:
Dial-In Telephone Number: 800-779-1624
Participant Passcode: 8935291
A copy of the proposed amendments to 251 CMR 1.00 and 251 CMR 3.00 may be viewed on the Department’s website at http://mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.
Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “BORPSY Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email.
The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on March 21, 2025. All comments received by the Department may be released in response to a request for public records.
CMR No: 251 CMR 1.00: Ethical standards, professional conduct and disciplinary proceedings.
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. The proposed changes must be made through regulation to implement statutory protections applicable to psychologists established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
Do any other regulations duplicate or conflict with the proposed regulation?
No. There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
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.
251 CMR 3.00: Registration of Psychologists
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. The proposed changes must be made through regulation to implement statutory protections applicable to psychologists established by St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
Do any other regulations duplicate or conflict with the proposed regulation?
There are no other regulations that duplicate or conflict with the proposed amendments to this regulation, although complimentary changes may also be made to regulations governing disciplinary actions applicable to other types of health care providers granted statutory protections pursuant to St. 2022, c. 127, An Act Expanding Protections for Reproductive and Gender Affirming Care.
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.