Notices of Public Hearing (Published 4/11/2025)
Elementary and Secondary Education, Department of
603 CMR 18.00
NOTICE OF PUBLIC COMMENT
Pursuant to its authority under MGL c. 69, §1B, 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 proposed amendments to 603 CMR 18.00, Regulations for Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs.
In general, the proposed amendments seek to: require approved special education day programs, including the day component of special education residential programs, to comply with the updated version of 603 CMR 46; and more closely align documentation requirements currently applicable to special education programs to the proposed documentation requirements in 603 CMR 46. The proposed regulations would take effect on September 2, 2025.
Copies of the proposed amendments are available on the Department’s website at https://www.doe.mass.edu/bese/regs-comments/default.html, or at http://www.doe.mass.edu/lawsregs/, or by calling 781-338- 3375.
Public comments may be submitted online by completing this form https://survey.alchemer.com/s3/8224530/Proposed-Amendments-to-Regulations-on-SafetyStandards-and-Physical-Restraint-2025, or by email to specialeducation@mass.gov or by mail to:
Regulations Public Comment, c/o Commissioner’s Office
Department of Elementary and Secondary Education
135 Santilli Highway
Everett, MA - 02149.
The deadline to submit public comment is May 2, 2025 at 5:00 pm.
The Board is expected to vote on the proposed amendments at its regular monthly meeting scheduled for June 24, 2025
Elementary and Secondary Education, Department of 603 CMR 18.00
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 18.00, Regulations for Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs.
In general, the proposed amendments seek to: require approved special education day programs, including the day component of special education residential programs, to comply with the updated version of 603 CMR 46; and more closely align documentation requirements currently applicable to special education programs to the proposed documentation requirements in 603 CMR 46. The proposed regulations would take effect on September 2, 2025.
- 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
Date: 3.26.25
Elementary and Secondary Education, Department of
603 CMR 46.00
NOTICE OF PROPOSED AMENDMENT OF REGULATIONS
Pursuant to its authority under M.G.L. c. 69, §1B, 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 proposed amendments to 603 CMR 46.00, Regulations for Prevention of Physical Restraint and Requirements If Used.
The proposed amendments would:
- Update the definition of seclusion in 603 CMR 46.02 to align it more closely with the definition used by the U.S. Department of Education’s Office for Civil Rights for data collection purposes.
- Update the definition of time-out to specifically include "in an unlocked setting from which the student is permitted to leave."
- Add requirements for any room or area that is used for time-out to specify that it must be of appropriate size for the age and the needs of the student; appropriately lighted, ventilated, and heated or cooled, consistent with the remainder of the building; free of objects or fixtures that are inherently dangerous to the student; in compliance with any applicable local fire and building code requirements; and in compliance with any other standards listed by DESE in guidance.
- Add emergency circumstances under which a type of seclusion, where an adult is present and monitoring the student, may be used as a last resort and list specific conditions that must be met before its use.
- The proposed amendments build in various safeguards when such an emergency intervention is used, such as parental notification, conducting weekly and monthly review of data relating to the use of such an emergency intervention, and documenting and reporting such use to DESE.
- Any schools or programs that utilize such an emergency intervention must examine alternatives and strategies for reducing and eliminating its use no later than 3 years from the effective date of the proposed regulations.
- The proposed regulations would take effect on September 2, 2025.
Copies of the proposed amendments are available on the Department’s website at https://www.doe.mass.edu/bese/regs-comments/default.html, or at http://www.doe.mass.edu/lawsregs/, or by calling 781-338- 3375.
Public comments may be submitted online by completing this form https://survey.alchemer.com/s3/8224530/Proposed-Amendments-to-Regulations-on-SafetyStandards-and-Physical-Restraint-2025, or by email to specialeducation@mass.gov or by mail to:
Regulations Public Comment, c/o Commissioner’s Office
Department of Elementary and Secondary Education
135 Santilli Highway
Everett, MA - 02149.
The deadline to submit public comment is May 2, 2025 at 5:00 pm.
The Board is expected to vote on the proposed amendments at its regular monthly meeting scheduled for June 24, 2025.
Elementary and Secondary Education, Department of 603 CMR 18.00
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 46.00, Regulations for Prevention of Physical Restraint and Requirements If Used.
The proposed amendments would:
- Update the definition of seclusion in 603 CMR 46.02 to align it more closely with the definition used by the U.S. Department of Education's Office for Civil Rights for data collection purposes .
- Update the definition of time-out to specifically include "in an unlocked setting from which the student is permitted to leave."
- Add requirements for any room or area that is used for time-out to specify that it must be of appropriate size for the age and the needs of the student; appropriately lighted, ventilated, and heated or cooled, consistent with the remainder of the building; free of objects or fixt ures t hat are inherently dangerous to the student; in compliance with any applicable local fire and building code requirements; and in compliance with any other standards listed by DESE in guidance.
- Add emergency circumstances under which a type of seclusion, where an adult is present and monitoring the student, may be used as a last resort and list specific conditions that must be met before its use.
- The proposed amendments build in various safeguards when such an emergency intervention is used, such as parental notification, conducting weekly and monthly review of data relating to the use of such an emergency intervention, and documenting and reporting such use to DESE.
- Any schools or programs that utilize such an emergency intervention must examine altern atives and strategies for reducing and eliminating its use no later than 3 years from the effective date of the proposed regulations.
- The proposed regulations would take effe ct on September 2, 2025.
- 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 admini strative 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
Date: 3.26.25
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Fisheries & Wildlife, Division of
321 CMR 3.02(2)
PUBLIC HEARING NOTICE
In accordance with M.G.L., Ch. 131, Sec. 5 and 63, and Ch. 30A, Sec. 2, NOTICE is hereby given that the Division of Fisheries and Wildlife will hold a public hearing on proposed regulatory amendments to 321 CMR 3.02(2) Migratory Game Bird Regulations in Massachusetts on Tuesday, April 29, 2025, at 1:00 p.m., via a Zoom video webinar with the Hearing Officer and MassWildlife staff, with the public joining via computer or phone line. The proposed amendments will set the dates and bag limits for the 2025-2026 migratory game bird seasons.
Join from PC, Mac, iPad, or Android:
https://us02web.zoom.us/j/85910998891?pwd=VFPOurdZcePHf0MoxNwk3qXKtUZ9sT.1
Passcode: 879978
Join by phone: (929) 205-6099
Webinar ID: 859 1099 8891
Passcode: 879978
The proposed regulatory amendments relative to 321 CMR 3.02 and the link to join the Zoom webinar are also posted at Mass.gov/MassWildlife/Hearings, so that interested persons can review the proposed regulations and provide written comments prior to the hearing or oral comments during the virtual hearing.
Written public comments will be accepted only before the hearing, until Monday, April 28, 2025, at 4:00 p.m., via an online comment form; a link to the form can also be found in the notice on the public hearings page above. Written comments may also be submitted by mail, to MassWildlife, Attn: Susan Sacco, 1 Rabbit Hill Road, Westborough, MA 01581. Please note that, due to the U.S. Fish and Wildlife Service’s requirements for filing these regulations, the Fisheries and Wildlife Board must vote immediately following the close of the hearing. Therefore, there will be no written comment period after this public hearing.
MassWildlife is committed to providing equitable access to its public meetings, hearings, and events. American Sign Language (ASL) and Communication Access Realtime Translation (CART) captioning, as well as live interpretation, including in Español, Português, 中文, Kreyòl Ayisyen, and Tiếng Việt, will be provided automatically for attendees who wish to use it. We will also make every effort to provide other languages as requested. Please contact Susan Sacco at susan.sacco@mass.gov to request interpretation in another language by 12:00 p.m. on Thursday, April 24, 2025.
Mark S. Tisa
Mark S. Tisa, Ph.D., M.B.A., Director
CMR No.: 321 CMR 3.00: Hunting
321 CMR 3.02(2): Migratory Game Bird Regulations
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.
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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Health and Human Services, Executive Office of
101 CMR 352.00
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 Tuesday, April 22, 2025, at 10 a.m. relative to the adoption of amendments to the following regulation.
101 CMR 352.00: Rates for Certain Children’s Behavioral Health Services
Summary of Proposed Regulation
Pursuant to M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units to providers of noninstitutional healthcare services, including certain children’s behavioral health services provided under the MassHealth program.
Effective for dates of service on or after August 1, 2025, the proposed amendments increase the rates for seven existing children’s behavioral health services established in 101 CMR 352.00 by updating the corresponding rate models utilizing appropriate inputs from two data sources: provider salaries from May 2023 Bureau of Labor Statistics (BLS) salary data for Massachusetts, and other expenses primarily from FY 2023 Uniform Financial Reports (UFRs). EOHHS also proposes to establish a new service, Family-based Intensive Treatment (FIT), and set its weekly rate at $1,115.05, which is calculated based on a model budget patterned after the intensive care coordination (ICC)-family support and training (FS&T) model budget, with appropriate adjustments. In addition, EOHHS proposes to remove the current rates established in 101 CMR 352.00 for mobile crisis intervention services provided in a hospital emergency department (H2011-HN and H2011-HO), as these services are now provided by acute hospitals and paid for by MassHealth directly to acute hospitals.
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. There is no anticipated fiscal impact on fee-for-service (FFS) MassHealth spending for the proposed amendments as there is no current FFS utilization of the services receiving increases or being established. 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 p.m. on Tuesday, April 22, 2025.
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/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). 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/info-details/executiveoffice- of-health-and-human-services-public-hearings.
March 28, 2025
CMR No.: 101 CMR 352.00: Rates for Certain Children’s Behavioral Health Services
Small Business Impact Statement
(As required by M.G.L. c. 30A §§ 2, 3 & 5)
-
Estimate of the Number of Small Businesses Impacted by the Regulation:
45
-
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. Small businesses are not required by 101 CMR 352.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for certain children’s behavioral health services.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No.
Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?
No.
Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?
No.
Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
(Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)No. Performance standards are not more appropriate than design or operational standards to accomplish the regulatory objective of establishing rates for EOHHS health care services as the proposed regulation is required by statute under M.G.L. Chapter 118E, Section 13C.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?
Yes. This regulation uniformly requires all providers to periodically file cost data.
Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?
No.
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 certain children’s behavioral health services.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes uniform governmental rates of payment for certain children’s behavioral health services.
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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Health and Human Services, Executive Office of
101 CMR 430.00
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 Tuesday, April 22, 2025, at 1:00 p.m. relative to the adoption of amendments to the following regulation.
101 CMR 430.00: Rates for Program of Assertive Community Treatment Services
The proposed regulation contains rates effective for dates of service on or after July 1, 2025. There is no fiscal impact on cities and towns.
101 CMR 430.00 governs the payment rates paid by governmental units for the Program of Assertive Community Treatment services provided to publicly aided individuals. Services with rates established by this regulation are purchased by the Department of Mental Health (DMH).
Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish the rates to be paid by governmental units for social service programs. In accordance with this statutory requirement, the rates in 101 CMR 430.00 are being updated to include an increase by a cost adjustment factor (CAF) of 3.25%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2024 Forecast, baseline scenario data. The CAF reflects the period between the rates’ base period (fiscal year 2025 Q4) and the prospective period of fiscal years 2026 and 2027.
The rates for this DMH service have been updated with the programmatic cost benchmarks to either similar services’ programmatic expenses, the Uniform Financial Statements and Independent Auditor’s Report (UFR), or the purchasing agency’s recommendation. The staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) wages at the 53rd percentile as dated May 2023. The tax and fringe rate has been benchmarked to 24.97%. This benchmark is derived from the MA Comptroller’s FY25 approved rate less terminal leave and retirement. The language in the Severability section has also been updated for consistency across EOHHS rate regulations.
The total projected annualized cost to state government from the increase in rates effective July 1, 2025, is approximately $1.36 million, which represents an increase of 8.37% over FY24 spending of approximately $16.3 million. The increase in spending in FY26 will be covered through the Chapter 257 Reserve Account.
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 Tuesday, April 22, 2025.
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/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). 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/info-details/executiveoffice- of-health-and-human-services-public-hearings.
March 29, 2025
CMR No: 101 CMR 430.00
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:
17
-
Will small businesses have to create, file, or issue additional reports?
Yes. Providers of certain social service program services, including those that are small businesses, will have to create, file, and issue reports as a result of the proposed regulation. The reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers
-
Will small businesses have to implement additional recordkeeping procedures?
Yes. Providers of certain social service program services, including those that are small businesses, will have responsibilities to keep records as a result of the proposed regulation. The recordkeeping requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
-
Will small businesses have to provide additional administrative oversight?
No. Small businesses are not required by this proposed regulation to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for certain social service program services.
Will small businesses have to hire additional employees in order to comply with the proposed regulation?
No. This proposed regulation does not require small businesses to hire additional employees to remain in compliance. The proposed regulation establishes the rates to be paid by governmental units for certain social service program services.
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 proposed regulation to hire other professionals. The proposed regulation establishes the rates to be paid by governmental units for certain social service program services.
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 proposed regulation does not require small businesses to purchase any particular product or make any capital investments. The proposed regulation establishes the rates to be paid by governmental units for certain social service program services.
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 regulation is required by statute under M.G.L. Chapter 118E, Section 13D to establish the specific rates to be paid by governmental units for certain social service programs.
Do any other regulations duplicate or conflict with the proposed regulation?
No.
Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?
Yes. This proposed regulation requires that providers of certain social service program services, including those that are small businesses, periodically file financial statements, cost reports, and additional information as required to ensure compliance with the rates as set by this proposed regulation. 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 proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Is the regulation likely to encourage the formation of small businesses in Massachusetts?
No. The proposed regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this proposed regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.
Does the regulation provide for less stringent compliance or reporting requirements for small businesses?
No. The proposed regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates that are reasonable and adequate to meet the costs incurred by efficiently and economically operated social service program providers. 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 proposed regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates that are reasonable and adequate to meet the costs that are incurred by efficiently and economically operated social service program providers. This 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 compliance and reporting requirements are applied uniformly to all providers 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?
N/A. This proposed regulation satisfies EOHHS’s statutory obligation under M.G.L. Chapter 118E, Section 13D to establish, by regulation, the rates to be paid by governmental units to providers of certain social service program services.
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. The proposed regulation establishes rates paid to certain social service providers when their 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.