Notices of Public Hearing (Published 7/03/2025)

Administration and Finance, Executive Office for
801 CMR 4.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health (the Department) will hold a public hearing and comment period on the proposed amendments to the Executive Office for Administration and Finance regulation 801 CMR 4.00: Rates. The proposed rate amendment was filed on June 23, 2025.

Architectural Plan Review is the review of construction documents for new health care facilities and for additions and renovations to existing licensed health care facilities, prior to the start of the construction. The Department reviews and approves construction documents to ensure that licensed health care facilities meet the applicable physical plant requirements. A collected fee associated with Architectural Plan Review is deposited into a retained revenue account (4510- 0712) to support the Plan Review operations.

In September 2024, An Act to improve quality and oversight of long-term care was passed with changes to improve oversight and standards at long-term care facilities (LTCFs), including the Department’s promulgation of regulations for the establishment of small house nursing homes. The implementation of this requirement will increase the Health Care Facility Architectural Plan Review (Architectural Plan Review) activities of the Department, and the Department proposes increasing the fee for Architectural Plan Review accordingly. The Department proposes increasing the Architectural Plan Review fee from $8.25 to $10.50 per $1,000 of construction costs; the current minimum of $1,500 is not being updated. Renovations of less than $50,000 for licensed facilities would remain exempt from paying the fee.

The public hearing will be held on July 28, 2025 at 1:00PM. The hearing will be conducted on a moderated conference call.
The information for the moderated conference call is:
Dial-in Telephone Number: 800-475-0389
Participant Passcode: 7346502
To Testify Press: *1

A copy of the proposed amendments to 801 CMR 4.00 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 written testimony electronically to 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. 

Please submit electronic testimony as an attached Word document and type “801 CMR 4.00: Executive Office of Administration and Finance Rates Regulations” in the subject line of the email. All submitted testimony must include the sender’s full name and address.

The Department will post all electronic testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on July 28, 2025. All comments received by the Department 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.: 801 CMR 4.000: Rates
Small Business Impact Statement

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

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

  There are approximately 2,600 licensed health care facilities that may need to receive Plan Review approval for renovations to existing facilities. Any new health care facility would be required to receive Plan Review approval for construction of the facility. It is likely that some of these licensed health care facilities may qualify as a small business.

• 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.

Banks and Loan Agencies, Division of
209 CMR 20.00, 32.00, 42.00, 43.00, 50.00, 54.00, 55.00 & 57.00

NOTICE OF PUBLIC HEARING - TUESDAY, JULY 15, 2025 at 10:00 a.m.

Pursuant to the provisions of M.G.L. c. 140, § 96; M.G.L. c. 140D, §§ 3 and 29; M.G.L. c. 167, §§ 1A and 6; M.G.L. c. 167E, § 7A; M.G.L. c. 171, §§ 6A, 16, and 65C½; M.G.L. c. 183, § 69; M.G.L. c. 183C; M.G.L. c. 255B, § 3; M.G.L. c. 255C, § 6; M.G.L. c. 255D, § 3; M.G.L. c. 255E, §§ 2 and 8; and in accordance with M.G.L. c. 30A, § 2, a public hearing will be held on Tuesday, July 15, 2025 at 10:00 a.m., One Federal Street, Room 6017, Boston, Massachusetts, at which the Division of Banks (Division) will receive oral comments relative to the proposed amendments to the following regulations:

• 209 CMR 20.00: Small Loans, Sales Finance Companies and Insurance Premium Finance Companies;
• 209 CMR 32.00: Truth in Lending;  
• 209 CMR 42.00: The Licensing of Mortgage Lenders and Mortgage Brokers; 
• 209 CMR 43.00: Audit and Security Requirements for Credit Unions;
• 209 CMR 50.00: Parity with Federal Credit Unions;
• 209 CMR 54.00: Mortgage Lender Community Investment;
• 209 CMR 55.00: Reverse Mortgage Loans; and
• 209 CMR 57.00: Flood Insurance.

209 CMR 20.00: Small Loans, Sales Finance Companies and Insurance Premium Finance Companies

The purpose of 209 CMR 20.00: Small Loans, Sales Finance Companies and Insurance Premium Finance Companies, is to provide the licensing and supervisory requirements applicable to the identified licensees. The proposed amendments would create consistency across the Division’s license types with regard to several provisions and eliminate another outdated provision in the regulation.

209 CMR 32.00: Truth in Lending

The purpose of 209 CMR 32.00, Truth in Lending, is to set forth the disclosure requirements for open and closed end credit. The Commonwealth maintains its own Truth in Lending Act, however, it largely mirrors the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. (TILA). The Division of Banks’ (Division) regulation currently aligns with TILA’s implementing regulation, the federal Regulation Z, except in cases where the Commonwealth’s statutes differ. The proposed amendment would update the Division’s regulation addressing timing requirements for loans with an adjustable rate.

209 CMR 42.00: The Licensing of Mortgage Lenders and Mortgage Brokers

The purpose of 209 CMR 42.00 is to establish procedures and requirements for the licensing and supervision of mortgage lenders and brokers under the provisions of M.G.L. c. 255E. The proposed amendments would update a provision in 209 CMR 42.14 to require disclosure of a unique identifier, rather than the lender’s license type and number, as well as the inclusion of a definition of “unique identifier.”

209 CMR 43.00: Audit and Security Requirements for Credit Unions

The purpose of 209 CMR 43.00 is to establish examination and audit requirements for Massachusetts-chartered credit unions (credit unions) and their auditing committees. The frequency, scope and minimum requirements for credit union audits and share verifications are specified within 209 CMR 43.00. In addition, 209 CMR 43.00 includes provisions relative to compliance with federal regulations relative to security and protection of credit unions. The proposed amendments would update a provision in 209 CMR 43.05(3) relative to credit committees of credit unions to reflect that credit unions are no longer required by law to have these committees, as permitted by statute. The proposed amendments would also make a technical amendment to the definition of a “Auditing Committee Review” in 209 CMR 43.02, to update the reference to the pertinent National Credit Union Administration authority.

209 CMR 50.00: Parity with Federal Credit Unions

The purpose of 209 CMR 50.00 et seq. is to specify authorized powers and activities of credit unions, pursuant to M.G.L. c. 171, §6A, and to establish procedures and requirements, applicable to credit unions seeking to exercise powers granted to or conduct activities authorized for federal credit unions under federal law, to the extent that such powers are not otherwise prohibited. The proposed amendments restructure and streamline procedural requirements by: allowing state-chartered credit unions to exercise certain authorities that previously required approval to be done by notice or neither approval nor notice; including some notice authorities to now require neither approval nor notice; reflecting changes set forth in the 2020 Credit Union Modernization Act; offering a broader scope for certain existing authorities, including subordinated debt authority, incidental powers, and credit union service organization (CUSO) authorities, and investment authorities; and new authority for certain incidental powers authorities.

209 CMR 54.00: Mortgage Lender Community Investment

The purpose of 209 CMR 54.00: Mortgage Lender Community Investment is to carry out the mortgage lender community investment purposes of M.G.L. c. 255, § 8 by establishing the framework and criteria by which the Commissioner of Banks (Commissioner) assesses a mortgage lender’s record of helping to meet the mortgage credit needs of the Commonwealth, including low- and moderate-income neighborhoods and individuals, consistent with the safe and sound operation of the mortgage lender, and by providing that the Commissioner takes that record into account in considering certain applications pursuant to 209 CMR 54.26. The proposed changes to 209 CMR 54.00 update citations regarding federal Regulation C, regarding Home Mortgage Disclosures.

209 CMR 55.00: Reverse Mortgage Loans

The purpose of 209 CMR 55.00 is to implement the additional consumer protections afforded by the law to reverse mortgage borrowers that fall within a certain income and asset threshold. Pursuant to M.G.L. c. 167E, Section 7 or M.G.L. c. 171, Section 65C, a mortgagee is prohibited from making a reverse mortgage loan unless the mortgagor has affirmatively opted in to the reverse mortgage and has received counseling from a counselor employed by a third-party organization whose counseling program has been approved by the Executive Office of Aging and Independence. The proposed amendments would update the regulation to reflect that the law now authorizes the third-party counseling to take place via synchronous, real-time video conference or by telephone, in addition to in-person. In addition, the amendments would update the regulation to refer to the Executive Office of Aging and Independence.

209 CMR 57.00: Flood Insurance

The purpose of 209 CMR 57.00 is to implement the requirements of M.G.L. c. 183, s. 69 when a purchaser or owner of residential property is required to purchase or pay for flood insurance coverage on residential property located in a designated special flood hazard area. The proposed amendment would update a provision in 209 CMR 57.04(3)(b) to eliminate a record retention requirement when multiple creditors or creditor representatives are involved in a single residential loan transaction.

Additional changes may be made based on comments received at the public hearing or during the comment period. 

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing to Jennifer DeWitt at 617-956-1549 or jennifer.dewitt@mass.gov. 

If there are any questions, please contact the Division’s Legal Unit at 617-956-1520. 

Written comments may be submitted to the Division on the proposed amendments until Tuesday, July 22, 2025 at 5:00 p.m. to dob.comments@mass.gov. 

Copies of the amendments are available at, and copies may be obtained from, the Massachusetts Division of Banks, at www.mass.gov/dob/. 

CMR No: 209 CMR 20.00: Small Loans, Sales Finance Companies and Insurance Premium Finance Companies 
Small Business Impact Statement

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

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

  There are 39 small loan companies; 72 motor vehicle finance companies; 23 insurance premium finance companies; and 26 retail installment finance companies licensed by the Division of Banks (Division) as of 6/13/25. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

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

  No. Small loan companies, motor vehicle finance companies, insurance premium finance companies, and retail installment finance companies licensed by the Division that would be considered small businesses (hereinafter referred to as Licensees), will not have to create, file or issue additional reports as a result of the amendment.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Licensees will not have to implement additional recordkeeping procedures as a result of the proposed amendment.

• 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 Division proposes to amend this regulation to clarify what is included in the definition of intangible assets for purposes of net worth, creating consistency across the Division’s license types; eliminate an outdated and confusing provision permitting a small loan license “letter application” for existing mortgage lender licensees of the Division; and clarify requirements for notification to the Division regarding net worth changes, annual report requirements, and class action notifications, creating consistency across Division license types.
  

• 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 the Executive Office of Health and Human Services (EOHHS) to develop rates for certain HCBS waiver services. This cost reporting requirement is applied uniformly to all providers and is necessary 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 decision to establish and seek licensure as a small loan company, motor vehicle finance company, insurance premium finance company, or retail installment finance company is based on many economic factors. The amendment of this regulation would not likely discourage the formation of small loan companies, motor vehicle finance companies, insurance premium finance companies, and retail installment finance companies in Massachusetts.

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

  No. As noted above, the decision to establish and seek licensure as a small loan company, motor vehicle finance company, insurance premium finance company, or retail installment finance company is based on many economic factors. The amendment of this regulation would not likely encourage the formation of new small loan companies, motor vehicle finance companies, insurance premium finance companies, and retail installment finance companies in Massachusetts.

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

  No. Even with the amendment of the regulation, the statute requires compliance for all Licensees. Therefore, less stringent compliance is not an option for entities with few employees.

• 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.  As noted above, the Division is proposing to amend this regulation to clarify and update certain provisions.

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

  No.  

CMR No: 209 CMR 32.00: Truth in Lending
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:

  As of 6/13/25, with regard to state-chartered financial institutions, there are 88 state-chartered banks and 48 credit unions, as well as 279 licensed mortgage lenders. In addition, there are approximately 135 federally-chartered banks and credit unions with their main offices in Massachusetts offering residential mortgage loans in the Commonwealth. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

• 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 main purpose of the proposed amendments to 209 CMR 32.00 is to update the Division’s regulation addressing disclosure requirements to clarify that with regard to loans with an adjustable rate, the timing for providing the required notice of a rate change is measured from the date of the adjusted payment, as opposed to the technical date of the interest rate adjustment. These would nearly always be the same day, but this amendment would provide clarification to the industry so that they may measure the timeframe for the required notice from the date of the adjusted payment, thereby ensuring that the Division’s regulation is aligned with federal Regulation Z.
  

• 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. Banks, credit unions and other lenders regulated by the Division are already subject to the examination process, and are required to cooperate. Although the requirements of the regulation are subject to review during the examination process, the regulation does not mandate additional examinations, so the Division does not anticipate any extra costs will be incurred.

• 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 decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

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

  No. As noted above, the decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

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

  No. Even with the amendment of the regulation, the statute requires compliance for all Licensees. Therefore, less stringent compliance is not an option for entities with few employees.

• 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.  As noted above, the main purpose of the proposed amendments to 209 CMR 32.00 is update the Division’s regulation addressing disclosure requirements to clarify that with regard to loans with an adjustable rate, the timing for providing the required notice of a rate change is measured from the date of the adjusted payment, as opposed to the technical date of the interest rate adjustment. These would nearly always be the same day, but this amendment would provide clarification to the industry so that they may measure the timeframe for the required notice from the date of the adjusted payment, thereby ensuring that the Division’s regulation is aligned with federal Regulation Z.

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

  No.  

CMR No: 209 CMR 42.00: The Licensing of Mortgage Lenders and Mortgage Brokers
Small Business Impact Statement 

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

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

  There are 279 mortgage lenders and 429 mortgage brokers licensed by the Division of Banks (Division) as of 6/13/25. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

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

  No. Mortgage lenders and mortgage brokers licensed by the Division that would be considered small businesses (hereinafter referred to as Licensees), will not have to create, file or issue additional reports as a result of the amendment.

• 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 Division proposes to amend this regulation to update a provision in 209 CMR 42.14 to change the current requirement for mortgage lenders and mortgage brokers to disclose their license type and number to a consumer when a fee is paid or a residential mortgage loan application is accepted. Following the proposed amendment, in lieu of the license type and number, a mortgage lender or mortgage broker would be required to disclose its unique identifier which is a number assigned by the Nationwide Multi-State Licensing System & Registry (NMLS), a multistate licensing system. The unique identifier would be disclosed in writing at the time the consumer is required to pay a fee or a residential mortgage loan application is provided or presented for signature. In addition, 209 CMR 42.00 is also amended to add a definition of “unique identifier”.
  

• 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. Licensees are subject to the examination process and are required to cooperate. The amendment of the regulation would not mandate any additional examinations or audits, so the Division does not anticipate any extra costs would be incurred.

• 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 decision to establish and seek licensure as a mortgage lender or mortgage broker is based on many economic factors. The amendment of this regulation would not likely discourage the formation of new mortgage lenders or mortgage brokers in Massachusetts.

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

  No. As noted above, the decision to establish and seek licensure as a mortgage lender or mortgage broker is based on many economic factors. The amendment of this regulation would not likely encourage the formation of new mortgage lenders or mortgage brokers in Massachusetts.

• 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.  As noted above, the Division is proposing to amend this regulation to clarify and update certain provisions.

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

  No.  

CMR No: 209 CMR 43.00: Audit and Security Requirements for Credit Unions
Small Business Impact Statement

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

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

  There are 48 Massachusetts-chartered credit unions in the Commonwealth as of 6/13/25. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

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

  Massachusetts-chartered credit unions that would be considered small businesses (hereinafter referred to as credit unions), will not have to create, file or issue additional reports as a result of the amendment.

• 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 Division proposes to amend this regulation to update a provision in 209 CMR 43.05(3) relative to credit committees of credit unions to reflect that credit unions are no longer required by law to have these committees, pursuant to Chapter 338 of the Acts of 2020. In addition, the proposed amendments would also make a technical amendment to the definition of a “Auditing Committee Review” in 209 CMR 43.02. This definition references a National Credit Union Administration (NCUA) document setting forth the standards for Supervisory Audits with which a credit union, at a minimum, must comply. The proposed amendment would update the reference to this document, which is now at 12 CFR Part 715: Supervisory Committee Audits and Verifications at Appendix A: Supervisory Audit Minimum Procedures.
  

• 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. Credit unions are subject to the examination process and are required to cooperate. The amendment of the regulation would not mandate any additional examinations or audits, so the Division does not anticipate any extra costs would be incurred.

• 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 decision to establish and seek licensure as a small loan company, motor vehicle finance company, insurance premium finance company, or retail installment finance company is based on many economic factors. The amendment of this regulation would not likely discourage the formation of small loan companies, motor vehicle finance companies, insurance premium finance companies, and retail installment finance companies in Massachusetts.

• 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.  

CMR No: 209 CMR 50.00: Parity with Federal Credit Unions
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:

  Credit unions chartered by the Division of Banks (Division) that would be considered small businesses (hereinafter referred to as credit unions), will not have to create, file or issue additional reports as a result of the amendment.

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

  No. Credit unions will not have to implement additional recordkeeping procedures as a result of the proposed amendment.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Licensees will not have to implement additional recordkeeping procedures as a result of the proposed amendment.

• 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 Division proposes to amend this regulation to restructure and streamline procedural requirements by allowing Massachusetts-chartered credit unions to exercise certain authorities that previously required approval to be done by notice or neither approval nor notice. The proposed amendments also include some notice authorities to now require neither approval nor notice. The Division is looking to significantly reduce the regulatory burden in making these authorities available to credit unions. The proposed amendments also reflect changes set forth in Chapter 338 of the Acts of 2020, An Act Modernizing the Credit Union Laws. The proposed amendments would also offer a broader scope for certain existing authorities, including subordinated debt authority, incidental powers, and credit union service organization (CUSO) authorities, and investment authorities; and new authority for certain incidental powers authorities.
  

• 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. Credit unions are subject to the examination process and are required to cooperate. The amendment of the regulation would not mandate any additional examinations or audits, so the Division does not anticipate any extra costs would be incurred.

• 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 establishment as a credit union is based on many economic factors. The amendment of this regulation would not likely discourage the formation of new credit unions in Massachusetts.

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

  No. The establishment as a credit union is based on many economic factors. As noted above, the chartering of credit unions is based on many economic factors. The amendment of this regulation would not likely encourage the formation of new credit unions in Massachusetts.

• 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.  

CMR No: 209 CMR 54.00: Mortgage Lender Community Investment
Small Business Impact Statement

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

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

  There are 279 mortgage lenders licensed by the Division of Banks (Division) as of 6/13/25. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

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

  No. Mortgage lenders licensed by the Division that would be considered small businesses (hereinafter referred to as Licensees), will not have to create, file or issue additional reports as a result of the amendment.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Licensees will not have to implement additional recordkeeping procedures as a result of the proposed amendment.

• 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 Division proposes to amend this regulation to update citations regarding federal Regulation C, regarding Home Mortgage Disclosures. The citations in the regulation to 12 CFR Part 203, under the Board of Governor of the Federal Reserve System, have been revised to 12 CFR 1003, which is under the Consumer Financial Protection Bureau (CFPB). The Division notes that the purpose of 209 CMR 54.00 is to carry out the mortgage lender community investment purposes of M.G.L. c. 255, § 8 by establishing the framework and criteria by which the Commissioner of Banks (Commissioner) assesses a mortgage lender’s record of helping to meet the mortgage credit needs of the Commonwealth, including low- and moderate-income neighborhoods and individuals, consistent with the safe and sound operation of the mortgage lender, and by providing that the Commissioner takes that record into account in considering certain applications pursuant to 209 CMR 54.26.
  

• 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. Licensees are subject to the examination process and are required to cooperate. The amendment of the regulation would not mandate any additional examinations or audits, so the Division does not anticipate any extra costs would be incurred.

• 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 decision to establish and seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely discourage the formation of new mortgage lenders in Massachusetts.

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

  No. As noted above, the decision to establish and seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage the formation of new mortgage lenders in Massachusetts.

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

  No. Even with the amendment of the regulation, the statute requires compliance for all Licensees. Therefore, less stringent compliance is not an option for entities with few employees.

• 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.  As noted above, the Division is proposing to amend this regulation to clarify and update certain provisions.

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

  No.  

CMR No: 209 CMR 55.00: Reverse Mortgages
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:

  As of 6/13/25, with regard to state-chartered financial institutions, there are 29 co-operative banks, 41 savings banks, 18 trust companies, and 48 credit unions. In addition, there are 279 mortgage lenders as of 6/13/25. There are approximately 135 federally-chartered banks and credit unions offering residential mortgage loans in Massachusetts. The preceding entities are collectively referred to as “mortgagees” herein. However, it should be noted that any person making a mortgage loan or holding a mortgage loan is subject to the law and therefore would be subject to this regulation. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

• 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 main purpose of the proposed amendments to 209 CMR 55.00 is to update the regulation to reflect that mortgagors required to receive counseling with regard to reverse mortgages do so either in-person, via telephone, or via video conference. The permanent addition of the telephonic and video conferencing options was added by Chapter 88 of the Acts of 2024.
  

• 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. Banks, credit unions and other lenders regulated by the Division are already subject to the examination process, and are required to cooperate. Although the requirements of the regulation are subject to review during the examination process, the regulation does not mandate additional examinations, so the Division does not anticipate any extra costs will be incurred. The Division does not examine or regulate counseling agencies, and therefore cannot comment on regulatory oversight of their efforts.

• 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 decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

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

  No. As noted above, the decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

• 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. As noted above, the main purpose of the proposed amendments to 209 CMR 55.00 is to update the regulation to reflect that mortgagors required to receive counseling with regard to reverse mortgages do so either in-person, via telephone, or via video conference. The permanent addition of the telephonic and video conferencing options was added by Chapter 88 of the Acts of 2024.

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

  No.  

CMR No: 209 CMR 57.00: Flood Insurance
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:

  As of 6/13/25, with regard to state-chartered financial institutions, there are 88 state-chartered banks and 48 credit unions, as well as 279 licensed mortgage lenders. In addition, there are approximately 135 federally-chartered banks and credit unions with their main offices in Massachusetts offering residential mortgage loans in the Commonwealth. Additionally, banks which do not have their main office in the Commonwealth also make loans here but are not included in the above numbers. While it is difficult to estimate what percentage may be small businesses, it is possible that there could be some that are.

• 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 main purpose of the proposed amendments to 209 CMR 57.00 is to update a provision in 209 CMR 57.04(3)(b) to eliminate a record retention requirement when multiple creditors or creditor representatives are involved in a single residential loan transaction.
  

• 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. Banks, credit unions and other lenders regulated by the Division are already subject to the examination process, and are required to cooperate. Although the requirements of the regulation are subject to review during the examination process, the regulation does not mandate additional examinations, so the Division does not anticipate any extra costs will be incurred.

• 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 decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

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

  No. As noted above, the decision to seek to establish a new bank or credit union, or to seek licensure as a mortgage lender is based on many economic factors. The amendment of this regulation would not likely encourage or discourage the establishment of a bank or credit union, or discourage an individual from seeking licensure as a mortgage lender.

• 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.  As noted above, the main purpose of the proposed amendments to 209 CMR 57.00 is to update a provision in 209 CMR 57.04(3)(b) to eliminate a record retention requirement when multiple creditors or creditor representatives are involved in a single residential loan transaction.

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

  No.  

Drinking Water Supply Facilities, Board of Certification of Operators of
236 CMR 4.00

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT

Pursuant to M.G.L. c. 13, §66B, and c. 30A, §2, the Board of Certification of Operators of Drinking Water Supply Facilities will hold a virtual public hearing regarding proposed amendments to the Board’s regulations at 236 CMR 4.00, which establish qualification requirements for licensure as an operator of drinking water supply facilities. A small business impact statement has been filed with the Secretary of the Commonwealth’s Office. 

The Board will hold this public hearing on Friday, July 11, 2025, at 9:00 a.m. by videoconference at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting,
Meeting ID: 250 722 104 329 0,
Passcode: CX3cz2L6.
For telephone access, dial: 1-857-327-9245,
Phone Conference ID: 409 708 770# 

Interested parties will be given an opportunity to present testimony orally or in writing at this hearing. 

Written comments may be emailed to drinkingwaterboard@mass.gov or mailed to the:
Board of Certification of Operators of Drinking Water Supply Facilities
Division of Occupational Licensure
One Federal Street, 6th Floor
Boston, MA 02110
Attention: Ryan Doherty. 

Written comments must be received by 9:00 a.m. on Friday, July 11, 2025. A copy of the proposed regulations may be obtained at the Board’s website at https://www.mass.gov/orgs/board-of-certification-of-operators-of-drinking-water-supply-facilities or by contacting the Board office directly at the above address or by phone: (617) 701-8732.

CMR No: 236 CMR 4.00
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:

  6,423 Licensees.

• 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. Design/operations standards are more appropriate because state law mandates, “Said board shall meet at the call of the chairman and shall by rule establish the minimum qualification which must be possessed by operators of drinking water supply facilities.”
  

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

  No.  

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

  No. No, this section sets the minimum certification requirements for licensure to operate any given level public water system.

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

  No, individual Operators will continue to be required to meet continuing education requirements, but the regulation does not require small businesses to provide these educational services to Operators.

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

  No. There is no provision in the regulation that should deter the formation of small businesses in the Commonwealth.

• 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?

  Design standards are more appropriate because the regulation sets minimum standards for operator certification for each public water system classification.

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

  No, licensing qualifications and minimum practice standards are “requirement[s] of general application and future effect,” which must be established through regulations pursuant to G.L. c. 30A, s. 1(5) and G.L. c. 13, §66B.

Energy and Environmental Affairs, Executive Office of
301 CMR 41.00

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Massachusetts Executive Office of Energy and Environmental Affairs, under its authority pursuant to M.G.L. Chapter 21I, Sections 4, 9 in conformance with M.G.L. 30A, will hold a public hearing on proposed amendments to 301 CMR 41.00 Toxic or Hazardous Substance List. These regulations implement changes to the list of chemicals made by the Administrative Council on Toxics Use Reduction, pursuant to the statutory amendments to the Toxics Use Reduction Act (TURA, Chapter 21I) made in 2006. Please note that this meeting is being conducted remotely.

On August 10, 2023, pursuant to M.G.L. c. 21I, the TURA Administrative Council voted to add a substance category of Didecyl Dimethyl Ammonium Chloride (DDAC) and Alkyl Dimethyl Benzyl Ammonium Chloride (ADBAC) subgroups of Quaternary Ammonium Compounds as identified as EPA registered products in the EPA Final Workplan Registration Reviews in Docket Number EPA-HQ-OPP-2015-0740 (document ID EPA-HQ-OPP-2015-0740-0004, March 2017) and Docket Number EPA-HQ-OPP-2015-0737 (document ID EPA-HQ-OPP-2015-0737-0004, March 2017).

The proposed amendment would implement the Council’s decision by amending the Toxics or Hazardous Substance List regulations 301 CMR 41.00; specifically, to add 301 CMR 41.03(18) listing this category.

A public hearing will be conducted via Zoom meeting at 1 p.m. on July 25, 2025 to receive comments on the proposed amendment. Testimony may be presented orally or in writing at the hearing. Meeting access information is below:

Public Hearing on Revisions to TURA Toxic or Hazardous Substance List Time:
1pm – 3pm Eastern Time (US and Canada), July 25, 2025

Join Zoom Webinar: https://zoom.us/j/97159489949
Webinar ID: 971 5948 9949
Find your local number: https://zoom.us/u/azd3dmqeG

Simultaneous interpretation, including ASL, will be provided at this virtual hearing in the following languages: Spanish, Portuguese, Chinese, Haitian Creole, and Vietnamese. Testimony may be presented orally at the public hearing or in writing.

Written testimony will be accepted until 5 p.m. on August 8, 2025. Written testimony should be submitted via email to Tiffany Skogstrom at tiffany.skogstrom@mass.gov or via mail to:
Tiffany Skogstrom, Executive Director
TURA Administrative Council
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, 10th Floor
Boston, MA 02114. 

Copies of the proposed regulations are available on the Executive Office of Energy and Environmental Affairs web site at https://www.mass.gov/doc/proposed-revisions-to-301-cmr-4103-2025/download, or may be obtained by sending an email or calling Tiffany Skogstrom at 857-275-1561. 

Reasonable accommodations for people with disabilities are available upon request. To submit a request for an accommodation please email eeadiversity@mass.gov or call 617-872-3270, and an ADA Coordinator will receive your request. Please include a description of the request in as much detail as possible and a way we can contact you if we need more information. Please allow at least two weeks (14 days) advance notice. Last minute requests will be accepted but we may be unable to fulfill the request. 

Translations of this notice are available in Spanish, Portuguese, Chinese, Haitian Creole, and Vietnamese at https://www.mass.gov/tura-regulations-and-amendments. 

CMR No: 301 CMR 41:00 Toxic or Hazardous Substance List
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:

  3-10

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

  Yes. Manufacturers covered by the regulation and using more than the threshold amount of the substance category will be required to file an annual report with the Massachusetts Department of Environmental Protection (MassDEP) in regard to the newly listed substance category

• Will small businesses have to implement additional recordkeeping procedures?

  No. Manufacturers required to file annual reports must develop and use a chemical tracking system to keep track of the amount of the reportable chemical purchased and used on site; the amount released to the workplace and environment, or generated as waste during manufacturing operations; and the amount of the chemical incorporated into products and sold in commerce. However, the manufacturers anticipated to be affected by this listing are already required to track chemical use for TURA-reportable chemicals or for waste or emissions reporting, so this proposed amendment would not be expected to place new requirements on any new filers

• Will small businesses have to provide additional administrative oversight?

  No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to provide additional oversight.

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

  No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to hire additional employees to comply.

• 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. TURA is neither a performance nor a design standard, but employs right to know disclosure and what has been termed a "management" standard. It leaves the decision of whether to switch chemicals or make manufacturing process changes up to the manufacturer based on the self-evaluation of their business needs. This approach ensures that manufacturers subject to TURA only undertake changes that are technically and financially feasible and make good business sense.
  

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

  No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to cooperate with any new types of enforcement activities.

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

  Yes. The reports that are submitted to the MassDEP and signed by a senior management offical are accompanied by an annual reporting fee. If a facility reduces use below threshold, the fee no longer applies. The fee varies by the size of the manufacturing business (number of employees), with smaller manufacturers paying significantly less than larger manufacturers.

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

  No. All manufacturers expected to be covered by the regulation are already TURA filers and will not need to provide additional educational services.

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

  No. The regulation will not meaningfully impact the or deter the formation of small businesses in Massachusetts.

• 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?

  Yes. TURA specifically exempts manufacturing businesses with fewer than ten full-time equivalent employees. The law also allows manufacturers to remove themselves from the regulatory requirements by reducing use below threshold amounts.

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

  No. All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for less stringent schedules or deadlines for compliance.

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

  All large quantity toxics users are subject to the same reporting and compliance requirements. The statute requires they be treated equally and does not allow for consolidation or simplified reporting. However, the TURA Program may assist small manufacturing businesses with compliance by targeting assistance services, outreach, research, and grant programs to users of substances on the TURA List.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The TURA statute sets out a standard that leaves the responsibility for deciding to make changes or switch to an alternative chemical, or to do nothing at all, up to regulated entities.

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

  No. None have been identified by the program that are within its statutory discretion.

• Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe

  Yes. Announcement of the public meetings with an agenda was sent to the list of TURA program stakeholders that are notified of each Administrative Council and Advisory Committee meeting. Those contacted included stakeholders and trade associations, many of which participated in these meetings.

• Are there regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation?

  No.  

Health and Human Services, Executive Office of
101 CMR 346.00

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 Friday, July 11, 2025, at 11:00 a.m. relative to the emergency adoption of amendments to the following regulation.

101 CMR 346.00: Rates for Certain Substance-Related and Addictive Disorders Programs 

The regulation went into effect as an emergency on July 1, 2025. There is no fiscal impact on cities and towns.

101 CMR 346.00 governs the payment rates for certain substance-related and addictive disorders programs provided to publicly aided individuals by governmental units. Pursuant to M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish, by regulation, rates to be paid by governmental units for health services and social service programs. In accordance with this statutory requirement, the proposed amendments to 101 CMR 346.00 update the rates to be paid by governmental units for Residential Rehabilitation programs including Clinically Managed Detoxification Programs; Supportive Case Management services; Triage, Engagement, and Assessment (TEA) program services; Office-Based Opioid Treatment (OBOT) ambulatory and recovery coach; and Opioid Treatment Program (OTP) services. The proposed amendments to these service rates include an increase by a cost adjustment factor (CAF) of 3.25%, effective July 1, 2025. 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 (calendar year 2025 Q2) and the prospective period of fiscal years 2026 and 2027. In addition to the CAF, the rates for all services have been updated to include all staff salaries, benchmarked to the most recent Massachusetts Bureau of Labor Statistics (BLS) wages dated May 2023 at the 53rd percentile. The programmatic expenses are benchmarked to the Uniform Financial Statements and Independent Auditor’s Report (UFR) and the purchaser’s recommendations. The administrative allocation is benchmarked to 12% and 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.

At the request of the provider community, the proposed amendments also incorporate the rates for Opioid Treatment Programs (OTPs) into this regulation. These OTP rates are currently in 101 CMR 444.00: Rates for Certain Substance Use Disorder Services; however, they have been noted for removal, effective July 1, 2025.

Additionally, the proposed amendments include a new rate aimed to improve access to medications for opioid use disorders (MOUD), including methadone, for nursing facility residents with substance use disorders (SUD). The purpose of the rate is to incentivize OTPs to work more closely with nursing facilities to deliver medications directly to residents and reduces the need for daily resident transportation to OTPs, thereby generating savings from reduced transportation costs.

The estimated fiscal impact of the proposed amendments to the clinically managed detoxification programs; supportive case management services; triage, engagement, and assessment (TEA) program services; and office-based opioid treatment (OBOT); ambulatory and recovery coach rates for DPH is an overall annualized increase in state spending of 13.11% or approximately $9.76 million over FY24 spending of $74.4 million. The estimated fiscal impact to MassHealth is an overall annualized increase in spending of 13.47% or approximately $1.6 million over FY24 fee-for-service spending of $11.9 million. The increase in spending in FY26 will be covered through a combination of the Chapter 257 Reserve Account and the DPH and MassHealth FY26 operating budgets.

The estimated fiscal impact of the rates for OTP services being incorporated into the regulation is estimated to be $14.8 million for DPH and $18.7 million for MassHealth and will be covered through a combination of the Chapter 257 Reserve Account and the DPH and MassHealth FY26 operating budgets.

The estimated fiscal impact of the new medication access rate is approximately $900,000 and will be covered through the MassHealth 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-services-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Written testimony will be accepted through 5:00 p.m. on Friday, July 11, 2025.
EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the emergency regulation, go to www.mass.gov/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. To view or download related supporting materials, go to www.mass.gov/info-details/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 final, revised version of the emergency 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/executive-office-of-health-and-human-services-public-hearings. 

June 20, 2025 

CMR No: 101 CMR 346.00
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:

  96

• 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 419.00

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 Friday, July 11, 2025, at 9:00 a.m. relative to the adoption of amendments to the following regulation.

101 CMR 419.00: Rates for Supported Employment 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 419.00 establishes the payment rates for supported employment services provided to publicly aided individuals by governmental units under EOHHS’s regulatory authority. These services are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), and MassAbility (formerly known as the Massachusetts Rehabilitation Commission).

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 the rates to be paid by governmental units to providers of social service programs. The rates for all the supported employment services are being updated to include an increase by a cost adjustment factor (CAF) of 3.25%, effective July 1, 2025. 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 (calendar year 2025 Q2) and the prospective period of fiscal years 2026 and 2027. In addition to the CAF, the rates for all services have been updated to include all staff salaries, benchmarked to the most recent Massachusetts Bureau of Labor Statistics (BLS) wages dated May 2023 at the 53rd percentile. The administrative allocation has been benchmarked to 12% and 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 annualized cost to state government from the proposed amendments is approximately $9.1 million, which represents an increase of 16.16% over a combination of FY24 and FY25 projected spending of approximately $56.7 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-services- public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Written testimony will be accepted through 5:00 p.m. on Friday, July 11, 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/info-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. To view or download related supporting materials, go to www.mass.gov/info-details/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/info-details/executive-office-of-health-and-human-services-public-hearings.

June 20, 2025 

CMR No: 101 CMR 419.00
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:

  102

• 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 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. 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 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 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.

Housing and Livable Communities, Executive Office of
760 CMR 69.00

NOTICE OF PUBLIC HEARING

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed promulgation of regulation, 760 CMR 69.00 - Starter Home Zoning Districts. EOHLC's regulatory authority for this action is provided under M.G.L. St. 2004, c. 149; St. 2016, c. 219, §§ 37 through 54; M.G.L. c. 40; M.G.L. c. 23B. In accordance with M.G.L. c. 30A, § 5, the proposed regulation has a minimal or non-existent Small Business Impact. The purpose of the regulation is to establish rules, standards, and procedures for an optional housing program for Massachusetts municipalities called the Starter Home Zoning District Program created by M.G.L. c. 40Y. Written comments on the proposed regulation may be submitted no later than 11 :59 PM on July 11, 2025, by sending the same electronically to EOHLCRegulationComments@mass.gov , including "Comments on 760 CMR 69" in the subject line. A copy of the proposed regulation will be posted on EOHLC's website at https://www.mass.gov/info-details/eohlc-regulationscurrent- regulations-and-proposed-amendments .

CMR No: 760 CMR 69
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 regulations do not directly impact any small businesses since adoption of Starter Home Zoning Districts is discretionary. It does, however, provide a tool for developers in their negotiations with municipalities over small home development projects

• 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.)

  Yes.  This program is designed to achieve an outcome without regulating the process.
  

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

  Yes. Existing regulations for 760 CMR 59 Smart Growth Zoning still mention starter home zoning, although they have no effect given the removal of starter homes from the enabling statute. They will be updated next, and we intend to include some changes from what we learn in the public engagement over these new regulations since the two programs track each other.

• 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?

  Yes. It is possible that this program will support more small businesses by unlocking restrictive zoning so that more small homes can be built, giving small developers, architects, and laborers a greater opportunity for success.

• 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.  

• 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?

  Not applicable as this program provides a payment for municipal zoning.

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

  No. The program should not have any significant adverse impacts on small businesses. Regulations are also required to ensure appropriate use of state funds.

Insurance, Division of
Proposed Amendments to Division of Insurance Regulations:
211 CMR 16.00, 211 CMR 90.00, 211 CMR 110.00, 211 CMR 140.00 and 211 CMR 144.00 Docket No. G2025-04

NOTICE OF PUBLIC HEARING

Pursuant to M.G.L. c. 30A and the authority granted to the Commissioner of Insurance (“Commissioner”) under M.G.L. c. 152, c. 175, and c. 176H, the Commissioner will hold a hearing on August 21, 2025 at 10:00 a.m. to consider proposed amendments to these regulations. The hearing will be held virtually using TEAMS, a digital meeting program. The purpose of the hearing is to afford persons who wish to comment on these proposed regulatory changes an opportunity to do so.

The proposed regulatory changes are summarized below. 

211 CMR 16.00. Petitions for the Adoption, Amendment or Repeal of Regulations

The amendment removes the requirement that submissions be submitted on paper by first class mail and allows submission by electronic mail.

211 CMR 90.00. Legal Services Plans.

The amendments remove requirements that filings be made on paper and that company records be kept on microfilm.

211 CMR 110.00. Procedures Concerning Rate Filings and the Conduct of Hearings for Workers’ Compensation Insurance

The amendments remove the requirements for submitting paper copies of filings and allow for electronic submission.

211 CMR 140.00. Procedures Concerning the Merger or Consolidation of Insurance Companies.

The amendments remove requirements for submitting multiple copies of filings on paper or computer discs and allow for electronic submission of such documents.

211 CMR 144.00. Procedures for the Regulatory Review of and Public Hearings on Plans of Reorganization or Conversion pursuant to M.G.L. c. 175, §§ 19F-19W.

The amendments remove requirements for submitting multiple copies of filings on paper or computer discs and allow for electronic submission of such documents.

The proposed changes are available for inspection on the Division’s website at: https://www.mass.gov/lists/division-of-insurance-public-hearings

Persons who wish to attend the public hearing must register to attend by sending an email including their name, telephone number and email address to doidocket.mailbox@mass.gov at least two days before the scheduled hearing date. The registration must refer to Docket No G2025-04 and specify the regulation(s) on which they wish to comment.
An email with instructions for joining the hearing will be sent on the day before the hearing. 

Dated: June 13, 2025 

 Michael T. Caljouw
Commissioner of Insurance

CMR No: 211 CMR 16.00 Petitions for the Adoption of 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.)

  Yes.  This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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 small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

CMR No: 211 CMR 90.00 - Legal Services Plans
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.  

211 CMR 110.00. Procedures Concerning Rate Filings and the Conduct of Hearings for Workers’ Compensation Insurance
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

CMR No: 211 CMR 140.00, Procedures concerning the merger or consolidation of insurance companies
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

211 CMR 144.00, Procedures for the Regulatory Review of and Public Hearings on Plans of Reorganization or Conversion Pursuant to M.G.L. C. 175, §§ 19F Through 19W
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

Insurance, Division of
Proposed Amendments to Division of Insurance Regulations 211 CMR 54.00, 211 CMR 79.00, 211 CMR 91.00, 211 CMR 123.00 and Proposed Rescission of 211 CMR 70.00 and 211 CMR 77.00 Docket No. G2025-02

NOTICE OF HEARING

Pursuant to M.G.L. c. 30A and the authority granted to the Commissioner of Insurance (“Commissioner”) under M.G.L. c. 90, c. 175, c. 175A, c. 176D, and c. 175E, the Commissioner will hold a hearing on August 7, 2025 at 10:00 a.m. to consider proposed amendments to four regulations and the proposed rescission of two regulations, as indicated above. The hearing will be held virtually using TEAMS, a digital meeting program. The purpose of the hearing is to afford persons who wish to comment on these proposed regulatory changes an opportunity to do so.

The proposed regulatory changes are summarized below.  (CMR links to SBIS) 

211 CMR 54.00. Procedures for Surrender and Non-Renewal of Licenses by Insurers Authorized to Write Motor Vehicle Insurance.

Procedures for Surrender and Non-Renewal of Licenses by Insurers Authorized to Write Motor Vehicle Insurance. The proposed amendment deletes requirements for paper filings and allows documents to be submitted electronically.

211 CMR 79.00. Private Passenger Motor Vehicle Insurance Rates.

The proposed amendment deletes requirements for paper filings and allows rate filings to be submitted electronically.

211 CMR 91.00 Motor Vehicle Insurance Rates.

The proposed amendments update references that are no longer accurate, reduce paperwork and allow for electronic filing, service and inspection of rate filings.

211 CMR 123.00. Direct Payment of Motor Vehicle Collision and Comprehensive Coverage Claims and Referral Repair Shop Programs.

The proposed amendments update references that are no longer accurate, reduce paperwork for the regulated industry, motor vehicle insurers, and allow for electronic filings, electronic referral shop lists and electronic direct claim payments by motor vehicle insurers.

211 CMR 70.00 Memorandum of Order Relative to the Establishment of a Statistical Plan.

The regulation was promulgated when the Division fixed and established private passenger motor vehicle insurance rates. That system is no longer used and the regulation is now unnecessary.

211 CMR 77.00 Procedures for the Conduct of Proceedings on Fixed-and-Established Private Passenger Motor Vehicle Insurance Rates.

Since the move to a competitive market in 2008, the Division has not held hearings to fix and establish private passenger motor vehicle insurance rates. The regulation is now unnecessary.

The proposed changes are available for inspection on the Division’s website at: https://www.mass.gov/lists/division-of-insurance-public-hearings

Persons who wish to attend the public hearing must register to attend by sending an email including their name, telephone number and email address to doidocket.mailbox@mass.gov at least two days before the scheduled hearing date. The registration must refer to Docket No G2025-04 and specify the regulation(s) on which they wish to comment.
An email with instructions for joining the hearing will be sent on the day before the hearing. 

Dated: June 13, 2025 

 Michael T. Caljouw
Commissioner of Insurance

CMR No: 211 CMR 54 Procedure for Surrender and Non-Renewal of Licenses by Insurers Authorized to Write Motor Vehicle Insurance
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.  

CMR No: 211 CMR 70 Memorandum of Order Relative to the Establishment of a Statistical Plan (Massachusetts Automobile Statistical Plan)
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 regulation is to be rescinded and will not implicate performance standards.
  

• 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.  

CMR No: 211 CMR 77: Procedures for the Conduct of Proceedings Fixed and Established Private Passenger Motor Vehicle Rates
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. This regulation is being rescinded.
  

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

CMR No: 211 CMR 79, Private Passenger Motor Vehicle Insurance Rates
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

CMR No: 211 CMR 91, Motor Vehicle Insurance Rates
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

CMR No: 211 CMR 123, Direct Payment of Motor Vehicle Collision and Comprehensive Coverage Claims and Referral Repair Shop Programs
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

Insurance, Division of
Proposed Amendments to Division of Insurance Regulation 211 CMR 149.00 and Proposed Rescission of 211 CMR 64.00 and 211 CMR 147.00 Docket No. G2025-03

NOTICE OF HEARING

Pursuant to M.G.L. c. 30A and the authority granted to the Commissioner of Insurance under c. 17C, c. 176O, and c. 288, § 50 of the Acts of 2010, the Commissioner will hold a hearing on August 14, 2025 at 10:00 a.m. to consider proposed amendments to one regulation and the rescission of two regulations, as indicated above. The hearing will be held virtually using TEAMS, a digital meeting program. The purpose of the hearing is to afford persons who wish to comment on these proposed regulatory changes an opportunity to do so.

The proposed regulatory changes are summarized below.  (CMR links to SBIS) 

211 CMR 64.00. Definitions of Medical Insurance for M.G.L. c. 118E.

The regulation was originally promulgated to define, in coordination with MassHealth, terms used in M.G.L. c. 118E, § 9C. Those terms are now defined by statute. MassHealth has confirmed that it is no longer necessary. The regulation no longer serves a purpose and should be rescinded.

211 CMR 147.00. Methodology for Calculating and Reporting Medical Loss Ratios of Health Benefit Plans.

The proposed amendment deletes requirements for paper filings and allows rate filings to be submitted electronically.

211 CMR 149.00 Annual Comprehensive Financial Statements Pursuant to M.G.L. c. 176O, § 21

The amendments are proposed because the underlying statute no longer requires health insurers to file an annual comprehensive financial statement with the Division.

The proposed changes are available for inspection on the Division’s website at: https://www.mass.gov/lists/division-of-insurance-public-hearings.

Persons who wish to attend the public hearing must register to attend by sending an email including their name, telephone number and email address to doidocket.mailbox@mass.gov at least two days before the scheduled hearing date. The registration must refer to Docket No G2025-04 and specify the regulation(s) on which they wish to comment.
An email with instructions for joining the hearing will be sent on the day before the hearing. 

Dated: June 13, 2025

Michael T. Caljouw
Commissioner of Insurance

CMR No: 211 CMR 64, Definitions of Qualified Medical Insurance for M.G.L. c. 118E, § 9C
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.  

CMR No: 211 CMR 147, Methodology for calculating and reporting medical loss ratios (MLRs) of health benefit plans
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 regulation is to be rescinded and will not implicate performance standards.
  

• 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.  

CMR No: 211 CMR 149, Annual comprehensive financial statements pursuant to M.G.L. c. 176O, § 21
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.)

  Yes. This regulation was written in a performance standard manner where appropriate.
  

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

  No.

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

  No.

• 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. Small businesses were identified to be included in the regulated industry. This regulation was written with performance standards in mind when appropriate.

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

  No.  

Massage Therapy, Board of Registration of
269 CMR 2.00, 3.00, 4.00, 5.00 & 6.00

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT

Pursuant to M.G.L. c. 112, §234 and c. 30A, §2, the Board of Registration of Massage Therapy will hold a public hearing relative to proposed promulgation of amendments to the Board's regulations at 269 CMR 2, 3, 4 [new regulation], 5, and 6. The purpose of these amendments is to align Massachusetts with best practices in the regulation of massage therapy, promote ethical practice and consumer protection, fight human trafficking, and clarify existing regulations. A small business impact statement has been filed with the Secretary of the Commonwealth's Office.

The Board will hold this public hearing in person and remotely on: 
 Monday, July 14, 2025, at 10:00 a.m.,
at: Division of Occupational Licensure
One Federal Street, Suite 600 - Room 6021
Boston, Massachusetts 02110-2012

By videoconference at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 221407427 485 3
Passcode: nG3BT3T7
Or call in to: (857) 327-9245
Phone Conference ID: 817 570 630#

Interested Parties will be given an opportunity to present testimony orally or in writing at this hearing.

The Board will also accept written comments regarding the regulations sent via email to Massagetherapy@mass.gov or by mail to this address:

Written comments must be received by the end of business (5:00 P.M.) on Tuesday, July 15, 2025. A copy of the proposed regulations may be obtained at the Board's web site located at: http://www.mass.gov/dpl/boards/mt/ or by contacting the Board office directly at the above address or by phone: (617) 701-8630.

CMR No: 269 CMR 2.00: DEFINITIONS
Small Business Impact Statement

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

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

  Approximately 8,000. As of May 2025, there are currently 7,857 licensed massage therapists and 2,241 licensed massage therapy establishments (which include 1402 solo establishments and 839 multiple therapists establishments).

• 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 board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. Both specific performance standards and design/operational standards are appropriate for establishing licensure and practice standards.
  

• 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. Individuals performing massage services or operating massage establishments are currently subject to inspections and regulatory enforcement activities in order to ensure that the standards of the profession are maintained. They are also required to respond to requests from the Board, make available records requested by the Board, and report to the Board unethical, incompetent or illegal act committed by another licensee. These requirements will continue under the amended regulation.

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

  No,  This amended regulation does not impose educational requirements on licensees. However, as part of this comprehensive regulation review project, the Board has proposed the addition of a new regulation, 269 CMR 4.00, which will impose continuing education as a condition for renewal of massage therapists.

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

  No. This regulation establishes definitions for terms used in Board regulations. It is not anticipated to deter the formation of any businesses.

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

  No.  This regulation establishes definitions for terms used in Board regulations. It is anticipated that by defining the terms mobile massage unit and out-of-office services, this regulation is likely to encourage more massage therapists to form small businesses.

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

  No.  This regulation requires licensees to cooperate with requests by the Board and during inspections and requires licensees to respond to a written communication from the Board or its agents and to make available to the Board any records related to an inquiry or complaint about the licensee's professional conduct. This amendment mirrors the regulations of many other boards of registration or licensure.

• 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.  This regulation requires licensees to cooperate with requests by the Board and during inspections and requires licensees to respond to a written communication from the Board or its agents and to make available to the Board any records related to an inquiry or complaint about the licensee's professional conduct.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. This regulation does not address specific performance standards or design/operational standards.

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

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. There are no alternative regulatory methods available in order to achieve that objective.

CMR No: 269 CMR 3.00: Procedure for Registration
Small Business Impact Statement

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

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

  Approximately 8,000. As of May 2025, there are currently 7,857 licensed massage therapists and 2,241 licensed massage therapy establishments (which include 1402 solo establishments and 839 multiple therapists establishments).

• 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 board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. Both specific performance standards and design/operational standards are appropriate for establishing licensure and practice standards.
  

• 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. Individuals performing massage services or operating massage establishments are currently subject to inspections and regulatory enforcement activities in order to ensure that the standards of the profession are maintained. They are also required to respond to requests from the Board, make available records requested by the Board, and report to the Board unethical, incompetent or illegal act committed by another licensee. These requirements will continue under the amended regulation.

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

  Yes. While the amended regulation does not require small businesses to pay for education of its massage therapists, it will require an individual seeking to become a massage therapist to pass a national licensing examination. In addition, as part of this comprehensive regulation review project, the Board has proposed the addition of a new regulation, which will impose continuing education as a condition for renewal of massage therapists licenses.

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

  Yes. A licensure examination is required by at least 44 states. It is not anticipated that the addition of this requirement will have a strong adverse impact on the formation of massage therapy businesses in Massachusetts. However, this regulation could deter some individuals from entering the massage therapy profession due to the additional cost or burden of a licensure examination.

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

  Yes. This regulation gives the Board flexibility in reviewing reciprocal applications and therefore may encourage massage therapists working in other states to establish massage businesses in Massachusetts. The regulation will also reduce the number of massage licenses issued based on false education credentials and this may result in more opportunity for legitimate massage businesses to operate in Massachusetts.

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

  No.  The regulation continues the requirement that licensees confirm their compliance with board requirements in their renewal application. The amended regulation will require that licensees confirm compliance with new continuing education requirements at renewal.

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

  No.  This regulation requires massage therapy licensees to cooperate with requests by the Board and make available to the Board any requested record. These requirements will continue under the amended regulation.

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

  No.  This regulation requires massage therapy licensees to cooperate with requests by the Board and make available to the Board any requested record. It does not simplify or consolidate any reporting requirements for massage establishments.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. This regulation uses both specific performance standards and design/operational standards to assess candidates for licensure and renewal of massage therapy licenses.

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

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. There are no alternative regulatory methods available in order to achieve that objective.

CMR No: 269 CMR 4.00: Continuing Education
Small Business Impact Statement

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

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

  Approximately 8,000. As of May 2025, there are currently 7,857 licensed massage therapists and 2,241 licensed massage therapy establishments (which include 1402 solo establishments and 839 multiple therapists establishments).

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

  Yes. Individual massage therapists will need to submit documentation of completion of acceptable continuing education when required by the Board. Generally, the documentation is in the form of an attestation to compliance provided at renewal. However, the Board may also choose to audit licensees for specific course completion certificates either randomly or as part of a complaint investigation and licensees will be required to provide documentation in response to these audits.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Massage therapists will need to maintain records of their continuing education activities for the time period set forth in the regulation.

• Will small businesses have to provide additional administrative oversight?

  No. This regulation will be enforced by the Board. It will not require massage businesses to provide additional oversight of continuing education activities.

• 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 board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. Both specific performance standards and design/operational standards are appropriate for establishing licensure and practice standards.
  

• 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. Massage therapists are currently subject to inspections and regulatory enforcement activities in order to ensure that the standards of the profession are maintained. They are also required to respond to requests from the Board, make available records requested by the Board, and report to the Board, unethical, incompetent or illegal acts committed by another licensee. These requirements will continue under the new regulation and may be used by the Board to ensure compliance with the continuing education requirements imposed by this regulation .

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

  No. This new regulation will not require small businesses to provide or pay for continuing education for its employees. However, this new regulation is imposing continuing education as a condition for renewal on individual massage therapists.

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

  Yes. Continuing education is a requirement for massage therapists in 39 other states. It is not anticipated that the addition of these requirements will have a strong adverse impact on the formation of massage therapy businesses in Massachusetts. However, it is possible that some individuals may choose to offer only body work rather than obtain licensure as massage therapist in order to avoid the additional expense and burden of continuing education requirements.

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

  No. This regulation imposes continuing education requirements on massage therapists. It is not anticipated to encourage the formation of massage therapy businesses in Massachusetts.

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

  No.  This regulation requires licensees to cooperate with requests by the Board and during inspections and requires licensees to respond to a written communication from the Board or its agents and to make available to the Board any records related to an inquiry or complaint about the licensee 's professional conduct. This amendment mirrors the regulations of many other boards ofregistration or licensure.

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

  No. This regulation does not include, alter, or amend any schedules or deadlines for compliance or reporting for small businesses.

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

  No. This regulation imposes continuing education requirements as a condition ofrenewal for massage therapists. It does not simplify compliance or reporting requirements for massage businesses.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. This regulation uses both specific performance standards, namely the overall goal of 3 hours of education every year, and design/operational standards, namely the specific requirements for acceptable courses and activities, to implement reasonable continuing education requirements for massage therapists.

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

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. There are no alternative regulatory methods available in order to achieve that objective.

CMR No: 269 CMR 5.00: Code of Professional Ethics and Standards of Professional Practice
Small Business Impact Statement

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

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

  Approximately 8,000. As of May 2025, there are currently 7,857 licensed massage therapists and 2,241 licensed massage therapy establishments (which include 1402 solo establishments and 839 multiple therapists establishments).

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. The amended regulations will require massage therapists to create and retain minimum documentation of all massages except those provided at a sporting or other public event or in a public setting, such as a Chair massage.

• 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. This regulation does not mandate that massage businesses purchase a product or make other capital investments. A massage therapist may choose to purchase record keeping software or other documentation system, but it is not required by the regulation.

• 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 board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. Both specific performance standards and design/operational standards are appropriate for establishing code of ethics and practice standards.
  

• 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. Massage therapists are currently subject to inspections and regulatory enforcement activities in order to ensure that the standards of the profession are maintained. They are also required to respond to requests from the Board, make available records requested by the Board, and report to the Board, unethical, incompetent or illegal acts committed by another licensee. These requirements will continue under the new regulation and may be used by the Board to ensure compliance with the continuing education requirements imposed by this regulation .

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

  Yes. While the amended regulation does not require small businesses to pay for education of its massage therapists, it does require that individual massage therapists continually improve their professional knowledge by complying with the Board's proposed continuing education requirements. The new conti nue education requirements are set forth in proposed amendment 269 CMR 4.00.

• 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 board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. There are no alternative regulatory methods available in order to achieve that objective.

CMR No: 269 CMR 6.00: FACILITY LICENSURE 

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

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

  Approximately 8,000. As of May 2025, there are currently 7,857 licensed massage therapists and 2,241 licensed massage therapy establishments (which include 1402 solo establishments and 839 multiple therapists establishments).

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. This regulation requires massage businesses to maintain a list of past and current employees and a log of complaints, and implement record retention requirement for client treatment records.

• Will small businesses have to provide additional administrative oversight?

  No.  This regulation is not being amended to create add itional administrative oversight. Massage therapy establishments will continue to be required to designate a licensed massage therapist to serve as the establishment's compliance officer. 

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

  No. This regulation does not create regulatory burdens requiring the hiring of additional employees. Massage therapy establishments will continue to be required to designate a licensed massage therapist to serve as the establishment's compliance officer. Massage therapists who operate as a solo massage therapist establishment will continue to be recognized as the compliance officer of their solo establishment.

• 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 board is tasked with imposing licensure and practice req uirements upon licensees based upon the standards of the massage profession. Both specific performance standards and design/operational standards are appropriate for establishing licensure and practice standards.
  

• 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. Individuals performing massage services or operating massage establishments are currently subject to inspections and regulatory enforcement activities in order to ensure that the standards of the profession are maintained. They are also required to respond to requests from the Board, make available records requested by the Board, and report to the Board unethical, incompetent or illegal act committed by another licensee. This regulation clarifies that the Board has authority to inspect the location of record for establishments providing only out-of-office services and the timeframe for an establishment to provide records when requested by the Board.

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

  No. This amended regulation does not impose educational requirements on licensees. However, as part of this comprehensive regulation rev iew project, the Board has proposed the addition of a new regu lation, 269 CMR 4.00, which will impose cont inuing education as a condition for renewal of massage therapists.

• 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. This regulation requires massage therapy establishments to cooperate with requests by the Board and during inspections, including inspections of the location of record for establishments offering only outof- office services. The regulation also requires compliance officers and operators of the establishment to make available to the Board any requested record. This amendment mirrors the regulations of many other boards of registration or licensure.

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

  No. This regulation clarifies timeframes for massage establ ishments to report any change in ownership, location, or compliance officer. The regulation does not establish less stringent schedules for compliance or reporting for massage businesses.

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

  No. This regulation requires licensees to cooperate with requests by the Board and during inspections and requires licensees to respond to a written communication from the Board or its agents and to make available to the Board any records related to an inquiry or complaint about the licensee's professional conduct. It does not simplify or consolidate any reporting requirements for massage establishments.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. This regulation does not address specific performance standards or design/operational standards.

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

  No. The board is tasked with imposing licensure and practice requirements upon licensees based upon the standards of the massage profession. There are no alternative regulatory methods available in order to achieve that objective.

Recreational Tramway Board
526 CMR 10.00

NOTICE OF HEARING

Pursuant to M.G.L. c. 143, §71H and c. 30A, §2, the Recreational Tramway Board will hold a virtual public hearing relative to its regulations (526 CMR 10.00). Specifically, the proposed changes remove outdated references in these regulations as well as make changes designed to remove unnecessary requirements and assist in business operations. This includes clarifying definitions, updating signage requirements, and tailoring tramway testing requirements to the specific type of tramway. A small business impact statement has been filed with the Secretary of State’s Office. The Board will hold the public hearing as follows (pre-registration is not required):

Thursday, July 17, 2025 at 9:30 a.m.:
By videoconference
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 295 757 960 237 0
Passcode: R4jo7Lw9
Or call in to: (857) 327-9245,
Phone Conference ID: 838 392 19#

Interested Parties will be given an opportunity to present testimony orally at this hearing. The Board will also accept written comments regarding the regulations received prior to the hearing via email at OPSI-info@mass.gov or by mail at this address:

Recreational Tramway Board
Division of Occupational Licensure - Office of Public Safety and Inspections
One Federal Street, Suite 600
Boston, MA 02110 

Written comments must be received by 4:00 p.m. on Tuesday, July 15, 2025.
A copy of the proposed regulations may be obtained at the Board’s web site located at: https://www.mass.gov/orgs/office-of-public-safety-and-inspections or by contacting the Board office directly at the above address or by phone: (617) 727-3200.
Once all testimony is received, the Board intends to conclude the hearing and immediately convene a regular board meeting to finalize the regulations, and the public is welcome to attend that regular board meeting. 

CMR No.: 526 CMR 10.00: RECREATIONAL TRAMWAYS
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:

  Fewer than 30

• 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 board is tasked with imposing licensure requirements for recreational tramways; design standards are more appropriate than performance standards in this safety context.
  

• 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. Licensees of the Recreational Tramway Board are currently subject to inspections and regulatory enforcement activities in order to ensure that safety standards are maintained.

• 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. This regulation adopts requirements necessary for the licensure of tramways and is not anticipated to deter the formation of any businesses, as such businesses would want to operate safely.

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

  No. This regulation adopts requirements necessary for the licensure of recreational tramways, and is not anticipated to encourage the formation of any businesses.

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

  No. Licensees of the Recreational Tramway Board are subject to inspections and regulatory enforcement activities in order to ensure that safety standards are maintained; lesser safety standards for small businesses would not be appropriate in this context.

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

  No. This regulation does not include, alter, or amend any schedules or deadlines for compliance or reporting for small businesses.

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

  No. Licensees of the Recreational Tramway Board are subject to inspections and regulatory enforcement activities in order to ensure that safety standards are maintained; reduced safety standards for small businesses would not be appropriate in this context.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The board is tasked with imposing licensure requirements for recreational tramways; design standards are more appropriate than performance standards in this safety context.

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

  No. The board is tasked with imposing licensure requirements for recreational tramways; there are no alternative regulatory methods available in order to achieve that objective.

Standards, Division of
202 CMR 5.00

NOTICE OF PUBLIC HEARING

Pursuant to the authority granted by M.G.L. c. 6, Section 115A, the Division of Standards (the Division) will hold a public hearing on Wednesday, July 23, 2025, at 11:00 A.M. at the Division of Standards, One Federal Street, 6th Floor, Gold Hearing Room, Boston, MA 02110 on the adoption of amendments to the following regulation.

202 CMR 5.00: UNIT PRICING AND AUTOMATED RETAIL CHECKOUT SYSTEMS 

The proposed regulation makes changes to the unit pricing requirements for the sale at retail of packaged commodities necessary for personal, family, or household use. There is no fiscal impact on cities and towns. There is no estimated aggregate annual fiscal impact of the proposed amendments. The proposed amendments are not anticipated to impose new costs on small businesses, and any impact on small businesses will vary based on the volume of the covered products they sell at retail. 

Any person wishing to submit verbal comments during the public hearing is asked to submit such request prior to the hearing to Andrea Nixon at Andrea.E.Nixon@mass.gov or (617) 727- 3480. To join the hearing remotely, please use the following link:

 https://zoom.us/j/99663160534?pwd=GBwAXur1eNYcfwSar3z2tqphan9Kt0.1
Meeting ID: 996 6316 0534
Passcode: 066472

The Division will also accept written public comments until July 30, 2025 by 5:00 P.M. Written comments should be directed to Andrea Nixon at the above email address.
Special accommodation requests may be directed to Andrea Nixon at the above email address or phone number. Please allow two weeks to schedule sign language interpreters. 

To review the current draft of the regulation, go to www.mass.gov/orgs/division-of-standards or request a copy in writing from the Division. The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention. 

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the Division’s website at www.mass.gov/orgs/division-of-standards. 

June 11, 2025  

CMR No.: 202 CMR 5.00
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:

  1,000

• 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 Division believes that unit pricing signage is the best way to provide consumers with the information they can use to compare the price of comparable products offered in different packaging.
  

• 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 requires those small businesses that wish to be exempt from the regulations based on annual gross sales, as detailed in Ch. 6, Section 115A, to submit proof of sales to the Division. This requirement will not change from what the Division currently requires, however.

• 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.This regulation amends existing regulations to provide more flexibility to retailers.

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

  No. This regulation implements more flexible requirements governing unit pricing for grocery related products. This greater flexibility may encourage the creation of new retail locations selling these products.

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

  No. Licensees of the Recreational Tramway Board are subject to inspections and regulatory enforcement activities in order to ensure that safety standards are maintained; lesser safety standards for small businesses would not be appropriate in this context.

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

  No. This regulation does not include, alter, or amend any schedules or deadlines for compliance or reporting for small businesses.

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

  No. Licensees of the Recreational Tramway Board are subject to inspections and regulatory enforcement activities in order to ensure that safety standards are maintained; reduced safety standards for small businesses would not be appropriate in this context.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The Division believes that unit pricing signage is the best way to provide consumers with the information they can use to compare the price of comparable products offered in different packaging.

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

  No. The Division believes that unit pricing signage is the best way to provide consumers with the information they can use to compare the price of comparable products offered in different packaging.