Notices of Public Hearing (Published 7/18/2025)

Administration and Finance, Executive Office for
801 CMR 4.00 (4.02 (775))

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Executive Office for Administration and Finance, together with the Drug Control Program within the Department of Public Health (Department), will hold a public hearing on amendments to the following regulation:

801 CMR 4.02 (775): Fees for Licenses, Permits, and Services to be Charged by State Agencies.

The proposed amendments implement the fee requirements for the new role of certified medication aide, as set out in M.G.L. c. 111, § 72W½, as inserted by section 16 of Chapter 197 of the Acts of 2024: An Act to Improve Quality and Oversight of Long-Term Care. The hearing will be concurrent with the Drug Control Program’s public hearing on the new regulation establishing the profession of certified medication aides, 105 CMR 775: Certified Medication Aides in Long-Term Care Facilities.

The public hearing will be held at 10:00 am on Monday, August 11, 2025.
The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:
Dial-in Telephone Number: 800-857-4849
Participant Passcode: 7189063

A copy of the proposed regulation 801 CMR 4.02: Fees for Licenses, Permits, and Services to Be Charged by State Agencies may be viewed on the Department’s website at www.mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220.

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “DCP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender’s full name and address.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Monday, August 11, 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 Alex Gomez at least 5 days before the hearing at
Tel # 617-624-5928,
Fax # 617-624-5075,
email Alex.Gomez@mass.gov, or TTY # 617-624-6001.

CMR No.: 801 CMR 4.02: Rates (Certified Medication Aides)
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 currently 58 rest homes and 350 nursing homes in Massachusetts.

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement a statutory mandate under M.G.L. c. 111, § 72W½(d)(iii) to assign fees to the certification and renewal processes for medication aides in long-t-erm care facilities.
  

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

  No. 

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

  No.

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

  No.

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

  No.

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

  The amended regulation is not likely to encourage the formation of small businesses in Massachusetts. However, certified medication aides in long-term care facilities will be viewed as allowing for a more efficient use of licensed nursing staff, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments, and other necessary skilled nursing services.  

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

  No.

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

  No.

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

  No.

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

  No.

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

  No.

Attorney General, Office of the
940 CMR 39.00

Notice of Public Hearing and Comment Period

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Office of the Attorney General will hold a hybrid public hearing on Thursday, August 7th, at 10:00 a.m. and accept public comment through Thursday, August 7th at 5:00p.m. concerning the following regulatory action:

940 C.M.R. 39.00 (Promulgated Pursuant to St. 2024, c. 238, § 269) 

This regulation seeks to establish reporting requirements for shared appreciation mortgage entities, articulate disclosure requirements to protect borrowers relative to shared appreciation mortgage agreements, and outline prohibited acts and practices.

The in-person hearing will be held on the date and time specified above in Conference Room 3 on the 21st Floor of One Ashburton Place, Boston, MA 02108. To attend the hearing virtually, please visit: https://shorturl.at/29j7w. 

Individuals who provide notice of their intent to testify will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to provide notice of their intent to testify by emailing the address below with the subject line: "Regulation Hearing Comment - 940 CMR 39.00." Written comments will be accepted starting July 11th until 5 :00 p.m. on August 7th . 

Email: SAMRegulations@Mass.gov
Postal Mail: Massachusetts Office of the Attorney General Attn:
Policy & Government Affairs Division
One Ashburton Place, 20th Floor
Boston, MA 02108 

A copy of the above-listed regulations may be obtained by contacting the above address or email address or by visiting (under Consumer Protection): https://www.mass.gov/info-details/attorneygenerals- policy-govemment-affairs-division. 

To request interpretive services, please submit your request at least five business days prior to the public hearing. 

CMR No: 940 CMR 39.00 
Small Business Impact Statement

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

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

  0

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

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

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

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.
  

• 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.  

Medical Examiner, Office of the Chief
505 CMR 4.03

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT

Pursuant to the provisions ofM.G.L. c. 30A §2, and acting under statutory authority of Chapter 38 of the General Laws, there will be a public hearing regarding the proposed amendment to 505 CMR 4.03, Fee Assessed for Cremation or Burial at Sea Views. 505 CMR 4.03 was promulgated pursuant to M.G.L. c. 38, §14 and the amended regulation will reflect changes to the fee assessed for viewing decedents intended for cremation or burial at sea.
The public hearing will be held on August 5, 2025, from 10 am to 1 pm at:
720 Albany Street, Boston, MA 02118.

Verbal and written testimony may be presented at the public hearing; however, parties are requested to provide written copies of their oral testimony.
Written comments may be submitted to:
Eric B. Hogberg, Esq.
720 Albany Street, Boston, MA 02118 or to eric.hogberg@mass.gov. 

Such comments should be sent by August 5, 2025 by 5pm.
A copy of the proposed CMR can be found at https://www.mass.gov/orgs/office-of-the-chief-medicalexaminer. Any member of the public wishing to attend this hearing must present valid photo identification prior to entering the Office of the Chief Medical Examiner.

If any member of the public wishing to attend this hearing seeks special accommodations in accordance with the Americans with Disabilities Act, please contact Eric B. Hogberg at 617-267-6767 or at eric.hogberg@mass.gov.

CMR No: 505 CMR 4.03
Small Business Impact Statement

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

 In order to accurately predict the impact the adoption, amendment, or repeal of a regulation will have on small businesses, the promulgating authority must conduct a thorough analysis that not only considers the potential effects of the action but also quantifies the costs, if any, associated with each. The questions below are designed to aid promulgating authorities in conducting their analysis.

Agency Submitting Regulation: Office of the Chief Medical Examiner (OCME) 

Subject Matter of Regulation: Fee Assessed for Cremation or Burial at Sea Views 

Regulation No: 505 CMR 4.03 Statutory Authority: M.G.L. Chapter 38, §14 

Other Agencies Affected: Executive Office of Public Safety and Security (EOPSS) 

Other Regulations That May Duplicate or Conflict with the Regulation: None 

Describe the Scope and Objectives of the Regulation: To establish the process and fee schedule for the viewing ofany decedent whose body is intended for cremation or burial at sea. Specifically, the amendment to the current regulation seeks to increase the current fee to reflect increased operational costs in order to adequately support the agency's mission of providing comprehensive medicolegal investigative services.

 Business lndustry(ies) Affected by the Regulation: Funeral Directors, Funeral Homes and Crematories throughout the Commonwealth. Although the Funeral Homes and Crematories are the entities that charge the fees in accordance with M.G.L. c. 38, § 14, which are then paid to the OCME, the customers are the individuals and families that choose cremation or burial at sea as opposed to other funerary options. 

Types of Businesses Included in the lndustry(ies): Bus inesses that coordinate and perform cremation services for the citizens of the Commonwealth. 

Total Number of Small Businesses Included in the Regulated lndustry(ies): There are over 500 Funeral Homes and Crematories throughout the Commonwealth. 

Number of Small Businesses Potentially Subject to the Proposed Regulation: See above. 

*Note: For each question, please answer "yes" or "no" and offer a brief explanation. Please describe any facts, data, views, arguments, or other input from small businesses, organizations or any other sources that were used to quantify the impacts outlined below. 

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

  500. There are over 500 Funeral Homes and Crematories throughout the Commonwealth.

• 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.  

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

  No.  

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

  No.  

• Can compliance or reporting requirements be consolidated or simplified  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, 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.

• Were any small business organizations contacted during preparaton of this document? If so, please describe. 

  Yes. The Massachusetts -Funeral Directors Association (MFDA) was informed of the proposed fee increase. Additionally, the fee increase was discussed at the May 21, 2025 open meeting of the Commission on Medicolegal Investigations. 

Energy Resources, Department of
225 CMR 20.00 & 28.00

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under St. 2016, c. 75, § 11 and M.G.L. c. 25A, § 6, is holding a public hearing on two emergency regulations 225 CMR 20.00: Solar Massachusetts Renewable Target (SMART) Program and 225 CMR 28.00: Solar Massachusetts Renewable Target (SMART) Program 3.0. The Solar Massachusetts Renewable Target (SMART) program is the Commonwealth's primary solar incentive program and currently exists under 225 CMR 20.00. DOER is proposing a successor solar incentive program under 225 CMR 28.00: Solar Massachusetts Renewable Target (SMART) 3.0 that would update the program to reflect current market conditions and exist independently of 225 CMR 20.00. The proposed changes to 225 CMR 20.00 create an end date for eligibility under 225 CMR 20.00 and make a minor change to provide flexibility to existing community shared solar projects that enroll low-income customers. The proposed 225 CMR 28.00 covers the structure and requirements of the successor program.
A public hearing will be conducted to receive verbal and written comments on both regulations.

Location: Stinchfield Lecture Hall at Greenfield Community College One College Drive, Greenfield, MA 01301
Date: July 25, 2025, beginning at 1:00 PM

Verbal testimony will be accepted at the hearing; however, parties may also provide written copies of their testimony.
Written comments will be accepted beginning June 20, 2025 and ending at 5 pm on July 25th, 2025. DOER requests that written comments be submitted as attached pdf files to DOER.SMART@mass.gov, with the words "SMART 3.0 Public Comment" in the subject line. Alternatively, comments can be submitted via mail to Grace Fletcher at the Department of Energy Resources, 100 Cambridge Street, 9th Floor, Boston, MA 02114. Copies of the proposed regulations may be obtained from the DOER website at https ://www .mass.gov/info-details/smart-programmatic-review or by emailing DOER.SMART@mass.gov.

A summary of the regulations is available in multiple languages on the DOER website at https://www.mass.gov/info-details/smart-programmatic-review.

CMR No: 225 CMR 20.00
Small Business Impact Statement

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

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

  None Participation in 225 CMR 20.00 by any small business is voluntary.

• 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. No, regulated entities must comply via well established criteria. The proposed regulatory changes have no impact on this compliance process.
  

• 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?

  Yes. The regulation is likely to encourage the formation of small business involved in the solar market.  

• 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. Program eligibility and low income customer definition are defined in regulation and may only be changed through a formal rulemaking

CMR No: 225 CMR 28.00
Small Business Impact Statement

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

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

  None Participation in 225 CMR 20.00 by any small business is voluntary.

• 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. No, regulated entities must comply via well established criteria. The proposed regulatory changes have no impact on this compliance process.
  

• 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?

  Yes. The regulation is likely to encourage the formation of small business involved in the solar market.  

• 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.  

Housing and Livable Communities, Executive Office of
760 CMR 69.00

PUBLIC NOTICE

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 25, 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-regulations-current-regulations-and-proposed-amendments .

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:

  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

• 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. There are no reporting or compliance requirements directly for small business as this program regulates municipal actions.

• 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.

Medical Assistance, Division of
130 CMR 501.000, 502.000, 503.000 & 505.000

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

Under the authority of M.G.L. c. 118E, ss. 7 and 12 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) proposes to amend the following regulations.

• 130 CMR 501.000: Health Care Reform: MassHealth: General Policies
• 130 CMR 502.000: Health Care Reform: MassHealth: Eligibility Process
• 130 CMR 503.000: Health Care Reform: MassHealth: Universal Eligibility Requirements
• 130 CMR 505.000: Health Care Reform: MassHealth: Coverage Types

It is anticipated that these amendments will not go into effect before October 2025. There is no fiscal impact on cities and towns.

 MassHealth proposes the following amendments.

130 CMR 501

• Case File – Definitions:
  Remove language indicating that member account documentation is "permanent" to account for federal rules on case file retention. 
• Continuous Eligibility – Definitions:
  Conform with changes proposed to 130 CMR 505 to reflect new continuous eligibility benefits for certain populations. 
•  Disabled – Definitions:
  To reflect current practice, amend the definition of "disabled" to align with the federal definition in Title XVI of the Social Security Act. 
•  FPL – Definitions:
  MassHealth implements annual federal poverty level increases on March 1 each year to align with updates published in the Federal Register. 
•  EAEDC:
  MassHealth will provide all EAEDC referred eligible members with MassHealth Standard (the richest MassHealth benefit).
• Recoupment of Overpayments:
  Remove language reserving the right to recoup overpayment for medical services. This aligns with recent CMS guidance and does not preclude MassHealth from recovering within the limits set by federal law.

130 CMR 502

• Retroactive eligibility/Start dates:
  Starting July 2025, all members will receive retroactive coverage up to the first day of the third month before the month of application if (i) covered medical services were received during such period, and (ii) the applicant would have been eligible at the time services were provided (currently only available to certain groups). Otherwise, the coverage start date will default to the first day of the month of application.
• Family Assistance and Premium Assistance:
  Remove obsolete language, as Family Assistance is no longer the only benefit that can potentially receive Premium Assistance. 
• Hospital Presumptive Eligibility Update:
  Add CommonHealth to the coverage types available during a Hospital Presumptive Eligibility period. 
• Ex Parte Renewals:
  Perform annual autorenewals at the individual member level instead of by household. 
• Utilization of potential other benefits:
  Eliminate the requirement that individuals apply for other cash benefits for which they may be entitled as a condition of Medicaid eligibility (e.g., Social Security, retirement benefits, etc.).

130 CMR 503

• Utilization of potential other benefits:
  Eliminate the requirement that individuals apply for other cash benefits for which they may be entitled as a condition of Medicaid eligibility (e.g., Social Security, retirement benefits, etc.).

130 CMR 505

• Continuous Eligibility:
  Provide (i) 12-months continuous coverage regardless of change in circumstances for children younger than 19 and individuals released from a correctional institution; and (ii) 24-months continuous coverage regardless of change in circumstances for all homeless individuals.
• TMA Start Date:
  Members eligible for 12 months transitional medical assistance (TMA) must begin their 12-month TMA period the month after a state (i) determines that an individual has experienced a TMA-qualifying event; and (ii) has provided the individual with advance notice. Under current practice, we begin the TMA period when the TMA qualifying event occurred.
• EAEDC:
  Provide all EAEDC referred eligible members with MassHealth Standard (the richest MassHealth benefit).
• CommonHealth:
  CommonHealth members younger than 65 are no longer required to work or meet a one-time deductible.

In addition, all five amended regulations include the following changes.

• Add a severability clause to align with other MassHealth regulations.
• Update chapter titles to distinguish between modified adjusted gross income (MAGI) and non-MAGI methodologies.
• Broaden the regulatory authority citation to M.G.L. c. 118E instead of citing specific sections within c. 118E to ensure that relevant sections not currently cited, such as Sec. 9 (Eligibility), are included.

To submit data, views, or arguments concerning these proposed amendments, please email them to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit comments by email should mail comments to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Comments will be accepted through 5:00 p.m. on Friday, July 25, 2025. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

All persons desiring to review the current draft of the proposed regulation may go to www.mass.gov/info-details/masshealth-public-notices or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

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. 

July 3, 2025 

CMR No: 130 CMR 501.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 502.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 503.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 505.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

Medical Assistance, Division of
130 CMR 506.000

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, July 25, 2025, at 1 p.m. relative to the adoption of amendments to the following regulation.

 130 CMR 506.000: MassHealth: Financial Requirements

The proposed regulation is planned to go into effect no sooner than October 2025. There is no fiscal impact on cities and towns. MassHealth is proposing the following amendments to 130 CMR 506.

• Premium Assistance Reimbursement: Stop adjusting Premium Assistance reimbursements.
• State Intercept: Stop using state intercept to recoup unpaid premiums.
• Premium Billing: Eliminate the lock-out period for former members with an unpaid premium balance. MassHealth will also remove premium billing tables and required member contribution tables from the regulations and publish online annually, based on changes to the Federal Poverty Level increases.
• Premium Billing Hardship: Eliminate the provision found at 130 CMR 506.011 (G)(1)(e) related to CommonHealth members.
• CMSP Premiums: Eliminate premiums for the Children’s Medical Security Plan (CMSP) under 300% FPL, in alignment with the FY25 Budget. 
• CommonHealth: CommonHealth members younger than 65 are no longer required to work or meet a one-time deductible. 
• Severability: To align with other MassHealth regulations (rate regulations under 101 CMR), we are adding a severability clause to the end of the regulation. 

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/masshealth-public-hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. Written testimony will be accepted through 5:00 p.m. on July 25, 2025. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ masshealth-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention. 

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/info-details/masshealthpublic- hearings. 

July 3, 2025 

CMR No: 130 CMR 506.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

Medical Assistance, Division of
130 CMR 515.000, 516.000, 517.000, 519.000 & 522.000

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

Under the authority of M.G.L. c. 118E, ss. 7 and 12 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) proposes to amend the following regulations.

• 130 CMR 515.000: MassHealth: General Policies
• 130 CMR 516.000: MassHealth: The Eligibility Process
• 130 CMR 517.000: MassHealth: Universal Eligibility Requirements
• 130 CMR 519.000: MassHealth: Coverage Types
•  130 CMR 522.000: MassHealth: Other Division Programs

It is anticipated that these amendments will not go into effect before October 2025. There is no fiscal impact on cities and towns.

 MassHealth proposes the following amendments.

130 CMR 515

• Trusts:
  Implement state legislation that requires MassHealth to consider transfers into valid pooled trust and special need trust accounts made before and after the permanently and totally disabled individual turns 65 to be permissible, effective December 2024. 
• Case File – Definitions:
  Remove language indicating that member account documentation is "permanent" to account for federal rules on case file retention.
•  Disabled – Definitions:
  To reflect current practice, amend the definition of "disabled" to align with the federal definition in Title XVI of the Social Security Act.
•  FPL – Definitions:
  MassHealth implements annual federal poverty level increases on March 1 each year to align with updates published in the Federal Register. 
• Recoupment of Overpayments:
  Remove language reserving the right to recoup overpayment for medical services. This aligns with recent CMS guidance and does not preclude MassHealth from recovering within the limits set by federal law.

130 CMR 516

• Coverage Start Dates:
  Amend start date provisions to conform to proposed changes to 130 CMR 519, fixing a circular cross-reference between 130 CMR 516 and 130 CMR 519.
• Ex Parte Renewals:
  Perform annual autorenewals at the individual member level instead of by household.

130 CMR 517

• Utilization of potential other benefits:
  Eliminate the requirement that individuals apply for other cash benefits for which they may be entitled as a condition of Medicaid eligibility (e.g., Social Security, retirement benefits, etc.).

130 CMR 519

• Medicare Savings Program (MSP) Asset Limit:
  Amend to reflect the fact that the asset test for MSP benefits was eliminated effective March 1, 2024.
• Emergency Aid to the Elderly, Disabled and Children (EAEDC):
  Provide all EAEDC referred eligible members with MassHealth Standard (the richest MassHealth benefit).
• CommonHealth:
  Specify revised requirements applicable only to CommonHealth members over the age of 65 and move the existing applicable definition of “disabled” into this chapter.
• Coverage Start Dates:
  Amend start date provisions to conform to proposed changes to 130 CMR 516, fixing circular cross-reference between 130 CMR 516 and 130 CMR 519.
• Moving Forward Plan:
  Update the name of the Home- and Community-Based Services Waiver from "Money Follows the Person" to "Moving Forward Plan."

130 CMR 522

• CMSP Copays:
  Eliminate copays and certain premiums for the Children’s Medical Security Plan (CMSP. Corresponding amendments have been made to 130 CMR 506 regarding premiums.
• Massachusetts Insurance Connection (MIC) Program:
  Permit members who become eligible for a comprehensive MassHealth coverage type to remain enrolled in MIC. (The program was previously closed to new applicants. It currently has approximately 75 people enrolled.)
• Refugee Resettlement Program:
  Amend to reflect that the refugee medical assistance period was extended from 8 to 12 months by the federal Office of Refugee Resettlement in 2022.

In addition, all five amended regulations include the following changes.

• Add a severability clause to align with other MassHealth regulations.
• Update chapter titles to distinguish between modified adjusted gross income (MAGI) and non-MAGI methodologies.
• Broaden the regulatory authority citation to M.G.L. c. 118E instead of citing specific sections within c. 118E to ensure that relevant sections not currently cited, such as Sec. 9 (Eligibility), are included.

To submit data, views, or arguments concerning these proposed amendments, please email them to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit comments by email should mail comments to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Comments will be accepted through 5:00 p.m. on Friday, July 25, 2025. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

All persons desiring to review the current draft of the proposed regulation may go to www.mass.gov/info-details/masshealth-public-notices or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

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. 

July 3, 2025 

CMR No: 130 CMR 515
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 516.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 517.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 519.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

CMR No: 130 CMR 522.000
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. Not applicable

• Will small businesses have to implement additional recordkeeping procedures?

  No. Not applicable

• Will small businesses have to provide additional administrative oversight?

  No. Not applicable

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

  No. Not applicable

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Not applicable

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Not applicable

• 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. Not applicable
  

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

  No. Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  Not applicable

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

  No. Not applicable

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

  No.  Not applicable

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

  No.  Not applicable

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

  No. Not applicable

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

  No. Not applicable

Public Health, Department of
105 CMR 775.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Drug Control Program within the Department of Public Health will hold a public hearing regarding a new regulation: 105 CMR 775.000: Certified Medication Aides In Long Term Care Facilities.

The proposed regulation implements the requirements stated in M.G.L. c. 111, § 72W½, as inserted by section 16 of Chapter 197 of the Acts of 2024: An Act to Improve Quality and Oversight of Long-Term Care, creating a new certified medication aide role to be deployed by long-term care facilities in Massachusetts. The hearing will be concurrent with the public hearing by the Executive Office for Administration and Finance, together with the Drug Control Program, regarding the fees associated with the new profession of certified medication aide, 801 CMR 4.02 (775): Fees for Licenses, Permits, and Services to be Charged by State Agencies.

The public hearing will be held at 10:00 am on Monday, August 11, 2025.
The hearing will be conducted on a moderated conference call. The information for the moderated conference call is: 
Dial-in Telephone Number: 800-857-4849
Participant Passcode: 7189063

A copy of the proposed regulation 105 CMR 775.000: Certified Medication Aides In Long Term Care Facilities may be viewed on the Department’s website at www.mass.gov/dph/proposed-regulations or requested from the Office of the General Counsel by calling 617-624-5220. 

Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “DCP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender’s full name and address. 

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Monday, August 11, 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 Alex Gomez at least 5 days before the hearing at Tel # 617-624-5928, Fax # 617- 624-5075, email Alex.Gomez@mass.gov, or TTY # 617-624-6001. 

105 CMR 775.000: Certified medication aides in long-term care facilities
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 currently 58 rest homes and 350 nursing homes in Massachusetts.

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

  No. This regulation does not require small businesses to create, file, or issue additional reports.
  The provisions within this regulation are not expected to impact small businesses. Deployment of the role will allow for a more efficient use of licensed nursing staff in long-term care facilities, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services.
  (TO NOTE: Provisions for facility requirements associated with certified medication aides are contained in 105 CMR 150.00 and 105 CMR 153.00. This will include targeted reporting requirements associated with the deployment of certified medication aides).

• Will small businesses have to implement additional recordkeeping procedures?

  No. This regulation does not require small businesses to create, file, or issue additional reports. The provisions within this regulation are not expected to impact small businesses. Deployment of the role will allow for a more efficient use of licensed nursing staff in long-term care facilities, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services. (TO NOTE: Provisions for facility requirements associated with certified medication aides are contained in 105 CMR 150.00 and 105 CMR 153.00. This will include targeted reporting requirements associated with the deployment of certified medication aides).

• Will small businesses have to provide additional administrative oversight?

  No. This regulation does not require small businesses to create, file, or issue additional reports. The provisions within this regulation are not expected to impact small businesses. Deployment of the role will allow for a more efficient use of licensed nursing staff in long-term care facilities, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services. (TO NOTE: Provisions for facility requirements associated with certified medication aides are contained in 105 CMR 150.00 and 105 CMR 153.00. This will include targeted reporting requirements associated with the deployment of certified medication aides).

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

  No. This regulation will not require small businesses to hire additional employees.
  Deployment of the role will allow for a more efficient use of licensed nursing staff in long-term care facilities, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The proposed changes must be made through regulation to implement a statutory mandate imposed by M.G.L. c. 111, § 72W½, as inserted by chapter 197 of the acts of 2024: an Act to improve quality and oversight of long-term care.. M.G.L. c. 111, § 72W½ requires the Department to promulgate regulations providing for a certified medication aide role in long-term care facilities.
  

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

  No. There are no other regulations that duplicate or conflict with this proposed regulation. Complementary changes will however also be made to regulations governing long-term care facility requirements to ensure appropriate supervision, record keeping and reporting is maintained by facilities. Provisions for facility requirements associated with certified medication aides are contained in 105 CMR 150.00 and 105 CMR 153.00.

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

  No. The regulation does not require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities.

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

  No. The regulation does not require small businesses to provide educational services to keep up to date with regulatory requirements.

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

  No. The regulation is not likely to deter the formation of small businesses. The proposed regulation implements a statutory mandate and is not expected to deter the formation of small businesses. Certified medication aides in long-term care facilities will allow for a more efficient use of licensed nursing staff, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services.

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

  The regulation is not likely to encourage the formation of small businesses in Massachusetts.
  Certified medication aides in long-term care facilities will be viewed as allowing for a more efficient use of licensed nursing staff, with an ultimate outcome of improving the overall quality and safety of resident care, as well as significantly increasing staff satisfaction. Certified medication aides will also allow nurses to spend more time on resident clinical assessments, treatments and other necessary skilled nursing services.
  All New England states except for Massachusetts are using specially trained medication technicians in long-term care. This legislation could help address the growing workforce crisis impacting long-term care providers. The successful use of medication aides has been implemented in at least 35 other states.

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

  No. The proposed regulation implements a statutory mandate that is favorable for the sector.

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

  No.  The proposed regulation implements a statutory mandate that is favorable for the sector.

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

  No.  The proposed regulation implements a statutory mandate that is favorable for the sector.

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

  No. The proposed changes must be made through regulation to implement statutory requirements for the establishment and oversight of this new role.

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

  No. The proposed regulation implements a statutory mandate that is favorable for the sector.