Notices of Public Hearing (Published 8/15/2025)

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 Executive Office for Administration and Finance, along with the Board of Registration in Allied Mental Health (“AMH Board”) within the Department of Public Health, will hold a public hearing on amendments to the following regulation: 801 CMR 4.00: Rates, to establish fees for Licensed Supervised Mental Health Counselors (LSMHC). This regulation sets forth licensure fee rates for original applications and renewals for each of the current license types.

This proposed amendment establishes a fee rate for the new license category of Licensed Supervised Mental Health Counselors (LSMHCs)

The public hearing will be held at 10:00 a.m. on Friday, September 19, 2025.

The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:Dial-in Telephone Number: 1-888-469-3045
Participant Code: 9412521

 This hearing will be held jointly with the AMH Board public hearing on amendments to 262 CMR 2.00, 262 CMR 3.00, and 262 CMR 8.00.

A copy of the proposed amendment to 801 CMR 4.00 may be viewed on the Department’s website at https://www.mass.gov/service-details/proposed-regulations-and-amendments-department-of-public-health 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 “AMH Board 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 Friday, September 19, 2025.
All comments received by the Department may be released in response to a request for public records. 

CMR No.: 801 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:

  10,279 Licensed Mental Health Counselors

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

  No, the regulation imposes no requirement that Licensed Supervised Mental Health Counselors create, file, or issue additional reports.

• Will small businesses have to implement additional recordkeeping procedures?

  No, the regulation imposes no requirement that Licensed Supervised Mental Health Counselors implement additional recordkeeping procedures.

• Will small businesses have to provide additional administrative oversight?

  No, the amended regulation does not require small businesses to provide additional administrative oversight.

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

  No, the amended regulation does not require small businesses to hire additional employees.

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

  No, the amended regulation does not require small businesses to hire other professionals.

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

  No, the amended regulation does not require small businesses to purchase a product or make any other capital investments in order to comply with 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.
  

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

  No, the Board has exclusive authority over the licensing and regulation of Licensed Supervised Mental Health Counselors.

• 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 any regulatory enforcement activities.

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

  No, the rate regulation does not require small businesses to provide educational services to licensees.

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

  No, the amended regulation is not likely to deter the formation of small business in the Commonwealth.

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

  Yes, licensure may encourage the formation of small business by codifying an additional license type.

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

  No, this regulation does not establish compliance or reporting requirements for small businesses.

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

  No, this regulation does not establish compliance or reporting requirements for small businesses.

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

  No, this regulation does not establish compliance or reporting requirements for small businesses.

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

  No - the amended regulation outlines fees for licensure of Licensed Supervised Mental Health Counselors.

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

  No, state law requires the Board to license and establish minimum practice standards for licensees. M.G.L. c. 13, §90.

Allied Mental Health and Human Services Professionals, Board of Registration of
262 CMR 2.00, 3.00 & 8.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Board of Registration of Allied Mental Health and Human Services Professions (“AMH Board”), within the Department of Public Health, will hold a public hearing on amendments to the following regulations:

• 262 CMR 2.00, Requirements for Licensure as a Mental Health Counselor – Theseregulations establish the eligibility criteria for licensure as a LMHC; 
• 262 CMR 3.00, Requirements for Licensure as a Marriage and Family Therapist – Theseregulations state eligibility criteria for LMFT; and 
• 262 CMR 8.00, Ethical Codes and Standards of Conduct – These regulations identify the ethical codes of national associations that the Board has adopted for each of its licensed professions and state additional Board standards for the profession.

These proposed amendments (a) establish licensure requirements for the new license category of Licensed Supervised Mental Health Counselors (LSMHCs), in accordance with Chapter 177 of the Acts of 2022; (b) clarify eligibility requirements for Licensed Mental Health Counselors (LMHC) and Licensed Marriage and Family Therapists (LMFT); and (c) update one reference to the ethical code and apply relevant ethics rules to the Licensed Supervised Mental Health Counselor licenses. The proposed amendments intend to implement legislative initiatives to better represent the population of licensees on this board, clarify regulatory requirements, and reduce the barriers to mental health treatment and access.

The public hearing will be held at 10:00 a.m. on Friday, September 19, 2025.

Dial-in Telephone Number: 1-888-469-3045
Participant Code: 9412521

This Hearing will be held jointly with the hearing on the Executive Office of Administrative and Finance regulation 801 CMR 4.00.
A copy of the proposed amendments to 262 CMR 2.00, 262 CMR 3.00, and 262 CMR 8.00 may be viewed on the Department’s website at https://www.mass.gov/service-details/proposed-regulations-and-amendments-department-of-public-health 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 “AMH Board 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 Friday, September 19, 2025.
All comments received by the Department may be released in response to a request for public records.

CMR No: 262 CMR 2.00
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:

  10,279 Licensed Mental Health Counselors

• 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, because State law mandates that "Said board shall promulgate regulations which set forth education requirements necessary for a person to be licensed under the provisions of section one hundred and sixty-five of said chapter one hundred and twelve.” G.L. c. 13, § 90.
  

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

  No, the Board has exclusive authority over the licensing and regulation of LMHCs and the new licensure category of Licensed Supervised Mental Health Counselors (“LSMHCs”).

• 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, LMHCs will continue to be required to meet continuing education requirements, but the regulation does not require small businesses to provide these educational services to licensees.

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

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

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

  Yes, the amended regulation implements a new licensure category of LSMHCs for eligible graduates of counseling programs who are working under supervision to gain the two years of supervised experience needed for full licensure as an LMHC. Counseling services performed by LSMHCs will be reimbursable under certain insurance plans. Massachusetts businesses will be more likely to employ LSMHCs because the business will be able to seek insurance reimbursement for the counseling services provided by LSMHCs. LSMHCs who gain their two years of supervised experience in Massachusetts will be more likely to remain in Massachusetts and this will increase the number of small mental health counseling businesses in Massachusetts.

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

  No. This regulation does not establish compliance or reporting requirements for small businesses

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

  No. This regulation does not establish compliance or reporting requirements for small businesses.

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

  No. This regulation does not establish compliance or reporting requirements for small businesses.

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

  Yes -  The amended regulation sets performance standards, not design or operation standards.

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

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

Cannabis Control Commission
935 CMR 500.000 & 501.00

NOTICE OF PUBLIC HEARING 

Notice is hereby provided that in accordance with G. L. c. 30A § 2, the Massachusetts Cannabis Control Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations revising 935 CMR 500.000: Adult Use of Marijuana and 935 CMR 501.000: Medical Use of Marijuana. These regulations are promulgated pursuant to the Commission’s authority under St. 2016, c. 334, The Regulation and Taxation of Marijuana Act, as amended by St. 2017, c. 55, An Act to Ensure Safe Access to Marijuana; M.G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed; and M.G.L. c. 94I, Medical Use of Marijuana.

Revised regulations for 935 CMR 500.000: Adult Use of Marijuana.

The revisions govern on-site Social Consumption Establishments, to include three License types: Supplemental, Hospitality, and Event Organizer Licenses. The revisions also address duplicative CORI requirements for Laboratory and Marijuana Establishment Agents working within and between Licensees who share the same Persons or Entities Having Direct or Indirect Control, as well as waste disposal procedures and incident reporting requirements.

Revised regulations for 935 CMR 501.000: Medical Use of Marijuana.
These revisions address duplicative CORI requirements for Laboratory and Marijuana Treatment Center Agents working within and between Licensees who share the same Persons or Entities Having Direct or Indirect Control, as well as waste disposal procedures and incident reporting requirements.

Scheduled hearing date, time and location: Monday, September 8, 2025, at 10:00AM EST.

The Public Hearing will take place at the Commissions headquarters:
Cannabis Control Commission
Union Station 2 Washington Square
Worcester, MA 01604

A link to view the Public Hearing will be published at: https://mass-cannabis-control.com/calendar/.

In advance of the public hearing, the text of the proposed regulations may be viewed by visiting the Commission’s website at https://mass-cannabis-control.com/, requested by emailing Commission@cccmass.com, or by calling the Commission at (774) 415-0200. 

Anyone wishing to offer testimony on these regulations can appear in person on the date above. Alternatively, written testimony may also be submitted to the same email address or address below, with ‘Regulation Comment’ in the subject line. All submissions should include the submitters’ full name, and organization or affiliation, if any. 

Comments must be received by 5:00PM EST on September 8, 2025. Written testimony is encouraged to be submitted as soon as possible. The Commission requests testifiers to identify the section of the regulations that applies to their comments. Any public comments received after that date may not be considered. Submissions may be subject to disclosure pursuant to the public records law, G. L. c.66, § 10. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached. 

CMR No: 935 CMR 500.000
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:

  400

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

  No. The changes to these regulations mainly focus on building out the Social Consumption Establishment license types. Therefore, unless the business seeks this additional licensure then it is not likely that they will have any additional reports. These regulations change some requirements relative to Waste and Incident Reporting. However, these would require the business to amend existing files/reports.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes - Businesses should review their SOPS to determine whether they need to update their procedures.

• Will small businesses have to provide additional administrative oversight?

  No. Businesses are already required to provide said oversight.

• 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. The Commission's regulations subject the licensees to audits, inspections, and regulatory enforcement activities. The amendments proposed do not change those requirements.

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

  
  

  No. The board is tasked with imposing licensure requirements for cosmetology and barbering professionals and establishments; operational 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?

  No. The Commission's regulations subject the licensees to audits, inspections, and regulatory enforcement activities. The amendments proposed do not change those requirements.

• 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 amendments herein reflect clarification of current regulations which would be beneficial to small businesses.

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

  Yes. The amendments to Agent Registration, Waste, and Social Consumption Establishments are likely to encourage the formation of additional small businesses.

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

  Yes, please see above.

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

  Yes. Less stringent reporting requirements.

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

  Yes. These amendments help small businesses by requiring less burdensome mandates.

• 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: 935 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:

  400

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

  No. The changes to these regulations mainly focus on building out the Social Consumption Establishment license types. Therefore, unless the business seeks this additional licensure then it is not likely that they will have any additional reports. These regulations change some requirements relative to Waste and Incident Reporting. However, these would require the business to amend existing files/reports.

• Will small businesses have to implement additional recordkeeping procedures?

  Yes - Businesses should review their SOPS to determine whether they need to update their procedures.

• Will small businesses have to provide additional administrative oversight?

  No. Businesses are already required to provide said oversight.

• 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?

  
  

  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. The Commission's regulations subject the licensees to audits, inspections, and regulatory enforcement activities. The amendments proposed do not change those requirements.

• 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 amendments herein reflect clarification of current regulations which would be beneficial to small businesses.

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

  Yes. The amendments to Agent Registration, Waste, and Social Consumption Establishments are likely to encourage the formation of additional small businesses.

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

  Yes, please see above.

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

  Yes. Less stringent reporting requirements.

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

  Yes. These amendments help small businesses by requiring less burdensome mandates.

• 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.

Economic Development, Executive Office of
400 CMR 9.00

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD FOR PROPOSED NEW REGULATION
400 CMR 9.00 “Qualified Data Centers”

Notice is hereby given in accordance with Massachusetts General Laws chapter 30A that the Executive Office of Economic Development (“EOED”) will hold a public hearing and comment period relative to the adoption of a new regulation, 400 CMR 9.00, entitled “Qualified Data Centers” (“Regulation”).

M.G.L. c. 23A § 70 and c. 64H § 6(zz) (“Authorizing Statute”) establishes a program to support the construction, refurbishment, renovation or improvement of data center facilities in the Commonwealth. The Authorizing Statute requires the promulgation of the Regulation that sets forth procedures for owners and operators of data center facilities to apply for and receive certification from EOED for the purpose exempting sales and use tax on eligible data center costs. Accordingly, EOED will hold a public hearing and comment period to accept public comments on the Regulation. 

A virtual public hearing will be conducted on the proposed Regulation. 

LOCATION: Virtual Hearing via Zoom - https://us06web.zoom.us/j/86332212008
DATE: Thursday, August 21, 2025 at 10:00 am

Verbal testimony will be accepted at the hearing. Written comments will be accepted from August 4, 2025 until 5:00 pm on August 25, 2025 and may be submitted via email to datacentertaxexemption@mass.gov or mailed to:
Robert McGovern, Executive Office of Economic Development
Ashburton Place, Room 2101
Boston, MA 02108.
Copies of the proposed regulations may be obtained from the EOED website available at https://www.mass.gov/info-details/400-cmr-900-qualified-data-centers

By: Ashley Stolba
Interim Secretary of the Executive Office of Economic Development

CMR No.: 400 CMR 9.00: Qualified Data Centers
Small Business Impact Statement

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

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

  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.  

Gaming Commission, Massachusetts
205 CMR 115.00

Notice of Public Hearing

Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. chs. 23N, § 4, 23K, §7, and 128A § 9, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 115.04: Phase 1 and New Qualifier Determination Standards and Procedures

Sections within this regulation are being amended by the Commission to provide clarity surrounding the process in which new qualifier suitability is determined for licensees in accordance with G.L. c. 23K.

Scheduled hearing date and time: Tuesday, August 26, 2025, at 10:30 AM EST

Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.

CONFERENCE CALL NUMBER: 1-646-741-5292
PARTICIPANT CODE: 111 752 7787

A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Autumn.Birarelli@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.

Comments must be received by 5:00 PM EST on August 25, 2025.
Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.

CMR No: 205 CMR 115.04, Phase 1 and new qualifier suitability determination, standards, and procedures.
Small Business Impact Statement

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

The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2, relative to the proposed adoption of 205 CMR 115.04, Phase 1 and new qualifier suitability determination, standards, and procedures. 

This regulation is being promulgated as part of the process of updating regulations governing adjudicatory hearings before the Massachusetts Gaming Commission. It sets forth the requirements for adjudicatory proceedings for new qualifiers. 

The proposed 205 CMR 115.04 applies to qualifiers of business entities licensed by the Commission under G.L. c. 23K. Accordingly, this regulation is unlikely to have an impact on small businesses. Under G.L. c.30A, §2, the Commission offers the following responses to the statutory questions: 

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

  Small businesses are unlikely to be subject to this regulation.

• State the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation:

  There are no projected reporting, recordkeeping, or other administrative costs required for small businesses to comply with this regulation.

• State the appropriateness of performance standards versus design standards:

  The standards set forth are design standards.

• Identify regulations of the promulgating agency, or of another agency or department of the Commonwealth, which may duplicate or conflict with the proposed regulation:

  There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the Commonwealth:

  This amendment is unlikely to have any impact on the formation of new businesses in the Commonwealth.

Health and Human Services, Executive Office of
101 CMR 322.00

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, August 22, 2025, at 10 a.m., relative to the adoption of amendments to the following regulation.

101 CMR 322.00: Rates for Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment

Under M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and periodically review the rates to be paid by governmental units for non-institutional health care services, including payment rates for durable medical equipment, oxygen, and respiratory therapy equipment services, provided under the MassHealth program.

Effective for dates of service on or after January 1, 2026, for items that have Medicare fees, EOHHS proposes to rebase certain rates to the corresponding 2024 Medicare rates, using the applicable percentage currently established in 101 CMR 322.00. Proposed rates for these items increase or decrease relative to their current rates depending on how the corresponding 2024 Medicare rates fluctuate. Rates for all items without corresponding Medicare fees, including items with rates set at historical fixed rates, individual consideration (IC), adjusted acquisition cost (AAC) plus a markup, and invoice plus a markup, are proposed to be maintained at their current levels. No changes are proposed for the applicable markups. The proposed amendments will also incorporate updates issued by administrative bulletins since the last regulation review and reflect updated terminology and current policy.

EOHHS is proposing these amendments, subject to federal approval, to ensure that payment rates are consistent with efficiency, economy, and quality of care, and to satisfy the requirements of M.G.L. 118E, sections 13C and 13D. It is estimated that the annual aggregate fiscal impact of the proposed amendments is $895,000. The actual change in annualized expenditures may vary depending on actual utilization of services. There is no fiscal impact on cities and towns.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/executive-office-of-health-and-human-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 p.m. on Friday, August 22, 2025.
EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services.

To review the current draft of the proposed regulation, go to www.mass.gov/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.

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. 

August 1, 2025

CMR No: 101 CMR 322.00
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:

  101 durable medical equipment (DME) providers, 22 oxygen and respiratory equipment (OXY) providers, and 669 pharmacy providers that offer DME and/or OXY equipment and supplies as a subspecialty service

• 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 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. Small businesses are not required to hire other professionals to comply with the regulation.

• 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. Small businesses are not required to purchase a product or make any other capital investments in order to comply with the regulation, although they may obtain products from a preferred supplier.

• 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 MGL Chapter 118E Sections 13C and 13D, and establishes the rates to be paid by governmental units to providers of noninstitutional health care services, including DME and OXY services.
  

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

  No. No other regulations duplicate or conflict with this regulation.

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

   Yes. The regulation continues to require providers to periodically comply with audits, inspections, and other regulatory activities.

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

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

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

  No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for DME and OXY services provided to publicly aided individuals and is applied uniformly among providers.

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

  No. The regulation is unlikely to deter or encourage the formation of small businesses in Massachusetts, as this regulation governs payments for DME and/or OXY services provided to publicly aided individuals and is applied uniformly among providers.

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

  No. The regulation does not distinguish between small and other businesses.

• 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 upon request to enable EOHHS to develop rates for health care services and is applied uniformly regardless of whether or not the provider is a small business.

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

  No. This regulation requires providers to submit documentation requested by the Commonwealth for purposes of utilization and provider review to ensure compliance with requirements, including the timelines for reporting, and the regulation is applied uniformly regardless of whether or not the provider is a small business.

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

  No. The regulation establishes uniform conditions of payment for the provision of DME and OXY services to publicly aided individuals. These requirements are applied uniformly, regardless of the size of the provider’s business, to maintain consistency in the care provided to publicly aided individuals.

• 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 and governs payments for DME and OXY services to publicly aided individuals and is applied uniformly regardless of whether or not the provider is a small business.

Medical Assistance, Division of
130 CMR 432.000

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 regulation.

130 CMR 432.000: Therapist Services

It is anticipated that these amendments will not go into effect before January 1, 2026. There is no fiscal impact on cities and towns.

The Executive Office of Health and Human Services (EOHHS) is proposing an amendment to 130 CMR 432.000 to comply with federal prior authorization requirements applicable to MassHealth-enrolled therapy providers and to services provided under the regulation.

The proposed amendment aligns the therapy program regulation with federal law regarding prior authorization adjudication, set forth in CMS-0057-F, consistent with federal interoperability requirements. The proposed amendment will be consistent with changes in 130 CMR 450.000: Administrative and Billing Regulations.

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, August 22, 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.  

August 1, 2025 

CMR No: 130 CMR 432.000: Therapist Services 
Small Business Impact Statement

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

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

  There are currently about 366 providers of restorative, speech and hearing center, and rehabilitation center services.

• 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. Small businesses will not have to purchase a product or make any other capital investments in order to comply with the proposed regulation amendments.

• 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 amendments are related to the federal law.
  

• 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 continues to require providers to periodically comply with audits, inspections, and other regulatory activities.

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

  No. Small businesses will not have to provide education services to keep up to date with these amendments.

• 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.

Revenue, Department of
830 CMR 63.00 (63.38HH.1)

NOTICE OF PUBLIC HEARING

The Department of Revenue (“DOR”) is holding this public hearing remotely. Details and instructions for participating and testifying remotely (such as through a phone line or online connection) at the remote public hearing will be published online at https://www.mass.gov/service-details/public-hearings-dor and are included in this notice below. If you plan to testify at the remote hearing, DOR strongly encourages you to register in advance; see below for instructions. DOR encourages you to submit written testimony in addition to, or instead of, providing testimony at the hearing; see below for instructions. Additionally, requests for copies of the proposed regulation will not be accepted in person. Details for obtaining copies of the proposed regulation are set forth below.

Join Zoom Meeting https://us02web.zoom.us/j/82428079445?pwd=QbgDEMRbb2qxiKCIUunb3Q1Nd9K8Kn.1
Meeting ID: 824 2807 9445
Passcode: 732472
Dial by your location • +1 309 205 3325 US
Find your local number: https://us02web.zoom.us/u/kcoYexPefg

Pursuant to the provisions of General Laws Chapter 14, Section 6(1), Chapter 30A, Section 2, and Chapter 62C, Section 3, the Commissioner will hold a public hearing on the following proposed regulation:

830 CMR 63.38HH.1: Apprentice Tax Credit

Scheduled Hearing Date: Wednesday, September 17, 2025, at 10:00 a.m.
Subject Matter: 830 CMR 63.38HH.1 explains the general rules for calculating and claiming the apprentice tax credit made available pursuant to M.G.L. c. 62 § 6(v) and M.G.L. c. 63 § 38HH to certain taxpayers that employ “qualified apprentices” in certain industries/fields for at least 180 calendar days in a taxable year. In order to be eligible to claim the credit, the employer and the apprentice must satisfy certain requirements prescribed in G.L. c. 62 § 6(v) and G.L. c. 63 § 38HH and established by the Division of Apprentice Standards.
Information: Individuals who notify DOR of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers are strongly encouraged to notify DOR of their intention to testify at the hearing by emailing their full name, mailing address and organization or affiliation, if any to RulesandRegs@dor.state.ma.us by September 16, 2025.
Individuals may also submit written testimony by emailing the Rulings and Regulations Bureau at RulesandRegs@dor.state.ma.us.

Please submit electronic testimony as an attached Word 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 testimony by email should mail written testimony to the Rulings and Regulations Bureau, Post Office Box 9566, Boston, Massachusetts 02114-9566.
Written testimony must be submitted by 5:00 p.m. on September 17, 2025.

 Copies of the proposed regulation will be sent electronically via e-mail to practitioners who are on the Rulings and Regulations Bureau's e-mail list. In addition, the proposed regulation is posted on the Department of Revenue's Web site at: https://www.mass.gov/info-details/proposed-regulations-dor.

Geoffrey E. Snyder
Commissioner of Revenue 

CMR No: 830 CMR 63.00 (63.38HH.1)
Small Business Impact Statement

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

830 CMR 63.38HH.1 explains the general rules for calculating and claiming the apprentice tax credit made available pursuant to M.G.L. c. 62 § 6(v) and M.G.L. c. 63 § 38HH to certain taxpayers that employ “qualified apprentices” in certain industries/fields for at least 180 calendar days in a taxable year. DOR estimates that 1,004,464 small businesses may be impacted by this proposed regulation. No projected reporting, record keeping, or other administrative costs directed at small businesses have been identified as required for compliance with the proposed regulation. Additionally, the proposed regulation does not contain design or performance standards directed at small businesses and does not duplicate or conflict with other regulations of DOR. DOR has not identified any regulations of other agencies that conflict with this proposed regulation. And finally, the proposed regulation is likely to neither deter nor encourage the formation of new businesses, small or otherwise, in the Commonwealth. 

State Police, Department of
515 CMR 9.00 & 11.00

NOTICE OF HEARING

Under the provisions of M.G.L. c. 30A, the Massachusetts Department of State Police will conduct a public hearing for the purpose of gathering comments, ideas, and information concerning the following regulations:

515 CMR 9.00: Promotional Process for Rank of Major
515 CMR 11.00: Promotional Process for Ranks of Lieutenant and Sergeant

Summary of Proposed Regulations: Adoption of 515 CMR 9.00 will provide a general framework for the promotional process for the rank of major for uniformed members of the Department. Adoption of 515 CMR 11.00 will provide a framework for the promotional process for the ranks of lieutenant and sergeant for Department uniformed members, including information regarding notification requirements, administration, and scoring for a promotional examination, as well as information regarding selection of members.

The Department is holding this public hearing remotely via Zoom. You may join via computer or telephone as described below.

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 or writing to the address below.

Email: Doug.Levine@pol.state.ma.us
U.S. Mail:
Doug Levine Office of the Chief Legal Counsel
Department of State Police 470 Worcester Road
Framingham, MA 01702

Written comments will be accepted beginning on July 31, 2025 until 5:00pm on August 21, 2025.
All comments received may be released in response to a public records request. 

 Scheduled Hearing Date: August 21, 2025 at 10:00 AM

 Via Computer: Please go to the following URL to join the Zoom webinar: https://tinyurl.com/MSPRegulationsPublicHearing
Meeting ID: 863 3760 4500
Passcode: 934486

Via Telephone: (646) 931-3860 

CMR No.: 515 CMR 9.00
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. The new regulation will only impact uniformed members of the Massachusetts State Police and the agency’s operations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. See response to first question above.

• Will small businesses have to provide additional administrative oversight?

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

• 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. See response to first question above.
  

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

CMR No.: 515 CMR 11.00
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. The new regulation will only impact uniformed members of the Massachusetts State Police and the agency’s operations.

• Will small businesses have to implement additional recordkeeping procedures?

  No. See response to first question above.

• Will small businesses have to provide additional administrative oversight?

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

• 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. See response to first question above.
  

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.

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

  No. See response to first question above.