The
Massachusetts
Register
Published by:
The Secretary of the Commonwealth,
THE COMMONWEALTH OF MASSACHUSETTS
Secretary of the Commonwealth - William Francis GalvinThe Massachusetts Register
TABLE OF CONTENTSPage
Statement of Ownership, Management, and Circulation 1
THE GENERAL COURT
-Acts and Resolves 3
OFFICE OF THE SECRETARY OF THE COMMONWEALTH
-State Register of Historic Places 5
DIVISION OF MARINE FISHERIES
-Notice of Designated Days-out in Sea Herring Fishery Management Area 1A 7 ADMINISTRATIVE PROCEDURES
-Notice of Public Review of Prospective Regulations 8
Cumulative Table 21
Notice of Expiration of Emergency Regulation 31
Emergency Regulations 33
Emergency Regulations
114.3 CMR
114.3 CMR Health Care Finance and Policy, Division of
55.00 Freestanding Birth Center Services 33
Governs payments to freestanding birth centers. It is a new regulation effective for services rendered on and after October 5, 2011.
114.6 CMR
114.6 CMR Health Care Finance and Policy, Division of
13.00 Health Safety Net Eligible Services 35
Governs the criteria for determining the services for which hospitals and community health centers may be paid from the Health Safety Net, effective October 1, 2011.
14.00 Health Safety Net Payments and Funding 37
Governs payments to and from the Health Safety Net Trust Fund, effective October 1, 2011.
130 CMR Medical Assistance, Division of
450.000 Administrative and Billing Regulations 39
Revises the regulations governing copayments for MassHealth members. Also updates to clarify when members or services may be exempt from copayments and premiums.
506.000 Health Care Reform: MassHealth: Financial Requirements 41
Revises regulations governing copayments for MassHealth members. Also updates to clarify when members or services may be exempt from copayments and
premiums.
520.000 MassHealth: Financial Eligibility 43
Revises the regulations governing copayments for MassHealth members. Also updates to clarify when members or services may be exempt from copayments and premiums.
Notice of Expiration of Emergency Regulation
430 CMR Unemployment Assistance, Division of
from a full time job, but who separates for disqualifying reasons from a part-time job, will be subject to a “constructive deduction.” The claimant’s benefits will be reduced as if s/he continued to work at the part-time job until s/he requalifies.
430 CMR 4.76(2) as proposed will allow a claimant who is subject to a constructive deduction to return to full benefits at what would have been the end date for such work, if the part-time position was for a fixed time period of less than sixteen weeks.
Permanent Regulations
114.3 CMR
114.3 CMR Health Care Finance and Policy, Division of
45.00 Temporary Nursing Services 45
Governs the rates paid by health care providers to temporary nursing agencies registered with the Department of Public Health, effective October 1, 2011.
115 CMR Developmental Services, Department of
5.00 Behavior Modification 47
Establishes the standards and procedures for the Department of Developmental Services (“DDS”) oversight and regulation of behavior modification programs in locations that are operated, funded or licensed by DDS. It is the purpose of DDS, reflected in 115 CMR 5.14, to assure the dignity, health and safety of persons with intellectual disability in the implementation and oversight of behavior modification programs.
209 CMR Banks and Loan Agencies, Division of
55.00 Reverse Mortgage Loans 49
New regulation governs reverse mortgage loans for consumers in the
Commonwealth. The purpose of this regulation is to clarify the opt-in requirement and certification for the in-person counseling requirements for reverse mortgages established by St. 2010, c. 258.
244 CMR Nursing, Board of Registration in
1. Publication TItle P~~cation I
8
'lumber 13. Filing Date Massach¥setts Register 9/15/11 4. Issue Frequency Semi-monthly Contact PersonI Steven Kfourv 7. <::Omplete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, andZIP+4<B»
State Publications & Regulations Division
One Ashburton Place, Room 1613 Telephone (fnciudearea code)
_Boston, MA 02108' 617...,727-2831
8. (;omplete Mailing Address of Headquarters or General Business Office of Publisher (Not printer) ,Secretary of the Commonwealth
,Sta te House, Room 340
-.:oBoston, MA 02133 ~~c
Put)lisher (Name and complete mailing address)
:3ecretary of the Commonwealth State House, Room 340
Boston, MA 02133 Editor (Name and complete mailing address)
Sta"te Publications & Regulations Division One Ashburton Place, Room 1613
Boston, MA 02108
Managing Editor (Name and complete mailing address)
~)tate Publications & Regulations Division One Ashburton Place, Room 1613
Boston, MA 02108
10. 'Owner (Do not leave blank. If the publication is owned by ~ corporation, give the name and address of the corporation immediately followed by the ,'James and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the ,'James and addresses of the individual owners. If owned by a partnership or other unincorporated finn, give its name and address as well as those of ,~ach individual owner. If the publication is published by a nonprofit organization, give its name and address.)
.I Complete Mailinq A~~ress Full Name
3
the Commonwealth state House,Room 340,Boston,MA 021 Secretary of
--.1.
Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or
,Other Securities. If none, check box tlNone
~ Complete Mailing ~ddress Full Name
--12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one)
Thypurpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes: 'd Has Not Changed During Preceding 12 Months
15. I:xtent and Nature of Circulation
No. Copies of Single Issue Published Nearest to Filing Date
Average No. Copies Each Issue During Preceding 12 Months
a. Total Number of Copies (Net press run)
219 206
Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nomi-nal rate, advertiser's proof copies, and exchange copies) 166 157 (1)1 b. Paid Ciirculation (tly Mail and Outside the Mail)
Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser's proof copies, and exchange copies)
(2) 0 0
Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS@
(3) 4 4
Paid Distribution by Other Classes of Mail Through the USPS (e.g. First-Class Mail@)
(4)1
23
27
c. Total Paid Distribution (Sum of 15b (1), (2), (3), and (4)) 197 184
(1)IFree or Nomina! Rate Outside-County
Copies included on PS Form 3541 7 7
d. Freeor Nominal Rate Distribution (t!y Mail and C'utside tfle Mail)
(2) I Free or Nominal Rate In-County Copies Included
on PS Form 3541 a 0
(3) 1 Free or Nomina! Rate Copies Mailed at Other
Classes Through the USPS (e.g. First-Class Mail) 0 0
(4)1Free or Nominal Rate Distribution Outside the Mail
(Carriers or other means) 0 0
e. Total Free or Nominal Rate Distribution (Sum of 15d{1), (2), (3) and (4))
7 7
~
f. Total Distribution (Sum of 15c and 15e)191 2~
~
g. l:;Opies not Distributed (See Instructions to Publishers #4 (page #3))
,
15..
h. Total (Sum of 15f and g)
206
?l9
..
97% 96%I?ercent Paid
(15c divided by 15ftimes 100) 16. I:>u~tion of Statement of Ownership
1",:J' If the publication is a general publication, publication of this statement is required. Will be printed in the 1 a /l~ f~ L_~ issue of this publication.
0 Publication not required.
Date 17. Signature and -ntle of Editor, Publisher, Business Manager, or Owner
"
2~-<..-,~< V)£."lt~~- 9/15/11
0
/II~rtify that all information fumished on this form is true ana Complete. I understand that anyone who fumishes false or misleading information on this farm or who omits material or information requested on the form may be subject to crimina! sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
NUMBER NUMBER
Exempting Certain Employees of the School Department in the Town of Acushnet and Certain Town of Acushnet Clerical and Janitorial Employees from the Civil Service Law.
9/6/2011
103 H 1618
Establishing a Sick Leave Bank for Lisa A. Sullivan, an Employee of the Trial Court.
9/6/2011
104 H 3249
Establishing a Sick Leave Bank for Arcelia Williams-Sullivan, an Employee of the Massachusetts Rehabilitation Commission.
9/6/2011
105 H 3588
Establishing a Sick Leave Bank for Michele Chandler, an
Employee of the Executive Office of Health and Human Services.
9/6/2011
106 S 1968
Authorizing the City of Methuen to Lease the Oakland Avenue School Building to the Islamic Academy for Peace.
9/6/2011
107 H 3689
Establishing a Barrier Beach Protection Stabilization Fund in the Town of Dennis.
9/6/2011
108 H 3258
Establishing a Sick Leave Bank for Annmarie Kineavy, an Employee of the Massachusetts Department of Transportation.
9/15/2011
109 H 3691
Establishing a Sick Leave Bank for Grisel Caraballo, an Employee of the Department of Revenue.
9/15/2011
110 H 3662
Establishing a Sick Leave Bank for Caron Parker, an Employee of the Department of Revenue.
9/15/2011
111 S 2003
Establishing a Sick Leave Bank for Debra Callinan, an Employee of the Soldiers' Home in Massachusetts.
9/15/2011
112 H 3616
Establishing a Sick Leave Bank for Bethany M. Tsioropoulos, an Employee of the Massachusetts Rehabilitation Commission.
9/15/2011
113 S 2002
Amending the Charter of the City of Malden. 9/15/2011
114 S 1923
Relative to Derivative Activities of State Banks. 9/15/2011
115 H 303
Validating a Certain Vote Taken by the Town of Tewksbury. 9/16/2011
116 S 1909
Exempting Certain Positions in the Town of Shrewsbury from the Civil Service Law.
9/16/2011
117 S 1937
Exempting Scott Lawrence from the Maximum Age Requirement for Applying for Civil Service Appointment as a Police Officer in the Town of Ware.
9/20/2011
118 H 3464
Exempting Daniel J. Clark from the Maximum Age Requirement for Applying for Civil Service Appointment as a Police Officer in the Town of Ware.
9/20/2011
NUMBER NUMBER
Relative to the Acceptance of Streets as Public Ways in the City of Woburn.
9/23/2011
120 H 912
Relocating Certain Harbor Lines in the Fairhaven and New Bedford Harbors.
9/23/2011
121 H 3402
Authorizing the Town of Truro to Lease Certain Land to the Town of Provincetown.
9/23/2011
122 H 572
Authorizing the City of Westfield to Convert a Seasonal License for the Sale of All Alcoholic Beverages not to be Drunk on the Premises to an Annual License for the Sale of All Alcoholic Beverages not to be Drunk on the Premises.
9/23/2011
123 S 1939
Reforming Alimony in the Commonwealth. 9/26/2011
124 H 3617
Authorizing the City Clerk of the City of Haverhill to Arrange the Names of Candidates for Municipal Elective Office by Random Drawing.
10/3/2011
WEEKS OF: July 23,2011- September 23,2011
For further information call the Massachusetts Historical Commission (617- 727-8470)
ACTIONS TAKEN UNDER 950 CMR 71.00
Town/Property/Agency Finding Date
NONE
ADDITIONAL LISTINGS UNDER 950 CMR 71.00
Town/Name/Address Designation Date
Number of Properties
NRDIS 8/24/2011
Amherst
Amherst Central Business District (Boundary Increase): Lord Jeffery Inn
30 Boltwood Ave
1
Barnstable
Sturgis Library -Lothrop, Rev. John House 3090 Main St
PR 7/26/2011 1
PR 6/24/2011 1
Boston (Roxbury) Eliot Burying Ground
Eustis and Washington Sts
Bourne
Swift Memorial Methodist Church 10 Williston Rd PR 7/29/2011 NRIND 9/6/2011 10 Grafton Hassanamisco Reservation 80 Brigham Hill Rd Great Barrington
Wheeler Family Farmstead 817 South Main St
NRIND 9/6/2011 8
Nantucket
Monaghan, Hanna and Gertrude House -Greater Light
8 Howard St
PR 7/26/2011 1
New Bedford
Seamen's Bethel and Mariners' Home-"-Rotch, William Jr. House
15 Johnny Cake Hill
Barton, Charlton, Church. E. Main, Elm, Fremont, Front, and Main Sts, Maple Rd, Quobaug Ave, Sigo1irney St, Sutton Ave, West St, and JackSon Ct
Winchester
Sanborn House (Aigremont) 15 High St
PR 5/20/2011 .1
LHD 5/1/2009
Woburn
Expanded Baldwin Homestead Historic District Properties on Elm, Main, Pearl,
and Ward 8ts
22
Commonwealth of Massachusetts
Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, Massachusetts 02114
(617)626-1520 fax (617)626-1509
September 28, 2011
MarineFisheries Advisory
Notice of Designated Days-out in Sea Herring Fishery Management Area 1A: October 1 – October 14 and October 15 – December 31.
Consistent with 322 CMR 9.05, the Marine Fisheries Advisory Commission has approved and the Division of Marine Fisheries (MarineFisheries) has established days-out specifications for sea herring fishery in Management Area 1A from October 1 – October 14 and October 15 – December 31. The days-out for these periods were approved by the Atlantic States Marine Fisheries Commission’s Atlantic Sea Herring Section’s Maine, New Hampshire and Massachusetts Commissioners on September.
• Vessels in the directed sea herring fishery: o From October 1 - October 14 vessels in the
Management Area 1A directed fishery are allowed to land Atlantic sea herring Monday – Friday, with days-out on Saturday and Sunday.
o From October 15 – December 31, or until the area specific quota is taken, vessels in the Management Area 1A directed fishery are allowed to land Atlantic sea herring Monday – Thursday, with days out on Friday – Sunday;
o Vessels participating in the Management Area 1A directed fishery may only land Atlantic sea herring once per day on open fishing days.
• Vessels in the non-directed fishery:
o From October 1 – December 31 vessels may
retain an incidental bycatch daily trip limit of sea herring, provided it does not exceed 2,000 lbs. These vessels are not subject to days-out specifications.
For further information regarding Atlantic sea herring management please visit our website at
www.mass.gov/marinefisheries.
Paul J. Diodati
Director Deval Patrick
Governor Timothy P. Murray Lt. Governor Richard K. Sullivan, Jr. Secretary Mary B. Griffin Commissioner
NOTICES OF PUBLIC REVIEW OF PROSPECTIVE REGULATIONS PUBLISHED IN COMPLIANCE WITH M.G.L. c. 30A, SECTIONS 2 AND 3
Secretary of the Commonwealth - William Francis Galvin
October 14, 2011 Published
Teachers' Retirement Board 807 CMR 2.00 10/31/11 @ 10:00 A.M. Written
comments accepted until 10/31/11 @ 11:30 A.M.
Medical Assistance, Division of
130 CMR 450.000, 506.000 & 520.000
10/28/11 @ 2:00 P.M. Written comments accepted until 11/2/11 @ 5:00 P.M.
Administration and Finance, Executive Office for
801 CMR 7.00 Written comments accepted
10/1/11 through 10/22/11. 114.6 CMR Health Care
Finance and Policy, Division of
114.6 CMR 13.00 11/2/11 @ 10:00 A.M. Written and
electronic testimony accepted until 2/14/11 @ 5:00 P.M.
114.6 CMR 14.00 11/2/11 @ 1:00 P.M. 11/2/11 @
10:00 A.M. Written and electronic testimony accepted until 2/14/11 @ 5:00 P.M.
114.3 CMR Health Care Finance and Policy, Division of
114.3 CMR 55.00 11/9/11 @ 10:00 A.M. Written
testimony accepted until 11/21/11 @ 5:00 P.M.
MTR~
MASSACHUSETIS TEACHERS' RETIREMENT SYSTEM Members of the Board Jeff Wulfson Chairman, Designee ofthe Commissioner of EfementOfyand Secondary EducationSteven Grossman State Treasurer Suzanne M. Bump State Auditor JohnA.M. Dow, Jr. Karen A. Mitchell Linda M. Ruberto EllenT.Hargraves Executive Director Joan Schloss Phone 617-679-MTRS (6877) Fax 617-679-1661 Phone 413-784-1711 Fax 413-784-1707
i
'l
j
Pursuant to its authority under M.G.L. c.IS, §16, M.G.L. c.32, §20(5)(b), and in accordance with the Administrative Procedures Act, M.G.L. c.30A, §§2 and 3, the Massachusetts Teachers' Retirement System ("MTRS") is holding a public hearing and soliciting written comment on amendments to regulation, 807 CMR 2.00, Rules of Election.
The MTRS is proposing amendments to 807 CMR 2.00 to clarify when elections will be held and to define the term of newly elected board members.
The public hearing will occur on Monday, October 31,2011 at the offices of the MTRS at One Charles Park, Cambridge, MA 02142 at 10:00 a.m. The Board will also accept written comment until 11:30 a.m. on Monday, October 31st. A copy of the proposed regulation is available on the MTRS's website at
www.mass.gov/mtrs or by calling Robert G.Fabino, Associate General Counsel, at 617-679-6860, or by [email protected]. Written comments may be submitted to Mr. Fabino electronically, or at the Board's address above.
MTR5,4
MASSACHUSETTS TEACHERS' RETIREMENT SYSTEM Members of the Board JeffWuifson Chairman, Designee of the Commissioner of Elementary and SecondOly Education Steven Grossman State Treasurer Suzanne M. Bump State Auditor JohnA. M. Dow, Jr. KarenA.Mitchell Linda M. Ruberto EllenT.Hargraves Executive Director JoanSchloss Phone 617-679-MTRS (6877) Fax 617-679-1661 Phone 413-784-1711 Fax 413-784-1707This statement accompanies the Notice of Hearing of the Massachusetts Teachers' Retirement System, concerning proposed amendments to 807 CMR 2.00.
The proposed amendments define when elections will occur and what the length of term is for newly elected members. Because the amendments do not affect small businesses, the following additional considerations have no application.
(1) Projected reporting, recordkeeping and other administrative costs required of small businesses;
(2) Appropriateness of performance standards versus design standards; (3) MTRS regulations, or other commonwealth agency regulations which
may duplicate or conflict with proposed regulations;
(4) Analysis of whether proposed regulation is likely to deter or encourage formation of new business in the commonwealth.
Submitted by, Robert G.Fabino, Associate General Counsel, on behalf of the MTRS this 21st day of September 2011.
Division of Medical Assistance
Pursuant to the authority of M.G.L. c.6A, s. 16 and in accordance with M.G.L. c. 30A, s.2,a public hearing will be held on Friday, October 28, 2011, at 2 P.M. in Room 6112 on the 6th
floor at 100 Hancock Street, Quincy MA relative to the adoption of:
130 CMR 450.000 (Administrative and Billing), 506.000 (Health Care Reform:
MassHealth: Financial Requirements), and 520.000 (MassHealth: Financial Eligibility)
MassHealth copayments for certain pharmacy services are being revised. Copayments for
drugs that currently have a $3 copayment will be $3.65, for both first-time prescriptions and
refills. Copayments for certain covered generic and over-the-counter drugs mainly used for diabetes, high blood pressure, and high cholesterol will stay at $1.
These regulations went into effect October 1,2011, as emergency regulations. There is no fiscal impact on cities and towns.
Interested parties are encouraged to submit comments on these proposed regulations. All persons desiring to be heard on this matter are hereby notified to appear at the designated time and place. Persons who notify EOHHS that they intend to speak will be afforded an early opportunity to testify if EOHHS receives notice by 5:00 P.M. on October 27,2011.
Contact us by telephone at 617-573-1770 or by fax at 617-573-1894. If you do not provide EOHHS with advance notice of your desire to speak, you will still be given an opportunity to do so if you appear at the hearing. Written comments will be accepted up until 5:00 P.M. on November 2,2011, and may be sent to the Executive Office of Health and Human Services, Office of Medicaid, One Ashburton Place, Room 1109, Boston, MA 02108, or e-mailed to
[email protected]. E-mailed comments should contain the sender's name, mailing address, and organization or affiliation, if any.
All persons desiring to review the current draft of the proposed actions may go to
www.mass.gov/masshealth/proposedregs or request a copy in writing or in person from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
MassHealth may adopt a revised version of the proposed actions taking into account relevant comments and any other practical alternatives that come to its attention.
In order to accurately predict the impact the adoption, amendment, orrepeal of aregulatio~ will have onsmall b' es the romulgating authority must conduct a thorough analysis that not only consIders the potentIal e;::s;f the a:ion but also quantifies the costs, if any, associated with each. The questions below are desIgned to aid promulgating authorities inconducting their analysis.
Agency Submitting Regulation: Division ofMedical Assistance (MassHealth)
Regulation No: 130CMR 450.000 (Administrative and Billing), 506.000(Health Care Reform: MassHealth:
Financial Requirements), and 520.000 (MassHealth: Financial Eligibility)
Other Agencies Affected: The Health Connector and the Division ofHealth Care Finance and Policy (DHCFP), as well asMassHealth managed care organizations (MCOs)
Describe the Scope and Objectives of the Regulation: There will beno changes in the copayment amount for drugs that are currently subject to $1copayments (generic and over-the-counter drugs in the antihyperglycemics, antihypertensives, andantihyperlipidemics drug classes). The copayments fordrugs that are currently subject to $3
copays will increase to $3.65 for each prescription and refill (all other generic and over-the-counter drugs and all brand-name drugs covered by MassHealth).
The proposed changes will also conform for consistency the MassHealth regulatory provisions governing members and services exempt from copays and include the federally required exemption from copays and premiums related
toAmerican Indians and Alaska Natives.
Types of Businesses Included in the Industry(ies): Retail chain pharmacies, retail independent pharmacies, and
ADMINISTRATION AND FINANCE
TEL: (617) 727-2040 FAX:(617)727-2779
www.mass.gov/eoaf
The Executive Office for Administration and Finance proposes to repeal its current regulation,
801 CMR 7.00, which allows private parties to finance state employees' travel and training if the
agency head and cabinet secretary make a determination that the travel or event serves a
legitimate public purpose and that the benefit to the Commonwealth of the employee's
participation in the travel or event outweighs any special non-work related benefit to the
employee or the private sponsor.
These Administration and Finance regulations are now obsolete, since the State Ethics
Commission recently adopted new regulations, 930 CMR 5.08(2), addressing the same subject in
a more streamlined way.
Written comments on the proposed repeal regulation will be accepted between October 1,2011
effects of the action but also quantifies thecosts, ifany, associated with each. Thequestions below are designed to
aid promulgating authorities in conducting their analysis.
Describe the Scope and Objectives of the Regulation:The Executive Office forAdministration and
Finance proposes to repeal its current regulation, 801 CMR 7.00, which allows private parties to finance state
employees' travel and training if the agency head and cabinet secretary make a determination that the travel or
event serves a legitimate public purpose and that the benefit to the Commonwealth of the employee's
participation in the travel orevent outweighs any special non-work related benefit to the employee or the
private sponsor. These Administration and Finance regulations are now obsolete, since the State Ethics
Commission recently adopted new regulations, 830 CMR 5.08(2), addressing the same subject in a more
streamlined way.
Total Number of Small Businesses Included in the Regulated Industry(ies)Please see the attached guidance
documents for assistance determining the total number ofsmall businesses: none
Yes No *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.
Yes No Will small businesses have to create, file, or issue additional reports?
D ~
Yes No Will small businesses have to provide additional administrative oversight?
D ~
Yes No Will small businesses have to hire additional employees in order to comply with the
D ~ proposed regulation?
Yes No Does compliance with the regulation require small businesses to hire other professionals
D ~ (e.g. a lawyer, accountant, engineer, etc.)?
Yes No Does the regulation require small businesses to purchase a product or make any other
D ~ capital investments in order to comply with the regulation?
Yes No Are performance standards more appropriate than design standards?
D D not applicable
Yes No Does the regulation require small businesses to cooperate with audits, inspections, or
D ~ other regulatory enforcement activities?
Yes No Will the regulation have the effect of creating additional taxes and/or fees for small
D ~ businesses?
Yes No Does the regulation require small businesses to provide educational services to keep up to
D ~ date with regulatory requirements?
Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?
D ~
Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?
D ~
Yes No Can the regulation provide for less stringent compliance or reporting requirements for
D D small businesses?
not applicable
Yes No Can the compliance or reporting requirements be consolidated or simplified for small 0 0 businesses?
not applicable
Yes No Can performance standards for small businesses replace design or operational standards? 0 0 not applicable
Yes No Are there alternative regulatory methods that would minimize the adverse impact on 0 [gI small businesses?
Yes No Were any small businesses or small business organizations contacted during the 0 [gI preparation of this document? If so, please describe.
DEVAL L. PATRICK Governor TIMOTHY P. MURRAY
Lieutenant Governor
Executive Office of Health and Human Services Division of Health Care Finance and Policy
Two Boylston Street Boston, MA 02116
617-988-3100 .Fax 617-727-7662 JUDYANN BIGBY. M.D. www.mass.gov/ dhcfp Secretary AROr't-BOROS Com&iOnty
-
j N -.oJ -0NOTICE OF PUBLIC HEARING ::£:
-
..Pursuant to the provisions of M.G.L. c.118G and in accordance with M.G.L. c. 30A, as ameng'd, a public hearing will be held on Wednesday, November 2,2011 at 10:00 A.M. at Two Boylston Street, Boston, MA 02116 relative to the adoptions of amendments to:
~-1 'I>~
-;;.4
~r-T'I
14.6 CMR 13.00: Health Safety Net Eligible Services
The proposed amendments increase the Health Safety Net (HSN) pharmacy co-payments for drugs other than generic antihyperglycemics, antihypertensives, and antihyperlipidemics from $3.00 to $3.65, and also increase the annual pharmacy co-payment cap from $200 to $250. The payment changes are being proposed to be consistent with changes in MassHealth co-payment requirements effective October 1, 2011. Further, the amendments make a technical clarification relating to HSN claims submission for individuals eligible for Emergency Aid to Elders, Disabled and Children.
The Division adopted these amendments as emergency amendments effective October 1, 2011. The co-payment changes are proposed to be consistent with the MassHealth payment system. It is estimated that the proposed amendments will reduce demand for HSN services by
approximately $1.5 million. Low Income Patients will incur greater co-payments for prescription drugs and will have a higher co-payment cap. There is no fiscal impact on cities and towns, and no fiscal impact on small businesses.
Individuals that notify the Division of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers may notify the Division of their intention to testify at the hearing by registering online at www.mass.gov\dhcfu\regylations. Individuals may also submit written testimony by emailing [email protected]. 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 and
address. Individuals who are unable to submit testimony by email should mail written testimony to the Division of Health Care Finance and Policy, Two Boylston Street, Boston, MA 02116-4704. Written testimony must be submitted by 5:00 P.M. on Monday, November 14, 2011.
Copies of the regulation are available for inspection and/or purchase at the Division of Health Care Finance and Policy or viewed at the Division's website at
DEVAL L. PATRICK Governor TIMOTHY P. MURRAY
Ueutenant Governor
Division of Health Care Finance and Policy Two Boylston Street
Boston, MA 02116
617-988-3100 .Fa.x 617-727-7662 JUDYANN BIGBY, M.D.
www.mass.gov/dhcfp Secretary
AROti.,BO~SC:;) ,
CO~siOller-,
NOTICE OF PUBLIC HEARING
-Pursuant to the provisions of M.G.L. c.118G and in accordance with M.G.L. c. 30A, as amen~, the Division will hold a public hearing on Wednesday, November 2,2011 at 1:00 PM at Two u: Boylston Street, Boston, MA 02116 relative to the adoption of amendments to:
114.6 CMR 14.00: Health Safety Net Payments and Funding
The proposed amendments revise the Health Safety Net (HSN) hospital payment rates for HSN fiscal year 2012. The amendments update the inpatient hospital rates to reflect Medicare rate updates effective October 1, 2011; update the outpatient per visit rates by using FY 2010 HSN claims data and Medicare payment on account factor data; and update the rehabilitation, critical access hospital and PPS-exempt hospital rates.
The Division adopted these amendments as emergency amendments effective October 1, 2011, to reflect updated Medicare payments, as required by M.G.L. c. 118G, § 39. Although FY2012 HSN funding is capped at $420 million, it is estimated that these amendments will increase the annual demand for HSN services by approximately $14 million, or 3.9%. There is no fiscal impact to the Commonwealth because FY2012 HSN funding is capped at $420 million. The impact on individual hospitals will vary depending on the mix of services provided and the amount by which hospital claims exceed available funding in FY2012. There is no fiscal impact on cities and towns, and no fiscal impact on small businesses.
Individuals that notify the Division of their intent to testify at the hearing will be afforded an earlier opportunity to speak. Speakers may notify the Division of their intention to testify at the hearing by registering online at www .mass.gov\dhcfu\regylations. Individuals may also submit written testimony by emailing HCF-Regylations(ii)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 and
address. Individuals who are unable to submit testimony by email should mail written testimony to the Division of Health Care Finance and Policy, Two Boylston Street, Boston, MA02116-4704. Written testimony must be submitted by 5:00 P.M. on Monday, November 14, 2011. Copies of the regulation are available tor inspection and/or purchase at the Division of Health Care Finance and Policy or viewed at the Division's website at
DEVAL L. PATRICK
Governor
TIMOTHY P. MURRAY
Lieutenant Governor
D
i
v
i
sion of Health Care Finance and Pol
i
cy
Two Boylston
S
treet
Boston
)
MA 02116
617-988-3100 • Fax 617-727-7662 uJww.rnass.gov/ dhcfp JUDYANN BIGBY, M.D. Secretary ARON BOROS CommissionerPursuant to the provisions of M.G.L. c.118G and in accordance with M.G.L. c. 30A, as amended,
a public hearing will be held on Wednesday, November 9, 2011 at !0:00am at the Division of
Health Care Finance and Policy, Two Boylston Street, 5th floor, Boston, MA relative to the
adoption of:
The proposed regulation establishes payment rates to freestanding birthing centers, which provide
cost-effective care to low risk women during pregnancy, labor and delivery, and post-partum
care. The Division is required to adopt this regulation to comply with the provisions of Section
2301 of the Patient Protection and Affordable Care Act. There are currently no freestanding birth
centers operating in Massachusetts. The new regulation establishes rates of payment for three
services: routine obstetrical services for the pregnant woman including labor and delivery; initial
care of the normal newborn infant, including evaluation and management; and interim labor
pre-partum services where delivery occurs at another facility, based on individual consideration
where complications require transfer to a hospital. The Division adopted the amendments as
emergency amendments effective October 5, 2011.
The Division is proposing this regulation to comply with federal law, and toensure that payments
are reasonable and adequate to meet the costs which must be incurred by efficiently and
economically operated facilities. It is estimated that annual aggregate MassHealth expenditures
will not change as a result of these amendments. There is no fiscal impact on cities and towns.
The amendments do not impose new costs on small businesses.
Individuals that notify the Division of their intent to testify at the hearing will be afforded an
earlier opportunity to speak. Speakers may notify the Division of their intention to testify at the
hearing by registering online atwww.mass.gov\dhcfp\regulations. Individuals may also submit
written testimony byemailingHCF-Regulations(d)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 and address.
Individuals who are unable to submit testimony by email should mail written testimony to the
Division of Health Care Finance and Policy, Two Boylston Street, Boston, MA 02116-4704.
Written testimony must be submitted by 5 p.m. Monday, November 21,2011. Copies of the
regulation are available for inspection and/or purchase at the Division of Health Care Finance and
THE MASSACHUSETTS REGISTER 1173 - 1193
The cumulative Table lists all regulations and amendments thereto published in the Massachusetts Register during the current year. The Table is published in each Register.
State agencies are listed in the Table as they appear in the Code of Massachusetts Regulations (CMR or Code) in CMR numerical order which is based on the cabinet structure. For example, all Human Service agencies are prefaced by the number “1" and are designated as 101 CMR through 130 CMR.
The Cumulative Tables published in the last issue of previous years will have a listing of all regulations published for that year. These Registers are:
April 6, 1976 - 1977 Register: # 88 Date: 1994 Register: #755
1978 138 1995 871 1979 193 1996 Supp. # 2 807 1980 241 1997 833 1981 292 1998 859 1982 344 1999 885 1983 396 2000 911 1984 448 2001 937 1985 500 2002 963 1986 546 2003 989 1987 572 2004 1016 1988 598 2005 1042 1989 624 2006 1068 1990 650 2007 1094 1991 676 2008 1120 1992 702 2009 1146 1993 729 2010 1172 Effective Issue Date
104 CMR Department of Mental Health
33.00 Designation and Appointment of Qualified Mental Health
Professionals - Emergency Re-file (MA Reg. # 1171) . . . 1176 11/19/10 - Compliance (MA Reg. # 1171) . . . 1178 11/19/10 . . . 1187 7/22/11
105 CMR Department of Public Health
128.000 Health Insurance Consumer Protection - Emergency . . . 1192 9/15/11 129.000 Health Insurance Open Enrollment Waivers . . . 1177 3/4/11 201.000 Head Injuries and Concussions in Extra Curricular Athletic Activities 1185 6/24/11 215.000 Standards for School Wellness Committees . . . 1188 8/5/11 225.000 Nutrition Standards for Competitive Foods and Beverages in
Public Schools . . . 1188 8/5/11 300.000 Reportable Diseases, Surveillance, and Isolation and Quarantine
Requirements . . . 1186 7/8/11 532.000 Inspection of Poultry and Poultry Products . . . 1183 5/27/11 - Correction (MA Reg. # 1183) . . . 1189 5/27/11 590.000 State Sanitary Code Chapter X: Minimum Sanitation Standards for
Food Establishments - Correction (MA Reg. # 1166) . . . 1174 10/1/10 650.000 Hazardous Substances . . . 1173 1/7/11 700.000 Implementation of M.G.L. c. 94C . . . 1190 9/2/11 721.000 Standards for Prescription Format and Security in Massachusetts . . . 1190 9/2/11
106 CMR Department of Transitional Assistance
204.000 Transitional Aid to Families with Dependent Children:
Financial Eligibility - Emergency . . . 1177 7/1/10 - Compliance (MA Reg. # 1177) . . . 1179 7/1/10 - Emergency . . . 1185 12/17/10 - Compliance (MA Reg. # 1185) . . . 1189 12/17/10 321.000 Emergency Aid to the Elderly, Disabled and Children:
Financial Eligibility - Emergency . . . 1177 7/1/10 - Compliance (MA Reg, # 1177) . . . 1179 7/1/10 363.000 Supplemental Nutrition Assistance Program: Financial Eligibility
Standards - Emergency . . . 1185 12/17/10 - Compliance (MA Reg. # 1185) . . . 1189 12/17/10 705.000 Transitional Cash Assistance Programs: Related Benefits
- Emergency . . . 1177 7/1/10 - Compliance (MA Reg. # 1177) . . . 1179 7/1/10
110 CMR Department of Children and Families
7.000 Services . . . 1192 9/30/11
114 CMR Division of Health Care Finance and Policy 114.1
29.00 Rate and Charge Determination for Certain Intermediate Care
Facilities Operated by the Department of Developmental Services . . 1190 7/1/11 42.00 Hospital Financial Reports . . . 1178 2/15/11
114.2
114.3
14.00 Dental Services - Emergency . . . 1174 1/22/11 - Compliance (MA Reg. # 1174) . . . 1179 1/22/11 16.00 Surgery and Anesthesia - Compliance (MA Reg. # 1172) . . . 1178 1/1/11 17.00 Medicine - Compliance (MA Reg. # 1172) . . . 1178 1/1/11 18.00 Radiology - Compliance (MA Reg. # 1172) . . . 1177 1/1/11 39.00 Rehabilitation Center Services: Audiological Services: Restorative
Services - Emergency . . . 1184 6/1/11 - Compliance (MA Reg. # 1184) . . . 1190 6/1/11 43.00 Hospice Services - Emergency . . . 1184 10/1/10 . . . 1190 10/2/10 - Correction (MA Reg. # 1190) . . . 1191 10/2/10 45.00 Temporary Nursing Services . . . 1193 10/1/11 46.00 Rates for Certain Substance Abuse Programs . . . 1189 7/1/11 55.00 Freestanding Birth Center Services - Emergency . . . 1193 10/5/11
114.4
14.00 Rates for Family Stabilization Services . . . 1185 7/1/11
114.5
20.00 Pediatric Immunization Program Assessment - Emergency . . . 1174 2/1/11 - Compliance (MA Reg. # 1174) . . . 1179 2/1/11 23.00 Payer Reporting of Total Medical Expenses and Relative Prices . . . . 1178 3/18/11 . . . 1180 4/1/11
114.6
13.00 Health Safety Net Eligible Services . . . 1177 2/1/11 - Emergency . . . 1193 10/1/11 14.00 Health Safety Net Payments and Funding . . . 1177 2/1/11 - Emergency . . . 1193 10/1/11
115 CMR Department of Developmental Services
5.00 Behavior Modification . . . 1193 10/14/11
130 CMR Division of Medical Assistance
415.000 Acute Inpatient Hospital Services - Compliance (MA Reg. # 1170) . 1173 12/1/10 420.000 Dental Services - Correction (MA Reg. # 1166) . . . 1187 7/1/10 422.000 Medical Care Program: Personal Care Services . . . 1175 2/4/11 424.000 Podiatrist Services . . . 1179 4/1/11 - Correction (MA Reg. # 1179) . . . 1182 4/1/11 429.000 Mental Health Center Services . . . 1180 4/15/11 433.000 Physician Services . . . 1179 4/1/11 - Correction (MA Reg. # 1179) . . . 1182 4/1/11 436.000 Radiation Oncology Treatment Center Services . . . 1183 6/1/11 437.000 Hospice Services . . . 1179 4/1/11 - Correction (MA Reg. # 1179) . . . 1182 4/1/11 450.000 Administrative and Billing Regulations - Emergency . . . 1193 10/1/11 501.000 Health Care Reform: MassHealth: General Policies - Emergency . . . 1179 1/1/10 - Compliance (MA Reg. # 1179) . . . 1182 1/1/10 506.000 Health Care Reform: MassHealth: Financial Requirements
515.000 MassHealth: General Policies - Emergency . . . 1179 1/1/10 - Correction (MA Reg. # 1179) . . . 1182 1/1/10 - Compliance (MA Reg. # 1179) . . . 1182 1/1/10 519.000 MassHealth: Coverage Types - Emergency . . . 1177 1/1/10 - Compliance (MA Reg, # 1177) . . . 1179 1/1/10 520.000 MassHealth: Financial Eligibility - Emergency . . . 1193 10/1/11
204 CMR Alcoholic Beverages Control Commission
2.00 Regulations of the Alcoholic Beverages Control Commission
- Compliance (MA Reg. # 1171) . . . 1177 11/18/10 7.00 Special Licenses . . . 1186 7/8/11
209 CMR Division of Banks and Loan Agencies
55.00 Reverse Mortgage Loans . . . 1193 10/14/11
211 CMR Division of Insurance
41.00 Nongroup Health Insurance Rate and Policy Form Filings, Review,
and Hearing Procedures under M.G.L. C. 176M . . . 1183 5/27/11 66.00 Small Group Health Insurance . . . 1179 4/1/11 148.00 Registration and Reporting Requirements for Third-Party
Administrators . . . 1183 5/27/11 149.00 Annual Comprehensive Financial Statements Pursuant to
M.G.L. c. 176O, § 21 . . . 1183 5/27/11 150.00 Standards and Commissioner's Authority for Placing Companies
Deemed to be in Hazardous Financial Condition Under Administrative
Supervision . . . 1179 4/1/11 151.00 Certified Group Purchasing Cooperatives . . . 1183 5/27/11 152.00 Health Benefit Plans Using Limited, Regional or Tiered Provider
Networks . . . 1183 5/27/11
220 CMR Department of Public Utilities
151.00 Rail Fixed Guideway System: System Safety/Security Program
Standard . . . 1189 8/19/11
225 CMR Department of Energy Resources
14.00 Renewal Energy Portfolio Standard - Class 1 . . . 1173 1/7/11
234 CMR Board of Registration in Dentistry
6.00 Administration of Anesthesia and Sedation - Emergency . . . 1173 12/20/10
244 CMR Board of Registration in Nursing
4.00 The Practice of Nursing in the Expanded Role . . . 1190 9/2/11 - Correction (MA Reg. # 1190) . . . 1193 9/2/11
250 CMR Board of Registration of Professional Engineers and Land Surveyors
301 CMR Executive Office of Energy and Environmental Affairs
14.00 Conservation Land Tax Credit . . . 1191 9/16/11
310 CMR Department of Environmental Protection
7.00 Air Pollution Control - Correction (MA Reg. # 923) . . . 1186 6/8/01 - Correction (MA Reg. # 930) . . . 1186 9/14/01 - Correction (MA Reg. # 1035) . . . 1186 9/23/05 - Correction (MA Reg. # 1039) . . . 1186 11/18/05 - Correction (MA Reg. # 1094) . . . 1186 12/28/07 - Correction (MA Reg. # 1120) . . . 1186 12/26/08 - Correction (MA Reg. # 1135) . . . 1186 7/24/09 - Emergency Re-file (MA Reg. # 1172) . . . 1178 12/3/10 . . . 1178 3/18/11 9.00 Waterways - Emergency . . . 1191 8/28/11 10.00 Wetlands Protection - Emergency . . . 1191 8/28/11 12.00 Adopting Wetland Coastal Orders - Emergency . . . 1191 8/28/11 13.00 Adopting Wetland Orders - Emergency . . . 1191 8/28/11 80.00 Underground Storage Tank (UST) Operator Training - Emergency . . 1184 5/16/11 - Emergency Re-file (MA Reg. # 1184) . . . 1189 5/16/11
321 CMR Division of Fisheries and Wildlife
3.00 Hunting . . . 1187 7/22/11 . . . 1191 9/16/11
322 CMR Division of Marine Fisheries
6.00 Regulation of Catches . . . 1175 2/4/11 - Emergency . . . 1181 4/15/11 - Compliance (MA Reg. # 1181) . . . 1186 4/15/11 - Emergency . . . 1182 4/21/11 - Compliance (MA Reg. # 1182) . . . 1186 4/21/11 . . . 1191 9/16/11 7.00 Permits . . . 1175 2/4/11 . . . 1191 9/16/11 8.00 Coastal Fisheries Conservation and Management - Emergency . . . 1182 4/21/11 . . . 1186 7/8/11
323 CMR Office of Law Enforcement
3.00 The Use of Recreation Vehicles and Snow Vehicles - Emergency . . . 1180 3/25/11 - Correction (MA Reg. # 1180) . . . 1182 3/25/11 . . . 1185 6/24/11 - Correction (MA Reg. # 1185) . . . 1186 6/24/11
400 CMR Executive Office of Economic Development
430 CMR Division of Unemployment Assistance
4.00 Benefit Series . . . 1174 1/5/11 - Emergency Re-file (MA Reg. # 1174) . . . 1180 1/5/11 - Emergency Re-file (MA Reg. # 1174) . . . 1186 1/5/11
453 CMR Department of Labor and Workforce Development
7.00 Apprentice Training . . . 1177 3/4/11
520 CMR Department of Public Safety
5.00 Amusement Devices - Emergency . . . 1177 2/11/11 . . . 1182 5/13/11
521 CMR Architectural Access Board
3.00 Jurisdiction - Emergency . . . 1188 7/19/11
524 CMR Board of Elevator Regulations
8.00 Practical Tests and Inspections
- Emergency Re-file (MA Reg. # 1172) . . . 1179 12/9/10
527 CMR Board of Fire Prevention Regulations
2.00 The Manufacturing, Storage, Transportation and Use of Fireworks . . 1177 3/4/11 9.00 Tanks and Containers - Emergency . . . 1189 7/29/11 10.00 Fire Prevention, General Provisions
- Emergency Re-file (MA Reg. # 1166) . . . 1173 9/14/10 - Emergency . . . 1177 2/9/11 - Compliance (MA Reg. # 1177) . . . 1183 2/9/11 - Emergency . . . 1179 3/15/11 - Compliance (MA Reg. # 1177) . . . 1183 3/15/11 30.00 Unvented Propane or Natural Gas-fired Space Heaters . . . 1188 8/5/11
560 CMR State 911 Department
2.00 Standards for Enhanced 911 . . . 1185 6/24/11 5.00 Establishing Certification Requirements for Enhanced 911
Telecommunicators, Governing Emergency Medical Dispatch, and
Establishing 911 Call Handling Procedures . . . 1185 6/24/11
603 CMR Department of Elementary and Secondary Education
7.00 Educator Licensure and Preparation Program Approval . . . 1183 5/27/11 - Correction (MA Reg. # 1183) . . . 1186 5/27/11 28.00 Special Education . . . 1183 5/27/11 35.00 Evaluation of Educators . . . 1187 7/22/11
610 CMR Board of Higher Education
2.00 Degree Granting Regulations for Independent Institutions of
760 CMR Department of Housing and Community Development
5.00 Eligibility and Selection Criteria - Compliance (MA Reg. # 1171) . . 1176 11/23/10 - Emergency . . . 1192 9/16/11 54.00 State Low Income Housing Tax Credit - Emergency . . . 1187 7/6/11 . . . 1192 9/30/11 58.00 Urban Center Housing Tax Increment Financing (UCH-TIF) Program 1192 9/30/11 65.00 The Massachusetts Short-term Housing Transition Program
- Emergency . . . 1189 7/28/11
780 CMR State Board of Building Regulation and Standards
1.00 Administration - Seventh Edition . . . 1175 2/4/11 2.00 Definitions - Seventh Edition . . . 1175 2/4/11 3.00 Use and Occupancy Classification - Seventh Edition . . . 1175 2/4/11 4.00 Special Detailed Requirements Based on Use and Occupancy
- Seventh Edition . . . 1175 2/4/11 - Eighth Edition . . . 1173 1/7/11 5.00 General Building Heights and Areas - Seventh Edition . . . 1175 2/4/11 6.00 Types of Construction - Seventh Edition . . . 1175 2/4/11 7.00 Fire-Resistance-Rated Construction - Seventh Edition . . . 1175 2/4/11 8.00 Interior Finishes - Seventh Edition . . . 1175 2/4/11 9.00 Fire Protection Systems - Seventh Edition . . . 1175 2/4/11 - Eighth Edition . . . 1175 2/4/11 - Emergency Re-file (MA Reg. # 1171) . . . 1177 11/19/10 - Emergency Re-file (MA Reg. # 1171) . . . 1183 11/19/10 - Emergency Re-file (MA Reg. # 1171) . . . 1190 11/19/10 10.00 Means of Egress - Seventh Edition . . . 1175 2/4/11 11.00 Accessibility - Seventh Edition . . . 1175 2/4/11 12.00 Interior Environment - Seventh Edition . . . 1175 2/4/11 13.00 Energy Efficiency - Seventh Edition . . . 1175 2/4/11 14.00 Exterior Walls - Seventh Edition . . . 1175 2/4/11 15.00 Roof Assemblies and Rooftop Structures - Seventh Edition . . . 1175 2/4/11 16.00 Structural Design - Seventh Edition . . . 1175 2/4/11 17.00 Structural Tests and Special Inspections - Seventh Edition . . . 1175 2/4/11 18.00 Soils and Foundations - Seventh Edition . . . 1175 2/4/11 19.00 Concrete - Seventh Edition . . . 1175 2/4/11 20.00 Aluminum - Seventh Edition . . . 1175 2/4/11 21.00 Masonry - Seventh Edition . . . 1175 2/4/11 22.00 Steel - Seventh Edition . . . 1175 2/4/11 23.00 Wood - Seventh Edition . . . 1175 2/4/11 24.00 Glass and Glazing - Seventh Edition . . . 1175 2/4/11 25.00 Gypsum Board and Plaster - Seventh Edition . . . 1175 2/4/11 26.00 Plastic - Seventh Edition . . . 1175 2/4/11 27.00 Electrical - Seventh Edition . . . 1175 2/4/11 28.00 Mechanical Systems - Seventh Edition . . . 1175 2/4/11 29.00 Plumbing Systems - Seventh Edition . . . 1175 2/4/11
30.00 Elevator and Conveying Systems - Eighth Edition . . . 1173 1/7/11 - Seventh Edition . . . 1175 2/4/11 31.00 Special Construction - Seventh Edition . . . 1175 2/4/11
Eighth Edition . . . 1175 2/4/11 32.00 Encroachment into the Public Right-of-way - Seventh Edition . . . 1175 2/4/11 33.00 Safeguards During Construction - Seventh Edition . . . 1175 2/4/11 34.00 Existing Structures - Seventh Edition . . . 1175 2/4/11 51.00 Massachusetts Residential Code - Eighth Edition . . . 1175 2/4/11 - Seventh Edition . . . 1190 9/2/11 52.00 Definitions - Seventh Edition . . . 1190 9/2/11 53.00 Fire Protection Systems - Seventh Edition Re-file (MA Reg. # 1171) 1177 11/19/10 - Emergency Re-file (MA Reg. # 1171) . . . 1183 11/19/10 - Seventh Edition . . . 1190 9/2/11 54.00 Foundations - Seventh Edition . . . 1190 9/2/11 55.00 Floors - Seventh Edition . . . 1190 9/2/11 56.00 Wall Construction - Seventh Edition . . . 1190 9/2/11 57.00 Wall Covering - Seventh Edition . . . 1176 2/1/11 - Seventh Edition . . . 1190 9/2/11 58.00 Roof-ceiling Construction - Seventh Edition . . . 1190 9/2/11 59.00 Roof Assemblies - Seventh Edition . . . 1190 9/2/11 60.00 Chimneys, Fireplaces and Solid Fuel-burning Appliances
- Seventh Edition . . . 1190 9/2/11 61.00 Energy Efficiency - Seventh Edition . . . 1190 9/2/11 62.00 Mechanical Administration - Seventh Edition . . . 1190 9/2/11 63.00 General Mechanical System Requirements - Seventh Edition . . . 1190 9/2/11 64.00 Heating and Cooling Equipment - Seventh Edition . . . 1190 9/2/11 65.00 Exhaust Systems - Seventh Edition . . . 1190 9/2/11 66.00 Duct Systems - Seventh Edition . . . 1190 9/2/11 67.00 Combustion Air - Seventh Edition . . . 1190 9/2/11 68.00 Chimneys and Vents - Seventh Edition . . . 1190 9/2/11 69.00 Special Fuel-burning Equipment - Seventh Edition . . . 1190 9/2/11 70.00 Boilers and Water Heaters - Seventh Edition . . . 1190 9/2/11 71.00 Hydronic Piping - Seventh Edition . . . 1190 9/2/11 72.00 Special Piping and Storage Systems - Seventh Edition . . . 1190 9/2/11 73.00 Solar Systems - Seventh Edition . . . 1190 9/2/11 74.00 Fuel Gas - Seventh Edition . . . 1190 9/2/11 75.00 Plumbing Administration - Seventh Edition . . . 1190 9/2/11 76.00 General Plumbing Requirements - Seventh Edition . . . 1190 9/2/11 77.00 Plumbing Fixtures - Seventh Edition . . . 1190 9/2/11 78.00 Water Heaters - Seventh Edition . . . 1190 9/2/11 79.00 Water Supply and Distribution - Seventh Edition . . . 1190 9/2/11 80.00 Sanitary Drainage - Seventh Edition . . . 1190 9/2/11 81.00 Vents - Seventh Edition . . . 1190 9/2/11 82.00 Traps - Seventh Edition . . . 1190 9/2/11 83.00 General Requirements - Seventh Edition . . . 1190 9/2/11 84.00 Electrical Definitions - Seventh Edition . . . 1190 9/2/11 85.00 Services - Seventh Edition . . . 1190 9/2/11 86.00 Branch Circuit and Feeder Requirements - Seventh Edition . . . 1190 9/2/11
87.00 Wiring Methods - Seventh Edition . . . 1190 9/2/11 88.00 Power and Lighting Distribution - Seventh Edition . . . 1190 9/2/11 89.00 Devices and Luminaires - Seventh Edition . . . 1190 9/2/11 90.00 Appliance Installation - Seventh Edition . . . 1190 9/2/11 91.00 Swimming Pools (Electrical Requirements) - Seventh Edition . . . 1190 9/2/11 92.00 Class 2 Remote-control, Signaling and Power-limited Circuits
- Seventh Edition . . . 1190 9/2/11 93.00 Repair, Renovation, Alteration, Addition, Demolition and Change of
Use of Existing One-and Two-family Dwellings - Seventh Edition . . 1190 9/2/11 100.00 Referenced Standards - Seventh Edition . . . 1190 9/2/11 110.00 Special Regulations - Seventh Edition . . . 1190 9/2/11 120.00 Appendices (X) - Seventh Edition . . . 1175 2/4/11 120.00 Appendices - Seventh Edition . . . 1190 9/2/11
801 CMR Executive Office for Administration and Finance
4.00 Rates . . . 1175 2/4/11 . . . 1176 2/18/11 . . . 1187 7/22/11 . . . 1187 7/22/11 - Correction (MA Reg. # 1187) . . . 1189 7/22/11 52.00 Municipal Health Insurance - Emergency . . . 1190 8/12/11 53.00 Accountability and Transparency for State Authorities - Emergency . 1188 7/22/11
805 CMR Group Insurance Commission
8.00 Municipal Health Coverage - Emergency . . . 1190 8/10/11
807 CMR Teachers’ Retirement Board
2.00 Rules of Election . . . 1189 8/19/11
840 CMR Public Employee Retirement Administration
3.00 Internal Revenue Code Compliance Provisions . . . 1175 2/4/11
940 CMR Office of the Attorney General
30.00 Illegal Lotteries, Sweepstakes and De Facto Gambling
Establishments - Emergency . . . 1181 4/7/11 . . . 1185 6/24/11
941 CMR State Board of Retirement
2.00 Administrative Regulations . . . 1189 8/19/11
950 CMR Office of the Secretary of the Commonwealth
12.00 Registration of Broker-dealer, Agents, Investment Adviser, Investment Adviser Representatives and Notice Filing Procedures
for Federal Covered Advisers . . . 1189 8/19/11 14.00 General Provisions . . . 1189 8/19/11
52.00 Voting and Counting Procedures for Paper Ballots - Emergency . . . . 1182 4/20/11 - Compliance (MA Reg. # 1182) . . . 1186 4/20/11 54.00 Voting and Counting Procedures for Electronic Voting Systems
- Emergency . . . 1182 4/20/11 - Compliance (MA Reg. # 1182) . . . 1186 4/20/11
956 CMR Commonwealth Health Insurance Connector Authority
3.00 Eligibility and Hearing Process for Commonwealth Care . . . 1181 4/29/11
956 CMR Commonwealth Health Insurance Connector Authority
3.00 Eligibility and Hearing Process for Commonwealth Care
- Correction (MA Reg. # 1181) . . . 1192 4/29/11
962 CMR Massachusetts Cultural Council
2.00 Local and Regional Cultural Council Operations and Procedures . . . 1185 6/24/11
965 CMR Department of the State Auditor
3.00 Safeguard of Personal Information . . . 1190 9/2/11
980 CMR Energy Facilities Siting Board
CHAPTER NUMBER: CHAPTER TITLE: AGENCY:
THIS REGULATION WAS ORIGINALLY ADOPTED AS AN EMERGENCY:
Published in Massachusetts Register Num
NOTICE OF EXPIRATION OF EMERGENCY REGULATION
Date:
THE COMMONWEALTH OF MASSACHUSETTS
Office of the Secretary of the Commonwealth
EFFECTIVE:
Division of Unemployment Assistance
06/24/2011
07/08/2011 1186
09/24/2011
There having been no action by the agency in compliance with the public review provisions of M.G.L. c. 30A, section 2 or 3 during the three months after this regulation was filed with the State Secretary, this emergency is deemed to have expired and is removed from all current records of the Code of Massachusetts Regulations. Emergency expired effective:
430 CMR 4.00 Benefit Series
Regulation Filing
To be completed by filing agencyCHAPTER NUMBER: CHAPTER TITLE: AGENCY:
SUMMARY OF REGULATION: State the general requirements and purposes of this regulation.
REGULATORY AUTHORITY:
AGENCY CONTACT: PHONE:
ADDRESS:
Compliance with M.G.L. c. 30A
EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.
PRIOR NOTIFICATION AND/OR APPROVAL - If prior notification to and/or approval of the Governor, Legislature or others was required, list each notification, and/or approval and date, including notice to the Local Government Advisory Commission.
PUBLIC REVIEW - M.G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period, including a small business impact statement, be filed with the Secretary of the Commonwealth, published in appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to such hearing or comment period.
THE COMMONWEALTH OF MASSACHUSETTS
William Francis Galvin Secretary of the Commonwealth
Division of 114.3 CMR Health Care Finance and Policy 114.3 CMR 55.00
Freestanding Birth Center Services
114.3 CMR 55.00 governs payments to freestanding birth centers. It is a new regulation effective for services rendered on and after October 5, 2011.
M.G.L. c. 118G
Nancy Panaro, General Counsel (617) 988-3128
Two Boylston Street, Boston, MA 02116
The Division has specifically found that emergency adoption is necessary to make this regulation effective October 5, 2011, in order to comply with Section 2301 of the federal Patient Protection and Affordable Care Act.
For the first five years: No fiscal effect:
SMALL BUSINESS IMPACT - M.G.L. c. 30A section 5 requires each agency to file an amended small business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed regulation. If the purpose of this regulation is to set rates for the state, this section does not apply.
CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:
PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Code of Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number:
ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation
SIGNATURE: DATE:
Publication - To be completed by the Regulations Division
MASSACHUSETTS REGISTER NUMBER: DATE:
EFFECTIVE DATE:
CODE OF MASSACHUSETTS REGULATIONS
Remove these pages: Insert these pages:
SIGNATURE ON FILE
adopted by this agency. ATTEST:
1193 10/14/2011
09/30/2011 mrs
10/05/2011
Sep 30 2011 There is no fiscal effect.
N/A
Freestanding Birth Centers
Adopts 114.3 CMR 55.00
This is an Emergency Regulation.
There are no Replacement Pages.
114.3 CMR 55.00: FREESTANDING BIRTH CENTER SERVICES Section
55.01: General Provisions 55.02: Definitions
55.03: General Rate Provisions and Payment 55.04: Reporting Requirements
55.05: Severability 55.01: General Provisions
(1) Scope, Purpose and Effective Date. 114.3 CMR 55.00 governs the rates of payment to eligible freestanding birth centers to be used by all Governmental Units for services provided to Publicly-aided Individuals. 114.3 CMR 55.00 shall be effective October 5, 2011.
(2) Coverage. 114.3 CMR 55.00 and the rates of payment contained in 114.3 CMR 55.00 are full compensation for the Facility Component of services furnished in connection with prenatal, labor, delivery, newborn nursery and postpartum care for low risk births that can be performed safely in a freestanding birth center under the scope of covered services and that meet the conditions for payment for such services by the governmental purchaser. Payment from any other sources shall be used to offset the amount of the purchasing Governmental Unit's obligation for services rendered to the Publicly-aided Individuals. 114.3 CMR 55.00 does not cover professional services billed separately from the birth center facility fee by either the facility or by the clinical staff.
(3) Disclaimer of Authorization of Services. 114.3 CMR 55.00 is not authorization for or approval of the procedures for which rates are determined pursuant to 114.3 CMR 55.00. Governmental Units that purchase care are responsible for the definition, authorization, and approval of care and services extended to Publicly-aided Individuals.
(4) Coding Updates and Corrections. The Division may publish procedure code updates and corrections in the form of an Administrative Bulletin. Updates may reference coding systems including but not limited to the American Medical Association's Current Procedural Terminology (CPT). The publication of such updates and corrections will list:
(a) codes for which only the code numbers change, with the corresponding cross references between existing and new codes;
(b) codes for which the code number remains the same but the description has changed; (c) deleted codes for which there are no corresponding new codes; and
(d) codes for entirely new services that require pricing. The Division will list these codes and apply individual consideration (I.C.) payment for these codes until appropriate rates can be developed.
(5) Administrative Bulletins. The Division may issue administrative bulletins to clarify its policy on and understanding of substantive provisions of 114.3 CMR 55.00.
(6) Authority. 114.3 CMR 55.00 is adopted pursuant to M.G.L. c. 118G. 55.02: Definitions
Meaning of Terms. The descriptions and five-digit codes included in 114.3 CMR 55.00 utilize the Healthcare Common Procedure Code System (HCPCS) for Level I and Level II coding. Level 1 CPT-4 codes are obtained from the Physicians' Current Procedural
Terminology© 2011 by the American Medical Association, unless otherwise specified. Level
II codes are obtained from 2011 HCPCS maintained jointly by the Centers for Medicare and Medicaid Services (CMS), the Blue Cross and Blue Shield Association, and the Health Insurance Association of America. HCPCS is a listing of descriptive terms and identifying codes and modifiers for reporting medical services and procedures performed by physicians and other healthcare professionals, as well as associated non-physician services. 114.3 CMR 55.00 includes only HCPCS numeric and alpha-numeric identifying codes and modifiers for reporting medical services and procedures that were selected by the Division. Any use of CPT outside the fee schedule should refer to the Physicians' Current Procedural Terminology© 2011.
55.02: continued
In addition, terms used in 114.3 CMR 55.00 shall have the meanings set forth in 114.3 CMR 55.02.
Certified Nurse-midwife (CNM). A registered professional nurse who has completed a program of study and clinical experience for nurse midwives, and is authorized by the Board of Registration in Nursing to practice as a nurse midwife, whose eligibility is limited to those procedures specified by the government unit purchasing such services, and who also meets such conditions of participation as may have been or may be adopted by a government unit.
Clinical Staff. The physician, certified nurse-midwife, nurse practitioner, registered nurse, licensed practical nurse and other licensed health care practitioners appointed by the governing authority to practice within the birthing center and governed by rules approved by the governing body.
Division. The Division of Health Care Finance and Policy established under M.G.L. c.118G. Facility Component. Rate of payment for a freestanding birth center's Facility Component costs. The Facility Component does not include payment for physician, certified nurse-midwife or nurse practitioner services in performing a procedure or service. The Facility Component does include payment for the services of other clinical staff, e.g., registered nurses and licensed practical nurses. The Facility Component also includes payment for the component of a service or procedure representing the cost of rent, equipment, utilities, supplies, drugs and biologicals, clinical laboratory services, administrative and technical salaries and benefits, all related administrative or supervisory duties performed in connection with the provision of the service or procedure, and all other overhead expenses of the service or procedure.
Freestanding. Existing independently or physically separated from another health care facility and administered by separate staff with separate records.
Freestanding Birth Center (FBC). A health facility not operated under a hospital license that is licensed by DPH as a birth center, pursuant to 105 CMR 142.000: Operation and Maintenance
of Birth Centers.
Governmental Unit. The Commonwealth of Massachusetts or any of its departments, agencies, boards, commissions or political subdivisions.
Individual Consideration (I.C.). Freestanding facility services which are authorized but not listed in 114.3 CMR 55.00, and FBC services performed in unusual circumstances and services whose fees are designated by the letters "I.C." are individually considered items. The Governmental Unit or purchaser shall analyze the Eligible Provider's operative report which shall contain a diagnosis, a pertinent medical history, a description of the services rendered and the length of time spent with the patient. In making the determination of whether the service is appropriately classified as an individually considered item the following criteria shall be used:
(a) policies, procedures and practices of other third party purchasers of care, both govern-mental and private;
(b) the severity and complexity of the patient's disorder or disability; (c) prevailing provider ethics and accepted practice;
(d) time, degree of skill, and cost including equipment cost required to perform the procedure(s).
Modifiers. Listed services may be modified under certain circumstances. When applicable, the modifying circumstances should be identified by the addition of the appropriate two digit number or letters.
Publicly-aided Individual. A person who receives health care and services for which a Governmental Unit is in whole or in part liable under a statutory program of public assistance.
55.03: General Rate Provisions and Payment
(1) Rate Determination. Rates of payment for the Facility Component of authorized freestanding birth center facility services to which 114.3 CMR 55.00 applies shall be the lower of:
(a) the Eligible Provider's usual charge to the general public, or (b) the schedule of allowable rates set forth in 114.3 CMR 55.03(5).
(2) Individual Consideration and Non-listed Procedures. Rates of payment for freestanding birth center services which are authorized but not listed herein; services performed in unusual circumstances; and services whose fees are designated by the letters "I.C." shall be determined on an Individual Consideration basis.
(3) Terminated Procedures. The purchaser shall determine payment on an individual consideration (I.C.) basis for any procedure that has been terminated after the procedure has been initiated.
(4) Services and Payments Covered Under Other Regulations. Rules and
