REGULATORY ACTIVITY:

• Notice is hereby given pursuant to M.G.L. c. 30A,  §2, that the Executive  Office of Labor and Workforce Development,  in  conjunction with the  Department  of Labor Standards  (DLS), will hold  a public hearing on the adoption of a new regulation,  454 CMR  30.00.  Recently enacted   legislation  (M.G.L.  c.   149,  sec.s   192-203)  requires  that   businesses  providing professional  employer services for  client companies,  commonly  known  as professional employer organizations or PEOs, to register with the DLS and it requires DLS to promulgate regulations  to establish the process, fee,  and incidentals  of registration.  This regulation will insure that PEOs providing outsourced human resource tasks will be adequately financed, bonded, inspected and in compliance with the new statutory requirements.  The regulation establishes an annual registration fee of $500 for PEOs and requires that they maintain their business records and submit to inspections by DLS.  To view the notice, go to http://www.sec.state.ma.us/spr/sprpub/pubhear.htm.

REGULATORY ACTIVITY:

• The Executive Office of Health and Human Services, pursuant to 114.1 CMR 41.05(4), issued a bulletin to publish the updated Health Safety Net Uniform Assessment for hospital outpatient workers’ compensation charges.  The revised percentage change from 0.73% to 0.69% will be effective for services rendered on or after October 1, 2018 and may be added to acute hospital charges in accordance with 114.1 CMR 41.04(1)(d). This percentage is applied to acute care hospital charges when the payment for the industrial accident patient is based on the ambulatory fees set forth in 114.3 CMR 40.00:  Rates for Services Under M.G.L. c. 152, Worker’s Compensation Act. This percentage includes hospital rates for restorative services and ambulatory surgical facility group fees.  To view the bulletin, go to   https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.
• Issued Circular Letter No. 353 regarding cost of living adjustments (COLA) Payment and Reimbursement Schedules and Requests; Maximum and Minimum Weekly Compensation Rates and Attorneys' Fee Schedule.  The circular was issued October 9, 2018 but became effective October 1, 2018.  To view the circular letter, go to https://www.mass.gov/news/circular-letter-number-353.
• The Worcester Massachusetts Department of Industrial Accidents (DIA) is seeking applications from qualified candidates for the position of Administrative Judge (AJ). Application & instructions can be found on the DIA's website at mass.gov/dia, or by emailing: Melissa.Crosby@massmail.state.ma.us NO phone calls please.

REGULATORY ACTIVITY:

• Issued an update to Bulletin 18-6 101 CMR 314.00: Dental Services Effective January 1, 2018- updated August 24, 2018. Under the authority of 101 CMR 314.01(5) and (6), the Executive Office of Health and Human Services (EOHHS) has added 18 codes, deleted three codes, cross-walked three codes, and revised 16 procedure code descriptions, as specified in the Current Dental Terminology (CDT) 2018 set by the American Dental Association for the calendar year 2018.   The 10 new codes in this bulletin that require pricing are reimbursed at individual consideration (I.C.). Rates listed in this administrative bulletin are applicable until EOHHS issues revised rates, provided that the listed rates shall continue in effect following promulgation of 101 CMR 314.00, effective February 15, 2018. The deleted codes are no longer available for use for dates of service after December 31, 2017. There is no change in the rates for the sixteen codes with revised descriptions.  To view the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.
• Pursuant to the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, a public hearing will be held on Monday, October 15, 2018, at 10:00 a.m. in the First Floor Conference Room, 100 Hancock Street, Quincy, MA relative to the adoption of amendments to:  01 CMR 318.00:  Radiology  Proposed amendments to 101 CMR 318.00 update the payment rates used by state governmental units for the technical component (TC) of certain magnetic resonance imaging (MRI) and magnetic resonance angiography (MRA) services, as well as one computed tomography (CT) service (referred to collectively as “MRI/MRA services” or “MRI/MRA service codes”) delivered to publicly-aided individuals by eligible providers under the regulation. To view a copy of the notice, proposed rule and proposed service codes, go to https://www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.

REGULATORY ACTIVITY:

• Issued administrative bulletin 18-17 regarding 101 CMR 322.00 Durable medical equipment, oxygen, and respiratory equipment.  The bulletin is effective for services provided on or after July 19, 2018. Under the authority of 101 CMR 01(5), 322.01(6) and 322.03(16), the Executive Office of Health and Human Services (EOHHS) is issuing this bulletin to publish a rate update for certain medical supplies for Durable Medical Equipment. The following code and rate will be effective for services rendered on or after July 19, 2018.  The rate for code A7048 is $46.48 Vacuum drainage collection and tubing kit, including supplies needed for collection unit change, for use with implanted catheter, each.  To view the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.
• Pursuant to the provisions of M.G.L. c. 118E and in accordance with M.G.L. c.30A, the Executive Office of Health and Human Services (EOHHS) held a public hearing on Friday, August 17, 2018 at 2:30 p.m. in the First Floor Conference room, 100 Hancock Street, Quincy, MA relative to the adoption of: 101 CMR 334.00:  Prostheses, Prosthetic Devices, and Orthotic Devices.  The proposed regulation 101 CMR 334.00 amends and updates the payment rates for Orthotic and Prosthetic services provided to publicly aided individuals by governmental units. Amendments for 101 CMR 334.00 are proposed in accordance with M.G.L. Chapter 11 SE, sections 13C and 130, which require the Executive Office of Health and Human Services (EOHHS) to establish and periodically review the rates to be paid by governmental units for non-institutional health care services, including Orthotic and Prosthetic services provided under the Mass Health program.
• Pursuant to the provisions of M.G.L. c.  118E and in accordance with M.G.L. c.  30A, the Executive Office of Health and Human Services (EOHHS) held a public hearing on Friday, August 17, 2018, at 1:00 p.m., in the First Floor Conference Room, 100 Hancock Street, Quincy, MA relative to the adoption of: 101 CMR 347.00:  Freestanding Ambulatory Surgery Centers, and the repeal of 114.3 CMR 47.00:  Freestanding Ambulatory Surgical Facilities.  These actions are being taken in order to comply with relevant provisions of M.G.L. c. 11 BE, and with c. 224 of the Acts of 2012 which transferred authority for this regulation from the Division of Health Care Finance and Policy (DHCFP) in M.G.L. c.  118G to the Executive Office of Health and Human Services (EOHHS) in M.G.L. c. 118E.  101 CMR 347.00 will replace 114.3 CMR 47.00 as the regulation governing the rates of payment to be used by state governmental units in making payments to eligible freestanding ambulatory surgery centers (FASCs) rendered to publicly aided individuals.  EOHHS is proposing to adopt 101 CMR 347.00, with amendments from 114.3 CMR 47.00.  Proposed amendments update the payment rates for FASC services included in the regulation. The proposed rates are set at 85% of the national Medicare rates for Ambulatory Surgical Centers published in January 2018 (the "January 2018 Medicare ASC File"). Certain codes listed in the January 2018 Medicare A.SC File are identified as packaged services that receive no separate payment.  Consistent with Medicare, EOHHS is listing those codes in the fee schedule with $0 rates and specifying that codes listed with $0 rates are packaged services for which no separate payment is made.
• Issued bulletin 18-18 regarding 101 CMR 614.00 Health Safety Net Payments and funding, effective October 1, 2018.  To view the bulletin, go to   https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.

FEE SCHEDULE NEWS:

• The Division has adopted a new hospital fee schedule effective July 1, 2018. The next update is expected July 2019.

REGULATORY ACTIVITY:

• Administrative Bulletin 18-16 114.1 CMR 41.00: Rates of Payment for Services Provided to Industrial Accident Patients by Hospitals. The Executive Office of Health and Human Services (EOHHS), pursuant to 114.1 CMR 41.05(1) and (3) and in accordance with Section 123 of Chapter 224 of the Acts of 2012, is publishing the Payment on Account Factors (PAF) for acute and non-acute hospital services rendered to industrial accident patients. The PAF was computed using data from each hospital’s most recent complete fiscal year. The application of the PAF to all billed charges payable pursuant to 114.1 CMR 41.00 results in the payment of the average percentage of charges paid by the private sector to each hospital for its services. This payment calculation shall be deemed to meet the test of reasonable cost of medical services prescribed by M.G.L. c. 152, the Workers’ Compensation Act. No lesser amount shall be paid unless agreed to by the provider, insurer, and employer.  Provided below are the PAFs for acute and non-acute hospital services rendered on or after July 1, 2018. To view the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.

REGULATORY ACTIVITY:

• Issued notice of a public hearing on 105 CMR 700.00 regarding controlled substances. The proposed amendments update the regulations, which implement M.G.L.  c.  94 C, the Controlled Substances Act which sets forth consistent standards for the safety, security and storage of controlled substances; outlines the requirements for practitioners   and facilities to receive a Massachusetts Controlled Substances Registration; and manages the Prescription Monitoring Program.  The proposed amendments add provisions made necessary by legislative initiatives; create exemptions for certain low risk activities; clarify existing regulations; and create transparency regarding application for and issuance of waivers regarding these regulations.  To view the notice, go to http://www.sec.state.ma.us/spr/sprpub/pubhear.htm.

REGULATORY ACTIVITY:

• Published instructions regarding becoming an opioid care coordinator.  To view the instructions, go to https://www.mass.gov/service-details/opioid-care-coordinators-for-the-opioid-alternative-treatment-pathway-oatp.

REGULATORY ACTIVITY:

• The Executive Office of Health and Human Services and the Department of Industrial Accidents held a listening session to hear comments from the public regarding rates of payment for workers’ compensation claims pursuant to M.G.L. c. 152, §13(1), and related regulations. This listening session was held to gather information from interested parties to help inform the Executive Office of Health and Human Services in its determination of rates of payment for workers’ compensation claims in accordance with M.G.L. c. 118E, §13D. The agencies were seeking information from medical providers, insurers, claimants, and other interested stakeholders regarding the workers’ compensation rates and how they affect workers’ compensation coverage, consumer access, and quality of care. Additionally, the agencies provided general information regarding the rate review and regulatory promulgation process. The listening session took place in the conference room #3 at 1 Ashburton Place, 21st floor, Boston, MA, on Wednesday, April 11, 2018, from 1:00 p.m. to 3:00 p.m.
• Published Administrative Bulletin 18-12 regarding 101 CMR 334.00 Prostheses, Prosthetic Devices and Orthotic Devices; HCPCS Updates and Corrections.  To view a copy of the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.
• The Executive Office of Health and Human Services (EOHHS) and the Department of Industrial Accidents (DIA) have initiated a review of the reimbursement rates for treatment of work-related injuries and claims pursuant to G.L. c. 152, § 13(1), and related regulations. The rates will be reviewed and established in accordance with M.G.L. c. 118E, § 13D.
• Issued Administrative Bulletin 18-15 regarding CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment; Rate Updates for Certain Absorbent Products Subject to a Preferred Supplier Agreement. The rates in this bulletin became effective April 15, 2018.  Under the authority of 101 CMR 322.00, the Executive Office of Health and Human Services (EOHHS) is issuing this bulletin to establish differential rates for certain products. Specifically, pursuant to 101 CMR 322.01(6)(b), EOHHS has the authority to establish differential rates via Administrative Bulletin for durable medical equipment or medical supplies subject to a preferred supplier agreement or agreements between a manufacturer and a governmental unit or units.  To view the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.

REGULATORY ACTIVITY:

• Has posted notice of intent to adopt amendments to 130 CMR 405.000 Community Health Centers and 130 CMR Chiropractic Services.  To view the notice, go to  http://www.sec.state.ma.us/spr/sprpub/030918c.pdf.

The proposed amendments to 130 CMR 405.000 allow Community Health Centers to provide chiropractor services on site or by referral. The proposed amendments to 130 CMR 441.000 allow chiropractor services to occur in CHCs, instead of only a chiropractor's office. The proposed amendments align terminology and practice protocol with industry standards.  In addition, 130 CMR 441.000 is being amended to permit more than 20 office visits or chiropractic manipulative treatments per calendar year, or any combination of office visits and chiropractic manipulative treatments, exceeding a total of 20 per calendar year, with prior authorization for all visits or treatments more than 20 in the calendar year.  To view a copy of the proposed rules, go to https://www.mass.gov/service-details

/masshealth-proposed-regulations-and-public-notices.

• Published emergency adoption of Dental Services Regulation.  To view the notice and adopted rule, go to https://www.mass.gov/service-details/masshealth-proposed-regulations-and-public-notices.
• Published administrative bulletin 18-05 regarding 101 CMR 701.00: community Hospital Reinvestment Trust Fund Payments and Funding effective March 28, 2018.  To view the bulletin, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.
• Posted notice of proposed amends 101 CMR 343.00 Hospice Services. 101 CMR 343.00 governs payment rates for hospice services provided to publicly aided individuals by governmental units. The proposed amendments to 101 CMR 343.00 update the rates of payment for hospice services provided by MassHealth providers, in accordance with M.G.L. c. 118E, § 13D, which requires EOHHS to establish rates for health care services to be paid by governmental units. Additionally, the Centers for Medicare and Medicaid Services (CMS) annually set the minimum rates for Medicaid Hospice services, which are to be effective on October 1 of each year, and which EOHHS uses as the base rates. EOHHS has reviewed CMS' Hospice Wage Index and Payment Rate Update for Federal FY 2018 and has applied CMS methodology to the previous rate period for MassHealth Hospice rates. The percentage change in individual rates between the previous rate period ending September 30, 2017 and this rate period range from -2.7% to 1.56%, with the overall change in rates being approximately -0.15%. The proposed regulation is planned to go into effect no sooner than July 27, 2018. However, pursuant to 101 CMR 343.04(3)(b), the rates for hospice services were updated via administrative bulletin on December 6, 2017, and in accordance with CMS required changes to these rates. The expected annual fiscal impact for MassHealth is an increase of approximately $28,130. There is no fiscal impact on cities and towns.  To view the notice, go to http://www.sec.state.ma.us/spr/sprpub/032318f.pdf.  To view a copy of the proposed regulation, go to  https://www.mass.gov/files/documents/2018/03/09/101-cmr-343-proposed-redline.pdf.
• Published Bulletin 18-06 regarding dental services effective January 1, 2018; Bulletin 18-07 regarding DME effective January 1, 2018; Bulletin 18-08 regarding DME effective March 1, 2018; and Bulletin 18-09 regarding new HCPCS codes effective March 1, 2018.  To view the bulletins, go to https://www.mass.gov/lists/2018-eohhs-administrative-bulletins.

REGULATORY ACTIVITY:

• Published administrative bulletin 18-03 regarding nursing facility user fees effective January 26, 2018. To view the bulletin, go to: https://www.mass.gov/files/documents/2018/01/26/AB-18-03_0.pdf
• Published administrative bulletin 18-04 regarding CPT/HCPCS 2018 Coding Updates effective January 1, 2018.  To view the bulletin, go to: https://www.mass.gov/files/documents/2018/02/01/ab-18-04.pdf
• EOHHS has published a Notice of Agency Action for the following regulation. You can view the notice and the corresponding proposed regulations at https://www.mass.gov/service-details/executive-office-of-health-and-human-services-public-notices.

Proposed Emergency Adoption

101 CMR 314.00: Dental Services

• The executive office of health and human services published notice of a public hearing to be held on Friday March 2, 2018 at 10:00 a.m. in the first-floor conference room at 100 Hancock Street, Quincy, MA relative to the emergency adoption of rule 101 CMR 206.00 Standard Payments to Nursing Facilities.  To view a copy of the notice, go to http://www.sec.state.ma.us/spr/sprpub/022318c.pdf.
• Posted notice of final adoption of: 101 CMR 322.00: Durable Medical Equipment, Oxygen and Respiratory Therapy Equipment.  A copy of the adopted regulation can be viewed at https://www.mass.gov/regulations/101-CMR-32200-durable-medical-equipment-oxygen-and-respiratory-therapy-equipment.  The rule becomes effective March 1, 2018.