Statutes & Regulations

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Statutes or regulations, including proposed regulations. Code "comments" prepared by advocates under "Briefs, memoranda, advocacy letters."

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Child Care Financial Assistance Regulations

Department of Early Education and Care
Regulations and key documents include the following which are attached below. The revised subsidy regulations which went into effect on October 1, 2023 Policy Advisory Interim DCF-Related Child Care Financial Assistance Program Interim DTA-Related Child Care Financial…

Pending Bills to Reform MassHealth Estate Recovery

Sen Comerford & Rep Barber
Sen Comerford & Rep Barber are lead sponsors on bills to reform MassHealth Estate Recovery.  A fact sheet about the bills is attached.  An Act Protecting the Homes of Seniors and People with Disabilities on MassHealth H. 1168    S. 726   

A bill to reinstate 3 months retroactive MassHalth Coverage in 2023

MHA & MLRI
Attached is a fact sheet on a bill filed in the 2023 session to restore retroactive MassHealth coverage; MassHealth plans to end this coverage for new applicants 19-64 who are not pregnant when the COVID-19 Public Health Emergency ends expected to be this spring.

2022 Important MA 2nd chance legislation

pquirion@gbls.org
SEE ATTACHED FACT SHEETS AND ASK THE JUDICIARY COMMITTEE TO FAVORABLY REPORT THE BILLS  H1763  S10372. An Act providing easier and greater access to record sealing (Rep. Malia, Sen. Friedman). Requires automatic sealing of records after the applicable waiting period by the…

MassHealth Guidance on PRUCOL Verification

Office of Medicaid
This updated Feb 2022  Eligibility Operations Memo describes the MassHealth eligible immigration category of people who are "permanently residing in the US under color of law" (PRUCOL) and gives examples of documents that can be used to verify an that a non-citizen has satisfies the…

State-funded Family Assistance and MassHealth Standard for Immigrants

Office of Medicaid
MassHealth Family Assistance provides coverage for different groups including 100% state-funded coverage for certain lawfully present and PRUCOL immigrants who are not eligible for federally reimbursed Medicaid. Until recently, Family Assistance included few long term services and supports.…

MassHealth Estate Recovery

Office of Medicaid
MassHealth seeks to recoup the amount of money it has spent paying for services or paying managed care premiums on behalf of MassHealth members age 55 or older from the individual's "probate estate."  It also seeks to recoup the costs of nursing home care from the…

Trump Admin Proposed Cuts to SNAP - MLRI Summary Chart, fact sheets, comments

MLRI
In 2019, USDA filed 3 sets of proposed rule changes that would result in significant cuts to SNAP if enacted. The first of the 3 rules, expanding the time limit for certain childless non-disabled adults subject to strict work rules, was scheduled to go into effect on April 1, 2020 but was vacated…

MassHealth Continuous Coverage during COVID 19 Emergency

MLRI
On March 18, the Families First Coronavirus Response Act was enacted. It prohibited states from ending coverage for Medicaid beneficiaries enrolled on March 18, 2020 or later and continuing until the end of the COVID-19 emergency. CMS has issued two sets of FAQs for the states with more…

Vocational Technical Education Regulations

MA DESE
603 CMR 4.00 4.01: Purpose (1) 603 CMR 4.00 supervises the operation of public vocational technical education programs in the Commonwealth, and governs the operation and approval of secondary and postsecondary vocational technical education programs offered in public school districts.…

August 2019 State Health Update:

vicky pulos
Attached is an update of several health items in the FY 20 state budget, improvements in the state medical child support law,  improvements in the MassHealth/Connector online system, and several positive changes in MassHealth eligibility policies. 

DTA Office Locations

Department of Transitional Assistance
The Department of Transisitional Assistance Office Locations can be found on here on the Mass.gov website 

EAEDC Table of Standards of Assistance

Department of Transitional Asssiatance
The EAEDC Table of Standards of Assistance can be found on here on the Mass.gov website 

Update on MA legislation: Senate HEALTH bill

MLRI
On Nov. 7, the State Senate passed a broad-ranging health bill, a House bill is expected in early 2018.  

Reference Guide to Federal Medicaid Statutes & Regs

MACPAC
Helpful on-line research tool from the Medicaid and Chip Payment and Access Commission (MACPAC) listing topics/issues with corresponding provision in Medicaid T. XIX and federal regulations. 

Comments on Proposed State Public Housing Regulations

MLRI, GBLS, CHAPA, Mass Union
On August 26, 2016, the Department of Housing and Community Development (DHCD) released proposed amendments to state public housing regulations. Comments were due October 5, 2016. Below are written comments submitted to DHCD from legal services and other organizations that work on public…

Massachusetts Earned Sick Time Regulations

Massachusetts
Final Regulations - Earned Sick Time (940 CMR 33.00) - posted on the Attorney General's website.  Also information about earned sick time. Click the "Go to Website" link below to download.

Listing of Impairments in SSA Regulations

SSA
Listings appear in regulations at 20 CFR Part 404, Subpart P, Appendix 1 416.925 explaining listing of impairments.

HHS 1557 Nondiscrimination Regs

Department of Health and Human Services
45 CFR Part 92 Nondiscrimination in Health Programs and Activities Summary: This final rule implements Section 1557 of the Affordable Care Act (ACA) (Section 1557). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health…

Alert: Health Safety Net Cuts: Public Hearing Feb. 26, 2016

Vicky Pulos
EOHHS has released proposed rules that will significantly restrict eligible services in the Health Safety Net as early as April 1. The rules can take effect only after a public notice and comment period. The attached FAQ  describes the HSN program, the proposed cuts, the rationale for the cuts…

Fiscal Year 2016 Budget Bills -MLRI Analyses

MLRI
Attached is MLRI's analysis of the Governor's proposed Budget for Fiscal Year 2016, House 1, and  the House Ways & Means Committee Budget bill  filed April 15, 2016, and the Senate Ways & Means Committee Budget bill filed in May.  As of June 1, the final House & Senate bills are in…

SSA Regulations at 20 CFR

SSA

DESE physical restraint regulations

DESE
603 CMR 46.00.  Amended regulations were approved December16, 2014 and will take effect January 1, 2016.  Text of amended regulations. Question and answer guide on the implementation of the amended regulations.

DMA Provider Regulations including covered services

MassHealth

MRVP Regulations - 760 CMR 49.00

M.G.L. chapter 164, section 1F: Low Income Assistance for Gas and Electricity program

Whether Massachusetts Would Extend Intestate Spousal Inheritance Rights as a Result of a Civil Union Entered into by a Same-Sex Couple in the State of Vermont in 2001.

POM
Massachustts permits  claimant who was in a civil union to inherit.

Safe and Supportive Schools Legislation

MA Legislature
Safe and Supportive Schools legislation signed into law on August 13, 2014 This law will support schools in Massachusetts to create the safe, supportive and welcoming environments that all children need in order to learn.  The legislation establishes in law a common framework based on the…

Autism Omnibus Bill

The Autism Omnibus Bill, signed by the governor on August 6, 2014, resulted from the work of the Autism Commission. The bill includes six pieces of legislation: Masshealth to cover medically necessary treatment for children with autism, including ABA Therapy and devices for communication; the…

Boston CORI Regulations

City of Boston Office of Fair Housing and Equity
Regulations issued June 3 2014 to enforce the city of Boston's CORI Ordinance. Boston is prohibited from doing business with vendors who do not comply with Boston's CORI ordinance. The ordinance only allows CORI checks when required by law, or for sensitive jobs. CORI checks are allowed only at the…

School Discipline Regulations Chapter 222

Mass Department of Elementary and Secondary Education
The Mass Board of Elementary and Secondary Education adopted regulations for Chapter 222 AN ACT RELATIVE TO STUDENT ACCESS TO EDUCATIONAL SERVICES AND EXCLUSION FROM SCHOOL on April 29, 2014.

EOHHS Health Safety Net Regulations

EOHHS
Health Safety Net Regulations as of April 2014. 101 CMR 613.00 (formerly 114.6 CMR 13.00); 101 CMR 614.00 (formerly 114.6 CMR 14.00).

DTA Food Stamps/ SNAP Regulations and Index

DTA
Click the "Go to Website" link below to access 106 C.M.R. 300-367, the Massachusetts Supplemental Nutrition Assistance Program (SNAP, formerly known as Food Stamps).  Also attached is an index of of these regulations, prepared by MLRI.

New MassHealth Regulations, Jan. 1, 2014

Office of Medicaid
Effective January 1, 2014, an extensive set of regulatory changes took effect in MassHealth related to implementation of the Affordable Care Act including the repeal of MassHealth Basic, Essential and the Insurance Partnership and creation of a new program called CarePlus along with many other…

Health Connector Authority Regulations

Massachusetts
Regulations on Affordability, Individual Mandate, Commonwealth Care and Commonwealth Choice, etc. 

Anti-Bullying Law 2013 Amendment

MA legislature
In July 2013 Governor Patrick signed amendments to the Massachusetts anti-bullying law (M.G.L. chapter 71, section 37O). Those amendments extend protections to students who are bullied by a member of the school staff, who are defined to include but are not limited to an "educator,…

Comparison of House & Senate FY 2014 Budget Bills

MMPI, Mass. Budget & MLRI
This budget brief compares the MassHealth, Commonwealth Care and related health care provisions in the FY 2014 House & Senate budget bills. A conference committee is currently working out the differences between the two bills. 

MassHealth recognizes H1B & H4 status as AWSS/PRUCOL

MassHealth Training Unit
In its Weekly email update to the MassHealth Enrollment Centers, the MassHealth Training Unit confirms that specialty workers with an H1B visa status & their H4 dependants are considered Permanently Residing Under Color of Law/Lawfully Present for purposes of MassHealth &…

DDS Emergency Regulations on Eligibility

MA DDS

Department of Developmental Services (DDS) regulations

DDS
115 CMR 2.01 Definitions; 115 CMR 6.04 General Eligibility

GBLS & UNION OF MINORITY NEIGHBORHOODS COMENTS ON PROPOSED DCJIS CORI REGS

Pauline Quirion

Requiring Electronic Filing of Select Appeals by Certain Claimant Representatives, Revised notification of Implementation of Requirement, 72 FR 13968

SSA
SSA revised the Notification of implementation of requirement published on January 31, 2012 (77 FR 4653). SSA clarified the requirement that appointed representatives file certain appeals using SSA electronic systems in matters for which the representatives request direct fee payment.…

Final Rule: Protecting the Public and Our Employees in Our Hearing Process (77 Fed Reg 10657, February 23, 2012)

SSA
SSA issued its final rule on banning certain individuals (both general public and claimants) from the ODAR offices whenever the Hearing Office Chief Administrative Judge finds that an individual "poses a threat." The language of the final rule is unchanged from the interim final rule with one…

111 CMR: Massachusetts Commission for the Blind; Proposed Regulations, Draft

MCB, DTA

Final Rule: Recovery of Delinquent Debts-Treasury Offset Program Enhancements (76 FR 65107)

SSA
SSA final rule removed the 10-year limitation to collect Title II, Tile XVI, and Title VIII overpayments from the federal offset. Additionally, State tax refunds are now also subject to the treasury offset program.   Effective November 21, 2011, the Treasury Department will be…

Interim Final Rule with Request for Comments: Protecting the Public and Our Personell to Ensure Operational Effectiveness (76 F

SSA

DI 57601 Basic, Special Hearing Procedures and Evidence Rules in Region I

SSA
Regulatory changes effective June 13, 2011, eliminate the Decision Review Board (DRB) under 20 CFR part 405. Region I will use most of the same rules and procedures followed by the rest of the country at the Appeals Council (AC) level under 20 CFR part 404 and part 416. Region I will continue to…

I-5-3-18. Elimination of Decision Review Board (DRB) and Related Hearing Level Processing Changes

SSA
This Temporary Instruction (TI) provides guidance for eliminating review by the Decision Review Board (DRB) and related hearing level processing changes in the Boston Region (comprised of the States of Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, and Connecticut).  

Revised Medical Criteria for Evaluating Endocrine Disorders (76 FR 19692, April 8, 2011)

SSA
SSA finalized the rules for evaluating endocrine disorders that the Agency proposed in 2009 (74 FR 66069, December 14, 2009).  In view of the recent medical developments in early diagnosis and treatment of endocrine disorders SSA concluded that most such disorders do not reach listing-level severity…

Interim FInal Rule with requset for comments: Protecting the Public and Our Employees in Our Hearing Process (75 FR 13506)

SSA
The rule governs SSA ban policy at the ODAR level and allows the HOCALJ at the request from ODAR employee to preclude the claimant or another individual who "poses threat" from having an in-person hearing. HOCALJ decision is not an "initial determination" and therefore not…