The Massachusetts Register
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Issue: 1151, Date: 3/5/2010 The Massachusetts Register Published by: The Secretary of the Commonwealth, William Francis Galvin, Secretary $10.00 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Issue: 1151, Date: 3/5/2010 THE COMMONWEALTH OF MASSACHUSETTS Secretary of the Commonwealth - William Francis Galvin The Massachusetts Register TABLE OF CONTENTS Page - THE GENERAL COURT Acts and Resolves 1 - Division of Health Care Finance and Policy Administrative Bulletin 10-05: 114.3 CMR 47.00: Freestanding Ambulatory 3 Surgical Facilities - ADMINISTRATIVE PROCEDURES Notice of Public Review of Prospective Regulations 10 Cumulative Table 25 Emergency Regulations 31 Permanent Regulations 35 MASSACHUSETTS REGISTER (THE) (ISSN-08963681) is published biweekly for $300.00 per year by the Secretary fo the Commonwelath, State House, Boston, MA 02133. Second Class postage is paid at Boston, MA. POSTMASTER: Send address chagne to: Massachusetts Register, State Bookstore, Room 116, State House, Boston, MA 02133.The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Page Emergency Regulations 211 CMR Insurance, Division of 43.00 Health Maintenance Organizations (HMOs) 31 The purpose of 211 CMR 43.00 is primarily to implement M.G.L. c. 176G which governs health care maintenance organizations (HMO’s). HMO’s provide or arrange for the provision of health services to enrolled members in exchange for a fee. 527 CMR Fire Prevention Regulations, Board of 10.00 Fire Prevention, General Provisions 33 Adds 527 CMR 10.13(8), which contains special fire safety provisions for certain places of worship which have been issued a valid Certificate of Occupancy for use as a temporary overnight shelter from the cold pursuant to 780 CMR, The State Building Code. Permanent Regulations 106 CMR Transitional Assistance, Department of 204.000 Transitional Aid to Families with Dependent Children: Financial Eligibility 35 State Letter 1357 transmits a change in the TAFDC Eligibility, Need and Payment Standards regulations for the month of February 2010 and thereafter. Beginning in 2010, the Department will be able to provide a nonrecurring clothing allowance or other one-time nonrecurring payment to eligible TAFDC recipients, in the event such an allowance or payment is authorized in the budget, without an annual change in these regulations. 114.3 114.3 CMR Health Care Finance and Policy, Division of CMR 47.00 Freestanding Ambulatory Surgical Facilities 37 Governs the rates of payment to freestanding ambulatory surgical facilities for surgical services rendered to publicly-aided individuals. The amendments are effective January 1, 2010. 130 CMR Medical Assistance, Division of 409.000 Durable Medical Equipment and Medical Supplies Services 39 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Page Strengthens provider qualifications to be enrolled as a MassHealth DME provider, clarify covered and non-covered services, removes language regarding pricing, clarifies and strengthens language related to prior authorization (PA), DME, and provider responsibilities, changees PA and prescription requirements for PERS, describes provider responsibilities regarding Recall Notices, and clarifies language related to DME provided to members in facilities. No statutory or regulatory deadlines are involved. 211 CMR Insurance, Division of 130.00 Credit for Reinsurance 41 211 CMR 130.00 sets forth rules and procedural requirements that the Commissioner deems necessary to carry out the provisions of M.G.L. c. 175, § 20A relating to credit insurance. 430 CMR Unemployment Assistance, Division of 4.00 Benefit Series 43 Provides that a claimant whose preferred language is listed in M.G.L. c. 151A, § 62A (Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, and Russian) and who did not receive a determination in that language shall have an extended time period in which to request a hearing. 7.00 Medical Security Plan for the Unemployed 45 527 CMR Fire Prevention Regulations, Board of 10.00 Fire Prevention, General Provisions 47 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Acts 2010 CHAPTER BILL TITLE DATE NUMBER NUMBER 19 S 2236 Relative to the Lowell Civic Stadium Commission. 2/1/2010 20 S 2308 Authorizing the Town of Charlton to Acquire Dams Within the 2/4/2010 Town, to Make Improvements to Dams and to Authorize the Assessment of Betterments to Pay Costs Associated Therewith. 21 S 2228 Establishing a Sick Leave Bank for Catherine Ann Ouellette, an 2/4/2010 Employee of the Trial Court. 22 H 4159 Relative to the Board of Public Accountancy and Regulating the 2/4/2010 Registration of Certified Public Accountants. 23 S 2212 Relative to Harrassment Prevention Orders. 2/9/2010 24 S 253 Relative to Vocational Education. 2/9/2010 25 H 3210 Naming a Certain Bridge in the City of Malden as the Joseph E. 2/9/2010 Croken Memorial Bridge. 26 H 3588 Relative to the Collection of Unpaid Municipal Fines. 2/10/2010 27 H 4400 Establishing a Sick Leave Bank for Tree Borden, an Employee of 2/11/2010 the Norfolk District Attorney's Office. 28 H 1134 Authorizing the Town of Spencer to Grant Tax Abatements to 2/11/2010 Certain Military Personnel. 29 S 1302 Authorizing the Board of Assessors of the City of Quincy to Grant 2/11/2010 Tax Abatements to Certain Military Personnel. 30 S 2114 Authorizing Berkshire Community College to Lease Certain Land 2/11/2010 to the Pittsfield Young Men's Christian Association. 31 H 1976 Relative to the Wareham Fire District. 2/18/2010 32 H 4190 Prohibiting Certain Dumping in the City of Brockton. 2/18/2010 33 H 4267 Authorizing the City of Leominster to Grant an Additional License 2/18/2010 for the Sale of All Alcoholic Beverages not to be Drunk on the Premises. 34 H 4470 Relative to Unemployment Insurance Rates. 2/18/2010 35 S 1890 Designating a Certain Bridge in the Towns of Orange and 2/23/2010 Wendell as the Franklin County Purple Heart Memorial Bridge. 36 H 4361 Establishing a Sick Leave Bank for Olivia Mulhall, an Employee 2/24/2010 of the Trial Court. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Acts 2010 CHAPTER BILL TITLE DATE NUMBER NUMBER 37 H 4407 Relative to a Wastewater Management District in the Town of 2/26/2010 Harvard. 38 S 2237 Relative to Certain Affordable Housing in the City of Boston. 2/26/2010 39 S 2163 Relative to the Certification of Wareham Library. 2/26/2010 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.