The Massachusetts Register

Issue: 1207, Date: 4/27/2012

Published by: The Secretary of the Commonwealth, William Francis Galvin, Secretary $10.00

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

- OFFICE OF THE SECRETARY OF THE COMMONWEALTH Elections Division: Ballot Question Titles and Yes/No Statements for the 2012 3 State Election Prepared Jointly by the Office of the Attorney General and Secretary of the Commonwealth as Required by Massachusetts General Law Chapter 54, Section 53. State Register of Historic Places 4

- ADMINISTRATIVE PROCEDURES Notice of Public Review of Prospective Regulations 5

Cumulative Table 19

Permanent Regulations 24

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

Permanent Regulations

106 CMR Transitional Assistance, Department of

204.000 Transitional Aid to Families with Dependent Childen: Financial Eligibility 24 Correction to filing of 106 CMR 204.250. Corrects page instructions.

114.3 114.3 CMR Health Care Finance and Policy, Division of CMR 46.00 Rates for Certain Substance Abuse Programs 25 Governs payment rates for certain substance abuse services provided to publicly-aided individuals, and to individuals covered by the Workers' Compensation Act. The amendments are effective on November 1, 2011.

130 CMR Medical Assistance, Division of

519.000 MassHealth: Coverage Types 27 Revises the regulations concerning the Home- and Community-Based Services Waiver for Persons with Mental Retardation to replace that waiver with three Home- and Community-Based Services Waivers for Persons with an Intellectual Disability (HCBSW/ID).

321 CMR Fisheries & Wildlife, Division of

4.00 Taking of Certain Fish 29 321 CMR 4.01 prohibits the harvest of wild Atlantic Salmon upstream of the Essex Dam in the Merrimack River to coincide with the opening in Spring, 2012 (for the first time since 1969) of the fish trap at the Essex Dam that currently prevents wild Atlantic Salmon from swimming north of the dam to historic spawning grounds in New Hampshire.

801 CMR Administration and Finance, Executive Office for

4.00 Rates 31 Insurance companies have been issuing boiler certificates of inspection for the annual inspection of boilers and pressure vessels. The FY12 budget contained language authorizing the Department to issue these certificates and charge a fee in accordance with M.G.L. c. 7, § 3B. This fee proposal will result in the Department, and not insurance companies, being responsible for the issuance of these certificates and collecting a $50 fee for each certificate. The program will generate an estimated $4.5 million as a result of the issuance of 90,834 certificates annually. A retained revenue ceiling of $1.2 million was established to allow the Department to hire additional engineering inspectors to address the backlog of boiler inspections.

807The CMR text of the regulationsTeachers' published Retirement in the electronic versionBoard 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

21.00 Maternity Service Credit 33 Establishes the procedure for the granting of creditable service for maternity leaves in accordance with M.G.L. c. 32, § 4(1)(g¾) and to provide guidance as to the Board's interpretation of the statute.

961 CMR State Lottery Commission

2.0 Rules and Regulations 35

48 H 3490 Relative to Outstanding Excise Tax and the Towing of Motor 3/9/2012 Vehicles and Trailers in the City of Springfield.

49 S 2048 Validating Certain Elections in the Town of Dudley. 3/9/2012

50 S 2062 Relative to Certain Affordable Housing in the City of Taunton. 3/9/2012

51 H 3720 Relative to Students with Disabilities in Post-secondary 3/9/2012 Education, Employment and Independent Living.

52 H 3920 Relative to the Division of Transportation in the Town of 3/14/2012 Brookline.

53 H 3738 Authorizing the City of Fitchburg to Grant an Additional License 3/14/2012 for the Sale of Wines and Malt Beverages not to be Drunk on the Premises.

54 S 2088 Establishing a Sick Leave Bank for Michael Foti, an Employee of 3/14/2012 the Department of Correction.

55 H 3894 Establishing a Sick Leave Bank for Catherine Blais, an Employee 3/15/2012 of the Trial Court.

56 H 3763 Providing for a Charter for the Town of Westford. 3/19/2012

57 S 2104 Relative to the Town Clerk in the Town of Tewksbury. 3/22/2012

58 S 1967 Relative to Community Housing and Services. 3/22/2012

59 H 3740 Designating a Certain Bridge in the City of Attleboro as the Lynn 3/22/2012 Goodchild and Shawn Nassaney September 11th Memorial Bridge.

60 H 3754 Providing Retirement Options for Nonprofit Organizations. 3/22/2012

61 S 2148 Relative to Tiered and Selective Network Health Plans. 3/23/2012

62 H 3716 Relative to the Number of Voting Precincts in the Town 3/23/2012 Chelmsford.

63 S 2186 Relative to the Charter of the Town of Norwell. 4/2/2012

64 H 3853 Relative to the Procurement and Award of Contracts for Certain 4/4/2012 Affordable Housing in the City of Boston.

65 H 3638 Designating a Certain Bridge in the Town of Dalton as the 2nd 4/4/2012 Lt. Michael J. Casey, Sr. Memorial Bridge.

66 H 3666 Relative to Compensated Absences in Cities and Towns. 4/4/2012

67 H 3953 Relative to a Certain Parcel of Land in the Town of Freetown. 4/6/2012

68 S 2174 Relative to the Dighton Water District in the Town of Dighton. 4/6/2012

69 H 2328 Authorizing the Town of Dartmouth to Establish a Trust Fund for 4/6/2012 Police Officer Municipal Benefits.

70 H 3333 Relative to the Duration of Contracts for the Position of Chief of 4/6/2012 Police in the Town of Natick.

71 H 3715 Authorizing the Town of Harvard to Issue One-day Liquor 4/6/2012 Licenses.

72 H 3843 Validating the Actions Taken at a Certain Town Meeting in the 4/11/2012 Town of Abington.

Medical Use of Marijuana [11-11] -- Petition A

A YES VOTE would enact the proposed law eliminating state criminal and civil penalties related to the medical use of marijuana by patients meeting certain conditions.

A NO VOTE would make no change in existing laws.

Educator Evaluation Standards [11-20]—Petition B

A YES VOTE would enact the proposed law requiring public school districts to make employment decisions about teachers and other educators based primarily on performance evaluations incorporating standards issued or approved by the state.

A NO VOTE would make no change in existing laws.

Prescribing Medication to End Life [11-12] – Petition G

A YES VOTE would enact the proposed law allowing a physician licensed in Massachusetts to prescribe medication, at the request of a terminally-ill patient meeting certain conditions, to end that person’s life.

A NO VOTE would make no change in existing laws.

Availability of Motor Vehicle Repair Information [11-16] – Petition L

A YES VOTE would enact the proposed law requiring motor vehicle manufacturers to allow vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers’ Massachusetts dealers and authorized repair facilities.

A NO VOTE would make no change in existing laws.

WEEKS OF: February 25,2012 -March 30,2012

For further infonnation call the MassachusettsHistorical Commission (617-727-8470)

ACTIONS TAKEN UNDER 950CMR 71.00

Town/Property/Agency Finding Date NONE

ADDITIONAL LISTINGS UNDER 950CMR 71.00 Number of Town/Name/Address Designation Date Properties Boston (Fenway) FenwayPark NRIND 3/7./2012 3 2-4,24 YawkeyWay, 64-76 Brookline Ave, 70-80Lansdowne 8t

Boston (Charlestown) TerminalStorage Warehouse District NRDIS 3/12/2012 4 267-281Medford St, 40, 50 TerrninalSt

Lawrence American WoolenCompany Townhouses NRDIS 3/12/2012 6 1-14Wood Way, 1-14Washington Way, 1-14Prospect Way

Marblehead Webber,Samuel- Dixey, EdwardHouse PR 6/21/2005 21 Circle St

Newton Nash, Edgar House PR 5/2/2005 95 Lincoln St

Revere Revere City Hall and Police Station NRIND 3/7/2012 4 281 Broadway, 23 Pleasant St

Springfield Outing Park Historic District NRDIS 3/7/2012 23 Roughly bounded by Saratoga,Niagara, Oswego, and Bayonne Sts

Stow Randall -Hale Homestead PR 12/27/2006 4 6 Sudbury Rd

NOTICES OF PUBLIC REVIEW OF PROSPECTIVE REGULATIONS PUBLISHED IN COMPLIANCE WITH M.G.L. c. 30A, SECTIONS 2 AND 3

Published April 27, 2012

Devens Enterprise 974 CMR 5.00 5/29/12 @ 6:45 P.M. Written Commission comments accepted prior to the hearing.

114.3 CMR Health Care 114.3 CMR 28.00 5/30/12 @ 10:00 A.M. Written Finance and Policy, Division of testimony accepted until 6/11/12 @ 5:00 P.M.

Energy Resources, 225 CMR 14.00 Written comments accepted Department of 5/19/12 - 6/18/12 @ 5:00 P.M.

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 5 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 6 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. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENERGY RESOURCES 100 CAMBRIDGE ST., SUITE 1020 BOSTON, MA 02114 Telephone: 617-626-7300 Facsimile: 617-727-0030

Deval L. Patrick Richard K. Sullivan, Jr. Governor Secretary

Timothy P. Murray Mark D. Sylvia Lieutenant Governor Commissioner

The Massachusetts Department of Energy Resources gives notice of a public comment period for the following proposed final regulation:

The regulation 225 CMR 14.00 is a revision of an existing regulation to implement proposed changes to biomass eligibility for the Massachusetts RPS program and other technical changes. This standard requires all retail electricity suppliers selling electricity to end-use customers in the Commonwealth to obtain a specific minimum percentage of their electricity supply from renewable energy generation sources.

Any interested party may submit written comments during the period which will run from:

th th May 19 - June 18 2012

The Department will accept written comments on this proposed final regulation, and all comments should be submitted electronically in pdfformat by 5:00 pm on June 18,2012 to Robert Rizzo at [email protected]. Any questions may be directed to doer. [email protected].

The text of the regulations can be viewed on the Department's website at http://www.mass.gov/doer ., I : II t: 81 tldV llOZ

Describe the Scope and Objectives of the Regulation: Amends the regulation to provide specific eligibility criteria for biomass units utilizing a wood feedstock.

Business Industry(ies) Affected by the Regulation: electrical energy generation using wood as fuel, forest management, forest harvesting, and retailers of wood fuel The regulatory revision affects the use of woody biomass energy to generate electricity that is voluntarily qualified to receive the incentive afforded by the Renewable Energy Portfolio Standard. The revision is necessary to assure the biomass energy· provides greenhouse gas emission reductions and sustainable forestry. The regulation will allow biomass to again qualify for the RPS after being suspended in 2009. The woody biomass market affords economic opportunity to biomass energy project development companies and the forestry industry. The regulation will impose a biomass fuel certification and tracking requirement on the forestry and biomass energy sectors, but the regulation and Guideline provides clear and streamlined procedures. The regulation only pertains to economic activity associated with the voluntary qualification of biomass energy for the RPS incentive.

Types of Businesses Included in the Industry(ies): electric distribution companies, competitive electric suppliers, owners of wood-fired electric generation units, foresters and harvesters

Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidance documents for assistance determining the total number of small businesses:

Businesses impacted by this regulatory revision are those that will be engaged in the biomass fuel market. Based on the methodology provided, DOER has identified the following two NAICS categories, and have determined the number of (self-certified) small businesses within each sector.

NAICS Number of Small Businesses INDUSTRY NAME CODE (per Guidance methodology) 113310 Logging 13

113210 Forest nurseries and gathering of forest product 9

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 X Small businesses are generally affected as a customer and ratepayer of the electric distribution companies or competitive suppliers who have an RPS compliance obligation the costs of which are factored into their rate structure. To the extent that a small business is the owner or operator of a biomass generation unit that utilizes a wood based feedstock, it will have to file an annual fuel supply plan and a compliance report with DOER to ensure compliance with the changes made in this regulation related to the eligibility of biomass units. To the extent that a small business is involved with the harvesting of wood, it will have responsibility for filing a report and processing certificates for eligible biomass fuel to assure compliance with changes made in the regulation related to the eligibility of biomass units. Generally though, the RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Will small businesses have to implement additional recordkeeping procedures?

D X Small businesses are generally affected as a customer and ratepayer of the electric distribution companies or competitive suppliers who have an RPS compliance obligation the costs of which are factored into their rate structure. To the extent that a small business is the owner or operator of a biomass generation unit that utilizes a wood based feedstock and has been granted a Statement of Qualification by DOER for the RPS program, it will have to file an annual fuel supply plan and a compliance report with DOER to ensure compliance with the changes made in this regulation related to the eligibility of biomass units. To the extent that a small business is involved with the harvesting of wood, it will have responsibility for filing a report and processing certificates for eligible biomass fuel to assure compliance with changes made in the regulation related to the eligibility of biomass units. Generally though, the RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Will small businesses have to provide additional administrative oversight?

D X The RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Will small businesses have to hire additional employees in order to comply with the proposed regulation? D X Small businesses are generally affected as a customer and ratepayer of the electric distribution

Yes No Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)? 0 X Small businesses are generally affected as a customer and ratepayer of the electric distribution companies or competitive suppliers who have an RPS compliance obligation the costs of which are factored into their rate structure. To the extent that a small business is the owner or operator of a biomass generation unit that utilizes a wood based feedstock and has been granted a Statement of Qualification by DOER for the RPS program, it will have to file an annual fuel supply plan and a compliance report with DOER to ensure compliance with the changes made in this regulation related to the eligibility of biomass units. To the extent that a small business is involved with the harvesting of wood, it will have responsibility for filing a report and processing certificates for eligible biomass fuel to assure compliance with changes made in the regulation related to the eligibility of biomass units. Generally, though the RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation? 0 X As RPS program is voluntary, there is no hard requirement, but to the extent that a generation unit needs to be upgraded to comply with the eligibility requirements, capital investment may be required depending on the system.

Yes No Are performance standards more appropriate than design standards?

0 0 nfa

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities? 0 X Small businesses are generally affected as a customer and ratepayer of the electric distribution companies or competitive suppliers who have an RPS compliance obligation the costs of which are factored into their rate structure. To the extent that a small business is the owner or operator of a biomass generation unit that utilizes a wood based feedstock and has been granted a Statement of Qualification by DOER for the RPS program, it will have to file an annual fuel supply plan and a compliance report with DOER to ensure compliance with the changes made in this regulation related to the eligibility of biomass units. To the extent that a small business is involved with the harvesting of wood, it will have responsibility for filing a report and processing certificates for eligible biomass fuel to assure compliance with changes made in the

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small businesses? 0 X Small businesses are generally affected as a customer and ratepayer of the electric distribution companies or competitive suppliers who have an RPS compliance obligation the costs of which are factored into their rate structure. To the extent that a small business is the owner or operator of a biomass generation unit that utilizes a wood based feedstock and has been granted a Statement of Qualification by DOER for the RPS program,it will have to file an annual fuel supply plan and a compliance report with DOER to ensure compliance with the changes made in this regulation related to the eligibility of biomass units. To the extent that a small business is involved with the harvesting of wood, it will have responsibility for filing a report and processing certificates for eligible biomass fuel to assure compliance with changes made in the regulation related to the eligibility of biomass units. As part of enforcement, DOER may require an inspection of audit. Generally, though the RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements? 0 0 n/a

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?

0 X The RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers.

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?

0 X The RPS program is a voluntary program for generation units, the statutory obligations lie with the electric distribution companies and competitive suppliers so impossible to say that this will affirmatively encourage formation of small business, but generally, these regulations will provide new opportunities for foresters, harvesters, transporters of eligible biomass woody fuels.

Yes No Can the regulation provide for less stringent compliance or reporting requirements for small businesses? 0 X

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses? 0 X

Yes No Can the compliance or reporting requirements be consolidated or simplified for small businesses? 0 X

Yes No Can performance standards for small businesses replace design or operational standards?

Yes No Are there alternative regulatory methods that would minimize the adverse impact on small businesses? 0 X

Yes No Were any small businesses or small business organizations contacted during the preparation of this document? If so, please describe. X 0 As part of our public comment and hearing process, we received comments from a number of small businesses who either operate biomass generation units, or are in the forestry industry.

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: 1995 Register: #871 1978 138 1996 Supp. # 2 807 1979 193 1997 833 1980 241 1998 859 1981 292 1999 885 1982 344 2000 911 1983 396 2001 937 1984 448 2002 963 1985 500 2003 989 1986 546 2004 1016 1987 572 2005 1042 1988 598 2006 1068 1989 624 2007 1094 1990 650 2008 1120 1991 676 2009 1146 1992 702 2010 1172 1993 729 2011 1198 1994 755 Effective Issue Date

105 CMR Department of Public Health 100.000 Determination of Need - Emergency ...... 1203 2/10/12 120.000 Massachusetts Regulation for the Control of Radiation (MRCR) . . . . 1203 3/2/12 300.000 Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements ...... 1199 1/6/12 700.000 Implementation of M.G.L. c. 94C ...... 1206 4/13/12

21 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. Effective Issue Date

106 CMR Department of Transitional Assistance 203.000 Transitional Aid to Families with Dependent Children: Nonfinancial Eligibility - Compliance (MA Reg. # 1197) ...... 1199 10/1/11 204.000 Transitional Aid to Families with Dependent Children: Financial Eligibility ...... 1205 4/1/12 - Correction (MA Reg. # 1205) ...... 1207 4/1/12 327.000 Eligibility Requirements for SSP ...... 1205 4/1/12 343.000 Fair Hearing Rules...... 1205 4/1/12 360.000 Supplemental Nutrition Assistance Program: General Provisions . . . 1205 4/1/12 361.000 Supplemental Nutrition Assistance Program: The Application Process ...... 1205 4/1/12 366.000 Supplemental Nutrition Assistance Program: Additional Certification Functions ...... 1201 2/3/12 701.000 Transitional Cash Assistance Programs: General Policies ...... 1205 4/1/12 702.000 Transitional Cash Assistance Programs: Eligibility Process ...... 1205 4/1/12

111 CMR Massachusetts Commission for the Blind 10.00 State Supplement Program to Supplemental Security Income Program ...... 1205 4/1/12

114 CMR Division of Health Care Finance and Policy 114.3 37.00 Chronic Maintenance Dialysis Treatments and Home Dialysis Supplies ...... 1202 12/1/11 46.00 Rates for Certain Substance Abuse Programs ...... 1207 11/1/11 49.00 Rates for Early Intervention Program Services ...... 1205 4/1/12 52.00 Rates of Payment for Certain Children’s Behavioral Health Services 1205 4/1/12 114.4 17.00 Rates for Certain Elder Care Services ...... 1200 1/1/12 114.5 20.00 Pediatric Immunization Program Assessment - Emergency ...... 1200 2/1/12 - Compliance (MA Reg. # 1200) ...... 1205 2/1/12 114.6 13.00 Health Safety Net Eligible Services - Compliance (MA Reg. # 1193) 1199 10/1/11

130 CMR Division of Medical Assistance 401.000 Independent Clinical Laboratory Services - Correction (MA Reg. # 1198) ...... 1202 12/23/11 405.000 Community Health Center Services ...... 1203 3/15/12 433.000 Physician Services ...... 1203 3/15/12 450.000 Administrative and Billing Regulations - Emergency ...... 1199 1/1/12 - Compliance (MA Reg. # 1199) ...... 1205 1/1/12 - Correction (MA Reg. # 1198) ...... 1202 12/23/11 - Emergency ...... 1206 3/25/11

22 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. Effective Issue Date

506.000 Health Care Reform: MassHealth: Financial Requirements - Emergency ...... 1199 1/1/12 - Compliance (MA Reg. # 1199) ...... 1205 1/1/12 519.000 MassHealth: Coverage Types ...... 1207 5/1/12 520.000 MassHealth: Financial Eligibility - Emergency ...... 1199 1/1/12 - Compliance (MA Reg. # 1199) ...... 1205 1/1/12

209 CMR Division of Banks and Loan Agencies 56.00 Right to Cure a Mortgage Default ...... 1203 3/2/12 - Correction (MA Reg. # 1203) ...... 1205 3/2/12

220 CMR Department of Public Utilities 18.00 Net Metering ...... 1203 3/2/12 - Correction (MA Reg. # 1203) ...... 1205 3/2/12

239 CMR Board of Registration in Embalming and Funeral Directing 3.00 Registration Requirements; Standards of Business and Professional Practice ...... 1205 3/30/12

243 CMR Board of Registration in Medicine 1.00 Disciplinary Proceedings for Physicians ...... 1200 2/1/12 2.00 Licensing and the Practice of Medicine ...... 1200 2/1/12 - Correction (MA Reg.# 1200) ...... 1204 2/1/12 - Emergency ...... 1204 2/21/12 3.00 The Establishment of and Participation in Qualified Patient Care Assessment...... 1200 2/1/12

310 CMR Department of Environmental Protection 7.00 Air Pollution Control ...... 1205 3/30/12 44.00 DEP Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund ...... 1199 1/6/12 80.00 Underground Storage Tank Systems ...... 1201 2/3/12

321 CMR Division of Fisheries and Wildlife 3.00 Hunting ...... 1205 3/30/12 4.00 Fishing ...... 1207 4/27/12 10.00 Massachusetts Endangered Species Act ...... 1202 2/17/12

322 CMR Division of Fisheries and Wildlife 6.00 Regulation of Catches ...... 1204 3/16/12

330 CMR Department of Agricultural Resources 29.00 Dairy Farmer Tax Credit Program - Compliance (MA Reg. # 1194) . 1200 10/4/11 ...... 1200 1/20/12

23 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. Effective Issue Date

503 CMR Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board 2.00 UST Petroleum Product Cleanup Fund Regulations Implementing M.G.L. c. 21J ...... 1205 3/30/12

521 CMR Architectural Access Board 3.00 Jurisdiction - Emergency ...... 1202 1/25/12

527 CMR Board of Fire Prevention Regulations 9.00 Tanks and Containers - Compliance (MA Reg. # 1189) ...... 1199 7/29/11 10.00 Fire Prevention, General Provisions - Emergency ...... 1199 12/13/11 - Emergency Re-file (MA Reg. # 1199)...... 1205 12/13/11 ...... 1199 1/6/12 33.00 Hazardous Materials Process or Processing ...... 1201 2/3/12 38.00 Standards for Motion Picture and Television Production Studio Soundstages, Production Facilities, Production Locations and Activities Relating Thereto ...... 1199 1/6/12

603 CMR Department of Elementary and Secondary Education 7.00 Educator Licensure and Preparation Program Approval ...... 1201 2/3/12 48.00 Innovation Schools ...... 1202 2/17/12

760 CMR Department of Housing and Community Development 5.00 Eligibility and Selection Criteria - Emergency Re-file (MA Reg. # 1192) ...... 1199 9/16/11 - Compliance (MA Reg. # 1199) ...... 1204 9/16/11 56.00 Comprehensive Permit; Low or Moderate Income Housing ...... 1206 4/13/12 65.00 The Massachusetts Short-term Housing Transition Program - Re-file (MA Reg. # 1189)...... 1202 7/28/11

780 CMR State Board of Building Regulation and Standards 5.00 General Building Heights and Areas ...... 1201 2/3/12 9.00 Fire Protection Systems ...... 1202 2/17/12 31.00 Special Construction - Emergency...... 1199 12/16/11 - Emergency ...... 1205 3/19/12 115.00 Massachusetts Amendments to the International Building Code 2009 1201 2/3/12

801 CMR Executive Office for Administration and Finance 4.00 Rates...... 1205 3/30/12 ...... 1207 4/27/12

807 CMR Teachers’ Retirement Board 21.00 Maternity Service Purchases ...... 1207 4/27/12

24 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. Effective Issue Date

830 CMR Department of Revenue 62.00 Income Tax ...... 1205 3/30/12

940 CMR Office of the Attorney General 7.00 Debt Collection Regulations ...... 1203 3/2/12

950 CMR Office of the Secretary of the Commonwealth 12.200 Registration of Broker-dealer, Agents, Investment Adviser, Investment Adviser Representatives and Notice Filing Procedures for Federal Covered Advisers ...... 1201 2/3/12 130.000 Administration of Address Confidentiality Program - Emergency ... 1205 3/15/12

961 CMR State Lottery Commission 2.00 Rules and Regulations - Emergency ...... 1200 1/15/12 - Compliance (MA Reg. # 1200) ...... 1207 1/15/12 Rules and Regulations - Emergency ...... 1205 3/13/12 - Compliance (MA Reg. # 1205) ...... 1205 3/13/12

965 CMR Pilot Commissioners 4.00 Pilots and Pilotage in District Three Massachusetts ...... 1205 3/30/12

25 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. Docket # 3369

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Notice of Correction Secretary of the Commonwealth Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 106 CMR 204.000

CHAPTER TITLE: Transitional Aid to Families with Dependent Childen: Financial Eligibility

AGENCY: Department of Transitional Assistance

ORIGINAL PUBLICATION REFERENCE: 1205 Date: 03/30/2012

SUMMARY OF CORRECTION: Correction to filing of 106 CMR 204.250. Corrects page instructions.

AGENCY CONTACT: Dana Stancill, Regulation Specialist PHONE: 617 348 5915

ADDRESS: 600 Washington Street, Boston MA 02111

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST: SIGNATURE: SIGNATURE ON FILE DATE: Apr 10 2012 Publication To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012 EFFECTIVE DATE: 04/01/2012

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 209, 210 209, 210

04/10/2012 cm

204.240: continued

(b) If the total of 106 CMR 204.240(D)(l)(a) is less than or equal to the appropriate Need Standard for the assistance unit, the assistance unit remains eligible and the income is deducted from the Need Standard. (c) If the total of 106 CMR 204.240(D)(l)(a) is greater than the appropriate Need Standard for the assistance unit, the assistance unit is ineligible. (2) The period of ineligibility is determined as follows: (a) Divide the total income in 106 CMR 204.240(D)(l)(a) by the appropriate Need Standard for the assistance unit. The result will be the number of months in the period of ineligibility. (b) Any remainder in 106 CMR 204.240(D)(2)(a) shall be considered unearned income in the first month following the period of ineligibility and is deducted from the appropriate Need Standard for the assistance unit, provided there is a reapplication for assistance during that month. (c) The period of ineligibility begins with the first day of the cyclical month of receipt of the lump sum income. Any assistance received during the ineligibility period shall be considered an overpayment in accordance with 106 CMR 706.200 et seq.

(E) Change in Circumstances. Once a determination of the period of ineligibility is made in accordance with 106 CMR 204.240(D), the period of ineligibility remains in effect for all members of the filing unit except in situations resulting in recalculation as specified in 106 CMR 204.240(F). Changes in income for members of the filing unit shall not alter the period of ineligibility for any of the members of the ineligible assistance unit. A new member(s) to the assistance unit during the period of ineligibility, if otherwise eligible, shall receive a grant amount equal to the appropriate Need Standard less any countable deductible income during the remainder of the period of ineligibility.

(F) Situations Resulting in Recalculation. The period of ineligibility cannot be altered or recalculated for any member(s) of the ineligible assistance unit, except in the situations as described below. Recalculation can only be done retroactive to the month in which the event that caused the recalculation occurred. The ineligibility period may only be eliminated or shortened for the remaining months when: (1) The Standard of Need is increased or changed for the ineligible assistance unit in accordance with 106 CMR 204.410; (2) The lump sum income was used to pay for day-to-day living expenses and obligations in accordance with 106 CMR 204.240(B)(4); Verification shall be in accordance with 106 CMR 204.240(B)(4). (3) As a direct result of a natural disaster, the ineligible assistance unit was required to spend all or a portion of the lump sum income on day-to-day living expenses as specified in 106 CMR 204.240(B)(4), and/or shelter, fuel, utilities, food and/or clothing costs above those amounts paid by the ineligible assistance unit for such costs the month immediately preceding the month in which the disaster occurred; provided, however, that the additional costs shall be limited to the lesser of the actual costs or $2500. Verification of the natural disaster shall be a copy of a written report from the fire or police department or the Red Cross . Verification of the day-to-day living expenses shall be in accordance with 106 CMR 204.240(B)(4). (4) As a direct result of a natural disaster, the ineligible assistance unit no longer has access to the lump sum income and is unable to pay for the day-to-day living expenses specified in 106 CMR 204.240(B)(4) and/or shelter, fuel, utilities, food and/or clothing costs equal to or less than those paid by the ineligible assistance unit for the month immediately preceding the month in which the disaster occurred. Verification of the natural disaster shall be a copy of a written report from the fire or police department or the Red Cross. Verification of the day-to-day living expenses shall be in accordance with 106 CMR 204.240(B)(4).

2/21/97 (Effective 3/1/97) 106 CMR - 209 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. 106 CMR: DEPARTMENT OF TRANSITIONAL ASSISTANCE

204.240: continued

(5) As a result of an abusive relationship, the ineligible assistance unit was required to spend the lump sum income on day-to-day living expenses as specified in 106 CMR 204.240(B)(4), and/or shelter, fuel, utilities, food and/or clothing; or the assistance unit no longer has access to the lump sum income and is unable to pay for day-to-day living expenses as specified in 106 CMR 204.240(B)(4), and/or shelter, fuel, utilities, food and/or clothing; Verification of an abusive relationship shall be a copy of court, medical, criminal, child protective services, battered victim's services, or law enforcement records that indicate the parent or absent parent might inflict physical or emotional harm on the child or relative if the ineligible assistance unit attempted to obtain access to the lump sum income. Verification of the day-to-day living expenses shall be in accordance with 106 CMR 204.240(B)(4). (6) The lump sum income was used to pay for food, not to exceed the maximum food stamp coupon allotment for a family of that size, provided the assistance unit is not otherwise eligible for food stamps.

(G) Ineligibility for TAFDC. Any member of the filing unit who is determined to be ineligible for Emergency Aid to the Elderly, Disabled and Children (EAEDC) due to lump sum income shall be concurrently ineligible for TAFDC.

204.250: Noncountable Income

106 CMR 204.250 lists income that shall not be counted in either the test of financial eligibility or the calculation of the grant amount. Additional income that is not countable under certain circumstances but is countable under others is listed in 106 CMR 204.260. The following types of income are never countable:

(A) All income of any member of the household: (1) who receives Supplemental Security Income (SSI); (2) who receives State Supplement Program (SSP) benefits; (3) for whom state and/or federal foster-care maintenance payments are being provided, including the child of the foster child when the foster-care maintenance payment includes the child; or (4) for whom state and/or federal adoption assistance is provided except when the person is included as a member of the assistance unit in accordance with 106 CMR 204.305(E)(3);

(B) The first $600 received as lump sum income as specified in 106 CMR 204.240(A)(3) is noncountable income in the month of receipt;

(D) The cash value of USDA-donated SNAP benefits or surplus commodities;

(E) Payments under the Nutrition Program for the Elderly (Title VII of the Older Americans Act of l965);

(F) The value of assistance received under the Child Nutrition Act of 1966 and the National School Lunch Act;

(G) Home produce for consumption by members of the filing unit and their families;

(H) The first $130 per month of training stipends including, but not limited to payments from the Department of Employment and Training (DET) or the Massachusetts Rehabilitation Commission (MRC). The balance of the stipend is treated as unearned income, which is countable unless specified as noncountable under another provision of 106 CMR 204.250;

(I) Reimbursement payments for education and/or training-related expenses received from participation in the Employment Services Program (ESP), in JTPA programs, or from other agencies and organizations that are nonduplicative of TAFDC payments and are provided for specific goods or services. Such reimbursement payments include, but are not limited to, transportation allowances, child-care costs, and the costs of books, supplies, or uniforms;

4/27/12 (Effective 4/1/12) - corrected 106 CMR - 210 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. Docket # 5,891

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 114.3 CMR 46.00

CHAPTER TITLE: Rates for Certain Substance Abuse Programs

AGENCY: Division of 114.3 CMR Health Care Finance and Policy

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 114.3 CMR 46.00 governs payment rates for certain substance abuse services provided to publicly-aided individuals, and to individuals covered by the Workers Compensation Act. The amendments are effective on November 1, 2011.

REGULATORY AUTHORITY: M.G.L. c. 118G

AGENCY CONTACT: Nancy Panaro, General Counsel PHONE: (617) 988-3128

ADDRESS: Two Boylston Street, Boston, MA 02116-4704

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. Marilyn Contreas (10/7/11) John Robertson (10/7/11) Dept of Housing and Community Development Mass Municipal Association 100 Cambridge Street, Suite 300 One Winthrop Square

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.

Date of public hearing or comment period: November 16, 2011

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.

Date amended small business impact statement was filed: N/A

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: Rates for Certain Substance Abuse Programs

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE: SIGNATURE ON FILE DATE: Apr 13 2012

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012

EFFECTIVE DATE: 11/01/2011

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 15, 16 15, 16 1469 - 1474.2 1469 - 1474.4

04/13/2012 mrs

114.3 CMR 46.00: RATES FOR CERTAIN SUBSTANCE ABUSE PROGRAMS

Section

46.01: General Provisions 46.02: Definitions 46.03: Filing and Reporting Requirements 46.04: Rate Provisions 46.05: Severability

46.01: General Provisions

(1) Scope. 114.3 CMR 46.00 governs rates of payment to be used by all Governmental Units making payment to Eligible Providers of certain substance abuse services to Publicly Assisted Clients. The rates for health care services set forth in 114.3 CMR 46.00 also apply to individuals covered by the Workers' Compensation Act, M.G.L. c. 152.

(2) Disclaimer of Authorization of Services. 114.3 CMR 46.00 is neither authorization for nor approval of the substantive services for which rates are determined pursuant to 114.3 CMR 46.00. Governmental Units which purchase services from Eligible Providers are responsible for the definition, authorization, and approval of services extended to Publicly Assisted Clients.

(3) Effective Date. 114.3 CMR 46.00 shall be effective November 1, 2011.

(4) Coding Updates and Corrections. The Division may publish procedure code updates and corrections in the form of an Administrative Bulletin. 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) Deleted codes for which there are no corresponding new codes; and (c) Codes for entirely new services that require pricing. The Division will list these codes and apply individual consideration (I.C.) reimbursement for these codes until appropriate rates can be developed.

(5) Administrative Information Bulletins. The Division may issue administrative information bulletins to clarify its policy on and understanding of substantive provisions of 114.3 CMR 46.00.

(6) Authority. 114.3 CMR 46.00 is adopted pursuant to M.G.L. c. 118G.

46.02: Definitions

Meaning of Terms. As used in 114.3 CMR 46.00, unless the context requires otherwise, terms shall have the meanings ascribed in 114.3 CMR 46.02.

Acute Treatment Provider (ATP). An Eligible Provider of Acute Treatment Services.

Acute Treatment Services (Inpatient). Those medically managed and/or monitored acute intervention and stabilization services that provide supervised detoxification to individuals in acute withdrawal from alcohol or other drugs and address the biopsychosocial problems associated with alcoholism and other drug addictions requiring a 24-hour supervised inpatient stay.

Approved Program Rate. The rate per service unit approved by the Division and filed with the Secretary of the Commonwealth.

Case Consultation. A meeting with a professional of another agency to resolve treatment issues or to exchange other relevant client information. Case consultation may be billed only for face to face meetings that are necessary as a result of the inability or inappropriateness of other forms of communication, such as telephone and letter. Such circumstances and services must be documented in the recipient's record and be available as part of any record audit that the purchasing agency may perform.

4/27/12 (Effective 11/1/11) 114.3 CMR - 1469 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.02: continued

Case Management. Services, as specified by the MassHealth program, which coordinate the substance abuse treatment of pregnant women with other medical and community services that are critical to the needs of the woman and her pregnancy. Case Management is billable only for women enrolled in the Day Treatment Program. Service is limited to one hour per week per enrollee, provided in no less than 15-minute increments.

Client Resources. Revenue received in cash or in kind from Publicly Assisted Clients to defray all or a portion of the cost of program services. Client resources may include payments made by Publicly Assisted Clients to defray the room and board expense of residential services, clients' food stamps, or payments made by clients according to ability to pay or sliding fee scale.

Clients. Recipients of service units within a program.

Clinically Managed Detoxification Services. Medical assessment, intensive counseling, and case management services to clients who are not intoxicated or have been safely withdrawn from alcohol or other drugs or are addicted to a drug that does not require medical withdrawal. These clients require a 24-hour supervised inpatient stay to address the acute emotional, behavioral, or biomedical distress resulting from an individual's use of alcohol or other drugs. This level of service includes four hours of nursing service seven days per week. These services are governed by the Massachusetts Department of Public Health Regulation 105 CMR 164.133(A)(1)(c).

Cost Report. The document used to report costs and other financial and statistical data. The Uniform Financial Statements and Independent Auditor's Report (UFR) are used when required.

Couple Counseling. Therapeutic counseling provided to a couple whose primary complaint or concern is disruption of their relationship or family due to substance abuse.

Day Treatment. A highly structured substance abuse treatment day program that meets the service criteria set forth by the Massachusetts Department of Public Health pursuant to 105 CMR 164.231, 164.232(A), (B) and (C) and MassHealth. A Day Treatment Program operates at least three and one half hours per day, five days per week.

Division. The Division of Health Care Finance and Policy established under M.G.L. c. 118G.

Driver Alcohol Education. The program of services, provided through licensed outpatient substance abuse counseling programs, legislated by M.G.L. c. 90, § 24D to first offender drunk drivers adjudicated in Massachusetts courts.

Driver Alcohol Education Residential. The program of services described in M.G.L. c. 90, § 24 and provided though licensed residential counseling programs to second offender drunk drivers adjudicated in Massachusetts courts.

Educational/Motivational Session. A meeting between staff of a Driver Alcohol Education Program and not more than 12 clients. Clients are required to participate in 32 hours of this interactive group programming either in 16 two-hour groups or 21 90-minute groups.

Eligible Provider. Any individual, group, partnership, trust, corporation or other legal entity that offers services for purchase by a Governmental Unit and that meets the conditions of purchase or licensure that have been or may be adopted by a purchasing Governmental Unit.

Enhanced Acute Treatment Services. A program to detoxify pregnant women from alcohol or drugs that involves special medical protocols to address the needs of pregnancy and that includes other medical and support components to ensure quality of both substance abuse treatment and obstetrical care.

Established Charge. The lowest fee that is charged or accepted as payment by the Eligible Provider to the general public or any third party payer, other than a Governmental Unit, for the provision of services. Fees based upon the client's ability to pay, as in the case of a sliding fee scale, and fees subject to Division review and approval are not deemed to be established charges.

4/27/12 (Effective 11/1/11) 114.3 CMR - 1470 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.02: continued

Family Counseling. The therapeutic counseling of more than one member of a family at the same time in the same session, where the primary complaint or concern is disruption of the family due to substance abuse.

Governmental Unit. The Commonwealth, any board, commission, department, division, or agency of the Commonwealth and any political subdivision of the Commonwealth.

Group Counseling. Therapeutic counseling to an unrelated group of people having a common problem or concern which is associated with substance abuse.

Individual Assessment Session. A meeting between staff of a Driver Alcohol Education Program and an individual client to explore the client's drinking habits and to place the client in the appropriate educational track in the group programs.

Individual Counseling. A therapeutic meeting between an individual whose primary complaint or concern is substance abuse in him or herself or a significant other, and the staff of an Eligible Provider.

Medical Services Visit. A medical services visit to an opioid treatment program includes medical assessment, medical case management, and dispensing of medication to opiate addicted individuals who require support of opioid substitution therapy, as noted in the Department of Public Health's standard RFR program description of Opioid Treatment Programs and pursuant to 105 CMR 164.302 and 164.303.

Medically Monitored Inpatient Detoxification Services. Acute detoxification and related treatment services provided to individuals whose current or potential withdrawal symptoms constitute a risk to the patient's health and well-being and require medical monitoring. These services are governed by the Massachusetts Department of Public Health Regulation 105 CMR 164.133(A)(1)(b).

Operating Agency. An individual, group partnership, corporation, trust or other legal entity that operates a program.

Opioid Treatment. Opioid Treatment offers medically monitored treatment services for opiate-addicted clients and combines medical and pharmacological interventions with professional counseling, education, and vocational services. Services are offered on both a short-term (detoxification) and long-term (treatment) basis. Any individuals who are addicted to opiate drugs and are medically screened as appropriate are eligible.

Pay for Performance. A value-based purchasing program implemented by a Purchasing Governmental Unit to pay providers to perform activities related to improving the quality of care delivered to clients.

Publicly Assisted Client. A person who receives program services for which a Governmental Unit is liable, in whole or in part, under a statutory program of financial assistance.

Purchasing Governmental Unit. A Governmental Unit that has purchased or is purchasing service units from an Eligible Provider.

Related Party. A person or organization that is associated or affiliated with, has control of, or is controlled by the operating agency or any director, stockholder, partner, or administrator of the operating agency by common ownership or control or in a manner specified in §§ 267(b) and (c) of the Internal Revenue Code of 1954 as amended, provided, however, that 10% is the operative factor as set out in §§ 267(b)(2) and (3) and provided further that the definition of "family members" found in § 267(c)(4) of said code includes for the purpose of 114.3 CMR 46.00: (a) Husband and wife; (b) Natural parent, child, and sibling; (c) Adopted child and adoptive parent;

4/27/12 (Effective 11/1/11) 114.3 CMR - 1471 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.02: continued

(d) Stepparent and stepchild; (e) Father in law, mother in law, sister in law, brother in law, son in law, and daughter in law; and (f) Grandparent and grandchild.

Reporting Year. The Operating Agency's fiscal year for which costs incurred are reported to the Operational Services Division on the Uniform Financial Statements and Independent Auditor's Report (UFR), normally July 1st to June 30th.

Residential Rehabilitation. The program of services defined as organized substance abuse treatment and education services featuring a planned program of care in a 24-hour residential setting. These services are provided to clients who require safe and stable living environments in order to develop their recovery skills. Types of residential rehabilitation services are those designed for: adult individuals, adults with their families, adolescents, and driving under the influence second offenders pursuant to Massachusetts Department of Public Health Regulation 105 CMR 164.000: Licensure of Substance Abuse Treatment Programs.

Substance Abuse Outpatient Counseling. The services defined in the Massachusetts Department of Public Health Regulation 105 CMR 164.200.

Transitional Support Services. Residential case management services provided to bridge the gap between detoxification and residential rehabilitation and/or community ambulatory aftercare services. This level of service includes four hours of nursing service seven days per week.

Transitional Support Services with Special Programming for Women. Residential case management services provided to bridge the gap between detoxification and residential rehabilitation and/or community ambulatory aftercare services, which services focus on the unique needs of women; are structured in a smaller residential setting (16 versus 36 beds); and offer more intensive services (more counseling and smaller staff/client ratio).

Treatment for Civilly-committed Persons Add-on. Enhanced level of care includes transportation, extra medical, psychiatric, recovery specialist care, family counseling, and additional administrative staff for the intake for all civilly-committed persons in the Commonwealth. May be purchased in addition to Medically Monitored Detoxification Services, Clinically Managed Detoxification Services and Transitional Support Services for individuals who have been civilly committed by a district court of the Commonwealth, under M.G.L. c. 123, § 35.

46.03: Filing and Reporting Requirements

(1) Reporting for Annual Review. Unless exempted in 114.3 CMR 46.03, each Operating Agency shall on or before the 15th day of the fifth month after the end of its fiscal year, submit to the Division: (a) A copy of its Uniform Financial Statement and Independent Auditor's report completed in accordance with the filing requirements of the Operational Services Division, Executive Office for Administration and Finance. (b) Supplemental program questionnaire, if requested by the Division.

(2) Penalties. (a) Reduction of Approved Rate. An Operating Agency's Approved Rate may be reduced by 25% of the Approved Rate for the number of late days, subject to the approval of the purchasing Governmental Unit. Late days shall be defined as the total number of days between the Operating Agency's due date for filing a completed Cost Report package as defined in 114.3 CMR 46.03(1) and the date the Operating Agency's completed Division Cost Report package as defined in 114.3 CMR 46.03(1) is received by the Division.

4/27/12 (Effective 11/1/11) 114.3 CMR - 1472 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.03: continued

(b) Additional Information Requested by the Division. Each Operating Agency shall file such additional information as the Division may from time to time require no later than 21 days after the date of mailing of that written request. If the Division's request for the missing information and/or documentation is not fully satisfied through the submission of written explanation(s) and/or documentation within 21 days of the mailing of that request, all costs relative to that request shall be excluded from rate development.

(3) General Provisions. (a) Accurate Data. All reports, schedules, additional information, books, and records that are filed or made available to the Division shall be certified under pains and penalties of perjury as true, correct and accurate by the Executive Director or Chief Financial Officer of the Operating Agency. (b) Examination of Records. Each Operating Agency shall make available all records relating to its operation and all records relating to a realty service or related party or holding company or any entity in which there may be a common ownership or interrelated directorate upon request of the Division for examination. (c) Field Audits. The Division may from time to time conduct a field audit. The Division shall make reasonable attempts to schedule an audit at the mutual convenience of both parties.

46.04: Rate Provisions

(1) Services Included in the Rate. The approved rate shall include payment for all care and services that are part of the program of services of an Eligible Provider, as explicitly set forth in the terms of the purchase agreement between the Eligible Provider and the purchasing Governmental Unit(s).

(2) Rates as Full Payment. Each Eligible Provider shall, as a condition of acceptance of payment made by any purchasing Governmental Units for services rendered, accept the approved program rate as full payment and discharge of all obligations for the services rendered. 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 Assisted Client.

(3) Payment Limitations. No purchasing Governmental Unit may pay less than or more than the approved program rate except as provided in 114.3 CMR 46.04(2) and (5).

(4) Approved Program Rates. The rate of payment for authorized services shall be the lower of the established charge or rate listed below. Refer to purchasers' manuals for special coding instructions and limitations on number of units.

Code Rate Description

Inpatient Services H0010 $183.44 Alcohol and/or drug services; sub-acute detoxification (residential addiction program inpatient)(Clinically Managed Detoxification Services) H0011 $286.83 Alcohol and/or drug services; acute detoxification (Medically Monitored Inpatient Detoxification Services)(Facility with 37 or fewer licensed beds) H0011 $258.58 Alcohol and/or drug services; acute detoxification (Medically Monitored Inpatient Detoxification Services)(Facility with more than 37 licensed beds) H0011-H9 $34.09 Alcohol and/or drug services; acute detoxification (Treatment for Civilly-committed Persons Add-on)

Residential Services H0018 $122.07 Behavioral health; short-term residential (nonhospital residential treatment program), without room and board, per diem (includes room and board) (Transitional Support Services) H0018-HK $128.22 Behavioral health; short-term residential (nonhospital residential treatment program), without room and board, per diem (includes room and board) (Transitional Support Services with Special Programming for Women)

4/27/12 (Effective 11/1/11) 114.3 CMR - 1473 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.04: continued

Code Rate Description (continued)

H0018-H9 $75.00 Behavioral health; short-term residential (nonhospital residential treatment program), without room and board, per diem (includes room and board) (Driver Alcohol Education Residential) H2034 $75.00 Alcohol and/or drug abuse halfway house services, per diem (Residential Rehabilitation)

Opioid Treatment Services Medical Services Visit H0020 $10.21 Alcohol and/or drug services; methadone administration and/or service (provision of the drug by a licensed program); (dose only visit) Counseling H0020-TF $27.59 Alcohol and/or drug services; methadone administration and/or service (provision of the drug by a licensed program); (intermediate level of care); (individual, per 30 minute unit, two units maximum per session)

H0020-HR $33.12 Alcohol and/or drug services; methadone administration and/or service (provision of the drug by a licensed program); (family/couple with client present, per 30 minute unit, two units maximum per session) H0020-HQ $10.74 Alcohol and/or drug services; methadone administration and/or service (provision of the drug by a licensed program); (group setting); (per 45 minute unit, two units maximum per session)

Ambulatory Services Outpatient Counseling 90882-HF $27.59 Environmental intervention for medical management purposes on a psychiatric patient's behalf with agencies, employers, or institutions; (substance abuse program) (per 30 minute unit, two units maximum per session) (case consultation) H0001 $13.79 Alcohol and/or drug assessment (per 15 minute unit, four units maximum per session) H0004 $13.79 Behavioral health counseling and therapy, per 15 minutes; (individual counseling, four units maximum per session) H0005 $10.74 Alcohol and/or drug services; group counseling by a clinician; (per 45 minute unit, two units maximum per session) T1006 $33.12 Alcohol and/or substance abuse services; family/couple counseling (per 30 minute unit, two units maximum per session) Driver Alcohol Education H0001-H9 $13.79 Alcohol and/or drug assessment (court-ordered) (per 15 minute unit, six units maximum per session) H0004-H9 $13.79 Behavioral health counseling and therapy, per 15 minutes (court-ordered); (individual, six units maximum per session) H0005-H9 $7.16 Alcohol and/or drug services; group counseling by a clinician (court-ordered); (per 30 minute unit, four units maximum per session)

Day Treatment H2012-HF $14.91 Behavioral health day treatment, per hour (substance abuse program); (3.5 hours per day)

Services for Pregnant/Postpartum Recipients Inpatient Services H0011-HD $305.55 Alcohol and/or drug services; acute detoxification; (Medically Monitored Inpatient Detoxification Services; pregnant/parenting women's program; Facility with 37 or fewer licensed beds) H0011-HD $277.30 Alcohol and/or drug services; acute detoxification; (Medically Monitored Inpatient Detoxification Services; pregnant/parenting women's program; Facility with more than 37 licensed beds)

4/27/12 (Effective 11/1/11) 114.3 CMR - 1474 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.04: continued

Code Rate Description (continued)

Outpatient Services H0004-HD $13.79 Behavioral health counseling and therapy, per 15 minutes; (pregnant/parent women's program) (individual counseling, four units maximum per session) H0005-HD $10.74 Alcohol and/or drug services; group counseling by a clinician; (pregnant/parenting women's program); (per 45 minute unit, two units maximum per session) H0006-HD $8.00 Alcohol and/or drug services; case management (pregnant/parenting women's program); (per 15 minute unit, four units maximum per day) T1006-HD $33.12 Alcohol and/or substance abuse services; family/couple counseling (pregnant/parenting women's program); (per 30 minute unit, two units maximum) Day Treatment H1005 $55.17 Prenatal care, at-risk enhanced service package (includes H1001-H1004) (prenatal care, at risk enhanced service, antepartum management, care coordination, education, follow-up home visit) (individual counseling, one hour unit, one unit maximum per day) H1005-HQ $59.64 Prenatal care, at-risk enhanced service package (includes H1001-H1004) (prenatal care, at risk enhanced service, antepartum management, care coordination, education, follow-up home visit) (group setting); (per four hour unit, one unit maximum per day)

(5) Pay for Performance (P4P) Incentive Payments - Acute Treatment Services. Subject to a Purchasing Governmental Unit's determination of the availability of funds, eligible ATPs receive incentive payments through the Pay for Performance (P4P) Program as defined by the purchasing governmental unit and as follows: (a) Performance Indicators. 1. Each performance indicator is calculated to produce aggregate numbers that will be used to establish baseline information, attainment thresholds and performance benchmarks, relative to the distribution of ATPs. Performance indicator rates are calculated by dividing the numerator by the denominator for each measure to obtain a percentage. A measure's denominator is the number of clients served by an ATP who are eligible for the performance measure and the numerator is the subset of the denominator who meets the measure's specific performance criteria. 2. Payment Eligibility. To be eligible for payment for a Performance Indicator an ATP must: a. be an Eligible Provider as of a certain date, the date to be established by the Purchasing Governmental Unit on an annual basis; and b. have a minimum number (minimum to be established by the Purchasing Governmental Unit) of clients who must meet specific Performance Indicator criteria during the date range for which performance is being measured. 3. Performance Score. For each Performance Indicator for which the ATP is eligible per 114.3 CMR 46.04(5)(a), ATPs will earn points for either achieving a benchmark or for improving their performance over their previous year's performance. Points will be awarded to an ATP for each indicator, according to the methodologies noted below: a. Attainment Points: ATPs may earn points based on the where the ATP's performance falls, relative to the attainment threshold and to the benchmark set for each Performance Indicator. The attainment threshold is set at the median of all ATPs' performance rates. The benchmark is set at the 75th percentile of all ATPs' performance rates. ATPs will receive attainment points between the range of zero and ten for each Performance Indicator, as noted below: i. If an ATP's performance rate is below the attainment threshold, it will receive zero attainment points. ii. If an ATP's performance rate is greater than or equal to the benchmark it will receive ten attainment points. iii. If an ATP's performance rate is below the benchmark, but at or above the attainment threshold, the ATP will receive anywhere from one to ten attainment points, as calculated using the following formula:

4/27/12 (Effective 11/1/11) 114.3 CMR - 1474.1 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.04: continued

ATP's Attainment Points =

b. Improvement Points: ATPs may earn improvement points if the ATP has demonstrated improvement from its previous year's performance rate. The ATP's improvement points will be calculated based on the following formula:

ATP's Improvement Points =

c. ATP Awarded Points: For each Performance Indicator, the awarded points is the higher of the attainment or improvement points earned by the ATP. In no event will the number of points awarded exceed ten for each Performance Indicator. Each Performance Indicator's awarded points are then summed across all the indicators an ATP is eligible for to determine the total awarded points for an ATP.

ATP Awarded Points = (Points Awarded Indicator1) + (Points Awarded Indicator 2) + ………(Points Awarded Indicator N)

d. ATP Potential Points: The total potential points for an ATP is determined by multiplying the number of Performance Indicators the ATP is eligible for (see 114.3 CMR 46.04(5)(a)) by the maximum number of points per Performance Indicator (ten).

Potential Points = (Number of Performance Indicators for which an ATP is Eligible) X 10

e. ATP Performance Score: The ATP's performance score reflects a percentage between 0% and 100%. The ATP awarded points is divided by the ATP potential points to obtain the ATP performance score based on the following formula:

ATP Performance Score = (ATP Awarded Points) / (ATP Potential Points)

4. Per Client Payment Amount. The per client payment amount is determined as follows: a. The per client payment amount is determined by dividing the aggregate dollar figure determined by the Purchasing Governmental Unit(s) to be available for incentive payments by the statewide adjusted clients calculated as described below.

Per Client Payment Amount = Aggregate Dollar Amount Available for Incentive Payments Statewide Adjusted Clients

i Statewide Adjusted Clients. The statewide adjusted clients figure is calculated by summing over all ATPs, each ATP's adjusted clients number.

Statewide Adjusted Clients = (ATP 1 Adjusted Clients) + (ATP 2 Adjusted Clients) + …… (ATP N Adjusted Clients)

ii. ATP Adjusted Clients. Each ATP's number of clients served during the measurement period is multiplied by the ATP's Performance Score to derive the "adjusted clients" figure.

4/27/12 (Effective 11/1/11) 114.3 CMR - 1474.2 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

46.04: continued

5. ATP Total Performance Indicator Payment Amount. An ATP's Performance Indicator incentive payment is calculated as the product of: a. the ATP's Performance Score calculated as per 114.3 CMR 46.04(5)(a)3.; b. the number of ATP clients served during the measurement period; and c. the per member payment amount that is calculated as per 114 CMR 46.04(4)

ATP Total Performance Indicator Payment Amount = (ATP Performance Score) x (number of ATP clients served) x (Per Member Payment Amount)

46.05: Severability

The provisions of 114.3 CMR 46.00 are severable. If any provision of 114.3 CMR 46.00 or application of such provision to any Eligible Provider or fiscal intermediary is held invalid or unconstitutional, such determination will not affect the validity or constitutionality of any remaining provisions of 114.3 CMR 46.00 or application of such provisions to Eligible Providers or fiscal intermediaries in circumstances other than those held invalid.

REGULATORY AUTHORITY

114.3 CMR 46.00: M.G.L. c. 118G.

4/27/12 (Effective 11/1/11) 114.3 CMR - 1474.3 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. 114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICY AMBULATORY CARE

NON-TEXT PAGE

4/27/12 (Effective 11/1/11) 114.3 CMR - 1474.4 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. Docket # 912

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 130 CMR 519.000

CHAPTER TITLE: MassHealth: Coverage Types

AGENCY: Division of Medical Assistance

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. The regulations about the Home- and Community-Based Services Waiver for Persons with Mental Retardation are being revised to replace that waiver with three Home- and Community-Based Services Waivers for Persons with an Intellectual Disability (HCBSW/ID).

REGULATORY AUTHORITY: M.G.L. c. 118E, ss. 7 and 12

AGENCY CONTACT: Sharon Johnson, MassHealth Publications PHONE: 617-847-3309

ADDRESS: 100 Hancock Street, Quincy, MA 02171

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. Executive Order 485: 06/01/11 Executive Office of Communities and Development: 02/03/12 Massachusetts Municipal Association: 02/03/12

Date of public hearing or comment period: 06/24/11-07/25/11

For the first five years:

No fiscal effect: There are no fiscal effects.

Date amended small business impact statement was filed: 01/25/12

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: N/A

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE: SIGNATURE ON FILE DATE: Apr 6 2012

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012

EFFECTIVE DATE: 05/01/2012

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 23, 24 23, 24 793 - 794.4 793 - 794.6

04/13/2012 mrs

130 CMR 515.000: MASSHEALTH: GENERAL POLICIES (continued)

Section 515.004: Administration of MassHealth 777 Section 515.005: Receiving Public Assistance from Another State 778 Section 515.007: Rights of Applicants and Members 778 Section 515.008: Responsibilities of Applicants and Members 778.1 Section 515.009: Referrals to Investigative Units 778.1 Section 515.010: Recovery of Overpayment of Medical Benefits 778.1 Section 515.011: Estate Recovery 778.2 Section 515.012: Real Estate Liens 778.4 Section 515.013: Voter Registration 778.5 Section 515.014: Long-term-care Insurance Minimum Coverage Requirements for MassHealth Exemptions 778.5

130 CMR 516.000: MASSHEALTH: THE ELIGIBILITY PROCESS 779

Section 516.001: Overview 779 Section 516.002: Date of Application 780 Section 516.003: Matching Information 780 Section 516.004: Time Standards for Eligibility Determination 780 Section 516.005: Coverage Date 780 Section 516.006: Eligibility Determination 780 Section 516.007: Notice 781 Section 516.008: Voluntary Withdrawal 781 Section 516.009: Issuance of a MassHealth Card 781

130 CMR 517.000: MASSHEALTH: UNIVERSAL ELIGIBILITY REQUIREMENTS 783

Section 517.001: Overview 783 Section 517.002: Residence 783 Section 517.003: Residence of Institutionalized Individuals 783 Section 517.004: Persons in Penal Institutions 784 Section 517.005: Persons Institutionalized for Mental Disease 784 Section 517.006: Social Security Number 784 Section 517.007: Utilization of Potential Benefits 784 Section 517.008: Potential Sources of Health Care 785 Section 517.009: Assignment of Rights to Medical Support and Third-party Payments 785 Section 571.010: Assignment of Rights to Spousal Support 785 Section 517.011: Assignment for Third-party Recoveries 786

130 CMR 518.000: MASSHEALTH: CITIZENSHIP AND IMMIGRATION 787

Section 518.001: Introduction 787 Section 518.002: Requirements 787

130 CMR 519.000: MASSHEALTH: COVERAGE TYPES 789

Section 519.001: Introduction 789 Section 519.002: MassHealth Standard 789 Section 519.003: Pickle Amendment Cases 790 Section 519.004: Disabled Adult Children 791 Section 519.005: Community Residents Aged 65 and Older 791 Section 519.006: Long-term-care Residents 791 Section 519.007: Individuals who Would be Institutionalized 792 Section 519.009: MassHealth Limited 794.4 Section 519.010: MassHealth Senior Buy-in 794.4 Section 519.011: MassHealth Buy-in 794.5 Section 519.012: MassHealth CommonHealth 795 Section 519.013: MassHealth Essential 796

4/27/12 130 CMR - 23 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

Table of Contents Page

130 CMR 520.000: MASSHEALTH: FINANCIAL ELIGIBILITY 797

Section 520.001: Introduction to General Financial Requirements 797 Section 520.002: Financial Responsibility 797 Section 520.003: Asset Limit 798 Section 520.004: Asset Reduction 798 Section 520.005: Ownership of Assets 799 Section 520.006: Inaccessible Assets 800 Section 520.007: Countable Assets 800 Section 520.008: Noncountable Assets 807 Section 520.009: Countable-income Amount 808 Section 520.010: Business Expenses 809 Section 520.011: Standard Income Deductions 810 Section 520.012: Community Earned-income Deductions 810 Section 520.013: Community Unearned-income Deductions 810 Section 520.014: Long-term-care Earned-income Deductions 810 Section 520.015: Noncountable Income 811 Section 520.016: Long-term-care: Treatment of Assets 811 Section 520.017: Right to Appeal the Asset Allowance or Minimum-monthly- maintenance-needs Allowance 812 Section 520.018: Transfer of Resources Regardless of Date of Transfer 814.1 Section 520.019: Transfer of Resources Occurring on or after August 11, 1993 814.1 Section 520.021: Treatment of Trusts 818.1 Section 520.022: Trusts or Similar Legal Devices Created before August 11, 1993 818.1 Section 520.023: Trusts or Similar Legal Devices Created on or after August 11, 1993 818.2 Section 520.024: General Trust Rules 818.3 Section 520.025: Long-term-care Income Standard 818.4 Section 520.026: Long-term-care General Income Deductions 818.4 Section 520.027: Long-term-care Deductible 818.7 Section 520.028: Eligibility for a Deductible 818.7 Section 520.029: The Deductible Period 818.8 Section 520.030: Calculating the Deductible 818.8 Section 520.031: Notification of Potential Eligibility 818.8 Section 520.032: Submission of Bills to Meet the Deductible 818.8 Section 520.033: Verification of Medical Expenses 818.9 Section 520.034: Interim Changes 818.9 Section 520.035: Conclusion of the Deductible Process 818.9 Section 520.036: Copayments Required by MassHealth 818.10 Section 520.037: Copayment and Cost Sharing Requirement Exclusions 818.10 Section 520.038: Services Subject to Copayments 818.10 Section 520.039: Members Unable to Pay Copayment 818.11 Section 520.040: Calendar-year Maximum 818.11

130 CMR 521.000: MASSHEALTH: RELATED PROGRAM BENEFITS 819

Section 521.001: Introduction 819 Section 521.003: MassHealth Standard/CommonHealth Premium Assistance (MSCPA) 819 Section 521.004: Reimbursement of Certain Out-of-pocket Medical Expenses 820

130 CMR 522.000: MASSHEALTH: OTHER DIVISION PROGRAMS 823

Section 522.001: Massachusetts Insurance Connection for Individuals with AIDS or HIV-related Diseases 823 Section 522.002: Refugee Resettlement Program 824 Section 522.003: Adoption Assistance and Foster Care Maintenance 824 Section 522.004: Children’s Medical Security Plan (CMSP) 825 Section 522.005: Healthy Start Program (HSP) 826

4/16/10 130 CMR - 24 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

(4) Level of Care That Must Be Required in a Skilled-nursing Facility. To require the level of care provided in a skilled-nursing facility, the child must be nonambulatory and meet the following requirements. (a) A child 12 months of age or older must have global developmental skills (as defined in 130 CMR 515.001) not exceeding those of a 12-month-old child as indicated by a developmental assessment performed by the child's physician or by another certified professional. In addition, the child's developmental skills level must not be expected to improve. (b) A child less than 12 months of age must have global developmental skills significantly below an age-appropriate level and such skills must not be expected to progress at an age-appropriate rate as indicated by a developmental assessment performed by the child's physician or by another certified professional. (c) Regardless of age, the child must also require all of the following: 1. direct administration of a least two discrete skilled-nursing services on a daily basis, each of which requires complex nursing procedures as described at 130 CMR 519.007(A)(3); 2. direct management of the child's medical care by a physician or under the supervision of a physician on a monthly basis; 3. assistance in one or more ADLs beyond what is required at an age-appropriate activity level; and 4. any combination of skilled therapeutic services (physical therapy, occupational therapy, speech and language therapy) provided directly by or under the supervision of a licensed therapist at least five times a week.

(B) Home- and Community-based Services Waiver. (1) Clinical and Age Requirements. The Home- and Community-based Services Waiver allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of nursing-facility services to receive certain waiver services at home provided he or she: (a) is 60 years of age or older and, if under age 65, is permanently and totally disabled in accordance with Title XVI standards; and (b) would be institutionalized in a nursing facility, unless he or she receives one or more of the services administered by the Executive Office of Elder Affairs under the Home- and Community-based Services Waiver authorized under Section 1915(c) of the Social Security Act. (2) Eligibility Requirements. In determining eligibility for MassHealth Standard and for waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must (a) meet the requirements of 130 CMR 519.007(B)(1)(a) and (b); (b) have a countable-income amount less than or equal to 300% of the federal benefit rate (FBR) for an individual; and (c) have countable assets of $2,000 or less and have not transferred resources for the sole purpose of obtaining MassHealth as described at 130 CMR 520.018 and 520.019. (3) Financial Standards Not Met. Individuals whose income, assets, or both exceed the standards set forth in 130 CMR 519.007(B)(2) may establish eligibility for MassHealth Standard by reducing their assets in accordance with 130 CMR 520.004, by meeting a deductible as described at 130 CMR 520.028 et seq., or by both.

(C) Program of All-Inclusive Care for the Elderly (PACE). (1) Overview. The PACE program is a comprehensive health program that is designed to keep frail, older individuals who are certified eligible for nursing-facility services living in the community. (a) A complete range of health-care services are provided by one designated community-based program with all medical and social services coordinated by a team of health professionals. (b) The MassHealth agency administers the program in Massachusetts as the Elder Service Plan (ESP). (c) Persons enrolled in PACE have services delivered through managed care 1. in day-health centers; 2. at home; and 3. in specialty or inpatient settings, if needed.

7/11/08 (Effective 11/5/07) 130 CMR - 793 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

(2) Eligibility Requirements. In determining PACE eligibility, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must meet all of the following criteria: (a) be aged 55 or older; (b) meet Title XVI disability standards if aged 55 through 64; (c) be certified by the MassHealth agency or its agent to be in need of nursing-facility services; (d) live in a designated service area; (e) have medical services provided in a specified community-based PACE program; (f) have countable assets whose total value does not exceed $2,000 or, if assets exceed these standards, reduce assets in accordance with 130 CMR 520.004; and (g) have a countable-income amount less than or equal to 300% of the federal benefit rate (FBR) for an individual. (3) Income Standards Not Met. Individuals whose income exceeds the standards set forth in 130 CMR 519.007(C)(2) may establish eligibility for MassHealth Standard by meeting a deductible as described at 130 CMR 520.028 et seq.

(D) Home- and Community-based Services Waivers for Persons With an Intellectual Disability. (1) Adult Residential Waiver. (a) Clinical and Age Requirements. The Adult Residential Home- and Community- based Services Waiver for Persons with an Intellectual Disability allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of inpatient care at an intermediate-care facility for the mentally retarded to receive residential habilitation and other specified waiver services in a provider-operated 24-hour supervised residential setting if he or she meets all of the following criteria: 1. has an intellectual disability/developmental disability in accordance with Department of Developmental Services standards; 2. needs one or more of the services administered by the Department of Developmental Services under the Adult Residential Home- and Community-based Services Waiver authorized under Section 1915(c) of the Social Security Act; 3. needs residential habilitation as provided under the Adult Residential Waiver; and 4. is aged 18 or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must meet all of the following criteria: 1. meet the requirements of 130 CMR 509.007(D)(1)(a); 2. have countable income that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; 3. have countable assets of $2,000 or less; and 4. have not transferred resources for the sole purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (c) Financial Eligibility Standards not Met. Individuals whose income, assets, or both exceed the standards set forth in 130 CMR 519.007(D)(1)(b) may establish eligibility for MassHealth Standard by reducing their assets in accordance with 130 CMR 520.004, by meeting a deductible as described in 130 CMR 520.028, or by both. (d) Enrollment Limits. Enrollment in the Adult Residential Home- and Community-based Services Waiver for Persons with an Intellectual Disability is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in the waiver may be limited in a manner determined by the MassHealth agency. (2) Community Living Waiver. (a) Clinical and Age Requirements. The Community Living Home- and Community- based Services Waiver for Persons with an Intellectual Disability allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of inpatient care at an intermediate-care facility for the mentally retarded to receive certain waiver services, other than residential habilitation, at home or in the community provided he or she

4/27/12 (Effective 5/1/12) 130 CMR - 794 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

1. has an intellectual disability/developmental disability in accordance with Department of Developmental Services standards; 2. needs one or more of the services administered by the Department of Developmental Services under the Community Living Home- and Community-based Services Waiver authorized under Section 1915(c) of the Social Security Act; 3. needs one or more of the services provided only under the Community Living Waiver; and 4. is aged 18 or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must meet all of the following criteria: 1. meet the requirements of 130 CMR 509.007(D)(2)(a); 2. have countable income that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; 3. have countable assets of $2,000 or less; and 4. have not transferred resources for the sole purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (c) Financial Eligibility Standards Not Met. Individuals whose income, assets, or both exceed the standards set forth in 130 CMR 519.007(D)(2)(b) may establish eligibility for MassHealth Standard by reducing their assets in accordance with 130 CMR 520.004, by meeting a deductible as described in 130 CMR 520.028, or by both. (d) Enrollment Limits. Enrollment in the Community Living Home- and Community- based Services Waiver for Persons with an Intellectual Disability is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in the waiver may be limited in a manner determined by the MassHealth agency. (3) Adult Supports Waiver. (a) Clinical and Age Requirements. The Adult Supports Home- and Community-based Services Waiver for Persons with an Intellectual Disability allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of inpatient care at an intermediate-care facility for the mentally retarded to receive certain waiver services, other than residential habilitation, at home or in the community provided he or she 1. has an intellectual disability/developmental disability in accordance with Department of Developmental Services standards; 2. needs one or more of the services administered by the Department of Developmental Services under the Adult Supports Home- and Community-Based Services Waiver authorized under Section 1915(c) of the Social Security Act; 3. needs one or more of the services provided only under the Adult Supports Waiver; and 4. is aged 18 or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must meet all of the following criteria: 1. meet the requirements of 130 CMR 509.007(D)(3)(a); 2. have countable income that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; 3. have countable assets of $2,000 or less; and 4. have not transferred resources for the sole purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (c) Financial Eligibility Standards Not Met. Individuals whose income, assets, or both exceed the standards set forth in 130 CMR 519.007(D)(3)(b) may establish eligibility for MassHealth Standard by reducing their assets in accordance with 130 CMR 520.004, by meeting a deductible as described in 130 CMR 520.028, or by both.

4/27/12 (Effective 5/1/12) 130 CMR - 794.1 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

(d) Enrollment Limits. Enrollment in the Adult Supports Home- and Community-based Services Waiver for Persons with an Intellectual Disability is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in the waiver may be limited in a manner determined by the MassHealth agency.

(E) Home- and Community-based Services Waiver for Young Children with Autism. (1) Clinical Requirements. The Home- and Community-based Services Waiver allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of inpatient care at an intermediate-care facility for the mentally retarded to receive certain waiver services at home or in the community provided he or she (a) has a confirmed diagnosis of an autism spectrum disorder (which includes autistic disorder, pervasive developmental disorder-not otherwise specified (PDD-NOS), Rhett’s syndrome, childhood disintegrative disorder, and Asperger’s syndrome); (b) would be institutionalized in an intermediate-care facility for the mentally retarded unless he or she receives one or more of the services administered by the Department of Developmental Services under the Home- and Community-based Services Waiver authorized under Section 1915(c) of the Social Security Act; and (c) is able to be safely served in the community. (2) Eligibility Requirements and Limitations. (a) The applicant or member must be under nine years of age. (b) The child must be eligible for MassHealth Standard in accordance with 130 CMR 505.002(C)(1) and (2). (c) Assets are not considered in the eligibility determination. (d) The number of children who can be enrolled in this waiver may be limited in a manner determined by the MassHealth agency or its agent.

(F) Home- and Community-based Services Waiver for Persons with Traumatic Brain Injury. (1) Clinical and Age Requirements. The Home- and Community-based Services Waiver for Persons with Traumatic Brain Injury allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of nursing facility services or chronic or rehabilitation hospital services to receive specified waiver services in the home or community if he or she (a) is 18 years of age or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards; (b) has traumatic brain injury, as defined in Massachusetts Rehabilitation Commission (MRC) regulations at 107 CMR 12.02; (c) needs one or more of the services administered by MRC under the Home- and Community-based Services Waiver authorized under § 1915(c) of the Social Security Act; and (d) is able to be safely served in the community. (2) Eligibility Requirements. In determining eligibility for MassHealth Standard and for waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must (a) meet the requirements of 130 CMR 519.007(F)(1); (b) have a countable income amount that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; (c) have countable assets of $2,000 or less; and (d) have not transferred resources for the purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (3) Enrollment Limits. Enrollment in this waiver is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in this waiver may be limited in a manner determined by the MassHealth agency or its agent.

4/27/12 (Effective 5/1/12) 130 CMR - 794.2 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

(G) Home- and Community-based Services Waivers for Persons with Acquired Brain Injury. (1) Residential Habilitation Waiver for Persons with Acquired Brain Injury. (a) Clinical and Age Requirements. The Residential Habilitation Waiver for Persons with Acquired Brain Injury, as authorized under § 1915(c) of the Social Security Act, allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of nursing facility services or chronic disease or rehabilitation hospital services to receive residential habilitation and other specified waiver services in a provider-operated 24-hour supervised residential setting if he or she meets all of the following criteria: 1. is 22 years of age or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards; 2. acquired, after reaching age 22, a brain injury including, without limitation, brain injuries caused by external force, but not including Alzheimer's disease and similar neuro-degenerative diseases, the primary manifestation of which is dementia; 3. is an inpatient in a nursing facility or chronic disease or rehabilitation hospital with a continuous length of stay of 90 or more days at the time of application for the waiver; 4. is not expected to incur annual MassHealth expenditures, including MassHealth expenditures under the Residential Habilitation Waiver, in excess of the individual cost limit specified in the Residential Habilitation Waiver; 5. needs residential habilitation under the Residential Habilitation Waiver; and 6. is able to be safely served in the community within the terms of the Residential Habilitation Waiver. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must 1. meet the requirements of 130 CMR 519.007(G)(1)(a); 2. have countable income that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; 3. have countable assets of $2,000 or less; and 4. not have transferred resources for the purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (c) Enrollment Limits. Enrollment in the Residential Habilitation Waiver is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in this waiver may be limited in a manner determined by the MassHealth agency. Applications will be subject to an open application period and a random-selection process, as may be announced from time to time by the MassHealth agency. Applications that are not submitted during an open enrollment application period will be denied. (d) Waiver Services. Eligible members who are enrolled as waiver participants in the Residential Habilitation Waiver are eligible for the waiver services described in 130 CMR 630.405(A). (2) Non-residential Habilitation Waiver for Persons with Acquired Brain Injury. (a) Clinical and Age Requirements. The Non-residential Habilitation Waiver for Persons with Acquired Brain Injury, as authorized under § 1915(c) of the Social Security Act, allows an applicant or member who is certified by the MassHealth agency or its agent to be in need of nursing facility services or chronic disease or rehabilitation hospital services to receive specified waiver services, other than residential rehabilitation, in the home or community if he or she meets all of the following criteria: 1. is 22 years of age or older and, if under age 65, is totally and permanently disabled in accordance with Title XVI standards; 2. acquired, after reaching age 22, a brain injury including, without limitation, brain injuries caused by external force, but not including Alzheimer's disease and similar neuro-degenerative diseases, the primary manifestation of which is dementia; 3. is an inpatient in a nursing facility or chronic disease or rehabilitation hospital with a continuous length of stay of 90 or more days at the time of application for the waiver;

4/27/12 (Effective 5/1/12) 130 CMR - 794.3 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.007: continued

4. is not expected to incur annual MassHealth expenditures, including MassHealth expenditures under the Non-residential Habilitation Waiver, in excess of the individual cost limit specified in the Non-residential Habilitation Waiver; 5. needs one or more of the services under the Non-residential Habilitation Waiver; and 6. is able to be safely served in the community within the terms of the Non-residential Habilitation Waiver. (b) Eligibility Requirements. In determining eligibility for MassHealth Standard and for these waiver services, the MassHealth agency counts the income and assets of only the applicant or member regardless of his or her marital status. The applicant or member must 1. meet the requirements of 130 CMR 519.007(G)(2)(a); 2. have countable income that is less than or equal to 300% of the federal benefit rate (FBR) for an individual; 3. have countable assets of $2,000 or less; and 4. not have transferred resources for the purpose of obtaining MassHealth, as described in 130 CMR 520.018 and 520.019. (c) Enrollment Limits. Enrollment in the Non-residential Habilitation Waiver is subject to a limit on the total number of waiver participants. The number of participants who can be enrolled in this waiver may be limited in a manner determined by the MassHealth agency. Applications will be subject to an open enrollment period and a random- selection process, as may be announced from time to time by the MassHealth agency. Applications that are not submitted during an open enrollment application period will be denied. (d) Waiver Services. Eligible members who are enrolled as waiver participants in the Non-residential Habilitation waiver are eligible for the waiver service described in 130 CMR 630.405(B).

519.009: MassHealth Limited

(A) Eligibility Requirements. (1) MassHealth Limited is available to community residents aged 65 and older meeting the financial and categorical requirements of MassHealth Standard coverage as described at 130 CMR 519.005(A) and (B) and who are nonqualified aliens described at 130 CMR 518.002(E) or are aliens with special status as described at 130 CMR 518.002(D). (2) Persons eligible for MassHealth Limited coverage are eligible for medical benefits as described at 130 CMR 450.105(G). (3) Nonqualified aliens and aliens with special status must meet all other requirements of MassHealth Standard with the exception of furnishing or applying for a social security number. (4) Aliens lawfully admitted for a temporary purpose such as students, visitors, and diplomats are eligible for MassHealth Limited coverage provided they meet all other eligibility requirements including residence.

(B) Coverage Date. The begin date of medical coverage is established in accordance with 130 CMR 516.005.

519.010: MassHealth Senior Buy-in

(A) Eligibility Requirements. MassHealth Senior Buy-in coverage is available to Medicare beneficiaries who (1) are entitled to hospital benefits under Medicare Part A; (2) have a countable income amount (including the income of the spouse with whom he or she lives) that is less than or equal to 100% of the federal poverty level; (3) have countable assets of $6,600 or less for an individual or $9,910 or less for a married couple living together; and (4) meet the universal requirements of MassHealth Standard coverage.

(B) Benefits. The MassHealth agency pays for Medicare Part A and Part B premiums and for deductibles and coinsurance under Medicare Parts A and B.

4/27/12 (Effective 5/1/12) 130 CMR - 794.4 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

519.010: continued

(C) Begin Date. The begin date for MassHealth Senior Buy-in coverage is the first day of the calendar month following the date of the MassHealth eligibility determination.

519.011: MassHealth Buy-in

(A) MassHealth Buy-in for Specified Low Income Medicare Beneficiaries. (1) Eligibility Requirements. MassHealth Buy-in coverage for Specified Low Income Medicare Beneficiaries is available to Medicare beneficiaries who meet the eligibility requirements of MassHealth Senior Buy-in coverage at 130 CMR 519.010 with the following exception: the countable income amount of the individual and his or her spouse must be greater than 100% of the federal poverty level and less than 120% of the federal poverty level.

4/27/12 (Effective 5/1/12) 130 CMR - 794.5 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. 130 CMR: DIVISION OF MEDICAL ASSISTANCE

NON-TEXT PAGE

4/27/12 (Effective 5/1/12) 130 CMR - 794.6 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. Docket # 453

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 321 CMR 4.00

CHAPTER TITLE: Fishing

AGENCY: Division of Fisheries & Wildlife

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. The purpose of 321 CMR 4.01 is to prohibit the harvest of wild Atlantic Salmon upstream of the Essex Dam in the Merrimack River to coincide with the opening in Spring, 2012 (for the first time since 1969) of the fish trap at the Essex Dam that currently prevents wild Atlantic Salmon from swimming north of the dam to historic spawning grounds in New Hampshire.

REGULATORY AUTHORITY: M.G.L. 131A

AGENCY CONTACT: Jack Buckley PHONE: 617-626-1572

ADDRESS: Division of Fisheries & Wildlife, 251 Causeway Street Boston MA 02114

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency. N/A

Date of public hearing or comment period: 3/27/2012

For the first five years:

No fiscal effect: No Fiscal Effect

Date amended small business impact statement was filed: 4/9/2012

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: Atlantic Salmon

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: The proposed regulation amends 321 CMR 4.01 to prohibit the harvest of wild Atlantic Salmon upstream of the Essex Dam in the Merrimack River to coincide with the opening in Spring, 2012(for the first time since 1969) of the fish trap at the Essex Dam.

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE: SIGNATURE ON FILE DATE: Apr 10 2012

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012

EFFECTIVE DATE: 04/27/2012

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 73 - 74.2 73 - 74.2

04/12/2012 mrs

4.01: continued TABLE 1

MINIMUM SPECIES DAILY LENGTH OPEN SEASON (ALL CREEL (INCHES) DATES INCLUSIVE

Brown Trout Special 1 15 Jan. 1 - Dec. 31 Management Lakes/Ponds (as listed)1 Total daily creel not to exceed one brown trout

Brook, Brown, Other 3 None Jan. 1 - Dec. 31 Tiger & Rainbow Lakes/Ponds Trout Total daily creel not to exceed three trout in any combination

Brook, Brown, Major 3 None Jan. 1 - Dec. 31 Tiger & Rainbow Rivers Trout (as listed)2 Total daily creel not to exceed three trout in any combination

Brook, Brown, Other 8 None Apr. 1 - Sep. 10 Tiger & Rainbow Rivers Trout and Streams3 Total daily creel not to exceed eight trout in any combination

Brook, Brown, Other 3 None Sep. 11 - Mar. 31 Tiger & Rainbow Rivers Trout and Streams3 Total daily creel not to exceed three trout in any combination

Lake Trout (Wachusett Res.) 3 None Jan. 1 - Dec. 31

Lake Trout (All Other Waters.) 2 18 Jan. 1 - Dec. 31

Landlocked Salmon 2 15 Jan. 1 - Dec. 31

1 Special Brown Trout Management Waters: South Pond (Quacumquasit), Brookfield. 2 Major Trout Rivers: Childs River (Falmouth, Mashpee), Coonamesset River, Deerfield River, East Branch Swift River, East and West Branches Tully River, East Branch Ware River, Farmington River, Green River (Colrain), Green River (Great Barrington), Jones River (Kingston, Plympton), Ipswich River, Mashpee River, Millers River, Nissitissit River, North River (Colrain), Parker River, Quaboag River, Quinebaug River, Santuit River, Scorton Creek, Seven Mile River, Shawsheen River, Squannacook River, Stillwater River, Swift River (Winsor Dam to Ware River, except as posted), Ware River, West Branch North River, Westfield River (all branches). 3 Exclusive of the areas set forth in 321 CMR 4.01(2)(j), in the area from the confluence of the East and West Branches of the Housatonic River in Pittsfield to the Connecticut border in Sheffield, the total daily creel (January 1st through December 31st) shall not exceed one trout (minimum length of 20 inches).

4/27/12 321 CMR - 73 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. 321 CMR: DIVISION OF FISHERIES AND WILDLIFE

4.01: continued TABLE 1 (continued)

MINIMUM SPECIES DAILY LENGTH OPEN SEASON (ALL CREEL (INCHES) DATES INCLUSIVE

Broodstock Salmon4 - - See Note # 4

Atlantic Salmon4 - - See Note # 4

Smelt5 - None May 16 - last day of Feb.

Sturgeon - - No Open Season

Black Bass (Largemouth or Smallmouth) 5 12 Jan. 1 - Dec. 31

Chain Pickerel 5 15 Jan. 1 - Dec. 31

Northern Pike 1 28 Jan. 1 - Dec. 31

Tiger Muskellunge 1 28 Jan. 1 - Dec. 31

Walleye 5 14 Jan. 1 - Dec. 31

American Shad 6 None Jan. 1 - Dec. 31

Striped Bass6 See 322 CMR

Herring See 322 CMR

All Other Species - None Jan. 1 - Dec. 31

4 Atlantic Salmon and Broodstock Salmon: The harvest of Atlantic salmon, including broodstock salmon, and broodstock is lawful in all inland waters of Massachusetts, except: (a) Connecticut River and all its tributaries, (b) the Merrimack River downstream of the Essex Dam in the City of Lawrence, and all tributaries of the Merrimack River downstream of the Essex Dam in the City of Lawrence, and (c) the harvest of any Atlantic Salmon or broodstock salmon in the Merrimack River upstream of the Essex dam in Lawrence MA and in all tributaries of the Merrimack River upstream of the Essex dam in Lawrence MA not marked with an external plastic Floy tag ("thread" or "spaghetti" tag) that is approximately c inch in diameter and that is 3 and ½ inches long and attached to the salmon at the base of the dorsal fin. No person shall possess an Atlantic salmon (including broodstock salmon) while fishing in the Connecticut River and all its tributaries, or in the Merrimack River downstream of the Essex Dam in the City of Lawrence, or in any tributary of the Merrimack River downstream of the Essex Dam in the City of Lawrence. 5t Smelt may be taken in all inland waters by hook and line only from May 16 h to the last day of February, excepting Quabbin Reservoir, where smelt may only be taken in open water where legal fishing is permitted from May 16th to the end of the Quabbin fishing season. There is no daily or seasonal limit for smelt on these waters. The possession of smelt or their use as bait in inland waters other than during the established open season on smelt is prohibited. 6 Sale of striped bass from inland waters is prohibited. No person shall take more than eight brook, brown, tiger, or rainbow trout in any one day in the aggregate from all waters.

4.02: Taking of Carp and Suckers for the Purpose of Sale

(1) Definitions: Carp means only the common carp (Cyprinus carpio) Sucker means only the white sucker (Catostomus commersoni)

4/27/12 321 CMR - 74 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. 321 CMR: DIVISION OF FISHERIES AND WILDLIFE

4.02: continued

(2) Permits shall be issued only for such ponds, lakes, rivers or streams or parts thereof as the Director may deem advisable, and shall expire on December 31st, of each year.

(3) All applicants for permits shall furnish in their applications the names of lakes, ponds, rivers or streams in which they desire to operate and the towns in which they are located.

(4) Permittees are authorized to use only haul seines and/or dip nets and fyke traps in the taking of carp and suckers.

(5) Each week before beginning seining or trapping operations the permittee will notify the Environmental Police Officer in whose district such operations are to be conducted.

(6) All fish other than carp or suckers taken through seining or trapping shall be returned to the water immediately. No carp or suckers of any size shall be returned.

(7) A written report covering the activities of each permittee will be submitted to the Director, at the end of each month. This report shall include total weight of fish removed and areas worked.

(8) Any violation of the above provisions will constitute grounds for the immediate revocation of said permit by the Director.

4.03: Taking of Commercial Eels From Inland Waters

The following rules and regulations for the commercial taking of eels (Anguilla rostrata) from inland waters are set in accordance with M.G.L. c. 131, § 52A.

(1) License Requirements. (a) A valid Massachusetts freshwater fishing license. (b) A commercial eel fishing license.

(2) Legal Gear. (a) Pots only; with a funnel opening not to exceed 2.0 inches, constructed of wire or net with a bar mesh not less than .5 inches. (b) No limit to the number of pots per fisherman, but each pot or marker buoy must bear the number of the fisherman's commercial license.

(3) Season. (a) No closed season.

(4) Harvest Limitations. (a) The taking of elvers or eels less than four inches is prohibited. (b) All other fish other than eels, incidentally caught in pots, must be returned to the water.

(5) Catch Data. (a) A daily log issued by the Division must be kept and returned to the Division annually or upon request.

(6) Waters Open to Fishing. (a) Only those waters open to public fishing. (b) Prohibited in private and municipal water supplies not open to public fishing. (c) Prohibited on those ponds lying between New Hampshire and Massachusetts and on those interstate ponds where the recreational angling regulations of Rhode Island and Connecticut prevail.

4/27/12 321 CMR - 74.1 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. 321 CMR: DIVISION OF FISHERIES AND WILDLIFE

NON-TEXT PAGE

2/16/01 321 CMR - 74.2 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. Docket # 519

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 801 CMR 4.00

CHAPTER TITLE: Rates

AGENCY: Executive Office for Administration and Finance

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. Currently, insurance companies issue boiler certificates of inspection for the annual inspection of boilers and pressure vessels. The FY12 budget contained language authorizing the Department to issue these certificates and charge a fee in accordance with M.G.L. c. 7, § 3B. This fee proposal will result in the Department, and not insurance companies, being responsible for the issuance of these certificates and collecting a $50 fee for each certificate. The program will generate an estimated $4.5 million as a result of the issuance of 90,834 certificates annually. A retained revenue ceiling of $1.2 million was established to allow the Department to hire additional engineering inspectors to address the backlog of boiler inspections.

REGULATORY AUTHORITY: M.G.L. c. 146 § 25

AGENCY CONTACT: Janet Fogel PHONE: 617-727-2040

ADDRESS: State House Room 373, Boston, MA 02133

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. 2/16/12 - Secretary of State and LGAC 2/22/12 - Clerk of House, Clerk of Senate, HWM, SWM 3/4/12 - Globe

Date of public hearing or comment period: 3/26/12

For the first five years: $4.5 million annually

No fiscal effect:

Date amended small business impact statement was filed: April 3, 2012

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE: SIGNATURE ON FILE DATE: Apr 9 2012

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012

EFFECTIVE DATE: 04/27/2012

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 62.1 - 64 62.1 - 64

04/10/2012 cm

4.02: continued

Department of State Police (1) Police Detail Administrative Fee. 10% of the cost Provided that no such administrative fee shall be charged to, of the detail as or paid by, directly or indirectly, any state agency as defined determined by the in M.G.L. c. 29, § 1; provided that state authorities as defined Department of in said section shall be subject to such administrative fees. Police (2) Private Detective, Watch-Guard Patrol Agency (a) Initial License $550 (b) Renewal 150 annual (3) Special Police License (a) Initial License 100 three years (b) Renewal 75 three years (4) DNA Sample 110 per sample Provided that an indigent person as provided in M.G.L. c. 261, § 27A shall not be charged.

Criminal History Systems Board (1) Non-resident License (a) Original or Renewal Temporary 10 annual (b) Banks 20 two years (c) Machine Gun 40 two years (2) Sale of Forms (a) FA4 - Machine Gun 1 per form (b) FA10 - Record of Sale of Gun 20 per book (c) FA11 - Purchase Permit 1 per form (d) FA19 - License to Carry Firearm 2 per form (e) FA20 - Air Rifle .50 per book (3) Alien Permit to Possess a Rifle or Shotgun 10 annual

Inspection Section (1) Limited Shop Inspections (a) Certificate of Competency 40 biennial (b) Renewal of Certificate 20 biennial (2) Above Ground Tank Inspection (a) Original Inspection Aboveground tanks under 100,000 100 Aboveground tanks over 100,000 1 for each 1,000 gal (b) Re-inspection 1. One Tank at Location 30 per tank 2. Two Tanks at Location 20 per tank 3. 3 - 10 Tanks at Location, Less than 1,000,000 gal. Total Capacity 15 per tank 4. 3-10 Tanks at Location, more than 1,000,000 gal. Total Capacity 25 per tank (3) Air Tank Inspection, Per Tank 50 biennial (4) Boiler Inspection (a) External - Steam 50 annual (b) Cast Iron - Steam 50 annual (c) Other than Cast Iron - Steam 100 annual (5) Certificate of Inspection - Boiler 50 per certificate (6) Certificate of Inspection - Pressure Vessel 50 per certificate (7) Appeal in Examination 20 (8) Lost and Duplicate Licenses 20 (9) License Renewals Except Hoisting Machinery and Oil Burner Apprentice 35 biennial (10) Certificate of Competency - Pressure Vessel Inspector 100 biennial Renewal 75 biennial (11) Certificate of Competency - Amusement Device Inspector 100 biennial Renewal 50 biennial (12) Nuclear Power Plant Operator and Engineer Nuclear Power Plant Operator (a) Examination 35 (b) Special Examination 225

4/27/12 801 CMR - 62.1 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. 801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02: continued

(c) Senior Supervising Engineer License $130 biennial (d) Operating Engineer License 60 biennial (e) Assistant Operator License Engineer 60 biennial Engineer (a) lst Class Engineering Examination and Initial License 150 Renewal 90 five years (b) 2nd Class Engineering Examination and Initial License 150 Renewal 90 five years (c) 3rd Class Engineering Examination and Initial License 100 Renewal 90 five years (d) 4th Class Engineering Examination and Initial License 50 biennial Renewal 90 five years (13) Hoisting Machinery (a) Operator License 60 biennial (b) Renewal 40 biennial (14) Portable Engineer 30 biennial (15) Surveys for ASME and "R" Stamps, Per Man 350 per day (16) Fireman License (a) First Class - Original 100 (b) Second Class - Original 100 (c) Renewal 90 five years (17) Oil Burner License (a) Technician - Original 75 (b) Technician - Renewal 50 biennial (c) Apprentice 40 (d) Apprentice Renewal 20 biennial (18) Special License (a) To Have Initial 100 (b) To Have Renewal 90 five years (c) to Operate Initial 100 (d) To Operate Renewal 90 five years (19) Refrigeration/Air Conditioning Inspections (a) Minimum Fee for 20 Ton Capacity 60 annual (b) Additional Fee for each 20 Tons 2 annual (c) Maximum Fee 300 annual

Building Inspection (20) Certificate of Inspection (a) Care Facility for Intellectually or Developmentally Disabled 100 annual (b) Group Residences 200 biennial (c) Clinics, Rest Homes, Infirmaries, Assembly 200 biennial (Institutional Buildings) (d) Hospitals and Nursing Homes 1. First 100 Beds 100 biennial 2. Each Additional 25 Beds 10 biennial

(21) Motion Picture Operator (Cinematograph) (a) Application for Examination and License 50 biennial (b) Renewal License 50 biennial (c) Limited License and Renewal 10 biennial (d) Certificate of Inspection: Cinematograph Booth or Enclosure 25 (22) Ticket Agencies (a) Initial License 250 (b) Renewal 250 annual (23) Booking Agencies (a) Initial License 375 (b) Renewal 375 biennial

4/27/12 801 CMR - 62.2 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. 801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02: continued

(24) Weekly Entertainment Permits (a) Regular Hours $10 (b) Special Hours 20 (25) Apprentice sprinkler fitter license: (a) Initial 40 (b) Renewal 20 biennial (26) Journeyman sprinkler fitter license: (a) Initial 75 (b) Renewal 50 biennial (27) Fire Protection Sprinkler Contractor (a) Initial 100 (b) Renewal 75 biennial (28) Certified Maintenance Mechanic Certificate of Competency Fee and License (a) Initial 100 (b) Renewal 75 biennial (29) Concrete Testing Laboratory License 150 annual (30) Manufactured Buildings (a) Manufacturer- Initial Certification (per system) 1200 annual (b) Manufacturer- Renewal of Certification 650 annual (c) Labels Per Unit 50 per label (d) Replacement Label 2 per label (e) Labels Per Component 2 per label (f) Inspection Agency- Initial Certification 500 annual (g) Inspection Agency- Certification Renewal 500 annual (31) Registration of Producers of Native Lumber (a) Initial Registration Fee 100 (b) Renewal 50 biennial (32) State Building Code Appeals Board Administrative Hearing 150 per hearing (33) Annual Amusement Device License 40 per device (34) Amusement Device Inspection Fee (a) one to six devices per location 25 per device/ 100 maximum fee (b) seven to 11 200 per location (c) 12 to 15 300 per location (d) 16 to 25 400 per location (e) 26 and above 500 per location (35) Amusement Device Re-inspection Fee 25 per device (36) Building Construction (state projects only) Application fee per building or structure (fee includes plans examination, construction inspection, issuance of building permit, and issuance of certificate of occupancy): (a) Up to first $10 million of contract amount 0.005 times the contract amount (b) Over first $10 million of contract amount 0.0025 times the contract amount in addition to fees outlined in (35)(a) (c) Maximum fee per project 150,000 (d) Minimum fee per project 25

The contract amount shall include the entire scope of work of the project and shall include all incidental constructions, but shall exclude the cost of plumbing and electrical work. Except, the contract amount for projects at the Boston Convention & Exhibition Center and Massachusetts Water Resources Authority shall include the cost of electrical work. Design fees or any other professional fees associated with construction observation or supervision or construction management need not be included in the calculation. Pursuant to M.G.L. c. 161A, § 24, the Massachusetts Bay Transportation Authority shall not be required to pay any fee.

4/27/12 801 CMR - 62.3 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. 801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02: continued

(37) Continuing Education for CSL Holders (a) Initial Course Application Fee $100 per course plus 25 for each hour or fraction of an hour - valid for two years (b) Maximum Initial Application Fee Per Course 250 (c) Renewal of Course Approval 25 for each hour or fraction of an hour - valid for two years (d) Maximum Renewal Fee Per Course 150 (e) Course Coordinator Approval Initial Approval 400 two years Renewal 300 two years

4/27/12 801 CMR - 62.4 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. 801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02: continued

(38) Construction Supervisor License (CSL) (a) Unrestricted license Initial license 150 three years Renewal 100 two years (b) Restricted License Initial license 150 three years Renewal 100 two years (c) Specialty License (masonry, roofing, window & siding, demolition, solid fuel burning appliances, and insulation) Initial license 150 three years Renewal 100 two years (d) Late fee- (if renewal is within one year of the date of expiration) no penalty (e) Late fee- (if renewal is more than one year past the date of expiration but less than two years) 100

If a license is more than two years past it expiration date, the applicant must re-take the examination to become licensed.

(39) Certification Preparation Course for Building Officials per course Fee to be calculated by the Department of Public Safety based on the costs associated with each individual training session including cost of materials, space rental, and contracted instructors. (40) Building Code Training per course Fee to be calculated by the Department of Public Safety based on the costs associated with each individual training session including cost of materials, space rental, and contracted instructors. (41) Certification of Building Officials no fee

521 Architectural Access Board

(1) Architectural Barriers Waiver Application Filing 50

522 Board of Boiler Rules

(1) Surveys for "A, H, HLW, L, M, N, NA, NPT, NV, PP, 350 per day or R, RP, S, U, UM, UV, U2, or V" stamps, per man portion thereof (2) Inspection of Nuclear Power Plants, Their Components 200 and Auxiliaries

523 State Boxing Commission

(1) Promoter (Boston) 150 annual (2) Promoter (All Other Places) 100 annual (3) Referee 50 annual (4) Judge 50 annual (5) Timekeeper 50 annual (6) Manager 50 annual (7) Trainer 50 annual (8) Second 50 annual (9) Boxer 75 annual (10) Physician 50 annual (11) Matchmaker 50 annual (12) Special Exhibition 75 per event

4/27/12 801 CMR - 63 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. 801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

4.02: continued

524 Board of Elevator Regulations

(1) Installation, Repair, or Replacement of Elevators 40 per installation, repair or replacement plus 10 per every 1000 of the contract value (minimum 40) (2) Annual Test of Elevators, escalators, and other devices 400 subject to M.G.L. c. 143, § 64 (a) Late penalty fee 200 in addition to annual (b) Elevator Inspections occurring after hours 800 per inspection (3) Elevator Operator's License (a) Initial 25 (b) Renewal 20 biennial (4) Elevator Mechanic's License (a) Initial 75 (b) Renewal 75 biennial (c) Late Charge 50

526 Recreational Tramway Board

(1) Chairlift Lift License 100 annual (2) Skimobile Lift License 100 annual (3) Multi-car Aerial Passenger Tramway License 150 annual (4) Two-car Aerial Passenger Tramway License 200 annual (5) Rope Tow License 50 annual (6) Surface Lift License 100 annual (7) Certified Inspector Report - All Lifts 100 annual

527 Board of Fire Prevention Regulations

Fire Prevention Section (1) Self Service Gas Stations: Review of Plans 200 per unit set of plans (2) Fireworks Display (a) Certificate of Competency 40 annual (b) Renewal 20 annual (3) Blasting Operator (a) Certificate of Competency 40 annual (b) Renewal 20 annual (4) Transportation of Explosives or Fireworks (a) Permit to Transport 100 annual (b) Renewal 100 annual (5) Sale of Explosives (a) License to Sell 1000 annual (b) Renewal 250 annual (6) Black or Smokeless Powder (a) License to Sell 100 annual (b) Renewal 50 annual (7) Keeping, Handling and Transportation of Flammable Liquids, and Disposition of rude Petroleum and Its Products 100 annual (8) Accident and Investigation Reports of Ordinary Size (a) One page report or sheet 6 (b) Report of two or three pages or sheets 12 (c) Per page of sheet in excess of three page report 1.50

10/17/08 801 CMR - 64 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. Docket # 48

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth

Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 807 CMR 21.00

CHAPTER TITLE: Maternity Service Credit

AGENCY: Teachers' Retirement Board

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. The purpose of the regulation is to establish the procedure for the granting of creditable service for maternity leaves in accordance with M.G.L. c. 32, s. 4(1)(g3/4)and to provide guidance as to the Board's interpretation of the statute.

REGULATORY AUTHORITY: M.G.L. c. 15. s. 16; and M.G.L. c. 32, s. 20(5)(b)

AGENCY CONTACT: Robert G. Fabino PHONE: 617-679-6860

ADDRESS: One Charles Park, 2nd Floor, Cambridge, MA 02142

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

Date of public hearing or comment period: March 16, 2012

For the first five years: N/A

No fiscal effect: N/A

Date amended small business impact statement was filed: March 28, 2012

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: leaves; maternity leaves; and creditable service

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE: SIGNATURE ON FILE DATE: Apr 2 2012

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: 1207 DATE: 04/27/2012

EFFECTIVE DATE: 04/27/2012

CODE OF MASSACHUSETTS REGULATIONS Remove these pages: Insert these pages: 2.1 & 2.2 2.1 & 2.2 ______43 & 44

04/04/2012 cm

THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Notice of Compliance Secretary of the Commonwealth Regulation Filing To be completed by filing agency

CHAPTER NUMBER: 961 CMR 2.00

CHAPTER TITLE: Rules and Regulations

AGENCY: State Lottery Commission

THIS REGULATION WAS ORIGINALLY FILED AS AN EMERGENCY: Published in Massachusetts Register Number: 1200 Date: 01/20/2012

Date of public hearing or comment period: January 30, 2012

Date amended small business impact statement was filed: April 12, 2012

AGENCY CONTACT: MSLC General Counsel William J. Egan, Jr. PHONE: 781-849-5515

ADDRESS: 60 Columbian St., Braintree, MA 02184

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation adopted by this agency. ATTEST:

SIGNATURE ON FILE Apr 13 2012 SIGNATURE: DATE:

04/13/2012 cm

2.62: continued

(f) In the event of an apparent contradiction between information as printed on the ticket and as accepted by the Lottery Computer, the bet as accepted by the Lottery Computer shall be the valid bet.

(3) Placing Bets. (a) Bets may be placed by the bettor orally instructing the Lottery sales agent of his/her number selections or requesting a “quic pic” and the sales agent then registering the bet via the terminal keyboard or by preparing a betting slip which is then entered into the terminal. Betting slips shall be prepared as follows: 1. Marking of Betting Slips. In completing a betting slip for the Race Game the bettor MUST: a. Use only pencil or blue ballpoint pen for marking the slip b. Place no more than one mark ( | ) in any column c. Place a mark ( | ) in at least one column under each of the Sections labeled MARK THE ONE TO THREE NUMBER(S) YOU WISH TO PLAY; SELECT YOUR BET TYPES; and NO. OF RACES. d. Choose the number he/she wishes to play using the section of the slip labeled MARK THE ONE TO THREE NUMBER(S) YOU WISH TO PLAY and mark a " | " in one or more of the rows to reflect his/her number choice. e. Indicate the specific bets he/she wishes to make using the section labeled SELECT YOUR BET TYPES; mark a " | " in the box corresponding to the money amount he/she wishes to wager for each specific bet type; mark as many bet types as he/she desires to play. If a bettor wishes to bet amounts other than or in addition to those shown, he/she must use additional betting slips. f. Choose the number of races he/she wishes his/her bet to be play by using the column labeled NO. OF RACES and mark a " | " in the box corresponding to that number. All bet selections made on the same slip will be active for the number of races specified. If a bettor desires to make multiple bet selections and have them active for a different number of races, he/she must use separate slips. A bettor must make an entry in NO. OF RACES section even if his/her play is for one race only. 2. Only official bet slips issued by the Lottery and hand marked by the bettor(s) may be used to place bets. The use of mechanical, electronic, computer generated or any other method of marking betting slips is prohibited. 3. Bet slips shall have no pecuniary or prize value, or constitute evidence of purchase or number selections. (b) A single race bet may be canceled on the day it is placed prior to the close of betting for the race for which the bet is eligible. A consecutive race bet may be canceled on the day it is placed prior to the close of betting for the first race for which the bet is eligible. Consecutive race bets cannot be canceled after the first race for which the bet is eligible takes place. A bet must be canceled at the on-line terminal in which the bet was placed. Bettors shall be entitled to a full refund of their bet upon cancellation and in no event shall a canceled ticket be entitled to a prize. (c) Bets may be placed with any Lottery DAILY RACE GAME agent operating a terminal or at any Lottery operated facility accepting DAILY RACE GAME bets. (d) Bets may be placed at any time during the day at such time or times as will be determined by the Director, but all bets must be placed and accepted by the Lottery computer prior to the close of betting for a race. In the event that a bet is placed subsequent to the close of betting for a race, that bet shall be void and the Lottery's liability shall be limited to a refund of the amount of the bet. (e) The bet as represented by the ticket produced by the computer terminal is the only bet on which a prize may be claimed. Bettors are cautioned to examine their bet ticket at the time it is issued prior to the close of betting for the appropriate race in order to ensure that the ticket accurately represents the correct number selections, bet selections, amount wagered and races for which it is eligible. (f) In the event that the sales agent or the computer terminal errs when the bet is placed, it shall be the responsibility of the bettor to determine that an error has been made and to request cancellation (provided betting for the race has not closed) of the bet and the return of the purchase price. The Lottery shall not be liable for the payment of a prize because of sales agent or computer terminal error when the bet is placed.

11/2/07 961 CMR - 36.15 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. 961 CMR: STATE LOTTERY COMMISSION

2.62: continued

(g) The Lottery shall not be liable for the payment of a prize in the event that the bet is canceled intentionally or through inadvertence of the sales agent. (h) It shall be the responsibility of the person who collects the prize to make certain that he/she is receiving the correct sum of prize money. The Lottery shall not be liable for any underpayment except that the Director in his/her discretion may direct that an additional prize payment be made in order to correct an obvious mistake.

(4) Betting Tickets. (a) The betting ticket is a bearer instrument unless signed by owner and prize may be claimed by anyone in possession of unsigned winning ticket. (b) Sales Agents may pay claims up to and including the sum of $600.00. Any claim of more than $600.00 shall be made on a claim form supplied by the Lottery at all sales agent locations. The procedure to be followed for claims in excess of $600.00 and 961 CMR 2.00 governing each procedure shall be pursuant to 961 CMR 2.38.

(5) Lost, Mislaid or Stolen DAILY RACE GAME Tickets. The Lottery Commission may pay a prize to the holder of a DAILY RACE GAME ticket and the payment of such prize shall absolve the Commission of any further liability with respect to such ticket. In determining whether a prize has been paid on a DAILY RACE GAME Ticket, the Commission may rely solely upon its computer records in determining whether or not a particular prize has been paid and the status as determined by the Lottery's computer shall be binding on the holder. In the event of a lost, stolen or mislaid ticket, the Director may order an investigation, and if he/she is satisfied that the claimant in fact is the owner of the lost, stolen or mislaid ticket and it has not otherwise been paid, he/she may in his/her discretion pay the prize to the claimant thereof. All payments of prizes on lost, stolen or mislaid tickets shall not be made for a period of 90 days in the case of a prize of $200.00 or less and shall not be made for one year if the prize exceeds $200.00 unless the Director in his/her discretion shall decide otherwise.

(6) Sales Agents. Sales Agents are required to pay to the Lottery all sums due on the date established for payment. Failure to make payment when due or upon notice from the custodial bank that funds are not available will result in the immediate shut down of that Sales Agent's terminal and the Sales Agent's license to sell the DAILY RACE GAME and/or any other Lottery game shall be subject to revocation, suspension or non-renewal pursuant to the provisions of 961 CMR 2.13.

(7) Payoffs. Prizes will be paid in such amounts and in accordance with such formulae as may be established by the Director by Administrative Bulletin. The Director may by Administrative Bulletin establish minimum prizes, rules for rounding payments to the nearest dollar or otherwise, rules for subtracting overpayments from a pool from subsequent pools and adding underpayments from a pool to subsequent pools, and such other matters as may be necessary or desirable for the proper operation of the game.

(8) Multiplier Feature. The Massachusetts State Lottery Commission may offer a multiplier feature, which may be known by an associated trade name, for the DAILY RACE GAME. This is a feature by which a bettor, for an additional wager, may increase the prize amount by a factor depending upon a multiplier number that is drawn prior to a race. Rules regarding the multiplier feature shall be set by the Director in an Administrative Bulletin governing the game.

(9) The liability, whether by negligence or otherwise, of the Lottery and its licensed Sales Agents for invalid bets is limited to a refund of the amount wagered.

(10) Miscellaneous. All other provisions of 961 CMR shall, if applicable, apply to the On-line Number Selection Game – THE DAILY RACE GAME.

2.63: On-line Semi-weekly Multi-state Number Selection Game – POWERBALL

(1) Effective Date. Beginning January 15, 2012, the following shall be in effect.

4/27/12 (Effective 1/15/12) 961 CMR - 36.16 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. 961 CMR: STATE LOTTERY COMMISSION

2.63: continued

(2) Definitions. The following definitions apply unless the context requires a different meaning or is otherwise inconsistent with the intention of the rules adopted by the Product Group.

Agent or Retailer means a person or entity authorized by a Party Lottery to sell lottery tickets.

Drawing means the formal process of selecting winning numbers which determine the number of winners for each prize level of the game.

Computer Pick means the random selection of two-digit numbers by the computer system which appear on a ticket and are played by a player in the game.

Game Board or Boards means that area of the play slip, also known as a panel, which contains two sets of numbered squares to be marked by the player, the first set containing 59 squares, number one through 59 and the second set containing 35 squares, number one through 35.

Game Ticket or Ticket means an acceptable evidence of play, which is a ticket produced by a terminal which meets the specifications defined in the rules of each Party Lottery and 961 CMR 2.63(7) Ticket Validation or is a properly and validly registered subscription play.

MUSL means the Multi-state Lottery Association, a government-benefit association wholly owned and operated by the Party Lotteries.

MUSL Board means the governing body of the MUSL which is comprised of the chief executive officer of each Party Lottery.

On-line Lottery Game means a lottery game wherein a player selects numbers out of a larger predetermined set or sets of numbers.

Party Lottery or Member Lottery means a state lottery or lottery of a political subdivision or entity which has joined the MUSL and, in the context of 961 CMR 2.63, which has joined in selling the Powerball game.

Play or Bet means the six numbers, the first five from a field of 59 numbers and the last one from a field of 35 numbers, that appear on a ticket as a single lettered selection and are to be played by a player in the game.

Product Group means a group of lotteries which has joined together to offer a product pursuant to the terms of the Multi-state Lottery Agreement and the Group's own rules.

Play Slip or Bet Slip means a card used in marking a player's game plays and containing one or more boards.

Set Prize means all other prizes except the Grand Prize that are advertised to be paid by a single cash payment and, except in instances outlined in 961 CMR 2.63, will be equal to the prize amount established by the MUSL Board for the prize level.

Terminal means a device authorized by a Party Lottery to function in an on-line, interactive mode with the lottery's computer system for the purpose of issuing lottery tickets and entering, receiving, and processing lottery transactions, including purchases, validating tickets, and transmitting reports.

Winning Numbers means the six numbers, the first five from a field of 59 numbers and the last one from a field of 35 numbers, randomly selected at each drawing, which shall be used to determine winning plays contained on a game ticket.

4/27/12 (Effective 1/15/12) 961 CMR - 36.17 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. 961 CMR: STATE LOTTERY COMMISSION

2.63: continued

(3) Game Description. (a) Powerball is a five out of 59 plus one out of 35 on-line lottery game, drawn every Wednesday and Saturday, which pays the Grand Prize, at the election of the player made in accordance with 961 CMR 2.63 or by a default election made in accordance with 961 CMR 2.63, either on an annuitized pari-mutuel basis or as a cash lump sum payment of the total cash held for this prize pool on a pari-mutuel basis. Except as provided in 961 CMR 2.63, all other prizes are paid on a set cash basis. To play Powerball, a player shall select five different numbers, from one through 59 and one additional number from one through 35, for input into a terminal. The additional number may be the same as one of the first five numbers selected by the player. Tickets can be purchased for $2.00, including any specific statutorily-mandated tax of a Party Lottery to be included in the price of a lottery ticket, either from a terminal operated by an agent (i.e., a clerk-activated terminal) or from a terminal operated by the player (i.e., a player-activated terminal). If purchased from an agent, the player may select a set of five numbers and one additional number by communicating the six numbers to the agent, or by marking six numbered squares in any one game board on a play slip and submitting the play slip to the agent or by requesting "computer pick" from the agent. The agent will then issue a ticket, via the terminal, containing the selected set or sets of numbers, each of which constitutes a game play. Tickets can be purchased from a player-activated terminal by use of a touch screen or by inserting a play slip into the machine. Tickets may also be purchased through a lottery subscription system as provided in 961 CMR 2.63(3)(f). (b) Claims. A ticket (subject to the validation requirements set forth in 961 CMR 2.63(7) Ticket Validation) shall be the only proof of a game play or plays and the submission of a winning ticket to the issuing Party Lottery or its authorized agent shall be the sole method of claiming a prize or prizes. A play slip has no pecuniary or prize value and shall not constitute evidence of ticket purchase or of numbers selected. A terminal produced paper receipt has no pecuniary or prize value and shall not constitute evidence of ticket purchase or of numbers selected. (c) Cancellations Prohibited. A ticket may not be voided or canceled by returning the ticket to the selling agent or to the lottery, including tickets that are printed in error. No ticket which can be used to claim a prize shall be returned to the lottery for credit. Tickets accepted by retailers as returned tickets and which cannot be re-sold shall be deemed owned by the bearer thereof. (d) Player Responsibility. It shall be the sole responsibility of the player to verify the accuracy of the game play or plays and other data printed on the ticket. The placing of plays is done at the player's own risk through the on-line agent who is acting on behalf of the player in entering the play or plays. (e) Entry of Plays. Plays may only be entered manually using the lottery terminal keypad or touch screen or by means of a play slip provided by the Party Lottery and hand-marked by the player or by such other means approved by the Party Lottery. Retailers shall not permit the use of facsimiles of play slips, copies of play slips, or other materials that are inserted into the terminal's play slip reader that are not printed or approved by the Party Lottery. Retailers shall not permit any device to be connected to a lottery terminal to enter plays, except as approved by the Party Lottery. (f) Registration of Plays. Subscription plays may be registered by the lottery at a lottery processing site which meets the requirements established by the Product Group and the Security and Integrity Committee.

(4) Prize Pool. (a) Prize Pool. The prize pool for all prize categories shall consist of 50% of each drawing period's sales, including any specific statutorily-mandated tax of a Party Lottery to be included in the price of a lottery ticket, after the prize reserve accounts are funded to the amounts set by the Product Group. Any amount remaining in the prize pool at the end of this game shall be carried forward to a replacement game or expended in a manner as directed by the Product Group in accordance with state law.

4/27/12 (Effective 1/15/12) 961 CMR - 36.18 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. 961 CMR: STATE LOTTERY COMMISSION

2.63: continued

(b) Prize Reserve Accounts. An amount equal to up to 2% of a Party Lottery's sales, including any specific statutorily-mandated tax of a Party Lottery to be included in the price of a lottery ticket, shall be deducted from a Party Lottery's Grand Prize Pool and placed in trust in one or more prize reserve accounts until the Party Lottery's share of the prize reserve account(s) reaches the amounts designated by the Product Group. Once the Party Lottery's share of the prize reserve accounts exceeds the designated amounts, the excess shall become part of the Grand Prize pool. The Product Group, with approval of the Finance and Audit Committee, may establish a maximum balance for the prize reserve account(s). The Product Group may determine to expend all or a portion of the funds in the accounts for the payment of prizes or special prizes in the game; subject to the approval of the Finance and Audit Committee. The shares of a Party Lottery may be adjusted with refunds to the Party Lottery from the prize reserve account(s) as may be needed to maintain the approved maximum balance and shares of the Party Lotteries. Any amount remaining in a prize reserve account at the end of this game shall be carried forward to a replacement prize reserve account or expended in a manner as directed by the Product Group in accordance with state law. (c) Expected Prize Payout Percentages. The Grand Prize shall be determined on a pari-mutuel basis. Except as provided in 961 CMR 2.63, all other prizes awarded shall be paid as set cash prizes with the following expected prize payout percentages:

Number of Matches Per Play Prize Pool Percentage Prize Payment Allocated to Prize

All five of first set plus one of second set Grand Prize 31.9756%* All five of first set and none of second set. $1,000,000 9.7019% Any four of first set plus one of second set. $10,000 0.7704% Any four of first set and none of second set. $100 0.2620% Any three of first set plus one of second set. $100 0.4083% Any three of first set and none of second set. $7 0.9718% Any two of first set plus one of second set. $7 0.4954% Any one of first set plus one of second set. $4 1.8048% None of first set plus one of second set. $4 3.6097%

1. The prize money allocated to the Grand Prize category shall be divided equally by the number of game boards winning the Grand Prize. 2. The prize pool percentage allocated to the set prizes (the cash prizes of $1,000,000 or less) shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the set prizes awarded in the current draw. If the total of the set prizes awarded in a drawing exceeds the percentage of the prize pool allocated to the set prizes, then the amount needed to fund the set prizes awarded shall be drawn from the following sources, in the following order: a. the amount allocated to the set prizes and carried forward from previous draws, if any; b. an amount from the set prize reserve account, if available, not to exceed $25,000,000 per drawing. If, after these sources are depleted, there are not sufficient funds to pay the set prizes awarded, then the highest set prize shall become a pari-mutuel prize. If the amount of the highest set prize, when paid on a pari-mutuel basis, drops to or below the next highest set prize and there are still not sufficient funds to pay the remaining set prizes awarded, then the next highest set prize shall become a pari-mutuel prize. This procedure shall continue down through all set prize levels, if necessary, until all set prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in 961 CMR 2.63 shall be divided among the winning plays in proportion to their respective prize percentages.

4/27/12 (Effective 1/15/12) 961 CMR - 36.19 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. 961 CMR: STATE LOTTERY COMMISSION

2.63: continued

(5) Probability of Winning. The following table sets forth the probability of winning and the probable distribution of winners in and among each prize category, based upon the total number of possible combinations in Powerball.

Probability Distribution Probable/Set Number of Matches Per Ticket Winners Probability Prize Amount

All five of first set plus one of second set 1 1:175,223,510.0000 Grand Prize All five of first set and none of second set 34 1:5,153,632.6471 $1,000,000 Any four of first set plus one of second set 270 1:648,975.9630 $10,000 Any four of first set and none of second set 9,180 1:419,030.1222 $100 Any three of first set plus one of second set 14,310 1:12,244.8295 $100 Any three of first set and none of second set 486,540 1:360.1420 $7 Any two first set plus one of second set 248,040 1:706.4325 $7 Any one of first set plus one of second set 1,581,255 1:110.8129 $4 None of first set plus one of second set 3,162,510 1:54.7386 $4

Overall 5,502,140 1:31.8464

(6) Prize Payment. (a) Grand Prizes. Grand prizes shall be paid, at the election of the player made no later than 60 days after the player becomes entitled to the prize, with either a per winner annuity or cash payment. If the payment election is not made at the time of purchase and is not made by the player within 60 days after the player becomes entitled to the prize, then the prize shall be paid as an annuity prize. An election for an annuity payment made by a player before ticket purchase or by system default or design may be changed to a cash payment at the election of the player until the expiration of 60 days after the player becomes entitled to the prize. The election to take the cash payment may be made at the time of the prize claim or within 60 days after the player becomes entitled to the prize. An election made after the winner becomes entitled to the prize is final and cannot be revoked, withdrawn or otherwise changed. Shares of the Grand Prize shall be determined by dividing the cash available in the Grand Prize pool equally among all winners of the Grand Prize. Winner(s) who elect a cash payment shall be paid their share(s) in a single cash payment. The annuitized option prize shall be determined by multiplying a winner's share of the Grand Prize pool by the MUSL annuity factor. The MUSL annuity factor is determined by the best total securities price obtained through a competitive bid of qualified, pre-approved brokers made after it is determined that the prize is to be paid as an annuity prize or after the expiration of 60 days after the winner becomes entitled to the prize. Neither MUSL nor the party lotteries shall be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to MUSL. In certain instances announced by the Product Group, the Grand Prize shall be a guaranteed amount and shall be determined pursuant to 961 CMR 2.63 (6)(e). If individual shares of the cash held to fund an annuity is less than $250,000, the Product Group, in its sole discretion, may elect to pay the winners their share of the cash held in the Grand Prize pool. All annuitized prizes shall be paid annually in 30 payments with the initial payment being made in cash, to be followed by 29 payments funded by the annuity. Except as may be controlled

4/27/12 (Effective 1/15/12) 961 CMR - 36.20 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. 961 CMR: STATE LOTTERY COMMISSION

2.63: continued

by a member's governing statute, all annuitized prizes shall be paid annually in 30 graduated payments (increasing each year) by a rate as determined by the Product Group. Prize payments may be rounded down to the nearest $1,000. Annual payments after the initial payment shall be made by the lottery on the anniversary date or if such date falls on a non-business day, then the first business day following the anniversary date of the selection of the jackpot winning numbers. Funds for the initial payment of an annuitized prize or the lump sum cash prize shall be made available by MUSL for payment by the Party Lottery no earlier than the 15th calendar day (or the next banking day if the 15th day is a holiday) following the drawing. If necessary, when the due date for the payment of a prize occurs before the receipt of funds in the prize pool trust sufficient to pay the prize, the transfer of funds for the payment of the full lump sum cash amount may be delayed pending receipt of funds from the party lotteries. A state may elect to make the initial payment from its own funds after validation, with notice to MUSL. In the event of the death of a lottery winner during the annuity payment period, the MUSL Finance & Audit Committee, in its sole discretion excepting a discretionary review by the Product Group, upon the petition of the estate of the lottery winner (the "Estate") to the state lottery of the state in which the deceased lottery winner purchased the winning ticket, and subject to federal, state, or district applicable laws, may accelerate the payment of all of the remaining lottery proceeds to the Estate. If such a determination is made, then securities and/or cash held to fund the deceased lottery winner's annuitized prize may be distributed to the Estate. The identification of the securities to fund the annuitized prize shall be at the sole discretion of the Finance & Audit Committee or the Product Group. (b) Low-tier Cash Prize Payments. All low-tier cash prizes (all prizes except the Grand Prize) shall be paid in cash through the Party Lottery which sold the winning ticket(s). A Party Lottery may begin paying low-tier cash prizes after receiving authorization to pay from the MUSL central office. (c) Prizes Rounded. Annuitized payments of the Grand Prize or a share of the Grand Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Breakage on an annuitized Grand Prize win shall be added to the first cash payment to the winner or winners. Prizes other than the Grand Prize, which, under 961 CMR 2.63, may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing. (d) Rollover. If the Grand Prize is not won in a drawing, the prize money allocated for the Grand Prize shall roll over and be added to the Grand Prize pool for the following drawing. (e) Funding of Guaranteed Prizes. The Product Group may offer guaranteed minimum Grand Prize amounts or minimum increases in the Grand Prize amount between drawings or make other changes in the allocation of prize money where the Product Group finds that it would be in the best interest of the game. If a minimum Grand Prize amount or a minimum increase in the Grand Prize amount between drawings is offered by the Product Group, then the Grand Prize shares shall be determined as follows. If there are multiple Grand Prize winners during a single drawing, each selecting the annuitized option prize, then a winner's share of the guaranteed annuitized Grand Prize shall be determined by dividing the guaranteed annuitized Grand Prize by the number of winners. If there are multiple Grand Prize winners during a single drawing and at least one of the Grand Prize winners has elected the annuitized option prize, then the best bid submitted by MUSL's pre-approved qualified brokers shall determine the cash pool needed to fund the guaranteed annuitized Grand Prize. If no winner of the Grand Prize during a single drawing has elected the annuitized option prize, then the amount of cash in the Grand Prize pool shall be an amount equal to the guaranteed annuitized amount divided by the average annuity factor of the most recent three best quotes provided by MUSL's pre-approved qualified brokers submitting quotes. In no case, shall quotes be used which are more than two weeks old and if less than three quotes are submitted, then MUSL shall use the average of all quotes submitted. Changes in the allocation of prize money shall be designed to retain approximately the same prize allocation percentages, over a year's time, set out in 961 CMR 2.63. Minimum guaranteed prizes or increases may be waived if the alternate funding mechanism set out in 961 CMR 2.63 (4)(c)(2) becomes necessary.

4/27/12 (Effective 1/15/12) 961 CMR - 36.21 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. 961 CMR: STATE LOTTERY COMMISSION

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(f) Limited to Highest Prize Won. The holder of a winning ticket may win only one prize per board in connection with the winning numbers drawn, and shall be entitled only to the prize won by those numbers in the highest matching prize category. (g) Prize Claim Period. Prize claims shall be submitted within the period set by the Party Lottery selling the ticket. If no such claim period is established, all grand prize claims shall be made within 180 days after the drawing date. In Massachusetts, all tickets must be claimed within one year of the drawing date.

(7) Ticket Validation. To be a valid ticket and eligible to receive a prize, a ticket shall satisfy all the requirements established by a Party Lottery for validation of winning tickets sold through its on-line system and any other validation requirements adopted by the Product Group, the MUSL Board and published as the Confidential MUSL Minimum Game Security Standards. The MUSL and the Party Lotteries shall not be responsible for tickets which are altered in any manner.

(8) Ticket Responsibility. (a) Signature. Until such time as a subscription play is properly and validly registered with the lottery, or until such time as a signature or, if permitted by state or district law, a mark or printed name is placed upon a ticket in the area designated for signature, mark or name, a ticket shall be owned by the bearer of the ticket. When a subscription play is validly and properly registered with the lottery, or when a signature, mark or name is placed on the ticket in the place designated, the person who has registered the ticket, or if not registered, whose signature, mark or name appears in such area shall be the owner of the ticket and shall be entitled (subject to the validation requirements in 961 CMR 2.63(7) Ticket Validation and state or district law) to any prize attributable thereto. (b) Multiple Signatures. The manner of payment of prizes for valid winning tickets bearing multiple signatures, marks or names shall be determined by the rules of the Party Lottery making the prize payment. (c) Stolen Tickets. The Product Group, the MUSL and the Party Lotteries shall not be responsible for lost or stolen tickets. (d) Subscription Plays. A receipt for a subscription play has no value and is not evidence of a play. A subscription play is valid when registered with the lottery in accordance with lottery rules and the person or, if permitted by the lottery rules, the persons registering the play shall be the owner of the subscription play.

(9) Ineligible Players. (a) A ticket or share for a MUSL game issued by the MUSL or any of its Party Lotteries shall not be purchased by, and a prize won by any such ticket or share shall not be paid to: 1. a MUSL employee, officer, or director, 2. a contractor or consultant under agreement with the MUSL to review the MUSL audit and security procedures, 3. an employee of an independent accounting firm under contract with MUSL to observe drawings or site operations and actually assigned to the MUSL account and all partners, shareholders, or owners in the local office of the firm, or 4. an immediate family member (parent, stepparent, child, stepchild, spouse, or sibling) of an individual described in 961 CMR 2.63(9)(a)1. through 3. and residing in the same household. (b) Those persons designated by a Party Lottery's law as ineligible to play its games shall also be ineligible to play the MUSL game in that Party Lottery's jurisdiction.

(10) Applicable Law. In purchasing a ticket, the purchaser agrees to comply with and abide by all applicable laws, rules, regulations, procedures, and decisions of the Party Lottery where the ticket was purchased.

4/27/12 (Effective 1/15/12) 961 CMR - 36.22 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. 961 CMR: STATE LOTTERY COMMISSION

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(11) Special Game Rules: Powerball Power Play. (a) Description. The Powerball Power Play is a limited extension of the Powerball game and is conducted in accordance with the Powerball game rules and other lottery rules applicable to the Powerball game except as may be amended in 961 CMR 2.63(11). Powerball Power Play will begin at a time announced by the Party Lottery and will continue until discontinued by the lottery. The Powerball Power Play will offer to the owners of a qualifying play a chance to increase the amount of any of the eight lump sum Set Prizes (the lump sum prizes normally paying $4 to $1,000,000) won in a drawing. The Grand Prize jackpot is not a Set Prize and will not be increased. (b) Qualifying Play. A qualifying play is any single Powerball play for which the player pays an extra dollar for the Power Play option play and which is recorded at the Party Lottery's central computer as a qualifying play. (c) Prizes to be Increased. A qualifying play which wins one of the eight lowest lump sum Set Prizes (excluding the Jackpot) shall be paid as follows:

Match With Power Play

5 + 0 $2,000,000 4 + 1 $40,000 4 + 0 $200 3 + 1 $200 3 + 0 $14 2 + 1 $14 1 + 1 $12 0 + 1 $12

(d) Prize Pool. 1. Prize Pool. The prize pool for all prize categories shall consist of up to 49.96% of each drawing period's sales, including any specific statutorily-mandated tax of a Party Lottery to be included in the price of a lottery ticket, after the Powerball prize reserve accounts are funded to the amounts set by the Product Group. Any amount remaining in the prize pool at the end of this game shall be carried forward to a replacement game or expended in a manner as directed by the Product Group in accordance with state law. 2 Prize Reserve Accounts. An additional 0.04% of sales, including any specific statutorily mandated tax of a Party Lottery to be included in the price of a lottery ticket, may be collected and placed in the rollover account or in trust in one or more prize reserve accounts until the prize reserve accounts reach the amounts designated by the Product Group. 3. Expected Prize Payout. Except as provided in 961 CMR 2.63, all prizes awarded shall be paid as lump sum set prizes. Instead of the Powerball set prize amounts, qualifying Power Play plays will pay the amounts shown in 961 CMR 2.63(11)(c). In certain rare instances, the Powerball set prize amount may be less than the amount shown. In such case, the eight lowest Power Play prizes will be changed to an amount announced after the draw. For example, if the Match 4+1 Powerball set prize amount of $10,000 becomes $5,000 under 961 CMR 2.63, then a Power Play player winning that prize amount would win $20,000. (e) Limitations on Payment of Power Play Prizes. 1. Prize Pool Carried Forward. The prize pool percentage allocated to the Power Play set prizes shall be carried forward to subsequent draws if all or a portion of it is not needed to pay the set prizes awarded in the current draw. 2. Pari-mutuel Prizes - All Prize Amounts. If the total of the original Powerball set prizes and the Power Play prizes awarded in a drawing exceeds the percentage of the prize pools allocated to the set prizes, then the amount needed to fund the set prizes (including the Power Play prize amounts) awarded shall be drawn from the following sources, in the following order: a. the amount allocated to the set prizes and carried forward from previous draws, if any;

4/27/12 (Effective 1/15/12) 961 CMR - 36.23 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. 961 CMR: STATE LOTTERY COMMISSION

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b. an amount from the Powerball Set-Prize Reserve Account, if available in the account, not to exceed $25,000,000 per drawing. If, after these sources are depleted, there are not sufficient funds to pay the set prizes awarded (including Power Play prize amounts), then the highest set prize (including the Power Play prize amounts) shall become a pari-mutuel prize. If the amount of the highest set prize, when paid on a pari-mutuel basis, drops to or below the next highest set prize and there are still not sufficient funds to pay the remaining set prizes awarded, then the next highest set prize, including Power Play prize amount, shall become a pari-mutuel prize. This procedure shall continue down through all set prizes levels, if necessary, until all set prize levels become pari-mutuel prize levels. In that instance, the money available from the funding sources listed in 961 CMR 2.63 shall be divided among the winning plays in proportion to their respective prize percentages. In rare instances, where the Powerball set prize amount may be funded but the money available to pay the full Power Play prize amount may not be available due to an unanticipated number of winners, the Group may announce pari-mutuel shares of the available pool for the Power Play payment only. (f) Prize Payment. 1. Prize Payments. All Power Play prizes shall be paid in one lump sum through the Party Lottery that sold the winning ticket(s). A Party Lottery may begin paying Power Play prizes after receiving authorization to pay from the MUSL central office. 2. Prizes Rounded. Prizes, which, under 961 CMR 2.63, may become pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next drawing.

REGULATORY AUTHORITY

961 CMR 2.00: M.G.L. c. 10, § 24 and c. 30A, § 3.

4/27/12 (Effective 1/15/12) 961 CMR - 36.24 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. William Francis Galvin PERIODICALS Secretary of the Commonwealth State Bookstore U.S. POSTAGE PAID State House, Room 116 Boston, MA 02133 Boston, MA

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