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Published By: the Secretary of the Commonwealth, William Francis Galvin, Secretary $15.00 Issue: 1258, Date: April 11, 2014 The Massachusetts Register Published by: The Secretary of the Commonwealth, William Francis Galvin, Secretary $15.00 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Issue: 1258 Date: 4/11/14 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 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES Administrative Bulletin 14-08: 101 CMR 357.00: Money Follows the Person Waiver Services 3 ADMINISTRATIVE PROCEDURES Notices of Public Review of Prospective Regulations 5 Cumulative Table 69 Notice of Expiration of Emergency Regulation - Emergency Regulations 77 Permanent Regulations 97 Future Effective Date Regulations - MASSACHUSETTS REGISTER (THE) (ISSN-08963681) is published biweekly for $300.00 per year by the Secretary of the Commonwealth, State House, Boston, MA 02133. Second Class postage is paid at Boston, MA. POSTMASTER: Send address change 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 Notice of Expiration of Emergency Regulation There are no Notices of Expiration in this Massachusetts Register - Emergency Regulations 101 CMR Executive Office for Health and Human Services 306.00 Rates of Payment for Mental Health Services Provided by Community Health Centers and Mental Health Centers 77 Implements the requirements of St. 2013, c. 118, § 32, M.G.L. c. 118E, § 13D, and guidance from CMS regarding federal National Correct Coding Initiative (NCCI). It also requires updates of mental health center rates, which includes rates for behavioral health services in community health centers, effective January 1, 2014. Pursuant to M.G.L. c. 118E, § 13D, EOHHS is required to review rates at least biennially for these non-institutional providers. 614.00 Health Safety Net Payments and Funding - Re-file 79 105 CMR Department of Public Health 171.000 Massachusetts First Responder Training 81 Requires first responders to be trained in administration of naloxone as part of their regular training. Also sets out the required documentation municipalities must maintain in order to permit first responders to carry and administer naloxone. 700.000 Implementation of M.G.L. c. 94C 83 Permits municipalities to register with the Department in order to permit first responders to carry and administer naloxone in accordance with the Massachusetts First Responder Training regulations, and institutes procedures to ensure that the naloxone is packaged and dispensed properly. 114 CMR Division of Health Care Finance and Policy 114.3 6.00 Rates of Payment for Mental Health Services Provided by Community Health Centers and Mental Health Centers 85 Repeals regulation 114.6 14.00 Health Safety Net Payments and Funding 87 Repeals Regulation. 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 130 CMR Division of Medical Assistance 429.000 Mental Health Center Services 89 Conforms and clarifies changes that stem from billing of E/M codes and to ensure that its provisions and revisions to 101 CMR 306.000 align. These changes include clarification of ‘crisis intervention’ services as ‘psychotherapy in crisis’ services, and specify the types of staff members, including psychiatric nurse mental health clinical specialists, who are authorized to render mental health services for which mental health centers may bill. 205 CMR Massachusetts Gaming Commission 125.00 Surrounding Communities 91 Sets forth the arbitration procedure between gaming applicants and surrounding communities. 430 CMR Division of Unemployment Assistance 5.00 Employer Requirement Series 93 Changes the due date of employer contributions for the first quarter of 2014 only. The immediate amendment of 430 CMR. 5.03(4) is necessary for the preservation of the general welfare to promote the timely payment of eligible claims for unemployment and the adequate funding of the unemployment insurance trust fund. 961 CMR State Lottery Commission 2.00 Rules and Regulations 95 Amends the regulations for the Lucky For Life game. Permanent Regulations 211 CMR Division of Insurance 7.00 Financial Surveillance of Massachusetts Insurance Holding Company Systems 97 Brings the provisions of 211 CMR 7.00 into compliance with national standards relative to disclosure requirements and monitoring of enterprise risk as it relates to domestic insurance companies that are members of an insurance holding company system. The changes are also necessary to assure that the Division of Insurance continues to be accredited by the National Association of Insurance Commissioners (“NAIC”). 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 321 CMR Division of Fisheries and Wildlife 3.00 Hunting 99 Establishes the rules for taking amphibians in the Commonwealth, including snapping turtles. Eliminates the harvest of wild snapping turtles for commercial purposes and further limit their harvest for personal use. 4.00 Fishing 101 Establishes the rules for harvest, possession and sale of certain inland fish species in the Commonwealth. 603 CMR Board of Elementary and Secondary Education 1.00 Charter Schools 103 Provides uniform rules & procedures governing the establishment of charter schools. The amendments are comprehensive & align the regulations with current guidance & policy, strengthen aspects of the charter school accountability system and align it more closely with the statewide accountability system, revises certain provisions regarding eligibility for new charters, increases enrollment of new students by prohibiting "rolling" waitlists and modifying requirements for filling admission spots that become available during a school year, specifies the roles and responsibilities of boards of trustees, changes the procedural requirements for amendments to charters, and clarifies the processes for imposition of conditions, probation, and closure. 28.00 Special Education 105 Governs the provision by Massachusetts public schools of special education and related services to eligible students and the approval of public or private day and residential schools seeking to provide special education services to publicly funded eligible students. The amendments are technical amendments to ensure consistency with the law (M.G.L. c. 71, § 94) on virtual schools. 48.00 Innovation Schools 107 Provides uniform rules and procedures governing the establishment of innovation schools. The amendments repeal the provisions relating to virtual innovation schools, in accordance with those provisions of St. 2012, c. 379, which eliminated virtual innovation schools and replaced such schools with Commonwealth Virtual Schools. 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 780 CMR Board of Building Regulations and Standards 1.00 Scope and Administration 109 Provides the scope of, and administrative requirements for, the entire building code. Amends the International Building Code, 2009 edition (IBC) to address MA General Laws and other issues unique to MA. Combines (embed) the amendments into the (IBC) text for ease of use. Adjusts several sections to add clarity, in particular Section 107, Construction Control, but the requirements of Chapter 1 have not changed. 2.00 Definitions 111 Provides definitions for terms used in the building code. Replaces the definition of owner to address circumstances not clearly covered by the current definition, especially in regard to State owned buildings. Substitutes the definition of Registered Design Professional for Registered Design Professional in Responsible Charge to clarify the intent that these terms, used primarily in Chapters 1 and 17, should have the same meaning. 5.00 General Building Heights and Areas 113 Provides regulations governing the allowable heights and areas of buildings considering construction type and other criteria. Reinstates the allowance to construct taller residential buildings if compliant fire sprinkler systems are installed. 9.00 Fire Protection Systems 115 Provides regulations for fire protection systems. In general, reduces
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