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The Massachusetts Register Issue: 1240, Date: 8/2/2013 The Massachusetts Register Published by: The Secretary of the Commonwealth, William Francis Galvin, Secretary $10.00 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Issue: 1240 Date: 8/2/13 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 GOVERNOR Executive Order No. 547: Renaming of the Massachusetts Military Reservation to Joint Base Cape Cod 3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES Administrative Bulletin 13-09: 114.1 CMR 41.00: Rates of Payment for Services Provided to Industrial Accident Patients by Hospitals 7 CENTER FOR HEALTH INFORMATION AND ANALYSIS Administrative Bulletin 13-05: 957 CMR 5.00: Health Care Claims, Case Mix and Charge Data Release Procedures and 114.5 CMR 22.00: Health Claims Data Release 13 Administrative Bulletin 13-06: 957 CMR 5.00: Health Care Claims, Case Mix and Charge Data Release Procedures and 114.5 CMR 22.00: Health Claims Data Release 29 DIVISION OF MEDICAL ASSISTANCE Notice of Proposed Agency Action: MassHealth: Payment for Chronic Disease and Rehabilitation Hospital Services 31 Notice of Proposed Agency Action: MassHealth: Payments to a Non-acute Chronic Hospital 41 ANNUAL LIST OF PROSPECTIVE REGULATIONS Executive Office of Public Safety and Security 47 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 ADMINISTRATIVE PROCEDURES Notices of Public Review of Prospective Regulations 53 Cumulative Table 55 Notice of Expiration of Emergency Regulation - Emergency Regulations - Permanent Regulations 65 Future Effective Date Regulations - 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 There are no Emergency Regulations in this Massachusetts Register - Permanent Regulations 101 CMR Executive Office for Health and Human Services 317.00 Medicine - Compliance 65 114 CMR Division of Health Care Finance and Policy 114.3 17.00 Medicine - Compliance 67 130 CMR Division of Medical Assistance 519.000 MassHealth: Coverage Types 69 Revises the regulations concerning the asset limit for calendar year 2011 and 2012 for MassHealth Senior Buy-in and MassHealth Buy-in Applicants and members. 520.00 MassHealth: Financial Eligibility 71 Revises the regulations concerning the asset limit for calendar year 2011 and 2012 for MassHealth Senior Buy-in and MassHealth Buy-in Applicants and members. 301 CMR Executive Office of Energy and Environmental Affairs 20.00 Coastal Zone Management Program 73 Establishes the CZM Program Policies as official statements of state environmental policy for the Coastal Zone; ensures that implementation of the Massachusetts Coastal Zone Management Program by the Executive Office of Energy and Environmental Affairs, its Office of Coastal Zone Management, and its departments and divisions are conducted and coordinated in accordance with M.G.L. c. 21A, § 2(29) and § 4A; and allows for analysis and evaluation of projects in the Coastal Zone for which consistency review with CZM Program Policies is authorized. 21.00 Coastal Zone Management Program Federal Consistency Review Procedures 75 Repeals Chapter. 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 28.00 Ocean Management Plan 77 Defines, interprets, and clarifies the procedures and rules for the implementation of the Massachusetts Ocean Management Plan as required by the Oceans Act (St. 2008, c. 114). The Oceans Act requires that the Secretary promulgate regulations to implement, administer and enforce M.G.L. c. 21A, § 4C. 301 CMR 28.00 establishes the procedures and requirements necessary to interpret, implement, administer, and enforce M.G.L. c. 21A, § 4C and the Ocean Management Plan. 321 CMR Division of Fisheries and Wildlife 4.00 Fishing 79 Table 1 of 321 CMR 4.01 establishes the open season dates and daily catch limits for the taking of certain fish from inland waters. The change reduces the American Shad daily catch limit in the Connecticut and Merrimac Rivers from six to three fish and makes it “catch and release” only in the other inland waters of the Commonwealth. The purpose is to comply with new requirements of the Atlantic States Marine Fisheries Commission’s Management Plan for American Shad. 322 CMR Division of Marine Fisheries 3.00 1971 Compilation 81 Eliminates restrictions on the number of hooks anglers can use when fishing for shad on areas of the Palmer River and white perch on areas of the Agawam River. In addition, eliminates the state's coho salmon regulations. 6.00 Regulation of Catches 83 Suspends the surf clam minimum size for surf clams being landed in state ports that were legally caught in federal waters by federally permitted vessels. Eliminates annual commercial catch reporting in the state's scup and black sea bass fishery; annual reporting is unnecessary as catch data is now collected on a monthly trip-level basis. 6.00 Regulation of Catches - Compliance 85 7.00 Permits 87 Eliminates the requirement that charter boat operators must post recreational fishing regulations on board their vessel. Due to the small size of charter boat operations, operators can inform patrons of these regulations verbally. No changes were enacted for party boats that take more than six passengers. In addition, corrects the cross reference to 322 CMR 3.00 at 322 CMR 7.05(4) so that it conforms with changes made to 322 CMR 3.00. 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. Page 8.00 Coastal Fisheries and Conservation Management 89 In accordance with amendments made to 322 CMR 3.00, this regulatory action corrects the cross reference to 322 CMR 3.00 at 322 CMR 8.07(2) and 8.11(14) and (15). 12.00 Protected Species 91 As the federal harbor porpoise take reduction plan applies all gillnetting in state and federal waters and the state cannot make adjustments to ensure its state regulations are in phase with the federal requirements, this action eliminates the state's complementary gillnet pinger regulations. Commercial gillnet fishermen operating in state waters are still required to set pingers on their gillnets in accordance with the spatial and temporal requirements set forth in the federal regulations. 524 CMR Board of Elevator Regulations 35.00 Safety Code for Elevators and Escalators A17-2004 and the Massachusetts Modifications of that Code 93 Makes it clear that in addition to the restriction as to who may possess a fire fighters switch key, the key can only be used by those individuals in the performance of their official duties. This is being done to prevent misuse of the keys. 760 CMR Department of Housing and Community Development 64.00 Publicly-assisted Affordable Housing Preservation Program 95 Sets out additional definitions and the details related to the process of the required notices as well as the authorized right of first offer and the right of first refusal; also sets out the standards for the statutory exemptions to the offer/right of refusal. Set out definitions essential to the implementation of the statute as well as the details of the notice provisions and the standards related to obtaining one of the statutory exemptions. 801 CMR Executive Office for Administration and Finance 4.00 Rates 97 Establishes fees to implement the Department of Public Health's program for the medical use of marijuana. 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 830 CMR Department of Revenue 62B.00 Withholding and Estimated Taxes 99 Establishes a requirement that pass-through entities with Massachusetts- source income withhold Massachusetts tax from amounts allocated to their non-resident members who do not participate in a composite return or agree to file on their own behalf. Reflects procedural changes in the way DOR administers the pass-through entity withholding program. Revises definitions and exemptions in response to issues that have arisen in the administration of the program since its inception. 961 CMR State Lottery Commission 2.00 Rules and Regulations - Compliance 101 The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
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