Issue: 1129, Date: 5/1/2009 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: 1129, Date: 5/1/2009 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 - HEALTH CARE QUALITY AND COST COUNCIL Administrative Bulletin 2.00: Uniform Reporting System for Health Care Claims 2 Data Sets - DIVISION OF HEALTH CARE FINANCE AND POLICY Informational Bulletin 09-07: 114.3 CMR 22.00 Durable Medical Equipment, Oxygen 3 and Respiratory Therapy Equipment - ADMINISTRATIVE PROCEDURES Notice of Public Review of Prospective Regulations 9 Cumulative Table 19 Emergency Expiration 28 Emergency Regulations 33 Permanent Regulations 49 MASSACHUSETTS REGISTER (THE) (ISSN-08963681) is published biweekly for $300.00 per year by the Secretary fo the Commonwelath, State House, Boston, MA 02133. Second Class postage is paid at Boston, MA. POSTMASTER: Send address chagne to: Massachusetts Register, State Bookstore, Room 116, State House, Boston, MA 02133.The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only. The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm. Page Emergency Expiration 225 CMR Energy Resources, Department of 17.00 ADVANCED BIOFUELS QUALIFICATION AND MINIMUM CONTENT 28 REQUIREMENTS Establishes a process for the DOER to qualify cellulosic biofuels as an “eligible cellulosic biofuel” for purposes of exempting such fuels from the motor fuels tax as required by Section 1 of Chapter 206 of the Acts of 2008. 310 CMR Environmental Protection, Department of 10.00 Wetlands Protection Act 29 The purpose of the proposed emergency regulations is to expand the Agricultural Emergencies section to allow for immediate work under the Wetlands Protection Act for the eradication of Asian longhorned beetles in response to an order or regulation issued by the United States Department of Agriculture (USDA) or the Massachusetts Department of Conservation and Recreation (DCR). The regulations contain conditions for undertaking work in wetland resource areas (e.g. requirements for mapping, site meetings, staging locations, access roads, stream crossings, and erosion controls). The geographic scope of the proposed change is limited to five communities in Worcester County that are the subject of an order or regulation issued by USDA or DCR. 314 CMR Water Pollution Control, Division of 9.00 Massachusetts Clean Water Act 31 The purpose of the proposed emergency regulations is to allow for the authorization of emergency actions to allow for immediate work under the Massachusetts Clean Water Act for the eradication of Asian longhorned beetles in response to an order or regulation issued by the United States Department of Agriculture (USDA) or the Massachusetts Department of Conservation and Recreation (DCR). The regulation allows activity subject to the jurisdiction of 310 CMR 10.00 which has been certified as an emergency by a conservation commission, by the Department, or is authorized under 310 CMR 10.06(6)(a)4. Emergency Regulations 130 CMR Medical Assistance, Division of 501.000 Health Care Reform: MassHealth: General Policies 33 Revises he definition of “spouse” to meet the requirements of state law. 506.000 Health Care Reform: MassHealth: Financial Requirements 35 Revises the date of the annual change about the federal-poverty level from a specific month to “annually.” 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 515.000 MassHealth: General Policies 37 Revises he definition of “spouse” to meet the requirements of state law 519.000 MassHealth: Coverage Types 39 Makes the cost-of-living adjustments for 2008. 520.000 MassHealth: Financial Eligibility 41 Makes the cost-of-living adjustments for 2008. Additionally, revises the federal-poverty level date of the annual change from a specific month to “annually.” 330 CMR Food & Agriculture, Department of 29.00 Dairy Farmer Tax Credit 43 330 CMR 29.00 implements M.G.L. c. 62, §§ 6(o)(1) through (4), and M.G.L. c. 63, § 38Z, which provides for a tax credit to dairy farmers. The purpose of 330 CMR 29.00 is to provide revenue stability to dairy farmers when milk prices paid to farmers fall dramatically. 520 CMR Public Safety, Department of 14.00 Excavation and Trench Safety 45 Establishes reasonable standards to protect the safety of the citizens of the Commonwealth from hazards inherent in excavations and trenches and to provide for penalties for individuals who violate any provisions of the regulation. 524 CMR Elevator Regulations, Board of 32.00 Vertical Reciprocating Conveyors 47 These new regulations govern Vertical Reciprocating Conveyors (VRC). As of April 13, 2009, the definition of "elevator" in M.G.L. c.143, § 71E now includes VRCs. These devices were not previously included in the definition and accordingly, not addressed in the elevator regulations (524 CMR). The regulations cover the scope of devices regulated and provide safety standards for the installation, maintenance, repair, and inspection of VRCs. Permanent Regulations 101 CMR Health and Human Services, Executive Office for 15.00 Criminal Offender Records Checks 49 Revisions establish a core standardized policy and procedure for EOHHS and its agencies, as well as specified vendor programs, to follow when reviewing Criminal Offender Records Information (CORI) of current and prospective employees. 105 CMR Public Health, Department of 200.000 Physical Examination of School Children 51 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 Establishes revised requirements for vision and hearing screenings in schools. Schools will be required to calculate student BMIs in grades 1, 4, 7 and 10 and communicate the findings directly and confidentially to parents. Establishes requirements for school related physical examinations by primary care providers and school physicians, and for vision, hearing and BMI screenings in schools. 114.3 114.3 CMR Health Care Finance and Policy, Division of CMR 4.00 Rates for Community Health Centers 53 205 CMR Racing Commission, State 3.00 Harness Horse Racing 55 Changes amount state judges can fine participants and revises Anabolic Steroid language. 4.00 Rules of Horse Racing 57 Changes the amount Stewards can fine; provides for open claiming; changes Anabolic Steroid language; and provides specifications for riding crops. 310 CMR Environmental Protection, Department of 30.00 Hazardous Waste Regulations 59 Clarifies and affirms the regulatory and permitting requirements for waste oil, used oil fuel and other regulated recyclable materials. Other revisions pertain to regulated, recyclable material and clarify that shipments sent off the site of generation by a generator must go directly to the appropriate, authorized facility. Another revision incorporates a federal hazardous waste exclusion which conditionally exempts eligible medical nitroglycerine. 314 CMR Water Pollution Control, Division of 19.00 Oil Spill Prevention and Response Act 61 This regulation specifies provisions for: the dispatch of state pilots upon request to provide navigational assistance to tank vessels operating in and transiting Buzzards Bay; and notification by vessels 24 hours prior to transit. This regulation was originally filed for emergency adoption effective February 12, 2009. The final regulation removes provisions related to rescue tugs. 322 CMR Marine Fisheries, Division of 12.00 Protected Species 63 Complements federal regulations that are part of the Harbor Porpoise & Atlantic Large Whale Take Reduction Plans, as well as relocating surface gillnet permit requirements into proper permitting chapter 7.00. 4.00 Fishing & Shellfish Equipment 65 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 Clarifies current policies governing the harvest of pelagic species (menhaden, mackerel and sea herring) by nets (purse seines, gillnets and cast nets) and implements new rules to complement existing policies and management strategies as well as complements federal regulations that are part of the Harbor Porpoise and Atlantic Large Whale Take Reductions Plans. 6.00 Regulation of Catches 67 Clarifies that vessels using or possessing surface gillnets shall not be precluded from possessing striped bass under a longstanding regulation that prohibits striped bass possession for vessels “rigged for netting"; rescinds