§ 10 — Reports; rules and regulations; federal aid

Massachusetts § 10

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 18: DEPARTMENT OF TRANSITIONAL ASSISTANCE

Text

[ First paragraph effective until January 9, 2025. For text effective January 9, 2025, see below.]Section 10. The commissioner shall annually prepare and submit to the governor and the general court, on or before the first day of November, a report which shall contain the description of organization of the department and a concise review of the work of the department and of the institutions under the supervision of the department for the preceding fiscal year and such suggestions and recommendations as to the department and the said institutions and as to the general interests of all persons under its supervision as he considers expedient, together with information embodying the experience of this and other jurisdictions relative to the best and most successful methods of caring for or providing services to such persons as come under its responsibility. The commissioner shall make and from time to time revise and publish such rules and regulations for the conduct of the business of the department and the execution of the programs administered by the department as may be necessary or appropriate. No such rule or regulation shall take effect unless, prior to notice under chapter thirty A, it has been submitted for review to the secretary of administration and, in the case of any rule or regulation relative to Title I, XIV or XVI, of the federal Social Security Act, for review and comment to the secretary of elder affairs. The extent of such review shall be no greater than that allowed by the federal Social Security Act. The department shall take such action as may be necessary or desirable for carrying out its programs and purposes in conformity with all requirements governing the granting of federal aid to the commonwealth. Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter one hundred and eighteen E, including but not limited to identifying individuals eligible for such assistance under said chapter, the commissioner shall assure that such activity or policy is reviewed by the commissioner of medical assistance.[ First paragraph as amended by 2024, 392, Sec. 20 effective January 9, 2025. For text effective until January 9, 2025, see above.]The commissioner shall annually prepare and submit to the governor and the general court, on or before the first day of November, a report which shall contain the description of organization of the department and a concise review of the work of the department and of the institutions under the supervision of the department for the preceding fiscal year and such suggestions and recommendations as to the department and the said institutions and as to the general interests of all persons under its supervision as he considers expedient, together with information embodying the experience of this and other jurisdictions relative to the best and most successful methods of caring for or providing services to such persons as come under its responsibility. The commissioner shall make and from time to time revise and publish such rules and regulations for the conduct of the business of the department and the execution of the programs administered by the department as may be necessary or appropriate. No such rule or regulation shall take effect unless, prior to notice under chapter thirty A, it has been submitted for review to the secretary of administration and, in the case of any rule or regulation relative to Title I, XIV or XVI, of the federal Social Security Act, for review and comment to the secretary of aging and independence. The extent of such review shall be no greater than that allowed by the federal Social Security Act. The department shall take such action as may be necessary or desirable for carrying out its programs and purposes in conformity with all requirements governing the granting of federal aid to the commonwealth. Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter one hundred and eighteen E, including but not limited to identifying individuals eligible for such assistance under said chapter, the commissioner shall assure that such activity or policy is reviewed by the commissioner of medical assistance.Notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulation that would alter eligibility for, or the level of benefits provided through the department, other than regulations which would benefit recipients, the department shall file with the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on children, families and persons with disabilities a report describing the changes and setting forth justification for any changes.