Statutes & Regulations

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Statutes or regulations, including proposed regulations. Code "comments" prepared by advocates under "Briefs, memoranda, advocacy letters."

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76 FR 9939 (Volume 76, Number 36) Garnishment of Accounts Containing Federal Benefit Payments

Treasure D-t, Fiscal Service, SSA, VA, RRB, OPM
Interim Final Rule effective May 1, 2011. Comments must be received on or before May 24, 2011.Financial institutions that receive garnishment orders must first determine if the United States or a State child support enforcement agency is the plaintiff that obtained the order. If so, the fin…

MassHealth Regulations and Other Publications

Final Rule: Management of Federal Agency Disbursements, 75 FR 80315

Financial Management Service, Fiscal Service, Treasury
The Department of the Treasury (Treasury) amended its regulation to require recipients of Federal nontax payments to receive payment by electronic funds transfer (EFT), effective May 1, 2011. The effective date is delayed until March 1, 2013, for individuals receiving Federal payments by check on…

Emergency Assistance Statute Governing DHCD

Massachusetts
The Emergency Assistance (EA) statute, G.L. c. 23B, section 30, as created by St. 2009, c. 4, section 37 and amended by St. 2009, c. 27, sections 13-16.  Includes thethe non-codified provisions at St. 2009, c. 27, sections 109 and 142 (as well as annual line item 7004-0101).

Unified Planning Teams (UPT) 101 CMR 17.00

MA EOHHS
Regulation on Unified Planning Teams (interagency teams) for children with complex needs. A child has complex needs if they are involved with at least three state agencies. "Involvement with a state agency consists of : (1) being determined eligible to receive services by a state…

Chapter 92 of the Acts of 2010 -- Massachusetts anti-bullying legislation

Massachusetts
Chapter 92 of the Acts of 2010 -- Massachusetts anti-bullying legislation -  G.L. c. 71, §370, the anti-bullying statute.  Legislation was amended by   Chapter 86 of the Acts of 2014,  signed into law on April 24, 2014. G.L. c. 71, §370, as amended, requires…

FBI regs on how to get your FBI records (Order 556-73)

FBI
These regulations (28 CFR 16) refer to a method to get a copy of your FBI record AND a waiver of the fee for a copy of an FBI record.   NOTE:  Upon contacting the FBI, GBLS was told the FBI has no affidavit of indigency type form.

G.L. c. 151B

Link to Massachusetts General Laws Chapter 151B:  Unlawful Discrimination because of Race, Color, Religious Creed, National Origin, Ancestry or Sex. 

G.L. c. 151A

Link to Massachusetts General Laws Chapter 151A:  Employment and Training.

Field Ops Memo 2009-66A: TAFDC – SSI Changes: Applications Taken on or After November 23, 2009

DTA
Due to the current fiscal crisis, certain individuals who are ineligible for TAFDC because of receipt of SSI, who have a legal obligation to support their dependent children or spouse, will have their income (excluding the first $100 of income) count in determining eligibility. This change is…

Outside Section 142, from FY 10 state budget - St. 2009, c. 37

Massachusetts Legislature
Outside Section 142, from FY 10 state budget - St. 2009, c. 37 SECTION 142. Notwithstanding any general or special law to the contrary, applications for assistance from the emergency housing program established in section 30 of chapter 23B of the General Laws shall be taken and processed at…

SSA Regulatory Agenda 2009

Dean Landis, Associate Commissioner, Office of Regulations, SSA
SSA published its spring 2009 regulatory agenda pursuant to Executive Order 12866 "Regulatory Planning and Review," 58 FR 51735,and the Regulatory Flexibility Act, 5 U.S.C. sections 601 to 612 (1988). SUPPLEMENTARY INFORMATION: The information provided in the agenda presents for public review a…

SSR 09-4p; Effective Date: March 20, 2009.

Social Security Administration
SSR 09-4p;Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Attending and Completing Tasks''

SSR 09-3p; Effective Date: March 19, 2009

Social Security Administration
Social Security Ruling, SSR 09-3p.; Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Acquiring and Using Information''

SSR: 09-8p; Effective Date: March 19, 2009

Social Security Administration
Social Security Ruling, SSR 09-8p. Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Health and Physical Well-Being''

SSR 09-1p; Effective Date: March 19, 2009.

Social Security Administration
Social Security Ruling, SSR 09-1p; Title XVI: Determining Childhood Disability Under the Functional Equivalence Rule--The ``Whole Child'' Approach

SSR 09-5p; Effective Date: March 19, 2009

Social Security Administration
Social Security Ruling, SSR 09-5p; Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Interacting and Relating With Others''

SSR 09-6p; Effective Date: March 19, 2009

Social Security Administration
Social Security Ruling, SSR 09-6p.; Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Moving About and Manipulating Objects''

SSR 09-7p; Effective Date: March 19, 2009

Social Security Administration
Social Security Ruling, SSR 09-7p; Title XVI: Determining Childhood Disability--The Functional Equivalence Domain of ``Caring for Yourself''

Chapter 71, section 37H

MA Legislature
Code of discipline related to weapons, controlled substances or assault.

Final Rule: Representative Payment Under Titles II, VIII and XVI of the Social Security Act

Social Security Administration
Effective December 10, 2008, SSA will not conduct a face-to-face interview with any rep payee who previously satisfied the payee investigation, including face-to-face interview and who serves as a payee currently and applies to become a payee for another beneficiary. SSA reserves the right to invite…

NPRM: Setting the Time and Place for a Hearing before an Administrative Law Judge

Social Security Administration
SSA proposes to clarify that the Agency is responsible for scheduling ALJ hearings. The rule will take most of the ALJ discretion of when/how to conduct hearings. Claimants retain the right to object to time/place/manner of ALJ hearings, including the right to appear in person and not by VTC.…

MA Education Laws

MA DESE
Massachusetts education laws.  Listing maintained by the Massachusetts Department of Elementary and Secondary Education.

MA Reg 603 CMR 28.04 Referral and Evaluation

MA Regulation covering initial evaluation, re-evaluation and independent evaluations.

Mass Special Education Regulations, State Rates and Physical Restraint Regulations

Links to: 603 CMR 28.00, Special Ed Regulations; 114.3 CMR 30.00 Team Evaluation Services which provides state rates for evaluations; and 603 CMR 46.00 Physical Restraint Regulations.

Chapter 688 Rules and Regulations.

Section of the Massachusetts General Laws, also known as Chapter 688, which describes the requirements to plan for services for disabled students who will no longer be eligible for special education services once they graduate or turn 22. M.G.L. ch. 71BM.G.L. - Chapter 71b, Section 12c The General…

603 C.M.R. § 28.08. Continuum of Options for Dispute Resolution.

Section of the Massachusetts special education regulations that sets out the options for dispute resolution, including mediation and hearings. 603 C.M.R. § 28.08 (2007).

34 C.F.R. 300.43 Definition of Transition Services

Section of the Code of Federal Regulations that defines Transition services, describing transition as a results-oriented process.

114.3 C.M.R. 30.00

Massachusetts health regulation that gives the rates the school district must pay for publicly-funded independent evaluation services.

NPR: Revisions to Rules on Representation of Parties, 73 Fed. Reg. 51963 (9/8/08)

Comments due by November 7, 2008

Department of Youth Services (DYS) regulations

MA Legislature
109 CMR 2.01 et seq.

NPR: Revised Medical Criteria for Evaluating Hearing Loss, 73 Fed. Reg. 47103 (8/13/08)

Comments due by October 14, 2008

Chapter 71, section 37H 1/2

Statute concerning suspension of a student charged with a felony or felony delinguency complaint and expulsion of a student convicted of a felony or felony delinquency complaint, and the student's right to appeal.

Final Rule: Amendments to the Ticket to Work and Self-Sufficiency Program

Final Rule: Parent-to-Child Deeming From Stepparents

SSA
WAIS Document Retrieval

MassHealth Memo on Iraqui/Afghan Immigrants

Office of Medicaid
  Due to changes in federal law, certain Iraqi and Afghan aliens may qualify for MassHealth programs as Qualified Aliens.    See updated Oct 2021 guidance on Afghan…

Section 504 Regulations (34 CFR 104)

Federal regulations effectuating section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.

Connector affordability & eligibility regulations-Feb. 4, 2008 public hearing

Notice from the Connector of a public hearing on Feb 4, 2008 on proposed changes to the 6.00 affordability regulations and the 3.00 eligibility & hearing regulations.

Proposed Regulations: Amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board Appeals Levels, 72

Note -  these Proposed Regulations  this publication do not affect the FedRO step.  We are still waiting for SSA to publish final regs suspending the FedRO step!    Also note  -  these are PROPOSED regs - the comment period does not close until 12/28/07 - so nothing is going to change until…

Notice: Demonstration Project on Direct Payment of Fees to Non-Attorney Representatives, 72 Fed. Reg. 46121 (8/16/07)

SUMMARY: In prior notices published in the Federal Register, we provided guidance on the requirements for participation in the Non-Attorney Direct Payment Demonstration Project mandated by Section 303 of the Social Security Protection Act of 2004 (SSPA). In this notice, we are announcing that we are…

SSI Extension for Elderly and Disabled Refugees Act, HR 2608

final bill

SSA Publishes Final Regulation on Privacy and Disclosure of Official Records and Information

DLC
Published at 72 Fed. Reg. 20935 (4/27/07) Effective date: May 29, 2007. The proposed regulations were published on 9/13/06 at 71 Fed. Reg. 53994. Few changes have been made in the final regulations. One important change is SSA's decision that it will not not consider state courts as courts of…

Civil Monetary Penalty and Administrative Sanctions Provisions Are In Effect

In two notices  (below) in the May 16, 2007 federal register, SSA announced the operation of the  centralized computer system that was the prerequisite for imposing civil  monetary penalties for withholding information from or failing to provide information to SSA. The…

Commonwealth Care Eligibility Regulations-12/2006

Regulations governing the Connector Authority's implementation of the new Commonwealth Care Program, eligibility and hearings

Proposed SSA Regulations Open for Public Comment and Recently Closed for Comment

SSA

Final Regulations on CDR Failure to Cooperate Process (71 Fed. Reg. 60819, 10/17/06)

SUMMARY: We are amending our regulations to provide that we will suspend your disability benefits before we make a determination during a continuing disability review (CDR) under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary…

Final Regulations on Representative Payment Policies and Administrative Procedure for Imposing Penalties for False or Misleading

SUMMARY: We are amending our regulations on representative payment and on the administrative procedure for imposing penalties for false or misleading statements or withholding of information to reflect and implement certain provisions of the Social Security Protection Act of 2004 (SSPA). The SSPA…

Federal regulations: 34 CFR Parts 300 and 301

U.S. Department of Education
Department of Education 34 CFR Parts 300 and 301 Assistance to States for the Education of Children with Disabilities and Preschool Grant for Children with Disabilities.

Federal Special Ed Regulations 34 CFR Parts 300 and 301 Aug 14-2006

US Dept of Elementary and Secondary Education
Federal regulations to implement the Individuals with Disabilities Education Act (IDEA) reauthorized in 2004.

POMS GN 02613.000 Title II Fugitive Felons and Parole and Probation Violators

SSA