Health Announce: July 28, 2025

Topics for this week’s Health Announce:

1. One-week extension for comments on proposed MassHealth regulations – now due 5 pm August 1st.
2. Executive Order aimed at involuntarily institutionalizing the unhoused.
3. Upcoming MTF Meetings.
4. New Massachusetts law prohibits landlords from requiring tenants to pay broker fees.

Be well,

Health Law Unit
Massachusetts Law Reform Institute

Celebrate 60 years of Medicare and Medicaid!

Wednesday, July 30th is the 60th anniversary of the enactment of Medicaid and Medicare, as well as the Older Americans Act. Prior to 1966, half of all older adults had no health insurance; between 50-60% of poor children never saw a doctor each year. Today:

• 68.6 million older adults are enrolled in Medicare;
• 37.3 million children are enrolled in CHIP or Medicaid;
• 12 million people are dually eligible for both Medicare and Medicaid; and
• 78.4 million people are enrolled in Medicaid and CHIP.

1. One-week extension for comments on proposed MassHealth regulations – now due 5 pm August 1st.

A few weeks ago, MassHealth posted a notice of proposed amendment of several MassHealth regulations, including one that was scheduled for a public hearing last Friday. Many of these amendments are catching up with policies that have already changed pursuant to amendments to the 1115 Demonstration, Eligibility Operations memos, new CMS guidance, and changes in state statutes. Written comments, originally due last Friday, will be accepted until 5 pm on Friday, August 1, 2025.

The following regulations are amended:

• 130 CMR 501.000 and 515.000 -- MassHealth: General Policies
• 130 CMR 502.000 and 516.000 -- MassHealth: The Eligibility Process
• 130 CMR 503.000 and 517.000 -- MassHealth: Universal Eligibility Requirements
• 130 CMR 505.000 and 519.000 -- MassHealth: Coverage Types
• 130 CMR 506.00 -- MassHealth: Financial Requirements
• 130 CMR 522.000: MassHealth: Other Division Programs

2. Executive Order aimed at involuntarily institutionalizing the unhoused.

Executive Order: Ending Crime and Disorder on America’s Streets was released July 24, 2025. The Order directs the Attorney General to seek “the reversal of Federal or State judicial precedents and the termination
of consent decrees that impede the United States’ policy of encouraging civil commitment of individuals with mental illness who pose risks to themselves or the public or are living on the streets and cannot care for themselves in appropriate facilities for appropriate periods of time.”

Advocates and stakeholders denounced this move to institutionalize unhoused people and individuals with mental illness. Involuntary commitment must be a last resort, not a primary policy. Resources for people experiencing homelessness can be found here and here.

3. Upcoming MTF Meetings.

The Massachusetts Health Care Training Forum (MTF) holds several meetings this week:

• MassHealth Training Forum Provider Updates: 10:00 am – 11:30 am on July 29; and 2:00 pm – 3:30 pm on July 31
• MA Health Care Learning Series: 2:00 pm – 3:30 pm on July 29
• MassHealth & Health Safety Net Updates: 2:00 pm – 3:30 pm on July 30

4. New Massachusetts law prohibits landlords from requiring tenants to pay broker fees.

Beginning August 1, 2025, a new Massachusetts law makes it clear that landlords cannot make tenants pay broker fees. Tenants are free to hire brokers themselves to find rental homes. But landlords and brokers that are already working together cannot require tenants to pay fees like application, background or credit check fees when applying for an apartment. Attached is a flyer on this new law.