Adopted

Redraft 52

Corrective Amendment

Mr. Brewer moved that the bill be amended by striking out section 22, and inserting in place thereof the following section:-

“SECTION 22. Section 40 of said chapter 262, as appearing in section 60 of chapter 140 of the acts of 2012, is hereby amended by adding the following sentence:- No fee under this section shall be charged to the commonwealth or a state agency, but if an action initiated by the commonwealth or a state agency results in the appointment of a fiduciary with control over the assets of an estate, then any such fees normally chargeable to an estate shall be deferred until the fiduciary is duly appointed and authorized to expend the assets of the estate.”; and

by inserting after section 31 the following 2 sections:-

“SECTION 31A. Item 7008-0900 of said section 2 of said chapter 139 is hereby amended by adding the following words:- ; provided further, that not less than $100,000 shall be expended for accessibility at the Arc of Greater Plymouth; and provided further, that not less than $50,000 shall be expended to the Greater Plymouth Performing Arts Center.

SECTION 31B. Said item 7008-0900 of said section 2 of said chapter 139 is hereby further amended by striking out the figure “$7,217,109” and inserting in place thereof the following figure:- $7,792,109.”; and

by inserting after section 40 the following section:-

“SECTION 40A. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not exceeding a total of $20,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 139 of the acts of 2012, shall not revert to the General Fund until September 1, 2013 and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600 and 4000-0700 of said section 2 of said chapter 139 provided during fiscal year 2013.”; and

by inserting after section 48 the following 2 sections:-

“SECTION 48A. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Section 1202 Trust Fund. An amount equal to the federal financial participation received for the portion of expenditures eligible for 100 per cent federal financial participation under section 1202 of the Patient Protection and Affordable Care Act and regulations adopted thereunder shall be deposited into the fund. The amount deposited shall not exceed the amount expended from the fund. The secretary of health and human services shall be the trustee of the fund and shall expend moneys in the fund, without further appropriation, exclusively for services provided in calendar years 2013 and 2014 that are eligible for 100 per cent federal financial participation under said section 1202. The secretary may incur expenses and the comptroller may certify for payment from the fund amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year. Any remaining balances in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available during the following fiscal year for the purposes of this section. Funds may be expended for services provided in prior fiscal years.

SECTION 48B. Section 48A is hereby repealed.”; and

by adding the following section:-

“SECTION 50. Section 48B shall take effect on June 30, 2015.”