SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission to be known as the MassHealth Cost Control Commission to investigate the use of co-payments for MassHealth members with the goal of encouraging the most cost effective use of health care resources. The investigation shall include, but not be limited to, the study of savings that would result from charging a co-payment for the use of emergency care.  A copayment for emergency services could serve as an incentive to utilize primary care and discourage the inappropriate use of emergency rooms in non-emergency situations. Inappropriate use of health care resources may be defined as an instance in which an individual seeks care in an emergency room department, but whose medical needs could have been mitigated in a non-ambulatory environment.

The commission shall investigate possible cost-savings for the MassHealth program and any positive and negative deterrent effects a co-payment will have on MassHealth members, in encouraging members to use primary care rather than emergency care in non-emergency situations.

The MassHealth Cost Control Commission shall consist of 9 members: 1 member who shall be a representative of a major hospital within the commonwealth, appointed by the governor; 1 member who shall be an advocate for MassHealth members, appointed by the director of Medicaid; 1 member who shall be an expert in national health care policy, appointed by the governor; 1 member who shall be a representative of MassHealth, appointed by the director of Medicaid; 1 member who shall be a taxpayer’s advocate, appointed by the governor; 1 member of the senate, appointed by the senate president; 1 member of the senate, appointed by the senate minority leader; 1 member of the house of representatives, appointed by the speaker of the house; and 1 member of the house of representatives, appointed by the house minority leader. The appointees of the Senate President and Speaker of the House of Representatives shall co-chair the commission.

The Commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and the senate within 180 days of the passage of this act.