Consolidated Amendment #I to H.4100

Consolidated Amendment "I" to H4100

Public Health

Fiscal Note: $14,368,970

Amendments from Public Health: 24, 50, 59, 60, 68, 70, 103, 117, 177, 227, 240, 249, 265, 298, 322, 331, 332, 335, 336, 372, 374, 377, 380, 382, 384, 389, 401, 408, 410, 416, 418, 436, 442, 461, 470, 474, 479, 490, 526, 554, 560, 566, 575, 576, 577, 584, 588, 596, 608, 628, 640, 644, 666, 668, 669, 683, 685, 686, 691, 744, 753, 783, 785, 786 and 829.

Amendments 248 and 535 have been re-categorized to Health and Human Services.

Amendments 318, 406, 594 and 721 have been re-categorized from Legislation, Non-Budget.

Amendment 654 has been re-categorized from Judiciary.

Mr. Dempsey of Haverhill and others move to amend H.4100 in section 2, by inserting after item 4408-1000 the following item:

4510-0020 For the department of public health, which may expend not more than $375,000 in revenues collected from fees charged by the food protection programs for program costs of the department's food protection program; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system………..$375,000.

And further amend the bill in section 2, in item 4510-0110, by adding the following: “; and provided further, that no less than $100,000 shall be expended for the South Boston Community Health Center for the implementation of the South Boston Leadership Initiative pilot program”; and in said item by striking out the figures “$965,634” and inserting in place thereof the figures “$1,065,634”.

And further amend the bill in section 2, in item 4510-0600, in line 13, by adding the following: "; and provided further, that $150,000 shall be expended for a comprehensive study of the exposure routes and patterns of contaminants in the Maple Meadowbrook Aquifer migrating to and affecting the Wilmington drinking water supply and the incidence of childhood cancer in the town of Wilmington"; and in said item by striking out the figures "$3,163,711" and inserting in place thereof the figures "$3,313,711".

And further amend the bill in section 2, in item 4510-0725, by striking out the figures “$232,382” and inserting in place thereof the figures “$273,383”.

And further amend the bill in section 2, in item 4512-0103, by striking out the figures "$31,597,810” and inserting in place thereof the figures "$32,097,810".

And further amend the bill in section 2, in item 4512-0200, by adding the following:-

; provided further, that not less than $125,000 shall be expended for Self Esteem Boston’s substance abuse direct service prevention and provider training programs; provided further, that not less than $200,000 shall be expended to fund the Gavin Foundation, Inc.’s Speakers for Hope program; and provided further, that not less than $300,000 shall be expended for integrated treatment and stabilization services for individuals and families living with co-occurring substance use and mental health disorders” and in said item by striking out the figures “$76,539,595” and inserting in place thereof the figures “$77,539,595”.

And further amend the bill in section 2, in item 4512-0201, by striking out the figures “$2,800,000” and inserting in place thereof the figures “$4,800,000”.

And further amend the bill in section 2, by inserting after item 4512-0201 the following item:

4512-0203 For family intervention and care management services programs, a young adult treatment program, and early intervention services for individuals who are dependent on or addicted to alcohol or controlled substances or both alcohol and controlled substance…….$1,500,000.

And further amend the bill in section 2, in item 4512-0500, by adding the following: “; and provided further, that funds shall be expended for the Forsyth Institute’s Center for Children’s Oral Health”.

And further amend the bill in section 2, in item 4513-1000, by striking out the figures "$4,563,911" and inserting in place thereof the figures "$4,763,911".

And further amend the bill in section 2, in item 4513-1020, by striking out the figures "$25,723,610" and inserting in place thereof the figures "$27,023,610".

And further amend the bill in section 2, by inserting after item 4513-1020 the following item:

4513-1023 For the universal newborn hearing screening program; provided, that funds appropriated in this item shall be expended for the notification of and follow through with affected families, primary care providers and early intervention programs upon the department's receipt of data indicative of potential hearing disorders in newborns….….$68,938.

And further amend the bill in section 2, by inserting after item 4513-1026 the following item:

4513-1098 For the provision of statewide support services for survivors of homicide victims, including outreach services, burial assistance, grief counseling, and other support services; provided, that funds shall be expended as grants in the aggregate amount of $125,000 to the Louis D. Brown Peace Institute, a community-based support organization dedicated to serving families and communities impacted by violence…………………..$125,000.

And further amend the bill in section 2 by striking out item 4513-1111 and inserting in place thereof the following item:

4513-1111 For the promotion of health and disease prevention including, but not limited to, the following programs: breast cancer prevention; diabetes screening and outreach; ovarian cancer screening; a statewide STOP stroke program and ongoing stroke prevention and education; hepatitis C prevention and management; multiple sclerosis screening, information, education and treatment programs and the Multiple Sclerosis Home Living Navigating Key Services program administered by the Central New England Chapter of the National Multiple Sclerosis Society; colorectal cancer prevention; prostate cancer screening, education and treatment with a particular focus on African American males; osteoporosis education; maintenance of the Amyotrophic Lateral Sclerosis registry created pursuant to section 25A of chapter 111 of the General Laws; and maintenance of the statewide lupus database; provided further, that funds may be expended for the operation of the Betsy Lehman Center for patient safety; and provided further, that $50,000 shall be expended for education and support of patients diagnosed with PKU or related disorders and their families through a grant to NECPAD.………………….……$3,400,000.

And further amend the bill in section 2, in item 4513-1130, in line 7, by inserting after “communities” the following: “and provided further, that funds may be expended for classroom-based domestic violence prevention education programs administered in item 0340-0900 in fiscal year 2009”.

And further amend the bill in section 2, in item 4518-0200, by striking out the figures "$466,904" and inserting in place thereof the figures "$616,904".

And further amend the bill in section 2, in item 4590-0250, by inserting after “public” the following: “and non-public”; and in said item by striking out the figures “$11,132,301” and inserting in place thereof the figures “$11,332,301”.

And further amend the bill in section 2, in item 4590-0300, by adding the following: “; and provided further, that not less than $100,000 shall be expended for the Massachusetts Model of Community Coalitions”; and in said item by striking out the figures "$4,150,703" and inserting in place thereof the figures "$4,400,703".

And further amend the bill in section 2, in item 4590-0912, by striking the figures “$16,457,488” and inserting in place thereof the figures “$16,953,548”.

And further amend the bill in section 2, in item 4590-0915, by striking out the figures "$139,768,772" and inserting in place thereof the figures "$144,090,926".

And further amend the bill in section 2, in item 4590-1506, by striking out the figures "$1,000,000" and inserting in place thereof the figures "$1,500,000".

And further amend the bill in section 2, in item 4590-1507, by adding the following: “; provided further, that each organization previously included in the youth-at-risk grants shall receive in fiscal year 2013 a grant amount not less than that received in fiscal year 2012; and provided further, that funds granted to the Massachusetts Alliance of Boys & Girls Clubs must be distributed equally between said recipient's member organizations”; and in said item by striking out the figures "$1,800,000" and inserting in place thereof the figures "$1,900,000".

And further amend the bill by striking out section 46 and inserting in place thereof the following section:-

SECTION 46. Chapter 111N of the General Laws is hereby repealed.

And further amend the bill by adding the following sections:

SECTION XX. Section 5 of chapter 112 of the General Laws is hereby amended by striking out paragraphs 6 through 8, inclusive, and inserting in place thereof the following four paragraphs: - The board shall collect the following information reported to it to create individual profiles on licensees and former licensees, in a format created by the board that shall be available for dissemination to the public: (a) a description of any criminal convictions for felonies and serious misdemeanors as determined by the board. For the purposes of this subsection, a person shall be deemed to be convicted of a crime if he pleaded guilty or if he was found or adjudged guilty by a court of competent jurisdiction; (b) a description of any charges for felonies and serious misdemeanors as determined by the board to which a physician pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction; (c) a description of any final board disciplinary actions; (d) a description of any final disciplinary actions by licensing boards in other states; (e) a description of revocation or involuntary restriction of privileges by a hospital, clinic or nursing home under the provisions of chapter 111, or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth, for reasons related to competence or character that have been taken by the governing body or any other official of the hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, clinic or nursing home or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth ; (f) all medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party and all settlements of medical malpractice claims in which a payment is made to a complaining party. Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement. Information concerning paid medical malpractice claims shall be put in context by comparing an individual licensee’s medical malpractice judgment awards and settlements to the experience of other physicians within the same specialty. Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.”

Nothing herein shall be construed to limit or prevent the board from providing further explanatory information regarding the significance of categories in which settlements are reported. Pending malpractice claims shall not be disclosed by the board to the public. Nothing herein shall be construed to prevent the board from investigating and disciplining a licensee on the basis of medical malpractice claims that are pending. (g) names of medical schools and dates of graduation; (h) graduate medical education; (i) specialty board certification; (j) number of years in practice; (k) names of the hospitals where the licensee has privileges; (l) appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten years; (m) information regarding publications in peer-reviewed medical literature within the most recent ten years; (n) information regarding professional or community service activities and awards; (o) the location of the licensee’s primary practice setting; (p) the identification of any translating services that may be available at the licensee’s primary practice location; (q) an indication of whether the licensee participates in the Medicaid program.

The board shall provide individual licensees with a copy of their profiles prior to release to the public. A licensee shall be provided a reasonable time to correct factual inaccuracies that appear in such profile. A physician may elect to have his profile omit certain information provided pursuant to clauses (l) to (n), inclusive, concerning academic appointments and teaching responsibilities, publication in peer-reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating the same, the board shall inform physicians that they may choose not to provide such information required pursuant to said clause (l) to (n), inclusive. For physicians who are no longer licensed by the board, the board shall continue to make available the profiles of such physicians, except for those who are known by the board to be deceased. The board shall maintain the information contained in the profiles of physicians no longer licensed by the board as of the date the physician was last licensed, and include on the profile a notice that the information is current only to that date.

SECTION XX. Section 3 of chapter 175H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding, at the end thereof, the following two paragraphs:-

This section shall not apply to a discount, rebate, free product voucher or other reduction in out-of-pocket expenses, including but not limited to co-payments and deductibles on a prescription drug, biologic or vaccine provided by a pharmaceutical manufacturing company that is made available to an individual, if such is provided directly or electronically to the individual or through a so-called “point of sale” or “mail-in” rebate, or through similar means; provided however, that a pharmaceutical manufacturing company shall neither exclude nor favor any individual pharmacy or restricted network of pharmacies in the design of such discount, rebate, free product voucher or other expense reduction offer to an individual; provided further, that this section does not negate the need for a written prescription as otherwise required by law, nor is it intended to constrain a carrier or a health maintenance organization, as defined in chapter 118G, with regard to how its plan design will treat such discounts, rebates, free product voucher or other reduction in out of pocket expenses, including but not limited to co-payments and deductibles.

For purposes of the Federal Health Insurance Portability and Accountability Act of 1996 and regulations issued there under, nothing in this section shall be deemed to require or allow the use or disclosure of health information in any manner that does not otherwise comply with such Act or such regulations.

SECTION XX. Section 54 of chapter 288 of the acts of 2010 is hereby amended by striking the second paragraph in its entirety and replacing it with the following new language:-

The department of public health shall convene a statewide advisory committee which shall recommend to the department by November 1, 2012 the Standard Quality Measure Set. The statewide advisory committee shall consist of the commissioner of health care finance and policy or the commissioner’s designee, who shall serve as the chair; and up to 8 members, including the executive director of the group insurance commission and the Medicaid director, or the directors designees; and up to 6 representatives of organizations to be appointed by the Governor including at least 1 representative from an acute care hospital or hospital association, 1 representative from a provider group or medical association or provider association, 1 representative from a medical group, 1 representative from a private health plan or health plan association, 1 representative from the Massachusetts Association of Health Plans, 1 representative from an employer association and 1 representative from a health care consumer group.

SECTION XX. The second paragraph of section 181 of chapter 68 of the acts of 2011 is hereby amended by striking out the figure “2012” and inserting in place thereof the following figure: - 2013.

SECTION XX. Notwithstanding any general or special law to the contrary there is hereby established a special commission for the purpose of conducting an investigation and study of strategies to promote public awareness and increase knowledge of the causes of chronic obstructive pulmonary disease (COPD), the importance of early diagnosis, effective prevention strategies, and disease management. Said special commission shall determine what existing resources are currently being utilized, if there exists a solid scientific base of knowledge concerning COPD through surveillance, epidemiology, and research, and whether there is a need for improving the quality and accessibility of existing community-based COPD services. Said special commission shall consist of the chairs of the joint committee on public health, or their designees; the commissioner of the department of public health, or a designee; the secretary of the executive office of elder affairs, or a designee; a representative of the American Lung Association; and 4 members appointed by the Governor, from the following populations: a patient representative; a pulmonologist; a respiratory therapist; and a representative of the health insurance industry. Said special commission shall report, in writing the results of said study together with its recommendations, if any, not later than December 31, 2013.

SECTION XX. (a) Current positions and employees of the Massachusetts Office of Victims Assistance in the Sexual Assault Nurse Examiner Program shall be transferred to the Department of Public Health for the purposes of operating the Sexual Assault Nurse Examiner Program pursuant to Section 220 of Chapter 111 of the Massachusetts General Laws.

(b) Notwithstanding Chapter 150E of the Massachusetts general laws, these employees shall maintain salary and benefits in effect prior to the transfer and shall not be subject to collective bargaining agreements within the Department of Public Health. Nothing in this section shall confer upon any employee of the Department’s Sexual Assault Nurse Examiner Program any right not held immediately before the date of the transfer.

(c) The Department may fill vacancies in positions transferred pursuant to section 1, notwithstanding Chapter 150E of the General Laws, provided that the salaries and benefits of individuals hired into vacant positions are comparable to the salaries and benefits of individuals transferred into the same or similar positions within the Department’s Sexual Assault Nurse Examiner Program.

(d) Subsections (b) and (c) of this act shall expire as of June 30, 2013.