Budget Amendment ID: FY2013-S4-475
EHS 475
Train Vets to Treat Vets
Messrs. Rush and Richard T. Moore and Ms. Clark moved that the proposed new text be amended in section 2, in item 1410-0075, , by striking out the figure “125,000” and inserting in place thereof the following:- $150,000."
Budget Amendment ID: FY2013-S4-476
EHS 476
Veterans’ Homeless Shelters
Messrs. Rush and Joyce moved that the proposed new text be amended in section 2, in item 1410-0250, , after the word “than”, the following figure:- “5” and inserting in the place thereof the following figure:- “10”; and
by striking out the figure “2,405,949” and inserting in place thereof the following figure:- “$2,520,518”
Budget Amendment ID: FY2013-S4-477
EHS 477
Council on Aging Grants
Messrs. Welch, Tarr and Joyce moved that the proposed new text be amended in section 2, in item 9110-9002, by striking out the figure “$8,433,748” and inserting in place thereof the following figure:- “$9,333,748”
Budget Amendment ID: FY2013-S4-478-R1
Redraft EHS 478
ICBG
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0500, by striking out the figure “$15,000,000” and inserting in place thereof the following figure:- “$20,000,000”; and
in said section 2, in said item 4000-0500, by inserting after the word “effectively”, the first time it appears, the following words:- “; provided further, that $3,000,000 shall be expended for infrastructure and capacity building grants to critical access community hospitals”; and
in said section 2, in said item 4000-0500, by striking out the figure “$4,158,475,376” and inserting in place thereof the following figure:- “$4,166,475,376”.
Budget Amendment ID: FY2013-S4-479
EHS 479
Prescription Monitoring Program
Mr. Keenan moved that the proposed new text be amended in section 2, in item 4510-0616, Mr. Keenan moves to amend the bill (S4) in line-item 4510-0616 by striking out the figure “$1,251,481” and inserting in place thereof the following figure:-
“$1,751,481”
Budget Amendment ID: FY2013-S4-480
EHS 480
Veterans' Outreach Centers
Ms. Flanagan and Ms. Spilka and Mr. Joyce moved that the proposed new text be amended in section 2, in item 1410-0012, by striking out, after the word “than”, the following figure:- “5” and inserting in the place thereof the following figure:- “10”; and
by striking out the figure “$2,069,083” and inserting in place thereof the following figure:- “$2,167,611”
Budget Amendment ID: FY2013-S4-481-R1
Redraft EHS 481
RATE FILING PROCEDURES
Mr. Petruccelli moved that the proposed new text be amended by inserting after section 90 the following 2 sections:-
“SECTION 90A. Subsection (c) of section 6 of chapter 176J, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Any rates of reimbursement or rating factors included in the rate filing materials submitted for review by the division shall be deemed confidential and exempt from the definition of public records in clause Twenty-sixth of section 7 of chapter 4.
SECTION 90B. Said section 6 of said chapter 176J, as amended by section 20 of chapter 142 of the acts of 2011, is hereby further amended by adding the following subsection:
(g) For the purposes of rate development and for calculating the aggregate medical loss ratio for rate filings under this section, a carrier may calculate projected and reported per member per month revenues and projected and reported claim costs for small group health plans subject to this chapter on an aggregated basis for all affiliated companies within a parent corporation or holding company that offer such plans.”
Budget Amendment ID: FY2013-S4-483-R1
Redraft EHS 483
State Medicaid Program Study
Mr. Michael O. Moore moved that the proposed new text be amended by inserting, after section 98, the following section:-
“SECTION 98A. Section 178 of chapter 131 of the acts of 2010 is hereby amended by striking out the words “January 15, 2011” and inserting in place thereof the following words:- “October 1, 2012".
Budget Amendment ID: FY2013-S4-484
EHS 484
Elder Residential Assessment and Placement Program
Mr. Hart and Ms. Jehlen and Ms. Spilka and Messrs. Michael O. Moore and McGee moved that the proposed new text be amended in section 2, in item XXXX-XXXX, before item 9110-1900, the following:-
9110-1700 for residential assessment and placement programs for homeless elders….$ 186,000
Budget Amendment ID: FY2013-S4-485-R1
Redraft EHS 485
Gavin Foundation
Mr. Hart moved that the proposed new text be amended in section 2, in item 4512-0200, “provided further, that not less than $200,000 shall be expended to fund the Gavin Foundation, Inc.’s Speakers for Hope program; and in said item by striking out the figures “76,539,595” and inserting in place thereof the figures “76,739,595“.
Budget Amendment ID: FY2013-S4-486-R2
2nd Redraft EHS 486
Julie's Family Learning Program
Mr. Hart moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the word “Programs”, in line 11, the following words:- “; provided further, that not less than $ 130,000 shall be expended for a contract with Julie’s Family Learning Program in the South Boston section of the city of Boston”; and
in said section 2, in said item 4800-0038, by striking out the figure “$246,508,481” and inserting in place thereof the following figure:- “$246,638,481".
Budget Amendment ID: FY2013-S4-487-R1
Redraft EHS 487
South Boston Leadership Initiative
Mr. Hart moved that the proposed new text be amended in section 2, in item 4510-0110, <w:p><w:r><w:t xml:space="preserve">provided, that funds may be expended for the South Boston Community Health Center for the implementation of the South Boston Leadership Initiative pilot program”
and
In said section 2, in item 4510-0110, by striking out the figures “967,830” and inserting in place thereof the figures “1,067,830."
Budget Amendment ID: FY2013-S4-488
EHS 488
The Boston Home
Messrs. Hart, Rush, Brownsberger, Donnelly and Joyce moved that the proposed new text be amended in section 2, in item 4000-0640, by adding the following:-
“; and provided further, that the payments made pursuant to this item shall be allocated in an amount sufficient to implement section 622 of chapter 151 of the acts of 1996”
Budget Amendment ID: FY2013-S4-489
EHS 489
Long Term Care Insurance Claims
Ms. Chandler and Mr. Eldridge and Ms. Candaras and Mr. Brownsberger and Ms. Creem and Messrs. Donnelly, Montigny, Finegold, Joyce, Michael O. Moore and McGee moved that the proposed new text be amended by inserting, after section___, the following new section:-
"SECTION___. Chapter 118E of the General Laws is hereby amended by striking out Section 33, as so appearing, and inserting in place thereof the following section:-
Section 33. No claim for costs of a nursing facility and other long-term care services may be made by the division under section 31 or 32 if the individual receiving medical assistance was permanently institutionalized, had notified the division that he had no intention to return home and, on the date of admission to the nursing facility or other medical institution, had long-term care insurance that, when purchased, met the requirements of 211 C.M.R. 65.00."
Budget Amendment ID: FY2013-S4-490-R1
Redraft EHS 490
PAPE Rate for Health Centers Licensed by DSH Hospitals
Mr. Hart moved that the proposed new text be amended in section 2, in item 4000-0300, <w:p><w:r><w:t xml:space="preserve">provided further, that the executive office shall make a supplemental payment to the fiscal year 2012 PAPE rate paid to federally qualified health centers in the southern section of the city of Boston operating under the license of a disproportionate share teaching hospital in Suffolk County to pay an overall reimbursement rate not less than the Medicaid rate paid to independent federally qualified health centers.
Budget Amendment ID: FY2013-S4-491-R1
Redraft EHS 491
Reimbursement Rate for Health Centers Licensed by a DSH Hospital
Mr. Hart moved that the proposed new text be amended in section 2, in item 4000-0300, by adding provided further, that the executive office shall pay an overall reimbursement rate for all primary and ancillary services received on the same day by a Mass Health or Commonwealth Care patient at a federally qualified health center in the southern section of the city of Boston operating under the license of a disproportionate share teaching hospital in Suffolk County by having an above or add-on incentive rate that is case based and encompasses multiple encounters in a day
Budget Amendment ID: FY2013-S4-492
EHS 492
MassHealth Case – Mix Validation
Mr. Hart moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the word “requirements;” the following:
“provided further, the executive office shall not set further limitations for acute care hospital inpatient and outpatient case-mix appeals than those in effect as of February 1, 2012;”
Budget Amendment ID: FY2013-S4-493-R1
Redraft EHS 493
Funding for Louis D Brown Peace Institute
Messrs. Hart, Brownsberger and Donnelly moved that the proposed new text be amended in section 2, in item XXXX-XXXX, 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”
Budget Amendment ID: FY2013-S4-494
EHS 494
DVS Administration
Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0010, by striking out the figure “2,461,370” and inserting in place thereof the following:- $2,526,370
Budget Amendment ID: FY2013-S4-495
EHS 495
Mandatory Overtime
Mr. Rush moved that the proposed new text be amended in section 2E, in item XXXX-XXXX, , by adding the following section:-
Section XXX. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:—
“Health Care Workforce”, personnel that have an effect upon the delivery of quality care to patients, including, but not limited to, licensed practical nurses, unlicensed assistive personnel and/or other service, maintenance, clerical, professional and/or technical workers and other healthcare workers.
“Hospital”, a hospital licensed under section 51 of chapter 111, the teaching hospital of the University of Massachusetts medical school, a licensed private or state-owned and state-operated general acute care hospital, or an acute care unit within a state-operated facility; provided, however, that “hospital” shall not include a licensed non-acute care hospital classified as an inpatient rehabilitation facility, an inpatient substance abuse facility, or a long term care hospital by the federal Centers for Medicare and Medicaid Services.
“Nurse”, a registered nurse licensed under section 74 of chapter 112 or a licensed practical nurse licensed under section 74A of said chapter 112.
“Mandatory Overtime”, any hours worked by a member of the health care workforce in a hospital setting to deliver patient care, beyond the predetermined and regularly scheduled number of hours that the hospital and employee have agreed that the employee shall work, provided that in no case shall such predetermined and regularly scheduled number of hours exceed 12 hours in any 24 hour period.
(b) Notwithstanding any general or special law to the contrary, a hospital shall not require a member of the health care workforce to work mandatory overtime except in the case of a federal or state emergency or a facility wide emergency where the safety of the patient requires its use and when there is no reasonable alternative.
(c) Pursuant to paragraph (b), whenever there is a federal or state emergency or a facility wide emergency where the safety of a patient requires its use and when there is no reasonable alternative, the facility shall, before requiring mandatory overtime, make a good faith effort to have overtime covered on a voluntary basis. Mandatory overtime shall not be used as a practice for providing appropriate staffing for the level of patient care required.
(d) The department of public health in consultation with the Massachusetts Nurses Association and the Massachusetts Hospital Association, and other organizations, shall determine what constitutes a “facility wide emergency.” The department shall solicit feedback through public hearing. The department of public health on or before February 1, 2013 shall promulgate regulations or guidelines to implement the findings of this section.
(e) Beginning April 15, 2013, hospitals shall report all instances of mandatory overtime, and the circumstances requiring its use, to the department of public health. Such reports shall be public documents.
(f) The department of public health on or before January 1, 2014 shall promulgate regulations to establish a system to levy an administrative fine on any facility that violates this act or any regulation issued under this act. The fine shall be not less than $100 and not greater than $1,000 for each violation and fines collected shall be dedicated to the department of public health’s statewide sexual assault nurse examiner program. Said regulations shall also establish an independent appeals process for penalized entities.
(g) A nurse shall not be allowed to exceed sixteen consecutive hours worked in a twenty-four hour period. In the event a nurse works sixteen consecutive hours, said nurse must be given at least eight consecutive hours of off-duty time immediately after the worked overtime.
(h) The provisions of this section are intended as a remedial measure to protect the public health and the quality and safety of patient care, and shall not be construed to diminish or waive any rights of the nurse pursuant to any other law, regulation, or collective bargaining agreement. The refusal of a nurse to accept work in excess of the limitations set forth in this section shall not be grounds for discrimination, dismissal, discharge or any other employment decision.
(i) Nothing in this section shall be construed to limit, alter or modify the terms, conditions or provisions of a collective bargaining agreement entered into by a hospital and a labor organization.
Budget Amendment ID: FY2013-S4-496
EHS 496
Veterans Court Pilot Program
Mr. Rush moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting the following item:-
XXXX-XXXX. For the Veterans Court pilot program in the county of Norfolk to coordinate
veterans services and programs in consultation with the Administrative Office
of the Trial Court and the Chief Justice of the District Court Department........ $75,000
Budget Amendment ID: FY2013-S4-497-R1
Redraft EHS 497
NOTIFICATION OF OPTIONS
Messrs. Petruccelli, Moore and McGee moved that the proposed new text be amended by inserting after section 83 the following section:-
“SECTION 83A. Paragraph (3) of subsection (e) of section 9D of chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-
The office of Medicaid shall provide each applicant age 65 and over, and to all eligible MassHealth recipients no less than annually, a notice of options available for enrollment in voluntary programs including Senior Care Options, Program of All-Inclusive Care for the Elderly, Frail Elder Home and Community Based Waiver Program and any other voluntary elected benefit to which the applicant or recipient would be entitled to supplement or replace the applicant or recipient’s MassHealth benefits. The notice shall explain the differential benefits and costs of such programs. The office of Medicaid shall also provide information describing the options available for enrollment in voluntary programs including Senior Care Options, Program of All-Inclusive Care for the Elderly, Frail Elder Home and Community Based Waiver Program and any other voluntary elected benefit, and the differential benefits and costs of such programs, to Serving Health Information Needs of Elders and other publicly funded information and referral counselors. The office of Medicaid may charge the providers of these benefits for the costs associated with providing such notices and information if such provider’s program is described therein.”
Budget Amendment ID: FY2013-S4-498
EHS 498
DYS Residential Services for Committed Population
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4200-0300, by striking out the figure “$101,676,614” and inserting in place thereof the following figures:- "$102,839,841"
Budget Amendment ID: FY2013-S4-501
EHS 501
Department of Youth Services Employees
Ms. Donoghue and Ms. Chandler and Messrs. Knapik, Tarr, Eldridge, Hart, Joyce, Pacheco, Montigny and DiDomenico moved that the proposed new text be amended by inserting, after Section __, the following new Sections:-
SECTION __. Section 1 of Chapter 18A is hereby amended by inserting the following section:-
Section 10. Whenever a caseworker or other employee of the department of youth services charged with the care, custody or supervision of a youthful or juvenile offender, any volunteer or employee of a contractor of the department of youth services charged with the care, custody or supervision, or any duly authorized employee of the department of youth services engaged in the transportation of a youthful or juvenile offender for any lawful purpose the department of youth services of the commonwealth notifies their immediate supervisor that an assault on said employee has been committed by a juvenile or youthful offender in the care and custody of the department of youth services, the department of youth services shall forthwith notify the nearest state police unit and the district attorney for the county in which such assault occurred. Upon notification the department shall immediately provide said district attorney and state police official with any and all documentation pertaining to said assault including but not limited to video and audio recordings, written reports and any other evidence in the possession of the department of youth services.
SECTION __. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby amended by inserting after paragraph (v) the following paragraph:-
(w) Where the victim or witness is an employee of the department of youth services, no law enforcement agency, prosecutor, defense counsel, or parole, probation or corrections official may disclose or state the residential address, telephone number, or place of employment or school of the victim, a victim's family member, or a witness, except as otherwise ordered by the court. The court may enter such other orders or conditions to maintain limited disclosure of the information as it deems appropriate to protect the privacy and safety of victims, victims' family members and witnesses.
Budget Amendment ID: FY2013-S4-502
EHS 502
MEDICAL PROFESSIONAL MUTUAL INSURANCE COMPANY
Mr. Petruccelli moved that the proposed new text be amended by inserting, after section , the following new section:-
“SECTION. Section 9 of Chapter 330 of the Statutes of 1994, as amended by Section 3 of Chapter 63 of the Statutes of 1995, is amended by striking out section 6 therein and inserting in place thereof the following:-
Section 6. Upon the approval of the commissioner, the medical professional mutual insurance company, may for any purposes, including, but not limited to the fixing of separate percentages of dividends under section eighty of chapter one hundred and seventy-five, consider the business of each category of health care provider as a separate line of business; provided, however, that the doctor of dental science category of insured shall continue to be treated as a separate line of business by the medical professional mutual insurance company to the extent required by chapter ninety-two of the acts of nineteen hundred and ninety-one, and, as promptly as possible after the effective date of this act, any excess surplus of the association as determined by the commissioner attributable to the doctor of dental science category of business as of the effective date of the conversion shall be paid as a dividend by the mutual company for the benefit of the association's doctor of dental science policyholders entitled thereto in accordance with the methodology established and employed by the association for the payment of dividends to its doctor of dental science policyholders prior to the date of the conversion. Any person in the doctor of dental science category of insureds who was insured by the association at the time of the conversion may elect to continue to be insured by the mutual company by specifically assigning in writing this first dividend to be paid after the effective date of this act back to the mutual company.
Effective January first, two thousand and eleven, all excess surplus as determined by the commissioner, allocable to doctor of dental science policies issued by the company at any time on or prior to December thirty-first, two thousand and ten, shall be paid annually, on or about July first of the following year, as a dividend to those persons, firms and entities entitled thereto, pursuant to the methodology established and employed by the association for the distribution of such dividends prior to the conversion. No portion of such excess surplus as determined by the commissioner shall be used or allocated for any other purpose or purposes and upon the payment of such dividend, there shall be no excess surplus allocable to those doctor of dental science policies issued by the company at any time on or prior to December thirty-first, two thousand and ten. The medical professional mutual insurance company shall annually notify each person, firm or entity entitled to such dividend of the amount of such dividend to which he is entitled. For the purposes of this section, "excess surplus" shall mean any surplus allocable to the association's doctor of dental science category of insureds beyond an amount determined by the commissioner to be reasonably necessary as a margin against adverse development.”
Budget Amendment ID: FY2013-S4-504-R1
Redraft EHS 504
Vending Machine Licensing Fees
Messrs. Hedlund, Ross, Knapik and Tarr moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by striking section 48 and inserting in the place thereof the following sections:—
“SECTION 48A. Chapter 18 of the General laws, as most recently amended by chapter 84 of the acts of 2011, is hereby amended by striking out sections 5I and 5J and inserting in place thereof the following sections:—
Section 5I. (a) As used in sections 5I through 5J, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
‘Access device’, a card, code, or other means of access including an automated teller machine or point of sale terminal that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act, 7 U.S.C. § 2011 et seq., or regulations issued pursuant to the federal Food Stamp Act.
‘Cosmetics’, includes (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness, or altering appearance, and (2) articles intended for use as a component of any such articles; provided, however, that cosmetics shall not include soap, shampoo, deodorant, toothpaste, or other personal hygiene products.
‘Department’, the department of transitional assistance.
‘Direct cash assistance’, any manner of cash assistance provided by the department of transitional assistance, including, but not limited to, temporary aid to families with dependent children, wherein the assistance is provided directly to the recipient, rather than a vendor.
‘Drinking establishment’, any tavern or club licensed to sell alcoholic beverages, wines, or malt beverages pursuant to chapter 138 that derives more than 50 per cent of the establishment’s profit from the sales of alcoholic beverages, wines, or malt beverages.
‘Electronic benefit transfer card’, a card that provides benefits through an electronic benefit transfer.
‘Electronic benefit transfer’, a system for the food stamp program as an alternative to issuing food stamp coupons. An electronic benefit transfer system is a computer-based system in which the benefit authorization is received through a point of sale terminal. Eligible households utilize plastic cards in lieu of food stamp coupons to purchase food items at authorized food retailers. This type of benefit may also be used to issue other types of public welfare benefits.
‘Eligible recipient’, a person who meets the nonfinancial, financial and categorical requirements that the department of transitional assistance utilizes to determine, upon application or review, whether a person is entitled to direct cash assistance, barring any evidence of an outstanding default or arrest warrant issued by any court of the commonwealth.
‘Liquor Store’, any establishment licensed to sell alcoholic beverages, wines, and malt beverages not to be drunk on the premises pursuant to section 15 of chapter 138, and excluding any food store as defined pursuant to section 184B of chapter 94.
‘Performance’, any play, dance, concert, exhibit, including movies, simulcasts, any such entertainment at an establishment which displays lives nudity for patrons, as defined pursuant to section 9A of chapter 40A, or any such entertainment performed before one or more persons, excluding performances offered by, at or through any preschool, school, college, university, public library, church or nonprofit organization.
‘Performance venue’, any place at which a performance is conducted, including, but not limited to a: sports arena, stadium, ball park, race track, movie theatre, or establishment which display live nudity for patrons, as defined pursuant to section 9A of chapter 40A.
‘Person’, a natural person, corporation, association, partnership or other legal entity.
‘Travel services’, furnishing or facilitating interstate or foreign travel, including transportation and vacation services.
(b) No person shall knowingly use or accept direct cash assistance funds held on electronic benefit transfer cards or access devices for the purchase or sale of the following services or products, without limitation: (1) alcoholic beverages as defined pursuant to section 1 of chapter 138; (2) lottery tickets; (3) tobacco products as defined pursuant to section 1 of chapter 64C; (4) any visual material intended to create or simulate sexual conduct or sexual excitement as defined pursuant to section 31 of chapter 272; (5) firearms or ammunition as defined pursuant to section 121 of chapter 140; (6) admission to any performances; (7) cosmetics; (8) professional services, excluding medical care, provided by any member of the bar or any person licensed pursuant to chapter 112; (9) travel services; (10) services, excluding childcare services, or memberships provided by health clubs as defined pursuant to section 78 of chapter 93; (11) tattoos for the marking of the human body or other body art or piercings; (12) jewelry; (13) for the rental of goods or real property; (14) for the payment to the commonwealth or any political subdivision thereof of any tax, fee or penalty, including restitution or bail or bail bonds ordered by a court; or (15) gambling as defined pursuant to section 2 of chapter 23K.
(c) Any business that offers for sale the services or products defined by subsection (b), and excluding businesses defined by subsection (e), shall display in an area conspicuous patrons a sign containing the following statement: “Massachusetts law (M.G.L. c.18, §5I) prohibits the use of EBT or direct cash assistance for the purchase of the following products and services: alcoholic beverages; tobacco products; lottery tickets; sexually explicit material; firearms or ammunition; admission to performances; cosmetics; professional services; travel services; health club memberships or services; tattoos, body art, or piercings; jewelry; rental goods or property; payment of any tax, fee, or penalty including bail or bail bonds; and gambling. Violators will be punished to the full extent of the law. If you witness EBT benefit fraud, please report it, toll-free, by calling: 1-800-FRAUD-99 (1-800-372-8399).”
The department shall maintain a downloadable template of the sign on the department’s website. Business associations may also maintain a downloadable template of the sign on their websites.
(d) No eligible recipient shall use electronic benefit transfer cards at access devices housed within the following types of businesses: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) beauty shops, barber shops, manicure shops or aesthetic shops registered pursuant to chapter 112; (8) health clubs as defined pursuant to section 78 of chapter 93; (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; (12) cruise ships.
(e) The following types of businesses shall not house access devices that accept electronic benefit transfer cards: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) beauty shops, barber shops, manicure shops or aesthetic shops registered pursuant to chapter 112; (8) health clubs as defined pursuant to section 78 of chapter 93; (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; (12) cruise ships.
Upon request, any state agency that, in the regular course of business, regulates retail stores shall cooperate with law enforcement regarding potential violations of this section. At minimum, the department shall identify all violators on a monthly basis and direct the appropriate vendor to technologically prohibit the respective access device from accepting electronic benefit transfer cards. Any business or store owner who knowingly houses an access device that accepts electronic benefit transfer cards in violation of this section shall be punished by a fine of not less than $1,000 for the first offense; not less than $3,000 for the second offense and not less than $10,000 for the third or subsequent offense.
(f) Any business defined by subsection (e), shall display in an area conspicuous to patrons a sign containing the following statement: “Massachusetts law (M.G.L. c.18, §5J) prohibits this store from accepting EBT cards or direct cash assistance and Massachusetts law (M.G.L. c.18, §5I) prohibits customers from purchasing products in this store with EBT cards or direct cash assistance. Violators will be punished to the full extent of the law. If you witness EBT benefit fraud, please report it, toll-free, by calling: 1-800-FRAUD-99 (1-800-372-8399).”
The department shall maintain a downloadable template of the sign on the department’s website. Business associations may also maintain a downloadable template of the sign on their websites.
(g) Any eligible recipient of direct cash assistance who knowingly makes a purchase in violation of this section shall reimburse the department for such purchase and shall be disqualified from the direct cash assistance program for a period of 3 months for the first offense and permanently, for the second offense.
(h) Any person, excluding any eligible recipient, who knowingly violates subsection (b), subsection (c), or subsection (f) of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense and a fine of not less than $10,000 for the third or subsequent offense.
Section 5J (a) No person shall knowingly transfer, acquire, alter or possess an electronic benefit transfer card or access device in any manner not authorized by the federal Food Stamp Act, the federal Social Security Act, 42 U.S.C. 608(a) et seq., or this chapter.
(b) No person shall present for payment or redemption an electronic benefit transfer card or access device that has been illegally received, transferred, or altered.
(c) Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of less than $100, shall, upon the first conviction thereof, be fined not more than $1,000 or be imprisoned in a jail or house of correction or the state prison for not more than 1 year, or both, and upon the second and any subsequent conviction thereof, shall be fined not more than $1,000 or imprisoned in a jail or house of correction or the state prison for not more than 2 1/2 years, or both.
Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefit has an aggregate value of more than $100 but less than $5,000, shall, upon the first conviction thereof, be fined not more than $10,000 or be imprisoned in a jail or house of correction or in the state prison for not more than 3 years, or both, and, upon the second and any subsequent conviction thereof, shall be fined not more than $10,000 or be imprisoned in a jail or house of correction or in the state prison for not more than 5 years or both.
Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of $5,000 or more shall be fined not more than $250,000 or be imprisoned in a jail or house of correction or the state prison for not more than 20 years, or both.
(d) Any person who is found to have knowingly violated subsection (a) or subsection (b) shall forfeit to the commonwealth all property, real and personal, used in connection with the violation or any proceeds traceable to the violation.
The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used by the commonwealth to reimburse the bureau of special investigations in the office of the state auditor, established under section 16 of chapter 11, or any other state or local agency for any cost incurred in the investigative effort resulting in the forfeiture.
No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner.
(e) The alcoholic beverages control commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b) of this section or subsection (b) or subsection (e) of section 5I.
(f) The state lottery commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b) of this section or subsection (b) or subsection (e) of section 5I.
SECTION 48B. Chapter 18 of the General Laws, as so appearing, is hereby amended by inserting after section 5K the following new sections:—
Section 5L. Notwithstanding any general or special law to the contrary, the department shall charge all eligible recipients of direct cash assistance a fee of $10 for the first requested replacement of an electronic benefit transfer card and a fee of $25 for any additional replacement of an electronic benefit transfer card. All fees for replacement cards shall be deducted directly from the recipient’s direct cash assistance.
Section 5M. Notwithstanding any general or special law to the contrary, direct cash assistance issued by the Commonwealth shall not be used for purchases in states other than Massachusetts and states contiguous to Massachusetts. For the purposes of this section, contiguous states shall mean: New Hampshire, Connecticut, Rhode Island, New York, and Vermont. The department shall identify all violators, at minimum, on a monthly basis. Any eligible recipient who violates this section shall be disqualified from the program for not less than 3 months. The department shall notify the recipient that they must report in person to their local department of transitional assistance office to have their benefits reinstated. Any eligible recipient who violates this section for a second time shall be permanently disqualified from the direct cash assistance program.
Section 5N. Notwithstanding any general or special law to the contrary, the department shall implement a vendor payment system for the non-cash payment of rent and electric and gas utility bills for all eligible recipients of direct cash assistance. The department shall have 50 per cent of all direct cash assistance recipients enrolled in the vendor payment system by July 31, 2012, and shall have the remaining 50 per cent of recipients enrolled in the vendor payment system by November 30, 2012. Beginning on July 31, 2012, all recipients of direct cash assistance shall be enrolled in the vendor payment system upon admittance into the direct cash assistance program.
Section 5O. Notwithstanding any general or special law to the contrary, by November 30, 2012, all eligible recipients of direct cash assistance shall access monthly direct cash assistance through the department’s vendor payment system or point of sale payments, provided however, that eligible recipients shall not withdraw cash assistance from a point of sale transaction. Beginning on November 30, 2012, eligible recipients of direct cash assistance shall not have access to monthly direct cash assistance through automatic teller machines.
Section 5P. Notwithstanding any general or special law to the contrary, the department shall solicit, in writing, a cost estimate from the department’s current vendor and at least one other vendor for the costs associated with requiring the department to include, on the front of each newly issued, re-issued, and existing electronic benefit transfer card, a photograph of the cardholder. The department shall submit a final cost estimate by filing the same with the clerks of the house and the senate not later than November 30, 2012.”
Budget Amendment ID: FY2013-S4-505
EHS 505
Protecting MassHealth Acute Care Hospital Rates
Messrs. Rodrigues and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0500, by inserting, after the word "patients", the following:- "provided further that the executive office shall maintain the acute care hospital reimbursement for capital costs in the development of the RY2013 Acute Hospital RFA at rates no less than those paid in rate year RY2012, shall reimburse for outpatient visits within 3 days of an inpatient visit, and further shall not include a penalty for readmissions, for those hospitals as defined in section 1 of chapter 118G."
Budget Amendment ID: FY2013-S4-506
EHS 506
Infrastructure & Capacity Building Funding
Messrs. Rodrigues and Finegold moved that the proposed new text be amended in section 2, in item 4000-0700, by inserting, at the end thereof the following:- "provided further, that the Executive Office of Health and Human Services shall give priority in the award of FY13 Infrastructure and Capacity Building grants to those disproportionate share hospitals defined in section 1 of chapter 118G that also have the highest proportion of Medicaid costs, as evidenced by a hospital’s most recently filed Hospital cost 403 report."
Budget Amendment ID: FY2013-S4-507
EHS 507
SAFE AND SUCCESSFUL YOUTH INITIATIVE
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0005, by striking out the figure “$8,000,000” and inserting in place thereof the following figure:- “$10,000,000”.
Budget Amendment ID: FY2013-S4-508
EHS 508
ACUTE CARE PEDIATRIC HOSPITALS AND PEDIATRIC SPECIALTY UNITS
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end thereof the following:-
“; provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals and pediatric specialty units as defined in section 1 of chapter 118G of the General Laws, the executive office shall make a supplemental payment, if necessary, sufficient to assure that inpatient SPAD and outlier payments for discharges with a case mix acuity equal to or greater than 5 shall be at least equal to 85 per cent of the expenses incurred in providing services to those children”.
Budget Amendment ID: FY2013-S4-509
EHS 509
COMPULSIVE GAMBLERS’ TREATMENT PROGRAM
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4512-0225, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,830,000”
Budget Amendment ID: FY2013-S4-510
EHS 510
Veterans' Benefits
Mr. Timilty moved that the proposed new text be amended in section 2, in item 1410-0400, by striking out the figure “44,208,484” and inserting in place thereof the following figure:- “$45,889,480”
Budget Amendment ID: FY2013-S4-511
EHS 511
Vending Machine Fees
Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new Section:-
"SECTION X. Notwithstanding any general or special law to the contrary, the Department of Public Health shall be prohibited from raising licensing fees for food vending machines without the approval of the Legislature."
Budget Amendment ID: FY2013-S4-512
EHS 512
Enhanced Community Options Program
Ms. Jehlen and Messrs. Eldridge and Brownsberger and Ms. Clark and Messrs. Knapik, Donnelly, DiDomenico, Joyce, Finegold and Rosenberg and Ms. Donoghue and Messrs. Michael O. Moore, Montigny and McGee moved that the proposed new text be amended in section 2, in item 9110-1500, by striking the figure $46,461,487 and inserting in place thereof the figure of $47,789,340.
Budget Amendment ID: FY2013-S4-513
EHS 513
Executive Office of Elder Affairs Administration
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-0100, by striking the figure $1,990,108 and inserting in place thereof the figure of $2,164,588.
Budget Amendment ID: FY2013-S4-514
EHS 514
Home Care Purchase of Service
Ms. Jehlen and Messrs. Knapik and Joyce and Ms. Candaras and Michael O. Moore moved that the proposed new text be amended in section 2, in item 9110-1630, by striking the figure $97,283,061 and inserting in place thereof the figure of $97,783,061.
Budget Amendment ID: FY2013-S4-515
EHS 515
Rest Homes
Ms. Jehlen and Ms. Candaras and Messrs. Michael O. Moore, Rosenberg and Welch and Ms. Donoghue and Mr. Hedlund and Ms. Clark and Mr. Joyce moved that the proposed new text be amended in section 2, moves that the bill be amended in item 4405-2000 by inserting after the words "foster care benefit" the following: "provided further, that not less than $1,000,000 shall be made available for rate increases for level IV rest homes as defned in 105 CMR 150.001
And further moves that the bill be amended, in item 4408-1000, by adding the following: "provided further, that not less than $400,000 shall be made available for rate increases for level IV rest homes as defined in 105 CMR 150.001;
Budget Amendment ID: FY2013-S4-516
EHS 516
Restoring the Councils on Aging Formula Grant to $7 per Elder
Ms. Jehlen and Messrs. Tarr, Joyce, Rosenberg, Knapik and Ross and Ms. Fargo and Messrs. Donnelly, Michael O. Moore and Eldridge and Ms. Clark and Messrs. Keenan, Rodrigues and DiDomenico and Ms. Spilka and Messrs. Richard T. Moore and Kennedy and Ms. Donoghue and Ms. Chang-Diaz and Mr. McGee and Ms. Creem moved that the proposed new text be amended in section 2, in item 9110-9002, by striking the figure $8,433,748 and inserting in place thereof the figure of $9,333,748.
Budget Amendment ID: FY2013-S4-517
EHS 517
Veterans Independent Plus Initiative
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-2500, by adding the following: "provided that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system."
Budget Amendment ID: FY2013-S4-518
EHS 518
PRADER-WILLI SYNDROME STUDY
Messrs. Tarr, Donnelly and Hedlund moved that the proposed new text be amended in section 2, in item 5911-1003, by striking the words “provided, that the department shall not charge user fees for transportation or community day services;” and inserting in place thereof the following:-
“provided, that the department shall not charge user fees for transportation or community day services; provided further, that the department shall undertake a study of all persons with prader-willi syndrome who have applied for eligibility for department supports and services during fiscal year 2012 and 2013; provided further, that said study shall report how many persons with prader-willi syndrome were found eligible for supports and services from said department and how many were found not eligible; provided further, that said study shall project the cost of serving those persons with prader-willi found not eligible for said supports and services; provided further, that said study shall assess the impact that providing appropriate services for persons with prader-willi syndrome found not eligible would have on the departments service system; provided further that said study shall examine, to the extent possible, similar impacts on the service systems of Connecticut, Virginia and New York when persons with prader-willi were found eligible in those states; and provided further, that said study shall be filed with the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities by December 31, 2012.”
Budget Amendment ID: FY2013-S4-519
EHS 519
VET Annuities to Disabled Veterans, Gold Star Parents and Spouses
Mr. Hart moved that the proposed new text be amended in section 2, in item 1410-0300, moves that the bill be amended in section 2, in item 1410-0300 by striking out all the wording and the figure “21,473,000” and inserting in place thereof the following wording and figure:- "21,797,082"
Budget Amendment ID: FY2013-S4-520
EHS 520
DPH Continuity of Service
Mr. Hart moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following at the end:
“;provided, that programs shall receive the same percentage of funding in fiscal year 2013 as received in fiscal year 2012.”
Budget Amendment ID: FY2013-S4-521
EHS 521
Phoenix House
Mr. Hart moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following:-
“and provided further, that not less than $90,000 shall be expended for Phoenix House at the St. Mary’s Center for Children and Families.
Budget Amendment ID: FY2013-S4-522
EHS 522
Vending Machine Fees
Messrs. Knapik, Tarr and Ross moved that the proposed new text be amended by adding at the end thereof, the following new section:-
SECTION XX. Notwithstanding any general or special law to the contrary, the Department of Public Health shall be prohibited from raising licensing fees for food vending machines greater than 100% in a calendar year.
Budget Amendment ID: FY2013-S4-523
EHS 523
Community Health Center Services
Mr. Hart moved that the proposed new text be amended in section 2, in item 4510-0110, by adding at the end thereof the following: “provided that no funds shall be expended in the AA object class; provided further, that not less than $250,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act, 42 U.S.C. section 254c(f)(1)
And further by striking out the figure “967,830” and inserting in place thereof the following figure “1,065,634”.
Budget Amendment ID: FY2013-S4-524
EHS 524
Glavin Regional Center
Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 5930-1000, by inserting after the words “if appropriate” the following:-
“; provided further, that an independent non-governmental entity selected by the office of the inspector general shall complete a study of the reductions and closings of the Glavin Regional Center, including intensive individual supports, for the purpose of closing those state institutions; provided further, that no steps shall be taken to close said institutions through layoffs until the study is completed; provided further, that the study shall examine the costs and benefits of maintaining the institutions and shall identify alternative methods of providing the services currently provided by that institution; provided further, that the study shall identify the number and names of all private nonprofit vendors who contract with the department to provide direct care in the community, the amount of state and federal resources paid to those vendors in fiscal years 2009, 2010, 2011 and 2012 and the amount of clients served by these private nonprofit vendors in each of those fiscal years; provided further, that nothing in this item shall preclude an individual from exercising his rights to transfer to a community based residential placement either state or vendor operated; provided further, that the entity shall report its findings in and its recommendations to the secretary, as well as the house and senate committees on ways and means not later than December 1, 2012”
Budget Amendment ID: FY2013-S4-525
EHS 525
Geriatrics Program
Mr. Joyce moved that the proposed new text be amended in section 2, in item 9110-1900, by inserting the following: -
“; provided further, that funds may be expended for the purpose of continuing the administration of the geriatrics program, previously funded in line item 9110-1900 of Section 2 of Chapter 182 of the Acts of 2008.”
Budget Amendment ID: FY2013-S4-526
EHS 526
Grow Associates
Mr. Joyce moved that the proposed new text be amended in section 2, in item 5911-2000, by inserting the following: -
“; provided further, that funds may be expended for services to the developmentally disabled provided by Grow Associates, Inc. pursuant to item 5920-2000 section 2 of chapter 182, of the acts of 2008.”
Budget Amendment ID: FY2013-S4-527
EHS 527
Massachusetts Hospital School Beds
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4590-0915, by inserting the following:-
“Provided further, that the Massachusetts Hospital School shall maintain not less than 120 beds for clients in its inpatient setting”
Budget Amendment ID: FY2013-S4-528
EHS 528
Community Coalitions
Mr. Downing moved that the proposed new text be amended in section 2, in item 4590-0250, by striking out the wording “and provided further, that funds shall be expended for the Massachusetts Model of Community Coalitions” and inserting in place thereof the following:- “and provided further, that no less than $200,000 shall be expended for the Massachusetts Model of Community Coalitions”.
Budget Amendment ID: FY2013-S4-529
EHS 529
CHC ENHANCEMENT
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0500, by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”.
Budget Amendment ID: FY2013-S4-530
EHS 530
Home Care Case Management
Mr. Joyce moved that the proposed new text be amended in section 2, in item 9110-1633, by striking out the figure “$35,738,377” and inserting in place thereof the following figure:- “$37,568,000”
Budget Amendment ID: FY2013-S4-531
EHS 531
Aid to Children with Inherited Disorders
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4513-1111, By inserting the following:-
“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”
Budget Amendment ID: FY2013-S4-532
EHS 532
Girls Inc. Teen Pregnancy Prevention
Mr. McGee moved that the proposed new text be amended in section 2, in item 4530-9000, by adding the following: “; provided further, that no less than $25,000 shall be provided to Girls, Inc. of Lynn for teen pregnancy prevention”.
Budget Amendment ID: FY2013-S4-533
EHS 533
Jail Diversion Programs
Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting the following after "2014;":- "provided further, that jail diversion programs in operation and receiving funding from the department of mental health as of April 1, 2012 shall continue to receive funding in fiscal year 2013".
Budget Amendment ID: FY2013-S4-534
EHS 534
Veterans' Pension Determination and Revenue Recovery
Messrs. McGee and DiDomenico moved that the proposed new text be amended in section 2, in item XXXX-XXXX, “For the revenue maximization project of the executive office of elder affairs to identify individuals eligible for veterans’ pensions who are currently receiving home health care services.................$96,500.”
Budget Amendment ID: FY2013-S4-535
EHS 535
Teen Empowerment
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4590-1507, by adding after the word "nonprofit community centers" the words "teen empowerment".
Budget Amendment ID: FY2013-S4-536
EHS 536
Mass Child Psychiatry Access Project
Ms. Flanagan and Messrs. Keenan and Richard T. Moore moved that the proposed new text be amended in section 2, by inserting the following item:-
XXXX-XXXX For the operation of a statewide program to provide mental health consultations by telephone, available for a minimum of 5 days a week, to pediatricians, family physicians, nurse practitioners and youth serving primary care practices for persons under the age of 19 who exhibit a possible mental health or substance use disorder; provided, that notwithstanding any general or special law to the contrary, the costs of this program may be assessed on surcharge payers under section 38 of chapter 118G of the General Laws and may be collected in a manner consistent with said chapter 118G $2,000,000
Budget Amendment ID: FY2013-S4-537
EHS 537
Holyoke Soldiers' Home
Messrs. Knapik and Welch and Ms. Candaras and Mr. Joyce moved that the proposed new text be amended in section 2, in item 4190-0100, by striking out the figure “$19,932,679” and inserting in place thereof the following figure:- “20,177,267”
Budget Amendment ID: FY2013-S4-539-R1
Redraft EHS 539
EAEDC Advance Notice
Messrs. Rodrigues, Michael O. Moore and McGee moved that the proposed new text be amended in section 2, in item 4408-1000, <w:p><w:r><w:t xml:space="preserve">in line 62, by inserting after the word "representatives” the following words:- "and the joint committee on children, families and persons with disabilities”
Budget Amendment ID: FY2013-S4-540-R1
Redraft EHS 540
DTA 60 Day Advance Notice
Messrs. Rodrigues, Michael O. Moore and McGee moved that the proposed new text be amended in section 2, in item 4403-2000, by inserting after the word "representatives” the following words:- "and the joint committee on children, families and persons with disabilities”.
Budget Amendment ID: FY2013-S4-541
EHS 541
EBT Conditional Suspension
Mr. Timilty moved that the proposed new text be amended in Section 47 by adding after subsection (j) the following new subsection:-
"(k) ensure that no individual subject to a felony arrest warrant shall have access to publicly-funded benefits through an electronic benefit transfer card and develop protocols for coordinating this information with federal, state, and local law enforcement agencies."
Budget Amendment ID: FY2013-S4-542
EHS 542
Restoring Teachers' Salaries
Mr. McGee moved that the proposed new text be amended in section 2, in item 4200-0500, by striking out the figure “$2,500,000” and inserting in place thereof the following:- "$2,809,809".
Budget Amendment ID: FY2013-S4-543
EHS 543
EBT Fraud Prevention
Mr. Timilty moved that the proposed new text be amended in Section 47 by striking subsection (j) and replacing it with the following new subsection:-
"(j) discontinue the issuance of replacement electronic benefit transfer cards for the remainder of the calendar year to any benefit recipient who requests more than 3 replacement card in a calendar year and monitor all future requests by any benefit recipient who requests more than 3 replacement electronic benefit transfer cards in any calendar year."
Budget Amendment ID: FY2013-S4-544
EHS 544
MassHealth Capital Cut Prevention
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the word “requirements;” the following:
“provided further, that in determining inpatient rates for any acute hospitals, the executive office shall utilize the same payment methodology to calculate hospital capital costs as was in effect on February 1, 2012”
Budget Amendment ID: FY2013-S4-545
EHS 545
Dental Health Services
Ms. Chandler and Mr. Joyce moved that the proposed new text be amended in section 2, in item 4512-0500, by striking out the figure "$1,354,924" and inserting in place thereof the following figure:- "$1,401,531".
Budget Amendment ID: FY2013-S4-547
EHS 547
Integrated Care Organizations
Messrs. Joyce, Tarr, Rodrigues and Knapik moved that the proposed new text be amended by adding at the end thereof the following section:
SECTION _____. Chapter 118E of the General Laws is hereby amended by inserting after section 9E the following section:-
Section 9F. (a) As used in this section, the following words shall have the following meanings:-
“Dual eligible”, or “dually eligible person”, any person age 21 or older and under age 65 who is enrolled in both Medicare and MassHealth.
“Integrated care organization” or “ICO”, a comprehensive network of medical, health care and long term services and supports providers that integrates all components of care, either directly or through subcontracts and has been contracted with by the Executive Office of Health and Human Services and designated an ICO to provide services to dually eligible individuals pursuant to this section.
(b) Members of the MassHealth dual eligible pilot program on ICOs or any successor program integrating care for dual eligible persons shall be provided an independent community care coordinator by the ICO or successor organization, who shall be a participant in the member’s care team. The community care coordinator shall assist in the development of a long term support and services care plan. The community care coordinator shall:
(1) participate in initial and ongoing assessments of the health and functional status of the member, including determining appropriateness for long term care support and services, either in the form of institutional or community-based care plans and related service packages necessary to improve or maintain enrollee health and functional status;
(2) arrange and, with the agreement of the member and the care team, coordinate the provision of appropriate institutional and community long term supports and services, including assistance with the activities of daily living and instrumental activities of daily living, housing, home-delivered meals, transportation, and under specific conditions or circumstances established by the ICO or successor organization, authorize a range and amount of community-based services; and
(3) monitor the appropriate provision and functional outcomes of community long term care services, according to the service plan as deemed appropriate by the member and the care team; and track member satisfaction and the appropriate provision and functional outcomes of community long term care services, according to the service plan as deemed appropriate by the member and the care team.
(c) The ICO or successor organization shall not have a direct or indirect financial ownership interest in an entity that serves as an independent care coordinator. Providers of institutional or community based long term services and supports on a compensated basis shall not function as an independent care coordinator, provided however that the secretary may grant a waiver of this restriction upon a finding that public necessity and convenience require such a waiver. An individual who becomes dually eligible after the age of 60 shall receive independent care coordination services pursuant to section 4B of chapter 19 A. For the purposes of this section, an organization compensated to provide only evaluation, assessment, coordination and fiscal intermediary services shall not be considered a provider of long term services and supports.
Budget Amendment ID: FY2013-S4-548
EHS 548
Regulating Treatment of Disabled Persons
Messrs. Joyce, Brownsberger and Eldridge and Ms. Jehlen and Mr. Rosenberg and Ms. Clark and Messrs. Donnelly, Michael O. Moore and McGee moved that the proposed new text be amended by inserting at the end thereof the following section:-
“Section __. Chapter 19B of the General Laws is hereby amended by adding the following section:-
Section 19B. (a) For the purpose of this section, “person with a disability” shall mean a person with a permanent or long-term physical or mental impairment that prevents or restricts such individual’s ability to provide for such individual’s own care or protection.
(b) No program, agency or facility funded, operated, licensed or approved by the commonwealth or any subdivision thereof shall administer to a person with a disability any procedure which causes obvious signs of physical pain, including, but not limited to, hitting, pinching or electric shock for the purposes of changing the behavior of such person. No such program shall employ any form of physical contact or punishment on a person with a disability that is otherwise prohibited by law or would be prohibited if used on a person who does not have a disability. No such program shall employ any procedure which denies a person with a disability adequate sleep, food, shelter, bedding or bathroom facilities.”
Budget Amendment ID: FY2013-S4-549
EHS 549
Innovation in Community-Based Long-Term Services and Supports
Messrs. McGee, Keenan and Welch moved that the proposed new text be amended in section 2, in item 4000-0600, by adding the following: "provided further, that EOHHS shall expend $1,400,000 from this item, or items 4000-0500 or 4000-0700, as performance incentive payments to providers of community-based long-term services and supports as approved by the State Plan, that can demonstrate, according to standards to be established by January 1, 2013 by MassHealth, in collaboration with community-based providers, the following: that they use electronic records to support MassHealth members who are clinically eligible for nursing facility services by capturing a member’s care status, relevant health assessment and care plan information; improved quality of services provided to members; and enhanced communication with primary care and other involved providers."
Budget Amendment ID: FY2013-S4-550-R1
Redraft EHS 550
Long-Term Services and Supports Advisory Committee
Messrs. McGee, Keenan, Michael O. Moore, Montigny and Welch moved that the proposed new text be amended by inserting, after section155,the following new section: -
SECTION155A. There shall be a long-term services and supports advisory committee to advise the general court, the office of Medicaid, and other state agencies on opportunities to improve health care cost and quality through community-based long-term care services. The commission shall consist of the following 16 members and shall be jointly chaired by a member of the house of representatives and a member of the senate: 2 representatives of the house of representatives, 1 of whom shall be chosen by the minority leader; 2 representatives of the senate, 1 of whom shall be chosen by the minority leader; the director of the office of medicaid or a designee; the secretary of elder affairs or a designee; the commissioner of health care finance and policy or a designee; the commissioner of public health or a designee; the secretary of administration and finance or a designee; and 7 appointees of the governor, 2 of whom shall be consumer representatives and 5 of whom shall be representatives of community-based long-term care providers, of which at least 2 are for-profit entities, and all of which represent services approved by the Medicaid State Plan.
The advisory committee shall evaluate the effect of long-term services and supports on reducing health care costs and improving health care quality and shall recommend opportunities to improve or expand existing long-term services and support programs including, but not limited to, implementation of value-based purchasing strategies and the development and deployment of an electronic community care record for community-based long-term care services. The committee shall report the results of its study, together with drafts of legislation, if any, necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and the senate who shall forward a copy of the study to the house and senate committees on ways and means and the joint committee on health care financing not later than January 15, 2013.
Budget Amendment ID: FY2013-S4-553
EHS 553
Community Health Center Technical Assistance
Mr. Timilty moved that the proposed new text be amended in section 2, in item 4510-0110, by adding at the end thereof the following:- "provided that no funds shall be expended in the AA object class; provided further, that not less than $250,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act, 42 U.S.C. section 254c(f)(1)";
and in said item by striking the figure "$967,830" and inserting in place thereof the following:- "$1,065,634".
Budget Amendment ID: FY2013-S4-555
EHS 555
Aversive Therapy Regulation Codification
Messrs. Joyce, Brownsberger and Eldridge and Ms. Jehlen and Mr. Rosenberg and Ms. Clark moved that the proposed new text be amended by inserting after section 51 the following section:-
“SECTION 51A. Chapter 19B of the General Laws is hereby amended by adding the following section:-
Section 19. No program which is operated, funded or licensed by the department of developmental services shall employ the use of Level III Aversive Interventions to reduce or eliminate maladaptive behaviors; provided, however, that individual-specific exceptions allowing the use of Level III Aversive Interventions to reduce or modify behavior may be granted to individuals who, as of September 1, 2011, have an existing court-approved treatment plan which includes the use of Level III Aversive Interventions. Such exception may be granted each year if the exception is contained in an individual’s behavior treatment plan, approved by the court prior to September 1, 2011. Any Level III Aversive Interventions administered under this section shall comply with 115 CMR 5.14 (4)(b)4.”
Budget Amendment ID: FY2013-S4-556
EHS 556
Hospital Preventable Readmission Rates Study
Ms. Chandler and Ms. Spilka moved that the proposed new text be amended by inserting after section___, the following new section:-
"SECTION___. The executive office of health and human services shall not apply a reduction to hospital inpatient rates related to potentially preventable readmissions until the health care quality and cost council completes a study on the issue of hospital preventable readmissions and the available methods to determine whether certain hospital admissions are preventable. The council shall evaluate the MassHealth method and financial penalty as employed in FY2012. The council shall consult with independent experts and the hospital community. A report shall be filed with the house and senate committees on ways and means and the house and senate committee on health care financing no later than March 31, 2013.”
Budget Amendment ID: FY2013-S4-557-R3
3rd Redraft EHS 557
Protection of Mental Health Services
Messrs. Pacheco, DiDomenico and Wolf and Ms. Candaras, Ms. Chandler, Ms. Chang-Diaz and Ms. Clark and Messrs. Donnelly and Eldridge and Ms. Fargo and Messrs. Hart, Hedlund, Joyce, Keenan, Kennedy, McGee, Montigny, Moore, Petruccelli, Rodrigues, Ross, Rush and Timilty moved that the proposed new text be amended in section 2, in item 5095-0015, by striking out the words “626 continuing care inpatient beds in its system in fiscal year 2013; and provided further, that of these 626 beds, 45” and inserting in place thereof the following words: - “653 continuing care inpatient beds in its system in fiscal year 2013; and provided further, that of these 653 beds, 72”; and
In said section 2, in said item 5095-0015, by inserting at the end thereof, the following: “and provided further, that the department shall maintain and operate these beds until the commission established in section 141 submits its report to the legislature” and
In said section 2, in said item 5095-0015, by striking out the figure “$158,488,321” and inserting in place thereof the following figure:- “$160,138,321”; and
by striking out section 141 and inserting in place thereof the following section:-
SECTION 141. There is hereby established an advisory committee for the purpose of arranging for and evaluating an independent analysis of the public and private behavioral health care services available to the residents of the commonwealth.
The advisory committee shall consist of the chairs of the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health and substance abuse, or their designees, one member of the minority party to be appointed by the minority leader of the house of representatives, one member of the minority party to be appointed by the minority leader of the senate; and the secretary of health and human services, the commissioner of mental health, the commissioner of public health, the commissioner of insurance, and the director of Medicaid, or their designees; and one representative from each of the following organizations: the Association for Behavioral Healthcare; the Massachusetts Association of Behavioral Health Systems; the Massachusetts College of Emergency Physicians; the Massachusetts Hospital Association; the Massachusetts League of Community Health Centers; the Massachusetts Medical Society; the Massachusetts Psychiatric Society; the Massachusetts Nurses Association; the Service Employees International Union; AFSCME Council 93; Blue Cross Blue Shield of Massachusetts; the Massachusetts Association of Health Plans; Health Law Advocates; the National Alliance on Mental Illness of Massachusetts; and the Massachusetts Society for the Prevention of Cruelty to Children. The advisory committee shall be co-chaired by one advisory committee senate member designated by the senate president and one advisory committee house member designated by the speaker of the house of representatives.
The advisory committee shall subject to appropriation and upon the appointment of the co-chairs, (1) convene upon the call of the co-chairs to commission an independent consultant to evaluate and analyze the public and private behavioral health care services available to the residents of the commonwealth. The advisory committee shall advise, direct and consult with the independent consultant on the execution and completion of the analysis. The analysis shall include, but not be limited to, an account of the following: (a) the availability of inpatient and outpatient behavioral health care services, including community based supports; (b) the inpatient capacity of acute and continuing care beds at public and private psychiatric facilities, including overall bed availability and bed availability for co-morbid and difficult to place patients, average length of stay, and geographic location; (c) the connection between public and private behavioral health care services; (d) the payment and reimbursement of behavioral health care services; (e) the implementation of state and federal mental health parity laws; (f) the prior authorization and adverse determination requirements related to the coverage of behavioral health care services; (g) the boarding of behavioral health patients in hospital emergency departments; (h) the use of direct admissions to inpatient behavioral health care services from a community based setting; and (i) a review of the Massachusetts Emergency Services Program; and (2) convene upon the call of the co-chairs to: (a) advise and consult with the independent consultant on the completion and implementation of the analysis; and (b) review and make recommendations to the independent consultant on the preliminary findings of the analysis.
Not later than December 28, 2012, the consultant shall provide to the legislature a report containing: (i) an assessment of the state’s inpatient services provided through the department of mental health; (ii) an estimate of the appropriate number of inpatient mental health beds given the current number of community placements; and (iii) the anticipated impact of the closure ofTaunton State Hospital on the mental health needs of the southeastern region of the commonwealth. Provided that the department of mental health shall not reduce the number inpatient beds at Taunton State Hospital until this report is provided. The independent consultant shall report to the general court the preliminary results of its analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before April 30, 2013. The independent consultant shall report to the general court the final results of its analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before November 15, 2013. The advisory committee shall file its recommendations based on the final report of the independent consultant with the clerk of the house of representatives and the clerk of the senate on or before December 31, 2013.
Budget Amendment ID: FY2013-S4-558
EHS 558
Department of Children and Families Social Workers
Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4800-1100, by striking the figure "166,917,450" and inserting in place thereof the following figure:- "168,915,450."
Budget Amendment ID: FY2013-S4-560-R2
2nd Redraft EHS 560
War Memorials
Mr. Welch and Ms. Flanagan and Messrs. McGee and Rosenberg moved that the proposed new text be amended in section 2, in item 1410-1616, by striking out item 1410-1616 and inserting in place thereof the following item:-
“1410-1616 For the costs of maintaining war memorials and municipal buildings dedicated to war veterans in the commonwealth; provided, that not less than $25,000 shall be expended for maintaining the Vietnam Veterans’ Memorial in the city of Worcester; provided further, that not less than $25,000 shall be expended on the USS Massachusetts at Battleship Cove; provided further, that not less than $10,000 shall be expended on the Korean War Memorial in the city of Charlestown; provided further, that not less than $55,000 shall be expended on other war memorials, including civil war related memorials and sites, and municipal buildings dedicated to war veterans; and provided further, that funds shall be expended for veterans memorials with preference to those that include public open space and achieve equal geographic representation across the commonwealth. ……………$115,000”
Budget Amendment ID: FY2013-S4-561
EHS 561
Determination of Need and Licensure Reviews
Mr. Welch moved that the proposed new text be amended in section 2, in item 4510-0712, in line 3, by inserting after the word “quality;” the following:-
“; provided further, that $500,000 of the revenues so collected from facility licensure shall be allocated for operation of the Determination of Need and Plan Review of health care facilities”
Budget Amendment ID: FY2013-S4-562-R2
2nd Redraft EHS 562
AED’S IN PUBLIC SCHOOLS
Messrs. Montigny, Richard T. Moore and Brownsberger moved that the proposed new text be amended in section 2, in item 4590-0250, at the end thereof the following new language:-
; provided further, that the department shall examine requiring the installation of automatic external defibrillators in all public schools of the Commonwealth and the establishment of a grant program based on the financial need of the school or school district; and provided further, that the department shall report the results of its analysis not later than October 1, 2012.
Budget Amendment ID: FY2013-S4-563
EHS 563
New Beginnings
Ms. Spilka moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting at the end thereof the following new words:- “; provided further, that not less than $250,000 shall be expended for the New Beginnings program”;
And by striking out the figure “$76,539,595” and inserting in place thereof the following figure:- “$76,789,595”
Budget Amendment ID: FY2013-S4-564
EHS 564
Caseworker Salaries and Benefits
Mr. Donnelly moved that the proposed new text be amended in section 2, in item 4400-1100, by striking out the figure "$63,012,441" and replacing it with the following figure:- $64,126,261.
Budget Amendment ID: FY2013-S4-565
EHS 565
Square One
Ms. Candaras moved that the proposed new text be amended in section 2, in item 4590-1507, Ms. Candaras moved that the bill be amended by in section 2, line 4590-1507, by inserting after “those organizations;” the following language:-
“provided further, that the department of public health shall award $100,000, in a one-time grant, to Square One for rebuilding its organization after the June 1, 2011 tornado in Springfield, Massachusetts.”
Budget Amendment ID: FY2013-S4-566-R1
Redraft EHS 566
Women Veterans’ Network
Ms. Spilka moved that the proposed new text be amended in section 2, in item 1410-0015, by striking the figure “$50,000” and inserting in place thereof the following figure: - “$75,000”.
Budget Amendment ID: FY2013-S4-567
EHS 567
Community- Based Residential Services
Mr. Donnelly moved that the proposed new text be amended in section 2, in item 5920-2000, by striking out the figure "$786,339,514" and inserting in place thereof the following figure:- $788,539,636.
Budget Amendment ID: FY2013-S4-568
EHS 568
MARKET MINISTRIES
Mr. Montigny moved that the proposed new text be amended in section 2, in item 7004-0101, by inserting at the end thereof the following:- “provided further, that not less than $200,000 shall be expended for Market Ministries emergency homeless shelter in New Bedford.”
Budget Amendment ID: FY2013-S4-569
EHS 569
Inspector General Audit
Mr. Berry moved that the proposed new text be amended by inserting, at the end, the following new section: -
"SECTION XX. The inspector general shall expend funds from the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws, to conduct a study and review of the Massachusetts Medicaid program. The study shall include, but not be limited to, a review of the program’s eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall report any preliminary findings to the secretary of health and human services and the house and senate committees on ways and means on or before October 30, 2012, and issue a final report on or before March 1, 2013."
Budget Amendment ID: FY2013-S4-570
EHS 570
Vietnam Moving Wall
Ms. Spilka moved that the proposed new text be amended in section 2, in item 1410-0010, by inserting at the end thereof the following words:- “; provided further, that not less than $15,000 shall be expended for the Vietnam Veterans Moving Wall project in the town of Medway;”;
And by striking out the figure “$2,461,370” and inserting in place thereof the following figure:- “$2,476,370”
Budget Amendment ID: FY2013-S4-571
EHS 571
TEMPO Program
Ms. Spilka moved that the proposed new text be amended in section 2, in item 4800-0016, by inserting at the end thereof the following words:- “; provided further that not less than $250,000 shall be expended for the Wayside Youth and Family Support Network TEMPO program”;
And by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- “$2,250,000”
Budget Amendment ID: FY2013-S4-573
EHS 573
SHARE FOUNDATION UMASS DARTMOUTH
Mr. Montigny moved that the proposed new text be amended in section 2, in item 4120-4000, by adding at the end thereof the following:
“provided further, that not less than $100,000 shall be expended for SHARE Foundation UMASS Dartmouth in New Bedford.”
Budget Amendment ID: FY2013-S4-574-R1
Redraft EHS 574
Fair Hearing Office Staff
Messrs. Rodrigues and Rosenberg and Ms. Creem and Ms. Jehlen and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4800-0015, by striking out, in line 35, the words “request that are pending” and inserting in place thereof the following words:-“requests that are pending and the number of fair hearing requests that are pending for more than 180 days”; and
in said section 2, in said item 4800-0015, by inserting after the words "quarter", in line 36, the following words:- “; provided further, that not less than $152,000 shall be expended for additional staff to the fair hearing unit to assist the department in eliminating the department’s fair hearing backlog, defined for the purpose of this allocation only, which shall mean those cases pending for more than 180 days from the date of the hearing request"; and
in said section 2, in said item 4800-0015, by striking out the figure “$69,322,448” and inserting in place thereof the following figure:- “$69,474,448”.
Budget Amendment ID: FY2013-S4-576
EHS 576
Equitable Enrollment for MassHealth
Ms. Chandler and Messrs. Michael O. Moore and DiDomenico and Ms. Jehlen and Ms. Candaras and Mr. Hart moved that the proposed new text be amended by inserting after section___, the following new section:-
"SECTION___. Chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 62 the following new section:-
Section 63. Auto-Assignment for Medicaid Beneficiaries.
Beginning October 1, 2012, the division shall make provisions to enroll those MassHealth beneficiaries who did not affirmatively select a managed care option into a Medicaid managed care organization that has contracted with the Commonwealth to deliver managed care services to eligible MassHealth beneficiaries, provided that the division shall give the Primary Care Clinician plan no greater preference than any single MCO in such assignment process and shall divide said assigned members equally among the Primary Care Clinician Plan and individual Medicaid managed care organizations on a rotating basis. The aforementioned assignment process shall not be suspended or terminated until and unless the Managed Care Advisory Committee, established pursuant to Section 178 of Chapter 131 of the Acts of 2010 has filed its report with the legislature and provided further that any termination, suspension or modifications to the aforementioned assignment process shall be made only if consistent and in full consideration of the Managed Care Advisory Committee’s recommendations."
Budget Amendment ID: FY2013-S4-577
EHS 577
Friends of the Homeless
Ms. Candaras and Ms. Chandler and Messrs. Rodrigues, Hedlund, Kennedy, Michael O. Moore, Eldridge, Petruccelli and Welch and Ms. Fargo and Messrs. Hart, Montigny, Joyce and Donnelly moved that the proposed new text be amended in section 2, in item 7004-0102, Ms. Candaras moved that the bill be amended in section 2, item 7004-0102, by inserting after “$20” the following:-
“provided further, that (CT)SWEL409251002000000 and (CT)WEL4092GREATSPRING00 shall receive a per bed, per night rate of $30;” and by striking out the figure “$37,963,331” and inserting in place thereof the following figure:-
“$38,448,781”.
Budget Amendment ID: FY2013-S4-578-R1
Redraft EHS 578
Individual Shelter Nightly Rate
Ms. Candaras moved that the proposed new text be amended in section 2, in item 7004-0102, Ms. Candaras moved that the bill be amended, in Section 2, in item 7004-0102, by striking out the figure:- “$20” and inserting in place thereof the following figure:- “$25”; and
by striking out the figure “$37,963,331” and inserting in place thereof the following figure:- “$40,250,335”.
Budget Amendment ID: FY2013-S4-579-R1
Redraft EHS 579
Task Force to Improve Services to Children, Youth and Families Membership
Ms. Spilka moved that the proposed new text be amended in SECTION 151, in the second paragraph, by adding at the end thereof the following words:- “and the child advocate or a designee.”.
Budget Amendment ID: FY2013-S4-581
EHS 581
Wellness Program
Messrs. Ross and Rush moved that the proposed new text be amended in section 2, in item 9110-9002, Mr. Ross moves to amend the bill (Senate No. 4) in section 2, in item 9110-9002, in line 5, by inserting after the words “established by the secretary of elder affairs;” the following words:-
“provided further, that not less than $100,000 shall be spent on purchasing health, wellness and fitness equipment for the Needham Senior Center located in the town of Needham;”;
and in said item by striking out the figure “$8,433,748” and inserting in place thereof the following figure:-
“$8,533,748”.
Budget Amendment ID: FY2013-S4-582
EHS 582
DDS Family Respite and Support
Messrs. Rodrigues, Joyce, Finegold and Eldridge and Ms. Clark and Messrs. Keenan, Kennedy and Knapik and Ms. Chang-Diaz and Mr. Welch and Ms. Spilka and Messrs. Donnelly and Michael O. Moore moved that the proposed new text be amended in section 2, in item 5920-3000, by striking out the figure “$41,004,298” and inserting in place thereof the following figure:- “$51,004,298”
Budget Amendment ID: FY2013-S4-583
EHS 583
Mass Health Day Habilitation Restoration
Ms. Candaras and Messrs. Brownsberger, Eldridge, Finegold, Rodrigues, Keenan, Downing, Welch, Montigny and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0700, Ms. Candaras moved that the bill be amended, in section 2, in item 4000-0700, by striking out the figure "$1,927,680,126" and inserting in place thereof the figure:-
"$1,942,680,126".
Budget Amendment ID: FY2013-S4-584-R2
2nd Redraft EHS 584
Unaccompanied Homeless Youth Commission
Ms. Chandler, Ms. Flanagan, Ms. Clark and Ms. Chang-Diaz and Messrs. Brownsberger, Eldridge, DiDomenico and Joyce moved that the proposed new text be amended by inserting after section 155, the following new section:-
“SECTION 155A. Notwithstanding any general or special law to the contrary, there shall be a special commission for the purpose of studying and making recommendations concerning services for unaccompanied homeless youth age 22 and under, with the goal of ensuring a comprehensive and effective response to the unique needs of this population. The focus of the commission’s work shall include, but not be limited to: (i) an analysis of the barriers to serving unaccompanied youth who are gay, lesbian, bisexual and transgender; (ii) an analysis of the barriers to serving unaccompanied youth under 18 years of age; (iii) an assessment of the impact of mandated reporting requirements on unaccompanied youths’ access to services; (iv) the state’s ability to identify and connect with unaccompanied youth; and (v) recommendations to reduce identified barriers to serving this population, including, but not limited to, extending the time for certain categories of mandated reporters to file reports and establishing special licensure provisions to allow service providers to serve homeless youth under 18 years of age. The commission, in formulating its recommendations, shall take account of best practices and policies in other states and jurisdictions.
The commission shall include 25 members: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of the department of children and families or a designee; the commissioner of the department of elementary and secondary education or a designee; the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the director of the office of Medicaid or a designee; the commissioner of the department of transitional assistance or a designee; the undersecretary of housing and community development or a designee; 2 members of the senate, appointed by the senate president; 2 members of the house of representatives, appointed by the speaker of the house; 3 youth who have experienced homelessness, appointed by the office of the child advocate; 3 direct service providers who work with unaccompanied homeless youth, appointed by the governor; and 1 representative from each of the following organizations: Massachusetts Coalition for the Homeless, Task Force on Youth Aging Out, Massachusetts Appleseed Center for Law and Justice, MassEquality, Massachusetts Housing and Shelter Alliance, Massachusetts Transgender Political Coalition and the Boston Alliance of Gay, Lesbian Bisexual and Transgender Youth.
The commission shall submit a report to the governor, the speaker of the house of representatives, the president of the senate, the joint committee on children, families and persons with disabilities and the office of the child advocate not later than March 31, 2013. The report shall set forth the commission’s findings and any recommendations for regulatory or legislative action with a timeline for implementation, cost estimates and finance mechanisms. Thereafter, the commission shall submit a report annually by December 31 of each year to the governor, the speaker of the house of representatives, the president of the senate, the joint committee on children, families and persons with disabilities and the office of the child advocate, detailing the extent of homelessness among unaccompanied youth within the commonwealth and the progress made toward implementing the commission’s recommendations, along with other efforts to address the needs of this population.”
Budget Amendment ID: FY2013-S4-585
EHS 585
Children’s Advocacy Centers
Messrs. Downing, Finegold and Brownsberger moved that the proposed new text be amended in section 2, in item 4510-0810, by striking the figure “3,160,740” and inserting in place thereof the following figure:- “3,601,330”.
Budget Amendment ID: FY2013-S4-586
EHS 586
Children's Cove
Mr. Wolf moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting at the end thereof the following:
“provided that not less than $65,000 shall be expended to the child abuse and sexual assault services on Cape Cod”; and in said item, by striking out the figure “$246,508,481” and inserting in place thereof the figure “$248,142,130.”
Budget Amendment ID: FY2013-S4-587-R1
Redraft EHS 587
Healthcare Workforce Transformation Fund
Messrs. Wolf and Joyce moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting, after section ___, the following new section:-
“SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2EEEE the following section:-
Section 2FFFF. There shall be established upon the books of the commonwealth a separate fund to be known as the Health Care Workforce Transformation Fund to be expended, without further appropriation, by the secretary of labor and workforce development. The fund shall consist of any funds that may be appropriated or transferred for deposit into the trust fund, public and private sources such as gifts, grants and donations to further health care workforce development and interest earned on such revenues, and other sources.
The secretary of labor and workforce development as trustee, shall administer the fund. The secretary, in consultation with the Health Care Workforce Advisory Board established in subsection (c), shall make expenditures from this account consistent with the subsections (e) and (f); provided, that not more than 10 per cent of the amounts held in the fund in any 1 year shall be used by the secretary for the combined cost of program administration, technical assistance to grantees and program evaluation.
(b) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.
(c) There shall be Health Care Workforce Advisory Board constituted to make recommendations to the secretary concerning the administration and allocation of the fund, establish evaluation criteria and perform any other functions specifically granted to it by law.
The board shall consist of the following members: the secretary of labor and workforce development, who shall serve as chair; the executive director of the institute of health care finance and policy or a designee; the commissioner of public health or a designee, and no more than 13 members who shall be appointed by the secretary of labor and workforce development and who shall reflect a broad distribution of diverse perspectives on the health care system and health care workforce needs, including health care professionals, labor organizations, educational institutions, consumer representatives, providers and payers.
The secretary shall, under the advice and guidance of the Health Care Workforce Advisory Board, annually report on its strategy for administration and allocation of the fund, including relevant evaluation criteria, and short-term and long-term programmatic and policy recommendations to improve workforce performance.
(d) All expenditures from the Health Care Workforce Transformation Fund shall have 1 or more of the following purposes:-
(i) support the development and implementation of employer and work programs to enhance worker skills, income, productivity and retention rates;
(ii) address critical workforce shortages;
(iii) address workforce needs identified in the health resource plan developed under section 25A of chapter 111;
(iv) improve employment in the health care industry for the unemployed or low-income individuals and low-wage workers;
(v) provide training or educational services for currently employed or unemployed health care workers who are seeking new positions or responsibilities within the health care industry;
(vi) provide training or educational services for existing health care workers in emerging fields of care delivery models;
(vii) provide loan repayment and incentive programs for health care workers;
(viii) provide career ladder programs for health care workers; or
(ix) any other purpose the secretary, in consultation with the Health Care Workforce Advisory Board, determines.
(e) The secretary shall establish a competitive grant process funded by the Health Care Workforce Transformation Fund to eligible applicants to provide education and training to health care workers. Eligible applicants shall include: employers and employer associations; local workforce investment boards; labor organizations; joint labor-management partnerships; community-based organizations; institutions of higher education; vocational education institutions; one-stop career centers; local workforce development entities; and any partnership or collaboration between eligible applicants. Expenditures from the fund for such purposes shall complement and not replace existing local, state, private, or federal funding for training and educational programs.
(f) A grant proposal submitted under subsection (e) shall include, but not be limited to:
(i) a plan that defines specific goals for health care workforce training and educational improvements over a multi-year period in specific areas;
(ii) the evidence-based programs the applicant shall use to meet the goals;
(iii) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions the applicant or applicants will be providing in support of the proposal;
(iv) any other private funding or private sector participation the applicant anticipates in support of the proposal; and
(v) the anticipated number of individuals who would receive a benefit due to the implementation of the plan.
Priority may be given to proposals that target areas of critical labor needs for the health care industry or that are projected to be critical labor needs of the health care industry in the near future. Priority may also be given to proposals that target geographic areas with specific health care workforce needs or that target geographic areas with unemployment levels higher than the state average. If no proposals were offered in areas of particular need, the secretary may provide technical assistance and planning grant funding directly to eligible applicants in order to develop grant proposals.
The secretary shall, in consultation with the Health Care Workforce Advisory Board, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented by or authorized by the secretary.
(g) The secretary shall annually expend not less than 20 per cent of available funds in the Health Care Workforce Transformation Fund to expand training and loan forgiveness programs for primary care providers in the commonwealth. The training and loan forgiveness programs for primary care providers shall include, but not be limited to:
(i) The secretary shall establish a competitive primary care residency grant process funded by the Health Care Workforce Transformation Fund to eligible applicants for the purpose of financing the training of primary care providers at teaching community health centers. Eligible applicants shall include teaching community health centers accredited through affiliations with a commonwealth funded medical school or licensed as part of a teaching hospital with a residency program in primary care or family medicine and teaching health centers that are the independently accredited sponsoring organization for the residency program and whose residents are employed by the health center.
To receive funding, an applicant shall (a) include a review of recent graduates of the teaching community health center’s residency program, including information regarding what type of practice said graduates are involved in 2 years following graduation from the residency program; and (b) achieve a threshold of at least 50 per cent for the percentage of graduates practicing primary care within 2 years after graduation. Graduates practicing (a) more than 50 per cent inpatient care or (b) more than 50 per cent specialty care, as listed in the American Medical Association Masterfile, shall not qualify as graduates practicing primary care.
Awardees of the primary care residency grant program shall maintain their teaching accreditation as either an independent teaching community health center or as a teaching community health center accredited through affiliation with a commonwealth funded medical school or licensed as part of a teaching hospital.
(ii) A primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the commonwealth. The grant program shall be administered by the department of public health; provided, that the department may contract with an organization to administer the grant program. Funds for the grant program shall be matched by other public or private funds.
(iii) The health care provider workforce loan repayment program, established in section 25N of chapter 111, as administered by the department of public health.
(h) The comptroller shall annually transfer not less than 10 per cent of available funds in the Health Care Workforce Transformation Fund to the Massachusetts Nursing and Allied Health Workforce Development Trust Fund established in section 33 of chapter 305 of the acts of 2008 to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health.
(i) The secretary shall, annually on or before January 31, report on expenditures from the Health Care Workforce Transformation Fund. The report shall include, but shall not be limited to: (i) the revenue credited to the fund; (ii) the amount of fund expenditures attributable to the administrative costs of the secretary of labor and workforce development; (iii) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; and (iv) the results of the evaluation of the effectiveness of the activities funded through grants. The report shall be provided to the chairs of the house and senate committees on ways and means, the joint committee on public health, the joint committee on health care financing and the joint committee on labor and workforce development and shall be posted on the department of public health’s website.
(j) The secretary of labor and workforce development may promulgate appropriate regulations to carry out this section.”.
Budget Amendment ID: FY2013-S4-588
EHS 588
Sole Community Provider
Messrs. Wolf and Downing moved that the proposed new text be amended by inserting, after section 161, the following new section: -
SECTION XX. Section 1 of chapter 118G of the General Laws, is hereby amended by striking out: -
“sole community provider, any acute hospital which qualifies as a sole community provider under medicare regulations or under regulations promulgated by the division, which regulations shall consider factors including, but not limited to, such as isolated location, weather conditions, travel conditions, percentage of Medicare, Medicaid and free care provided and the absence of other reasonably accessible hospitals in the area. Such hospitals shall include those which are located more than twenty-five miles from other such hospitals in the commonwealth and which provide services for at least sixty percent of their primary service area.
And inserting in place thereof: -
“sole community provider, any acute hospital which qualifies as a sole community provider under Medicare regulations or under regulations promulgated by the executive office, which regulations shall consider factors including, but not limited to, isolated location, weather conditions, travel conditions, percentage of Medicare, Medicaid and free care provided and the absence of other reasonably accessible hospitals in the area; provided, that such hospitals shall include those which are located more than 20 miles driving distance from other such hospitals in the commonwealth and which provide services for at least 60 percent of their primary service area.”
Budget Amendment ID: FY2013-S4-589
EHS 589
Department of Transitional Assistance Caseworkers
Ms. Chandler moved that the proposed new text be amended in section 2, in item 4400-1100, by striking out the figure “$60,528,893” and inserting in place thereof the figure “$61,528,893”.”
Budget Amendment ID: FY2013-S4-590
EHS 590
Prostate Cancer Awareness
Mr. Brownsberger and Ms. Fargo and Ms. Chandler moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting, after the word "reduction" the following:- "provided, that no less than $250,000 shall be expended to support prostate cancer awareness."
Budget Amendment ID: FY2013-S4-591
EHS 591
Community-based Day and Work Programs
Ms. Spilka moved that the proposed new text be amended in section 2, in item 5920-2025, by striking out the figure “$133,957,044” and inserting in place thereof the following figure:- “$135,022,754”.
Budget Amendment ID: FY2013-S4-592
EHS 592
DCF Social Workers
Ms. Spilka moved that the proposed new text be amended in section 2, in item 4800-1100, by striking out the figure “$166,917,450” and inserting in place thereof the following figure:- “$168,917,450”
Budget Amendment ID: FY2013-S4-593-R2
2nd Redraft EHS 593
Healthy Children Special Commission
Ms. Candaras and Mr. Joyce moved that the proposed new text be amended by inserting after section 155, the following section:-
“SECTION155A. There shall be a special commission to enhance the health of children and women which shall advise the commissioner of public health and the public health council on the current and future roles that lactation and breastfeeding counseling and the education of pregnant and nursing mothers may play in the containment of health care costs and the enhancement of the health of women and children. The commission shall consist of the the commissioner of public health or a designee, who shall serve as chair, the house chair of the joint committee on public health or a designee, the senate chair of the joint committee on public health or a designee, an obstetrician designated by the Massachusetts Chapter of the American College of Obstetricians and Gynecologists, a pediatrician designated by the American Academy of Pediatrics, a representative from Blue Cross Blue Shield of Massachusetts, a representative of the Massachusetts Association of Health Plans, a representative from the Massachusetts Hospital Association, a representative from the Massachusetts League of Community Health Centers, a representative from the Massachusetts Women and Infants Program, a representative of the Healthy Children Project, a representative from the Massachusetts Nurses Association, a representative for the Association of Women’s Health, Obstetrical and Neonatal Nurses and a representative of the women’s legislative caucus. The commission shall file a report with the department of public health and the joint committee on public health not later than January 15, 2013 detailing the state of breastfeeding and breast milk feeding in the commonwealth and setting forth recommendations, together with drafts of legislation, if any, necessary to carry its recommendations into effect.”
Budget Amendment ID: FY2013-S4-595
EHS 595
Childhood Immunizations
Ms. Clark moved that the proposed new text be amended by inserting, after section ___, the following new section:-
"Notwithstanding any general or special law to the contrary, health insurers, as defined in section 34 of chapter 118T of the General Laws, shall pay to health care providers 100% of the reasonable and customary charges for routine childhood immunizations for Massachusetts residents and immunizations for Massachusetts residents who are 18 years of age and under according to the most recent schedules recommended by the advisory Committee on Immunization Practices of the U.S. Department of Health and Human Services, excluding those costs covered by the Commonwealth or the federal government, and any reasonable and customary costs associated with the administration of the vaccines. Said health insurer shall provide such reimbursement to any health care provider who administers covered immunizations in any facility, health care provider’s office or any other setting in the Commonwealth and shall not limit such reimbursement to providers that are participating providers."
Budget Amendment ID: FY2013-S4-597-R1
Redraft EHS 597
Inspector General EBT Study
Ms. Flanagan and Messrs. Tarr, Ross and Knapik moved that the proposed new text be amended by striking out the figure “3”, in line 697, and inserting in place thereof the following figure:- 4; and
by adding, in said section 50, the following section:-
“Section 5O. The department shall maintain policies and practices as necessary to prevent cash assistance provided under this chapter from being used in any electronic benefits transfer transaction in any liquor store, casino, gambling casino, or gaming establishment, and any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, as defined in Section 408(a) of the Social Security Act, as amended. Such establishments shall not accept electronic benefits transfer cards. A store owner who knowingly allows an electronic benefits transaction in violation of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense and a fine of not less than $1,000 for the third or a subsequent offense. For purposes of this section, the term ‘electronic benefit transfer transaction’ means the use of a credit or debit card service, automated teller machine, point-of-sale terminal or access to an online system for the withdrawal of funds or the processing of a payment or merchandise or a service.”; and
by inserting, after section 155, the following 5 sections:-
“SECTION155A. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall provide benefits in the form of vendor payments with respect to rent and utilities whenever a determination is made that the grant has not been used in the best interests of the child or the assistance unit or other chronic misuse of benefits is occurring, provided that vendor payments shall not be instituted when doing so may increase the risk of homelessness, decrease the ability to escape domestic abuse or impair the assistance unit’s ability to withhold payment as a reasonable exercise of consumer or tenant rights when there is a legitimate dispute as to whether the payment is owed. The department of transitional assistance may presume mismanagement of benefits whenever shelter costs, including, but not limited to, rent, heat, fuel, and utilities, have regularly not been met without reasonable cause. At eligibility determinations and redeterminations, the department shall screen households to determine if they have chronically failed to pay rent and utilities to determine if it is appropriate to institute or terminate vendor payments and shall refer households to the housing consumer education centers and community based resources for assistance in meeting their expenses.
SECTION 155B. Notwithstanding any general or special law to the contrary, the inspector general shall conduct a data match survey involving the case records for households receiving cash assistance benefits under chapter 18 for the purposes of uncovering information that is inconsistent with or contradictory to information provided by the cash assistance benefit recipients. The inspector general shall submit a report that shall include the results of a further investigation on a statistically valid sample of the cases for which inconsistent or contradictory information has been found to determine if the household is receiving benefits for which it is not eligible, and if so, whether the error is due to administrative error, unintentional program violation or intentional program violation with the house and senate committees on ways and means or before December 31, 2012; provided, however, that 60 days before filing the report the inspector general shall provide a draft of the report to the department of transitional assistance for review and comment, and shall include the department’s comments with the report when it is made public and filed.
SECTION 155C. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall coordinate with the Massachusetts Bay Transit Authority and each of the regional transit authorities to ensure that by June 30, 2013, cash assistance funds held on electronic benefit transfer cards are accepted for payment of public transportation fares at electronic fare vending machines.
SECTION 155D. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall report on the projected costs of implementing section 155A to the executive office for administration and finance and the house and senate committees on ways and means not later than November 1, 2012.
SECTION 155E. Section 155A shall take effect on July 1, 2013.”
Budget Amendment ID: FY2013-S4-599
EHS 599
DDS Transportation
Ms. Clark and Messrs. Eldridge, Brownsberger, Rodrigues, Finegold, Joyce, Montigny, Welch and Michael O. Moore moved that the proposed new text be amended in section 2, in item 5911-2000, by striking out the figure "$10,486,611" and inserting in place thereof the following figure:- "$13,618,581".
Budget Amendment ID: FY2013-S4-600
EHS 600
Advance Notice to Legislature-TAFDC
Ms. Spilka and Messrs. Brownsberger and DiDomenico and Ms. Clark and Messrs. Keenan, Donnelly, Eldridge, Rodrigues and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4403-2000, by striking the words “30 days” and inserting in place thereof the following words:- “90 days”
Budget Amendment ID: FY2013-S4-602
EHS 602
Advance Notice to Legislature-EAEDC
Ms. Spilka and Messrs. Brownsberger and DiDomenico and Ms. Clark and Messrs. Donnelly, Eldridge, Rodrigues and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4408-1000, by striking the words “30 days” and inserting in place thereof the following words:- “90 days”.
Budget Amendment ID: FY2013-S4-603
EHS 603
Puerto Rican Veteran's Center
Mr. Welch moved that the proposed new text be amended in section 2, in item 1410-0012, by adding at the end thereof the following: “provided that $165,000 be expended for the purpose of funding for the Puerto Rican Veteran's Center”
Budget Amendment ID: FY2013-S4-604
EHS 604
DCF Attorneys- Group 2 Retirement
Mr. Eldridge moved that the proposed new text be amended by inserting the following new section:-
SECTION XXX. Section 3 of chapter 32 of the General Laws as appearing in the 2006 Official Edition is hereby amended in line 252 by inserting after the word prisoners the following words: employees of the department of children and families holding the title of attorney, social worker A/B, C, or D or successive titles who have been employed in such titles for 10 years or more.
Budget Amendment ID: FY2013-S4-605-R1
Redraft EHS 605
Mass Health Adult Dental
Ms. Chandler and Ms. Clark and Messrs. Michael O. Moore, Eldridge, Brownsberger and Knapik and Ms. Creem and Ms. Chang-Diaz and Messrs. Montigny, Kennedy, DiDomenico, Wolf and Ross moved that the proposed new text be amended in section 2, in item 4000-0700, by striking out the figure “$1,927,680,126” and inserting in the place thereof the figure “$1,933,730,126”; and
in section 2E, in item 1595-5819 by striking out the figure “$739,622,286” and inserting in place thereof the following figure:-“$740,772,286”; and
in subsection (a) of section 137 by inserting after the words “January 1, 2002”, in line 1891, the following words:- “provided, that preventive services, extractions, and procedure codes D2330 and D2331 shall be covered dental services”; and
by inserting, after section 155, the following new section:-
“SECTION 155A. Notwithstanding any general or special law to the contrary, the division of health care finance and policy shall study the cost and frequency of emergency room utilization for dental conditions, and shall develop a procedure code for emergency room dental services. The division shall file a report of its findings with the house and senate committees on ways and means not later than December 31, 2012.”.
Budget Amendment ID: FY2013-S4-606
EHS 606
Group 2 Retirement for DCF Employees
Ms. Clark and Mr. Tarr moved that the proposed new text be amended by inserting, after section ____, the following new section:-
"SECTION XX. Section 3 of chapter 32 of the General Laws as appearing in the 2006 Official Edition is hereby amended in line 252 by inserting after the word prisoners the following words: employees of the department of children and families holding the title of social worker A/B, C, or D or successive titles who have been employed in such titles for 10 years or more."
Budget Amendment ID: FY2013-S4-607-R1
Redraft EHS 607
Massachusetts Down Syndrome Congress
Ms. Clark and Mr. Eldridge and Ms. Spilka and Mr. Donnelly and Ms. Chandler and Messrs. Richard T. Moore and Joyce moved that the proposed new text be amended in section 2, in item 5911-1003, by adding at the end thereof the following:-
“and provided further, that the department may expend funds for the Massachusetts Down Syndrome Congress”
Budget Amendment ID: FY2013-S4-608
EHS 608
South Boston Health Center Youth Ambassadors Program
Mr. Hart moved that the proposed new text be amended in section 2, in item 4512-0200,
By inserting after the words “adjudicated indigent clients”, the following:
“; and provided further, that not less than $125,000 shall be expended to fund comprehensive substance abuse prevention to sustain the Youth Ambassadors program.”
Budget Amendment ID: FY2013-S4-609
EHS 609
Emergency services funding necessitated by Taunton Hospital closure
Mr. Finegold moved that the proposed new text be amended in section 2, in item 5095-0015, by adding at the end thereof the following: "provided further, that $350,000 shall be expended for the purpose of providing funds for emergency services in municipalities which experience an increase in continuing care inpatient beds due to the closure of Taunton State Hospital"; and in said item, by striking out the figure "$158,488,321" and inserting in place thereof the following figure:- "$158,838,321".
Budget Amendment ID: FY2013-S4-610
EHS 610
Relative to Children on MassHealth with Complex Care Needs
Ms. Clark and Messrs. Kennedy, DiDomenico and Joyce moved that the proposed new text be amended by inserting, after section ___, the following new section:-
Section XX: Notwithstanding any general or special law to the contrary, the Executive Office of Health and Human Services (EOHHS) shall conduct a procurement to select an entity or entities to conduct an analysis of the children with complex care needs in the MassHealth program. The goal of the procurement shall be to identify a suitable vendor to partner with the Executive Office to identify all children with complex care needs in the MassHealth program, understand the services, service providers and medical resources utilized and current costs of serving these children; and to analyze the suitability of their current primary or majority care settings relative to the goals of the Commonwealth’s Patient-Centered Medical Home Initiative and the goal of providing the highest quality care most efficiently by managing care and utilization of services. The analysis conducted pursuant to the procurement shall group the patients by primary diagnosis, including mental health diagnoses, and/ or other clinical profile characteristics and assess the current medical home capabilities of primary care providers for the relevant patients in each category, by geographic region. EOHHS shall not award any money or other compensation with the contract. The request for proposals shall be released by October 1, 2012 and the vendor shall be selected by November 30, 2012.
The chosen entity or entities shall produce a report of its findings to the Executive Office of Health and Human Services, the Division of Insurance, the Joint Committee on Health Care Finance, the House and Senate Committees on Ways and Means and the House and Senate clerks, for public availability, no later than August 31, 2013. Such report shall include the following: a) recommendations for how children with complex care needs could be served in keeping with the goals of the Commonwealth’s Patient Centered Medical Home Initiative; b) recommendations for appropriate quality benchmarks for their care or recommendations regarding the development of such metrics; c) an analysis of potential federal and external funding sources; and d) an analysis of care models and financial arrangements used for complex children in other states.
Budget Amendment ID: FY2013-S4-611
EHS 611
SANE Nurses
Ms. Clark moved that the proposed new text be amended by inserting, after section ___, the following new section:-
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.
Budget Amendment ID: FY2013-S4-612-R1
Redraft EHS 612
Pediatric Palliative Care Program
Messrs. DiDomenico and Moore moved that the proposed new text be amended in section 2, in item 4590-1503, by striking the figure “$796,051” and inserting in place thereof the following figure:- “$896,051”
Budget Amendment ID: FY2013-S4-615
EHS 615
MassHealth Outreach Grants
Messrs. DiDomenico, Eldridge, Montigny, Michael O. Moore and Brownsberger moved that the proposed new text be amended in section 2, by inserting after item 4000-0320 the following item: -
“4000-0352 for EOHHS Health Care Reform Enrollment, Outreach and Access to Care grants to public and private nonprofit groups to be administered by the executive office in consultation with the Health Care Reform Outreach and Education Unit; provided, that grants shall be awarded to groups statewide, with emphasis in areas and populations in which the division of health care finance and policy has determined a high percentage of uninsured and unenrolled individuals and areas in which there are limited health care providers; provided that the grants shall support efforts by the grantees to provide outreach, enrollment and re-enrollment assistance, education on effective and appropriate use of health care coverage, and coverage retention activities directly to consumers who may be eligible for programs including, but not limited to, MassHealth, the Commonwealth Care Health Insurance Program, the Commonwealth Choice program, Prescription Advantage, the Medical Security Plan, the Children’s Medical Security Plan, Healthy Start, and the Health Safety Net and who may require individualized support due to geography, ethnicity, race, culture, linguistic capacity, age, economic status, immigration status, or disease status; provided that in awarding the grants, the unit shall provide written guidance to selected grantees with specific strategies of how to expend funds in the most efficient manner to target populations and avoid duplication of activities, including examples of best practices among prior year outreach grant recipients; provided that the grants shall support technical assistance that includes informational updates, trainings, and the sharing of best practices for grantee organizations conducting outreach, enrollment assistance, education and coverage retention activities for programs including, but not limited to, MassHealth, the Commonwealth Care Health Insurance Program, the Commonwealth Choice program, Prescription Advantage, the Medical Security Plan, the Children’s Medical Security Plan, Healthy Start, and the Health Safety Net; provided further, that the executive office may fund all or part of the grants through transfers from the Commonwealth Health Insurance Connector Authority or other authorities of the Commonwealth, federal or foundation grant funds, donated funds or other sources;
and provided further, that the secretary shall report to the house and senate committees on ways and means on the exact amounts distributed in fiscal year 2013, and the extent to which any portion of resulting expenditures are eligible for federal reimbursement .................................. 2,500,000”
Budget Amendment ID: FY2013-S4-616-R1
Redraft EHS 616
Massachusetts Veteran and War Memorials Commission
Mr. Rush moved that the proposed new text be amended in section 2E, in item XXXX-XXXX, <w:p><w:r><w:t xml:space="preserve">, by inserting after section 155 the following section:-
"SECTION 155A. There shall be a commission to evaluate and make recommendations on an equitable method for awarding funding for the upkeep, maintenance or repair of veteran or war memorials within the commonwealth. The commission shall be known as the Massachusetts Veteran and War Memorials Commission.
The commission shall consist of 5 members: 1 of whom shall be appointed by the governor, who shall serve as chair; 1 of whom shall be appointed by the president of the senate; 1 of whom shall be appointed by the speaker of the house of representatives; the adjutant general of the national guard, or a designee; and the secretary of the department of veterans’ services, or a designee. Members of the commission shall not receive compensation for their services. No designee shall be a member of the legislature.
The commission shall report its recommendations to the department of veterans’ services and the house and senate committees on ways and means not later than March 1, 2013. This report shall not affect funding for war memorials in FY 2013.”
Budget Amendment ID: FY2013-S4-617
EHS 617
Disabled Persons Protection Commission
Mr. Berry and Ms. Spilka and Messrs. Joyce, Keenan, Eldridge, Brownsberger, Moore and DiDomenico and Ms. Clark and Mr. Kennedy moved that the proposed new text be amended in section 2, in item 1107-2501, by striking out the figures “$2,252,599” inserting in place thereoff the figures:“$2,316,927”
Budget Amendment ID: FY2013-S4-618
EHS 618
NORCs- Naturally Occurring Retirement Communities
Ms. Creem and Mr. Rush and Ms. Spilka and Ms. Chandler and Messrs. Eldridge, Donnelly, McGee and Joyce moved that the proposed new text be amended in section 2, in item 9110-1660, by inserting after the words “naturally occurring retirement communities for the elderly,” the following:
“;provided further, that no less than $214,000 shall be expended for naturally occurring retirement communities providers from this line-item with whom the Department of Elder Affairs entered into service agreements with in fiscal year 2012 at no less than the amount expended to those providers in fiscal year 2012.”
Budget Amendment ID: FY2013-S4-619
EHS 619
Domestic Violence and Sexual Assault Prevention and Victim Services
Mr. Eldridge and Ms. Creem and Ms. Chang-Diaz and Messrs. Michael O. Moore, Finegold and Brownsberger moved that the proposed new text be amended in section 2, in item 4513-1130, by striking out the figure $5,514,340 and inserting in place thereof the following figure:- $6,391,677.
Budget Amendment ID: FY2013-S4-620
EHS 620
Community Hospitals Infrastructure Improvements
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4000-0500, by inserting after the words “efficiently and effectively” the following:-
“provided further that funds may be expended to BIDH – Milton for critical repairs and new unit expansion”
Budget Amendment ID: FY2013-S4-621
EHS 621
Community Hospitals Technology
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4000-0500, by inserting after the words “efficiently and effectively” the following:-
“provided further that funds may be expended to community hospitals to initiate health information technology improvements including but not limited to, e-prescribing, patient portal, continuity of care document, data repository, dose tracker, new hardware and technicians”
Budget Amendment ID: FY2013-S4-622
EHS 622
DCF Fair Hearings
Ms. Creem and Mr. Eldridge and Ms. Jehlen and Messrs. Rush and Brownsberger and Ms. Candaras and Mr. Donnelly moved that the proposed new text be amended in section 2, in item 4800-0015, by inserting after the words “which shall ensure that the department shall maintain an independent, timely and fair administrative hearing system;” the following words:-
"provided further, that the regulations required to be promulgated by the preceding proviso shall not enlarge any time specified in current regulations by which the department must hold fair hearings or render fair hearing decisions;"
and by inserting after the words “identify the number of fair hearing requests that are pending,” the following words:-
"for more than 150 days"
and by inserting after the words “as of the conclusion of the most recent quarter,” the following words:--
"provided further that the department shall maintain and make available to the public during regular business hours all of its fair hearing decisions with identifying information removed, and a record of its fair hearings with identifying information removed, reflecting, for each hearing request, the date of the request, the date of the hearing, the length of any extensions granted to the party, the date of the hearing decision, the decision rendered by the hearing officer, and the final decision rendered upon the Commissioner’s review;"
Budget Amendment ID: FY2013-S4-623
EHS 623
COST CONTROL FOR CHRONICALLY UNEMPLOYED
Messrs. Tarr and Knapik moved that the proposed new text be amended in section 2, in item 4000-1405, by adding the following at the end thereof:-
“provided further that the secretary shall conduct an analysis of the cost trends associated with this item since its inception, and the projected costs associated with it for the next five years, and that such analysis, together with any legislative recommendations to reduce the cost or improve the sustainability of such program, shall be filed with the clerks of the house and senate and the joint committee on health care financing not later than eight months following the passage of this act.”
Budget Amendment ID: FY2013-S4-624-R1
Redraft EHS 624
Employment and Training-ORI
Ms. Creem and Ms. Clark and Messrs. Eldridge, Finegold, Petruccelli, DiDomenico and Welch and Ms. Spilka and Ms. Chandler and Mr. McGee moved that the proposed new text be amended in section 2, in item 4401-1000, by striking out the figure "$130,000"and inserting in place thereof the following figure:-"$180,000"
and, by striking out the figure "$3,904,506" and inserting in place thereof the following figure:-"$3,954,506"
Budget Amendment ID: FY2013-S4-625
EHS 625
Job Training - newly blind adults
Ms. Creem and Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 4110-1000, by inserting at the end thereof the following:- “and, provided that $300,000 shall be expended for job training for newly blind adults at the Carroll Center for the Blind”; and in said item by striking out the figure “$3,940,941” and inserting in place thereof the figure:- “$4,240,941”
Budget Amendment ID: FY2013-S4-626-R1
Redraft EHS 626
Adult Day Health Technical Amendment
Ms. Jehlen and Mr. Joyce moved that the proposed new text be amended by inserting after section 83 the following 3 sections:-
“SECTION 83A. Section 72F of chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “section 71”, in line 9, the following words:- or an adult day health program licensed by the department of public health.
SECTION 83B. Said section 72F of said chapter 111, as so appearing, is hereby further amended by inserting after the word "setting", in line 11, the following words:- or adult day health program setting.
SECTION 83C. Said section 72F of said chapter 111, as so appearing, is hereby further amended by inserting after the words "hospice program", in line 36, the following words:- or an individual who receives services at an adult day health program."; and
by inserting after section 103 the following section:-
“SECTION 103A. Subsection (a) of chapter 87 of the acts of 2011 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The department of public health, in consultation with the executive office of health and human services, shall adopt regulations for the statewide licensure of adult day health programs. The application fee for the issue or renewal of an adult day health program license shall be determined annually by the secretary of administration and finance under section 3B of chapter 7 of the General Laws. The license shall not be transferable or assingnable and shall be issued only for the premises named in the application.”.
Budget Amendment ID: FY2013-S4-627
EHS 627
Child and Family Services
Ms. Clark moved that the proposed new text be amended in section 2, in item 4800-0038, by striking out figure “246,508,481” and inserting in place thereof the following figure:- “248,173,891”.
Budget Amendment ID: FY2013-S4-628
EHS 628
Senior Farm Share Program
Messrs. Rosenberg and Knapik moved that the proposed new text be amended in section 2, in item 9110-1900, by inserting at the end thereof the following:- “provided, that funds shall be expended for the senior farm share program”; and by striking out “6,325,328” and inserting in place thereof the following figure:- “$6,375,328”
Budget Amendment ID: FY2013-S4-630
EHS 630
Teen Living Shelter Program
Messrs. Finegold, Knapik, Eldridge, Brownsberger, DiDomenico and McGee moved that the proposed new text be amended in section 2, in item 4403-2119, by striking out the figure "$8,081,401" and inserting in place thereof the following figure:- "$8,470,000".
Budget Amendment ID: FY2013-S4-631
EHS 631
Family Planning
Ms. Jehlen and Messrs. Wolf and DiDomenico and Ms. Chang-Diaz and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 4513-1000, by deleting the following figures: "4,666,697" and inserting in place thereof the following figures: "6,200,000".
Budget Amendment ID: FY2013-S4-632
EHS 632
TAFDC
Ms. Chang-Diaz and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4403-2000, by striking out the figure "$315,351,679" and inserting in place thereof the following figure:- "$318,871,955"
Budget Amendment ID: FY2013-S4-633-R1
Redraft EHS 633
Relative to Continuity of Care for Families Relying on MassHealth Coverage
Messrs. Eldridge and Brownsberger and Ms. Jehlen, Ms. Clark and Ms. Spilka and Mr. DiDomenico and Ms. Chang-Diaz and Mr. Montigny moved that the proposed new text be amended by inserting after section 155, the following section:-
"SECTION 155A. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall pursue all reasonable efforts to automatically renew eligible children and families into the MassHealth program, through the adoption of the express-lane eligibility option created under section 203 of the federal Children’s Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, as it pertains to renewals, and through the extension of that approach to all children and their eligible parents enrolled in medical assistance under chapter 118E of the General Laws. Specifically, the executive office shall seek federal authority under the section 1115 demonstration processor the state planto automatically re-enroll all children and their eligible parents who are eligible for other state or federal assistance programs whose eligibility requirements are within the requirements for the applicable MassHealth program.
(b) The executive office of health and human services shall provide families with renewal forms for all programs administered under said chapter 118E in which the fields have been pre-populated with the most current information known to the executive office. This subsection shall be effective not later than January 1, 2014.
(c) There shall be a study committee to investigate the feasibility and cost of continuous MassHealth eligibility for children under the age of 19. The committee shall consist of the following members: the director of the office of Medicaid, or a designee, who shall serve as chair; the secretary of health and human services, or a designee; the secretary of administration and finance, or a designee; the house chair of the joint committee on health care financing, or a designee; the senate chair of the joint committee on health care financing, or a designee; and a representative of health care consumers, to be appointed by the governor. The committee shall formulate relevant Medicaid state plan amendments, cost projections and information technology specifications necessary to implement continuous eligibility for children not later than June 30, 2014.
(d) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall conduct an investigation of all federal and state assistance programs to determine which programs share eligibility requirements with MassHealth and which could feasibly share data with the MassHealth program for purposes of renewing eligible children and their eligible parents in MassHealth through the express-lane eligibility option created under said Children’s Health Insurance Program Reauthorization Act of 2009, Public Law 111-3. The executive office shall submit a report on the results of such investigation by filing the same with the clerks of the house of representatives and the senate who shall forward the report to the house and senate committees on ways and means, the joint committee on health care financing and the joint committee on children and families and persons with disabilities not later than April 1, 2013.".
Budget Amendment ID: FY2013-S4-634
EHS 634
Sports Injury Commission
Ms. Creem moved that the proposed new text be amended [Amendment Text]
by inserting, after Section 133, the following section:-
“SECTION 133A. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a Sports Injury Commission to investigate and report on the incidence of sports injuries in elementary, middle and high school children. Said commission shall collect data of the types of sports injuries, frequency, severity, identify high-risk sports, and long term impact of sports injuries on young athletes, including but not limited to the rate and type of eye, facial, head injuries, heart injuries and heart failure incurred and the types of sports most frequently associated with such injuries. The commission shall develop strategic and legislative recommendations to reduce the incidence of sports injuries, including the mandatory use of protective eye wear and/or headgear in all high-risk sports and consideration of mandatory heart testing.
The commission shall be comprised of the House and Senate Chairs of the Joint Committee on Public Health, who shall serve as co-chairs of the commission; the House and Senate Chairs of the Joint Committee on Education; the Commissioner of the Department of Public Health or his designee; the Commissioner of the Department of Education; and one representative from each of the following organizations: the Massachusetts Society of Eye Physicians and Surgeons; the Massachusetts Medical Society; the Massachusetts College of Emergency Room Physicians; the Massachusetts Chapter of the American Academy of Pediatrics; the Massachusetts Academy of Family Physicians; the Massachusetts Chapter American College of Cardiology; the Massachusetts Interscholastic Athletic Association; the Massachusetts Head Injury Association; the Massachusetts School Nurses Association; the American Heart Association; the Massachusetts Dental Society, the Massachusetts Coaches Association and two high school students.
Said commission shall file a report of its study, including its recommendations and drafts of legislation with the clerks of the Senate and House of Representatives on or before December 31, 2013.”
.
Budget Amendment ID: FY2013-S4-635-R1
Redraft EHS 635
Nursing Homes
Messrs. Berry and Hart and Ms. Spilka and Messrs. Rodrigues, Finegold, Rush and Moore and Ms. Clark and Messrs. Brownsberger, Eldridge and Kennedy and Ms. Donoghue and Messrs. Joyce, Wolf, Knapik and Donnelly moved that the proposed new text be amended in section 2, in item 4000-0600, by striking section 107, and inserting in place thereof, the following section:-
SECTION 107. (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2012 as follows: (i) transfer $15,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; (ii) transfer $20,000,000 from the General Fund to the Health Care Workforce Transformation Trust Fund established in section 2FFFF of chapter 29 of the General Laws; (iii) transfer $27,200,000 from the General Fund to item 4000-0640 of section 2 for the purposes of establishing additional nursing facility supplemental Medicaid rates and $2,800,000 for incentive payments to nursing facilities meeting the criteria determined in the MassHealth nursing facility pay for performance program established in 114.2 CMR 6.00; and (iv) transfer the remaining balance from the General Fund to the Commonwealth Stabilization fund.
(b) All transfers pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances; provided, however, that no such transfer shall cause a deficit in any of the funds.
Budget Amendment ID: FY2013-S4-636-R1
Redraft EHS 636
Early Intervention
Messrs. Berry and Joyce and Ms. Fargo and Messrs. Timilty, DiDomenico, Eldridge, Finegold and Knapik and Ms. Chang-Diaz and Messrs. Brownsberger, Richard T. Moore and Rodrigues and Ms. Clark and Messrs. Keenan and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4513-1020, by inserting at the end thereof the following: “provided further, that the department shall determine if it projects a surplus in this account not later than October 1, 2012; provided further, that said surplus shall be used to provide salary bonuses to direct care personnel employed by early intervention providers; provided further, that said bonuses shall be considered one-time in nature and shall not annualize into fiscal year 2014 or subsequent years; and provided further, that no funds from this item shall revert and any surplus funds shall be used for said salary bonuses” and by striking the figure “$27,725,263” and inserting in place thereof:- “$28,725,263”
Budget Amendment ID: FY2013-S4-637
EHS 637
MassHealth Outpatient Reimbursement Limitations
Mr. Downing moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the word “requirements;” the following:- “provided further, that the executive office shall not modify its outpatient reimbursement limitations for outpatient hospital care that is followed by an inpatient hospital stay;”
Budget Amendment ID: FY2013-S4-638
EHS 638
Sharing Vital Information
Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended "SECTION __. Paragraph 2 of section 4 of chapter 17 of the general laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following sentence at the end thereof:-
The registrar shall provide electronic access to any state board or agency, including but not limited to the State Board of Retirement and the Office of the Jury Commissioner, to facilitate verification to ensure that those receiving state benefits or being asked to perform a state service are not disqualified for the benefit or from performing the service as a result of appearing on the registry of deaths."
Budget Amendment ID: FY2013-S4-639-R1
Redraft EHS 639
Employment Services Program
Messrs. Rodrigues, Wolf, Brownsberger and Finegold and Ms. Donoghue and Messrs. McGee and DiDomenico moved that the proposed new text be amended in section 2, in item 7003-0803, by inserting the following out the words;- “; provided, that programs funded in the Competitive Integrated Employment Service program in item 4401-1000 in section 2 of chapter 68 of the acts of 2011 may be funded through this line item”.
Budget Amendment ID: FY2013-S4-640
EHS 640
Tobacco Cessation and Prevention Services
Ms. Fargo and Messrs. Rush, Donnelly, Brownsberger and Eldridge moved that the proposed new text be amended in section 2, in item 4590-0300, by striking the figure "$4,151,958" and inserting in place thereof the following figure:- “$5,850,703”
Budget Amendment ID: FY2013-S4-641
EHS 641
Health Promotion and Disease Prevention
Ms. Fargo and Messrs. Brownsberger, Rodrigues and Montigny and Ms. Chang-Diaz and Ms. Creem and Messrs. Eldridge and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4513-1111, by striking the figure "$3,150,000" and inserting in place thereof the following figure:- “$3,413,076”
Budget Amendment ID: FY2013-S4-642
EHS 642
Public Health Hospital Funding
Messrs. Finegold, Joyce and DiDomenico and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4590-0915, by striking out the figure "142,754,835" and inserting in place thereof the following figure:- "$144,090,926".
Budget Amendment ID: FY2013-S4-643
EHS 643
Quality Nursing Home Care Initiative
Mr. DiDomenico and Ms. Candaras and Messrs. Joyce and Moore and Ms. Jehlen and Messrs. Welch, Donnelly and Brownsberger and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4000-0640, by adding the following: -
“provided further, that not less than $2,800,000 shall be expended as incentive payments to nursing facilities meeting the criteria determined under the MassHealth Nursing Facility Pay-for-Performance Program and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management that is focused on implementing that criteria and improving the quality of services available to MassHealth members; and provided further that the MassHealth agency shall adopt regulations and procedures necessary to carry out section.”
Budget Amendment ID: FY2013-S4-644
EHS 644
Office of Health Equity
Ms. Fargo and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the words “of adequate quality;” the following words:-
“provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services;”
Budget Amendment ID: FY2013-S4-645
EHS 645
Preserving HIV/AIDS and Hepatitis Services
Ms. Chang-Diaz and Mr. Brownsberger and Ms. Creem and Messrs. DiDomenico and Eldridge and Ms. Fargo and Ms. Jehlen and Messrs. Knapik, Rosenberg, Keenan, Donnelly and Montigny and Ms. Candaras moved that the proposed new text be amended in section 2, in item 4512-0103, by striking out the figure "$32,101,023" and inserting in place thereof the following figure:- "$33,351,023"
Budget Amendment ID: FY2013-S4-646
EHS 646
Violence Prevention Grants
Ms. Chang-Diaz and Ms. Fargo and Messrs. Welch and Knapik moved that the proposed new text be amended in section 2, in item 4590-1506, by striking out the figure “$1,007,431” and inserting in place thereof the following figure:- “$2,000,000”
Budget Amendment ID: FY2013-S4-647
EHS 647
Regional Emergency Medical Services
Ms. Fargo moved that the proposed new text be amended in section 2, in item 4510-0790, by striking the following language in item 4510-0790, “For regional emergency medical services; provided, that no funds shall be expended in the AA object class; and provided further, that the regional emergency medical services councils, designated under 105 CMR 170.101 and the C-MED medical emergency communications centers that were in existence on January 1, 1992, shall remain the designated councils and C-MED communications centers” and inserting in place thereof the following :-
“For regional emergency medical services; provided that the regional emergency medical services councils, designated under 105 CMR 170.101 shall remain the designated councils”
Budget Amendment ID: FY2013-S4-648
EHS 648
Community Action Homelessness Prevention Program
Ms. Clark and Mr. Berry and Ms. Jehlen and Mr. DiDomenico and Ms. Chandler and Messrs. Keenan, Finegold, Brownsberger, Eldridge, Donnelly and McGee moved that the proposed new text be amended in section 2, in item 4403-2000, by adding at the end thereof the following:-
"provided that $5,000,000 be expended for the purposes of a homelessness prevention program known as the Community Action Homelessness Prevention Program (CAHPP), to be administered by community action agencies, as defined in section 24 of the Chapter 23B of the Massachusetts General Laws, to support the delivery of services by staff and to support emergency financial assistance for families who have incomes at or below 130% of the federal poverty line and include a child under age 21 or a pregnant woman;
provided further, that such prevention services and financial assistance shall be offered on first-come, first-serve basis, and shall include landlord/tenant mediation, legal assistance to prevent eviction, housing search services, stabilization services and tracking to ensure that families remain housed for a minimum of 12 months, and financial assistance to pay up to $4,000 per household for rental arrearages, short-term subsidy, or first month’s rent/last month’s rent/security deposit;
provided further that arrearage payments shall be to landlords who have issued a notice to quit but who agree to withdraw the notice and extend the tenancy if payment is provided and that short term subsidy for first month, last month, security deposit funds shall be offered only if funds will prevent a family from becoming homeless;
provided further that families served shall include families that are at risk of homelessness but have not yet sought eligibility determination for HomeBASE services and shall also include families at risk of homelessness who do not yet meet eligibility criteria for HomeBASE services and are referred to community action agencies by HomeBASE agencies or other nonprofit or service organizations or government entities;
provided further, that community action agencies and regional housing nonprofits shall collaborate to ensure that the maximum number of households are able to secure prevention resources through either the Community Action Homelessness Prevention Program or RAFT resources”; and in said item, by striking out the figure:- “$315,351,679” and inserting in place thereof the figure:- “$320,351,679”.
Budget Amendment ID: FY2013-S4-649-R1
Redraft EHS 649
Community Health Center PCP Loan Forgiveness
Ms. Chang-Diaz moved that the proposed new text be amended by inserting after section 155 the following section:-
“SECTION 155A. Notwithstanding any general or special law to the contrary, the primary care workforce development and loan forgiveness grant program at community health centers, established under the Health Care Workforce Transformation Fund, shall be administered by the Massachusetts League of Community Health Centers during fiscal year 2013.”
Budget Amendment ID: FY2013-S4-650
EHS 650
Providing Access to Shelter 1
Ms. Spilka and Messrs. Donnelly and Eldridge and Ms. Chang-Diaz and Mr. Joyce moved that the proposed new text be amended in section 2, in item 7004-0108, by inserting after the words, “provided further, that families receiving services through item 7004-0101 for longer than 32 weeks from July 1, 2012 through June 30, 2013 shall not be eligible for assistance through this item” the following new words:-
“until 12 months from the date of exit from shelter;”
Budget Amendment ID: FY2013-S4-651
EHS 651
Safe and Successful Youth Initiative
Ms. Chang-Diaz and Messrs. Welch, Brownsberger, DiDomenico and Knapik moved that the proposed new text be amended in section 2, in item 4000-0005, by striking out the figure “$8,000,000” and inserting in place thereof the following figure:- “$10,000,000”
Budget Amendment ID: FY2013-S4-652
EHS 652
Providing Access to Shelter 2
Ms. Spilka and Messrs. Donnelly and Eldridge and Ms. Chang-Diaz and Mr. Joyce moved that the proposed new text be amended in section 2, in item 7004-0101, by inserting after the words, “provided further, that families who receive benefits under this item for longer than 32 weeks after July 1, 2012 shall not be eligible for household assistance under item 7004-0108” the following new words:-
“until 12 months from the date of exit from shelter;”
Budget Amendment ID: FY2013-S4-654
EHS 654
Preventable Readmissions Penalties
Mr. Finegold moved that the proposed new text be amended by inserting, after section 140, the following new section:-
"SECTION 140A. The executive office of health and human services shall not apply a reduction to hospital inpatient rates related to potentially preventable readmissions until the health care quality and cost council completes a study on the issue of hospital preventable readmissions and the available methods to determine whether certain hospital admissions are preventable. The council shall evaluate the MassHealth method and financial penalty as employed in FY2012. The council shall consult with independent experts and the hospital community. A report shall be filed with the house and senate committees on ways and means and the house and senate committee on health care financing no later than March 31, 2013."
Budget Amendment ID: FY2013-S4-655
EHS 655
Co-Pay Assistance
Messrs. Rodrigues, Michael O. Moore, Tarr and Finegold and Ms. Candaras and Messrs. Timilty, Welch, Rush and DiDomenico and Ms. Clark and Mr. Knapik moved that the proposed new text be amended by inserting, after section__, the following new 4 sections:-
SECTION__. Section 3 of chapter 175H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting before the word “Any”, in line 1, the following:- (a).
SECTION__. Said section 3 of said chapter 175H, as so appearing, is hereby further amended by inserting after word “rebate”, in line 7, the following words:- , except as provided in subsection (b).
SECTION__. Said section 3 of said chapter 175H, as so appearing, is hereby further 7 amended by adding the following 3 subsections:-
(b)(1) This section shall not apply to any discount or free product vouchers that a retail pharmacy provides to a consumer in connection with a pharmacy service, item or prescription transfer offer or to any discount, rebate, product voucher or other reduction in an individual’s out-of-pocket expenses, including co-payments and deductibles, on (i) any biological product as defined in section 351 of the Public Health Service Act, 42 USC 262, or (ii) any prescription drug provided by a pharmaceutical manufacturing company, as defined in section 1 of chapter 111N, that is made available to an individual if the discount, rebate, product voucher or other reduction is provided directly or electronically to the individual or through a point of sale or mail-in rebate, or through similar means; provided, however, that a pharmaceutical manufacturing company shall not exclude nor favor any pharmacy in the redemption of such discount, rebate, product voucher or other expense reduction offer to a consumer.
(2) Pharmaceutical manufacturing companies are prohibited from offering any discount, rebate, product voucher or other reduction in an individual’s out-of-pocket expenses, including co-payments and deductibles, for any prescription drug that has an AB rated generic equivalent as determined by the Food and Drug Administration.
(c) Subsection (b) shall not: (i) restrict a pharmaceutical manufacturing company with regard to how it distributes a prescription drug, biologic or vaccine; or (ii) restrict a carrier or a health maintenance organization, as defined in section 1 of chapter 118G, with regard to how its plan design will treat such discounts, rebates, product voucher or other reduction in out-of-pocket expenses; or (iii) affect in any way the obligations of practitioners and pharmacists pursuant to the generic substitution statute as defined in section 12D of chapter 112.
(d) For purposes of the federal Health Insurance Portability and Accountability Act of 1996, hereinafter referred to as HIPAA, and regulations promulgated under HIPAA, 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 HIPAA or regulations promulgated under HIPAA.
SECTION__. By no later than December 31, 2015, the division of health care finance and policy, in consultation with the department of public health, shall conduct and complete an analysis of the impact on health care costs of the use of discounts, rebate, product voucher or other reduction for biological products and prescription drugs authorized pursuant to this Act. The report shall include, but not be limited to, a comparison of any change in utilization of generic versus brand name prescription drugs, the affect on patient adherence to prescribed drugs, patient access to innovative therapies, and an analysis of the impact on commercial health insurance premiums and on premiums associated with the group insurance commission.
The division shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing.
Budget Amendment ID: FY2013-S4-655.1-R1
Redraft Further EHS 655.1
Co-Pay Assistance
Mr. Richard T. Moore moved that the amendment be amended in subsection (b) of proposed section 90C by adding the following paragraph:-
"(3) If a discount, rebate, product voucher or other reduction in an individual’s out-of-pocket expenses is applied to a consumer’s prescription, the discount, rebate, product voucher or other cost reduction shall be made available for all renewals thereof. Any consumer alleging a violation of this clause shall contact the department of public health or the office of consumer affairs and business regulation to report the violation. If a violation of this clause is found to have occurred, the pharmaceutical manufacturer or any intermediary which interfered with the availability of the discount, rebate, product voucher or other cost reduction shall make the discount, rebate, product voucher or other cost reduction available to the consumer for the life of the prescription and pay a fine of not more than $1,000 to the department of public health.".
Budget Amendment ID: FY2013-S4-657
EHS 657
Adult Mental Health Services
Messrs. Keenan, Donnelly, Joyce, Eldridge and Brownsberger moved that the proposed new text be amended in section 2, in item 5046-0000, by striking out the figure "$342,427,150" and inserting in place thereof the following figure:- "$343,168,578".
Budget Amendment ID: FY2013-S4-658
EHS 658
MassHealth Outpatient Reimbursement Limitations
Ms. Fargo moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the word "requirements;" the following :-
"provided further, that the executive office shall not modify its outpatient reimbursement limitations for outpatient hospital care that is followed by an inpatient hospital stay;”
Budget Amendment ID: FY2013-S4-659
EHS 659
Child and Adolescent Mental Health Services
Messrs. Keenan, Donnelly, Joyce, Eldridge and Brownsberger moved that the proposed new text be amended in section 2, in item 5042-5000, by striking out the figures "$76,816,757" and inserting in place thereof the figures:- "$77,878,882".
Budget Amendment ID: FY2013-S4-660
EHS 660
Emergency Psychiatric Care (EPC) Plan
Messrs. Keenan and Eldridge moved that the proposed new text be amended by inserting after Section ____, the following new Section:-
"Section ____. Notwithstanding any general or special law to the contrary, any person admitted to a hospital emergency room in the Commonwealth for the treatment of mental illness or substance abuse and a determination has been made that an inpatient admission is required either by an ESP team, psychiatrist or the Emergency Department physician, the person’s insurance and any entity with whom they contract to manage behavioral health benefits, including the Medicaid managed care organizations and any entity with whom they contract to manage behavioral health benefits for MassHealth members, shall be required to participate in the location of an appropriate bed within 24 hours after the determination has been made. If an appropriate bed is not located within 24 hours, the inpatient psychiatric per diem rate shall be paid to the emergency department upon billing until an appropriate bed is located; provided further, that while the patient is boarded in the emergency department, psychiatric care by licensed mental health professionals shall commence and said licensed mental health professional shall be compensated for such services under appropriate billing codes; provided further that ESP teams shall be compensated for every follow-up encounter with patients awaiting inpatient admission after more than 24 hours in an Emergency Department.
Budget Amendment ID: FY2013-S4-662
EHS 662
Clubhouses
Messrs. Keenan and Eldridge and Ms. Creem and Messrs. Rush and Brownsberger and Ms. Donoghue and Messrs. Berry, Joyce, Michael O. Moore, Wolf and Knapik moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting after "mental health and support services" the following:-
"provided, that the department shall allocate $1,500,000 for Clubhouses above Fiscal Year 2012 expenditures for Clubhouses”;
and in said item by striking out the figures “$342,427,150" and inserting in place thereof the figures “$343,927,150"
Budget Amendment ID: FY2013-S4-663-R1
Redraft EHS 663
Plymouth County Children's Advocacy Center
Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4800-0038, in section 2, in item 4800-0038, by inserting after the word “poverty”, in line 18, the following words:- “; provided further, that funds shall be expended for the Plymouth County Children’s Advocacy Center, the Children’s Advocacy Center of Bristol County and Children’s Cove Cape and Islands Child Advocacy Center”.
Budget Amendment ID: FY2013-S4-664
EHS 664
State Laboratory Services
Messrs. Donnelly and Brownsberger and Ms. Chang-Diaz and Mr. DiDomenico and Ms. Fargo and Ms. Clark and Michael O. Moore and Ms. Candaras and Messrs. Welch and Joyce moved that the proposed new text be amended in section 2, in item 4516-1000, by striking the figure "$11,953,520" and inserting in place thereof the following new figure:- $12,953,520.
Budget Amendment ID: FY2013-S4-665
EHS 665
Integrated Substance Abuse Treatment Services
Mr. Keenan and Ms. Chang-Diaz and Messrs. Joyce, Brownsberger and Eldridge moved that the proposed new text be amended in section 2, in item 4512-0200, by adding after the word "clients" the following words:- "; and provided further, that $300,000 shall be expended for integrated treatment and stabilization services for individuals and families living with co-occuring substance use and mental health disorders."; and in said item by striking out the figures "$76,539,595" and inserting in place thereof the following figures:- "$76,839,595".
Budget Amendment ID: FY2013-S4-666
EHS 666
Juvenile Court Clinics Forensic Services
Mr. Keenan and Ms. Spilka and Messrs. Brownsberger and Rodrigues and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 5055-0000, by striking out the figure “$8,634,856” and inserting in place thereof the following figure:- "$9,153,872".
Budget Amendment ID: FY2013-S4-667
EHS 667
High Acuity Pediatric Care in the MassHealth Program
Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4000-0300, Mr. Kennedy moved that the bill be amended, in Section 2, in item 4000-0300, by adding the following words:—
“; and provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient services at acute care pediatric hospitals as defined in section 1 of chapter 118G of the General Laws, the executive office shall make a supplemental payment, if necessary, sufficient to assure that inpatient SPAD and outlier payments for discharges with a case mix acuity equal to or greater than 5 shall be at least equal to 85 per cent of the expenses incurred in providing services to those children.”.
Budget Amendment ID: FY2013-S4-668
EHS 668
Prevention of Emergency Room Visits and Deaths Due to Poisonings
Mr. Keenan and Ms. Fargo moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting the following:- “provider further, that the Department shall allocate no less than $400,000 for the Regional Center for Poison Control and Prevention in Fiscal Year 13 than it did in Fiscal Year 2012;”
and by striking the figure "$17, 191,867" and replacing it with the following figure:-"$17,591,867".
Budget Amendment ID: FY2013-S4-669
EHS 669
Suicide Prevention
Mr. Keenan moved that the proposed new text be amended in section 2, in item 4513-1026, by striking out the figures "$3,591,590" and inserting in place thereof the following figures:- "$3,832,926".
Budget Amendment ID: FY2013-S4-670
EHS 670
Interagency Council on Housing and Homelessness
Messrs. Kennedy, Rosenberg, Ross, Eldridge and Downing moved that the proposed new text be amended in section 2, in item XXXX-XXXX, Mr. Kennedy moved that the bill be amended in section 2, by inserting after item 7004-0108, the following line item:-
"7004-0109 For the Interagency Council on Housing and Homelessness......$1,000,000".
Budget Amendment ID: FY2013-S4-671
EHS 671
Compulsive Gambling Treatment
Mr. Keenan moved that the proposed new text be amended in section 2, in item 4512-0225, by striking out the figure "$1,000,000" and inserting in place thereof the following figure:- "$1,500,000”
Budget Amendment ID: FY2013-S4-672
EHS 672
Aspergers Coaching
Mr. Keenan and Ms. Creem and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 5920-2025, by inserting after the words "for adults”, the following words:- "; provided further, that not less than $50,000 shall be expended for the LifeMAP program run by the Asperger’s Association of New England to be used exclusively for support of low-income adults age 18 and older, not eligible for DDS services, diagnosed with Autism Spectrum Disorder, to provide one-on–one individualized coaching support in the area of employment and independent living.” and in said item by striking out the figures "133,957,044" and inserting in place thereof the figures "134,007,044".
Budget Amendment ID: FY2013-S4-673
EHS 673
Autism Spectrum Disorder & co-existing mental health conditions
Messrs. Keenan, Brownsberger and DiDomenico moved that the proposed new text be amended in section 2, in item 5046-0000, by adding after the words “February 8.2013” the following words:- “and provided further that the Department shall in determining eligibility of services in pursuant to line item, 5046-0000,5046-2000, line item 5046-4000, line item 5047-0001, line item 5095-0015 will not exclude individuals with an Autism Spectrum Disorder (ASD) diagnosis from receiving services for co-existing mental health conditions. ”
Budget Amendment ID: FY2013-S4-674
EHS 674
Child Care Resources and Referral
Messrs. Keenan and Welch moved that the proposed new text be amended in section 2, in item 3000-2000, by adding at the end thereof the following:-
"provided further that the child care resource and referral contracts funded by this line item in FY 12 be awarded to the same agencies and at the FY 12 level through June 30, 2013; and in said item, by striking out the figure:- “$5,433,862” and inserting in place thereof the figure:- “$5,933,862”.
Budget Amendment ID: FY2013-S4-675
EHS 675
Functional Test for Eligibility
Messrs. Keenan and Brownsberger moved that the proposed new text be amended in section 2, in item 5911-1003, by adding after the words “distribution of educational materials” the following words:- “and provided further that the Department shall in determining eligibility of services in pursuant to line item, 5911-2000, line item 5920-2000, line item 5920-2010, line item 5920-2025 line item 5920-3000, line item 5920-3010, line item 5920-5000 and line item 5930-1000, utilize a functional measure only, using the Vineland Assessment Scale or other similar measurement tool. Functional criteria are the personal and social skills needed for self-sufficiency, such as communication, daily living skills, socialization, executive function (organizational skills), and mal-adaptive behaviors.”
Budget Amendment ID: FY2013-S4-676
EHS 676
Hospice Services
Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4000-0870, Mr. Kennedy moved that the bill be amended, in section 2, in item 4000-0870, by striking out the figure "$178,759,689" and inserting in place thereof the following figure:-
"$179,909,689".
Budget Amendment ID: FY2013-S4-677
EHS 677
Statewide Quality Advisory Committee
Mr. Keenan moved that the proposed new text be amended by inserting the following new section:
SECTION XX: Section 54 of Chapter 288 of the Acts of 2010 is hereby amended by striking the second paragraph in its entirety and inserting in its place thereof the following:-
“The department of public health shall convene a statewide advisory committee which shall recommend to the department by November 1, 2010 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.”
Budget Amendment ID: FY2013-S4-678
EHS 678
Substance Abuse Services
Mr. Keenan and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4512-0200, by striking out the figure "$76,539,595" and inserting in place thereof the following figure:- "$77,539,595”
Budget Amendment ID: FY2013-S4-679
EHS 679
MassHealth/HSN Claims Migration Administrative Simplification
Ms. Fargo moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the word “requirements;” the following:
“provided further, that prior to migrating the claims operations system from the Health Safety Net to NewMMIS, the executive office shall ensure the system meets federal HIPAA compliance as well limits the submission of duplicate claims that MMIS is otherwise able to process."
Budget Amendment ID: FY2013-S4-680
EHS 680
Elder Protective Services
Ms. Clark and Messrs. Brownsberger, Rodrigues and Eldridge and Ms. Jehlen and Messrs. Joyce, DiDomenico, Finegold and Michael O. Moore and Ms. Donoghue and Messrs. Knapik and Montigny and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 9110-1636, by striking out the figure “$16,628,729” and inserting in place thereof the following figure:- “$17,250,554”.
Budget Amendment ID: FY2013-S4-682
EHS 682
Pediatric Home Care
Messrs. Kennedy and Donnelly moved that the proposed new text be amended in section 2, in item 4000-0500, Mr. Kennedy moved that the bill be amended, in Section 2, in item 4000-0500, by adding the following words:-
“; and provided further, that for purposes of providing convenient, efficient, and cost-effective health services to children in the home setting, the division of health care finance & policy shall amend the formula used to determine continuous skilled nursing care rates for single and multi-patient home health service pursuant to chapter 118G of the General Laws by attributing no less than 30 percent of the rate to the indirect cost component used to determine payment to agencies; and no more than 10 percent of the rate to the indirect cost component used to determine payment to an individual practitioner.”.
Budget Amendment ID: FY2013-S4-683
EHS 683
MassHealth-Nursing Facilities
Messrs. Kennedy, Downing and Moore moved that the proposed new text be amended Mr. Kennedy moved that the bill be amended by inserting, after section ___, the following new section___:-
"Section___: Notwithstanding any general or special law to the contrary MassHealth, also known as the division of medical assistance, shall not deny payment, or take any action to recoup any payments, for room and board made to a hospice with respect to an individual who resides in a nursing facility, is eligible for or receiving medical assistance for services in such facility under Chapter 118E of the General Laws, and has elected, under 42 U.S.C. 1395d(d) or under said General Law, to receive hospice care.".
Budget Amendment ID: FY2013-S4-684
EHS 684
Emergency scheduling powers
Mr. Keenan moved that the proposed new text be amended by adding a new section:
SECTION XX: Section 2 of Chapter 94C of the General Laws is hereby amended by adding the following subsection:
(e) (1) If the Commissioner finds that the scheduling of a drug or substance on a temporary basis is necessary to avoid an imminent hazard to the public safety and is necessary for the preservation of the public health, safety or general welfare, the Commissioner may, by order and without regard to the requirements of this section, schedule such substance in schedule I if the substance is not listed in any other schedule in section 3 of this chapter or if no exception is in effect for the substance under section 4 of this chapter.
(2) When issuing an order under paragraph (1), the Commissioner shall be required to consider, with respect to the finding of an imminent hazard to the public safety, those factors set forth in subsection (b) of this section and, relative to each drug or substance, its actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution.
(3) An order issued under paragraph (1) shall be considered an emergency regulation and subject to the provisions of section 3 of chapter thirty A and shall remain in effect in accordance with the provisions of said section.
(4) An order issued under paragraph (1) is not subject to judicial review.
(5) Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the Chairs of the Joint Committee on Public Health.
(6) Upon issuing an order under paragraph (1), the Commissioner shall forward a copy of said order to the United States Attorney General for purposes of requesting that the Attorney General temporarily schedule, in accordance with the provisions of the Title 21 United States Code Controlled Substances Act, and or 21 USC 811(h), the drug or substance which is the subject of the Commissioner’s order .
Budget Amendment ID: FY2013-S4-685
EHS 685
MassHealth- Hospice Services 2
Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4000-1405, Mr. Kennedy moved that the bill be amended, in section 2, in item 4000-1405, by striking out the figure "$504,848,457" and inserting in place the following figure:-
"$505,998,457".
Budget Amendment ID: FY2013-S4-686
EHS 686
MassHealth Infrastructure Capacity Building Grants
Ms. Clark moved that the proposed new text be amended in section 2, in item 4000-0500, by striking out the figure "$4,158,475,376" and inserting in place thereof the following figure:- "4,164,475,376".
Budget Amendment ID: FY2013-S4-687
EHS 687
Disparities in Health Care Coverage
Ms. Creem moved that the proposed new text be amended [Amendment Text]
by inserting, after Section 133, the following section:-
“SECTION 133A. The Division of Health Care Finance and Policy, in conjunction with the Division of Insurance, is hereby directed and authorized to conduct a comprehensive study to investigate disparities in the provision of health care coverage to individuals and/or their spouses when there is a change in marital status. Said study shall include, but not be limited to, the identification and review of disparities in both insured and self-insured plans, as well as recommendations for alleviating disparities. The Division shall file a report of its study, including recommendations and drafts of any legislation, if necessary, with the clerks of the Senate and House of Representatives within one year of the effective date of this act.”
Budget Amendment ID: FY2013-S4-688
EHS 688
Wellness Programs for Small Businesses
Messrs. Richard T. Moore and Joyce moved that the proposed new text be amended by inserting at the end thereof the following new section:-
SECTION __. Chapter 176Q of the General Laws is hereby amended by striking out section 7A and inserting in place thereof the following section:-
Section 7A. (a) There shall be a small group wellness incentive pilot program to expand the prevalence of employee wellness initiatives by small businesses. The program shall be administered by the board of the connector, in consultation with the department of public health. The program shall provide subsidies and technical assistance for eligible small groups to implement evidence-based employee health and wellness programs to improve employee health, decrease employer health costs and increase productivity.
(b) An eligible small group shall be qualified to participate in the program if:
(1) the eligible small group purchases group coverage through the connector;
(2) the eligible small group enrolls in an evidence-based, employee wellness program offered through the connector;
(3) the eligible small group meets certain minimum criteria, as determined by the connector board; and
(4) the eligible small group meets certain minimum employee participation requirements in the qualified wellness program, as determined by the connector board, in collaboration with the department of public health.
(c) For eligible small groups participating in the program, the connector shall provide an annual subsidy not to exceed 15 per cent of eligible employer health care costs as calculated by the connector board. If the director determines that funds are insufficient to meet the projected costs of enrolling new eligible employers, the director shall impose a cap on enrollment in the program.
(d) The connector shall report annually to the joint committee on community development and small business, the joint committee on health care financing and the house and senate committees on ways and means on the enrollment in the small business wellness incentive program and evaluate the impact of the program on expanding wellness initiatives for small groups.
(e) The connector shall promulgate regulations to implement this section.
Budget Amendment ID: FY2013-S4-689
EHS 689
Competitive Procurements
Messrs. Richard T. Moore and Joyce moved that the proposed new text be amended by inserting at the end thereof the following:-
SECTION __. Subsection (m) of section 3 of chapter 176Q of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 84 and 85, the words “the board deems necessary to implement chapters 111M, 118G and 118H” and inserting in place thereof the following words:- , departments, commissions, authorities or political subdivisions the board considers necessary or appropriate to implement chapters 111M, 118E, 118G , 118H and this chapter.
SECTION __. Said section 3 of said chapter 176 Q, as so appearing, is hereby further amended by adding the following subsection:-
(u) to enter into contracts or agreements, at the board’s discretion, with state departments, agencies, commissions, authorities, political subdivisions or any individuals, groups, non-profit or not-for-profit corporations, organizations or associations that are seeking affordable health insurance; provided further, that the connector shall serve as an agent or advisor to assist with or procure health insurance for said entities or persons. The board shall give preference to assisting non-profit or not-for-profit corporations or individuals, groups, organizations or associations seeking the connector’s assistance for populations that have been historically uninsured or underinsured.
Budget Amendment ID: FY2013-S4-690-R1
Redraft EHS 690
Childhood Vaccine
Mr. Moore moved that the proposed new text be amended in Section 85 in section 4 of proposed chapter 118I of the General Laws by adding the following 2 sentences:-
“Notwithstanding the foregoing, the commissioner of the division of health care finance and policy shall not increase the total amount of the surcharge more than 4 per cent over the previous fiscal year unless the commissioner of health care finance and policy, in consultation with the commissioner of public health, issues a detailed report to the legislature explaining the need for such increase; provided, however, that in fiscal year 2014, the commissioner of health care finance and policy shall not increase the total amount of the surcharge more than 7 per cent over the line-item appropriation in 4580-1000 in the fiscal year 2013 general appropriations act, plus any supplemental fiscal year 2013 funding to the line-item appropriation in 4580-1000 unless the commissioner of health care finance and policy, in consultation with the commissioner of public health, issues a detailed report to the legislature explaining the need for such increase; and provided further, that in state fiscal year 2015, the commissioner of health care finance and policy shall not increase the total amount of the surcharge more than 7 per cent over the fiscal year 2014 surcharge amount unless the commissioner of health care finance and policy, in consultation with the commissioner of public health, issues a detailed report to the legislature explaining the need for such increase. If the reason for such increase is due to the purchase of new vaccines, as recommended by the advisory council, said report shall include an analysis of cost savings generated by use of the state vaccine purchasing discount.”.
Budget Amendment ID: FY2013-S4-691
EHS 691
Childhood Vaccine Co-pay
Messrs. Richard T. Moore and Donnelly and Ms. Jehlen and Mr. DiDomenico and Ms. Candaras and Messrs. Michael O. Moore and Joyce moved that the proposed new text be amended in section 85, in proposed chapter 118I, by adding the following new section:
Section 6. Every health insurer, as defined in section one, to the extent not preempted by federal law, shall provide benefits for (1) routine childhood immunizations for Massachusetts residents and (2) immunizations for Massachusetts residents who are 19 years of age and over according to the most recent schedules recommended by the Advisory Committee on Immunization Practices of the U.S. Department of Health and Human Services. These benefits shall be exempt from any copayment, coinsurance, deductible, or dollar limit provisions in the health insurance policy or contract.
Budget Amendment ID: FY2013-S4-692-R1
Redraft EHS 692
Telehealth
Messrs. Richard T. Moore, Montigny, Michael O. Moore and Donnelly moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end thereof, the following:-"; provided further, that for purposes of long-term health care cost savings and enhanced patient care, the Commonwealth shall recognize telehealth remote patient monitoring provided by home health agencies as a service to clients otherwise reimbursable through Medicaid, provided that the funds authorized herein shall be short term reimbursement made through MassHealth."
Budget Amendment ID: FY2013-S4-693
EHS 693
Tobacco Cessation
Messrs. Richard T. Moore, Michael O. Moore and Brownsberger moved that the proposed new text be amended by inserting at the end thereof the following new sections:-
SECTION __. Chapter 32A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 17I the following section:--
Section 17J. The commission may provide to any active or retired employee of the commonwealth who is insured under the group insurance commission a smoking and tobacco use cessation treatment benefit. Smoking and tobacco use cessation treatment and information benefits shall include nicotine replacement therapy, other evidence-based pharmacologic aids to quitting smoking, and accompanying counseling by a physician, certified tobacco use cessation counselor, or other qualified clinician.
SECTION __. Section 2 of chapter 118H of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The commonwealth care health insurance program shall provide, as a benefit to participants in the program, coverage for the cost of smoking and tobacco use cessation treatment and information. Smoking and tobacco use cessation and information shall include nicotine replacement therapy, other evidence-based pharmacological aids to quitting smoking, and accompanying counseling by a physician, certified tobacco use cessation counselor or other qualified clinician.
Budget Amendment ID: FY2013-S4-694
EHS 694
Prescription drug adverse effect reporting
Mr. Keenan moved that the proposed new text be amended by adding a new section:
"SECTION XX:
Section 1:The state Medical Examiner shall file an adverse effect report with the United States Food and Drug Administration any time the determined cause of death of an individual was due fully or in part to the ingestion of a Schedule II through VI controlled substance accoridng to regulatiosn promulgated by the Department of Public Health.