Amendment #739 to H3400

Comprehensive DDS Study

Representatives Beaton of Shrewsbury, O'Connell of Taunton, Ferguson of Holden, Fresolo of Worcester and Garlick of Needham move to amend the bill in section 2, in item 5930-1000, by adding the following: "; and provided further, that not less than $100,000 shall be expended to fund a study of the intellectual disability services provided by all public and private facilities overseen by the department pursuant to chapter 19B of the General Laws”;

and by adding the following section:

SECTION XXXX. There is hereby established an advisory committee to arrange for and evaluate a study of the intellectual disability services provided by all public and private facilities overseen by the department of developmental services pursuant to chapter 19B of the General Laws. The advisory committee shall consist of 21 members: 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; 1 member of the minority party to be appointed by the minority leader of the house of representatives, 1 member of the minority party to be appointed by the minority leader of the senate; the secretary of health and human services, the commissioner of the department of developmental services, the commissioner of public health, the commissioner of insurance, and the director of Medicaid, or their designees; and 1 representative from each of the following organizations: the Massachusetts College of Emergency Physicians, the Massachusetts Hospital Association, the Massachusetts League of Community Health Centers, the Massachusetts Medical Society, the Massachusetts Nurses Association, the Service Employees International Union, Advocacy Network, Inc., the Massachusetts Association of Health Plans, Health Law Advocates, and the Massachusetts Coalition of Families and Advocates. The advisory committee shall be co-chaired by 1 advisory committee senate member designated by the senate president and 1 advisory committee house member designated by the speaker of the house of representatives.

Subject to appropriation under item 5930-1000 and upon the appointment of the co-chairs, the advisory committee shall convene upon the call of the co-chairs to commission an independent consultant to analyze the intellectual disability services provided by all public and private facilities overseen by the department of developmental services pursuant to chapter 19B of the General Laws.  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 intellectual disability services, including community based supports; (b) the inpatient capacity of acute and continuing care beds at public and private facilities, including overall bed availability, average length of stay and geographic location; (c) the connection between public and private intellectual disability services; (d) the payment and reimbursement of intellectual disability services; (e) the implementation of state and federal parity laws; (f) the prior authorization and adverse determination requirements related to the coverage of intellectual disability services; (g) the boarding of intellectual disability services patients in hospital emergency departments; and (h) the use of direct admissions to inpatient  intellectual disability services from a community-based setting. The advisory committee shall also review and make recommendations to the independent consultant on the preliminary findings of the consultant’s analysis and the implementation of the final results of the consultant’s analysis.

The consultant shall provide to the general court an initial report, which shall include, but not be limited to: (i) an assessment of the state’s inpatient services provided through the department of developmental services; (ii) an estimate of the appropriate number of inpatient  beds given the current number of community placements; and (iii) the anticipated impact of the closure of the Irving A. Glavin Regional Center on the intellectual disability services needs of the central region of the commonwealth, by filing the same with the clerk of the senate and the clerk of the house of representatives on or before December 28, 2013. Until this initial report is provided, the department of developmental services shall not reduce the number of inpatient beds at the Irving A. Glavin Regional Center. The independent consultant shall report to the general court the preliminary findings of the consultant’s analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before April 30, 2014. The independent consultant shall report to the general court the final results of the consultant’s analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before November 15, 2014. The advisory committee shall file its recommendations, if any, based on the final results of the independent consultant’s analysis, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and the clerk of the senate on or before December 31, 2014.