Budget Amendment ID: FY2014-S3-513

EHS 513

Board of Registration in Pharmacy

Messrs. Keenan, Montigny, Michael O. Moore and Rosenberg moved that the proposed new text be amended in section 2, in item 4510-0722, By striking out the figure “$227,065” and inserting in place thereof the following figure:- “$827,605”


Budget Amendment ID: FY2014-S3-514

EHS 514

Environmental Health

Mr. Keenan and Ms. Chang-Diaz and Messrs. Rodrigues, Brownsberger, Wolf, Barrett, McGee, Michael O. Moore and Rosenberg moved that the proposed new text be amended in section 2, in item 4510-0600, by striking out the figure “$3,443,439” and inserting in place thereof the following figure:-  “$4,391,414”


Budget Amendment ID: FY2014-S3-515

EHS 515

Health Care Quality

Mr. Keenan and Ms. Chang-Diaz and Messrs. Rodrigues and Brownsberger and Ms. Jehlen and Messrs. Wolf, Michael O. Moore and Rosenberg moved that the proposed new text be amended in section 2, in item 4510-0710, by striking out the figure “$6,526,782” and inserting in place thereof the following figure:-  “$7,826,326”


Budget Amendment ID: FY2014-S3-516

EHS 516

Partnership for Healthy Pathways

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the words  “supervised visitation programs” the following:-  “provided further, that not less than $570,000 shall be expended for the Partnership for Healthy Pathways (PHP) project;"


Budget Amendment ID: FY2014-S3-517

EHS 517

Certificate of Need for Home Health Services

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0600, by inserting the following:-

“; provided further, that in order to be eligible to be eligible to apply for Medicare certification and to bill MassHealth for home health services, any new applicant seeking to provide home health services must submit to a Certificate of Need (CON) review established by the Massachusetts Department of Public Health and assessed by an independent board appointed by the Governor, General Court, the Secretary of Health and Human Services, and the Home Care Alliance of Massachusetts. To obtain a CON, an application must be filed with said independent board in which the applicant demonstrates the need for or prove the cost efficiency of a new agency. The applicant must present to the department and board both evidence of unmet need and how the proposed agency would fit into the comprehensive health care delivery system of the service area. This application requirement shall not apply to Medicare-certified home health agencies providing care as of July 1, 2013.”


Budget Amendment ID: FY2014-S3-518

EHS 518

Wilmington Childhood Cancer Peer Review

Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0600, by inserting at the end thereof the following:-

 

“and provided further, that the department shall submit a comprehensive study of the exposure routes and patterns of contaminants in the Maple Meadowbrook Aquifer migrating to and affecting the Wilmington drinking water supply and any connection with the incidence of childhood cancer in the town of Wilmington to peer review on or before January 31, 2014.”


Budget Amendment ID: FY2014-S3-519

EHS 519

Dockside Testing Trust Fund

Mr. Tarr moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

Section 2 of chapter 29 of the General Laws is hereby amended by adding the following new section:-

 

Section _____. There shall be established upon the books of the commonwealth a separate fund to be known as the Dockside Testing Trust Fund to be expended, without prior appropriation, by the department of public health.  The fund shall consist of fees collected from harvesters of molluscan shellfish on Georges Bank, in waters that are not monitored for the presence of paralytic shellfish toxin, in the amount of thirty-five thousand dollars per vessel that harvests in said waters.  The commissioner shall make necessary expenditures from this account for the administrative costs of the operations and programs of the department related to regulating and monitoring the shellfish harvesters, including the testing of the shellfish as necessary to ensure that they are safe for human consumption.  The department may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit at the close of a fiscal year. Moneys deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund.  The department shall use amounts in said fund for the aforesaid purposes and for no other.


Budget Amendment ID: FY2014-S3-520

EHS 520

Affordable Care Act Cost Compliance

Messrs. Tarr, Knapik and Ross 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, the executive office of health and human services, in collaboration with the commonwealth health insurance connector and the center for health information and analysis, shall, in increments of time not greater than six months, and for a period of not less than three years following the passage of this act, develop analyses of the cost impacts to the citizens, policyholders, employers, patients and state and municipal governments of the commonwealth of compliance with the federal Affordable Care Act. Such analyses shall include but not be limited to such factors as insurance premiums, copayments and deductibles, and the costs associated with compliance and reporting.

Such analyses shall be reported, together with any recommendations to reduce, mitigate or eliminate such cost impacts, with the clerks of the house and senate and the joint committee on health care financing, and shall be made available to the general public by electronic posting so as to provide convenient and searchable access to such analyses.


Budget Amendment ID: FY2014-S3-521

EHS 521

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 adding at the end thereof the following:  “; provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient and outpatient services at acute care pediatric hospitals and pediatric specialty units as defined in section 8A of Chapter 118E of the General Laws, the executive office shall provide additional reimbursement to the pediatric acute hospital in the Commonwealth, above the base rates, to compensate for high-complexity pediatric care in an amount no less than $11,800,000 and to the pediatric specialty unit in the Commonwealth in an amount no less than $3,000,000”; and in said item, by striking out the figures “$88,247,730 and inserting in place thereof the figures “$103,047,730”


Budget Amendment ID: FY2014-S3-522

EHS 522

Compulsive Behavior Treatment Program Retained Revenue

Messrs. Petruccelli, Brownsberger, Finegold and McGee moved that the proposed new text be amended in section 2, in item 4512-0225, by striking out the figure “1,270,000”  and inserting in place thereof the following figure:- “1,830,000”. 


Budget Amendment ID: FY2014-S3-523

EHS 523

Self Esteem Substance Abuse Training

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following: “provided that not less than $100,000 shall be expended for Self Esteem Boston’s substance abuse direct service and provider training programs”; and in said item, by striking out the figures “$2,000,000” and inserting in place thereof the figures “$2,100,000”


Budget Amendment ID: FY2014-S3-524

EHS 524

Senior Care Option

Mr. Petruccelli moved that the proposed new text be amended by inserting, after Section 145, the following new section:- "Section XX.  Subsection (e) of section 9D of Chapter 118E of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting the following paragraph:-

(6) The executive office shall direct MassHealth to provide each beneficiary age 65 and over with an annual notice of the options for enrolling in voluntary programs including Program of All Inclusive Care for the Elderly (PACE) plans, SCO plans, Frail Elder Home and Community Based Waiver Program or anyother voluntary elected benefit to which they are entitled to supplement or replace their MassHealth benefits.  Provided that MassHealth receives approval from the Centers for Medicare and Medicaid Services, MassHealth shall arrange that such annual notice include the names and contact information for the program providers, general contract information for MassHealth and general description of the benefits of joining particular programs in clear and simple language in method to request for the same information in a language other than English.  Such notice shall include a method for the beneficiary to indicate interest in receiving additional information or any programs identified as of interest to them.  A draft of the proposed language and format for providing information to beneficiaries will be circulated to the providers contracted to provide each of these programs for review and comment prior to finalization.  In addition the division will work with the program providers and other appropriate stakeholders to assess whether and to what extent barriers to program enrollment shall be alleviated through modifications to the program and or the enrollment process.”


Budget Amendment ID: FY2014-S3-525

EHS 525

Aversive Therapy Regulation Codification

Messrs. Joyce and Eldridge and Ms. Jehlen moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __. 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: FY2014-S3-526

EHS 526

Regulating Treatment of Disabled Persons

Mr. Joyce and Ms. Jehlen moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __.  Chapter 19B of the General Laws is hereby amended by adding the following section:-

 

Section 19. (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: FY2014-S3-529

EHS 529

Aid to Children with Inherited Disorders

Messrs. Joyce and Tarr moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting the following:- “; 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: FY2014-S3-531

EHS 531

Clinician's Salary Reserve

Mr. Michael O. Moore and Ms. Clark moved that the proposed new text be amended in section 2, by inserting after item 1599-4444 the following item:--

1599-6000. For a reserve to adjust the reimbursement rates for outpatient behavioral health services paid to providers that deliver outpatient behavioral health services reimbursed by Medicaid, or by a health maintenance organization under contract with the Division of Medical Assistance to provide behavioral health insurance benefits, provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of funds from this item upon assurances that the funds shall be used solely for the purposes of equal percentage adjustments to wages, fees, compensation or salary for the masters and above level clinicians providing these services; provided further, that not later than January 15, 2014, the executive office of health and human services shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving the adjustment in fiscal year 2014 and the average percentage adjustment funded herein; provided further, that the report shall also include, for each contract scheduled to receive an allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that all increases provided from this salary reserve shall be above and beyond any previously negotiated or agreed upon increases; provided further, that the total fiscal year 2014 costs of salary adjustments and any other associated employee costs authorized hereunder shall not exceed $1,000,000 provided further, that the executive office of health and human services shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; and provided further, that the annualized cost of the adjustments in fiscal year 2014 shall not exceed the amount appropriated in this item..........................$1,000,000


Budget Amendment ID: FY2014-S3-532-R1

Redraft EHS 532

Substance Abuse Treatment Services

Messrs. Petruccelli and Downing moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following words:-

“; provided further, that programs in substantial regulatory and contractual compliance shall receive no less than the same level of funding in fiscal year 2014 as such programs received in fiscal year 2013; and provided further, that not less than $250,000 in additional funding shall be provided to the Gavin Foundation and Self-Esteem Boston over fiscal year 2013 expenditures”; and

by striking out the figure “$81,050,683” and inserting in place thereof the following figure:- “$81,300,683”.

 


Budget Amendment ID: FY2014-S3-533

EHS 533

Public Health Critical Operations and Essential Services

Messrs. Keenan, Donnelly and Eldridge and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4510-0100, by striking out the figure “$18,171,603” and inserting in place thereof the following figure:-“$18,756,507”


Budget Amendment ID: FY2014-S3-534-R1

Redraft EHS 534

TOBACCO PRODUCTS LABELING REQUIREMENT

Messrs. Tarr, DiDomenico, Knapik and Ross and Ms. Clark moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION__. Section 7 of chapter 270 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end the following new paragraph:-

The owner or other person in charge of a shop or other place used to sell any tobacco products at retail shall conspicuously post signage provided by the Department of Public Health that discloses current referral information about smoking cessation which may include but not be limited to the website of the Massachusetts Tobacco Cessation & Prevention Program (www.makesmokinghistory.org) and The Smokers Helpline at 1-800-Quit-Now (1-800-784-8669).”


Budget Amendment ID: FY2014-S3-536

EHS 536

Regulating Behavior Modification

Messrs. Joyce and Eldridge and Ms. Jehlen moved that the proposed new text be amended by inserting, after section __, the following new section:-

 

“SECTION __.  Chapter 19B of the General Laws is hereby amended by adding the following section:-

 

Section 19. The use of any aversive conditioning device used to administer an electrical shock or other noxious stimuli to a student to modify undesirable behavioral characteristics shall be limited to devices tested for safety and efficacy and approved for such use by the United States Food and Drug Administration where such approval is required by Federal regulation.”


Budget Amendment ID: FY2014-S3-537

EHS 537

Increase in Gold Star Annuity

Mr. Keenan moved that the proposed new text be amended in section 2, in item 1410-0400, by striking out the figure “$70,941,780“ and inserting in place thereof the following:- “$76,518,280”; and by adding at the end thereof the following section:-

 

“Chapter 115 Section 6B of the General laws is hereby amended by in lines 18, 26 and 33 by striking out the figures “$2,000” and inserting in place thereof the following figures “$2,500”.


Budget Amendment ID: FY2014-S3-538

EHS 538

Child Care Resources and Referral

Messrs. Keenan, Montigny, Wolf, Michael O. Moore and Brownsberger and Ms. Chang-Diaz and Mr. McGee moved that the proposed new text be amended in section 2, in item 3000-2000, by striking out the figure:- “$5,873,862” and inserting in place thereof the figure:- “$6,933,862


Budget Amendment ID: FY2014-S3-539-R1

Redraft EHS 539

Head Start

Messrs. Keenan, Wolf, Ross and McGee and Ms. Clark moved that the proposed new text be amended in section 2, in item 3000-5000, by striking out the figure "$8,000,000" and inserting in place thereof the following figure:- "$8,200,000”


Budget Amendment ID: FY2014-S3-540-R1

Redraft EHS 540

Mental Health Parity

Mr. Keenan and Ms. Clark and Ms. Lovely and Messrs. Eldridge, Donnelly and Tarr moved that the proposed new text be amended By inserting after Section ___ the following new section:

SECTION X. The Division of Insurance and the Office of Medicaid, pursuant to sections 254 and 265 of Chapter 224 of the Acts of 2012, shall implement regulations by October 1, 2013 that will include (1) a process for carriers and the Office of Medicaid’s programs to certify and specifically outline how their plans are compliant with the applicable federal and state mental health parity laws; (2) a requirement that carriers notify consumers of their rights under the applicable federal and state parity laws including their right to file a complaint/grievance with the state alleging noncompliance and the avenues to file such a complaint; and (3) details on how the Division of Insurance and the Office of Medicaid will review consumer complaints and grievances alleging carrier noncompliance with applicable federal and state mental health parity laws, including timelines.


Budget Amendment ID: FY2014-S3-542

EHS 542

PRESCRIPTION ADVANTAGE

Mr. Montigny moved that the proposed new text be amended in section 2, in item 9110-1455, in section 2, in line item 9110-1455, by striking the figure “$16,488,368” and inserting in place thereof the following:- $17,168,368


Budget Amendment ID: FY2014-S3-544

EHS 544

Homemaker Wage Increase

Ms. Jehlen and Messrs. Donnelly, Brownsberger and Barrett moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 9110-1633 the following item: "For an adjustment to increase the approved program rates issued under 114.4 CMR 17.03 to provide a rate add-on for wages, compensation and/or salary and associated employee-related costs to personnel providing homemaker and personal care homemaker services to elderly clients under items 9110-1500, 9110-1630, and 4000- 0600.  $2,000,000"


Budget Amendment ID: FY2014-S3-545

EHS 545

Prescription Advantage

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-1455, by striking the figure " $16,488,368" and inserting in place thereof the following figure " $16,808,368.”


Budget Amendment ID: FY2014-S3-546

EHS 546

MassHealth Operations

Ms. Jehlen and Messrs. Brownsberger and Eldridge moved that the proposed new text be amended in section 2, in item 4000-1602, by striking out the figure “$2,333,756” and inserting in place thereof the following figure: $3,386,727.


Budget Amendment ID: FY2014-S3-547

EHS 547

Elder Economic Security Commission

Ms. Jehlen and Ms. Spilka and Messrs. Joyce, Moore and DiDomenico moved that the proposed new text be amended by inserting the following new section:-

 

There shall be a special commission to make an investigation and study of elder economic security and to make recommendations to increase elder economic security where appropriate and necessary. The special commission shall consist of the house and senate chairs of the committee on elder affairs, or their designees, who shall serve as co-chairs; the secretary of elder affairs, or a designee; the undersecretary of the office of consumer affairs and business regulation, or a designee; the executive director of the Massachusetts Association of Home Care Programs, or a designee; the state director of AARP Massachusetts, or a designee; the executive director of the Massachusetts Association of Councils on Aging Inc., or a designee; the president of the Alzheimer’s Association, or a designee; the executive director of Massachusetts Senior Action Council, or a designee; the executive director of Mass. Association of Older Americans, or a designee; the director of the Gerontology Institute at UMass Boston, or a designee, a legal services attorney specializing in elder law, or a designee; and 4 members appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who specializes in the area of elder law, 1 of whom shall be an expert in geriatric mental health, 1 of whom shall be an expert in financial services, and 1 of whom shall be an expert in home care service delivery.

 

The commission shall examine strategies to increase elder economic security and enable older residents to remain in the Commonwealth and in their communities. The commission shall assess older adults’ current levels of economic security, identify the policy and program options now available to older adults, and consider best practices for enhancing elder economic security, including but not limited to, using measures such as the Massachusetts Elder Economic Security Standard. Finally, the commission will assess current state and local programming and related funding needed to increase economic security for the growing elder population.

 

The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums as it considers necessary.

 

The commission shall file its recommendations, together with recommendations for legislation, if any, with the clerks of the House of Representatives and Senate on or before June 30, 2014.

 


Budget Amendment ID: FY2014-S3-548

EHS 548

LGBT Aging Commission

Ms. Jehlen and Messrs. Brownsberger and Eldridge and Ms. Creem moved that the proposed new text be amended by inserting the following new section:-

 

There shall be a special commission to investigate, analyze and study the health, housing, financial, psycho-social and long-term care needs of older lesbian, gay, bisexual and transgender (LGBT) adults and their caregivers and to make recommendations to improve access to benefits and services where appropriate and necessary. The special commission shall consist of twenty members including the House and Senate chairs of the Joint Committee on Elder Affairs, or their designees, who shall serve as co-chairs; the secretary of elder affairs, or a designee; the secretary of housing and community development, or a designee; the commissioner of public health, or a designee; the director of the LGBT Aging Project, or a designee; the director of Fenway Health, or a designee; the executive director of GLAD, or a designee; a representative of the National Association of HIV Over Fifty; the executive director of MassEquality or a designee; the executive director of the Massachusetts Home Care Association, or a designee; the director of AARP Massachusetts, or a designee; the executive director of the Massachusetts Association of Councils on Aging Inc., or a designee; the director of the Massachusetts Nursing Home Federation, or a designee; the director of the Massachusetts Council of Home Care Aides, or a designee; and five members appointed by the governor, one of whom shall be a member of the Massachusetts bar who practices elder law; one of whom shall be an expert in LGBT public policy or research; and three LGBT elders, at least one of whom shall be transgender. The Governor’s appointees shall insure at least one representative is from Cape Cod, as well as the western and central portions of the state.

 

The commission shall also examine the impact of state policies and regulations on LGBT older adults and make recommendations to ensure equality of access, treatment, care and benefits. The commission shall examine strategies to increase provider awareness of the needs of LGBT older adults and their caregivers and to improve the competence of and access to treatment, services and on-going care, including preventive care. The commission shall assess the funding and programming needed to enhance services to the growing population of LGBT older adults and to examine best practices for increasing access, reducing isolation, preventing abuse and exploitation, promoting independence and self-determination, strengthening caregiving, eliminating disparities, and improving quality of life.

 

In particular, the commission shall examine the extent to which policies and practices, or the absence thereof, promote the premature admission of LGBT older adults to institutional care and to recommend, as appropriate and necessary, lower-cost and culturally appropriate home and community-based alternatives. The commission shall also examine the feasibility of developing statewide training curricula to improve provider competency in the delivery of health, housing and long-term support services to older LGBTs and their caregivers, as well as outreach protocols to reduce apprehension among LGBT elders and caregivers of mainstream providers. The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums as it considers necessary. The commission shall file its recommendations, together with recommendations for legislation, if any, with the clerks of the House of Representatives and Senate within 12 months of the first convening of the commission.


Budget Amendment ID: FY2014-S3-549

EHS 549

FRAUD NOTIFICATION

Messrs. Tarr, Michael O. Moore, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, after section__, the following new section:-

 

“SECTION__.  Section 5N of chapter 18 of the General Laws, as inserted by chapter 161 of the Acts of 2012, is hereby amended by adding the following sentence:-

The fraud hotline number and department website shall be prominently displayed on all newly issued electronic benefit transfer cards.”


Budget Amendment ID: FY2014-S3-550

EHS 550

Employment Services Program

Messrs. Donnelly and Wolf moved that the proposed new text be amended in section 2, in item 4401-1000, by striking the figure “$4,284,733” and replacing it with the following figure:- “$7,899,506”.


Budget Amendment ID: FY2014-S3-551

EHS 551

Hinton State Lab

Mr. Donnelly and Ms. Clark and Messrs. Keenan, Kennedy, Brownsberger and Wolf and Ms. Creem and Ms. Donoghue and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4516-1000, by striking the figure “$12,364,668” and replacing it with the following figure:- “$15,200,000”.


Budget Amendment ID: FY2014-S3-552

EHS 552

Addressing Inequities in MassHealth Readmission Penalties

Ms. Spilka moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following:-

 

“; provided further any financial penalty applied by the Executive Office of Health and Human Services related to hospital readmissions shall be assessed solely on the number of actual potentially preventable readmissions that exceed the number of expected potentially preventable readmissions as determined by the executive office using a statewide average and adjusting for individual hospital case-mix. Such financial penalty shall not exceed the product of the number of discharges exceeding the expected number of potentially preventable readmissions multiplied by no more than 75 percent of the hospital’s Medicaid reimbursement rate for inpatient services. For any hospital where the ratio of the number of actual potentially preventable readmissions compared to the number of expected potentially preventable readmissions is less than the ratio the executive office determined in the previous year, such financial penalty shall not exceed the product of the number of discharges exceeding the expected number of potentially preventable readmissions multiplied by no more than 37.5 percent of the hospital’s Medicaid reimbursement rate for inpatient services.”


Budget Amendment ID: FY2014-S3-553

EHS 553

Veterans Oral History Project

Ms. Spilka and Mr. Ross moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting at the end thereof the following:- “provided that, not less than $30,000 shall be expended for the Veteran's Oral History Project at the Morse Institute Library in Natick”;

 

And by striking out the figure “$2,275,992” and inserting in place thereof the following figure:- “2,305,992.”


Budget Amendment ID: FY2014-S3-554

EHS 554

Study of Emergency Room Co-Payments

Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following new section:-

“SECTION XX. There shall be a special commission to be referred to as the MassHealth Cost Control Commission to investigate the use of co-payments for MassHealth members with the goal of encouraging the most cost effective use of health care resource. The investigation shall include, but not be limited to, the study of savings that would result from charging a small co-payment for the use of emergency care in non-emergency situations, in order to discourage the inappropriate use of health care resources. Inappropriate use of health care resources may be defined as an instance in which an individual seeks care in an emergency room department but whose medical needs do not warrant in-patient medical care.

 

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

 

The MassHealth Cost Control Commission shall consist of 9 members. 1 member who shall be a representative of a major hospital within the commonwealth, appointed by the Governor; 1 member who shall be an advocate for MassHealth members, appointed by the director of Medicaid; 1 member who shall be an expert in national health care policy, appointed by the Governor; 1 member who shall be a representative of MassHealth, appointed by the director of Medicaid; 1 member who shall be a taxpayer’s advocate, appointed by the Governor; 1 member of the senate, appointed by the senate president; 1 member, appointed by the senate minority leader; 1 member of the house of representatives, appointed by the speaker of the house; and 1 member, appointed by the house minority leader.

 

The Commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and the senate within 90 days of the passage of this act.”


Budget Amendment ID: FY2014-S3-555

EHS 555

Advance Notice to the Legislature, TAFDC

Ms. Spilka and Mr. Tarr moved that the proposed new text be amended in section 2, in item 4403-2000, by striking the words “60 days ” and inserting in place thereof the following words:- “90 days”


Budget Amendment ID: FY2014-S3-556

EHS 556

EMPLOYER MEDICAL ASSISTANCE CONTRIBUTION

Mr. Tarr moved that the proposed new text be amended in Section 88 by striking paragraph (f) and inserting in place thereof the following:-

 

“(f) There shall be an employer medical assistance contribution rate review board composed of the: (i) director of the health safety net office or a designee; (ii) director of the department of unemployment assistance or a designee; (iii) executive director of the commonwealth health insurance connector authority or a designee; and (iv) the commissioner of insurance or a designee. The rate review board shall meet on or before November 30 of each year to review the costs paid by the commonwealth in the previous fiscal year to provide subsidized care to low-income residents of the commonwealth. The board shall file a report detailing its cost review determination with the general court and the division of insurance on or before December 31 of each year.  If the board determines that the costs to the commonwealth in providing subsidized care have increased from the previous fiscal year, the board shall confirm the projected cost increase with the division of insurance and submit any recommended increase to the employer medical assistance contribution with its annual report to the general court, a copy of which shall be submitted to the executive office for administration and finance, the clerks of the senate and house of representatives, the joint committee on labor and workforce development and the house and senate committees on ways and means.”


Budget Amendment ID: FY2014-S3-557

EHS 557

Illicit Product Awareness

Messrs. Tarr, Knapik and Ross moved that the proposed new text be amended by inserting after section _ the following section:-

 

SECTION _.  Subsection (D) of section 2 of chapter 18 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection:-

(e) providing a list of products and services of which or establishments at which purchases made with assistance from funds received under this chapter are prohibited.   Said list shall be provided to an eligible individual prior to said individual receiving benefits under this chapter, receipt of which shall be evidenced by a signature.


Budget Amendment ID: FY2014-S3-558

EHS 558

Patient-Centered Medical Homes

Mr. Ross moved that the proposed new text be amended by adding the following new section:-

 

SECTION XX. Section 268 of Chapter 224 of the acts of 2012 is hereby amended by inserting after the word “ACOs”, each time it appears in said section, the words:- “patient-centered medical homes”.


Budget Amendment ID: FY2014-S3-559

EHS 559

Local Hospital

Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the words “services and housing on the islands;” the following:-“provided further, that funds shall be provided in an amount not less than the total appropriated in item 1599-2009 in section 2 of chapter 182 of the acts of 2008;”


Budget Amendment ID: FY2014-S3-560

EHS 560

Nuclear Power Plant

Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4510-0615, by inserting after the words “nuclear power reactors;” the following:- “provided further, that in fiscal year 2014 an amount not less than in fiscal year 2013 shall be expended for the C-10 Research & Education Foundation of Newburyport for the purposes of providing radiological monitoring of the 6 Massachusetts communities within the plume exposure emergency planning zone of Seabrook Nuclear Power Plant.”


Budget Amendment ID: FY2014-S3-561-R1

Redraft EHS 561

Veterans Homeless Services

Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 1410-0250, by adding at the end thereof the following words:-“; provided, that the department shall increase the amount appropriated to each program or its successor under this item in section 2 of chapter 139 of the Acts of 2012 by no less than 5 per cent in fiscal year 2014;”


Budget Amendment ID: FY2014-S3-562-R1

Redraft EHS 562

Schedule V Medications

Mr. Michael O. Moore moved that the proposed new text be amended by inserting, after section ___, the following new section:-

“SECTION ____.  Subsection (c) of section 24A of chapter 94C of the General Laws, as amended by chapter 244 of the acts of 2012, is hereby amended by striking the words: “The department, in consultation with all relevant licensing authorities, shall promulgate regulations that require participants to utilize the prescription monitoring program prior to seeing a new patient, including circumstances where participants would not be required to utilize the prescription monitoring program prior to seeing a new patient; a requirement that pharmacists be trained in the use of the prescription monitoring program as part of the continuing education requirements mandated for licensure by the board of registration in pharmacy, under section 24A of chapter 112 and a requirement that allows authorized support staff to use the prescription monitoring program on behalf of a registered participant.” and inserting in place thereof the following:-

 

“The department shall promulgate rules and regulations relative to the use of the prescription monitoring program by registered participants that shall include requiring participants to utilize the prescription monitoring program prior to the issuance of a prescription for a narcotic drug contained in Schedule II or III to a patient for the first time. The department may require participants to utilize the prescription monitoring program prior to the issuance to a patient for the first time of benzodiazepines or any other schedule IV or V commonly abused prescription drug that may lead to physical or psychological dependence or that patients with a history of substance dependence have been shown to experience significant addictive symptoms. The regulations shall specify the circumstances under which such narcotics may be prescribed without first utilizing the prescription monitoring program. The regulations may also specify the circumstances under which support staff may use the prescription monitoring program on behalf of a registered participant. When promulgating the rules and regulations, the department shall also require that pharmacists be trained in the use of the prescription monitoring program as part of the continuing education requirements mandated for licensure by the board of registration in pharmacy, pursuant to section 24A of chapter 112 of the General Laws. The department shall also study the feasibility and value of expanding the prescription monitoring program to include Schedule VI prescription drugs.”


Budget Amendment ID: FY2014-S3-564

EHS 564

TAFDC Retrospective Budgeting Payments

Ms. Spilka and Mr. Wolf moved that the proposed new text be amended in section 2, in item 4403-2000, by inserting after the words “categorically and financially eligible for transitional aid to families with dependent children benefits;” the following new words:- “provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for the loss;”


Budget Amendment ID: FY2014-S3-565

EHS 565

Technical Correction to Chapter 244 of the Acts of 2012

Mr. Finegold and Ms. Flanagan moved that the proposed new text be amended by inserting, after section 71, the following new section:-

“SECTION XX. Section 18 of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph, as amended by section 4 of chapter 244 of the Acts of 2012, the following paragraph:-

Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in Schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that:

(1) the pharmacy is licensed for retail by the commonwealth, and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received, and the United States Drug Enforcement Administration as applicable, for the dispensing of controlled substances;

(2) the prescription is filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription’s origin requires such registration and licensing, and was written by a physician licensed to practice medicine and registered in the same state or a contiguous state to where the prescription is to be delivered, and registered under federal law to write prescriptions;

(3) the prescription is received by the retail pharmacy via mail or commercial carrier, or through an equivalent electronic means as may be permitted by federal law;

(4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic and valid, legitimate and legal in the state from which it is received, and shall verify the prescription by telephonic or other means. A pharmacist shall not fill a prescription for which verification cannot be obtained; any delivery of controlled substances to residents of another state is in full compliance with all laws and regulations of that state as pertaining to the issuance and filling of prescriptions;

(5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered, including but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state’s prescription monitoring program, or any program equivalent thereto, where applicable; and

(6) any substances delivered pursuant to this subsection are delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written, and may not within the territory of the Commonwealth enter into the hands of any person not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for this purpose.”


Budget Amendment ID: FY2014-S3-567

EHS 567

Jail Diversion Programs

Mr. Brownsberger and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting at the end thereof the following:- "and provided further, that funds shall be expended at the same level as the prior fiscal year for jail diversion programs in municipalities that provide equal matching funds from other public or private sources".


Budget Amendment ID: FY2014-S3-568

EHS 568

Patient-Centered Medical Homes

Messrs. Timilty and Ross moved that the proposed new text be amended by adding at the end thereof the following new section:-

 

"SECTION X.  Section 268 of Chapter 224 of the acts of 2012 is hereby amended by inserting after the word ‘ACOs’, each time it appears in said section, the words:- patient-centered medical homes."


Budget Amendment ID: FY2014-S3-569

EHS 569

Oral Health for Individuals with Disabilities

Ms. Chandler and Messrs. Eldridge and Joyce and Ms. Spilka moved that the proposed new text be amended by inserting after section ___, the following new section:-

“SECTION ___. The department of public health’s office of oral health and the center for health information and analysis shall submit a report no later than December 31, 2013 to the House and Senate chairs of the Joint Committee on Public Health, the House and Senate Chairs of the Joint Committee on Health Care Financing, the chair of the House Committee on Ways and Means, and the Senate Chair of the Committee on Ways and Means on the oral health care needs of residents of the Commonwealth living with disabilities. The report shall include, but need not be limited to, the following information: (i) barriers to accessing dental health care for persons living with disabilities; (ii) the capacity of the current dental health care system to address the oral health needs of persons living with disabilities, with a focus on the availability of specialized equipment, the extent of provider training to treat this population, and any geographic disparities that may exist; and (ii) a projection of what additional resources, if any, are needed to fully address this need.”


Budget Amendment ID: FY2014-S3-570

EHS 570

Payment reform technical correction

Mr. Welch moved that the proposed new text be amended by inserting, after section XX, the following new section:-

 

SECTION XX.  Chapter 224 of the Acts of 2012 is hereby amended in subsection (c)(1) of Section 241, by striking the word “reimbursements” and inserting in place thereof the following:- “gross patient service revenue”

 

and further amended by inserting after the words “Title XIX” the following:- “or Title XXI.”


Budget Amendment ID: FY2014-S3-571

EHS 571

Clarify generic drug availability in drug coupon law

Messrs. Welch and Rodrigues moved that the proposed new text be amended by inserting, after section XX, the following new section:-

 

SECTION XXX. Section 3(b)(2) of chapter 175H is hereby amended by inserting after the word “Administration” the following words:- “available in the market”


Budget Amendment ID: FY2014-S3-572

EHS 572

Disclosure, Apology and Early Offer Amendment

Messrs. Welch, Kennedy and Eldridge and Ms. Clark moved that the proposed new text be amended by inserting, after section XX, the following new section:-

 

Section XXXX.  Section 5 of chapter 112 of the General Laws, as amended by Chapter 224 of the Acts of 2012, is hereby amended by inserting after the word “years” in line 78 the following:

 

“; provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable to or by the board against the physician, absent a determination of substandard care rendered on the part of said physician”


Budget Amendment ID: FY2014-S3-573

EHS 573

Benefit Eligibility Reforms

Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting after section _ the following sections:-

 

SECTION _.  Subsection D of section 2 of chapter 18 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in line 119, the word “and”.

 

SECTION _. Subsection D of section 2 of chapter 18 of the General Laws, as so appearing, is hereby further amended by adding  the following clauses:—

(g) the immediate termination of benefits to any recipient who has failed to notify the department of a change of address, and who the department has attempted to contact by mail, but the mail communication has been returned to the department as undeliverable because the recipient no longer resides at said address; and

(h) the immediate termination of benefits to any recipient who has failed to provide the department with a social security number within 3 months of application for assistance, unless said person has good cause not to provide a social security number as provided for by the Immigration Nationality Act.

 

SECTION _. Paragraph 1 of section 22 of chapter 18 of the General Laws, as so appearing, is hereby amended by adding the following sentences:—

Self-declarations by applicants or recipients shall be signed under the pains and penalties of perjury and shall not be accepted as the sole verification of categorical and financial eligibility during eligibility evaluations and reviews.


Budget Amendment ID: FY2014-S3-574

EHS 574

Timeline for cost and market impact reviews

Mr. Welch and Ms. Clark moved that the proposed new text be amended by inserting, after section XX, the following new section:-

 

SECTION XX.  Section 13(a) of Chapter 6D of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting at the end of the second paragraph the following sentence:-

 

“The cost and market impact reviews by the Commission, as provided for under section 11N of Chapter 112 of the General Laws, shall be completed within 150 days from the date that the provider or provider organization has submitted notice to the Commission."

 


Budget Amendment ID: FY2014-S3-575

EHS 575

Infrastructure Capacity Building Grants and Primary Care Payment Reform

Messrs. Welch and Knapik moved that the proposed new text be amended in section 2, in item 4000-0700, by striking out the words “$10,000,000 shall be expended from this item” and inserting in place thereof the following:- "not less than $26,000,000 shall be expended from this item;"

 

And further amend said section 2, in item 4000-0700, by striking out the figure “$2,138,226,061” and inserting in place thereof the following:- "$2,164,226,061"


Budget Amendment ID: FY2014-S3-576

EHS 576

MassHealth Managed Care Programs

Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0500, by striking out the figure “$4,538,960,913” and inserting in place thereof the following:- "$4,552,960,913"


Budget Amendment ID: FY2014-S3-577

EHS 577

Project Just Because

Ms. Spilka moved that the proposed new text be amended in section 2, in item 4400-1001, by inserting the following: "provided further that not less than $100,000 shall be expended to Project Just Because of Hopkinton to provide emergency food and assistance to residents of the greater Metrowest area"; and by striking out the figure "$3,151,832" and inserting in place therefore the figure:- "3,251,832"


Budget Amendment ID: FY2014-S3-578

EHS 578

EOHHS/MassHealth Operations

Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0300, by striking out the figure “$88,247,730” and inserting in place thereof the following:-  “$90,598,693”


Budget Amendment ID: FY2014-S3-579

EHS 579

Pediatric and Adolescent Inpatient Mental Health Unit Rehabilitation Funding

Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end thereof the following:-

 

“; provided that, no less than $1,700,000 shall be expended for the rehabilitation of an existing inpatient mental health unit serving pediatrics and adolescents at a chronic disease rehabilitation hospital serving solely pediatrics and adolescents”


Budget Amendment ID: FY2014-S3-580

EHS 580

Chapter 224 Cost Growth Benchmark

Messrs. Rodrigues and Finegold moved that the proposed new text be amended in section 2, in item 4100-0060, by adding at the end thereof the following:

 

"provided further, that the health care cost growth benchmark for the average growth in total health care expenditures in the Commonwealth for the next calendar year, established under Chapter 224 of the Acts of 2012, shall not be misconstrued as a benchmark nor guideline for health plans to cite nor use as guidance nor new limitation for rate improvements, in their negotiations with hospitals, health systems or physician groups, that have historically been paid at or below the median."


Budget Amendment ID: FY2014-S3-581-R1

Redraft EHS 581

Vocational Rehabilitation Services for the Blind

Ms. Creem moved that the proposed new text be amended in section 2, in item 4110-3010, by adding at the end thereof the following:- "; provided further, that an additional $300,000 shall be made available to expand the contract for vocational rehabilitation services provided by the Carroll Center for the Blind, Inc."; and in said item, by striking out the figure "$3,053,118" and inserting in place thereof the figure "$3,353,118"


Budget Amendment ID: FY2014-S3-582

EHS 582

Employment Services Program

Messrs. Rodrigues and Finegold moved that the proposed new text be amended in section 2, in item 4401-1000, by inserting after the words “dependent children” the following:- 

 

“; provided further, that not less than $3,000,000 shall be expended for providers with whom the department entered into service agreements in fiscal year 2011 as procured under the Competitive Integrated Employment Service program";

 

and moves to further amend in said item, by striking out the figure “$4,284,733” and inserting in place thereof the following figure:- “$7,284,733.”


Budget Amendment ID: FY2014-S3-583

EHS 583

Benefit Eligibility Verification Integrity

Messrs. Tarr, Hedlund and Knapik moved that the proposed new text be amended by inserting after section _ the following section:-

 

SECTION _. Section 16 of chapter 6A of the General Laws, as most recently amended by section 5 of chapter 224 of the acts of 2012, is hereby further amended by adding the following paragraphs:-

The executive office of health and human services shall establish and maintain a computerized income, asset, and identity eligibility verification system, hereafter referred to as an integrated eligibility system, in compliance with chapter 66A; provided that information held pursuant to the establishment of this system is used in a manner that meets all applicable federal and state privacy and security requirements, to aggregate data necessary to verify income, assets, and identity when determining an applicant’s eligibility for assistance, prior to the distribution of benefits and during eligibility reviews, in order to eliminate the duplication of assistance and deter fraud within each public benefits program administered by the office.

The verification system shall include a statewide document imaging system to track applicant and recipient eligibility documents, including the costs of ensuring said documents are properly categorized and accessible in a secure centralized location.

The office may enter into contracts with third-party vendors for the purposes of developing and maintaining the integrated eligibility system; provided that any such vendor shall be required by contract to establish annualized savings realized from the implementation of the integrated verification system and savings shall exceed the total yearly cost to the state for implementing the integrated verification system.

The office shall require all departments, offices, and divisions under the authority of the office, that are administering public benefits programs, prior to awarding, continuing, or reissuing public assistance, to use the integrated eligibility system to match the social security number of each applicant for or recipient of public assistance against, at minimum, information provided by the following public records data sources:

(1) a nationwide public records data source of physical asset ownership such as real property, automobiles, watercraft, aircraft and luxury vehicles;

(2) the department of revenue;

(3) undisclosed depository account information and account balances of disclosed accounts at national and local financial institutions;

(4) a nationwide public records data source of incarcerated individuals;

(5) outstanding default or arrest warrant information maintained by the criminal history systems board, the criminal justice information system, and the warrant management system;

(6) a nationwide best-address and driver's license data source to verify individuals are residents of the commonwealth;

(7) the registry of motor vehicles;

(8) the department of elementary and secondary education;

(9) a comprehensive public records database that identifies potential identity fraud or identity theft that can closely associate name, social security number, date of birth, phone and address information; and

(10) a database which is substantially similar to or a successor of a database mentioned in this section.

The office shall require all departments, offices, and divisions, under the authority of the office, that are administering public benefits programs, prior to awarding, continuing, or reissuing public assistance, to use the integrated eligibility system to match the social security number of each applicant and recipient of public assistance against information provided by the following data sources, to the extent such data sources are available:

(1) unearned income information maintained by the Internal Revenue Service;

(2) employer quarterly reports of income and unemployment insurance payment information maintained by the department of labor and workforce development;

(3) earned income information maintained by the Social Security Administration;

(4) immigration status information maintained by the United States Citizenship and Immigration Services;

(5) death register information maintained by the Social Security Administration;

(6) prisoner information maintained by the Social Security Administration;

(7) public housing and Section 8 Housing Assistance payment information maintained by the Department of Housing and Urban Development and the Massachusetts public housing authorities;

(8) national fleeing felon information maintained by the Federal Bureau of Investigation;

(9) wage reporting and similar information maintained by states contiguous to this State;

(10) beneficiary records and earnings information maintained by the Social Security Administration in its Beneficiary and Earnings Data Exchange (BENDEX) database;

(11) earnings and pension information maintained by the Social Security Administration in its Beneficiary Earnings Exchange Record System (BEERS) database;

(12) employment information maintained by the department of labor and workforce development and the department of unemployment assistance;

(13) employment information maintained by the United States Department of Health and Human Services in its National Directory of New Hires database;

(14) supplemental Security Income information maintained by the Social Security Administration in its SSI State Data Exchange (SDX) database;

(15) workers compensation information maintained by the department of industrial accidents;

(16) veterans’ benefits information maintained by the United States Department of Health and Human Services, in coordination with the Massachusetts department of health and human services and department of veterans’ affairs, in the federal Public Assistance Reporting Information System (PARIS) database;

(17) child care services information maintained by the department of children and families;

(18) utility payments information maintained by the department of housing and community development under the low income home energy assistance program;

(19) emergency utility payment information maintained by local cities and towns or councils on aging;

(20) a database of all persons who currently hold a license, permit, or certificate from a State agency the cost of which exceeds $1,000; and

(21) a database which is substantially similar to or a successor of a database mentioned in this section.

The office shall work with the departments, offices, or divisions, under the authority of the office, that assist in the administration of public benefit programs to develop uniform rules and regulations regarding intake procedures and procedures for handling discrepancies that may result between an applicant or recipient’s social security number and one or more of the databases or information tools outlined in this section; provided that an applicant or recipient shall be notified of any discrepancy that arises between their social security number and information retrieved by the integrated eligibility system and the applicant or recipient shall be provided an opportunity to explain any discrepancy; provided that self-declarations by an applicant or recipient shall not be accepted as the sole verification of categorical and financial eligibility during eligibility evaluations and reviews; provided further that all self-declarations made on or pursuant to an application for public assistance shall be signed under the pains and penalties of perjury; and, provided further that numerical identifiers, other than valid social security numbers, shall not be used as alternatives to social security numbers for time periods in excess of 3 months.   If a recipient is unable to provide an accurate social security number to replace a numerical identifier within a time period of 3 months, unless good cause is provided for under the Immigration Nationality Act, the recipient’s public assistance benefits shall be terminated.

Nothing in this section shall preclude the office or any department, office, or division, under the authority of the office, that assists in the administration of public assistance, from conducting additional eligibility verification processes not detailed in this section.”;  and

 

further by inserting in section 127, in line 1738, after the word, “health and human services,” the following words:-

 

“including the identity eligibility verification system,”.


Budget Amendment ID: FY2014-S3-584

EHS 584

Health Safety Net Assessment and Surcharge

Mr. Welch moved that the proposed new text be amended in section 2E, by inserting after item 1595-5819 the following new item:

 

1595- 58XX   For an operating transfer to the Health Safety Net Trust Fund, established under section 66 of chapter 118E of the General Laws, for federal financial participation claimed and received by the commonwealth for the administrative expenses of the Health Safety Net program…$4,500,000


Budget Amendment ID: FY2014-S3-585

EHS 585

DTA Integrity and Eligibility

Messrs. Knapik, Tarr, Hedlund and Ross moved that the proposed new text be amended by inserting, after section 144, the following new section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the Department of Transitional Assistance shall establish a mandatory re-enrollment period for all enrollees in the Transitional Aid to Families with Dependent Children program (TAFDC). The re-enrollment period shall be from September 1, 2013 to August 31, 2014. Each month, the department shall identify one-twelfth of the programs caseload to participate and provide written notice to each enrollee at least thirty (30) calendar days before the re-enrollment period begins. The department shall comply with existing state and federal laws applicable to time standards for review and determination of eligibility, including income and asset limits, residency requirements, citizenship requirements, and social security requirements, and all notice and hearing requirements afforded to applicants and beneficiaries under its public assistance programs. The department shall continue distributing benefits to enrollees until a redetermination of eligibility is completed.

 

The department shall promulgate policies and procedures to hold a re-enrollment period for the Commonwealth’s comprehensive transitional assistance financial assistance programs. The commissioner shall report to the joint committee on children, families, and persons with disabilities, and the house and senate committees on ways and means, the findings and recommendations, together with drafts of legislation necessary to carry the recommendations into effect by filing the same with the clerks of the senate and house of representatives on or before September 1, 2014.

 

 


Budget Amendment ID: FY2014-S3-586

EHS 586

Appropriate and Safe Placement for Juvenile Sex Offenders and Firesetters

Mr. Rosenberg moved that the proposed new text be amended by inserting, after section ____, the following new sections:-

“SECTION____. Chapter 18A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following section:-

Section 10. (a) The department shall, pursuant to its services provided in this chapter and in cooperation with the department of children and families, in said department of children and families’ provision of and administration for a comprehensive child welfare program for care for a child in out-of-home placement, who has been adjudicated delinquent for a sexual offense or the commission of arson, or has admitted to such behavior, or is the subject of a documented or substantiated report of such behavior, adhere to the assessment for safe and appropriate placement process, hereinafter referred to as ASAP.

(b) In using said ASAP the department shall: (i) cooperate with the department of children and families in the design and implementation of an ASAP process;  (ii) consult with subject-matter experts to revise the screening, referral and risk assessment guidelines based on evidence-based practice; (iii) create a process for keeping the ASAP process current with evolving evidence-based practice standards; and (iv) ensure that all staff with responsibilities for the safety of children in foster care or other out-of-home placements are informed about the process and have training in how to make referrals and incorporate risk-assessment and risk-management results into their case management and treatment planning. In partnership with the department, The Massachusetts Adolescent Sex Offender Coalition and the Juvenile Firesetters Coalition shall provide training to staff on the screening and assessment procedures for supporting decisions for safe placements.

SECTION____. Section 2 of chapter 18B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 31 to 33, inclusive, the words “and (17) child care placements for children whose families have an open case with the department,” and inserting in place thereof the following words:- ; (17) child care placements for children whose families have an open case with the department; and (18) coordination with other state agencies on the use of an assessment process for safe and appropriate placement for out-of-home placement or foster care for a child, who has been adjudicated delinquent for a sexual offense or the commission of arson, or has admitted to such behavior, or is the subject of a documented or substantiated report of such behavior.

SECTION____. Chapter 19 of the General Laws is hereby amended by adding the following section:-

Section 25. (a) The department shall, pursuant to its services provided in section 16 to children and in cooperation with the department of children and families, in said department of children and families’ provision of and administration for a comprehensive child welfare program for a child, who has been adjudicated delinquent for a sexual offense or the commission of arson, or has admitted to such behavior, or is the subject of a documented or substantiated report of such behavior, use an assessment for safe and appropriate placement process, hereinafter referred to as ASAP.

(b) In using said ASAP the department shall: (i) cooperate with the department of children and families in the design and implementation of an ASAP process;  (ii) consult with subject-matter experts to revise the screening, referral and risk assessment guidelines based on evidence-based practice; (iii) create a process for keeping the ASAP process current with evolving evidence-based practice standards; and (iv) ensure that all staff with responsibilities for the safety of children in foster care or other out-of-home placements are informed about the process and have training in how to make referrals and incorporate risk-assessment and risk-management results into their case management and treatment planning. In partnership with the department, The Massachusetts Adolescent Sex Offender Coalition and the Juvenile Firesetters Coalition shall provide training to staff on the updated screening and assessment procedures for supporting decisions for safe placements.

SECTION____. Chapter 19B of the General Laws is hereby amended by inserting after section 13, the following section:-

Section 13A. (a) The department shall, pursuant to its services provided in this chapter and in cooperation with the department of children and families, in said department of children and families’ provision of and administration for a comprehensive child welfare program for foster care for a child, who has been adjudicated delinquent for a sexual offense or the commission of arson, or has admitted to such behavior, or is the subject of a documented or substantiated report of such behavior, adhere to the ASAP process, hereinafter referred to as ASAP.

(b) In using said ASAP the department shall (i) cooperate with the department of children and families in the design and implementation of an ASAP process;  (ii) consult with subject-matter experts to revise the screening, referral and risk assessment guidelines based on evidence-based practice; (iii) create a process for keeping the ASAP process current with evolving evidence-based practice standards; and (iv) ensure that all staff with responsibilities for the safety of children in foster care or other out-of-home placements are informed about the process and have training in how to make referrals and incorporate risk-assessment and risk-management results into their case management and treatment planning. In partnership with the department, The Massachusetts Adolescent Sex Offender Coalition and the Juvenile Firesetters Coalition shall provide training to staff on the updated screening and assessment procedures for supporting decisions for safe placements.

SECTION____.  Section 33B of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 10-11, the words “and a recommendation as to the type of appropriate and safe placement for the child.”

SECTION____.  Said chapter 119 is hereby further amended by inserting after the word, “child,” in line 10, the following:-

“and a recommendation that includes safety and supervisions needs, treatment needs, and caregiver training and support needs.””


Budget Amendment ID: FY2014-S3-587-R2

2nd Redraft EHS 587

Civil War Memorials Grants

Mr. Rosenberg and Ms. Lovely moved that the proposed new text be amended in section 2, in item 1410-1616, by adding at the end thereof  the following:-

 

“provided further, that not less than $200,000 shall be expended for restoration grants for Civil War Veterans’ monuments, memorials and other significant sites across the Commonwealth and preservation of Civil War related historic documents; provided further that not more than 10 per cent of this funding may be expended for the administration of this and other Civil War sesquicentennial projects"

 

and by striking out “$160,000” and inserting in place thereof the following:- “$360,000”


Budget Amendment ID: FY2014-S3-588

EHS 588

Preventing Elder Homelessness

Ms. Spilka and Ms. Jehlen and Mr. Brownsberger and Ms. Chang-Diaz and Messrs. Donnelly and Joyce moved that the proposed new text be amended in section 2, by inserting the following item:-

 

“xxxx-xxxx For residential assessment and placement programs for homeless elders… $186,000”


Budget Amendment ID: FY2014-S3-589

EHS 589

Springfield Partners for Community Action’s Veterans First Program

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting at the end thereof the following:-

 

“; provided further that not less than the amount of $250,000 shall be expended for the Springfield Partners for Community Action’s Veterans First Program to provide outreach services to Veteran’s in the Western Massachusetts Region, including Berkshire, Franklin, Hampden, and Hampshire Counties”

 


Budget Amendment ID: FY2014-S3-590

EHS 590

Youth Substance Abuse/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 words:- "; provided further, that not less than $150,000 shall be expended for the New Beginnings program that targets youth at risk and in recovery in collaboration with school districts;" and in said item by striking out the figure "$81,050,683" and inserting in place thereof the figure "$81,200,683"


Budget Amendment ID: FY2014-S3-591

EHS 591

Puerto Rican Veterans Center

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting at the end thereof the following:-

; and that not less than $200,000 shall be expended for the Bilingual Veterans Outreach Centers of Massachusetts, Inc. in Springfield formally known as the Puerto Rican Veterans Association of Massachusetts, Inc.”


Budget Amendment ID: FY2014-S3-592

EHS 592

New England Connection for PKU and Allied Disorder

Mr. Kennedy 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 4120-4000 the following item:

 

“xxxx-xxxx For a phenylketonuria (PKU) program providing patient education and support for people diagnosed with PKU or related disorders and their families; provided, that such funds shall be expended as grants to NECPAD, a support organization for such patients and their families……………………………………………………………………………..$50,000”

 


Budget Amendment ID: FY2014-S3-593

EHS 593

Pediatric Home Care

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4000-0500, Mr. Kennedy moved that the bill be amended, Section 2, in item 4000-0500, by adding at the end thereof the following:-

 

“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: FY2014-S3-594

EHS 594

Out of State Employers and Creditable Coverage

Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following new section:-

“Section 1 of Chapter 111M as appearing in the 2010 Official Edition is hereby amended by inserting after the word “plans” in line 46 the following :-

(m) an out-of-state employer provided health plan regardless whether if the health plan meets the definition of “minimum creditable coverage” as established by the board of the connector”


Budget Amendment ID: FY2014-S3-595

EHS 595

Acute-care hospitals

Messrs. Montigny and Brownsberger moved that the proposed new text be amended by inserting at the end thereof the following new section:-

 

SECTION ___.  Chapter 111 of the General laws, as appearing in the 2010 official addition is hereby amending by inserting after Section 51H the following 2 sections

 

 

Section 51I.  Definitions for Section 51J

 

Consensus measures.  Standardized stroke metrics that including, but not limited to:

 

(a)Deep Vein Thrombosis (DVT) Prophylaxis

(b)Discharged on Antithrombotic Therapy

(c)Patients with Atrial Fibrillation Receiving Anticoagulation Therapy

(d)Thrombolytic Therapy Administered

(e)Antithrombotic Therapy By End of Hospital Day Two

(f)Discharged on Statin Medication

(g)Dysphagia Screening

(h)Stroke Education

(i)Smoking Cessation / Advice / Counseling

(j)Assessed for Rehabilitation

 

 

Primary Stroke Service. Emergency diagnostic and therapeutic services provided by a multidisciplinary team and available 24 hours per day, seven days per week to patients presenting with symptoms of acute stroke and have the ability to assess acute stroke patients and treat with IV-tPA in the 0-3 hour period and may sites could also treat up to 4.5 hours with IV tPA.

 

Primary Stroke Service Plus (PSS+):    In addition to service required in the definition of Primary stroke services, emergency diagnostic and therapeutic services that include

 

1)Participation in a national stroke QI program to be chosen by the department;

2)Mandatory data reporting to the department on an agreed upon expanded set of measures of stroke care quality, and annual evidence of compliance to standards;

3)Ongoing professional education requirements similar to Joint Commission-Primary Stroke Center requirements

4)Protocols for administering IV-tPA in the expanded time window (3 - 4.5 hours).  Patients with stroke symptom onset between 2.5 - 4 hours would be considered for direct triage/transport to these PSS+ sites when appropriate.

 

Comprehensive Stroke Center:  Facilities designated for patients with onset times of consensus measures greater than 4 hours

 

Undesignated Sites: Hospitals that do not seek or sustain a primary stroke service or higher designation that have pre-approved transfer agreements for walk-in or inpatient strokes

 

Section 5J.  Application to Provide Primary Stroke Service; Written Protocols

 

(1)  Each hospital seeking designation as a provider of a Primary Stroke Service shall submit an application to the Department, on forms prescribed by the Department, documenting how the hospital will meet the standards in 105 CMR 130.1400 through 130.1413.

(2)  The department shall base the certification Primary Stroke Centers based on Joint

Commission/ASA standards or similar standards.

 

(3)  The department shall include modifications to the hospital stroke designation and emergency medical service point of entry criteria to ensure sustainability of the program.

 

(4) The department shall create a sustainable three tiered system for hospital stroke designation that reflects the current tiered nature of care that shall include:

a)Primary Stroke Service;

b)Primary Stroke Service Plus;

c)Comprehensive Stroke Centers

 

(5) The department shall require undesignated hospitals to affiliate with a primary stroke services, primary stroke service plus or comprehensive stroke center.

 

(4)  The department shall establish a registry of infrastructure and mandatory participation by Primary Stroke Service Plus Hospital as defined by Hospital Licensure Regulations (105 CMR 130.000) 105 CMR 130.1400 Primary Stroke Service Licensure that shall include  but not be limited to reporting and collection of data on consensus measures.


Budget Amendment ID: FY2014-S3-596

EHS 596

Emergency Psychiatric Care (EPC) Plan

Messrs. Keenan and Rush 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: FY2014-S3-597-R1

Redraft EHS 597

FACES Implementation

Ms. Spilka and Messrs. Donnelly, Rodrigues and Brownsberger and Ms. Lovely and Messrs. Wolf, Keenan and Eldridge moved that the proposed new text be amended in section 2, by inserting the following item:

 

“xxxx-xxxx For the establishment and operation of family resource centers to provide community based services to families, including families with children requiring assistance and to provide a mechanism to the juvenile court to refer families to community based services pursuant to section 16U of chapter 6A and section 39E of chapter 119 of the General Laws …. $1,100,000”


Budget Amendment ID: FY2014-S3-598-R2

2nd Redraft EHS 598

Sustainable Medicaid Rates for Disproportionate Share Hospitals

Messrs. Welch, Finegold, Moore, Wolf and Downing and Ms. Candaras and Ms. Chang-Diaz and Mr. Rush and Ms. O'Connor Ives and Messrs. Rodrigues, Pacheco, McGee, Brownsberger, Eldridge, Keenan and Knapik and Ms. Clark moved that the proposed new text be amended by inserting after section 139 the following section:-

“SECTION 139A.  (a) Notwithstanding any general or special law to the contrary, the health policy commission shall enter into an interagency agreement with the executive office of health and human services to provide up to $39,978,000 in available funding from the Distressed Hospital Trust Fund established in section 2GGGG of chapter 29 of the General Laws during fiscal year 2014, for payments to acute care hospitals that have greater than 63 per cent of their gross patient service revenue from governmental payers and free care as described in subsection (b).  Additional payments under this section shall be paid directly to each such qualifying acute care hospital.  The comptroller shall deposit in the fund all federal reimbursements paid to the commonwealth as a result of these payments.

(b) Notwithstanding any general or special law to the contrary, the office of Medicaid shall expend from any funds received pursuant to an interagency agreement under this section, subject to all required federal approvals and the availability of federal financial participation, to provide:

(i) an additional 5 per cent of its standard payment amount per discharge, or SPAD, or of reimbursement provided under any subsequent inpatient payment methodologies to any acute care hospital that has greater than 63 per cent of its gross patient service revenue from governmental payers and free care as determined by the executive office of health and human services;

(ii) an additional 5 per cent of its outpatient payment amount per episode or PAPE, or of reimbursement provided under any subsequent outpatient payment methodologies to any acute care hospital that has greater than 63 per cent of its gross patient service revenue from governmental payers and free care as determined by the executive office of health and human services; and

(iii) an additional amount, totaling the remainder of any sum transferred pursuant to subsection (a), to be used as an additional percentage of SPAD and outpatient PAPE rates, for inpatient discharges for behavioral and mental health services and outpatient episodes for behavioral and mental health services provided by any acute care hospital that that has greater than 63 per cent of its gross patient service revenue from governmental payers and free care as determined by the executive office of health and human services; provided, however, that subject to all required federal approvals and the availability of federal financial participation, such add on amounts shall be prioritized for services provided to children and adolescents.

(c) Any acute hospital receiving enhanced rates under this section shall report to the health policy commission not later than June 30, 2014 describing how enhanced rates to that hospital supports the commonwealth’s efforts to meet the health care cost growth benchmark established in section 9 of chapter 6D of the General Laws and whether such enhanced rates: (1) improve and enhance the ability of the hospital to serve populations efficiently and effectively; (2) advance the adoption of health information technology, including interoperable electronic health records systems; (3) accelerate the ability to electronically exchange information with other providers in the community to ensure continuity of care; (4) support infrastructure investments necessary for the transition to alternative payment methodologies, including technology investments; (5) aid in the development of care practices and other operational standards necessary for certification as an ACO under section 15 of said chapter 6D; or (6) improve the affordability and quality of care.

(d) The interagency agreement under subsection (a) shall be effective upon deposit of sufficient funds into the Distressed Hospital Trust Fund under section 241 of chapter 224 of the acts of 2012.”


Budget Amendment ID: FY2014-S3-598.1

Further EHS 598.1

Sustainable Medicaid Rates for Disproportionate Share Hospitals

Mr. Pacheco moved that the amendment be amended in section 2, in item 4000-0700, by inserting after the words “shall be paid directly to each such qualifying acute care hospital” the following:-

“; and provided further that for any health care facility to be eligible to receive these funds, said health care facility must provide at least the same level of care, including units of care, as they provided in the previous calendar year”


Budget Amendment ID: FY2014-S3-599-R1

Redraft EHS 599

Healthcare Sustainability Study

Messrs. Knapik, Tarr, Hedlund and Ross moved that the proposed new text be amended by, inserting after section 144, the following new section:-

 

Section XX. Notwithstanding any general or special law to the contrary, there shall be a special commission established within the Health Policy Commission, as described in Chapter 224 of the Acts of 2012, to study and report on the future of health care provider financing.  The commission shall consist of the executive director of health policy commission or a designee, who shall chair the commission; three appointees of the chair; one shall represent an academic medical center, one shall represent a safety net hospital, and one shall represent a community health center; representatives from the Massachusetts League of Community Health Centers, Blue Cross and Blue Shield of Massachusetts, the Massachusetts Medical Society, the Massachusetts Association of Health Plans, and the Massachusetts Hospital Association; the secretary of the executive office of health and human services, or a designee; the secretary of the executive office of administration and finance, or a designee;  the executive director of the commonwealth health information and analysis (CHIA), or a designee;  the commissioner of the department of insurance, or a designee; the house and senate chairs of the committee on health care financing, or their designees; the house and senate chair of ways and means, or their designees; the house and senate chairs of the committee on financial services, or their designees; and the house and senate minority leaders, or their designees.

The commission shall look at all audited and unaudited cost reports of hospitals and community health centers filed with the CHIA, all reports of layoffs and strikes in the health care marketplace, all reports of receiverships, all reports of missed payrolls, all reports of providers falling below positive operating margins, and all reports of declining revenues.

The commission shall study the near and long term impacts of the Federal Affordable Care Act including but not limited to the loss of funding for Graduate Medical Education, the loss of reimbursement for bad debt, the impact on a per hospital basis of sequestration, the impact of a restructured insurance marketplace on providers, the federal reductions in Medicare rates, the federal reductions in Medicaid rates,  the federal reductions in Disproportionate Share Rates, the federal reductions in Medicare physician rates,  the potential loss of the Area Wage Index  “rural floor”, the impact of federal plan design changes, the impact of purchasing health insurance through the “Exchange’, the potential shift away from employer sponsored coverage, the new plans’ impact on provider participation in new Medicaid-like, commercial or blended plans, the potential for payor mix changes,  and the reaction to premium volatility for the small group market on providers by state regulators.

The commission shall explore the layered impact of assessments on providers to run an expanded state bureaucracy, the impact of using 2008 as a base year for Medicaid rates, the underfunding of MMCO contracts on providers that contract with MMCO’s, the utilization of Federal Medicaid Assistance Percentages revenues in the Commonwealth, the impact of 1115 Waiver Spending on providers, the impact of tiered plans on struggling providers, the impact of limited networks on struggling providers and the non-coordinated use of funds available to assist distressed providers.

The commission shall analyze provider based programs that are not fully reimbursed by Medicaid and other governmental entities such as in-patient psychiatry, dental, addiction services, outliers and others.

The commission shall report its findings, recommendations, and plan for the Commonwealth to address where, how, and by whom critical services such as Neonatal Intensive Care, Burn Units, In-Patient Psychiatry and others will be funded, and how the Commonwealth maintains access to quality health care in the midst of existing and looming revenue losses by providers in the Commonwealth, to the joint committee on healthcare financing, the joint committee on financial services, and the house and senate committees on ways and means, together with drafts of legislation necessary to carry the recommendations into effect by filing the same with the clerks of the senate and house of representatives on or before January 1, 2014.

 

 


Budget Amendment ID: FY2014-S3-600

EHS 600

TURNING 22 PROGRAM

Ms. Lovely and Mr. Knapik and Ms. Clark and Messrs. Joyce, Keenan, Eldridge, Montigny, Finegold and Barrett moved that the proposed new text be amended in section 2, in item 5920-5000, by striking out the figure “$6,000,000 “ and inserting in place thereof the following figure:- “$7,000,000“.


Budget Amendment ID: FY2014-S3-601-R1

Redraft EHS 601

Mass Health Adult Dental

Ms. Chandler and Messrs. Barrett and Brownsberger and Ms. Chang-Diaz and Ms. Creem and Messrs. Downing and Eldridge and Ms. Jehlen and Mr. Moore and Ms. Spilka moved that the proposed new text be amended in section 2, in item 4000-0700, by adding the following words:-“; provided further, that not more than $13,000,000 shall be expended for fillings covered for all teeth for adult MassHealth members; and provided further, that not later than October 1, 2013, MassHealth shall report to the house and senate committees on ways and means the date at which full coverage for dental services may be restored given the funding level provided for those services;”

and by striking out the figure "$2,138,226,061" and inserting in place thereof the following figure:- "$2,145,226,061";

and, in section 2, in item 1595-5819, by striking out the figure "$339,078,633" and inserting in place thereof the following figure:- "$340,078,633".


Budget Amendment ID: FY2014-S3-602-R1

Redraft EHS 602

BEHAVIORAL HEALTH INPATIENT PAYMENTS

Ms. Lovely and Mr. Knapik moved that the proposed new text be amended in section 2, in item 4000-0500, by adding at the end thereof the following: “provided further, that cost increases for patient behavioral health providers shall be included and funded in the F.Y. 14 capitated rate for the PPC mental health and substance abuse plan.”


Budget Amendment ID: FY2014-S3-603

EHS 603

Veterans Services

Mr. Michael O. Moore and Ms. Chandler moved that the proposed new text be amended by inserting after section 139 the following section:-

“SECTION 139A. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey in fee simple a certain parcel of land and any improvements and structures located thereon, which is the site of the former National Guard armory, located at 44 Salisbury Street in the city of Worcester bounded in part by Grove street and Salisbury street to Veterans Inc. for the construction of additional housing for homeless veterans and providing services related thereto.  The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance after the completion of a land survey.  The consideration for the conveyance shall be $1.  The parcel shall be conveyed by deed without warranties or representations by the commonwealth.

(b) The commissioner of capital asset management and maintenance shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in subsection (a).  The commissioner shall place notification in the central register of the conveyance, the amount of such transaction and the difference between the calculated value and the price received.

(c) Notwithstanding any general or special law to the contrary, Veterans Inc. shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, appraisals, surveys and deed preparation related to the conveyance authorized under this act as such costs may be determined by the commissioner of capital asset management and maintenance.

(d) The deed or other instrument conveying the property described in subsection (a) to Veterans Inc. shall provide that if for any reason the property ceases to be used solely for the purposes described in subsection (a), then following a written notice and an opportunity to cure in accordance with a procedure to be specified in the deed conveying the property and upon the recording of a notice by the commissioner of capital asset management and maintenance with the Worcester district registry of deeds, title to the property shall revert to the commonwealth under the care and control of the division of capital asset management and maintenance and any further disposition shall be subject to sections 32 to 37, inclusive, of chapter 7C of the General Laws.

 

 


Budget Amendment ID: FY2014-S3-604

EHS 604

GERIATRIC MENTAL HEALTH

Ms. Lovely and Ms. Clark and Messrs. Joyce and Montigny moved that the proposed new text be amended in section 2, in item XXXX-XXXX, For geriatric mental health services program, including residential care, case management, and day treatment services, to deinstitutionalize or divert elders with serious and persistent mental illness from institutionalized settings……………………..$350,000


Budget Amendment ID: FY2014-S3-605

EHS 605

DEPARTMENT OF MENTAL HEALTH OPERATIONS

Ms. Lovely and Messrs. Knapik and Joyce moved that the proposed new text be amended in section 2, in item 5011-0100, by striking out the figure “$27,275,844 “ and inserting in place thereof the following figure:- “$27,532,107“.


Budget Amendment ID: FY2014-S3-606-R1

Redraft EHS 606

VETERANS TRANSITION HOUSE

Mr. Montigny moved that the proposed new text be amended in section 2, in item 1410-0012, by adding at the end thereof the following words:- “; provided further, that the department shall increase the amount appropriated to each program or its successor under this item in section 2 of chapter 139 of the acts of 2012 by no less than 5 per cent in fiscal year 2014."


Budget Amendment ID: FY2014-S3-607

EHS 607

JUVENILE COURT CLINIC

Ms. Lovely and Mr. Rodrigues and Ms. Donoghue and Mr. Michael O. Moore and Ms. Spilka and Ms. Clark and Mr. Donnelly moved that the proposed new text be amended in section 2, in item 5055-0000, by inserting after the word “department” the following:- “provided that funds may be expended for juvenile court clinics”; and in said item, by striking out the figures “$8,321,818” and inserting in place thereof the figures “$8,801,818".


Budget Amendment ID: FY2014-S3-608

EHS 608

NEW ENGLAND CENTER FOR HOMELESS VETERANS ELEVATOR

Ms. Lovely and Messrs. Rush, Kennedy, Timilty, Michael O. Moore, Eldridge and McGee moved that the proposed new text be amended in section 2, in item 1410-0251, by adding at the end thereof the following: “provided further that $245,300 be expended for an elevator for the New England Center for Homeless Veterans”; and in said item, by striking out the figures “$2,646,544” and inserting in place thereof the following figures:- “$2,891,844”.


Budget Amendment ID: FY2014-S3-609

EHS 609

RESPITE FAMILY SUPPORTS

Ms. Lovely and Ms. Chang-Diaz and Messrs. Knapik and Joyce and Ms. Clark and Messrs. Rodrigues, Keenan and Eldridge and Ms. Spilka and Mr. Welch moved that the proposed new text be amended in section 2, in item 5920-3000, by striking out the figure “$49,504,298“ and inserting in place thereof the following figure:- “$51,504,298“.


Budget Amendment ID: FY2014-S3-610

EHS 610

TREATMENT FOR CO-OCCURRING DISORDERS

Ms. Lovely and Ms. Chang-Diaz and Messrs. Joyce, McGee and Brownsberger moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting after “court adjudicated indigent clients” the following:- “and provided further, that $400,000 shall be expended for integrated treatment and stabilization services for individuals and families living with co-occurring substance use and mental health disorders”; and in said item by striking out the figures “$81,050,683” and inserting in place thereof the following figure:- “$84,096,690”.


Budget Amendment ID: FY2014-S3-611

EHS 611

Foster Care Rates

Ms. Spilka and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4800-0038, by striking out the figure "$249,286,051" and inserting in place thereof the figure:- "$251,286,051"


Budget Amendment ID: FY2014-S3-612

EHS 612

Addiction Treatment Services

Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:-  "provided further, that not less than $25,000 shall be expended to fund the Charlestown Against Drugs (CHAD) program"; and in said item, by striking out the figures "$81,050,683" and inserting in place thereof the figures "81,075,683"


Budget Amendment ID: FY2014-S3-613-R1

Redraft EHS 613

Julie's Family Learning Program

Mr. Rush moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the word “program”, in line 21, the following words:- “; provided further, that not less than $ 75,000 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 “$249,286,051” and inserting in place thereof the following figure:-  “$249,361,051"


Budget Amendment ID: FY2014-S3-614

EHS 614

Louis D. Brown Peace Institute

Mr. Rush and Ms. Creem and Mr. Brownsberger and Ms. Clark and Messrs. Eldridge and Keenan and Ms. Spilka moved that the proposed new text be amended in section 2, Mr. Rush moved to amend the bill in section 2, by inserting after item 4513-1026 the following item:

4513-1098            For the provision of statewide support services for survivors of homicide victims, including outreach services, burial assistance, grief counseling and other support services; provided, that funds shall be expended as grants in the aggregate amount of $150,000 to the Louis D. Brown Peace Institute, a community-based support organization dedicated to serving families and communities impacted by violence............................................$150,000


Budget Amendment ID: FY2014-S3-615

EHS 615

Sole Community Provider

Messrs. Downing and Wolf moved that the proposed new text be amended by inserting, after section 72, the following new section:-

"Section XX. Section 8A of chapter 118e of the General Laws, as inserted by chapter 224 of the acts of 2012, is hereby amended by striking the definition of “sole community provider” and inserting in place thereof the following definition:-

“Sole community provider”, any acute hospital which qualifies as a sole community provider under Medicare regulations or under regulations promulgated by the executive office.  Those 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 per cent of their primary service area."


Budget Amendment ID: FY2014-S3-616-R1

Redraft EHS 616

West Roxbury YMCA Renovation and Expansion

Mr. Rush moved that the proposed new text be amended in section 2, in item 7002-0021, by inserting at the end thereof the following: “and provided further, that not less than $500,000 shall be awarded to the YMCA of Greater Boston the West Roxbury YMCA renovations and expansion project”


Budget Amendment ID: FY2014-S3-617

EHS 617

Veterans Adaptive Equipment

Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0010, Mr. Rush and Mr. DiDomenico moved that the bill be amended, in section 2, in item 1410-0010, by inserting at the end thereof the following: “provided further, that not less than $10,000 shall be expended for the Stand Up and Play Foundation Boston Chapter for rehabilitative adaptive equipment for veterans”; and in said item, by striking out the figure “$2,541,487” and inserting in place thereof the figure “$2,551,487”


Budget Amendment ID: FY2014-S3-618-R1

Redraft EHS 618

Autism Services

Messrs. Montigny and Timilty moved that the proposed new text be amended in section 2, in item 5920-3010, by striking out the figure “$4,613,086” and inserting in place thereof the following figure:-  “$5,613,086”

and

by striking out the words, “; provided further, that the department shall expend not less than $3,000,000 on the Children’s Autism Spectrum Disorder Waiver”; and inserting in place thereof the following words, “; provided further, that the department shall expend not less than $4,000,000 on the Children’s Autism Spectrum Disorder Waiver”

and

by inserting after the words “under said waiver” the following words, “including but not limited to establishing at least one regularly scheduled enrollment period per year”


Budget Amendment ID: FY2014-S3-619

EHS 619

Head Injury Services

Ms. Chandler and Mr. Barrett moved that the proposed new text be amended in section 2, in item 4120-6000, by striking out the figure "$12,126,408" and inserting in place thereof the following figure:- "$12,215,519".


Budget Amendment ID: FY2014-S3-620

EHS 620

DTA Administration

Mr. Barrett moved that the proposed new text be amended in section 2, in item 4400-1000, by striking out the figure “$61,312,902” and inserting in place thereof the following figure:- “$64,303,826”.


Budget Amendment ID: FY2014-S3-621

EHS 621

Fishing Family Insurance

Messrs. Tarr and Montigny moved that the proposed new text be amended in section 2, in item 4000-1405, by inserting, after the word “basis” in line 10 thereof, the following:-

“provided further that individuals deriving more than 50% of their income from commercial groundfishing and affected by the regulatory changes taking effect on May 1, 2013 may be eligible to receive benefits from this item"


Budget Amendment ID: FY2014-S3-622

EHS 622

DCF Congregate Care

Mr. Barrett moved that the proposed new text be amended in section 2, in item 4800-0041, by striking out the figure “$206,488,950” and inserting in place thereof the following figure:- “$212,967,991”.


Budget Amendment ID: FY2014-S3-623

EHS 623

Domestic Violence and Sexual Assault Prevention and Victim Services

Mr. Eldridge and Ms. Chang-Diaz and Ms. Creem and Messrs. Brownsberger, Joyce, Montigny and Michael O. Moore and Ms. Clark and Messrs. Finegold and Rush moved that the proposed new text be amended in section 2, in item 4513-1130, by striking out the figure $5,518,987 and inserting in place thereof the following figure:- $5,718,990.


Budget Amendment ID: FY2014-S3-624-R2

2nd Redraft EHS 624

Programming for early detection, assessment and response to risk for psychotic illness

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting after the words “clubhouses in fiscal year 2014;” the following:- "provided further, that the department shall expend not less than the amount expended in fiscal year 2013 for programming for early detection, assessment and response to risk for psychotic illness".


Budget Amendment ID: FY2014-S3-625-R1

Redraft EHS 625

Equitable Rates for Medicaid Managed Care Organizations

Messrs. Welch, Knapik and Moore and Ms. Lovely and Ms. Candaras and Mr. DiDomenico and Ms. Clark and Ms. Chandler and Messrs. Petruccelli, Downing, Donnelly and Tarr moved that the proposed new text be amended in section 2, in item 4000-0500, by adding the following words:-

 

“; provided further, that the office of Medicaid shall work with the managed care organizations that are under contract with the commonwealth to deliver managed care services to MassHealth enrollees and other relevant stakeholders to develop changes to Medicaid payment policies, quality improvement programs and any other programmatic changes that promote provider efficiencies; provided further, that the office of Medicaid shall work with its actuary to ensure that the development of capitation rates for contracting managed care organizations appropriately account for changes in MassHealth provider rates, that take effect during state fiscal year 2014; provided further, that MassHealth shall report to the house and senate committees on ways and means not later than October 1, 2013 on proposed provider efficiencies and the methodology used to develop actuarially sound capitation rates for managed care organizations, which account for changes to provider rates and develop actuarially sound rates; and provided further, that if MassHealth fails to produce the report and develop actuarially sound capitation rates that account for changes in provider rates that take effect during state fiscal year 2014, then, to the extent permissible under federal law and regulations and subject to the availability of federal financial participation, MassHealth shall adjust each Medicaid managed care organization’s base capitation rate to reflect increases in hospital payments paid by Medicaid managed care organizations to their network acute hospitals as a result of state fiscal year 2014 base hospital rate increases”.


Budget Amendment ID: FY2014-S3-628

EHS 628

Health Disparities Council statute change

Messrs. Barrett, Brownsberger and Eldridge moved that the proposed new text be amended by inserting, after section ____, the following new section:-

 

“SECTION ____.  Chapter 6A of the General Laws is hereby amended by striking out section 16O, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

 

Section 16O. (a) There shall be a health disparities council located within, but not subject to the control of, the executive office of health and human services. The council shall make recommendations to reduce and eliminate disparities in access to quality health care and health outcomes based on racial, ethnic and disability status.  This shall include disparities related to breast, cervical, prostate and colorectal cancers, strokes, and heart attacks, heart disease, diabetes, infant mortality, lupus, HIV/AIDS, disability status, asthma and other respiratory illnesses. The council shall make recommendations for ways to address subpopulations with the highest levels of disparity in health care access and outcomes. The council may consider education, environment, housing, employment and other relevant determinants contributing to these disparities.

 

The council shall make recommendations for development and implementation of quality metrics to be used to better understand the causes of health disparities and strategies for addressing these disparities. The council shall make recommendations to increase diversity in the health care workforce so that it includes more people from racial, ethnic and disability populations. This shall include increasing diversity in doctors, nurses and physician assistants.

 

(b) The council shall consist of 43 members and shall be comprised of: 3 members of the house of representatives, 1 of whom shall be designated as co-chair by the speaker; 3 members of the senate, 1 of whom shall be designated as co-chair by the senate president; the secretary of health and human services or his designee, who shall serve ex officio; the commissioner of public health or his designee, who shall serve ex officio; the director of multicultural health in the department of public health or his designee, who shall serve ex officio; the director of Medicaid or his designee, who shall serve ex officio; the commissioner of the Massachusetts Rehabilitation Commission or his designee, who shall serve ex officio; the commissioner of the department of developmental services or his designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the blind or her designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the deaf and hard of hearing or her designee, who shall serve ex officio; the attorney general or her designee, who shall serve ex officio; 8 persons from communities disproportionately affected by health disparities, 4 of whom shall be appointed by the speaker and 4 of whom shall be appointed by the senate president; and 18 persons appointed by the co-chairs, 1 from each list of nominees submitted by each of the following organizations: the American Cancer Society, Massachusetts Division, Inc.; the American Heart Association, Massachusetts Affiliate, Inc.; the Massachusetts General Hospital; Brigham and Women's/Faulkner Hospitals, Inc.; the Dana Farber Cancer Institute, Inc.; the Massachusetts League of Community Health Centers, Inc.; the Massachusetts Medical Society; the Massachusetts Hospital Association; the Boston public health commission, established in chapter 147 of the acts of 1995; the health department of the city of Springfield; the health department of the city of Worcester; the Massachusetts School Nurse Organization, Inc.; the Massachusetts Association of Public Health Nurses, Inc.; the Massachusetts Association of Health Plans, Inc.; Blue Cross Blue Shield of Massachusetts, Inc.; the Program to Eliminate Health Disparities at the Harvard School of Public Health; the Boston Medical Center Corporation; Massachusetts Advocates for Children; the Disability Policy Consortium; and the Massachusetts Public Health Association. The representatives of nongovernmental organizations shall serve staggered 3-year terms. Vacancies of unexpired terms shall be filled within 60 days by the appropriate appointing authority.

 

(c) The council shall meet at least bimonthly, at other times as determined by its rules, and when requested either by both co-chairs or by 1 co-chair and any 9 members.  Council members with disabilities shall be provided reasonable accommodations based on identified needs.

 

(d) The council shall submit a report annually by July 1 to the governor, the health care cost and quality council and the general court, by filing the same with the clerks of the senate and house of representatives, the joint committee on health care financing and the joint committee on public health. The report shall include: (i) data on disparities in health care access and health outcomes; (ii) data on diversity in the health care workforce; (iii) recommendations for designing, implementing and improving programs and services; (iv) proposals for statutory and regulatory changes to reduce and eliminate disparities in access to quality health care services and health outcomes in the commonwealth; and (v) recommendations for improving diversity and cultural competency in the health care workforce."


Budget Amendment ID: FY2014-S3-629

EHS 629

Pediatric Palliative Care

Messrs. DiDomenico and Brownsberger and Ms. Creem and Mr. Joyce and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4590-1503, by striking the figure “825,211” and inserting in place thereof the following figure:- “1,500,000”

 


Budget Amendment ID: FY2014-S3-630

EHS 630

DCF Lead Agencies

Ms. Spilka and Messrs. Knapik, Rodrigues, Kennedy and Eldridge and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 4800-0030, by striking out the figure "6,000,000" and inserting in place thereof the figure:- "10,300,000".


Budget Amendment ID: FY2014-S3-631

EHS 631

Health Disparities Council staffing

Messrs. Barrett and Eldridge moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting, in line 10, after the word “resources” the following words:-  “; provided further, that funds shall be expended for staff support for the Health Disparities Council”.


Budget Amendment ID: FY2014-S3-632

EHS 632

Employer Medical Assistance Contribution

Ms. Creem moved that the proposed new text be amended in section 88, by striking out subsection (a) and inserting in place thereof the following subsection:--

 

(a) Each employer, subject to section 14 of Chapter 151A and non-profit employers subject to section 14A of chapter 151A, shall pay, in the same manner and at the same times as the director of unemployment assistance prescribes for the contribution required by said section 14, an employer medical assistance contribution.  The employer medical assistance contribution shall be computed by multiplying the wages the employer paid its employees by the employer medical assistance contribution rate of .36 per cent; provided, however, that employers who employ 5 or fewer employees and governmental employers as described at subsection (i) of Section 1 of Chapter 151A shall not be required to pay such employer medical assistance contribution. The purpose of the employer medical assistance contribution shall be to support the provision of subsidized health care services funded by the Commonwealth Care Trust Fund and the Health Safety Net Trust Fund.


Budget Amendment ID: FY2014-S3-633-R1

Redraft EHS 633

Independent Living Centers

Ms. Spilka and Messrs. Rodrigues and Kennedy and Ms. Jehlen and Ms. Clark and Messrs. Knapik, Joyce and Wolf and Ms. Lovely and Messrs. Michael O. Moore, Eldridge, Welch and Montigny and Ms. Creem and Messrs. Brownsberger, McGee and Pacheco moved that the proposed new text be amended in section 2, in item 4120-0200, by striking out the figure “$4,530,018” and inserting in place thereof the following figure:- “$5,630,018”


Budget Amendment ID: FY2014-S3-635

EHS 635

DCF Social Workers

Mr. Barrett moved that the proposed new text be amended in section 2, in item 4800-1100, by striking out the figure “$171,921,284” and inserting in place thereof the following figure:- “$173,569,698”.


Budget Amendment ID: FY2014-S3-636

EHS 636

Quality Nursing Home Care Initiative

Mr. DiDomenico and Ms. Clark moved that the proposed new text be amended in section 2, in item 4000-0640, by inserting at the end thereof 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 that shall decide jointly how to expend such incentive payments; and provided further that the MassHealth agency shall adopt all additional regulations and procedures necessary to carry out this section"


Budget Amendment ID: FY2014-S3-637

EHS 637

EBT Photo Identificaiton

Messrs. Hedlund and Knapik moved that the proposed new text be amended by inserting after section ___, the following new section:-

 

SECTION ___.  Paragraph (B) of section 2 of chapter 18 of the General Laws, as amended by section 1 of chapter 161 of the acts of 2012, is hereby further amended by adding the following clause:-

 

(k) require the use of photo identification on electronic transfer benefits cards for each eligible household member who is 18 years of age or older.


Budget Amendment ID: FY2014-S3-638

EHS 638

Eligibility Requirements for Public Assistance

Messrs. Hedlund, Tarr and Knapik moved that the proposed new text be amended by inserting after section ___, the following new section:-

 

SECTION ___. Section 2 of chapter 18 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following new sentence:- No form of public assistance shall be granted to an individual who has not presented a valid Social Security number that has been verified.


Budget Amendment ID: FY2014-S3-639

EHS 639

Promoting Teen Social Education

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 4800-0038, in line 12, by inserting after “services;” the following:-

 

provided that not less than $50,000 shall be expended to the Weymouth Teen Center to provide job skills training, remedial education services, and to promote a social service program promoting growth and social welfare. This revenue may include operational costs.


Budget Amendment ID: FY2014-S3-640

EHS 640

Dental Healthcare Provider Shortage Areas

Mr. Downing 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 no less than $750,000 shall be expended for a competitive grant program administered by the department, to provide financial support for costs associated with establishing or expanding provider services in designated dental healthcare provider shortage areas”; and by striking out the figure “$2,138,226,061” and inserting in place thereof the figure “$2,138,976,061”.


Budget Amendment ID: FY2014-S3-641

EHS 641

Reduce EBT Cash Access

Messrs. Hedlund and Tarr moved that the proposed new text be amended by inserting after section ___, the following new sections:-

 

SECTION ___.  Section 5J of chapter 18 of the General Laws, as most recently amended by chapter 161 of the acts of 2012, is hereby further amended by striking the last sentence of the first paragraph of section 5J, and replacing it with the following sentence:—

 

A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section, subsection (b) of section 5I, or section 5O, shall be punished by a fine of not less than $2500 for a first offense, by a fine of not less than $5000 for a second offense, and by a fine of not less than $10000 for a third or subsequent offense.

 

SECTION ___.  Section 5J of Chapter 18 of the general laws, as so appearing, is hereby amended by inserting after subsection (c), the following new subsections:—

 

(d) The department shall promulgate rules and regulations to increase the education of benefit recipients and retail vendors regarding: statutory requirements of An act relative to online payments for EBT cash recipients under sections 5I and 5J of this chapter; personal financial management, banking, and budgeting; and the online payment system outlined in Section 26A of this chapter.

 

SECTION ___.  Section 5N of Chapter 18 of the general laws, as so appearing, is hereby amended by inserting at the end thereof, the following new sections:—

 

Section 5O. (a) Notwithstanding any general or special law to the contrary, no later than

December 1, 2013, the department of transitional assistance shall establish and maintain an online application process for businesses wishing to apply to accept electronic benefit transfer cards at point of sale. All businesses that wish to accept electronic benefit transfer cards at point of sale shall apply online on the department’s website. The list of businesses that shall not be approved includes, but is not limited to those establishments detailed in subsection (a) of section 5J of this chapter.

 

(b) The online application shall require, at minimum, the following information: name of store or business, including if different, corporation name or doing business as name; full address of business; owner name, owner phone number and address; standard industrial classification code; and an explanation of the business conducted by the establishment which includes the type of goods or merchandise sold.

 

(c) The department shall continuously maintain a list of any business, including, at minimum, all associated information as defined by subsection (b), declined by the department from accepting electronic benefit transfer cards. The list shall be made public on a quarterly basis.

 

(d) The online application shall include, at minimum, the following questions: Are you SNAP authorized?; Is this establishment a tavern or restaurant, as defined in section 1 of chapter 138 of

the General Laws?; and, Have you ever been prohibited from accepting SNAP or electronic benefit transfer cards under any name?. The online application shall include instructions requiring the applicant to agree to the following statement in order to accept electronic benefit transfer cards at point of sale: “I agree to abide by all state and federal laws governing the SNAP and direct cash assistance programs. I agree to report fraud immediately to the department of transitional assistance.” The application shall be signed under the pains and penalties of perjury.

 

(e) Upon approval of the application, the department shall issue an authorization number to the owner of the business. The owner shall display said authorization number in an area conspicuous to customers of the business.

 

(f) Any store owner who knowingly accepts electronic benefit transfer cards without the approval of the department shall be subject to the fines and punishments outlined in subsection 5J of this chapter.

 

(g) The department shall promulgate all rules and regulations necessary to carry out this section.

 

Section 5P. 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 of transitional assistance shall identify all violators 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 ___.  Section 22 of chapter 18 of the general laws, as so appearing, is hereby amended by inserting at the end of the first paragraph, the following sentence:—

 

Self-declarations by applicants or recipients shall not be accepted as verification of categorical and financial eligibility during eligibility evaluations and reevaluations.

 

SECTION ___.  Chapter 18 of the general laws, as so appearing, is hereby amended by

inserting after section 26, the follow new section:—

 

Section 26A. (1)The department shall implement an online payment system accessible by computer or mobile device for cash assistance recipients to manage benefits and pay rent and utility bills by direct payment to a landlord or utility company by regularly deducting the amount of the rent or utility bill from the amount of the benefits otherwise payable to the recipient. The system shall, at minimum, allow recipients to track personal expenditures of cash assistance benefits, to view the balance of benefits received, and to orchestrate the direct regular payment of recipient rent and utility bills by the department. The department shall also consider including in the online payment system educational tools and suggestions regarding personal financial management, banking, and budgeting.

 

Whenever a determination is made that benefits have not been used in the best interest of the child or the assistance unit or other chronic misuse of benefits is occurring, the department shall manage the provision of benefits in the form of vendor payments with respect to rent and utilities. The department 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. Upon an affirmative finding of the mismanagement of benefits by a recipient, the department shall re-examine the eligibility of said recipient to receive benefits.

 

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 those households to the housing consumer education centers and community-based resources for assistance in meeting their expenses.

 

(2) No later than January 1, 2014, all cash assistance recipients shall have the option to manage benefits and pay rent and utility bills through the online payment system and shall receive cash assistance benefits equal to amount of the balance of benefits otherwise payable to the recipient following said online payments.

 

(3) No later September 1, 2014, all cash assistance recipients shall be required to pay rent and utility bills through the online payment system and shall receive cash assistance benefits equal to the amount of the balance of benefits otherwise payable to the recipient following said online payment.

 

(4) The department shall evaluate the online payment system and the number of recipients utilizing and not utilizing the system to pay rent and utility bills on a monthly basis. The department shall screen the households not utilizing the online payment system to determine if they have failed to pay rent and utilities and if they are using benefits in the best interest of the child or assistance unit. Following a determination of mismanagement of benefits, the department may reexamine recipient eligibility and investigate the possibility of eligibility fraud and shall manage the provision of benefits to said households in the form of vendor payments pursuant to subsection (1) of this section.

 

(5) The department shall promulgate all rules and regulations necessary to carry out this section.


Budget Amendment ID: FY2014-S3-642-R1

Redraft EHS 642

Human Service Salary Reserve

Ms. Spilka and Mr. Rodrigues and Ms. Lovely and Ms. Clark and Mr. Knapik and Ms. Jehlen and Messrs. Rosenberg, Michael O. Moore and Rush and Ms. Creem and Messrs. Downing, Montigny, Eldridge, Welch, Barrett, Keenan and McGee and Ms. Chang-Diaz moved that the proposed new text be amended in section 112, by inserting, in line 1540, after the words “section 3”, inserted by amendment 49, the following words:- “(iv) $11,500,000 to private human and social services providers for a one-time rate reserve payment; provided that the provisions of item 1599-6901 under chapter 139 of the acts of 2012 shall remain in effect in fiscal year 2014.”

 


Budget Amendment ID: FY2014-S3-643

EHS 643

Reduce Lottery Littering

Messrs. Hedlund, Tarr and Knapik moved that the proposed new text be amended by inserting after section ___, the following new sections:-

 

SECTION ___. The Massachusetts State Treasurers Office shall instruct the Massachusetts State Lottery to develop a second chance game involving all lottery tickets and scratch tickets that are not winners.  The purpose of the game is to increase the amount of scratch tickets and lottery tickets recycled and reduce the amount of scratch tickets and lottery tickets thrown away or littered.

 

SECTION ___. The second chance game must be operational no later than 180 days of the passage of this bill.


Budget Amendment ID: FY2014-S3-644

EHS 644

Prescription Drug Mandate

Messrs. Tarr and Knapik moved that the proposed new text be amended by inserting after section _ the following section:-

 

SECTION _. Section 1 of chapter 111M of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 46, at the end of the definition of the term “Creditable coverage” the following:-

 

Minimum creditable coverage, as defined by the board under the authority granted herein, shall not require coverage for prescription drugs.


Budget Amendment ID: FY2014-S3-645

EHS 645

Homeless Veterans

Messrs. DiDomenico, Donnelly and Brownsberger moved that the proposed new text be amended in section 2, in item 1410-0010, by adding at the end thereof the following: “and provided further, that not less than $90,000 shall be expended for support services for a transitional housing program for homeless veterans located in Chelsea, Massachusetts”; and in said item, by striking out the figures “$2,541,487” and inserting in place thereof the figures “$2,631,487”


Budget Amendment ID: FY2014-S3-646

EHS 646

DCF Fair Hearings

Messrs. Barrett and Rosenberg and Ms. Creem and Ms. Candaras and Mr. Brownsberger and Ms. Jehlen and Messrs. McGee and Rush moved that the proposed new text be amended in section 2, in item 4800-0015, by striking after “receive such services,” the following:-

“provided further, that the department shall report biannually to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the department’s policy and plan for eliminating its backlog of administrative hearing requests; provided further, that each report shall: (i) include a benchmark for the number of fair hearing requests to be closed in the upcoming quarter; and (ii) identify the number of fair hearing requests that are pending and the number of fair hearing requests that are pending for more than 180 days as of the conclusion of the most recent quarter; provided further, that for the purpose of this allocation only, "the department’s fair hearing backlog" shall mean those cases pending for more than 180 days from the date of the hearing request”

and inserting in place thereof the following:-

“provided further, that not later than September 13, 2013 the department shall promulgate and implement regulations which shall ensure that the department shall maintain a timely, independent and fair administrative hearing system; provided further, that the department shall report to the house and senate committees on ways and means and joint committee on children, families and persons with disabilities on December 31, 2013 and March 31, 2014,  a) on the fair hearing requests filed in FY 2014, stating for each hearing request using non-identifying information: 1) the subject matter of the appeal;  2) the number of days between the hearing request and the first day of the hearing;  3) the number of days between the first day of the hearing and the hearing officer’s decision;  4) the number of days between the hearing officer’s decision and the agency’s final decision ; 5) the number of days of continuance granted at the appellant’s request;  6) the number of days of continuance granted at DCF’s or the hearing officer’s request (specifying which);  7) whether the departmental decision that was the subject of the appeal was affirmed or reversed; and b) on fair hearing requests filed prior to fiscal year 2014 which are pending for more than 180 days stating the number of such cases, how many of them have been heard but not decided, and how many of them have been decided by the hearing officer but not yet issued as a final agency decision”


Budget Amendment ID: FY2014-S3-647

EHS 647

Catastrophic Illness in Children Relief Fund

Mr. Welch moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting at the end thereof the following: “; provided, that the department shall expend no less than $625,000 on the Catastrophic Illness in Children Relief Fund established in section 2ZZ of chapter 29 of the General Laws”

and by striking out the figure “$18,171,603” and inserting in place thereof the following figure:- “$18,796,603”


Budget Amendment ID: FY2014-S3-649

EHS 649

Providing Clarification on MassHealth Hospital Payments

Ms. Clark moved that the proposed new text be amended in section 2, in item 4000-0700, by adding at the end thereof the following: "; and provided further, that the executive office shall factor in no less than $51,000,000 in additional funding from this line-item, or item 4000-0500, for the purpose of improving hospital payment rates in fiscal year 2014; and provided further, the executive office shall not make any offsetting reductions to hospital payment rates and shall provide other customary payment rate adjustments to hospital reimbursement methodologies".


Budget Amendment ID: FY2014-S3-650-R4

4th Redraft EHS 650

Vietnam Veterans Moving Wall and World War I Memorial in Malden

Ms. Clark moved that the proposed new text be amended in section 2, in item 1410-1616, by adding at the end thereof the following:-

 

"; provided further, that no less than $15,000 shall be expended for the Vietnam Veterans Moving Wall project in Malden; and further by striking out the figure “$160,000” and inserting in place thereof the figure:- “$175,000”.


Budget Amendment ID: FY2014-S3-651-R1

Redraft EHS 651

EOHHS Cost of living for Martha's Vineyard and Nantucket

Mr. Wolf moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following: “; provided further, that the Executive Office of Health and Human Services and its agencies, when contracting for services on the islands of Martha’s Vineyard and Nantucket, shall take into consideration the increased costs associated with the provision of goods, services, housing, and travel costs associated with traveling to and from said islands."


Budget Amendment ID: FY2014-S3-652

EHS 652

Berkshire County Youth Development Program

Mr. Downing moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:-

"provided further that no less than $150,000 shall be expended for the Berkshire County Youth Development Program"


Budget Amendment ID: FY2014-S3-653

EHS 653

Amyotrophic Lateral Sclerosis Registry

Ms. Clark and Ms. Lovely and Mr. Joyce moved that the proposed new text be amended in section 2, in item 4510-3008, by striking out the figure "$125,049" and inserting in place thereof the following figure:- "$250,049".


Budget Amendment ID: FY2014-S3-653.1

Further EHS 653.1

Paul Cellucci ALS Registry

Ms. Murray and Messrs. Brewer and Tarr moved that the amendment be amended by adding the following words:- “and by inserting after section 31 the following section:-

"SECTION 31A. Section 25A of chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the seventh paragraph, and inserting in place thereof the following paragraph:-

The department of public health may establish an Amyotrophic Lateral Sclerosis registry, to be known as the Argeo Paul Cellucci Amyotrophic Lateral Sclerosis Registry, by areas and regions of the commonwealth, with specific data to be obtained from urban, low and median income communities and minority communities of the commonwealth.”


Budget Amendment ID: FY2014-S3-654-R1

Redraft EHS 654

Best Buddies Massachusetts

Ms. Spilka and Mr. Montigny and Ms. Lovely and Messrs. Wolf, Kennedy, McGee, Joyce and Knapik moved that the proposed new text be amended in section 2, in item 7010-0005, by inserting at the end thereof the following words:- "; provided, that not less than $50,000 shall be expended for the purpose of peer-to-peer inclusion programs for students with intellectual disabilities through Best Buddies Massachusetts";

and, in said section 2, in said item 7010-0005 by striking out the figure "$13,837,895" and inserting in place thereof the following figure:- "13,887,895".


Budget Amendment ID: FY2014-S3-655

EHS 655

Substance Abuse Services

Mr. Downing moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:-

"provided, that programs shall receive the same percentage of funding in fiscal year 2014 as received in fiscal year 2013"


Budget Amendment ID: FY2014-S3-656

EHS 656

Massachusetts Down Syndrome Congress

Ms. Clark and Mr. Rush and Ms. Spilka and Messrs. Donnelly and McGee moved that the proposed new text be amended in section 2, in item 5911-1003, by adding at the end thereof the following: "provided that $100,000 shall be expended for the Massachusetts Down Syndrome Congress, which may expend funds for programs including the printing and distribution of educational materials".


Budget Amendment ID: FY2014-S3-657

EHS 657

Unaccompanied Homeless Youth

Ms. Clark and Messrs. Rush and McGee moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following: “provided that $500,000 be expended for the work of the Massachusetts Unaccompanied Homeless Youth Commission to determine the scope of need among unaccompanied youth and young adults ages 24 and younger who are experiencing homelessness, and to identify and implement potential models for appropriate service delivery to unaccompanied homeless youth in urban, suburban, and rural areas of the Commonwealth”; and in said item, by striking out the figures "$88,105,815" and inserting in place thereof the figures "$88,605,815".


Budget Amendment ID: FY2014-S3-658

EHS 658

DCF Clinical Services

Ms. Candaras moved that the proposed new text be amended in section 2, in item 4800-0015, by striking out the figure “$68,828,898” and inserting in place thereof the following figure:- “$69,452,219”. 


Budget Amendment ID: FY2014-S3-659

EHS 659

Employment Services

Mr. DiDomenico and Ms. Creem and Mr. Welch and Ms. Spilka and Messrs. Eldridge and Brownsberger and Ms. Clark moved that the proposed new text be amended in section 2, in item 4401-1000, by adding at the end thereof the following: “and provided further, that not less than $794,000 shall be expended for programs operated through the Massachusetts Office of Refugees and Immigrants with whom the office entered into service agreements in fiscal year 2011”; and in said item, by striking out the figures “$4,284,733” and inserting in place thereof the figures “$5,078,733”


Budget Amendment ID: FY2014-S3-660

EHS 660

DDS Turning 22

Mr. Barrett and Ms. Candaras and Messrs. Brownsberger, Rodrigues and Knapik and Ms. Spilka and Messrs. Joyce, Moore, Eldridge, Finegold and Wolf and Ms. Clark moved that the proposed new text be amended in section 2, in item 5920-5000, by striking out the figure “$6,000,000” and inserting in place thereof the following figure:- “$8,000,000”.


Budget Amendment ID: FY2014-S3-661

EHS 661

DCF Family Stabilization and Support Services

Messrs. Barrett and Brownsberger and Ms. Chang-Diaz and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4800-0040, by inserting after the word “department” in line 3 the following: “; and pursuant to the intention of the Title IV-E waiver which will result in an estimated $5,000,000 in federal revenue for stabilization services;” and in said item by striking out the figure “$45,510,551” and inserting in place thereof the following figure:- “$48,000,000”.


Budget Amendment ID: FY2014-S3-662

EHS 662

Boys and Girls Clubs

Messrs. DiDomenico, Welch, Knapik and Kennedy and Ms. Candaras and Messrs. Wolf, Rodrigues and Brownsberger and Ms. Creem and Messrs. Eldridge and McGee and Ms. Clark and Mr. Donnelly and Ms. Spilka and Messrs. Michael O. Moore and Petruccelli and Ms. Donoghue and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the figures "$900,000" and inserting in palce thereof the following figures:- "$1,300,000"; and in said item, by striking out the figures "$2,950,000"  and inserting in place thereof the figures "$3,350,000"


Budget Amendment ID: FY2014-S3-663

EHS 663

Funding for Louis D Brown Peace Institute

Mr. Hedlund 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: FY2014-S3-664

EHS 664

Community Health Center Technical Assistance

Ms. Chang-Diaz and Messrs. Wolf and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4510-0110, , by inserting at the end thereof the following words:- 

 

“; provided 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 at 42 USC 254c(f)(1)”


Budget Amendment ID: FY2014-S3-665

EHS 665

Teen Living Shelter Program

Messrs. Finegold, Eldridge and Michael O. Moore and Ms. Spilka and Messrs. Brownsberger and McGee and Ms. Creem moved that the proposed new text be amended in section 2, in item 4403-2119, by striking out the figure "$9,194,372" and inserting in place thereof the following figure:- "$9,200,000".


Budget Amendment ID: FY2014-S3-666-R1

Redraft EHS 666

Early Intervention

Messrs. DiDomenico and Moore and Ms. Chang-Diaz and Messrs. Rodrigues and Brownsberger and Ms. Candaras and Ms. Clark and Messrs. Eldridge, Keenan, Kennedy and Knapik and Ms. Lovely and Mr. McGee and Ms. O'Connor Ives and Mr. Ross and Ms. Spilka and Messrs. Timilty, Welch and Wolf moved that the proposed new text be amended in section 2, in item 4513-1020, by inserting at the end thereof the following words: "provided further, that the department shall determine if it projects a surplus in this account on or before October 1, 2013; provided further that said surplus shall be used to fund early intervention program operating costs and expenses including but not limited to occupancy, personnel benefits, health insurance costs and salaries needed to recruit and retain certified early intervention specialists to preserve access to comprehensive early intervention services; and provided further, that no funds from this item shall revert and any surplus funds shall be used for said Early Intervention program operating costs"; and in said item by striking the figure “26,241,573” and inserting in place thereof the following figure:- “27,491,573” 


Budget Amendment ID: FY2014-S3-667

EHS 667

DTA Caseworkers

Mr. Barrett and Ms. Jehlen and Ms. Chang-Diaz and Messrs. Michael O. Moore and Eldridge moved that the proposed new text be amended in section 2, in item 4400-1100, by striking out the figure “$62,084,483” and inserting in place thereof the following figure:- “$65,297,173”.


Budget Amendment ID: FY2014-S3-669

EHS 669

Living Independently for Equality

Mr. Kennedy moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 4120-4000 the following item:

 

“xxxx-xxxx For Living Independently for Equality, Inc of Brockton ……………..$30,000”


Budget Amendment ID: FY2014-S3-670

EHS 670

Puerto Rican Veterans Monument

Ms. Chang-Diaz and Messrs. Michael O. Moore and McGee moved that the proposed new text be amended in section 2, in item 1410-1616, by adding after the words “Glory 54th Brigade” the following:- “; provided further, that not less than $100,000 shall be expended for the development and construction of a memorial in honor of Puerto Rican men and women who have served in the United States Armed Forces in every U.S. war and conflict from the Revolutionary War through the present day, upon a 100 per cent funding match from other public or private sources;” and in said item, by striking out the figure “$160,000” and inserting in the place thereof the following figure:- “$260,000”


Budget Amendment ID: FY2014-S3-671-R1

Redraft EHS 671

Citizenship Assistance Program

Ms. Creem and Messrs. Tarr, DiDomenico and Brownsberger moved that the proposed new text be amended in section 2, in item 4003-0122, by adding at the end thereof the following: “and provided further, that funds may be expended for the programmatic and administrative support of the agency’s refugee and immigrant services”


Budget Amendment ID: FY2014-S3-672

EHS 672

DDS Service Coordination and Administration account

Mr. Wolf moved that the proposed new text be amended in section 2, in item 5920-2010, by striking out the figure “63,942,324” and inserting in place thereof the following:- $64,742,324


Budget Amendment ID: FY2014-S3-673

EHS 673

Community Health Centers Grant Program

Ms. Chang-Diaz and Messrs. Knapik, Wolf, Michael O. Moore and Eldridge moved that the proposed new text be amended in section 2, in item 4510-0110, by inserting at the end thereof the following words:- “provided 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 at 42 USC 254c(f)(1)”; and in said item, by striking out the figure “$969,933” and inserting in place thereof the following figure:- “4,000,000”.


Budget Amendment ID: FY2014-S3-674

EHS 674

DTA Employment Services Program

Mr. Barrett and Ms. Creem and Mr. Brownsberger and Ms. Jehlen and Messrs. Eldridge,Michael O. Moore and McGee moved that the proposed new text be amended in section 2, in item 4401-1000, by striking out item 4401-1000 and inserting in place thereof the following item:-

 

“4401-1000 For employment and training services for recipients of benefits provided under the transitional aid to families with dependent children program; provided, that the young parent program shall receive not less than $3,447,571; provided further, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits; provided further, that certain parents who have not yet reached the age of 18, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income, shall be eligible to receive services; provided further, that not less than $50,000 shall be provided for learning disability assessments through the University of Massachusetts; provided further, that not less than $1,000,000 shall be expended for transportation benefits for recipients of transitional aid to families with dependent children; provided further, that not less than $794,000 shall be expended for programs operated through the office for refugees and immigrants; provided further, that not less than $100,000 shall be expended for the DTA Works internship program; provided further, that the department of transitional assistance shall file a report with the house and senate committees on ways and means not later than March 3, 2014; provided further, that the report shall include the number of clients served by these programs; provided further, that when applicable, the report shall include the number of clients who transition into employment, the number of clients who remain in employment after 90 days and the number of clients who remain in employment after 1 year; provided further, that the report shall include other quantifiable data related to client outcomes as designed by these programs; provided further, that the department shall examine the outcomes of these programs to determine which are effective in transitioning clients to employment and increased self-sufficiency; provided further, that the department shall consider other programs to meet transitional employment needs of clients; and provided further that $4,500,000 shall be expended for the competitive integrated employment service program………...$9,891,571”


Budget Amendment ID: FY2014-S3-675

EHS 675

Naturally Occurring Retirement Communities

Ms. Creem and Mr. Rush and Ms. Spilka, Ms. Jehlen and Ms. Lovely moved that the proposed new text be amended in section 2, in item 9110-1660, by striking out the figures “$1,872,626” and inserting in place thereof the figures “2,086,626” and in said item by inserting after the word “elderly” the following: “provided, that not less than $428,000 shall be expended from this item for providers of naturally occurring retirement communities with whom the department of elder affairs entered into service agreements with in fiscal year 2013 at proportions of total available funding equal to those provided in fiscal year 2013 and further;


Budget Amendment ID: FY2014-S3-676

EHS 676

DTA Employment and Training Services

Ms. Creem and Ms. Spilka and Messrs. Barrett and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4401-1000, by striking the figure $460,966 and inserting in place thereof the figure $1,000,966 and by striking the figure $4,284,733 and inserting in place thereof the figure $4,824,733.


Budget Amendment ID: FY2014-S3-677

EHS 677

Critical Access Hospitals - GIC

Messrs. Wolf and Downing moved that the proposed new text be amended by inserting, after section ___, the following new section:-

Section XX Section 253 of Chapter 224 of the Acts of 2012 is hereby amended in line 6805 by inserting after the word "services," the following: "group insurance commission,".


Budget Amendment ID: FY2014-S3-678

EHS 678

Food Protection Program

Ms. Creem and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 4408-1000 the following item:

 

4510-0020

For the department of public health, which may expend not more than $233,000 in revenues collected from fees charged by the food protection program for program costs of the food protection program; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenue and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system.......................$233,000


Budget Amendment ID: FY2014-S3-679

EHS 679

Critical Access Hospitals - adjustment

Messrs. Wolf and Downing moved that the proposed new text be amended in section 2, in item 4000-0300, in line 63, by inserting after "increases;" the following: "provided further, that the executive office shall implement, in its entirety and without being subject to adjustment for the entire fiscal year, Section 253 of Chapter 224 of the Acts of 2012 for its managed care and primary care clinician programs;".


Budget Amendment ID: FY2014-S3-680

EHS 680

Elder Protective Services Commission

Ms. Jehlen moved that the proposed new text be amended Chapter 139 of the acts of 2012 is hereby amended by striking out section 204 in its entirety and inserting in place thereof the following section:-

SECTION 204. There shall be a special commission to make an investigation and study of elder protective services and to make recommendations to enhance said services where appropriate and necessary. The special commission shall consist of the house and senate chairs of the committee on elder affairs, or their designees, who shall serve as co-chairs; the secretary of elder affairs, or a designee; the commissioner of public health, or a designee; the attorney general, or a designee; a district attorney as designated by the Massachusetts District Attorneys Association; the president of the Massachusetts Chiefs of Police Association, or a designee; the executive director of the Massachusetts Association of Home Care Programs, or a designee; the head of the elder, health and disability unit of Greater Boston Legal Services, Inc., or a designee; the state director of AARP Massachusetts, or a designee; the executive director of the Massachusetts Association of Councils on Aging Inc., or a designee; the executive director of Jane Doe, Inc., or a designee; the executive director of the Massachusetts office of victim assistance, or a designee; the president of the Alzheimer’s Association, or a designee; and 5 members appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who practices in the area of elder law, 1 of whom shall be an expert in financial services, 1 of whom shall be a representative of a visiting nurse association, 1 of whom shall be an expert in geriatric mental health, and 1 of whom shall be chosen from a list consisting of 2 candidates submitted by the speaker of the house and 2 candidates submitted by the senate president.

The commission shall examine strategies to increase public awareness of elder abuse and mechanisms for reporting said abuse. The commission shall assess the funding and programming needed to enhance elder protective services to the growing elder population and examine best practices for the prevention and detection of elder abuse. The commission shall also examine methods for addressing the high cost of financial exploitation investigations and expanding the availability of affordable legal services and financial advisory services for elders. The commission shall also examine the development of elder abuse multidisciplinary teams to provide consultation on protective services cases and perform critical incident case reviews.

The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions, including, but not limited to, those relating to elder abuse prevention strategies. The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums as it considers necessary.

The commission shall file its recommendations, together with recommendations for legislation, if any, with the clerks of the house of representatives and senate on or before December 31, 2013.


Budget Amendment ID: FY2014-S3-681

EHS 681

Nightly Shelter Rate

Ms. Candaras and Messrs. Brownsberger, Donnelly, Keenan, Kennedy and Knapik moved that the proposed new text be amended in section 2, in item 7004-0102, by striking out, after the word “of”, the following figure:- “$25” and inserting in place thereof the following figure:- “$30”; and

by striking out the figure “$40,250,335” and inserting in place thereof the following figure:-  “$44,047,646”


Budget Amendment ID: FY2014-S3-682

EHS 682

Office of Health Equity

Ms. Chang-Diaz and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the words “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: FY2014-S3-683

EHS 683

HIV/AIDS

Mr. Wolf and Ms. Candaras and Messrs. Brownsberger and McGee moved that the proposed new text be amended in section 2, in item 4512-0103, by striking the number “$32,108,793” and inserting in place thereof the figure “$33,108,793”.


Budget Amendment ID: FY2014-S3-685

EHS 685

Public Health Hospitals

Messrs. Finegold and Joyce and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 4590-0915, by striking out the figure “$146,044,923” and inserting in place thereof the following figure:- “$148,879,167”.


Budget Amendment ID: FY2014-S3-686-R1

Redraft EHS 686

Domestic Violence Support Services

Ms. Candaras, Mr. Welch, Ms. Clark and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4800-1400, by inserting after the word “women” the following words:- "; provided further, that the department shall allocate $1,200,000 to contract with said emergency shelters  to provide an additional 12 rooms; provided further, that not later than September 1, 2013 the executive office of health and human services shall report to the house and senate committees on ways and means on the estimated allocation of funds in fiscal year 2014 for each contracted shelter funded from this item; and

by striking out the figure:- “$21,630,532” and  inserting in place thereof the following figure “$22,830,532”


Budget Amendment ID: FY2014-S3-688-R1

Redraft EHS 688

Family Services / Family Planning

Mr. Wolf and Ms. Candaras and Mr. DiDomenico and Ms. Clark, Ms. Jehlen and Ms. Chang-Diaz and Messrs. Barrett, Brownsberger, Donnelly, Rodrigues, Michael O. Moore, Timilty and Eldridge and Ms. Spilka and Ms. Creem moved that the proposed new text be amended in section 2, in item 4513-1000, by  striking the figures,  “$4,671,112 ” and inserting in place thereof the following figure, “$5,171,112”


Budget Amendment ID: FY2014-S3-690

EHS 690

Reducing the Administrative Costs of Health Care

Ms. Candaras and Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following: "provided further that not more than $9,000,000 shall be allocated for the expenses of the administration of the Health Safety Net Office.”

 

And further moves to strike Sections 77, 79, 80 and 81 in their entirety.

 

And further moves to strike Section 78 in its entirety and insert in its place the following:

 

SECTION 78. Said chapter 118E is hereby further amended by striking out section 66, as so appearing, and inserting in place thereof the following section:-

 

Section 66. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Health Safety Net Trust Fund, in this section and in sections 67 to 69, inclusive, called the fund, which shall be administered by the Health Safety Net Office, hereinafter the office. Expenditures from the fund shall not be subject to appropriate on unless otherwise required by law. The purposes of the fund shall be: (i) to maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; and (ii) to support a portion of the costs of the Medicaid program under this chapter and the commonwealth care health insurance program under chapter 118H. The office shall administer the fund using methods, policies, procedures, standards and criteria for the proper and efficient operation of the fund and programs funded by it in a manner designed to distribute the fund resources as equitably as possible. The secretary of administration and finance, in consultation with the secretary of health and human services, shall determine annually the estimated expenses to administer the fund.

 

(b) The fund shall consist of all amounts paid by acute hospitals and surcharge payors under sections 67 and 68, all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents, any transfers from the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29, and all property and securities acquired by and through the use of monies belonging to the fund and all interest thereon. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents of the commonwealth, consistent with the requirements of this section and section 69 and the regulations adopted by the office. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of  $160,000,000, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid and commonwealth care health insurance programs. Any annual balance remaining in the fund after these payments have been made shall be transferred to the Commonwealth Care Trust Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time to time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.


Budget Amendment ID: FY2014-S3-691

EHS 691

High Complexity Pediatric Care in the MassHealth Program

Mr. Kennedy and Ms. Clark and Messrs. Rodrigues, Barrett and Rush moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following:-

 

 

“provided further, that in calculating rates of payment for children enrolled in MassHealth receiving inpatient and outpatient services at acute care pediatric hospitals and pediatric specialty units as defined in section 8A of Chapter 118E of the General Laws, the executive office shall provide additional reimbursement to the pediatric hospital in the Commonwealth, above the base rates, to compensate for high-complexity pediatric care in an amount no less than $11,800,000 and to the pediatric specialty unit in the Commonwealth in an amount no less than $3,000,000;”


Budget Amendment ID: FY2014-S3-692

EHS 692

Massachusetts Nursing Home Care

Messrs. Kennedy, Timilty, Rush, Knapik, Michael O. Moore and Welch and Ms. Candaras and Ms. Chang-Diaz and Messrs. Rodrigues, Barrett, Wolf, Donnelly and Finegold and Ms. Lovely, Ms. Spilka and Ms. Creem and Mr. Joyce and Ms. Donoghue and Mr. Tarr and Ms. Clark and Messrs. Keenan, Brownsberger, Eldridge and McGee moved that the proposed new text be amended in section 2, in item 4000-0640, by adding at the end thereof the following: -

 

“provided further that effective July 1, 2013 for the fiscal year ending June 30, 2014, the executive office of health and human services shall establish nursing facility MassHealth rates that fully recognize the Medicaid share of the nursing home assessment established by section 63 of chapter 118E of the General Laws.”


Budget Amendment ID: FY2014-S3-693

EHS 693

Mass Commission for the Deaf and Hard of Hearing Funding

Ms. Jehlen and Messrs. Knapik and Barrett moved that the proposed new text be amended in section 2, in item 4125-0100, by striking out the figure “$5,548,474” and inserting in place thereof the figure:-

“$5,638,374”.


Budget Amendment ID: FY2014-S3-695

EHS 695

Safe and Successful Youth Initiative

Ms. Chang-Diaz and Messrs. Donnelly, Rodrigues, Finegold,Michael O. Moore and DiDomenico and Ms. Candaras and Messrs. Knapik, Welch, Kennedy, Brownsberger and Montigny and Ms. Donoghue and Messrs. Eldridge and McGee moved that the proposed new text be amended in section 2, in item 4000-0005, by striking the figure “4,000,000” and inserting in place thereof the following figure:- “10,000,000”


Budget Amendment ID: FY2014-S3-696

EHS 696

Square One

Ms. Candaras and Messrs. Welch, Knapik and Finegold moved that the proposed new text be amended in section 2, in item 4590-1507, by adding at the end therefor the following: “provided further, that not less than $200,000 shall be expended for the Square One  in the City of Springfield”


Budget Amendment ID: FY2014-S3-697

EHS 697

ACA Expansion

Ms. Jehlen and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4000-0940, by striking out the figure “$453,877,324” and inserting in place thereof the figure:-

“$460,907,878”.


Budget Amendment ID: FY2014-S3-698

EHS 698

Train Vets to Treat Vets Program

Mr. Rush and Ms. Clark and Messrs. Donnelly, DiDomenico and Knapik and Ms. O'Connor Ives and Messrs. Montigny, Michael O. Moore, Keenan and McGee and Ms. Spilka and Mr. Tarr moved that the proposed new text be amended in section 2, in item 1410-0075, by striking the figure “$125,000” and inserting in place thereof the following figure:- “$250,000”


Budget Amendment ID: FY2014-S3-699

EHS 699

Tobacco Cessation

Messrs. Rush, Montigny, Brownsberger, Keenan and Eldridge and Ms. Clark moved that the proposed new text be amended in section 2, in item 4590-0300, by striking the figure “$4,018,489” and inserting in place thereof the following figure:- “$8,500,000”


Budget Amendment ID: FY2014-S3-700

EHS 700

Violence Prevention Grants

Ms. Chang-Diaz and Ms. Clark and Messrs. Knapik and DiDomenico moved that the proposed new text be amended in section 2, in item 4590-1506, by striking out the figure “$1,501,220” and inserting in place thereof the following figure:- “2,000,000”


Budget Amendment ID: FY2014-S3-701-R3

3rd Redraft EHS 701

Juvenile Mental Health

Ms. Candaras and Ms. Lovely moved that the proposed new text be amended in section 2E, in item 1595-1068, by striking the figure “$308,050,000” and inserting in place thereof the figure “312,050,000” and by striking the figure “$154,025,000” and inserting in place thereof the figure “$156,025,000” and by striking the figure “$392,000,000” and inserting in place thereof the figure “$394,000,000".


Budget Amendment ID: FY2014-S3-702

EHS 702

Adult Foster Day Care

Mr. McGee and Ms. Jehlen and Messrs. Joyce, DiDomenico, Keenan, Rodrigues and Knapik and Ms. Spilka and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0600, Mr. McGee moved that the bill be amended, in section 2, in item 4000-0600, by inserting after the words “poverty level”, the following: “provided further the Executive Office of Health and Human Services shall complete a rate review of the MassHealth payment rates for Adult Foster Care services and propose revised rates for Adult Foster Care program that are effective December 1, 2013, and submit a report to the House and Senate Ways and Means Committee regarding said review by December 31, 2013.”


Budget Amendment ID: FY2014-S3-703-R1

Redraft EHS 703

Youth At-Risk Job Programs

Ms. Chang-Diaz and Messrs. Wolf, Donnelly and DiDomenico and Ms. Clark and Messrs. Knapik, McGee, Michael O. Moore and Eldridge and Ms. Creem moved that the proposed new text be amended in section 2, in item 7002-0012, by striking out the figure “8,000,000” and inserting in place thereof the figure:- “9,000,000”


Budget Amendment ID: FY2014-S3-704

EHS 704

Hospital Medicaid Reimbursement

Ms. Candaras moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end the following words:- "provided further, that effective January 1, 2014 the executive office shall use the most current and best available data in developing inpatient and outpatient hospital reimbursement rates; provided further, that the executive office shall calculate the inpatient efficiency standard based on the 90th percentile of total statewide hospital discharges; provided further, that the executive office shall provide an inpatient and outpatient rate adjustment for disproportionate share hospitals of 5% in addition to the base rate."


Budget Amendment ID: FY2014-S3-705

EHS 705

Autism Support Centers

Messrs. McGee, Keenan, Barrett and Finegold and Ms. Lovely moved that the proposed new text be amended in section 2, in item 5920-3010, Mr. McGee moved that the bill be amended, in section 2, in item 5920-3010, in line 2, by adding the following: “provided that $1,613,086 shall be used for staffing of autism support centers statewide” ; and in said item, by striking out the figure “$4,613,086” and inserting in place thereof the following figure: “$5,063,086”.


Budget Amendment ID: FY2014-S3-706

EHS 706

State Operated Residential Services

Ms. Candaras and Mr. Knapik moved that the proposed new text be amended in section 2, in item 5920-2010, by striking out the figure “189,938,363” and inserting in place thereof the following:- "$191,438,363"


Budget Amendment ID: FY2014-S3-707

EHS 707

Department of Mental Health Adequate Community Services

Mr. Tarr moved that the proposed new text be amended in section 2, in item 5095-0015, by adding at the end thereof the following:-

"provided, that the department shall identify individuals in its facilities who should be ready for discharge if there were adequate community services available to support such individuals in community settings; provided further, that the department shall develop an analysis detailing the number of such individuals, the average time they have been ready for discharge, the time they are likely to wait before discharge, the cost of providing the necessary service for them to be supported in the community, the potential sources of funding to meet that cost, and any impediments for such discharges; provided further, that such analysis shall be filed with the clerks of the house and senate and the house and senate committees on ways and means not later than January 1, 2014."


Budget Amendment ID: FY2014-S3-708

EHS 708

Girls Inc. Teen Pregnancy Prevention

Mr. McGee moved that the proposed new text be amended in section 2, in item 4530-9000, Mr. McGee moved that the bill be amended, in section 2, in item 4530-9000, by adding the following words:- “provided further, that no less than $25,000 shall be provided to Girls Inc. of Lynn for teen pregnancy prevention.”


Budget Amendment ID: FY2014-S3-709

EHS 709

Children's Autism Medicaid Waiver

Ms. Creem and Messrs. Brownsberger, DiDomenico, Knapik, Kennedy and Joyce and Ms. Lovely and Messrs. Michael O. Moore and Barrett and Ms. Clark and Messrs. Eldridge and McGee and Ms. Spilka and Mr. Wolf moved that the proposed new text be amended in section 2, in item 5920-3010, by striking out the figure“$3,000,000” and inserting in place thereof the following figure:-“$5,000,000”; and in said item by inserting after the words “under said waiver” the following words:- “, including but not limited to establishing two regularly scheduled enrollment periods per year; provided further that the department shall take all steps necessary to increase capacity of the program to 500 children by July of 2016, subject to appropriation;”; and in said item by striking out the figure “$4,613,086” and inserting in place thereof the figure:- “$6,613,086” 


Budget Amendment ID: FY2014-S3-710

EHS 710

Teen Empowerment

Ms. Jehlen and Messrs. Brownsberger and Donnelly moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the words “that each organization previously included in the youth-at-risk grants shall receive in fiscal year 2014 a grant in an amount not less than that received in fiscal year 2013” and inserting in place thereof the following words:-

“that the department of public health shall award not less than $100,000 to the Center for Teen Empowerment, Inc.”;

and in said item by striking out the figure “$2,950,000” and inserting in place thereof the figure:-

“$3,050,000”.


Budget Amendment ID: FY2014-S3-712

EHS 712

Neonatal Intensive Care Unit

Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following words:- "and provided further, that the Office of Medicaid, in calculating rates of inpatient and outpatient services for neonatal intensive care units (NICU) with at least 55 licensed beds within an acute hospital that has at least 109 pediatric intensive NICU licensed beds shall provide an additional reimbursement to the hospital above the base rates to compensate for high complexity care in an amount no less than $950,000."


Budget Amendment ID: FY2014-S3-713

EHS 713

Boston Emergency Preparedness

Messrs. Rush and Brownsberger moved that the proposed new text be amended in section 2, in item 4516-1010, by adding at the end thereof the following: “provided further, that not less than $1,000,000 shall be expended to the City of Boston’s Public Health Department for emergency preparedness and ambulance services at public events"; and in said item, by striking the figure “2,200,257“ and inserting in place thereof the figure “3,200,257“


Budget Amendment ID: FY2014-S3-714-R1

Redraft EHS 714

AED Trust Fund

Messrs. Richard T. Moore, Brownsberger and Montigny moved that the proposed new text be amended in section 2, by inserting after item 1599-7104 the following item:

xxxx-xxxx  For a reserve for 1-time grants for the purchase of automated external defibrillators, with possible applicants to include municipalities and school districts, including regional school districts, for use in schools, senior centers or senior housing complexes; provided, that grants shall be made available in the form of 50 per cent matching grants to be administered by the executive office of public safety and homeland security; provided further, that grants may include matching funds for training in the use of such equipment and cardio-pulmonary resuscitations; provided further, that local matching funds may be provided through the municipality or school district by local appropriation or through donations from non-profit organizations or individual, corporate or foundation gifts; and provided further, that nothing contained herein shall limit the ability of the executive office of public safety and homeland security to obtain the equipment through a bulk purchase arrangement to maximize the number of grants that may be made through these funds……………………$500,000


Budget Amendment ID: FY2014-S3-715

EHS 715

Center for Health Information and Analysis

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 4100-0060, by inserting at the end thereof the following:-

 

"; provided further, that in calculating the assessed amount on certain health care providers and surcharge payors to fund the expenses of the center, the center shall assume that no less than 33.3 percent of the center's expenses and fringe benefits are funded by the commonwealth, including filing fees; fees and charges generated by publications or dissemination of reports and information; and federal financial participation received by the commonwealth for services provided by the center."


Budget Amendment ID: FY2014-S3-716

EHS 716

Childhood Vaccine Program

Mr. Richard T. Moore moved that the proposed new text be amended by inserting at the end thereof the following new sections:-

 

SECTION X. The General Laws are hereby amended by inserting after chapter 118H the following chapter:-

 

Chapter 118I

 

Childhood Vaccine Program

 

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Children”, individuals less than 19 years of age.

 

“Estimated vaccine cost”, the estimated cost over the course of a fiscal year for the purchase, storage and distribution of vaccines for all children in the commonwealth.

 

“Payments Subject to Surcharge”, as defined in section 64 of chapter 118E.

 

“Routine childhood immunizations”, immunizations for children until their nineteenth birthday including, but not limited to: (1) the immunizations recommended by the federal Vaccines for Children Program; and (2) any immunizations recommended by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services.

 

“Surcharge payors”, those entities defined as surcharge payors under section 64 of chapter 118E, who made payments subject to surcharge of $1,000,000 or more during the most recent period for which data is available on July 1 of the current fiscal year.

 

“Total non-federal program cost”, the estimated annual cost of vaccines needed for routine childhood immunizations for children covered by surcharge payors in the commonwealth less the amount of federal revenue available to the commonwealth for purchase, storage, distribution and administration of such vaccines.

 

Section 2. There shall be established in the commonwealth a separate trust fund to be known as the Vaccine Purchase Trust Fund to support a universal purchase system for childhood vaccines in the commonwealth. The fund shall be expended to cover the costs to purchase, store and distribute vaccines for routine childhood immunizations and to administer the fund and the immunization registry, established under section 24M of chapter 111. The fund shall consist of all monies paid to the commonwealth under section 4 and any interest earnings on such monies. The fund shall be maintained by the commissioner of public health or a designee. The monies shall be expended under the direction of the department of public health, without prior appropriation, solely to cover total non-federal program costs; provided, however, that the amount to be expended for storing and distributing vaccines for routine childhood immunizations, if such costs are not covered by federal contribution, and for the costs of administering the immunization registry, shall not exceed 10 per cent of the total amount of the fund expended for the purchase of vaccines needed for routine childhood immunizations for all children in the commonwealth. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. The commissioner of public health or a designee shall report annually to the house and senate committees on ways and means and the house and senate chairs of the joint committee on health care financing the amount of funds collected and any expenditures made from the fund.

 

Section 3. There shall be a vaccine purchase advisory council consisting of the commissioner of public health or a designee, who shall serve as chair; the medical director of the universal immunization program of the department of public health established under section 24I of chapter 111; the executive director for the center for health information and analysis or a designee; the executive director of the commonwealth health insurance connector authority or a designee; 3 persons to be appointed by the commissioner of insurance, each of whom shall be a representative of 1 of the 3 health insurance companies having the most insured lives in the commonwealth; and 8 persons to be appointed by the commissioner of public health, 1 of whom shall be a representative of an employer that self-insures for health coverage who shall be appointed from lists of nominees submitted by statewide associations of employers, 1 of whom shall be a representative of the pharmaceutical manufacturing industry with expertise in researching, developing and manufacturing vaccines, 1 of whom shall be a member of the Massachusetts Medical Society, 1 of whom shall be a member of the Massachusetts chapter of the American Academy of Pediatrics, 1 of whom shall be a member of the Massachusetts Academy of Family Physicians, and 3 of whom shall be physicians licensed to practice in the commonwealth and who shall have expertise in the area of childhood vaccines. The council shall recommend the types of vaccines to be purchased based on a list of routine childhood immunizations and shall take into account provider preference, cost, availability and other factors as determined by the council. The council shall recommend the amount of funding needed each fiscal year by calculating the total non-federal program cost. The commissioner of public health shall determine the final vaccines to be purchased.

 

Section 4. Under regulations adopted by the commissioner of public health, each surcharge payor in the commonwealth shall pay to the commissioner of public health, for deposit in the Vaccine Purchase Trust Fund, a routine childhood immunizations surcharge assessed by the commissioner. By January 1 of each year, the commissioner of public health shall determine the total amount of such surcharge for the following fiscal year by determining the final amount required to be included in the Vaccine Purchase Trust Fund for the following fiscal year to cover the estimated costs to purchase, store and distribute vaccines for routine childhood immunizations and to administer the fund and the immunization registry, established under section 24M of chapter 111. Such amount shall exclude any costs anticipated to be covered by federal contribution, shall take into consideration the limitations on expenditures described in Section 2, and shall take into account any anticipated surplus or deficit in the trust fund. Such amount shall not be more than 4 per cent greater than the surcharge amount for the prior fiscal year unless the commissioner of public health submits 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 vaccine purchase advisory council, such report shall include an analysis of cost savings generated by use of the state vaccine purchasing discount.

 

The commissioner shall annually provide surcharge payors notice of the assessment amount for the trust fund year not later than March 1. Surcharge payors shall pay the surcharge on a schedule determined by regulation, provided that such schedule shall ensure sufficient funds for the trust fund to fulfill the purposes described in section 2. Each surcharge payor shall pay a portion of the total amount of the surcharge proportional to their payments subject to rurcharge during the most recent period for which data is available, as further defined in regulation.

 

Section 5. The department of public health may adopt rules and regulations as necessary to implement the universal purchase and distribution system under this chapter and other applicable state and federal laws. The rules and regulations shall establish the system by which vaccines are distributed for children in the commonwealth.

 

Section 6. Every surcharge payor, to the extent not preempted by federal law, shall provide benefits for: (i) routine childhood immunizations for residents of the commonwealth; and (ii) immunizations for residents of the commonwealth who are 19 years of age and older according to the most recent schedules recommended by the Advisory Committee on Immunization Practices of the United States 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.

 

SECTION X. Notwithstanding any general or special law to the contrary, in fiscal year 2015, the commissioner of public health shall not increase the total amount of the routine childhood immunizations surcharge more than 7 per cent over item 4580-1000 in the fiscal year 2014 general appropriations act, plus any supplemental fiscal year 2014 funding to said item 4580-1000, unless the commissioner of public health submits a detailed report to the legislature explaining the need for such increase; and provided further, that in state fiscal year 2016, the commissioner of public health shall not increase the total amount of the surcharge more than 7 per cent over the fiscal year 2015 surcharge amount unless the commissioner of public health submits a detailed report to the legislature explaining the need for such increase.

 

SECTION X. The routine childhood immunizations surcharge assessment required under section 4 of chapter 118I of the General Laws shall take effect on July 1, 2014.


Budget Amendment ID: FY2014-S3-717-R2

2nd Redraft EHS 717

Services in the Department of Mental Health

Messrs. Pacheco and Keenan and Ms. Spilka and Ms. Jehlen and Messrs. Montigny and Wolf and Ms. Creem and Messrs. Kennedy, Timilty and Donnelly and Ms. Lovely and Messrs. Brownsberger, Joyce and Rodrigues and Ms. Chandler and Messrs. Michael O. Moore and Ross and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 5095-0015, by inserting after the words “state hospital;” the following words:-

“; provided further, that $100,000 shall be allocated for the consultant hired by the advisory committee established in section 186 of chapter 139 of the acts of 2012; provided further, that the consultant shall submit a report to the house and senate committees on ways and means and the joint committee on mental health and substance abuse not later than March 1, 2014 providing recommendations on the potential future use of the Cain building at Taunton state hospital or elsewhere in the southeast area for purposes which shall include, but shall not be limited to: (i) the development of state-operated pilot crisis stabilization units which would be fully operational 24 hours a day, 7 days a week and would provide evaluation, stabilization and referral to behavioral health patients who may otherwise be boarded in emergency rooms or spend longer periods in continuing and acute care units in the southeast area; (ii) the development of a pilot program for non-violent offenders with mental health diagnoses currently serving their sentences in state or county correctional facilities; (iii) the development of a pilot program for females committed under section 7 of chapter 111B of the General Laws or section 35 of chapter 123 of the General Laws who are evaluated as having co-occurring mental health and substance abuse disorders; (iv) the development of inter-agency coordination between any and all state agencies, authorities, departments or programs currently providing services or benefits to individuals who would be deemed eligible for any of the above pilot programs, with particular attention to the coordination of services between the department of mental health, the department of public health, the department of correction, county correctional facilities and the trial court; (v) the availability of existing resources, including the Cain building at Taunton state hospital or elsewhere in the southeast area to address gaps in behavioral or mental health services for southeast area residents as well as inmates or individuals receiving court-ordered treatment; and (vi) the projected costs and benefits of each of the above pilot programs; and provided further, that Taunton state hospital shall in no case become a department of corrections facility”; and

by striking the following: “and provided further, that the department shall maintain and operate these beds until the commission established in section 186 of chapter 139 of the acts of 2012 submits its report to the General Court” and inserting in place thereof:- “and provided further, that the department shall maintain and operate these beds until June 30, 2014” and

 

 

in said section 2, in said item 5095-0015, by striking out the figure “$173,395,002” and inserting in place thereof the following:- “$173,495,002”; and

by inserting after section 99 the following section:-

SECTION 99A. Section 186 of said chapter 139 is hereby amended by striking out the words “on or before December 31, 2013”.


Budget Amendment ID: FY2014-S3-718-R1

Redraft EHS 718

Telehealth

Messrs. Richard T. Moore, Donnelly, Downing and Tarr moved that the proposed new text be amended in section 2, in item 4000-0300, by adding 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; and provided further, that the funds authorized herein for telehealth reimbursement shall be short-term reimbursement made through MassHealth".


Budget Amendment ID: FY2014-S3-719

EHS 719

Cost and Market Impact Reviews

Mr. Richard T. Moore moved that the proposed new text be amended by inserting at the end thereof the following new section:-

 

SECTION X. Section 13(c) of chapter 6D is hereby amended by adding at the end thereof the following three sentences:-

"The commission may require that any provider, provider organization or payer submit documents and information in connection with a notice of material change or a cost and market impact review under this section.  The commission shall keep confidential all nonpublic information and documents obtained under this section and shall not disclose the information or documents to any person without the consent of the provider or payer that produced the information or documents except in a preliminary report or final report under this section if the commission believes that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anti-competitive considerations.  The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66."


Budget Amendment ID: FY2014-S3-721-R1

Redraft EHS 721

Infrastructure and Capacity Building Grant

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 7002-0021, by inserting at the end thereof the following:- "; provided further, that not less than $1,500,000 shall be provided to the town of Webster to support emergency department capacity in that town; provided, however, that such funds shall be provided only if such funds will be matched by an equal or greater amount of private funds"


Budget Amendment ID: FY2014-S3-722

EHS 722

School Based Health Centers

Messrs. Moore and Downing and Ms. Jehlen and Messrs. Joyce and Eldridge and Ms. Clark and Messrs. Kennedy, Rush and Timilty and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 4590-0250, by striking out the figure "$11,200,000" and inserting in place thereof the following figure:- "$12,900,000".


Budget Amendment ID: FY2014-S3-723-R1

Redraft EHS 723

Protecting Child and Adolescent Mental Health Beds

Messrs. Keenan and Joyce moved that the proposed new text be amended be amended by inserting after Section ____, the following new Section:-

 

"Section ____. The Center for Health Information and Analysis shall conduct an assessment of existing public and private acute care behavioral health services for children and adolescents. Said assessment shall include the need for acute inpatient beds/care for children and adolescents including seasonal fluctuations; the types and number of acute care placements available; the number of children who are turned away, or are waiting for inpatient beds including those stuck in inappropriate placements( including emergency departments, medical and surgical beds and home); the rates paid for said services by public and private payors; the adequacy of these rates to enable providers to support the unique needs of children and adolescents.

 

In formulating said assessment The Center shall consult with the Department of Mental Health, Mass Health, the Department of Public Health, the Division of Insurance, service providers, families of children with mental health conditions and other stakeholders.

 

The report on the assessment shall contain recommendations for establishing and maintaining an adequate number of placements, strategies for addressing seasonal fluctuations and whether any inadequacy in these rates is indicative of a violation of mental health parity laws.

 

A report of the assessment shall be filed with the clerk of the House of Representatives and the clerk of the Senate Not later than October 31, 2013.

 


Budget Amendment ID: FY2014-S3-724

EHS 724

Distressed Community Health Centers

Ms. Chang-Diaz and Mr. Michael O. Moore moved that the proposed new text be amended by inserting after section __ the following new section:-

“Section __. (a)Section 2GGGG of chapter 29 is hereby amended by striking out the words "Distressed Hospital", and inserting in place thereof the following words:- “, Distressed Hospital and Distressed Community Health Center.”

(b) clause (c) of said Section 2GGGG is hereby amended by adding inserting at the end of subsection (6) the following words:- “, and (7) to strengthen the primary care provider network.

(c) clause (d) of said Section 2GGGG is hereby amended by striking out the words "The commission shall annually award a grant by a competitive grant process to qualified acute hospitals", and inserting in place thereof the following words:- “, The commission shall annually award a grant by a competitive grant process to qualified acute hospitals and community health centers"

(d) clause (e) of said Section 2GGGG of chapter 29, is hereby amended by striking out the words "acute hospitals", and inserting in place thereof the following words:- “, acute hospitals and community health centers”