Budget Amendment ID: FY2015-S4-671
EHS 671
PMP
Messrs. Keenan and Downing moved that the proposed new text be amended in section 2, in item 4510-0710, moved that the bill be amended in section 2, in item 4510-0710, by adding the following words:- “; provided further, that not less than $3,747,500 shall be expended for the advancement of the Massachusetts prescription drug monitoring program and the development of prescription drug monitoring information exchange architecture to support interstate prescription drug monitoring data sharing; and provided further, that funds shall be expended for the full implementation of practitioner, physician assistant, and registered nurses authorized by the board of registration in nursing to practice in advanced practice nursing roles onboarding pursuant to section 7A of chapter 94C of the General Laws”;
and in said section 2, in said item 4510-0710 by striking out the figure “$7,803,178” and inserting in place thereof the following figure:- “$11,550,678”.
Budget Amendment ID: FY2015-S4-672
EHS 672
Best Buddies
Mr. Montigny moved that the proposed new text be amended in section 2, in item 5911-1003, moved that the bill be amended in section 2, in item 5911-1003, “provided further, that not less than $100,000 shall be expended for the Best Buddies peer to peer mentoring program for intellectually challenged individuals.”
Budget Amendment ID: FY2015-S4-673-R1
Redraft EHS 673
Higher Education Veteran Health Services Council
Messrs. Rush and DiDomenico and Ms. Donoghue moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:-
"SECTION __. (a) There is hereby established the Massachusetts Higher Education Veteran Health Services Council, consisting of fourteen members. 4 shall be members from the legislature, 1 of whom shall be a member of the house of representatives appointed by the speaker of the house who shall serve as co-chair, 1 of whom shall be a member of the senate appointed by the president of the senate who shall serve as co-chair, 1 of whom shall be a member of the minority party in the house appointed by the minority leader, 1 of whom shall be a member of the minority party of the senate appointed by the minority leader; 1 member shall be a representative from the office of veteran services appointed by the secretary of the department of veterans services; 1 member shall be a representative from the board of higher education appointed by the commissioner of higher education; 1 member shall be a representative from the department of public health to be appointed by the commissioner of public health; 1 member shall be a veteran of a post-9/11 war appointed by the joint committee on veterans and federal affairs; and 6 members shall be appointed by the governor, 1 of whom shall be a representative of Loyola Recovery Foundation, 1 of whom shall be a representative of a public or private College or University, 1 of whom shall be a representative of a Post Traumatic Stress mental health professional organization, 1 of whom shall be a representative of Massachusetts Veterans Health Administration, 1 of whom shall be a representative from the Governors Student Veterans Advisory Board, 1 of whom shall be a representative of the Governor’s Advisory Council for Veterans’ Services. (b) Council members shall be appointed for a term of 4 years. The council shall meet 4 times annually for the first 4 years. After the first 4 years, the council shall evaluate the progress of its efforts and shall disband unless a majority of the council members recognize a continuing need for the council to exist. (c) The council shall consult with and solicit input from various persons and groups including, but not limited to, the: Massachusetts Department of Veteran Affairs, Massachusetts Department of Veteran Services, Massachusetts Department of Higher Education, Boston Trauma Center, Justice Resource Institute, Loyola Recovery Foundation, Massachusetts Department of Veteran Services, Massachusetts Department of Health, Governor’s Student Veterans Advisory Board, Governor’s Advisory Council for Veterans’ Services. (d) The council shall review existing Health Services dedicated to Veterans at all Massachusetts Higher Education Institutions, specifically focusing on Health Services dedicated to treating Post Traumatic Stress of Veteran Students and make recommendations to the Department of Higher Education, Department of Veteran Services, Department of Public Health on model approaches including, but not limited to, the following areas: (i) the alignment of efforts between the department of higher education, the department of veteran services and the non-profit sector on veteran services; (ii) opportunities for coordination and collaboration between higher education institutions and Veteran services programs; (iii) methods for improving quality and resources for treating Veterans with PTS, including enhancing opportunities for professional development and technical assistance; (iv) methods and programs to help improve the academic success in higher education of Veterans with PTS, and (v) public and private support to build a sustainable infrastructure for support programs for Veteran higher education students with PTS.
SECTION __. The department of Veterans’ Services, department of higher education, executive office of health and human services, and the department of labor and workforce development shall each report to the Massachusetts higher education Veteran health services council a description of all state and federal funding directly expended to Veteran Health Services treating PTS on Massachusetts higher education campuses and the programs such finding supports not later than September 1 for each year that the council exists.
SECTION __. The Massachusetts higher education Veteran health services council shall annually prepare a progress report concerning the council’s activities, with appropriate recommendations concerning health services for Veterans with PTS attending higher education institutions, and file the report with the governor and the clerks of the senate and the house of representatives, who shall forward the report to the chairs of the joint committee on Veteran services and federal affairs and the chairs of the house and senate committees on ways and means not later than June 1 of each year that the council exists.
SECTION __. The Massachusetts higher education Veteran health services council shall conduct it first meeting not more than 90 days after the effective date of this act."
Budget Amendment ID: FY2015-S4-674
EHS 674
Hospital Stay Waiver
Messrs. Tarr, Ross and Richard T. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
Nothwithstanding the provisions of Section 245 of Chapter 224 of the Acts of 2012, the executive office of health and human services shall seek from the secretary of the United States Department of Health and Human Services a statewide waiver from the Medicare requirement set forth in 42 U.S.C. §1395x(i) that an admission to a skilled nursing facility be preceded by a 3-day inpatient hospital stay.
Budget Amendment ID: FY2015-S4-675
EHS 675
Stroke treatment health care facility designation
Mr. Montigny moved that the proposed new text be amended moved that the bill be amended
by inserting after sectiond____the following new section:-
SECTION____. Chapter 111 of the General laws, as appearing in the 2010 official edition is hereby amended by inserting after Section 51H the following sections:-
Section 51I. Designation of Comprehensive Stroke Centers, Primary Stroke Centers and Acute Stroke Capable Centers
The Department of Public health shall identify hospitals that meet the criteria set forth in this Act as Comprehensive Stroke Centers, Primary Stroke Center or Acute Stroke Capable Centers.
A hospital shall apply to the Department of Public Health for such designation and shall demonstrate to the satisfaction of the Department that the hospital meets the applicable criteria set forth in this Act.
The Department of Public Health shall recognize as many accredited acute care hospitals as Primary Stroke Centers as apply and are certified as a Primary Stroke Center by The Joint Commission (TJC) or another cabinet-approved nationally recognized organization that provides primary stroke center certification for stroke care, provided that each applicant continues to maintain its certification.
The Department of Public Health shall recognize as many accredited Comprehensive Stroke Centers as apply and are certified as a Comprehensive Stroke Center by The Joint Commission (TJC) or another cabinet-approved nationally recognized organization that provides comprehensive stroke center certification for stroke care, provided that each applicant continues to maintain its certification.
As nationally recognized Acute Stroke Capable Center accreditation programs, which use evidence-based guidelines, become available, the Department may adopt a process by which to recognize those facilities as State Acute Stroke Capable Centers
Comprehensive Stroke Centers and Primary Stroke Centers are encouraged to coordinate, through agreement, with Acute Stroke Capable Centers throughout the state to provide appropriate access to care for acute stroke patients. The coordinating stroke care agreements shall be in writing and include at a minimum:
Transfer agreements for the transport and acceptance of stroke patients seen by the Acute Stroke Capable Center for stroke treatment therapies which the remote treatment stroke center is not capable of providing; and
Communication criteria and protocols with the Acute Stroke Capable Centers.
The Department of Public Health may suspend or revoke a hospital's designation as a Comprehensive Stroke Center, Primary Stroke Center or Acute Stroke Capable Center, after notice and hearing, if the Department of Public Health determines that the hospital is not in compliance with the requirements of this Act.
Section 51J- Emergency Medical Services Providers; Assessment and Transportation of Stroke Patients to a Comprehensive Stroke Center, Primary Stroke Center or Acute Stroke Capable Center.
By June 1 of each year, the Department of Public Health shall send the list of Comprehensive Stroke Centers, Primary Stroke Centers and Acute Stroke Capable Centers to the medical director of each licensed emergency medical services provider in this state, shall maintain a copy of the list in the office designated with the department to oversee emergency medical services, and shall post a list of Stroke Centers to the Department of Public Health’s website.
The Department of Public Health and Department of Emergency Medical Services shall adopt and distribute a nationally recognized standardized stroke triage assessment tool. The Department of Public Health and Department of Emergency Medical Services must post this stroke assessment tool on their respective websites and provide a copy of the assessment tool to each licensed emergency medical services provider no later than July 1, 2016. Each licensed emergency medical services provider must use a stroke-triage assessment tool that is substantially similar to the sample stroke-triage assessment tool provided by the Department of Public Health and Department of Emergency Medical Services.
The Department of Emergency Medical Services shall establish pre-hospital care protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers in this state. Such protocols shall include plans for the triage and transport of acute stroke patients to the closest Comprehensive Stoke Center, Primary Stroke Center or when appropriate to an Acute Stroke Capable Center, within a specified timeframe of onset of symptoms.
The Department of Emergency Medical Services shall establish, as part of current training requirements, protocols to assure that licensed Emergency Medical Services providers and 911 dispatch personnel receive regular training on the assessment and treatment of stroke patients.
Each emergency medical services provider must comply with all sections of this act by July 1, 2016.
Section 51K- Continuous Improvement of Quality of Care for Individuals with Stroke
The Department of Public Health shall establish and implement a plan for achieving continuous quality improvement in the quality of care provided under the statewide system for stroke response and treatment. In implementing this plan, the Department of Public Health shall:
1)Maintain a statewide stroke database that compiles information and statistics on stroke care that align with the stroke consensus metrics developed and approved by American Heart Association/American Stroke Association, Centers for Disease Control and Prevention and The Joint Commission. The Department of Health shall utilize Get with the Guidelines – Stroke or another nationally recognized data set platform with confidentiality standards no less secure, as the stroke registry data platform. To every extent possible, the Department of Health shall coordinate with national voluntary health organizations involved in stroke quality improvement to avoid duplication and redundancy.
2) Require Comprehensive Stroke Centers, Primary Stroke Center and Acute Stroke Capable hospitals and Emergency Medical Services agencies to report data consistent with nationally recognized guidelines on the treatment of individuals with confirmed stroke within the state.
3)Encourage sharing of information and data among health care providers on ways to improve the quality of care of stroke patients in this state.
4)Facilitate the communication and analysis of health information and data among the health care professionals providing care for individuals with stroke.
5)Require the application of evidenced-based treatment guidelines regarding the transitioning of patients to community-based follow-up care in hospital outpatient, physician office and ambulatory clinic settings for ongoing care after hospital discharge following acute treatment for stroke.
6)Establish a data oversight process and implement a plan for achieving continuous quality improvement in the quality of care provided under the statewide system for stroke response and treatment which shall do all of the following:
Analyze data generated by the registry on stroke response and treatment.
Identify potential interventions to improve stroke care in geographic areas or regions of the state.
Provide recommendations to the Department of Public Health, Department of Emergency Medical Services and the Legislature for the improvement of stroke care and delivery in the state.
b) All data reported under section above shall be made available to the Department of Public Health and to any and all other government agencies or contractors of government agencies that have responsibility for the management and administration of emergency medical services throughout the state.
c) On July 1 after passage of this Act and annually thereafter, the Department of Public Health shall provide a summary report of those data collected pursuant to section (a)1. All 51K data shall be reported in the aggregate form and shall be posted on the Department of Public Health’s website and presented to the Governor, the President of the Senate and the Speaker of the House of Representatives to show statewide progress toward improving quality of care and patient outcomes.
d) In no way shall this act be construed to require disclosure of any confidential information or other data in violation of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.
Section 51L- Coverage for Telemedicine Services
Each insurer, corporation or health maintenance organization providing a health care plan for health care services shall provide coverage for the cost of such health care services provided through telemedicine services, as provided in this section.
As used in this section, "telemedicine services," as it pertains to the delivery of health care services, means the use of interactive audio, video and other electronic media used for the purpose of diagnosis, consultation, or treatment of acute stroke.
An insurer, corporation, or health maintenance organization shall reimburse the treating provider or the consulting provider for the diagnosis, consultation, or treatment of the insured delivered through telemedicine services on the same basis that the insurer, corporation, or health maintenance organization is responsible for coverage for the provision of the same service through face-to-face consultation or contact.
The requirements of this section shall apply to all insurance policies, contracts, and plans delivered, issued for delivery, reissued, or extended in the State on and after July 1, 2016, or at any time thereafter when any term of the policy, contract, or plan is changed or any premium adjustment is made.
Section 51M- Stroke System of Care Task Force
In order to ensure the implementation of a strong statewide stroke system of care, a stroke system of care task force may be created within the Department of Public Health to address matters of triage, treatment and transport of possible acute stroke patients. This task force shall be charged with implementing the regulations necessary to establish an effective stroke system of care in the State, particularly in rural areas. The regulations shall include protocols for the assessment, stabilization and appropriate routing of stroke patients by Emergency Medical Service providers, particularly in rural areas, coordination and communication between hospitals and Primary Stroke Centers and other support services necessary to assure that all residents have access to effective and efficient stroke care.
This task force shall include representation from the Department of Public Health, the Office of Emergency Medical Services, the American Heart/American Stroke Association, the Massachusetts Hospital Association, Acute Capable Stroke Centers, Primary Stroke Centers, Comprehensive Stroke Centers (if applicable), community hospitals, rural hospitals, physicians and emergency medical service providers.
The task force shall make recommendations to the Department of Public Health by July 1 after the passage of this act. Upon receiving such recommendations, the Commissioner of the Department of Public Health shall promulgate final rules implementing those recommendations by July 1, 2016.
This Act is not a medical practice guideline and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under state law. The Legislature intends that all patients be treated individually based on each patient's needs and circumstances.
A person or entity may not advertise to the public, by way of any medium whatsoever, that a hospital is a primary stroke center unless the hospital has been designated as such by the Department as required by this Act.
The Department of Public Health shall have the authority to promulgate rules and regulations to carry out the purposes of this Act.
Budget Amendment ID: FY2015-S4-676-R1
Redraft EHS 676
DCF Hiring of a Physician Medical Director
Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
"SECTION XX. Notwithstanding any general of special law to the contrary, the department of
children and families shall, within 60 days of the passage of this act, hire a licensed, professional
medical staff member in each of the department’s regional offices. Medical staff members shall
provide initial medical screenings for all children who enter the department’s care within 72
hours. The department shall also hire a medical director to manage, oversee and coordinate
medical staff members in providing timely medical screenings and other medical services for
children served by the department."
Budget Amendment ID: FY2015-S4-677
EHS 677
DCF Licensing Requirements
Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new sections:-
SECTION XX. Section 7 of chapter 18B of the General Laws, as appearing in the 2012 official edition, is hereby amended by inserting after subsection (n) the following subsection:-
(o) The commissioner shall require all social workers employed by the department to obtain a license as a certified social worker, pursuant to section 131 of chapter 112, within the first 6 months of employment. The commissioner shall also require all social workers employed by the department as of April 1, 2014 to obtain a license as a certified social worker, pursuant to section 131 of chapter 112, by January 1, 2015. The commissioner shall require social workers employed by the department to participate in no less than 30 hours per year of paid professional development training; provided, that such training is consistent with applicable collective bargaining agreements.
SECTION XX. Section 12 of chapter 18B of the General Laws, as so appearing, is hereby amended by striking the sentences in lines 35 to 37, inclusive, and inserting in place thereof the following sentences:-
A social worker shall have a bachelor’s degree at the time of appointment. A supervisory social worker shall have a master’s degree in social work or a related field and be a licensed certified social worker or a licensed independent clinical social worker at the time of appointment.
SECTION XX. Notwithstanding any special or general law to the contrary, the commissioner of the department of children and families shall ensure that all employees of the department are properly licensed according to section 15 of this act. The commissioner shall issue a report on the salaries and educational background of all social workers and supervisors employed by the department and provide a cost estimate of requiring that at least 50 percent of social workers employed by the department be licensed independent clinical social workers or licensed certified social workers.”
Budget Amendment ID: FY2015-S4-678
EHS 678
Background Check Requirements Department of Children and Families
Messrs. Tarr, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
"SECTION XX. Chapter 18B of the General Laws, as appearing in the 2012 Official Edition is hereby amended by adding at the end thereof the following new section:-
SECTION 26. As part of the department’s licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 42 U.S.C. Section 16962, for all applicants to be adoptive or foster parents and their household members age 15 or older. Authorized department staff may receive criminal offender record information and the results of state and national criminal history databases checks, pursuant to 42 U.S.C. Section 16962. The department shall handle the information obtained under this section pursuant to section s167 to 178, inclusive, of chapter 6.
As part of the department’s approval process, the department, prior to issuing any approval, shall: (1) obtain from the sex offender registry board all available sex offender registry information associated with the address of the center, home or facility; and (2) conduct fingerprint-based checks of the state and national criminal history databases, pursuant to Public Law 92-544, that are required under this subsection. The fingerprint-based checks of the state and national criminal history databases shall be conducted, pursuant to Public Law 92-544, to determine the suitability of all applicants for employment, interns and volunteers who have the potential for unsupervised contact with children in any department-approved program. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-approved program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history information databases pursuant to Public Law 92-544. When the department obtains the results of checks of state and national criminal information databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information."
Budget Amendment ID: FY2015-S4-679
EHS 679
Veterans Homeless Peer Support
Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0010, 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 $500,000 shall be expended for a peer support homeless outreach program”; and in said item, by striking out the figures "$2,810,361" and inserting in place thereof the figures "3,310,361"
Budget Amendment ID: FY2015-S4-680
EHS 680
Best Interests of the Child
Messrs. Tarr, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
“SECTION XX. Chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out section 1 and inserting in place thereof the following section:—
Section 1. (a) It is hereby declared to be the policy of this commonwealth to make paramount the best interests of the child by directing its efforts, first, for the care and protection of the children of the Commonwealth of Massachusetts; then to strengthen the family unit if possible and if determined to be in the best interests of the child; to assist and encourage the use by any family of all available resources to this end; and to provide substitute care of children, either through temporary foster care or permanent placement, when the family itself, or the resources available to the family, are unable to provide the necessary care and protection to ensure the rights of any child to sound health and normal physical, mental, spiritual and moral development.
The purpose of this chapter is to ensure that the children of the Commonwealth are protected against the harmful effects resulting from the absence, inability, inadequacy or destructive behavior of parents or parent substitutes, and to assure good substitute parental care in the event of the absence, inability, inadequacy or destructive behavior of parents whether temporary or permanent. The health and safety of the child shall be of paramount concern in establishing the best interests of the child and shall include the long term well-being of the child. In all matters and decisions by the department of children and families, the policy of the department, as applied to children in its care and protection or children who receive its services, shall be to determine the best interests of the child. The department’s considerations of appropriate services and placement decisions shall be made in a timely manner in order to facilitate permanency planning for the child.
(b) For the purpose of determining the manifest best interests of the child, the department and the court shall consider and evaluate all relevant factors, including, but not limited to:
1) Any suitable permanent custody arrangement with a kinship relative of the child, including, but not limited to, grandparents, aunts, uncles, siblings or adult children of the parent;
(2) The ability and disposition of the parent to provide the child with food, clothing, medical care, or other remedial care, and other material needs of the child;
(3) The capacity of the parent to care for the child to the extent that the child’s safety; well-being; and physical, mental, and emotional health will not be endangered upon the child’s return home;
(4) The child’s ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties;
(5) The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(6) The depth of the relationship existing between the child and the present custodian;
(7) The present mental and physical health needs of the child and such future needs of the child to the extent that such future needs can be ascertained based on the present condition of the child;
(8) The love, affection, and other emotional ties existing between the child and the child’s parent, siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties;
(9) The likelihood of an older child remaining in long-term foster care upon termination of parental rights due to emotional or behavioral problems or any special needs of the child;
(10) The reasonable preferences and wishes of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
(11) The recommendations for the child provided by the child’s guardian ad litem or legal representative.
The availability of a non-adoptive kinship placement may not receive greater consideration than any other factor weighing on the manifest best interests of the child.
c) A judge may enter an order for the termination of the parent and child relationship when the judge finds from the evidence presented, after giving due consideration to the interests of all parties, that the termination is in the best interests of the child. Notwithstanding the above, all permanency hearings for the termination of parental relationship or reunification with parent shall occur not later than 12 months from the time said child has been removed from the care and custody of said parent. In determining whether it is in the child’s best interests that the parent and child relationship be terminated, a judge shall consider each of the following factors:
(1) The child’s need for continuity of care and caregivers and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages;
(2) The present and projected physical, mental, and emotional health of all individuals involved to the degree that such affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child;
(3) The quality of the interaction and interrelationship of the child with his or her parent, sibling, relative, or caregivers, including the foster or pre-adoptive parent;
(4) Whether the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a consistent parental, guardianship, custodial relationship, or contact with the child;
(5) Evidence that excessive alcohol or drug-related activity continues to exist in a child’s home environment or is likely to continue to exist in the future after intervention and services have been provided by law; and
(6) To the extent feasible, the child’s opinion of his or her own best interests in the matter. In all court and department proceedings that affect the child’s past, current and future placements and status, when determining the best interests of the child, there shall be a presumption of competency that a child who has attained the age of 12 is able to offer statements on the child’s own behalf and shall be provided with timely opportunities and access to offer such statements, which shall be considered by the department if the child is capable and willing. In all matters relative to the care and protection of a child, the ability, fitness and capacity of the child shall be considered in all department proceedings.
In the event the court finds compelling evidence, after hearing, that one of the above factors, or a combination of the above factors, exist to the extent they materially affect the best interests of the child, the court shall make a determination to terminate the parental relationship and allow either an open or closed permanent placement of the child forthwith.”
Budget Amendment ID: FY2015-S4-681
EHS 681
Supportive Senior Housing
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-1604, moved that the bill be amended in section 2, in item 9110-1604, by striking the figure of “4,150,900” and inserting in place thereof “$5,450,900”.
Budget Amendment ID: FY2015-S4-683-R1
Redraft EHS 683
Homemaker Wage Increase
Ms. Jehlen, Ms. Forry, Messrs. Lewis, Donnelly, Barrett, Brownsberger and DiDomenico, Ms. Donoghue, Mr. Michael O. Moore, Ms. Candaras and Mr. McGee moved that the proposed new text be amended in section 2, moved that the bill be amended by inserting, after section 121, the following section:-
“Section 121A. Not less than $6,100,000 from the Community First Trust Fund, established in section 11, shall be expended to adjust the approved program rates issued under 114.4 CMR 17.03 to provide a rate add-on for wages, compensation 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.”
Budget Amendment ID: FY2015-S4-684
EHS 684
Home Care Study Commission
Ms. Jehlen, Messrs. Lewis and DiDomenico moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting, after section ___, the following new section :-
“SECTION____. The Commissioner of the Department of Public Health and the Secretary of the Executive Office of Elder Affairs and the chairs’ designees, who shall serve as co-chairs, shall complete a comprehensive study of home health agencies in consultation with 4 representatives of the General Court, 1 appointed by the Speaker of the House; 1 appointed by the House Minority Leader, 1 appointed by the Senate President; and 1 appointed by the Senate Minority Leader, as well as a representative of the Home Care Alliance of Massachusetts. The study shall make recommendations regarding licensure and other means to ensure appropriate levels of high quality provision of home health care services in the Commonwealth. In addition the study shall identify the current numbers of home health care agencies operating in the Commonwealth and the number of home health care agencies in the Commonwealth certified by the Center for Medicare and Medicaid Services.
The final study and recommendations, including any recommended standards or regulations for licensing and the projected costs of implementing such recommendations, shall be reported to the House and Senate Committees on Ways and Means, the Joint Committee on Elder Affairs, the Joint Committee on Health Care Financing, the Joint Committee on Public Health, and the Health Planning Council as established pursuant to M.G.L. c. 6A, §16T by no later than January 30, 2015."
Budget Amendment ID: FY2015-S4-685
EHS 685
Soldiers' Homes Technical Language Change
Mr. Rush moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
“SECTION XX. Section 16 of chapter 6A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 31 to 35, inclusive, the words ‘, the Massachusetts commission for the deaf and hard of hearing and the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke; (5) the department of veterans’ services under the direction of the secretary of veterans’ services, who shall be appointed by the governor’ and inserting in place thereof the following words:- and the Massachusetts commission for the deaf and hard of hearing; (5) the department of veterans’ services under the direction of the secretary of veterans’ services, who shall be appointed by the governor, which shall include the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke.”
Budget Amendment ID: FY2015-S4-686
EHS 686
Geriatric Mental Health
Ms. Jehlen, Ms. Lovely, Messrs. Lewis, Donnelly, Michael O. Moore and Brownsberger, Ms. Donoghue, Messrs. Montigny and Joyce moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting the following item 9110-1640. For the 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.
Budget Amendment ID: FY2015-S4-688
EHS 688
Elder Financial Exploitation Prevention
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-1636, moved that the bill be amended in section 2, in item 9110-1636, by inserting the following:-
“provided further that not less than $100,000 shall be expended for the establishment of and administrative support of regional Financial Abuse Specialist Teams (FAST Teams) to improve the ability of elder protective services programs to investigate and respond to reports of financial exploitation as recommended by the Elder Protective Service Commission established by section 204 of Chapter 139 of the Acts of 2012; provided further that the Executive Office of Elder Affairs shall provide a report to the House and Senate Chairs of the Joint Committee on Elder Affairs on the implementation of FAST Teams on or before June 30, 2015.”
And by striking out the figure “$22,710,663” and inserting in place thereof “$22,810,663”.
Budget Amendment ID: FY2015-S4-689
EHS 689
Natick Veterans’ Oral History Project
Ms. Spilka and Mr. Ross moved that the proposed new text be amended in section 2, in item 1410-0010, moved that the bill be amended in section 2, in item 1410-0010, by inserting after the words “department of veterans’ services” the following words:- "provided that not less than $30,000 shall be expended for the Veterans’ Oral History Project at the Morse Institute Library in Natick"; and in said item, by striking out the figures "$2,503,520" and inserting in place thereof the figures "$2,533,520"
Budget Amendment ID: FY2015-S4-690-R1
Redraft EHS 690
Shattuck Daycare Center
Messrs. Rush and Rosenberg moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
“SECTION __. Notwithstanding any general or special law to the contrary, the Division of Capital Asset Management and Maintenance, in conjunction with the Executive Office of Health and Human Services, shall determine a feasible location for the siting of a modular child care center, outdoor recreational area, and parking, on or within one half mile of the Lemuel Shattuck Hospital property in the city of Boston, and shall enter into a 15-year lease for one dollar per year rent for the use of that property. Provided further, that the Department of Public Health, in conjunction with the Executive office of Health and Human services and the department of capital asset management and maintenance, shall allow the Shattuck Child Care Center, Inc. to remain in its present location under the terms of the existing agreement for a period of 12 months provided the Shattuck Child Care Center, Inc. pass their annual DPS safety inspections. Provided further, that the Shattuck Child Care Center, Inc. will reserve a portion of its slots for employees of the Lemuel Shattuck Hospital, the Department of Public Health’s State Lab and the MBTA’s Forest Hills facility. Upon determination of a feasible location for the siting and construction of a modular child care center the commissioner may make recommendations to adjust said rent to market rate on a proportional basis for the services provided to non-employees of the commonwealth after the Shattuck Child Care Center, Inc. moves to the new property location."
Budget Amendment ID: FY2015-S4-692
EHS 692
Dental Records
Mr. Timilty moved that the proposed new text be amended moved that the bill be amended by inserting after section 132 the following new section:-
"Section X. Effective July 1, 2014, all dental insurance claims filed in the Commonwealth of Massachusetts shall also be filed with the All Payer Claims Database maintained by the Center for Health Information and Analysis, so that the Center may conduct a study relative to the use of mercury in dental amalgam”.
Budget Amendment ID: FY2015-S4-693
EHS 693
Burial Benefits
Mr. Joyce moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
SECTION XX. Section 33 of chapter 152 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the words "four thousand dollars" and inserting in place thereof the following words:-
eight times the average weekly wage in the commonwealth as determined under M.G.L. c. 151A, section 29(a).
Budget Amendment ID: FY2015-S4-694
EHS 694
Conducting background checks on household members of foster care home
Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-
"SECTION ___: Notwithstanding any general or special law to the contrary, the department of children and families shall conduct CORI checks on all household members of a foster home over the age of 14"
Budget Amendment ID: FY2015-S4-695
EHS 695
Massachusetts Hospital School Beds
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4590-0915, moved that the bill be amended in section 2, in item 4590-0915, by adding at the end thereof the following:-
“; provided further, that the Massachusetts hospital school shall maintain not less than 120 beds for clients in its inpatient setting to the extent feasible within the appropriation”.
Budget Amendment ID: FY2015-S4-696
EHS 696
DCF reporting of missing children
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-
“Section__. The department of children and families shall file quarterly reports on the number of children within the care and custody of the department whose whereabouts are unknown. Said report shall be filed with the clerks of the house and senate and the joint committee on children, families and persons with disabilities.”
Budget Amendment ID: FY2015-S4-698
EHS 698
Katie Brown Educational Program
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4513-1130, moved that the bill be amended in section 2, in item 4513-1130, by inserting after the word "hotline" the following: "; provided further, that no less than $75,000 be allocated for the Katie Brown Educational Program for a pilot instructional initiative, the Train the Trainer program, to train educators and increase the number of Southeastern Massachusetts students who acquire invaluable knowledge about the prevention of relationship violence"; and in said item by striking out the figure "$5,752,078" and inserting in place thereof the figure:- "$5,827,078".
Budget Amendment ID: FY2015-S4-699
EHS 699
Respite Family Support
Ms. Spilka, Messrs. Michael O. Moore, Joyce, Kennedy and Barrett and Ms. Lovely moved that the proposed new text be amended in section 2, in item 5920-3000, moved that the bill be amended in section 2, in item 5920-3000, by striking out the figure "$52,433,705" and inserting in place therof the following figure:- "$54,933,705".
Budget Amendment ID: FY2015-S4-701
EHS 701
New Beginnings Program
Ms. Spilka moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill 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 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 figures "$88,827,334" and inserting in place thereof the figures "$88,927,334"
Budget Amendment ID: FY2015-S4-702
EHS 702
Hepatitis C Surveillance and and Prevention Funding
Messrs. Montigny and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4512-0103, moved that the bill be amended in section 2, in item 4512-0103, by adding at the end thereof the following; "provided that $2,000,000 be expended for viral hepatitis surveillance, outreach prevention, screening and education" and in said item by striking out the figure "$32,109,847" and inserting in place thereof the figure "$34,109,847".
Budget Amendment ID: FY2015-S4-704
EHS 704
Berkshire Youth Development Project
Mr. Downing moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:- “provided further, that not less than $150,000 shall be expended to the Berkshire County Youth Development Project for youth intervention services.”
Budget Amendment ID: FY2015-S4-705-R2
2nd Redraft EHS 705
Geriatrics Program
Mr. Joyce moved that the proposed new text be amended in section 2, in item 9110-1900, moved that the bill be amended, in section 2, in item 9110-1900, by adding the following words:- “provided further, that $250,000 shall be expended to continue the administration of the geriatrics program, pursuant to item 9110-1900 of section 2 of chapter 182 of the acts of 2008”; and
In section 2, in said item 9110-1900, by striking out the figure “$6,378,321” and inserting in place thereof the following figure:- “$6,628,321”.
Budget Amendment ID: FY2015-S4-707
EHS 707
School-Based Health Centers
Messrs. Downing and Humason moved that the proposed new text be amended in section 2, in item 4590-0250, moved that the bill be amended in section 2, in item 4590-0250, by striking the figure "$12,378,145" and inserting in place thereof the following figure:- "13,878,145".
Budget Amendment ID: FY2015-S4-708-R1
Redraft EHS 708
Barriers to Behavioral Healthcare
Mr. Keenan, Ms. Candaras, Messrs. Humason, DiDomenico and Eldridge moved that the proposed new text be amended by inserting at the end the following two new sections:
SECTION __. Notwithstanding any general or special law, rule or regulation to the contrary, no carrier as defined under section 1 of chapter 176O nor their respective contractors, nor any Medicaid or other public or private health insurer or contracted health insurers, managed care organizations, health plans, health maintenance organizations, behavioral health management firms or third party administrators under contract to a Medicaid managed care organization or a primary care clinician plan, shall require on or after January 1, 2105 a prior authorization or a prior approval requirement related to the coverage of inpatient level mental health and substance abuse services of a patient with a mental health condition or a substance abuse disorder where the patient is determined to have an emergency medical condition by the treating healthcare provider, as emergency medical condition is defined under Chapter 141 of the Acts of 2000. Any such prior authorization or prior approval requirements shall be prohibited and shall be considered violations of the requirements for coverage of emergency services as provided in Chapter 141 of the Acts of 2000, and of the mental health parity provisions required in chapter 224 of the Acts of 2012; provided, however, that Emergency Service Program teams, so-called, as contracted through MassHealth to conduct behavioral health assessments, shall not be considered a prior authorization or prior approval requirement under this section. Nothing in this provision shall be construed to prevent notifying such entities named above that a given patient has been deemed to require and is seeking such care by a given provider or organization.
SECTION __. Notwithstanding any general or special law, rule or regulation to the contrary, a Carrier, as defined under Section 1 of Chapter 176O and their contractors, and Medicaid contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or a primary care clinician plan shall implement all Current Procedural Terminology, or CPT, as well as evaluation and management codes for behavioral health services in accordance with the new CPT evaluation and management codes as most recently adopted by the American Medical Association and the Centers for Medicare and Medicaid Services, or CMS; provided further, that if a code is covered under a Carrier or Medicaid fee schedule and paid on the medical surgical benefit, then the code shall reimburse providers the same rate as provided in facility and non-facility settings on the behavioral health and substance abuse benefit; provided further, that the Carrier and office of Medicaid shall work with its actuary to ensure that capitation rates appropriately account for changes in provider rates for all rate changes associated with incremental increases for behavioral health services; provided further, that any integrated care organization, managed care entity or behavioral health carve-out entity that manages behavioral health services on behalf of the Carrier or Medicaid shall implement all CPT evaluation and management codes for behavioral health services in accordance with the new CPT codes for evaluation and management services as well as psychopharmacological services and neuropsychological assessment services as most recently adopted by the American Medical Association and CMS; provided further, that any integrated care organization, managed care entity or behavioral health carve-out entity that manages behavioral health services on behalf of a Carrier or Medicaid shall be required to pay, at a minimum, the Carrier’s or Medicaid’s rates of payment for all CPT evaluation and management codes for behavioral health services by January 1, 2015; and provided further, that the Carrier and Medicaid shall review and adjust all rates of payment accordingly for mental health services provided in hospitals, hospital clinics, outpatient clinics, private practice offices, community health centers and mental health centers by January 1, 2015; provided, however, that nothing in this section shall be construed to supersede, reverse, or otherwise affect rates promulgated pursuant to Section 32 of Chapter 118 of the Acts of 2013.
Budget Amendment ID: FY2015-S4-709
EHS 709
Clinical laboratory self-referrals
Mr. Finegold moved that the proposed new text be amended moved that the bill be amended by inserting, after section 71, the following new sections:-
“SECTION XX. Section 1 of chapter 111D of the General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) “Company”, a corporation, partnership, limited liability company, limited liability partnership, an association, a trust or an organized group of persons, whether or not incorporated.
SECTION XX. Said section 1 of said chapter 111D, as so appearing, is hereby further amended by striking out clause (7) and inserting in place thereof the following 2 clauses:-
(6A) “Ownership interest”, interests including, but not limited to, any membership, proprietary interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.
(7) “Person”, corporations, societies, associations, partnerships, limited liability companies, limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or his estate upon his death, any other entity including, but not limited to, medical practice, medical office, clinic, counseling center, substance abuse treatment program or sober house or a political subdivision of the commonwealth.
SECTION XX. Section 8 of said chapter 111D, as so appearing, is hereby amended by adding the following clause:-
(17) knowingly solicit, accept or test any specimen derived from the human body that is received from, ordered, requested or referred by: (a) any person or company in which the clinical laboratory, or its directors, owners, partners, employees or family members thereof, have any direct or indirect ownership interest; or (b) any person or company, or its directors, owners, partners, employees or family members thereof, having any direct or indirect ownership interest in the clinical laboratory; provided, however, that this clause shall not apply to: (i) a clinical laboratory owned by a licensed physician, or group of licensed physicians, used exclusively in connection with the diagnosis and treatment of said physician's or said group of physicians’ own patients, and where all testing is performed by or under the direct supervision of said physician or said physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital's or clinic’s own patients; or (iii) any case exempted under subsection (b) to (d), inclusive, of 42 U.S.C. section 1395nn, or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
SECTION XX. Said chapter 111D is hereby further amended by inserting after section 8 the following section:-
Section 8A. It shall be a violation of this section for any person or company to knowingly refer, request, order or send any specimen derived from the human body for examination to a clinical laboratory in which the person or company, or any of its owners, directors, partners, employees or family members thereof have a direct or indirect ownership interest. This section shall not apply to: (i) a clinical laboratory owned by a licensed physician, or group of licensed physicians, and used exclusively in connection with the diagnosis and treatment of said physician’s or said group of physicians’ own patients, and where all testing is performed by or under the direct supervision of said physician or said physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital’s or clinic’s own patients; or (iii) any case exempted under subsections (b) to (d), inclusive, of 42 U.S.C. section 1395nn, or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
SECTION XX. Said chapter 111D is hereby further amended by striking out section 13, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:-
Section 13. (a) Whoever maintains a clinical laboratory in the commonwealth without a license in violation of section 4 or whoever, being licensed under section 5 maintains a clinical laboratory in violation of the terms of such license, or whoever engages in, aids, abets, causes or permits any act prohibited under section 8, or whoever refers, requests, orders or sends any specimen derived from the human body in violation of section 8A shall be punished by imprisonment for not more than 5 years in state prison, or by imprisonment in a jail or house of correction for not more than 2 and 1/2 years or by a fine of not more than $10,000, or by both such fine and imprisonment. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
(b) If a person or company violates the provisions of clause (17) of section 8 or section 8A, the attorney general may bring a civil action, either in lieu of or in addition to a criminal prosecution, and may recover a civil penalty of not less than $5,000 and not more than $10,000 per violation, plus 3 times the amount of damages sustained, including consequential damages. A person violating clause (17) of section 8 or section 8A shall also be liable to the commonwealth for the expenses of the civil action brought to recover any such penalty or damages, including, but not limited to, reasonable attorney's fees, reasonable expert's fees and the costs of investigation. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
(c) A person or company that solicits, offers or enters into a referral arrangement or scheme with a clinical laboratory which the person or company knows or should know has a principal purpose of assuring referrals by the person or company to a particular clinical laboratory which, if the person or company directly made referrals to such clinical laboratory, would be in violation of clause (17) of section 8 or section 8A, shall be liable to the commonwealth for a civil penalty of not more than $100,000 for each referral arrangement or scheme plus 3 times the amount of damages sustained, including consequential damages. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
Section 14. Pursuant to the authority of the department under clause (8) of section 2, the department shall require all clinical laboratories to disclose any ownership interests in writing to the department every 2 years. Such disclosure shall contain the name and ownership interest of the disclosing person or company, as well as the names and all ownership interests of all other parties with an ownership interest in the clinical laboratory. A copy of said disclosure shall be provided by the clinical laboratory to the attorney general. Any person who fails to provide such disclosure shall be subject to a fine not exceeding $5,000 by the department.”
Budget Amendment ID: FY2015-S4-710
EHS 710
CHC Grant
Mr. Keenan, Ms. Donoghue, Ms. Forry, Messrs. Downing, Montigny and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4510-0110, moved that the bill be amended in section 2, in item 4510-0110, by striking out item 4510-0110 and inserting in place thereof the following item:-
“4510-0110 For community health center services; provided, that not less than the amount appropriated in item 4510-0110 of section 2 of chapter 38 of the acts of 2013 shall be expended on a statewide program of technical assistance to community health centers to be provided by a statewide primary care association qualified under Section 330A(f)(1) of the Public Health Service Act, as codified at 42 USC 254c(f)(1)…… $2,000,000."
Budget Amendment ID: FY2015-S4-711
EHS 711
Tobacco and Drug Compliance Checks
Messrs. Keenan, Michael O. Moore, Brownsberger and Lewis, Ms. Spilka, Mr. Barrett and Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-0300, moved that the bill be amended in section 2, in item 4590-0300, by striking out item 4590-0300 and inserting in place thereof the following:-
4590-0300For smoking prevention and cessation programs; provided that funds may be expended from this item to support compliance checks by town, city and regional boards of health or health officials to enforce regulations relative to tobacco products and other substances that pose an imminent hazard to the public health……………………………………...$9,000,000
Budget Amendment ID: FY2015-S4-712
EHS 712
Public Health Hospitals
Mr. Finegold moved that the proposed new text be amended in section 2, in item 4590-0915, moved that the bill be amended in section 2, in item 4590-0915, by striking out the figure “$148,563,102” and inserting in place thereof the following figure:- “$149,560,872”.
Budget Amendment ID: FY2015-S4-714
EHS 714
Lab Retained Revenue
Mr. Keenan moved that the proposed new text be amended in section 2, in item 4516-1022, moved that the bill be amended in section 2, in item 4516-1022, by striking out the figure " $250,619" and inserting in place the figures:- "$276,619".
Budget Amendment ID: FY2015-S4-715
EHS 715
DCF Attorneys
Messrs. Keenan, Barrett and Brownsberger moved that the proposed new text be amended in section 2, in item 4800-0015, moved that the bill be amended in section 2, in item 4800-0015, by striking the figure “$74,637,692 and inserting in place thereof the following figure “$63,717,692”
And by inserting the following new line item:
4800-1200For the AA and DD object class costs of the department’s attorneys; provided that funds shall mitigate attorney caseloads in those areas furthest from the statewide weighted caseload standard and toward achieving an attorney caseload ratio of 60 to 1 statewide; and provided further, that only attorney/employees in bargaining unit 6 as identified in the Massachusetts personnel administrative reporting and information system shall be paid form thus item$10,920,000
Budget Amendment ID: FY2015-S4-716-R2
2nd Redraft EHS 716
DDS Transportation
Messrs. Keenan, Brownsberger and Kennedy and Ms. Lovely moved that the proposed new text be amended in section 2, in item 5911-2000, moved that the bill be amended in section 2, in item 5911-2000, by striking out figure “$15,507,400” and inserting in place thereof the following figure:- “$15,907,400”.
Budget Amendment ID: FY2015-S4-717
EHS 717
Emergency Department Boarding Report
Mr. Keenan, Ms. Spilka and Mr. Eldridge moved that the proposed new text be amended moved that the bill be amended
by inserting at the end the following new section
SECTION __. Chapter 111 of the General Laws is hereby amended by inserting after section 51J the following section:-
Section 51K. The department, in conjunction with the center for health information analysis, shall require each hospital in the commonwealth that operates an emergency room to collect and report to the department on the use of the emergency room by patients seeking mental health or substance abuse services; provided, that hospitals shall collect and report data in full compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Public Law 104-191. For patients that present to the emergency department for such services, the hospital shall collect and aggregate the following information and report on a quarterly basis: (1) number of visits to the emergency room per month; broken down by visit type: medical, mental health, substance abuse, and combined medical, mental health or substance abuse; (2) Length of time between admission and evaluation by the attending emergency room physician; (3) The type of insurance and carriers, and the number of patients who were clients of the department of mental health, the department of children and families or the department of developmental services; (4) The number of required evaluations by an emergency service provider, and as applicable, the average length of time between the initial calls to the emergency service provider and the time the emergency service provider responded; (5) Whether the patient’s insurance type required a prior authorization request, and as applicable, the length of time between a submission of a prior authorization request to the patient’s insurance plan and response time by the insurance plan; and (6) The length of time between the admission decision and the departure time to post-emergency treatment.
The department and the center for health information analysis shall compile an annual report based on the information submitted pursuant to this section that shall be published on the website of the center and shall be submitted to the joint committee on health care financing and the joint committee on mental health and substance abuse on or before December 31 of each year.
Budget Amendment ID: FY2015-S4-718
EHS 718
Massachusetts Hospital School and Public Health Hospital Funding
Mr. Keenan, Ms. Candaras, Mr. Welch, Ms. Donoghue and Mr. Joyce moved that the proposed new text be amended in section 2, in item 4590-0915, moved that the bill be amended in section 2, in item 4590-0915, by striking the figure “$148,563,102” and inserting in place thereof the figure:- “$150,560,872”
Budget Amendment ID: FY2015-S4-719
EHS 719
Massachusetts Housing and Shelter Alliance
Mr. Keenan, Ms. Chandler, Ms. Spilka, Messrs. Rosenberg, Michael O. Moore, DiDomenico and Barrett moved that the proposed new text be amended in section 2, in item 7004-0104, moved that the bill be amended in section 2, in item 7004-0104, by striking out item 7004-0104 and inserting in place thereof the following:-
7004-0104 For the home and healthy for good program operated by the
Massachusetts Housing and Shelter Alliance to reduce the incidence of
chronic homelessness in the commonwealth; provided, not less than
$200,000 shall be expended to continue a supportive housing initiative
for unaccompanied homeless young adult who identify as LGBTQ;
provided further, that the Massachusetts Housing an Shelter Alliance
shall be solely responsible for the administration of this program; and
provided further, that the Massachusetts Housing and Shelter Alliance
shall file a report with the clerks of the house and senate, the
undersecretary of the department of housing and community
development, and the chairs of the house and senate committees on
ways and means not later than January 2, 2015 on the number of people
served, the average cost per participant, the demographics of those
served, whether participants have previously received government
services, and any projected cost-savings in other state-funded programs .........$1,800,000
Budget Amendment ID: FY2015-S4-720
EHS 720
Hospital Infrastructure & Capacity-Building Grants
Messrs. Finegold and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0700, moved that the bill be amended in section 2, in item 4000-0700, by inserting after the word “goals;” the following:- “Provided further, that $45,000,000 shall be expended from this item, or item 4000-0500 if necessary, to achieve maximum federal financial participation, to enhance the ability of hospitals and community health centers to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers.”
Budget Amendment ID: FY2015-S4-721
EHS 721
Childrens Cove
Mr. Wolf moved that the proposed new text be amended in section 2, in item 4800-0038, moved that the bill be amended in section 2, in item 4800-0038, by striking out the language “provided further, that not less than $100,000 shall be expended for the Children’s Cove Cape and Islands Child Advocacy Center” and inserting in place thereof the following:- “provided further, that not less than $140,000 shall be expended for the Children’s Cove Cape and Islands Child Advocacy Center”.
Budget Amendment ID: FY2015-S4-722-R1
Redraft EHS 722
Teen Living Shelter Program
Mr. Finegold, Ms. Spilka, Mr. McGee, Ms. Candaras, Messrs. Donnelly, Rush and DiDomenico, Ms. Forry, Messrs. Brownsberger, Welch, Barrett, Eldridge and Montigny moved that the proposed new text be amended in section 2, in item 4403-2119, moved that the bill be amended in section 2, in item 4403-2119, by striking out the figure “$9,197,502” and inserting in place thereof the following figure:- “$9,397,502”.
Budget Amendment ID: FY2015-S4-723
EHS 723
Increased Funding for Medicaid Inpatient Behavioral Health Services and Community Based Providers
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by inserting the following:- “provided further that as an initial step toward achieving parity in reimbursement rates for behavioral health services, EOHHS shall provide no later than October 1, 2014 an additional $7 million increase to reimbursement rates for hospital-based inpatient behavioral health services in addition to other customary payment rate adjustments to hospital reimbursement methodologies; and provided further an additional $7 million shall be used to increase reimbursement rates in addition to other customary payment rate adjustments to cover the cost of primary care and community-based outpatient and diversionary behavioral health services;”
Budget Amendment ID: FY2015-S4-724
EHS 724
Quality Outcomes
Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
"SECTION __. Notwithstanding any general or special law to the contrary, the bureau of substance abuse services shall create a public facing quality outcomes dashboard. This dashboard shall report on, but not be limited to (i) consumer satisfaction responses including treatment with dignity and respect, appropriatenessof services, expertise of treatment staff, consumer education, and other measures with respect to the provision of substance abuse services; and (ii) nationally recognized Washington Circle and federal SAMSHA outcome-based measurers, including, but not limited to, step-down to next level of care, abstinence measures, and recidivisim to higher levels of care within 14-days and 30-days.
All outcomes reporting and any qualititative assessments of said outcomes shall adjust for and reflect the acuity of patients admitted to a particular service, including, but not limited to, homelessness status, prior mental health treatment, substance abuse treatment, and other co-occurring disorders; provided further that quality outcomes reported on the public facing dashboard shall not constitute grounds for any insurance carrier, as defined in section 1 of chapter 176O, to deny admission or reimbursement for substance abuse services.
Said dashboard shall also include demographic information such as race, ethnicity and gender.
Said dashboard shall be inm place by no later than June 30, 2015."
Budget Amendment ID: FY2015-S4-725
EHS 725
EOHHS Services to the Islands
Mr. Wolf moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by striking the words “take into consideration” and inserting in place thereof the following:- “expend no less than $60,000 to cover”.
Budget Amendment ID: FY2015-S4-726
EHS 726
Increased Bed Capacity
Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section___, the following new section:-
“SECTION _. Notwithstanding any general or special law to the contrary, the department of public health shall prepare a report examining overall substance abuse bed capacity across the full continuum of care from both detox and post-detox treatment as well as a plan to ensure access to both short and long term care and all needed case management and medication assisted treatment (MAT) supports.
The department of public health shall submit the report and plan to the clerks of the house and senate and the joint committee on public health no later than December 31, 2014.”
Budget Amendment ID: FY2015-S4-727-R1
Redraft EHS 727
Interagency Council on Substance Abuse and Prevention
Mr. Wolf moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended by inserting after section 19 the following section: -
“SECTION 19A. Chapter 17 of the General Laws is hereby amended by inserting after section 19 the following section:-
Section 20. (a) There shall be an interagency council on substance abuse and prevention. The council shall: (i) support the efforts of the department of public health to supervise, coordinate and establish standards for the operation of substance use prevention and treatment services; (ii) oversee implementation of initiatives and programs that effectively direct the existing resources and minimize the impact of substance abuse; (iii) develop and recommend formal policies and procedures for the coordination and efficient utilization of programs and resources across state agencies and secretariats; (iv) develop an annual report and submit to the governor, on or before November 30 of each year, all activities of the council and recommend further efforts and resource needs; and (v) review the role and functions of the advisory council on alcoholism and the drug rehabilitation advisory board and recommend changes, as necessary.
(b) The council shall consist of the following members or their designees: the secretary of health and human services who shall serve as chair; the secretary of public safety; the secretary of elder affairs; the secretary of veterans affairs; the commissioner of education; the commissioner of correction; the chair of the parole board; the commissioner of probation; the commissioner of public health; the commissioner of youth services; the commissioner of mental health; the commissioner of developmental services; the commissioner of the Massachusetts rehabilitation commission; the commissioner of transitional assistance; the commissioner of children and families; the commissioner of the center for health information and analysis; the commissioner for the deaf and hard of hearing; the commissioner of early education and care; the assistant commissioner of public health for substance abuse services; the director of Medicaid; a representative of the juvenile court; a representative of the superior court; a representative of the district court; a representative of the governor's office; 1 private citizen who is recovering from substance abuse problems who shall be appointed by the governor; 1 member appointed by the president of the senate; 1 member appointed by the speaker of the house; 1 member appointed by the senate minority leader; 1 member appointed by the house minority leader; and other appropriate representatives as determined by the governor. The council may appoint an executive director to perform administrative functions and advocate on behalf of the council. All members shall serve without compensation in an advisory capacity.
(c) The council shall meet at least 4 times annually and shall establish task groups, meetings, forums and any other activity deemed necessary to carry out its mandate.
(d) The council shall establish an executive committee composed of at least 11 members who shall meet on a bi-monthly basis to provide guidance on the recommendations of the council. At minimum, the executive committee shall be comprised of the following members or their designees: the secretary of health and human services; the secretary of public safety; the commissioner of public health; the commissioner of children and families; the commissioner of correction; the commissioner of mental health; the commissioner of youth services; the director of Medicaid; the assistant commissioner of public health for substance abuse services; and at least 2 additional members from the council.
(e) All affected agencies, departments and boards of the commonwealth shall fully cooperate with the council. The council may call and rely upon the expertise and services of individuals and entities outside of its membership for research, advice, support or other functions necessary and appropriate to further accomplish its mission.”
Budget Amendment ID: FY2015-S4-728
EHS 728
ASSIST (Addiction/Sobriety Solutions through Increased Substance Treatment) Act
Mr. Wolf moved that the proposed new text be amended moved that the bill be amended by inserting, after section 88, the following new section: -
“SECTION __. There is hereby established a special commission for the purposes of investigating and studying the development of criteria for mandated treatment or monitoring of nonviolent offenders with substance addictions and to expand effective, evidence based addiction treatment programs for nonviolent substance addicted offenders.
The commission shall consist of the court administrator or a designee, who shall serve as co-chair; the director of the bureau of substance abuse services or a designee, who shall serve as co-chair; the chief justice of the trial court or a designee; the attorney general or a designee; the secretary of public safety and security or a designee; the commissioner of the department of correction or a designee; the chair of the parole board or a designee; the commissioner of the department of probation or a designee; the chief counsel of the committee for public counsel services or a designee; the commissioner of the department of mental health or a designee; the secretary of the department of veterans' services or a designee; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the senate minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the house minority leader; the president of the Massachusetts District Attorneys Association or a designee; the president of the Massachusetts Bar Association or a designee; and 2 members appointed by the governor, 1 of whom shall be a substance addiction treatment expert and 1 of whom shall be a mental health treatment expert.
Such investigation and study shall include, but not be limited to: (a) an evaluation of the application and effectiveness of "Standards on Substance Abuse," approved by the justices of the supreme judicial court on April 28, 1998, and recommendations to improve and ensure the consistent application of the standards in the courts; (b) an evaluation and recommendations for improvement of specialty courts that address substance addictions, including current eligibility requirements or practices, availability of such courts and use of best practices in establishing quality of services; (c) the optimum number and estimated expansion costs associated with the drug courts necessary to meet the needs of the total annual number of nonviolent substance addicted offenders; (d) an evaluation of the number and type of nonviolent offenses committed by substance addicted defendants adjudicated in the commonwealth; (e) the development of a definition of nonviolent substance addicted offender; (f) an examination of best practices relative to specialty courts that deal with substance addicted offenders, both within the commonwealth and in other states; (g) an assessment of the quantity, quality and availability of effective, evidence based addiction treatment programs in the commonwealth; and (h) an assessment of the cost of expanding addiction treatment resources to meet the needs of the total annual number of nonviolent substance addicted offenders.
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 the judiciary, the joint committee on public health, the joint committee on mental health and substance abuse, and the clerks of the house of representatives and the senate on or before December 31, 2014.”
Budget Amendment ID: FY2015-S4-729
EHS 729
Partnership for Healthy Pathways
Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4800-0038, moved that the bill be amended in section 2, in item 4800-0038, by inserting after the word “Amherst” the following: “provided further, that no less than $570,000 shall be expended for mental health clinics to serve school districts through the Partnership for Healthy Pathways (PHP) project”; and in said item, by striking out the figures “$260,165,865” and inserting in place thereof the figures “$260,735,865”
Budget Amendment ID: FY2015-S4-730
EHS 730
Veterans Services on Martha’s Vineyard
Mr. Wolf moved that the proposed new text be amended in section 2, in item 1410-0012, moved that the bill be amended in section 2, in item 1410-0012, by adding at the end thereof: “provided further, that not less than $75,000 shall be expended for Martha’s Vineyard Community Services”.
Budget Amendment ID: FY2015-S4-731
EHS 731
Preserving Rate Increases for Medicaid Enrollees
Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 4000-0500, moved that the bill be amended in section 2, in item 4000-0500, by adding at the end thereof the following: ”provided further, that the office of Medicaid shall provide a two percent rate increase for the managed care organizations that are under contract with the commonwealth to deliver managed care services to Masshealth and care plus enrollees, said rate increase shall not be used to reduce in any way the calculation of additional financial obligations of the managed care organizations, including increases to the Medicaid fee schedules for hospital and physician services, the affordable care act’s insurer fee and the related tax liability, and any other costs that arise during the fiscal year that were not included in the development of the managed care capitation payments."
Budget Amendment ID: FY2015-S4-732
EHS 732
Domestic Violence Services
Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 4800-1400, moved that the bill be amended in section 2, in item 4800-1400, by inserting at the end the following: "; provided further, that no less than $150,000 shall be expended for Portal to Hope in the City of Everett” and in said item,by striking the figures "$23,201,437" and inserting in place thereof the figures "$23,351,437"
Budget Amendment ID: FY2015-S4-733
EHS 733
Weymouth Teen Center
Messrs. Hedlund and Michael O. Moore moved that the proposed new text be amended in section 2, in item 4800-0038, moved that the bill be amended in section 2, in item 4800-0038, by inserting after “County;” the following: "provided further, 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;"
Budget Amendment ID: FY2015-S4-734-R1
Redraft EHS 734
Friends of the Homeless
Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 7004-0099, move that the bill be amended, in section 2, in item 7004-0099, by adding the following words: “;provided further that $350,000 shall be expended for the expansion of a homeless resource center located at a homeless shelter in Springfield ”; and
In said section 2, in said item 7004-0099, by striking out the figure "$40,551,657” and inserting in place thereof the following figure:- “$40,901,657”.
Budget Amendment ID: FY2015-S4-735-R1
Redraft EHS 735
Domestice Violence Shelters
Ms. Candaras, Messrs. Michael O. Moore and Welch moved that the proposed new text be amended in section 2, in item 4800-1400, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4800-1400, by adding the following words:- “and provided further, that not more than $1,100,000 shall be expended to increase purchased room capacity at current domestic violence shelter providers via an open solicitation to be awarded based on factors determined by the department of children and families, including demonstrated need in the community”; and
in said section 2, in said item 4800-1400, by striking out the figure “$23,201,437” and inserting in place thereof the following figure:- “$24,301,437”.
Budget Amendment ID: FY2015-S4-736
EHS 736
Dental Care for Disabled Adults
Ms. Chandler, Messrs. Lewis, Michael O. Moore, Barrett, Kennedy and Downing moved that the proposed new text be amended in section 2, in item 4512-0500, moved that the bill be amended in section 2, in item 4512-0500, "provided further that not less than $1,459,525 shall be expended for the Commonwealth's comprehensive dental program for adults with developmental disabilities and by striking out the figures "$1,478,659" and inserting in place thereof the figures "$2,028,659"
Budget Amendment ID: FY2015-S4-737
EHS 737
Unaccompanied Homeless Youth
Ms. Chandler, Messrs. Lewis and Michael O. Moore, Ms. Candaras, Ms. O'Connor Ives, Ms. Forry, Messrs. Joyce, DiDomenico and Kennedy, Ms. Jehlen and Mr. Barrett moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, "provided that $500,000 be provided for the work of the Massachusetts Unaccompanied Homeless Youth Commission to determine the scope of need among unaccompnaied youth and young adults ages 24 and under 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 "89,446,479" and inserting in place thereof the figures "89,946,479"
Budget Amendment ID: FY2015-S4-738-R1
Redraft EHS 738
Skilled Nursing Facilities
Ms. Chandler, Ms. Jehlen, Mr. Lewis, Ms. Creem, Messrs. Finegold and Keenan, Ms. Forry, Messrs. DiDomenico, Donnelly and Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section 122, the following new section:-
"SECTION 122A. The department of public health shall amend the licensure procedure and suitability requirements for long-term care facilities to implement a hearing process that would precede approval of and allow for public input on any application for a license, notice of intent for transfer of ownership or notice of intent to sell or close any skilled nursing facility whether for-profit or non-profit.”
Budget Amendment ID: FY2015-S4-739
EHS 739
DDS Operated Services
Ms. Candaras moved that the proposed new text be amended in section 2, in item 5920-2010, moved that the bill be amended in section 2, in item 5920-2010, by striking out the figure “$205,583,619 “ and inserting in place thereof the following figure “$206,309,614”
Budget Amendment ID: FY2015-S4-740-R1
Redraft EHS 740
American Red Cross
Messrs. Rush, Timilty and Wolf, Ms. Candaras, Mr. Lewis and Ms. Forry moved that the proposed new text be amended in section 2, in item 8800-0001, moved that the bill be amended in section 2, in item 8800-0001, in line 3, by inserting after the word “authorities” the following words:- “provided further, that not less than $500,000 shall be expended for the American Red Cross of Massachusetts”; and in said item by striking out the figures "$1,650,031" and inserting in place thereof the figures "$2,150,031"
Budget Amendment ID: FY2015-S4-741
EHS 741
Mother and Child Residential Wellness Program
Ms. Candaras moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by striking out the figure “$88,827,334” and inserting in place thereof the figure:- “$89,727,334”
And further by inserting at the end thereof:-
“; provided further that $900,000 shall be expended for a licensed family residential program in Hampden County.”
Budget Amendment ID: FY2015-S4-742-R2
2nd Redraft EHS 742
Ensuring Medicaid and Senior Care Organizations Fiscal Stability Under the Affordable Care Act
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by inserting after the words “these expenditures” the following words:- “; provided further, that MassHealth shall reimburse managed care organizations and senior care organizations that are under contract with the commonwealth for the Medicaid portion of the costs associated with the Affordable Care Act’s insurer fee; provided further, that MassHealth shall apply an add-on to the managed care organizations’ and senior care organizations’ capitation rates to cover the Affordable Care Act’s insurer fee and said add-on shall be exclusive of any additional rate increase currently being proposed for the fiscal year 2015; provided further, that MassHealth shall provide a report of the amount of reimbursement of the Affordable Care Act’s insurer fee and the related tax liability and the methodology for calculating said reimbursement to the managed care organizations and senior care organizations and the house and senate committees on ways and means and the joint committee on health care financing”.
Budget Amendment ID: FY2015-S4-743-R2
2nd Redraft EHS 743
Young Adults Aging Out
Ms. Candaras and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 5920-2000, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 5920-2000, by adding the following words:- “; and provided further, that not less than $450,000 shall be expended for the establishment of a group home to be located in the city of Springfield for individuals with hearing disabilities”; and
in section 2, in said item 5920-2000, by striking out the figure “1,007,638,217” and inserting in place thereof the following figure:- “1,008,088,217”.
Budget Amendment ID: FY2015-S4-744
EHS 744
Distressed Community Health Center Fund
Messrs. Kennedy and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting after section xx the following new 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 the following words after subsection (6):-, 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
(e) Section 2GGGG of chapter 29 is hereby amended by striking out the words "qualified acute hospitals”, in each instance, and inserting in place thereof, in each instance, the following words:- , qualified acute hospitals and community health centers
Budget Amendment ID: FY2015-S4-745
EHS 745
Immigrant Mental Health
Ms. Creem moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended in section 2, in item 5046-0000, by inserting after the words “fiscal year 2015” the following words:- “; and provided further, that not less than $150,000 shall be expended to the International Institute of New England for culturally and linguistically appropriate mental health services for immigrants and refugees who have experienced torture and trauma”, and in said item by striking out the figures ʺ$357,569,145” and inserting in place thereof the figures:- “$357,719,145”.
Budget Amendment ID: FY2015-S4-746
EHS 746
Electronic Health Records
Mr. Kennedy moved that the proposed new text be amended moved that the bill be amended by inserting after section xx the following new section:
“Section XXX. Section 286 of chapter 224 of the acts of 2012, is hereby further amended by striking out “2017” and inserting in place thereof the following, “2020.””
Budget Amendment ID: FY2015-S4-747
EHS 747
Transportation Assistance for TAFDC Recipients
Ms. Spilka moved that the proposed new text be amended in section 2, in item 4401-1000, moved that the bill be amended in section 2, in item 4401-1000, moved to amend the bill, by inserting at the end thereof the following:-
"provided further, that a $80 per month transportation allowance shall be paid to reimburse recipients who incur transportation costs to participate in education, training or work activities approved by the department.”
Budget Amendment ID: FY2015-S4-748
EHS 748
DDS Sheltered Workshops
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended in section 2, in item 1599-0200, moved that the bill be amended in section 2, in item 1599-0200, by inserting at the end thereof the following:- “; and provided further that the department shall not close or reduce the funding of a sheltered workshop until all persons currently served by that workshop voluntarily accept community placement”
Budget Amendment ID: FY2015-S4-749
EHS 749
Smith-Magenis Syndrome
Messrs. Rush, Lewis and Donnelly moved that the proposed new text be amended in section 2, in item 5911-1003, moved that the bill be amended in section 2, in item 5911-1003, by adding at the end thereof the following: “provided further that not less than $20,000 shall be expended for a qualified Smith-Magenis Syndrome professional to assist the service needs of Smith-Magenis Syndrome patients”
Budget Amendment ID: FY2015-S4-750
EHS 750
Indigent Burials
Ms. Chandler moved that the proposed new text be amended moved that the bill be amended by inserting after, section ___, the following new section:-
"SECTION___The department of transitional assistance shall provide for the decent final disposition of all deceased persons who are at the time of death recipients of aid or assistance under this chapter, all deceased persons who, although without means of support at the time of death, did not apply for such aid or assistance and all unknown persons found dead. The commonwealth may recover this expense from any legally liable family members in the manner provided in this chapter, and if such family members do not pay this expense, the commonwealth shall pay an amount not exceeding $1,100 to the funeral establishment if the total expense of the funeral and final disposition does not exceed $4,400. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person in excess of $2,000."
Budget Amendment ID: FY2015-S4-751
EHS 751
Rehabilitation Facility
Ms. Flanagan moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by inserting, after the words “current fiscal year expenditure refunds;”, in lines 32 and 33 the following words:-
“provided further, that not less than $1,000,000 shall be expended for costs associated with the purchase and renovation of a mental health and drug and alcohol rehabilitation facility in the town of Petersham to serve the North Quabbin region and North Central Massachusetts;”; and
in said section 2, in said item 4000-0300, by striking out the figure “$89,446,479” and inserting in place thereof the following figure:- “$90,446,479”.
Budget Amendment ID: FY2015-S4-752-R1
Redraft EHS 752
Civil War Preservation Grants
Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 1410-1616, moved that the bill be amended in section 2, in item 1410-1616, by adding the following words:- “; 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 for the preservation of Civil War related historic documents; and provided further, that not more than 10 per cent of the funds in this item shall be expended for the administration of Civil War sesquicentennial projects”; and in said section 2, in said item 1410-1616, by striking out the figure “$370,000” and inserting in place thereof the following figure:- “$570,000”.
Budget Amendment ID: FY2015-S4-753
EHS 753
DMH Continuning Care Beds
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, moved that the bill be amended in section 2, in item 5095-0015,
by striking out line item 5095-0015 in its entirety and inserting in place thereof the following:-
“5095-0015 For the operation of hospital facilities and community-based mental health services; provided, that in order to comply with the decision in Olmstead v. L.C., 527 U.S. 581, and to enhance care for clients served by the department, the department shall discharge clients residing in the inpatient facilities to residential services in the community when: (i) the client is deemed clinically suited for a more integrated setting; (ii) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (iii) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in inpatient care; provided further, that any client transferred to another inpatient facility as the result of a facility closure shall receive a level of care that is equal to or greater than the care that had been received at the closed facility; provided further, that the department shall allocate funds not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer for residential and day services for clients formerly receiving inpatient care at the centers and facilities; provided further, that the department shall maintain no fewer inpatient beds in fiscal year 2015 than were maintained in fiscal year 2014; provided further, that the department shall maintain no fewer than 680 inpatient beds by June 30, 2015; provided further, that the department shall operate no fewer than 234 adult continuing care inpatient beds as of January 15, 2015 and no fewer than 260 adult continuing care inpatient beds as of April 15, 2015 at Worcester Recovery Center and Hospital; and provided further, that in fiscal year 2015, 54 beds shall be continuing care inpatient beds on the campus of Taunton State Hospital"
Budget Amendment ID: FY2015-S4-754
EHS 754
Homeless Veterans
Mr. DiDomenico and Ms. Forry moved that the proposed new text be amended in section 2, in item 1410-0010, moved that the bill be amended in section 2, in item 1410-0010, by adding the following: "; provided further, that not less than $90,000 shall be expended for support services for a permanent housing program for homeless veterans located in Chelsea, Massachusetts"; and in said item by striking out the figures "$2,810,361" and inserting in place thereof "$2,900,361"
Budget Amendment ID: FY2015-S4-755
EHS 755
Councils on Aging Grants
Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 9110-9002, moved that the bill be amended in section 2, in item 9110-9002, by inserting the following: "; provided further, that not less than $65,000 shall be expended for a one time grant to the City of Everett"; and in said item by striking out the figures "$11,500,000" and inserting in place thereof, "$11,565,000"
Budget Amendment ID: FY2015-S4-756
EHS 756
Food Protection Program Retained Revenue
Ms. Creem, Messrs. Lewis and Eldridge moved that the proposed new text be amended in section 2, in item 4510-0020, moved that the bill be amended in section 2, in item 4510-0020, by striking out the figures "$72,775" and inserting in place thereof the figures:- "$233,203".
Budget Amendment ID: FY2015-S4-757
EHS 757
Community Health Workers Initiative
Mr. Tarr moved that the proposed new text be amended in section 2, in item 4125-0100, moved that the bill be amended in section 2, in item 4125-0100, by inserting after the word “hearing” the following:- “; provided that at least $100,000 shall be expended for a pilot program to establish a specialized community health workers peer-to-peer model to improve hearing health”; and in said item by striking out the figure “$5,822,553” and inserting in place thereof the figure “$5,922,553”
Budget Amendment ID: FY2015-S4-758
EHS 758
Head Injury Services
Ms. Chandler, Mr. Michael O. Moore, Ms. Creem and Mr. Barrett moved that the proposed new text be amended in section 2, in item 4120-6000, moved that the bill be amended in section 2, in item 4120-6000, by striking out the figures “$15,659,292” and inserting in place thereof the following figures "$17,659,292,".
Budget Amendment ID: FY2015-S4-759
EHS 759
DMH Nonviolent Offenders
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, moved that the bill be amended in section 2, in item 5095-0015,
by inserting at the end thereof the following new text:-
“; provided further that the department shall develop a state operated program for nonviolent offenders with mental health diagnoses currently serving their sentences in state or county correctional facilities on the campus of Taunton State Hospital.”
Budget Amendment ID: FY2015-S4-760
EHS 760
Massachusetts Rehabilitation Commission
Ms. Chandler, Messrs. Michael O. Moore and Barrett moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
"SECTION ___. Notwithstanding any general or special law to the contrary, the Massachusetts rehabilitation commission shall establish a pilot community center to be located in Worcester county by June 30, 2015 and, subject to the availability of funds, a pilot multi-service center to be located in the northeast section of the commonwealth."
Budget Amendment ID: FY2015-S4-761-R1
Redraft EHS 761
Emergency Medical Services Data Collection
Ms. Creem moved that the proposed new text be amended moved that the bill be amended by inserting, after section 122, the following section:-
“SECTION 122A. (a) Notwithstanding any general or special law to the contrary, all state crime laboratories and facilities established pursuant to section 7 of chapter 22E of the General Laws, and all local police departments shall undertake a physical inventory of sexual assault evidence collection kits in their possession by November 1, 2014. The director of the state crime laboratory and the chief law enforcement officer of each city and town shall provide a written report to the secretary of public safety and security not later than December 1, 2014, indicating: (i) the number of sexual assault evidence collection kits in their possession containing forensic evidence, as defined by section 220 of chapter 111 of the General Laws, that have not undergone DNA analysis, as defined by section 1 of chapter 22E of the General Laws, as of September 1, 2014; and (ii) the month and year that each untested sexual assault evidence collection kit containing forensic evidence was received by the reporting laboratory or local police department.
(b) The secretary of public safety and security shall prepare and transmit a report to the clerks of the house of representatives and the senate containing the information reported under this section on or before January 1, 2015. The report shall include recommendations to timely process sexual assault evidence collection kits and clear the backlog, if any.”
Budget Amendment ID: FY2015-S4-762-R1
Redraft EHS 762
Cogic Family Services
Mr. Welch moved that the proposed new text be amended in section 2, in item 4513-1111, moved that the bill be amended in section 2, in item 4513-1111, by inserting after the word “Dartmouth” the following words:- “; provided further that not less than $100,000 shall be expended for the Cogic Family Services’ Fit Body and Soul Program in Springfield” and in said item 4513-1111 by striking out the figure “$3,342,958” and inserting in place thereof the following figure:- “$3,442,958”
Budget Amendment ID: FY2015-S4-763-R1
Redraft EHS 763
Assistance to Runaway Children
Ms. Spilka, Messrs. Barrett and Brownsberger, Ms. Chandler, Mr. Eldridge, Ms. Forry, Mr. Michael O. Moore, Ms. Candaras, Messrs. Keenan and Lewis moved that the proposed new text be amended in section 2, in item 4000-0051, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4000-0051, by inserting after the words "assess quality" the following: "provided further that said network of child and family service programs shall coordinate with the executive office of health and human services, the department of early education and care, and municipal police departments to provide emergency assistance to runaway children at times when the juvenile court is not open, consistent with the requirements of paragraph (ii) of section 39H of chapter 119 of the General Laws;" and in said item by striking out the figure "$6,304,105" and inserting in place thereof the figure "$8,304,105"
Budget Amendment ID: FY2015-S4-764-R1
Redraft EHS 764
Medical Necessity Utilization Review Criteria
Mr. Welch moved that the proposed new text be amended moved that the bill be amended by inserting after section 9 the following section:-
“SECTION 9A. Section 16 of chapter 6D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 9 to 12, inclusive, the words “Utilization review criteria, medical necessity criteria and protocols must be made available to the public at no charge regardless of proprietary claims” and inserting in place thereof the following words:- Utilization review criteria, medical necessity criteria and protocols shall be provided: (i) with a notice of adverse determination, (ii) upon request, to an insured who has not received a notice of adverse determination, to the insured’s provider or to the insured’s representative, the criteria and protocols that relate to a specific diagnosis or treatment, (iii) upon request to the office of patient protection and the division of insurance; provided, that such criteria and protocols shall not be public records and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and section 10 of chapter 66 and (iv) upon request, to members of the public at no charge; provided, that this clause shall not apply to criteria and protocols that are determined to be proprietary by the commission.”; and
by inserting after section 81 the following 2 sections:-
“SECTION 81A. The second paragraph of section 12 of chapter 176O of the General Laws, as appearing in section 199 of chapter 224 of the acts of 2012, is hereby amended by striking out the third sentence and inserting place thereof the following sentence:- Utilization review criteria shall be applied consistently by a carrier or a utilization review organization and made easily accessible and up-to-date on a carrier or utilization review organization’s website to subscribers, health care providers and the general public in accordance with section 16 of chapter 6D.
SECTION 81B. Section 16 of said chapter 176O, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “public”, in line 27, the following words:- in accordance with section 16 of chapter 6D.”; and
by inserting after section 131 the following section:-
“SECTION 131A. Section 81A shall take effect on October 1, 2015.”.
Budget Amendment ID: FY2015-S4-765
EHS 765
Cochlear Implants
Mr. Rosenberg moved that the proposed new text be amended moved that the bill be amended by inserting the following new section:-
"SECTION __. Mass Health and any commercial insurer that insures Mass Health subscribers shall implement regulations to provide follow-up care for external sound processor replacements and upgrades, parts and accessories, and appropriate batteries to patients with external cochlear implant processors, consistent with the provisions of the Affordable Care Act of 2010. This section shall be effective as of September 30, 2014."
Budget Amendment ID: FY2015-S4-766-R1
Redraft EHS 766
Franklin County Opiate Education & Awareness Task Force
Messrs. Rosenberg and Downing moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- “provided further that no less than $100,000 be disbursed through the Franklin County Sheriff’s office to the Opiate Education & Awareness Task Force in Franklin County” and
in section 2, in said item 4512-0200, by striking out the figure “88,827,334” and inserting in place thereof the following figure:- “88,927,334”.
Budget Amendment ID: FY2015-S4-767
EHS 767
Domestic Violence Shelters and Support Services
Mr. Keenan, Ms. Jehlen, Mr. Eldridge, Ms. Spilka, Ms. Creem, Messrs. Brownsberger and Barrett, Ms. Forry and Mr. Montigny moved that the proposed new text be amended in section 2, in item 4800-1400, moved that the bill be amended in section 2, in item 4800-1400, by striking out the figure "$23,201,437" and inserting in place thereof the figure:- "$26,900,000.”
Budget Amendment ID: FY2015-S4-768-R1
Redraft EHS 768
Head Start
Mr. Keenan, Ms. Jehlen, Messrs. Rush and Hedlund, Ms. Chang-Diaz, Messrs. Wolf, Lewis, Donnelly, Eldridge and Brownsberger, Ms. Forry, Ms. Spilka, Messrs. DiDomenico, Montigny and Michael O. Moore moved that the proposed new text be amended in section 2, in item 3000-5000, moved that the bill be amended in section 2, in item 3000-5000, by striking out the figure "8,100,000" and inserting in place the figure "9,100,000".
Budget Amendment ID: FY2015-S4-769
EHS 769
Increase in Gold Star Annuity
Messrs. Keenan, Rush and Hedlund, Ms. O'Connor Ives, Messrs. Pacheco, DiDomenico, Tarr and Montigny moved that the proposed new text be amended in section 2, in item 1410-0400, moved that the bill be amended in section 2, in item 1410-0400, by striking out the figure “$74,632,168“ and inserting in place thereof the following:- “$80,482,168 ”; 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: FY2015-S4-770
EHS 770
State Public Health Laboratory Feasibility Study
Messrs. Keenan and Donnelly, Ms. Creem and Mr. Lewis moved that the proposed new text be amended in section 2, in item 4516-1000, moved that the bill be amended in section 2, in item 4516-1000, by inserting after the words “treatment services;” the following:-
“provided further, that not less than $2,000,000 shall be expended on a planning study by the department to examine the feasibility of a new state public health laboratory and the investment needed to define the scope of the proposed project, with such study examining the following: (i) identification of the needs and technical requirements for a new public health laboratory facility linked to state hospital capacity; (ii) overall laboratory and office space needs; (iii) site constraints and opportunities; (iv) site development and construction costs; (v) scope of work for final building design, permit requirements and other technical concerns;”
and to further amend said item by striking the figure “$12,994,471” and inserting in place thereof the figure “$14,994,471”
Budget Amendment ID: FY2015-S4-771
EHS 771
Teenage pregnancy prevention services
Mr. Keenan, Ms. Chang-Diaz, Ms. Jehlen, Messrs. Michael O. Moore and DiDomenico, Ms. Creem, Messrs. Brownsberger and Eldridge, Ms. Forry and Mr. Montigny moved that the proposed new text be amended in section 2, in item 4530-9000, moved that the bill be amended in section 2, in item 4530-9000, by striking out the figure "$2,548,742" and inserting in place thereof the figure "$3,000,000"
Budget Amendment ID: FY2015-S4-772-R1
Redraft EHS 772
Transparency for Mental Health Parity I
Messrs. Keenan and Donnelly, Ms. Forry, Messrs. Joyce, Pacheco and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting after section __the following new section:-
SECTION __. Section 13 of chapter 176O of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following subsection:-
“(e) for any grievance involving a denial of coverage for mental health services, including behavioral health and substance abuse disorder services, the carrier shall provide to the insured, and to the insured’s authorized representative if any, in addition to all other notices required under this chapter, a statement certifying and specifically describing the following:
(i) That the carrier, or the carrier’s utilization review organization or other subcontracted entity, denied coverage in compliance with applicable state parity requirements for providing coverage on a nondiscriminatory basis as defined at Chapter 80 of the Acts of 2000;
(ii) The quantitative and non-quantitative treatment limitations applied during review, and how said limitation criteria comply with state and federal parity regulations, including those codified at 42 U.S. Code § 300gg–26, and regulations implemented pursuant to section 8K of chapter 26 of the General Laws; and
(iii) A certification that the carrier’s claim processing and utilization review methods complied with the above parity requirements.
Budget Amendment ID: FY2015-S4-773
EHS 773
Transparency for Mental Health Parity II
Messrs. Keenan and Donnelly, Ms. Forry, Messrs. Joyce and Pacheco moved that the proposed new text be amended moved that the bill be amended by inserting after section __, the following new section:-
SECTION __: Section 113 of chapter 58 of the acts of 2006 is hereby amended by inserting after the first sentence the following sentence:-
“Managed care organizations shall be required to file with MassHealth any contracts or subcontracts for the management and delivery of behavioral health services by specialty behavioral health organizations to MassHealth members, and MassHealth shall disclose such contracts upon request”
Budget Amendment ID: FY2015-S4-774
EHS 774
Arlington Youth Counseling Center
Mr. Donnelly moved that the proposed new text be amended in section 2, in item 5042-5000, moved that the bill be amended in section 2, in item 5042-5000, by adding at the end thereof the following: “provided that the department shall expend not less than $150,000 for the Arlington Youth Counseling Center”; and in said item, by striking out the figures “$87,620,612” and inserting in place thereof the figures “$87,770,612”
Budget Amendment ID: FY2015-S4-775-R1
Redraft EHS 775
Assisted Outpatient Treatment Pilot Program
Messrs. Donnelly, DiDomenico and Joyce moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended, in section 2, in item 5046-0000, by inserting after the word “facilities” the following words:- “; provided further, that the department shall expend not less than $250,000 to develop and implement an assisted outpatient treatment pilot program to treat residents who suffer from serious and persistent mental illness and experience repeated interaction with law enforcement or have a high rate of recurring hospitalization due to their mental illness either through a voluntary agreement with the resident or by court order mandating that the resident receive the treatment described in this program; provided further, that the department shall report not later than June 1, 2015, to the house and senate committees on ways and means and the joint committee on mental health and substance abuse the progress and results of the pilot program and any identified barriers and challenges to treatment for the aforementioned treatment group”; and
in said section 2, in said item 5046-0000, by striking out the figure “357,569,145” and inserting in place thereof the following figure:- “$357,819,145”.
Budget Amendment ID: FY2015-S4-776
EHS 776
North Shore Health Project Hepatitis C
Mr. Tarr moved that the proposed new text be amended in section 2, in item 4512-0103, moved that the bill be amended in section 2, in item 4512-0103, by inserting after the word “conditions;” the following:- “provided further, that not less than $120,000 shall be expended to conduct a hepatitis C pilot program at the North Shore Health Project;” and in said item by striking out the figure “$32,109,847” and inserting in place thereof the figure “$32,229,847”
Budget Amendment ID: FY2015-S4-777
EHS 777
Project Interface
Mr. Hedlund moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended in section 2, in item 5046-0000, by inserting after "services;" the following: "provided further, that not less than $100,000 shall be expended for Project Interface, on the South Shore in the communities of Cohasset, Duxbury, Hanover, Hingham, Kingston, Marshfield, Norwell, Pembroke, and Scituate;"
Budget Amendment ID: FY2015-S4-778
EHS 778
Hinton State Lab Operations Funding
Mr. Donnelly, Ms. Creem, Ms. Chang-Diaz, Messrs. Lewis, Welch, Brownsberger and Barrett moved that the proposed new text be amended in section 2, in item 4516-1000, moved that the bill be amended in section 2, in item 4516-1000, by striking out the figure "$12,994,471" and inserting in place thereof the following figure:- "13,384,426".
Budget Amendment ID: FY2015-S4-779
EHS 779
DMH Forensic Service Parity
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, moved that the bill be amended in section 2, in item 5095-0015,
by inserting at the end thereof the following new text:-
“; provided further that the department, in the form of mental health parity, shall develop a 25 bed state operated forensic unit on the campus of Taunton State Hospital, 12 beds of which shall be on a female court evaluation unit for residents of the Southeast area and 13 beds of which shall be on a male court evaluation unit for residents of the Southeast area.”
Budget Amendment ID: FY2015-S4-780
EHS 780
Prim Board
Mr. Keenan, Ms. Spilka, Messrs. Lewis, Joyce, Donnelly and DiDomenico, Ms. Creem, Ms. Jehlen, Mr. Hedlund, Ms. Candaras, Mr. Eldridge, Ms. O'Connor Ives, Messrs. McGee, Pacheco and Montigny moved that the proposed new text be amended moved that the bill be amended by inserting after section __, the following new sections:- SECTION _. Subsection (2A) of section 23 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out the word “nine”, in line 179, and inserting in place thereof the following word:- “eleven”; and subsection (2A) of said section 23 of said chapter 32 as so appearing, is hereby further amended by inserting after the word “board,”, in line 181, the following words:- “the Secretary of the Commonwealth or a designee, the president of the Massachusetts Association of Contributory Retirement Systems or a designee,”
Budget Amendment ID: FY2015-S4-781
EHS 781
Spouses as Caregivers
Ms. Candaras and Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting a new section at the end thereof:-
SECTION XX. Section 9 of Chapter 118 E is hereby amended by adding in the second sentence of the second paragraph, after the words “requirements for Title XIX” the following new language:-- Any program of home and community based services funded pursuant to the provisions of this chapter or pursuant to the provisions chapter one hundred and eighteen G, in which family members are permitted to serve as paid caregivers, shall include spouses within the definition of family member.
Budget Amendment ID: FY2015-S4-782-R1
Redraft EHS 782
Bridgewater State Hospital Working Group
Ms. Forry moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moves to amend the bill by inserting after section 86 the following section:-
“SECTION 86A. (a) There shall be a legislative-executive working group to examine and make recommendations relative to Bridgewater state hospital including the provision of mental health services, the care and protection of the inmates at the hospital and the development and implementation of specialized or general training requirements for all hospital employees coming into contact with the inmates at the hospital. The working group shall consider and make recommendations for ways to effectuate better coordination and cost containment of mental health services, care and protection, initial and in-service trainings, record keeping and oversight of the hospital.
(b) The working group shall consist of the following 9 members: (i) the house and senate chairs of the joint committee on public safety and homeland security, who shall serve as co-chairs; (ii) the house and senate chairs of the joint committee on mental health and substance abuse; (iii) 1 member of the house of representatives, who shall be selected by the house minority leader; (iv) 1 member of the senate, who shall be selected by the senate minority leader; (v) the commissioner of mental health or a designee; (vi) the commissioner of correction or a designee; and (vii) the commissioner of public health or a designee. As necessary, the working group: (A) shall meet with affected stakeholders; (B) shall consult and collaborate with nongovernmental organizations that have expertise that may benefit the working group; and (C) may create advisory groups that include affected stakeholders.
(c) The working group shall file a report not later than March 1 2015, including recommendations and any proposed legislation, with the clerks of the house and senate and the house and senate chairs of the committees on ways and means.”.
Budget Amendment ID: FY2015-S4-783
EHS 783
Substance Abuse Speaking Engagements
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507, by adding the following words:- “and provided further, that not less than $200,000 shall be provided to the Alliance of Massachusetts YMCAs, Inc., to support impact speaking engagements for high school aged youth on the subject of substance abuse, with the goal of performing twice in each county”; and by striking out the figure “$3,050,000” and inserting in place thereof the following figure:- “$3,250,000”.
Budget Amendment ID: FY2015-S4-784
EHS 784
Soldier On
Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 1410-0250, moved that the bill be amended in section 2, in item 1410-0250, by adding at the end thereof the following:- “provided further, that not less than $220,000 shall be obligated for a contract with the Soldier On shelter located in Town of Leeds”
Budget Amendment ID: FY2015-S4-785
EHS 785
Dimock Center Detox Renovation
Ms. Forry, Messrs. DiDomenico and Joyce moved that the proposed new text be amended in section 2, in item 4510-0110, moved that the bill be amended in section 2, in item 4510-0110, by inserting after “services” the following:- “; provided further, that $475,000 be expended on the Design Development and Construction Document Phases of the Seawall Inpatient Detox Building Renovation Project at the Dimock Center in Roxbury, and further moves to amend said item by striking out the figure “$1,037,840” and inserting in place thereof the following figure:-“$1,512,840.00"
Budget Amendment ID: FY2015-S4-786
EHS 786
Boys and Girls Clubs
Messrs. DiDomenico, Lewis, Welch, Wolf, Rodrigues and Donnelly, Ms. Candaras, Mr. Eldridge, Ms. Spilka, Messrs. Hedlund and Michael O. Moore, Ms. Lovely, Mr. Petruccelli, Ms. Donoghue, Ms. Creem, Mr. Finegold, Ms. Forry, Messrs. Kennedy and Humason moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507, by striking out item 4590-1507 and inserting in place thereof the following item:- "4590-1507 For matching grants to the Massachusetts Alliance of Boys & Girls Clubs, Inc., the Alliance of Massachusetts YMCAs, the YWCA organizations, nonprofit community centers and teen empowerment and youth development programs; provided, that the department of public health shall award the full amount of each grant to each organization upon commitment of matching funds from those organizations; provided further, that the department of public health shall award not less than $1,600,000 to the Massachusetts Alliance of Boys & Girls Clubs, Inc., which shall be distributed equally between the alliance’s member organizations; provided further, that the department shall award not less than $900,000 to the Alliance of Massachusetts YMCAs, Inc., which shall be distributed between the alliance’s member organizations; provided further, that not less than $50,000 shall be awarded to the Alliance of Massachusetts YMCAs, Inc. to maintain support for recent expansions of existing YMCAs to communities not historically served by a YMCA; and provided further, that not less than $100,000 shall be allocated for Crossroads for Kids for the expansion of their summer and year-round out-of-school program serving at-risk youth………………………………………………………$3,750,000"
Budget Amendment ID: FY2015-S4-787
EHS 787
Tick Borne Illness Prevention and Education
Mr. Wolf moved that the proposed new text be amended in section 2, in item 4513-1111, moved that the bill be amended in section 2, in item 4513-1111, by inserting after the words “maintenance of the statewide lupus database;” the following words:- “(xii) tick-borne illness prevention and education”; and in said item, adding at the end thereof the following: “provided that $100,000 shall be appropriated to fund a state-wide program for tick-borne illness prevention and education”; and in said item, by striking out the figure “$3,342,958” and inserting in place thereof the figure “$3,442,958”.
Budget Amendment ID: FY2015-S4-789
EHS 789
Dentures
Ms. Chandler moved that the proposed new text be amended in section 2, in item 4000-0700, moved that the bill be amended in section 2, in item 4000-0700, by striking the words "April 1, 2015" and inserting in place thereof the words "January 1, 2015" and by striking the figures "$2,347,212,322" and inserting in place thererof the figures "$2,360,872,078."
Budget Amendment ID: FY2015-S4-790-R1
Redraft EHS 790
En Acción
Ms. Forry moved that the proposed new text be amended in section 2, in item 4800-0041, moved that the bill be amended in section 2, in item 4800-0041, by inserting at the end thereof the following: “; provided, that no less than $75,000 shall be appropriated to South Boston en Acción (SBEA) for the implementation of leadership development training; ESOL, STEM and basic computer skills instruction; English-Spanish immersion training and Spanish-English immersion training” and moves to further amend said item by striking out the figure “$216,417,590” and inserting in place thereof the following figure: “$216,492,590”.
Budget Amendment ID: FY2015-S4-791
EHS 791
Early Intervention
Mr. DiDomenico, Ms. Chang-Diaz, Mr. Barrett, Ms. Lovely, Mr. Wolf, Ms. O'Connor Ives, Ms. Forry, Mr. Michael O. Moore, Ms. Creem, Messrs. Keenan, McGee, Timilty and Lewis moved that the proposed new text be amended in section 2, in item 4513-1020, moved that the bill be amended in section 2, in item 4513-1020, by striking the figure "27,420,583" and inserting in place thereof the following figure: - "28,220,583"
Budget Amendment ID: FY2015-S4-792-R2
2nd Redraft EHS 792
Haitian American Public Health Initiative
Ms. Forry moved that the proposed new text be amended in section 2, in item 4513-1111, moved that the bill be amended in section 2, in item 4513-1111,
by adding the following words:- “; and provided further, that not less than $50,000 shall be expended to fund Haitian-American Public Health Initiatives, Inc. to provide vital healthcare and education services to families and children in the Haitian community in the city of Boston and the town of Milton”; and
in said section 2, in said item 4513-1111, by striking out the figure “$3,342,958” and inserting in place thereof the following figure:- “$3,392,958”.
Budget Amendment ID: FY2015-S4-793-R1
Redraft EHS 793
Self Esteem
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by adding the following words:- “and provided further, that not less than $150,000 shall be expended for Self-Esteem Boston’s direct services programs for women in the Metro-Boston region and provider training programs”; and
in section 2, in said item 4512-0200, by striking out the figure “$88,827,334” and inserting in place thereof the following figure:- $88,977,334”.
Budget Amendment ID: FY2015-S4-794
EHS 794
Sexual Assault Nurse Examiner Program
Messrs. Rush, Ross and Michael O. Moore, Ms. Forry, Mr. Keenan, Ms. Creem, Messrs. DiDomenico and Brownsberger moved that the proposed new text be amended in section 2, in item 4510-0810, moved that the bill be amended in section 2, in item 4510-0810, by striking out the figure “$3,554,426” and inserting in place thereof the following figure:- “$4,100,000.”
Budget Amendment ID: FY2015-S4-795
EHS 795
Playspace Program
Ms. Forry, Ms. Lovely, Messrs. Timilty and DiDomenico, Ms. O'Connor Ives, Messrs. Wolf, Michael O. Moore, Brownsberger, Barrett and McGee, Ms. Creem, Messrs. Finegold and Humason moved that the proposed new text be amended in section 2, in item 7004-0101, moved that the bill be amended in section 2, in item 7004-0101, by inserting after "risk" the following:- "; provided further that no less than $300,000 shall be expended for the Playspace Program operated by Horizons for Homeless Children "; and in said item by striking out the figures "136,946,602" and inserting in place thereof the figures "137,246,602”
Budget Amendment ID: FY2015-S4-796
EHS 796
Julie's Family Learning Center
Ms. Forry moved that the proposed new text be amended in section 2, in item 4800-0038, moved that the bill be amended in section 2, in item 4800-0038, by striking out the language in line 22 “$75,000”; and inserting in its place the language “$150,000”; and moves to further amend said item by striking out the figure “$260,165,865” and inserting in place thereof the following figure: “$260,240,865".
Budget Amendment ID: FY2015-S4-797-R1
Redraft EHS 797
Labouré Center Recovery Connections Program
Ms. Forry moved that the proposed new text be amended in section 2, in item 4800-0040, moves that the bill be amended in section 2, in item 4800-0040, by inserting at the end thereof the following: “; provided, that no less than $75,000 shall be allotted for the operation of the Labouré Center in South Boston and its Recovery Connections program” and further moves to amend said item by striking out the figure “$44,610,551” and inserting in place thereof the following figure: “$44,685,551”.
Budget Amendment ID: FY2015-S4-798
EHS 798
Loan Forgiveness Grant Program
Ms. Forry and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 4000-0050 the following item:-
“4000-0265 For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the Commonwealth; provided, that the grant shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of the executive office of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds………… $500,000”
Budget Amendment ID: FY2015-S4-799-R1
Redraft EHS 799
Citizenship for New Americans Program
Messrs. DiDomenico and Michael O. Moore, Ms. Jehlen, Messrs. Lewis, Donnelly, Wolf and Brownsberger, Ms. Forry, Ms. Creem, Messrs. Eldridge, Tarr and McGee moved that the proposed new text be amended in section 2, in item 4003-0122, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4003-0122, by striking the figure "$341,096," and inserting in place thereof the following: "$441,096"
Budget Amendment ID: FY2015-S4-800
EHS 800
South End Community Center
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 4000-0005, moved that the bill be amended in section 2, in item 4000-0005, by inserting after the word “grants for fiscal year 2014”, the following words:- “; provided further that not less than $200,000 be expended to the South End Community Center’s Community Youth Corps Program.”
Budget Amendment ID: FY2015-S4-801
EHS 801
Springfield Bilingual Veteran Outreach Center Housing Program
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 1410-0250, moved that the bill be amended in section 2, in item 1410-0250, by inserting after the word “housing” the following words:- “; provided further that not less than $126,975 shall be expended for the Springfield Bilingual Veteran Outreach Center for transitional housing in Springfield “
Budget Amendment ID: FY2015-S4-802
EHS 802
Springfield Bilingual Veteran Outreach Center Veterans Services
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 1410-0012, moved that the bill be amended in section 2, in item 1410-0012, by inserting after the words “families of the veterans” the following words:- “; provided further that not less than $200,000 shall be expended for the Springfield Bilingual Veterans Outreach Center”
Budget Amendment ID: FY2015-S4-803
EHS 803
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, moved that the bill be amended in section 2, in item 1410-0012, by inserting after the words “families of the veterans” the following words:- “; provided further that not less than the amount of $300,000 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: FY2015-S4-804
EHS 804
Martin Luther King, Jr. Family Services, Inc
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 4000-0005, moved that the bill be amended in section 2, in item 4000-0005, by inserting after the words “grants for fiscal year 2014”, the following words:- “; provided further that not less than $200,000 shall be expended to the to the Martin Luther King, Jr. Family Services, Inc. to provide youth development and violence prevention services to at-risk youth”
Budget Amendment ID: FY2015-S4-805-R2
2nd Redraft EHS 805
Vibrio Technical Correction
Messrs. Tarr, Hedlund, Montigny and Wolf moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
"SECTION 85A. Item 2330-0100 of section 2 of chapter 38 of the acts of 2013, as amended by section 20 of chapter 52 of the acts of 2014, is hereby further amended by adding the following words:- “; and provided further, that up to $220,000 in funds unexpended in fiscal year 2014 shall not revert and shall be made available to implement an interdepartmental service agreement with the department of public health to address new concerns associated with bacterial contamination of marine waters and shellfish until June 30, 2015."
Budget Amendment ID: FY2015-S4-806-R1
Redraft EHS 806
Louis D. Brown Peace Institute
Ms. Forry, Messrs. DiDomenico and Rush moved that the proposed new text be amended in section 2, in item 4513-1098, <w:p><w:r><w:t xml:space="preserve">moves that the bill be amended in section 2, by inserting after item 4513-0111 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: FY2015-S4-807-R1
Redraft EHS 807
Macular Degeneration
Ms. Creem moved that the proposed new text be amended in section 2, in item 4513-1111, moved that the bill be amended in section 2, in item 4513-1111, by inserting, after the the words "maintenance of the statewide lupus database" the following words:- "; and (xi) macular degeneration research, prevention, and treatment", and in said item, by striking out the figures "$3,342,958" and inserting in place thereof the figures:- "$3,542,958"
Budget Amendment ID: FY2015-S4-808
EHS 808
Residential Care Facilities
Messrs. Finegold, Brownsberger and DiDomenico, Ms. Donoghue and Mr. Lewis moved that the proposed new text be amended moved that the bill be amended by inserting the following new section at the end thereof:-
“SECTION XX. The Executive Office of Health and Human Services shall set rates for residential care facilities (rest homes) effective July 1, 2014 using costs from 2010. Provided further that no residential care provider’s rate shall be less than its rate effective June 30, 2014.”
Budget Amendment ID: FY2015-S4-809-R1
Redraft EHS 809
Behavioral Health Integration in PCMHs
Mr. Welch moved that the proposed new text be amended in section 2, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, by adding the following item:-
“1599-2004 For a reserve to be administered by the health policy commission to accelerate and support behavioral health integration within patient-centered medical homes, as certified by the commission under section 14 of chapter 6D of the general laws; provided, that this program will support efforts to build the partnerships and infrastructure needed to initiate or expand the provision of behavioral healthcare services within the primary care setting and may take the form of training, education, technical assistance, or direct grants; provided further, that the commission shall report to the joint committee on mental health and substance abuse and the house and senate committee on ways and means no later than 24 months following implementation of the program on the effectiveness, efficiency, and sustainability of the program; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through June 30, 2016………………..$1,500,000"
Budget Amendment ID: FY2015-S4-810-R2
2nd Redraft EHS 810
Mattapan Integrative Care Partnership
Ms. Forry moved that the proposed new text be amended in section 2, in item 4510-0110, moved that the bill be amended in section 2, in item 4510-0110, by adding the following words:- "; and provided further, that not less than $50,000 shall be expended to form the Mattapan integrative care partnership pilot program, which shall include Mattapan Community Health Center, Inc., Mattahunt community center, Mattahunt elementary school and the Wheelock College social work department, to establish a behavioral health practice at Mattapan Community Health Center, Inc., to support a full-time licensed social worker to bring mental health care to the community’s youth and to improve the coordination of care”; and
in said section 2, in said item 4510-0110, by striking out the figure “$1,037,840” and inserting in place thereof the following figure:- “$1,087,840”.
Budget Amendment ID: FY2015-S4-811
EHS 811
ProjectRIGHT
Ms. Forry moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by inserting after “clients” the following:- “; provided further, that not more than $150,000 shall be expended for ProjectRIGHT’s substance abuse/trauma prevention initiative in the Grove Hall area of Boston”; and in said item by striking out the figures “$88,827,334” and inserting in place thereof the figures “ $88,977,334”.
Budget Amendment ID: FY2015-S4-812-R1
Redraft EHS 812
South Boston Collaborative Center
Ms. Forry moved that the proposed new text be amended in section 2, in item 4512-0200, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4512-0200, by adding the following words:- “; and provided further, that not less than $250,000 shall be allocated to the Gavin Foundation”; and
in section 2, in said item 4512-0200, by striking out the figure “$88,827,334” and inserting in place thereof the following figure: “$89,077,334
Budget Amendment ID: FY2015-S4-813
EHS 813
South Boston Community Health Center and South Boston Youth Leadership Initiative
Ms. Forry moved that the proposed new text be amended in section 2, in item 4510-0110, moved that the bill be amended in section 2, in item 4510-0110, by inserting at the end thereof the following:- “; provided, that no less than $250,000 shall be allotted for the operation and implementation of the South Boston Community Health Center’s Youth Ambassador Program and South Boston Leadership Initiative” and further moves to amend said item by striking out the figure “$1,037,840” and inserting in place thereof the following figure: “$1,537,593”.
Budget Amendment ID: FY2015-S4-814
EHS 814
DCF Lead Agencies
Ms. Spilka, Messrs. Eldridge and Michael O. Moore, Ms. Donoghue, Ms. Forry, Mr. Kennedy and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4800-0030, moved that the bill be amended, in section 2, by striking out the text and inserting in place thereof the following item:-
"4800-0030 For the continuation of local coordination of services provided by lead agencies through purchase-of-service contracts including flex services; provided, that funding shall only be expended in the MM object class...............$10,300,000".
Budget Amendment ID: FY2015-S4-815
EHS 815
Substance Abuse Treatment Support for Neighborhood Health Centers
Ms. Forry moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended in section 2, in item 5046-0000, by inserting after the words “facilities” the following words:- “; provided further, that not less than $900,000 shall be expended for the LAL #000091 as designated by the Health Resources Services Administration located in the medically underserved area I.D. 01525 for purposes to include, but not limited to, addressing adult mental health and support services including the opiate addiction epidemic through the implementation of substance abuse treatment programs and other programs to ensure access to healthcare for anyone regardless of their ability to pay for services rendered.”
Budget Amendment ID: FY2015-S4-816
EHS 816
Neonatal Intensive Care Units
Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by inserting after the word "recoupment" the following words:- "; provided further that in calculating rates of inpatient and outpatient services for neonatal intensive care units, also known as (NICU), with at least 55 licensed beds with-in an acute hospital that has at least 109 pediatric intensive NICU beds, the executive office shall make a supplemental payment of not less than 1,000,000”
Budget Amendment ID: FY2015-S4-817
EHS 817
Union of Minority Neighborhoods
Ms. Forry moved that the proposed new text be amended in section 2, in item 7008-0900, moved that the bill be amended in section 2, in item 7008-0900, by adding the following language at the end thereof:-
“; provided further, that not less than $125,000 shall be expended as grants to the Union of Minority Neighborhoods”;and further moves in line item 7008-0900, to strike the figure “$10,933,979” and insert in place thereof the figure “$11,058,979".
Budget Amendment ID: FY2015-S4-818
EHS 818
Urban League of Eastern Massachusetts
Ms. Forry moved that the proposed new text be amended in section 2, in item 7003-1206, moved that the bill be amended in section 2, in item 7003-1206, by inserting after “organizations” the following:- “; provided, that no less than $400,000 shall be expanded for the Urban League of Eastern Massachusetts”; and in said item by striking out the figures “$750,000” and inserting in place thereof the figures “1,150,000”
Budget Amendment ID: FY2015-S4-819
EHS 819
Children's Advocacy Center of Bristol County
Messrs. Rodrigues, Montigny, Timilty, Ross, Joyce and Kennedy moved that the proposed new text be amended in section 2, in item 4800-0038, moved that the bill be amended in section 2, in item 4800-0038, in line 17, by striking out the figure “$200,000” and inserting in place thereof the following figure:- “$400,000”.
Budget Amendment ID: FY2015-S4-820
EHS 820
Parity in Mental Health Services
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, moved that the bill be amended in section 2, in item 5095-0015, by inserting at the end there of in line item 5095-0015 after the words “Taunton State Hospital” the following new text:-
“provided further that the department shall develop an 18 bed state-operated pilot crisis stabilization unit which shall be fully operational 24 hours a day, 7 days a week that will 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; on the campus of Taunton State Hospital, provided further their shall be coordination between the state agencies, authorities, departments and programs currently providing services or benefits to individuals receiving these services.”
Budget Amendment ID: FY2015-S4-821
EHS 821
Employment Support Services Program
Messrs. DiDomenico, Wolf, Michael O. Moore, Joyce, Donnelly and Eldridge, Ms. Forry, Messrs. Brownsberger, Barrett and McGee moved that the proposed new text be amended in section 2, in item 4401-1000, moved that the bill be amended in section 2, in item 4401-1000, by striking the language "provided further, that not less than $130,811 shall be expended for programs operated through the office for refugees and immigrants;" and inserting in place thereof the following language: "provided further, that not less than $794,000 shall be expended for contracts entered into with the Massachusetts Office of Refugees and Immigrants with whom the department of transitional assistance entered into service agreements within fiscal year 2014;" and in said item, by striking out the figures “$4,403,855” and inserting in place thereof the figures “$5,067,044”
Budget Amendment ID: FY2015-S4-823
EHS 823
Pediatric Care
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill 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 make a supplemental payment to any acute care pediatric hospital and pediatric specialty unit in the Commonwealth, above base rates, to compensate for high-complexity pediatric care in an amount not less than the amount appropriated in Chapter 38 of the Acts of 2013”.
Budget Amendment ID: FY2015-S4-824
EHS 824
Aversive Therapy Regulation Codification
Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-825
EHS 825
Regulating Treatment of Persons with Disabilities
Mr. Joyce moved that the proposed new text be amended moved that the bill 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: FY2015-S4-826
EHS 826
Hale Hospital
Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by adding at the end thereof 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: FY2015-S4-827
EHS 827
Dennison Memorial Community Center
Mr. Montigny moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507, “provided further, that not less than $ 50,000 shall be expended for the Dennison Memorial Community Center New Bedford.”
Budget Amendment ID: FY2015-S4-828
EHS 828
Prescription Medication Redistr
Ms. Chandler and Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section___, the following new section:-
"SECTION___. The Department of Public Health is hereby directed to develop and implement a “Prescription Medication Redistribution Program” in which authorized, qualified medical professionals working in hospitals, healthcare centers, clinics, hospice institutions, nursing homes, rehabilitation facilities, pharmacies shall collect safe, unused prescription medications that are no longer needed by patients for whom they are prescribed and establish standards to redistribute them to qualified patients unable to afford the cost of medications for conditions for which they have been legally prescribed by a prescribing physician.”
Budget Amendment ID: FY2015-S4-829
EHS 829
HIV/AIDS
Messrs. DiDomenico, Eldridge and Wolf, Ms. Chang-Diaz, Ms. Forry, Messrs. Michael O. Moore, McGee and Barrett moved that the proposed new text be amended in section 2, in item 4512-0103, moved that the bill be amended in section 2, in item 4512-0103, by striking out the figure "$32,109,847" and inserting in place thereof the figure "$34,109,847"
Budget Amendment ID: FY2015-S4-830
EHS 830
Department of Developmental Services Service Coordinators
Mr. Lewis moved that the proposed new text be amended in section 2, in item 5911-1003, moved that the bill be amended in section 2, in item 5911-1003, in by striking out the figure "64,962,455" and inserting in place thereof the figure:- "69,962,455".
Budget Amendment ID: FY2015-S4-831-R1
Redraft EHS 831
Mass in Motion
Mr. Lewis, Ms. Jehlen, Ms. Chandler, Ms. Lovely, Messrs. Eldridge, Downing and Michael O. Moore, Ms. Spilka, Messrs. Rodrigues, Wolf and DiDomenico, Ms. Forry, Messrs. Montigny, Humason, McGee, Barrett and Tarr moved that the proposed new text be amended in section 2, in item 4513-1111, moved that the bill be amended in section 2, in item 4513-1111, by adding the following words:- “and provided further, notwithstanding any general or special law to the contrary, $250,000 shall be appropriated for Mass in Motion programming, contingent upon receipt of matching prevention federal block grant funds"; and
in section 2, in said item 4513-1111, by striking out the figure “$3,342,958” and inserting in place thereof the following figure:- “$3,592,958”.
Budget Amendment ID: FY2015-S4-832
EHS 832
Personal Care Attendant Workforce Council
Messrs. Lewis and DiDomenico moved that the proposed new text be amended in section 2, in item 4000-0050, moved that the bill be amended in section 2, in item 4000-0050, by striking out the figures "$2,000,000" and inserting in place thereof the the following figure:- "2,249,928".
Budget Amendment ID: FY2015-S4-833
EHS 833
Prevention Trust Technical Amendment
Mr. Lewis, Ms. Chandler and Ms. Spilka moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, inserting the following new section: -
SECTION X. Section 1. Section 2H of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is amended to add in line 7 immediately after the phrase “who shall serve as chairperson;” the following text: - 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.
Section 2. Section 2H of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is amended to add the following three paragraphs after line 24: --
(c) The board shall evaluate the program authorized under section 2G and shall issue a report. The report shall include an analysis of all relevant data to determine the effectiveness and return on investment of the program including, but not limited to, an analysis of: (i) the extent to which the program impacted the prevalence of preventable health conditions; (ii) the extent to which the program reduced health care costs or the growth in health care cost trends; (iii) whether health care costs were reduced, and who benefited from the reduction; (iv) the extent to which workplace-based wellness or health management programs were expanded, and whether those programs improved employee health, productivity and recidivism; (v) if employee health and productivity was improved or employee recidivism was reduced, the estimated statewide financial benefit to employers; (vi) recommendations for whether the program should be discontinued, amended or expanded, as well as a timetable for implementation of the recommendations; and (vii) recommendations for whether the funding mechanism for the Prevention and Wellness Trust Fund should be extended beyond 2016, or whether an alternative funding mechanism should be established.
(d) The department shall contract with an outside organization with expertise in the analysis of health care financing to assist the board in conducting its evaluation. The outside organization shall, to the extent possible, obtain and use actual health plan data from the all-payer claims database as administered by the center for health information and analysis; provided, however, that such data shall be confidential and shall not be a public record under clause twenty-sixth of section 7 of chapter 4 of the General Laws.
(e) The board shall report the results of its evaluation and its recommendation, if any, together with drafts of legislation necessary to carry out such recommendation to the house and senate committees on ways and means, the joint committee on public health and shall post the board’s report on the department’s website not later than January 31, 2017.
section 3. Chapter 224 of the Acts of 2012 is hereby amended to strike and repeal Section 276.
Budget Amendment ID: FY2015-S4-834
EHS 834
Unaccompanied Homeless Youth
Mr. Lewis, Ms. Candaras, Mr. Michael O. Moore, Ms. Spilka, Ms. Jehlen, Mr. DiDomenico, Ms. Forry, Messrs. Brownsberger, Joyce and Kennedy moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, inserting the following new section:-
SECTION X. section 1. Notwithstanding any general or special law to the contrary, the Executive Office of Health and Human Services shall enter into performance-based contracts with organizations and agencies to provide housing and support services to address the needs of unaccompanied homeless youth. In entering into such contracts, the Executive Office of Health and Human Services shall take into consideration the recommendations of the special commission on unaccompanied youth homelessness on identifying, connecting, and serving unaccompanied youth in general, as well as unaccompanied youth under the age of 18 and youth who are lesbian, gay, bisexual, or transgender, in particular. Programs funded under this Act shall provide a continuum of housing options for this population provided on a voluntary basis in conjunction with wraparound support services, which shall include but not be limited to: emergency shelter, “kinship” home placements, short term housing and “Transition to Independent Living” programs. The funded programs shall provide unaccompanied homeless youth with a stable out-of-home placement and help to reunite the youth with the youth’s parent or legal guardian if family reunification is in the youth's best interest, and help to create educational and residential stability. Additional support services funded through these contracts may include but are not limited to: individual, family and group counseling; access to medical, dental and mental health care; education and employment services; case management, advocacy and referral services; independent living skills training; and provision of basic needs.
section 2. As used in this Act, "unaccompanied homeless youth" means a person 24 years of age or younger who is not in the physical custody or care of a parent or legal guardian and who lacks a fixed, regular and adequate nighttime residence. "Fixed, regular and adequate nighttime residence" means a dwelling at which a person resides on a regular basis that adequately provides safe shelter, sufficient for meeting both the physical and psychological needs typically met in home environments. "Fixed, regular and adequate nighttime residence" does not include a publicly or privately operated institutional shelter designed to provide temporary living accommodations; transitional housing; a temporary placement with a peer, friend, or family member who has not offered a permanent residence, residential lease or temporary lodging for more than 30 days; or a public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings. "Homeless youth" does not include a person incarcerated or otherwise detained under federal or state law.
section 3. The Executive Office of Health and Human Services shall establish requirements and shall contract for programs that ensure that services, as specified by this Act, are provided to homeless youth in all urban, suburban and rural areas of the state in an appropriate and responsible manner.
section 4. The Executive Office of Health and Human Services shall monitor organizations receiving funds under this Act to ensure that appropriate and high-quality services are being delivered to homeless youth, shall collect common data and outcome measures from these organizations, and shall file reports with the Clerks of the House of Representatives and the Senate, the Joint Committee on Children, Families, and Persons with Disabilities, the House and Senate Committees on Ways and Means and the Office of the Child Advocate by December 31 of each year regarding the data collected from the organizations and agencies, the incidence of youth homelessness in Massachusetts, and the status of and any change in housing, residential stability, educational stability and outcomes and well-being of homeless youth in the Commonwealth.
Budget Amendment ID: FY2015-S4-835
EHS 835
Mass Health Adult Dental
Ms. Chandler, Messrs. Lewis and Michael O. Moore, Ms. Spilka, Mr. Donnelly, Ms. Creem, Ms. Chang-Diaz, Ms. Forry, Mr. Joyce and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4000-0700, moved that the bill be amended in section 2, in item 4000-0700, by striking out the words "provided further, that the executive office shall maintain full-year coverage for adult dental fillings; and provided further, that the executive office shall implement adult denture coverage not later than April 1, 2015" and inserting in place thereof the following words:- "provided further that no less than $67,693,162 shall be shall be expended for dental services for adults that were included in its state plan or demonstration program in effect on January 1, 2002 and the dental services that were covered for adults in the MassHealth basic program as of January 1, 2002; and by striking the figure "$2,347212,322" and inserting in place thereof the following figures "$2,414,905,484."
Budget Amendment ID: FY2015-S4-836-R1
Redraft EHS 836
EBT Reform
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:
“SECTION _. Section 2 of Chapter 18 as appearing in the 2012 Official Edition is hereby amended by inserting after the word “section”, in line 139, the following words:- ; and
(g) the recording and tracking of blank electronic benefit transfer cards that ensures the integrity of the cards and establishes a clear chain of custody and best practices in the shipment and custody of those cards; and
(h) the 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 certified mail, but whose mail communication has been returned to the department as undeliverable; provided, however, that the department, after receiving notice that the mail communication has been returned as undeliverable or returned with a Massachusetts forwarding address, shall use all available means to determine the address of the recipient and, in the event that it cannot be determined, subject the recipient’s case to further review as to continued eligibility.
SECTION _. Subsection (b) of section 5I of said chapter 18, as appearing in section 2 of chapter 161 of the acts of 2012, is hereby amended by inserting after the word “jewelry” the following words:- ; televisions, stereos, video games or consoles at rent-to-own stores.
SECTION _. Said chapter 18 is hereby further amended by striking out section 5J, as so appearing, and inserting in place thereof the following section:-
Section 5J. (a) The department shall maintain policies and practices as necessary to prevent cash assistance provided under this chapter from being used in electronic benefit transfer transactions at: liquor stores; casinos, gambling casinos or gaming establishments licensed under chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in Section 408(a) of the Social Security Act, as amended; adult bookstores or adult paraphernalia stores as defined in section 9A of chapter 40A; firearms dealers licensed under section 122 of chapter 140 and ammunitions dealers licensed under section 122B of said chapter 140; tattoo parlors; manicure shops or aesthetic shops registered under chapter 112; jewelry stores; or on cruise ships. Such establishments shall not accept electronic benefit transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.
(b) A store owner who knowingly violates this section and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action under section 64 of said chapter 138. A store owner possessing a license under said section 12 of said chapter 138 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the appropriate licensing authority for possible further disciplinary action under said section 64 of said chapter 138.
(c) A store owner who knowingly violates this section and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery commission for possible disciplinary action. A store owner possessing a license under said section 26 or 27 of said chapter 10 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the director of the state lottery commission for possible further disciplinary action.
SECTION _. Section 5L of said chapter 18, inserted by section 3 of said chapter 161, is hereby amended by adding the following subsection:-
(f) An individual who traffics food stamp benefits, as described in subsection (b) and on 2 prior occasions has been convicted of trafficking food stamp benefits under said subsection (b) or conspiracy to traffic food stamp benefits shall be punished by imprisonment in a state prison for not more than 10 years or by a fine of not more than $25,000 or both suchfine and imprisonment.
SECTION _. Said chapter 18 is hereby further amended by inserting after section 5N the following 2 sections:-
Section 5O. (a) The department shall include on the front of newly-issued and reissued electronic benefit transfer cards a photograph of the cardholder if the cardholder is 18 years of age or older. The department shall promulgate regulations to ensure that all members of the household are able to use the electronic benefit transfer card as required by 7 U.S.C.A. § 2016(h)(9) and to ensure that authorized users are able to use the electronic benefit transfer card.
The department shall promulgate regulations to allow for exemptions from the photo identification requirement for vulnerable populations which may include, but shall not be limited to, the elderly, blind, disabled and victims of domestic violence, as determined by the department.
In developing regulations for authorized users, the department shall consult with businesses or vendor associations whose members accept electronic benefit transfer cards as a form of payment including, but not limited to, the Massachusetts Food Association, the New England Convenience Store Association and the Retailers Association of Massachusetts.A store owner or employee shall check that the photograph on an electronic benefit transfer card matches the identity of the person making a purchase or follow the procedures for authenticating authorized users, as determined by the department. A store owner shall be fined for each instance in which the store owner or an employee knowingly fails to check that the photograph on an electronic benefit transfer card matches the person making the purchase or that the purchaser is an authorized user of the electronic benefit transfer card and thereby permits an individual who is not authorized to use the card to purchase goods. The store owner shall be punished by a fine of not less than $100 nor more than $500 for a first offense, not less than $1000 nor more than $2,500 for a second offense and not less than $5,000 for a third and subsequent offense.
Upon a fourth offense within the same calendar year, the department may initiate a review of the establishment’s authorization to accept electronic bank transfer cards, and may, consistent with the severity of the offenses recorded and to the extent permitted by state and federal law, temporarily or permanently revoke the establishment’s authorization.
(b) The department shall include the fraud hotline number and department website on all newly issued electronic benefit transfer cards.
Section 5P. The department shall place any grantee that uses direct cash assistance issued by the commonwealth for purchases in states other than the commonwealth, New Hampshire, Connecticut, Rhode Island, New York, and Vermont in the high-risk client group under section 37. The purchase shall cause the department to issue a special case review of the grantee to ensure that the grantee is fully compliant with the income, asset, identity and residency requirements for the benefits and all other rules and regulations of the department.
SECTION _. Section 10 of said chapter 18, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
Notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulation that would alter eligibility for, or the level of benefits provided through the department, other than that which would benefit recipients, the department shall file with the house and senate committees on ways and means, the house and senate chairs of the joint committee on children, families and persons with disabilities and the clerks of the house of representatives and senate a report describing the changes and setting forth justification for any changes.
Section _. The department of transitional assistance shall develop a fraud detection program. The fraud detection program shall analyze the risk of fraud and refer any cases of suspected fraud to the program integrity division and the bureau of special investigations in the office of the state auditor. In analyzing risk of fraud and identifying cases for investigation, the program shall consider: (i) even dollar transactions; (ii) full benefit withdrawal; (iii) usage patterns; and (iv) other relevant data sources. In order to assist the program in identifying and investigating likely cases of fraud, the department shall develop and make available reports identifying even dollar transactions by cardholder, instances of full benefit withdrawal and other data reports, as necessary.
SECTION _. Chapter 118 of the General Laws is hereby amended by adding the following section:-
Section _. A temporary absence from the commonwealth which exceeds 30 calendar days shall create a rebuttable presumption that Massachusetts residency has been abandoned by a recipient of cash assistance under transitional aid to families with dependent children and the recipient is no longer eligible for assistance. The department of transitional assistance shall promulgate regulations in accordance with this section.
SECTION _. Notwithstanding any general or special law to the contrary, the department of transitional assistance shall develop, implement and maintain a system utilizing electronic and other technology to reduce the use of paper records and documentation and to eliminate the sole reliance on such paper records for its operations.
The system shall facilitate efficiency and accuracy in the submission and receipt of applications and related documents and the timely verification of the information so contained and to the maximum feasible extent to prevent the loss of the information and ensure its availability on a continuous basis for the functions performed by the department.
The system shall, to the maximum extent feasible, minimize the time and resources necessary to manage information, reduce the need for the resubmission of documents and verify the receipt of documents or information submitted. The system shall also facilitate the timely and efficient exchange of information.
The system shall be fully operational not later than 24 months following the passage of this act; provided, however, that it may be developed and implemented in stages but the department shall electronically submit quarterly reports to the clerks of the house and the senate on its progress; and provided further, that the reports shall identify any obstacles preventing progress including, but not limited to, resource constraints. The first report shall be filed by September 1, 2013.
SECTION _. Electronic benefit cards shall include a photograph of the cardholder under section 5O of chapter 18 of the General Laws by August 1, 2014. The department of transitional assistance shall consider utilizing the photograph databases of the registry of motor vehicles and the Massachusetts Bay Transportation Authority as a cost-saving measure. The department of transitional assistance shall work with the registry of motor vehicles to access and cross-share facial recognition data and resources for the purpose of identifying potential fraud by December 31, 2014. The department shall report any case where there is reason to believe that fraud has been committed to the bureau of special investigations, the district attorney or an appropriate law enforcement entity for such action as they may deem proper.”
Budget Amendment ID: FY2015-S4-837
EHS 837
Mass Health Provider Payment
Ms. Chandler, Messrs. Michael O. Moore and Eldridge moved that the proposed new text be amended moved that the bill be amended by inserting, after section 117, the following section:-
"SECTION 117A. The executive office of health and human services shall make an additional operating transfer of $52,00,000 under item 1595-1068 of section 2E to the MassHealth provider payment account in the Medical Assistance Trust Fund established in section 2QQQ of chapter 29 of the General Laws. The additional payment shall be made in a manner consistent with said item 1595-1068 of said section 2E and shall be subject to the availability of federal financial participation, shall be made only under federally-approved payment methods, shall be consistent with federal funding requirements and all federal payment limits, as determined by the secretary of health and human services, and shall be subject to the terms and conditions of an agreement with the executive office of health and human services.”
Budget Amendment ID: FY2015-S4-838-R1
Redraft EHS 838
Independent Living Centers
Ms. Spilka, Messrs. Eldridge, Lewis and Rodrigues, Ms. Creem, Ms. Lovely, Messrs. Michael O. Moore, Welch and Brownsberger, Ms. Forry, Messrs. Wolf and Keenan, Ms. Donoghue, Messrs. Montigny and McGee, Ms. Jehlen, Messrs. Finegold and Tarr moved that the proposed new text be amended in section 2, in item 4120-0200, moved that the bill be amended, in Section 2, in the item 4120-0200, by striking out the figure "$5,630,018" and inserting in place therof the following figure: - "$6,380,018"
Budget Amendment ID: FY2015-S4-839
EHS 839
Home Nursing MassHealth Rates
Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4000-0600, moved that the bill be amended in section 2, in item 4000-0600, by adding after the word "income" the following words:-"provided further, that funding from this item shall be provided for the purpose of recruitment and retention of home health nurses in accordance with 114.3 CMR 50.00, and that said funds authorized herein shall be restorative to said regulation prior to its amendment made in accordance with M.G.L. Chapter 29, Section 9C and effective December 1, 2008, and shall bne in addition to any amount appropriated in this item for the purose of providing Title XIX service to patients; and provided further that the fund authorized herein shall be eligibile for federal financial participation"
Budget Amendment ID: FY2015-S4-840
EHS 840
Naturally Occurring Retirement Communities (NORCs)
Ms. Creem, Messrs. McGee, Michael O. Moore and Rush, Ms. Spilka and Mr. Joyce moved that the proposed new text be amended in section 2, in item 9110-1660, moved that the bill be amended in section 2, in item 9110-1660, by striking out the figure “$428,000” and inserting in place thereof the following figure:-“$642,000”;
and in said item by striking out the figures “$2,086,626” and inserting in place thereof the figures “$2,300,626”
Budget Amendment ID: FY2015-S4-841-R1
Redraft EHS 841
Electronic Medical Records
Ms. Candaras moved that the proposed new text be amended moved that the bill be amended by adding the following new section:-
Section XX. The first paragraph of section 2 of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “board” in line 68 the following words:-“, provided further that this requirement shall not apply to any physician licensed prior to January 1, 1981.”
Budget Amendment ID: FY2015-S4-842
EHS 842
Honor Flight New England
Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0010, moved that the bill be amended in section 2, in item 1410-0010, by inserting, after section __, the following new section:- “provided further, that not less than $100,000 shall be expended for Honor Flight New England”; and in said item, by striking out the figures “$2,810,361” and inserting in place thereof the figures “2,910,361”
Budget Amendment ID: FY2015-S4-843
EHS 843
Electronic Medical Records
Mr. Kennedy moved that the proposed new text be amended moved that the bill be amended by inserting after section__, the following new section:-
“SECTION ___: Section 1. The first paragraph of section 2 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following 2 sentences:-
The board shall require that applicants for licensure, who are engaged in direct patient care, demonstrate that their practice utilizes digitized patient-specific clinical information. Physicians licensed pursuant to this chapter, whose patient records are not digitized, shall be required to demonstrate to the board familiarity with the use of digitized records in comprehensive patient care.
Section 2. Section 108 of chapter 224 of the acts of 2012 is hereby repealed.
Section 3. Section 299 of chapter 224 of the acts of 2012 is hereby repealed.
Section 4. This section shall take effect on January 1, 2015”
Budget Amendment ID: FY2015-S4-844
EHS 844
Adult Mental Health & Support Services
Ms. Lovely, Messrs. Donnelly and Joyce moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended in section 2, in item 5046-0000, by striking out the figure "357,569,145" and inserting in place thereof the following figure: "$359,345,119".
Budget Amendment ID: FY2015-S4-845
EHS 845
Chapter 257 Rate Implementation Reserve Account
Ms. Lovely moved that the proposed new text be amended in section 2, in item 1599-6903, moved that the bill be amended in section 2, in item 1599-6903, by striking out the figure "$15,013,791" and inserting in place thereof the following figure: "$25,181,687".
Budget Amendment ID: FY2015-S4-846
EHS 846
Co-Occurring Disorders
Ms. Lovely, Messrs. Keenan and Joyce and Ms. Forry moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following: "provided that not less than $400,000 shall be expended for integrated treatment and stabilization services for individuals and families with co-occurring substance abuse and mental health disorders"
Budget Amendment ID: FY2015-S4-847-R1
Redraft EHS 847
Rural Health Equal Access to CHART Funding
Mr. Downing moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended by inserting at the end thereof the following section:-
SECTION X. Section 2GGGG of chapter 29 of the general laws is hereby amended in subsection d, by inserting at the end thereof the following:-
The commission may award a grant to a non-profit teaching hospital whose relative prices are at or below the state median price if said non-profit teaching hospital is the sole acute hospital in a 20-mile radius.
Budget Amendment ID: FY2015-S4-848
EHS 848
Transparency in Medicaid Rate Development
Mr. DiDomenico moved that the proposed new text be amended moved that the bill be amended by adding at the end thereof the following section:
"SECTION XXX. The office of Medicaid shall implement a process for the development of Medicaid managed care capitation rates in a manner that is fair and transparent and provides sufficient detail regarding the development of rate adjustment factors and assumptions. The MassHealth managed care rate setting methodology and assumptions shall be in accordance with sound actuarial methods and processes and shall include at a minimum the following elements: (1) utilize the most current available encounter date, (2) provide a clearly documented summary for developing managed care organization rates, (3) provide information describing the calculations used in calculating trends, (4) provide information describing the calculations used in calculating the maximum allowable cost adjustment, (5) provide detailed information describing the calculation of the managed care organizations risk scores, and (6) provide detailed information describing any adjustments used in developing managed care organization rates. MassHealth shall provide a detailed report to the managed care organizations by June 1 of each year that outlines in detail the calculations, data and methodology used in developing managed care organization rates. The managed care organizations shall provide written feedback to the office of Medicaid within 30 days of receipt of the rate development. The office of Medicaid shall issue the final rate development methodology and rates to the managed care organizations no later than August 1 of each year. The office of Medicaid shall file a report back to the house and senate committees on ways and means by October 1, 2014. The report shall detail the changes made to the managed care organization rate setting methodology and shall compare the Massachusetts methodology to methodologies, assumptions, data, calculations, transparency provisions of states."
Budget Amendment ID: FY2015-S4-849
EHS 849
Assistive Technology Program
Ms. Spilka, Messrs. Lewis, Barrett, Eldridge, Michael O. Moore, Keenan and Brownsberger, Ms. Creem, Messrs. Joyce and Kennedy and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4120-4000, moved that the bill be amended in section 2, in item 4120-4000, by inserting at the end thereof the following language:- “provided, that not less than $1,449,295 shall be expended for assistive technology devices and training for individuals with severe disabilities.” and striking the figure $8,933,598 and inserting in place thereof the figure $9,433,598.
Budget Amendment ID: FY2015-S4-850
EHS 850
Environmental Public Health
Ms. Lovely and Mr. Lewis moved that the proposed new text be amended in section 2, in item 4510-0600, moved that the bill be amended in section 2, in item 4510-0600, by striking out the figure “$4,382,349” and inserting in place thereof the following figure:"$4,591,980"
Budget Amendment ID: FY2015-S4-851-R2
2nd Redraft EHS 851
Taunton State Hospital Master Plan
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, moved that the bill be amended in section 2, in item 5095-0015, by adding the following words:- “; provided further, that the department shall take no action in fiscal year 2015 to reduce the number of state-operated continuing care inpatient beds or other state-operated programs on the Taunton State Hospital campus or relocate any administrative hospital services associated with the operation of the hospital off campus; provided further, that the department shall not enter into any new lease agreements or interagency agreements for new vendor-operated programs until the department, in conjunction with the division of capital asset management and maintenance, has developed a master plan with appropriate community input detailing future uses for the Taunton State Hospital campus; and provided further, that this master plan shall be submitted no sooner than March 2, 2015 to the executive office for administration and finance, the executive office of health and human services, the joint committee on mental health and substance abuse and the house and senate committees on ways and means”.
Budget Amendment ID: FY2015-S4-852-R1
Redraft EHS 852
Quality Nursing Home Care Initiative
Messrs. DiDomenico, Finegold and Donnelly, Ms. Jehlen, Messrs. McGee and Montigny moved that the proposed new text be amended in section 2, in item 4000-0640, moved that the bill 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"
And by striking out the figure “298,600,000” and inserting in place thereof “301,400,000”
Budget Amendment ID: FY2015-S4-853
EHS 853
Inpatient Services
Ms. Lovely and Mr. Brownsberger moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
"SECTION ___. Chapter 224 of the Acts of 2012 in section 271, in lines 5 and 6, by striking out the words "fiscal year 2015 and fiscal year 2016" and inserting in place thereof the words "fiscal years 2015 through 2021"; and moves to further amend in section 307 by striking out the figure “2016” and inserting in place thereof the figure "2021".
Budget Amendment ID: FY2015-S4-854-R1
Redraft EHS 854
Juvenile Court Clinics
Ms. Lovely, Mr. Rodrigues, Ms. Spilka, Mr. Donnelly, Ms. Donoghue, Ms. Flanagan, Messrs. Brownsberger and Barrett moved that the proposed new text be amended in section 2, in item 5055-0000, moved that the bill be amended in section 2, in item 5055-0000, by adding at the end thereof the following: "provided that funds may be expended for juvenile court clinics."
Budget Amendment ID: FY2015-S4-855-R2
2nd Redraft EHS 855
VIPS Provider Enrollment
Mr. Rodrigues moved that the proposed new text be amended moved that the bill be amended by inserting after section 61 the following section:-
"SECTION 61A. The first paragraph of section 2 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following 2 sentences:—The board shall require, as a standard of eligibility for licensure, that applicants demonstrate proficiency in the use of computerized physician order entry, e-prescribing, electronic health records and other forms of health information technology, as determined by the board and that applicants who certify deaths occurring in the commonwealth establish a user agreement with the registry of vital records and statistics within the department of public health and demonstrate proficiency in the use of vitals information partnership system. As used in this section, proficiency, at a minimum shall mean that applicants demonstrate the skills to comply with the “meaningful use” requirements, as set forth in 45 C.F.R. Part 170.”; and
by inserting after section 85 the following section:-
“SECTION 85A. Sections 108 and 299 of chapter 224 of the acts of 2012 are hereby repealed.”; and
by inserting after section 125 the following section:-
“SECTION 125A. The board of registration in medicine shall, as a condition of registration under section 2 of chapter 112 of the General Laws, require that applicants who certify deaths occurring in the commonwealth establish a user agreement with the registry of vital records and statistics, within the department of public health, and demonstrate proficiency in the use of the vitals information partnership system”; and
by inserting after section 131 the following section:-
“SECTION 131A. Section 61A shall take effect on January 1, 2015.”
Budget Amendment ID: FY2015-S4-856
EHS 856
New England Center for Homeless Veterans Elevator
Ms. Lovely and Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0251, moved that the bill be amended in section 2, in item 1410-0251, by adding at the end thereof the following: "provided that no less than $500,000 be expended for an elevator providing safe access for the Women Veterans’ living quarters"; and in said item, by striking out the figures "$2,392,470" and inserting in place thereof the figures "2,892,470"
Budget Amendment ID: FY2015-S4-857-R1
Redraft EHS 857
DCF FAIR HEARING REPORTING LANGUAGE
Messrs. Barrett and Brownsberger, Ms. Jehlen and Mr. McGee moved that the proposed new text be amended in section 2, in item 4800-0015, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4800-0015, by striking out the words "that not later than September 12, 2014, the department shall promulgate and implement regulations which shall ensure”; and
in said section 2, in said item 4800-0015, by inserting after the words “but not yet issued as a final agency decision;” the following words:- “provided further, that the department shall maintain and make available to the public, during regular business hours, a record of its fair hearings, with identifying information removed, including for each hearing request: the date of the request, the date of the hearing decision, the decision rendered by the hearing officer and the final decision rendered upon the commissioner’s review; provided further, that the department shall make redacted copies of fair hearing decisions available within 30 days of a written request; provided further, that the department shall not make available any information in violation of federal privacy regulations;”
Budget Amendment ID: FY2015-S4-858
EHS 858
Postpartum Depression Pilot Program
Ms. Lovely and Mr. McGee moved that the proposed new text be amended in section 2, in item XXXX-XXXX, moved that the bill be amended in section 2, by inserting after item 4510-0110 the following item:
"xxxx-xxxx For the department of public health to conduct a postpartum depression pilot program at community health centers in Holyoke, Jamaica Plain, Lynn, and Worcester........................................$200,000"
Budget Amendment ID: FY2015-S4-859
EHS 859
DMH Clubhouses
Messrs. Rush and Eldridge, Ms. Candaras, Messrs. Donnelly, Lewis, Michael O. Moore and Ross, Ms. Spilka, Mr. Wolf, Ms. O'Connor Ives, Ms. Donoghue, Mr. Brownsberger, Ms. Creem, Messrs. Humason and Finegold, Ms. Forry, Messrs. Barrett, Joyce and Richard T. Moore, Ms. Jehlen and Ms. Chandler moved that the proposed new text be amended in section 2, in item 5046-0000, moved that the bill be amended in section 2, in item 5046-0000, in line 10, by striking out the word “2014” and inserting in place thereof the word: “2013”; and in said item, by adding at the end thereof the following: “provided further that each funded clubhouse receive $200,000 in base funding, concurrent with the existing per person rate set by the executive office of health and human services under chapter 257 of the acts of 2008”
Budget Amendment ID: FY2015-S4-862
EHS 862
CPR Funding
Messrs. Rush, Lewis, Ross and Downing, Ms. Forry, Mr. Richard T. Moore, Ms. O'Connor Ives, Messrs. Brownsberger, Michael O. Moore and Welch moved that the proposed new text be amended in section 2, in item 4590-0250, moved that the bill be amended in section 2, in item 4590-0250, by adding at the end thereof the following: “For grants of no less than $350,000 to provide enrolled students’ instruction in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED), provided the instruction must be based on an instructional program established by the American Heart Association or the American Red Cross or another program that is approved by the Department of Elementary and Secondary Education and is nationally recognized and uses the most current national evidence−based Emergency Cardiovascular Care guidelines and incorporates psychomotor skills development into the instruction; provided further, that all grant applications submitted to and approved by the department of elementary and secondary education shall include a detailed line-item budget specifying how the funds shall be allocated and expended based on a policy that requires all students to instructed on CPR as a graduation requirement”; and in said item, by striking out the figures “12,378,145” and inserting in place thereof the figures “$12,728,145"
Budget Amendment ID: FY2015-S4-863
EHS 863
Adult Foster Care
Mr. McGee moved that the proposed new text be amended in section 2, in item 4000-0600, moved that the bill be amended in section 2, in item 4000-0600, by adding at the end thereof the following:- “provided further that the Secretary of the Executive Office of Health and Human Services shall conduct a review of the rate method used to set payment rates for Adult Foster Care services. This review shall be conducted by a collaborative workgroup comprised of EOHHS and MassHealth staff and provider and consumer representatives, and shall be completed with the issuance of a report capturing the conclusions of the workgroup by February 1, 2015. The review shall consider opportunities for adopting alternative payment methodologies that will: (i) promote caregiver recruitment and retention; (ii) foster improved consumer access and health outcomes; (iii) encourage providers to adopt quality and innovative program features that lower the growth of long-term care and health care costs; (iv) apply reimbursement principles used to price like services pursuant to Chapter 224 of the Acts of 2012.”
Budget Amendment ID: FY2015-S4-864
EHS 864
Prostate Cancer Awareness
Mr. Welch, Ms. Chandler, Mr. Donnelly, Ms. Candaras and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 4590-0925, moved that the bill be amended in section 2, in item 4590-0925, by inserting after the word “campaign” the following words:- “; and provided further that the said prostate cancer and awareness program shall be a state-wide educational and awareness program within the Department of Public Health to improve prostate cancer care and patient outcomes in Massachusetts men. The goal of this program is to improve education and increase awareness of the most current advances in prostate cancer prevention, early diagnosis and treatment so that men, their caregivers and doctors will be empowered to make more informed and shared decisions on screening and other health care options. And provided further this program shall focus on men at high risk of prostate cancer, including individuals with African American ancestry, family history of the disease, and increasing age. The Department of Public Health will establish, manage and oversee the following critical components of the program:
(1)Establishment of the Massachusetts Prostate Cancer Strategic Task Force consisting of the key stakeholders in healthcare research, education, delivery, advocacy and policy in order to develop and implement consensus-based statewide short-term and long-term plans for the advancement of patient care, including decreased mortality and morbidity and improved quality of life; and
(2)Establishment of a grant program to support educational symposia with leading medical authorities, with the goal of educating providers, patients and their caregivers and other key healthcare stakeholders on the current and emerging knowledge of state-of-the-art patient care and related clinical trials in prevention, diagnosis and treatment. The educational symposia will be held in six major regions of the Commonwealth including Boston and integrated with state-wide community outreach to patients at high risk and a multi-media campaign for public awareness in collaboration with experts in communications, media and public relations. This funding will support an integrated program of Massachusetts-based not-for-profit organizations that have demonstrated experience and a proven track record in prostate cancer public awareness and education, with a focus on facilitating transfer of cutting-edge scientific advances from laboratories to clinics. Said program shall be coordinated by AdMeTech Foundation working in cooperation with the Massachusetts Prostate Cancer Coalition and Men of Color Health Awareness."
Budget Amendment ID: FY2015-S4-865
EHS 865
Breast Pump Coverage
Mr. Welch, Ms. Spilka, Ms. Candaras, Messrs. Brownsberger, Richard T. Moore and Rush, Ms. Forry, Ms. O'Connor Ives, Messrs. Kennedy, DiDomenico, McGee and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by adding the following new section:-
“SECTION XX. Effective July 1, 2014, MassHealth and any commercial insurer that insures MassHealth subscribers shall provide double electric breast pumps to expectant and new mothers as specifically prescribed by their attending physician, consistent with the provisions of the Patient Protection and Affordable Care Act of 2010, Pub. L. 111-148.”
Budget Amendment ID: FY2015-S4-866-R1
Redraft EHS 866
Nursing Home Residents Protection Amendment
Mr. Montigny moved that the proposed new text be amended in section 2, in item 4000-0600, moved that the bill be amended in section 2, in item 4000-0600, by inserting after the words “in state fiscal year 2014”: “provided further, that in fiscal year 2015, MassHealth shall expend not less than $10,000,000 to reimburse nursing home facilities for bed hold days; provided further, that to the extent feasible, MassHealth shall reimburse said facilities for up to 20 medical leave of absence days and not less than 10 medical leave of absence days; provided further, that MassHealth shall guarantee 10 non-medical leave of absence days; provided further, that not later than January 1, 2015, MassHealth shall report to the house and senate committees on ways and means on: (i) the number of nursing facility clients on a leave of absence, delineated by nursing facility, by medical leave of absence and non-medical leave of absence, and total number of days on leave of absence; (ii) monthly capacity levels per nursing homes and the monthly total number of empty beds per nursing facility; (iii) the average payment amount per nursing facility client; and (iv) the aggregate payment amount per nursing facility by month”
Budget Amendment ID: FY2015-S4-867
EHS 867
DDS SERVICE COORDINATION AND ADMINISTRATION
Messrs. Barrett and Joyce moved that the proposed new text be amended in section 2, in item 5911-1003, moved that the bill be amended in section 2, in item 5911-1003, by striking out the figure “$64,962,455” and inserting in place thereof the following figure:- “$65,860,036”.
Budget Amendment ID: FY2015-S4-868-R1
Redraft EHS 868
Emergency Services
Mr. McGee moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-
"SECTION 125A. (a) Notwithstanding paragraph (4) of section 51G of chapter 111 of the General Laws, Union Hospital in the city of Lynn shall provide 120 days notice to the department of public health, the mayor of the city of Lynn and the city council of the city of Lynn prior to discontinuing any essential health services, as defined by the department of public health.
(b) Notwithstanding any special or general law to the contrary, Union Hospital in the city of Lynn shall maintain the emergency services, for which notice was provided under subsection (a), until it complies with subsection (a) and any plan submitted to the department of public health, pursuant to paragraph (4) of section 51G of chapter 111 of the General Laws, is approved by the department of public health.” ”
Budget Amendment ID: FY2015-S4-870
EHS 870
Girls Inc. Teen Pregnancy Prevention
Mr. McGee moved that the proposed new text be amended in section 2, in item 4530-9000, moved that the bill be amended in section 2, in item 4530-9000, by adding at the end thereof 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: FY2015-S4-871
EHS 871
Hospital Provider Organizations
Mr. McGee moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-
“SECTION XXX. Section 13 of chapter 6D of the General Laws, most recently amended by chapter 60 of the acts of 2013, is hereby further amended by adding the following subsection:-
(l) A licensed provider organization, before making any material changes as provided in this section, shall first obtain approval from: (i) the city council, in the case of a city, or the board of selectmen, or its equivalent, in the case of a town, for the municipality where the provider organization is located; and (ii) the municipal board of health, municipal health department or regional health district exercising powers and duties pursuant to chapter 111 over the municipality or district where the provider organization is located.”.
Budget Amendment ID: FY2015-S4-872
EHS 872
Children's Autism Medicaid Waiver
Ms. Creem, Messrs. Eldridge, Michael O. Moore and DiDomenico, Ms. Spilka, Messrs. Brownsberger and Barrett, Ms. Candaras, Messrs. Donnelly, Joyce and Kennedy and Ms. Lovely moved that the proposed new text be amended in section 2, in item 5920-3010, moved that the bill be amended in section 2, in item 5920-3010, by striking out the figure“$4,000,000” and inserting in place thereof the following figure:-“$6,000,000”; and in said item by inserting after the words "1 regularly scheduled enrollment period per year" the following words:- "or a continuous open enrollment period;"; and in said item by inserting after the words "the costs associated with those services" the following words:- "for the period covering October 1, 2013 through September 30, 2014"; and by striking out the figures "$5,621,357" and inserting in place thereof the following figures:- "$8,621,357"
Budget Amendment ID: FY2015-S4-873
EHS 873
Turning 22
Ms. Lovely, Ms. Spilka, Ms. Candaras, Mr. Humason, Ms. O'Connor Ives, Messrs. Barrett, Brownsberger, Finegold, Joyce, Kennedy and Montigny moved that the proposed new text be amended in section 2, in item 5920-5000, moved that the bill be amended in section 2, in item 5920-5000, by striking out the figure: "$6,500,000” and inserting in place thereof the following figure: “$8,500,000”.
Budget Amendment ID: FY2015-S4-874-R1
Redraft EHS 874
DCF FAIR HEARINGS INDEPENDENT EVALUATOR
Mr. Barrett, Ms. Creem and Mr. Brownsberger moved that the proposed new text be amended in section 2, moved that the bill be amended, in section 2, by inserting after item 1599-7770 the following item:-
“xxxx-xxxx For a department of children and families administrative hearing system process evaluation reserve; provided, that the office of the child advocate shall select an independent evaluator to assess the department’s administrative hearing system; provided further, that the evaluation shall report on whether the department’s regulations, funding, staffing levels and processes provide for an administrative hearing system that is: (i) timely, including an analysis of the amount of time allocated to or the causes of any delays (A) between when a hearing request is filed and the first day of the hearing, (B) between the first day of the hearing and the hearing officer’s decision, (C) between the hearing officer’s decision and the department's final decision, (D) from requests by any party for a continuance and (E) from appealing the department’s final decision; (ii) independent, including an analysis of any possible bias on the part of hearing officers in favor of the department or against certain classes of appellants; and (iii) fair, including an analysis of any disparities in accessing resources, information or legal counsel that may inherently favor the department over appellants; provided further, that the evaluator shall be selected through a competitive procurement in which the office of the child advocate shall consider researchers with experience in: (1) conducting process evaluations across a wide array of administrative or civil justice systems; (2) child welfare issues, including abuse and neglect; (3) socioeconomic disparities among residents in successfully petitioning court or administrative hearing systems for redress; (4) extracting and analyzing court or hearing data; (5) quantitative and qualitative evaluations; and (6) cost benefit analysis as it relates to funding government operations; provided further, that the office of the child advocate shall select the evaluator not later than October 1, 2014; provided further, that preference shall be given to not-for-profit organizations; provided further, that the evaluator shall provide quarterly progress updates to the house and senate clerks, the house and senate committees on ways and means and the house and senate co-chairs of the joint committee on children, families and persons with disabilities beginning on November 1, 2014; provided further, that the evaluator shall provide a preliminary report on their findings to the house and senate clerks, the house and senate committees on ways and means and the house and senate co-chairs of the joint committee on children, families and persons with disabilities not later than March 15, 2015; and provided further, that this item shall not revert and shall be made available for these purposes through June 30, 2015.........................................................................................$200,000”.
Budget Amendment ID: FY2015-S4-875
EHS 875
Sheltered Workshops Preservation
Ms. O'Connor Ives, Messrs. Tarr, Brownsberger and Humason moved that the proposed new text be amended in section 2, in item 5920-2025, moved that the bill be amended in Section 2, in item 5920-2025 by striking out the text and inserting in place thereof the following item:-
"5920-2025 For community-based day and work programs and associated transportation costs for adults; provided, that the department shall provide transportation on the basis of priority of need as determined by the department; and provided further, that the department shall not reduce the availability or decrease funding for sheltered workshops serving persons with disabilities who voluntarily seek or wish to retain such employment services .............................................................................. $173,662,848"
Budget Amendment ID: FY2015-S4-876
EHS 876
Pediatric Acute Care Reimbursement
Messrs. Kennedy, DiDomenico, Joyce, Barrett, Rush, Keenan and Tarr moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by inserting 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 make a supplemental payment to any acute care pediatric hospital and pediatric specialty unit in the Commonwealth, above base rates, to compensate for high-complexity pediatric care in an amount not less than the amount appropriated for in Chapter 38 of the Acts of 2013”
Budget Amendment ID: FY2015-S4-877
EHS 877
HOME CARE WORKFORCE TRAINING FUND
Messrs. Barrett, Eldridge and Joyce and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 9110-1638, moved that the bill be amended in section 2, in item 9110-1638, by inserting after item 9110-1633 the following item:
“9110-1638 For the provision of training to further the professional competencies of the workforce serving consumers of the home care program under section 4 of chapter 19A of the general laws; provided that eligible training recipients may include outreach workers, case managers, home care aides and protective services investigators...........................................................................$1,200,000”
Budget Amendment ID: FY2015-S4-878-R1
Redraft EHS 878
Psychotropic Medications
Ms. O'Connor Ives moved that the proposed new text be amended moved that the bill be amended by inserting after section 59 the following section:-
“SECTION 59A. Chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 72AA the following section:-
Section 72BB. (a) For the purposes of this section the term “facility” shall mean a nursing home, rest home or other long term care facility.
(b) The department shall establish a schedule of psychotropic medications that shall not be administered to a resident by a facility without informed written consent.
(c) Prior to administering psychotropic medication listed on the schedule created under subsection (b) a facility shall obtain the informed written consent of the resident, the resident’s health care proxy or the resident’s guardian. Informed written consent shall be obtained on a form approved by the department, which shall include, at a minimum, the following information: (i) the purpose for administering the listed psychotropic drug; (ii) the prescribed dosage; and (iii) any known effect or side effect of the psychotropic medication. The written consent form shall be kept in the resident’s medical record.”; and
by inserting after section 125 the following section:-
“SECTION 125A. The department of public health shall adopt regulations to implement section 72BB of chapter 111 of the General Laws prior to January 1, 2015.”; and
by inserting after section 131 the following section:-
“SECTION 131A. Section 59A shall take effect January 1, 2015.”
Budget Amendment ID: FY2015-S4-879
EHS 879
Disconnected Youth
Mr. Rosenberg moved that the proposed new text be amended moved that the bill be amended by inserting the following new section:-
“SECTION __. The secretary of health and human services, the secretary of education, the secretary of labor and workforce development and the secretary of housing and economic development shall convene a committee to develop a response strategy and draft proposals for a federal “Performance Partnership Pilots for Disconnected Youth" solicitation. Said response strategy shall include, but not limited to, a draft proposal for improving outcomes for youths aging out of foster care and a draft proposal for juveniles engaged with the criminal justice system. The committee shall report such strategy and draft proposals to the chairs of the joint committee on ways and means, within thirty days of enactment of this Act.”
Budget Amendment ID: FY2015-S4-880
EHS 880
Comprehensive Family Planning
Messrs. Wolf, Donnelly, Rodrigues, Petruccelli, Eldridge and DiDomenico, Ms. Lovely, Ms. Chang-Diaz, Ms. Creem, Messrs. Finegold and Barrett, Ms. Jehlen and Mr. Montigny moved that the proposed new text be amended in section 2, in item 4513-1000, moved that the bill be amended in section 2, in item 4513-1000, by striking the figure “$4,923,599” and inserting in place thereof the following figure “$6,200,000”.
Budget Amendment ID: FY2015-S4-881
EHS 881
Access to MassHealth Mental Health and Addiction Outpatient Treatment
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4000-0500, moved that the bill be amended in section 2, in item 4000-0500, by inserting at the end thereof the following:- “, provided further, that of the amount allocated in this line item, $16,000,000 shall be allocated for providers in the PCC mental health and substance abuse plan”.
Budget Amendment ID: FY2015-S4-882-R1
Redraft EHS 882
Disproportionate Share Hospital Reimbursement Adjustments
Messrs. Welch, Wolf, Downing and Michael O. Moore, Ms. Candaras, Ms. Chandler, Messrs. Rodrigues, Rush, Finegold and Keenan, Ms. Jehlen, Mr. Brownsberger, Ms. O'Connor Ives, Ms. Chang-Diaz, Ms. Forry, Messrs. DiDomenico, Kennedy, Pacheco and Humason moved that the proposed new text be amended in section 2, in item 4000-0700, moved that the bill be amended in section 2, in item 4000-0700, by inserting after words "wellness goals" the following words:- “; provided further, that MassHealth shall provide an additional 5 per cent of its standard payment amount per discharge, or SPAD, above fiscal year 2013, or of reimbursement provided under any subsequent inpatient payment methodologies and an additional 5 per cent to its outpatient payment amount per episode or PAPE, above fiscal year 2013, 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; provided further, MassHealth shall provide a supplemental payment of at least $12,307,769 for inpatient and outpatient behavioral and mental health services provided by 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; provided further, that said behavioral and mental health supplemental payment shall be subject to all required federal approvals and the availability of federal financial participation and shall be prioritized for services provided to children and adolescents; provided further, that if federal financial participation is not available for said behavioral and mental health supplemental payments, the executive office of health and human services shall make a payment of not less than $6,153,885;”.
Budget Amendment ID: FY2015-S4-883
EHS 883
DCF FAMILY SUPPORT AND STABILIZATION SERVICES
Mr. Barrett, Ms. Donoghue, Messrs. Michael O. Moore, Brownsberger and Joyce moved that the proposed new text be amended in section 2, in item 4800-0040, moved that the bill be amended in section 2, in item 4800-0040, by striking out the figure “$44,610,551” and inserting in place thereof the following figure:- “$50,010,551”
Budget Amendment ID: FY2015-S4-884
EHS 884
Office of Health Equity
Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill 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: FY2015-S4-885
EHS 885
Healthcare Exchange Website
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION__. Notwithstanding any general or special law to the contrary, the commonwealth, by and through the governor or the governor’s designee shall formally request a federal waiver under Sections 1321(e) and 1332 of The Patient Protection and Affordable Care Act, Pub. L. 111-148 & 111-152 to return to the Health Connector Exchange established by chapter 58 of the acts of 2006. All negotiations with any federal agency concerning this waiver shall be conducted in consultation with the house and senate chairs and ranking minority members of the joint committee on health care financing. The governor or the governor’s designee shall file a detailed report describing the waiver application and waivers received, along with all documentation, including, but not limited to, all related written and verbal responses from the department of health and human services, with the clerks of the senate and house not later than December 31, 2014. The governor shall report monthly to the joint committee on health care financing and the house and senate committees on ways and means on the status of the waiver request under this section.”
Budget Amendment ID: FY2015-S4-886
EHS 886
Division of Health Care Quality
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4510-0710, moved that the bill be amended in section 2, in item 4510-0710, by striking out the figure “$7,803,178” and replacing it with the following figure:-
“$7,903,526”.
Budget Amendment ID: FY2015-S4-887
EHS 887
Noble Hospital Patient Access
Mr. Humason moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by adding the following, "provided further that on or before December 31, 2014, not less than $250,000 shall be provided to Noble Hospital, a federal and state disproportionate share hospital that is geographically isolated, to improve the access entry way for all patients, especially those challenged with disabilities, provided that such funds are matched by an equal or greater amount by Noble Hospital";
Budget Amendment ID: FY2015-S4-888
EHS 888
DTA Employment Services Program
Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4401-1000, moved that the bill be amended in section 2, in item 4401-1000, by striking out the figure "$4,403,855" and inserting in place thereof the following figure:-
"$7,403,855".
Budget Amendment ID: FY2015-S4-889
EHS 889
Community Health Center Technical Assistance
Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4510-0110, moved that the bill be amended in section 2, in item 4510-0110, by inserting after the word “services” 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: FY2015-S4-890
EHS 890
Protecting Health Care Choice
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION__. Notwithstanding any general or special law to the contrary, the commonwealth, by and through the governor or the governor’s designee shall formally request a federal waiver under The Patient Protection and Affordable Care Act, Pub. L. 111-148 & 111-152, including but not limited to a waiver under Section 1332 of the Act, so that any person may keep the healthcare plan he or she had prior to the passage of the Act. All negotiations with any federal agency concerning this waiver shall be conducted in consultation with the house and senate chairs and ranking minority members of the joint committee on health care financing. The governor or the governor’s designee shall file a detailed report describing the waiver application and waivers received, along with all documentation, including, but not limited to, all related written and verbal responses from the department of health and human services, with the clerks of the senate and house not later than December 31, 2014. The governor shall report monthly to the joint committee on health care financing and the house and senate committees on ways and means on the status of the waiver request under this section.”
Budget Amendment ID: FY2015-S4-891
EHS 891
MassHealth Senior Care Account
Ms. Jehlen, Ms. Forry and Ms. Spilka moved that the proposed new text be amended in section 2, in item 4000-0600, moved that the bill be amended in section 2, in item 4000-0600, by striking out the figure “$3,142,789,454” and inserting in place thereof the following figure:-
"$3,179,589,454".
Budget Amendment ID: FY2015-S4-892
EHS 892
Western Mass. Network to End Homelessness
Messrs. Rosenberg, Downing and Welch moved that the proposed new text be amended in section 2, in item 7004-0102, moved that the bill be amended in section 2, in item 7004-0102, by adding at the end thereof the following:- provided further, that not less than $125,000 shall be expended for the Western Massachusetts Network to End Homelessness to implement the Opening Doors Strategic Plan to End Homelessness;
Budget Amendment ID: FY2015-S4-893-R1
Redraft EHS 893
DCF SOCIAL WORKERS
Messrs. Barrett and Donnelly, Ms. Jehlen, Messrs. Michael O. Moore and Keenan, Ms. O'Connor Ives, Ms. Donoghue, Messrs. Humason and Hedlund, Ms. Spilka, Ms. Forry, Mr. Welch, Ms. Candaras, Messrs. Finegold, Brownsberger, Rodrigues and Joyce moved that the proposed new text be amended in section 2, in item 4800-1100, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 4800-1100, by adding the following words:- “; and provided further, that $200,000 shall be expended to hire additional staff and for associated operating costs in the department’s fair hearing system”; and
in said section 2, in said item 4800-1100, by striking out the figure “$180,351,997” and inserting in place thereof the following figure:- “$182,551,997”.
Budget Amendment ID: FY2015-S4-894
EHS 894
Restoring Massachusetts Health Care
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION__. Notwithstanding any general or special law to the contrary, the commonwealth, by and through the governor or the governor’s designee shall formally request a permanent federal waiver from the burdensome market rating rules in CMS-9972-F that specify permissible rating factors and require annual rate setting under The Patient Protection and Affordable Care Act, Pub. L. 111-148 & 111-152, including but not limited to a waiver under Section 1332 of the Act. All negotiations with any federal agency concerning this waiver shall be conducted in consultation with the house and senate chairs and ranking minority members of the joint committee on health care financing. The governor or the governor’s designee shall file a detailed report describing the waiver application and waivers received, along with all documentation, including, but not limited to, all related written and verbal responses from the department of health and human services, with the clerks of the senate and house not later than December 31, 2014. The governor shall report monthly to the joint committee on health care financing and the house and senate committees on ways and means on the status of the waiver request under this section.”
Budget Amendment ID: FY2015-S4-895
EHS 895
Investing TAFDC Savings
Messrs. Wolf and Barrett, Ms. Jehlen, Messrs. Lewis and DiDomenico, Ms. Spilka, Mr. Michael O. Moore, Ms. Candaras, Messrs. Brownsberger, Eldridge and Donnelly, Ms. Creem, Ms. Forry, Ms. Chang-Diaz, Messrs. McGee, Finegold, Joyce, Kennedy and Downing and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 4403-2000, moved that the bill be amended in section 2, in item 4403-2000, by inserting after the words “standard in effect in fiscal year 2014” the following:- plus 15 percent; and by striking the figure “$253,180,145” and inserting in place thereof the following figure:- $289,180,145.
Budget Amendment ID: FY2015-S4-896
EHS 896
Co-occurring mental health and substance abuse treatment programs
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by inserting at the end thereof the following new text:- “;provided further that a state operated residential treatment program shall be developed on the campus of Taunton State Hospital for individuals who have been diagnosed as having co-occurring mental health and substance abuse disorders.”
Budget Amendment ID: FY2015-S4-897
EHS 897
Healthy Relationships Grant Program
Messrs. Eldridge, Barrett and Ross, Ms. Spilka, Ms. Chandler, Messrs. Donnelly and Timilty, Ms. Candaras, Mr. Keenan, Ms. Lovely, Messrs. Rush and DiDomenico, Ms. Creem, Ms. Donoghue, Messrs. Lewis, Hedlund, Montigny, Michael O. Moore, Finegold, Welch, Joyce and McGee moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 4513-1130 the following item:-
“xxxx-xxxx For a competitive grant program in public schools from grades 5 through 12 that will promote healthy relationships and address teen dating violence; provided, that the department of elementary and secondary education shall develop a 3 year grant program for 10 schools on anti-teen dating violence programming for implementation for the school year beginning in 2015; provided further, that the grant program shall be for schools in which the majority of students are eligible for free or reduced lunch; and provided further, that at least 1 grantee shall be a school located in a municipality with a population of 25,000 or less……………...............................…………$150,000”
Budget Amendment ID: FY2015-S4-898
EHS 898
DPH Violence Prevention Grants
Ms. Chang-Diaz, Messrs. DiDomenico and Eldridge, Ms. Forry, Messrs. Keenan, Michael O. Moore and Montigny moved that the proposed new text be amended in section 2, in item 4590-1506, moved that the bill be amended in section 2, in item 4590-1506, by striking out the figure “1,506,078” and inserting in place thereof the following figure:- “2,000,000”.
Budget Amendment ID: FY2015-S4-899-R1
Redraft EHS 899
Veteran cemateries
Mr. Humason moved that the proposed new text be amended in section 2, in item 1410-0018, moved that the bill be amended in section 2, by striking out item 1410-0018 and inserting in place thereof the following item:-
“For the department of veterans’ services, which may expend not more than $740,000 for the maintenance and operation of veterans’ cemeteries in the city known as the town of Agawam and the town of Winchendon from revenue collected from fees, grants, gifts or other contributions to the cemeteries; provided, that up to $175,000 shall be expended for the maintenance and expansion of the columbarium walls at the veterans’ cemetery in the city known as the town of Agawam; and provided further, that for the purpose of timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent estimate as reported in the state accounting system, prior appropriation continued…………………………………………………………$740,000”
Budget Amendment ID: FY2015-S4-901
EHS 901
Massachusetts Child Psychiatry Access Project
Ms. Flanagan moved that the proposed new text be amended in section 2, in item 5042-5000, moved that the bill be amended in section 2, in item 5042-5000, in lines 18 and 20, by striking out the word “may” and inserting in place thereof the following word:- “shall”.
Budget Amendment ID: FY2015-S4-902
EHS 902
Expand Massachusetts Opioid Prevention Collaborative
Ms. Jehlen and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:-
“provided further that not less than $1,300,000 shall be provided for the expansion of the existing Massachusetts Opioid Abuse Prevention Collaborative initiatives by making additional funding available to current grantees above current levels to further substance abuse prevention activities pursuant to strategic plans; and provided further, that not less than $1,300,000 shall be expended for new grantees in additional geographies to promote the statewide reach of the substance abuse prevention initiatives; and provided further, that to the greatest extent possible, federal funds such as those afforded by the Substance Abuse and Mental Health Administration should be explored to support said expansions of the program.”
And by striking out the figure “$88,827,334” and insert in place thereof the following figure:-
“$91,427,334”.
Budget Amendment ID: FY2015-S4-903
EHS 903
Westfield council on aging
Mr. Humason moved that the proposed new text be amended in section 2, in item 9110-9002, moved that the bill be amended in section 2, in item 9110-9002, by adding at the end thereof the following, "provided further, that not less than $50,000 shall be expended for a one time grant to the city of Westfield";
Budget Amendment ID: FY2015-S4-904-R2
2nd Redraft EHS 904
DCF Social Worker Licensing
Mr. Eldridge, Ms. Spilka, Messrs. Donnelly and Lewis moved that the proposed new text be amended moved that the bill be amended by inserting after section 19 the following section:-
“SECTION 19A. Section 7 of chapter 18B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(o) The commissioner shall require all social workers employed by the department to obtain a license as a social worker pursuant to section 131 of chapter 112 within the first 6 months of employment. The commissioner shall require social workers employed by the department to participate in not less than 30 hours per year of paid professional development training; provided, however, that such training shall be consistent with applicable collective bargaining agreements. The commissioner of children and families may promulgate regulations to establish a hardship waiver process to ensure access for underserved populations.
Budget Amendment ID: FY2015-S4-905-R1
Redraft EHS 905
Community Hospital Technology
Mr. Joyce moved that the proposed new text be amended in section 2, in item 4000-0500, moved that the bill be amended in section 2, in item 4000-0500, by inserting at the end thereof the following:- “; provided further that $1,000,000 shall be expended to initiate health information technology improvements including but not limited to, provider connectivity, e-prescribing, patient portal, continuity of care document, data repository, dose tracker, new hardware and technicians at Milton Hospital”
Budget Amendment ID: FY2015-S4-906
EHS 906
Health Insurance Penalties
Messrs. Ross, Tarr, Humason and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new section:-
“SECTION XX. Section 2 of chapter 111M of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, in line 33, after the word "penalty;" the following words:- provided, however, if during the course of a taxable year a taxpayer becomes unemployed and, as a result, loses health care coverage for the duration of that unemployed period, and that unemployed period is longer than 63 days, the taxpayer shall be exempt from the penalty for the duration of that unemployed period;”
Budget Amendment ID: FY2015-S4-907
EHS 907
DTA Caseloads
Messrs. Eldridge and Barrett moved that the proposed new text be amended in section 2, in item 4400-1100, moved that the bill be amended in section 2, in item 4400-1100, moved to amend the bill, in section 2, in line item 4400-1100, by striking out the figures “$63,334,508” and inserting in place thereof the figures “$65,334,508.”
Budget Amendment ID: FY2015-S4-908
EHS 908
Health Care Affordability Protections for Low-Income Residents
Messrs. Eldridge, Wolf, Barrett and DiDomenico moved that the proposed new text be amended moved that the bill be amended by inserting, after section X, the following new section: -
“SECTION X. The third paragraph of section 9 of chapter 118E of the General Laws is hereby amended by adding the following sentences:- Enrollees with a household income that does not exceed 100 per cent of the federal poverty guidelines shall only be responsible for copayments equal to those required of enrollees in the MassHealth program. No other premium, deductible, or other cost sharing shall apply to these enrollees. Enrollees with income that is over 100 percent of said poverty guidelines but that does not exceed 150 per cent of said guidelines shall have available to them at least one plan with no premium contribution.
SECTION X. Section 3 of chapter 176Q of the General Laws is hereby amended by striking out clause (b) and inserting in place thereof the following clause:–
(b) to determine each applicant's eligibility for purchasing insurance offered by the connector, and to establish eligibility criteria and determine eligibility for premium assistance payments or point of service cost-sharing subsidies for applicants at or below 300 per cent of the federal poverty guidelines, provided that individuals receiving premium assistance payments or point-of-service cost-sharing subsidies whose household income does not exceed 100 per cent of the federal poverty guidelines shall only be responsible for copayments equal to those required of enrollees in the MassHealth program, and no other premium, deductible or other cost sharing shall apply to these enrollees; provided further that individuals receiving premium assistance or point-of-service cost-sharing subsidies with income that is over 100 percent of said poverty guidelines but that does not exceed 150 per cent of said guidelines shall have available to them at least one plan with no premium contribution.”
Budget Amendment ID: FY2015-S4-910
EHS 910
SSTAR
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:-
“provided further, that no less than $50,000 shall be allocated for the Stanley Street Treatment and Resource Center in the city of Fall River” and in said item by striking out the figures “$88,827,334” and inserting in place thereof the figures: “$88,877,334”.
Budget Amendment ID: FY2015-S4-911-R1
Redraft EHS 911
Medical Marijuana Third Party Review
Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section ___, the following new section:-
“SECTION __. The inspector general shall conduct a review and investigation of the medical marijuana licensing process conducted by the department of public health. The review shall include but not be limited the following: the integrity of the department’s licensing process; whether the department adhered to its licensing procedures; the veracity of statements made in applicants’ written submissions; and the costs incurred in the licensing process. The inspector general shall file a report of its findings along with recommendation for reform to the clerks of the house and senate no later than 30 days after passage of this act.
Not withstanding any general or special law to the contrary, no licenses shall be awarded under Chapter 369 of the Acts of 2012 until at least 30 days after the inspector general files its report.”
Budget Amendment ID: FY2015-S4-912
EHS 912
State Operated Group Homes
Mr. Joyce and Ms. Flanagan moved that the proposed new text be amended in section 2, in item 5920-2010, moved that the bill be amended in section 2, in item 5920-2010, by striking out the figure $205,583,619 and inserting in its place the figure $206,309,615.
Budget Amendment ID: FY2015-S4-913-R3
3rd Redraft EHS 913
Marijuana Dispensary Surcharge
Mr. Joyce moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moves that the bill be amended by inserting, after section __, the following new section:-
“SECTION __.
There shall be a commission to study and make recommendations to the legislature about: (i) the pricing and taxing of marijuana, products that contain marijuana and supplies related to the use of marijuana and (ii) how to ensure adequate access to marijuana for medical purposes to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation or the lack of a treatment center within a reasonable distance of the patient's residence.
The commission shall be comprised of: the commissioner of public health or a designee; the secretary of health and human services or a designee; the secretary of administration and finance or a designee; the commissioner of the department of revenue or a designee; the senate and house chairs of the joint committee on public health; the senate and house chairs of the joint committee on revenue; the senate and house chairs of the joint Committee on state administration and regulatory oversight; the senate chair of the senate committee on bonding, capital expenditures and state assets; and 1 member of the house of representatives.
The commission shall issue its final report not later than 60 days from the effective date of this act. The report shall include the findings of the commission along with drafts of any legislation necessary to effectuate the commission's recommendations and shall be filed with the clerks of the senate and house of representatives."
Budget Amendment ID: FY2015-S4-913.1
Further EHS 913.1
Guarantee of Patient Access
Mr. Keenan moved that the amendment be amended moved that the amendment be amended by inserting at the end the following new section:-
“SECTION __. Chapter 369 of the Acts of 2012 is hereby further amended by striking Section 11 and inserting in place thereof the following:-
“Section 11. Guarantee of Patient Access.
The Department shall additionally promulgate regulations to ensure adequate access to marijuana for medical purposes to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence.
Such regulations may include, but need not be limited to, requirements that a medical marijuana dispensary demonstrate the ability to provide a product at low cost or no cost to patients limited by financial hardship, and the ability to establish an adequate delivery system that enables all qualifying patients within the county of the treatment center’s registration, including those patients with physical limitations, to receive medical marijuana and related products by delivery to their homes.”
Budget Amendment ID: FY2015-S4-914
EHS 914
Clarifying the Classification of Marijuana
Messrs. Joyce, Barrett and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new sections:
SECTION __. Chapter 396 of the Acts of 2012, is hereby amended by striking out “and thereby make this law revenue neutral.”
SECTION __. Chapter 369 of the Acts of 2012 is hereby further amended by inserting at the end thereof the following new section:-
Section __. Medical marijuana shall not be considered a medicine under section 6(L) of chapter 64H of the General Laws .
Budget Amendment ID: FY2015-S4-914.1
Further EHS 914.1
Clarifying the Classification of Marijuana
Mr. Keenan moved that the amendment be amended moved that the amendment be amended by inserting at the end the following new section:-
“SECTION __. Chapter 369 of the Acts of 2012 is hereby further amended by striking Section 11 and inserting in place thereof the following:-
“Section 11. Guarantee of Patient Access.
The Department shall additionally promulgate regulations to ensure adequate access to marijuana for medical purposes to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence.
Such regulations may include, but need not be limited to, requirements that a medical marijuana dispensary demonstrate the ability to provide a product at low cost or no cost to patients limited by financial hardship, and the ability to establish an adequate delivery system that enables all qualifying patients within the county of the treatment center’s registration, including those patients with physical limitations, to receive medical marijuana and related products by delivery to their homes.”
Budget Amendment ID: FY2015-S4-915
EHS 915
Mental Health and Substance Abuse Services through MassHealth and EOHHS
Mr. Joyce and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4000-0500, moved that the bill be amended in section 2, in item 4000-0500, by striking the figure "4,792,819,941" and replacing it with the following: "4,802,829,941"
Budget Amendment ID: FY2015-S4-916
EHS 916
Creating a Cannabis Commission
Mr. Joyce moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new sections:
SECTION __. The General Laws are hereby further amended by inserting after chapter 23L the following chapter:-
CHAPTER 23M.
THE MASSACHUSETTS CANNABIS COMMISSION
Section 1. The General Court finds and declares that:
(1) ensuring public confidence in the integrity of the marijuana dispensary registration process and in the strict oversight of all marijuana dispensaries through a rigorous regulatory scheme is the paramount policy objective of this chapter;
(2) dispensary registration holders shall be held to the highest standards of licensing and shall have a continuing duty to maintain their integrity and financial stability;
(3) applicants for marijuana dispensary registrations and marijuana dispensary operators shall demonstrate their commitment to efforts to combat substance abuse and a dedication to community mitigation, and shall recognize that the privilege of registration bears a responsibility to identify, address and minimize any potential negative consequences of their business operations;
(4) any registration awarded by the commission shall be a revocable privilege and may be conditioned, suspended or revoked upon: (i) a breach of the conditions of registration; (ii) any civil or criminal violations of the laws of the commonwealth or other jurisdictions; or (iii) a finding by the commission that a dispensary operator is unsuitable to operate a marijuana dispensary or perform the duties of their registered position; and
(5) the power and authority granted to the commission shall be construed as broadly as necessary for the implementation, administration and enforcement of this chapter.
Section 2. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under common control with, a specified person.
“Applicant”, a person who has applied for a license to engage in activity regulated under this chapter.
“Application”, a written request for a finding of suitability to receive a registration or engage in an activity which is regulated by this chapter.
“Business”, a corporation, sole proprietorship, partnership, limited liability company or any other organization formed for the purpose of carrying on a commercial enterprise.
“Card holder” shall mean a qualifying patient, a personal caregiver, or a dispensary agent of a medical marijuana treatment center who has been issued and possesses a valid registration card.
“Capital expenditure”, money spent by a registered dispensary operator to upgrade or maintain depreciable and tangible long-term physical assets that are capitalized on the registered dispensary operator’s books under generally accepted accounting principles and excluding expenditures or charges for the usual and customary maintenance and repair of any fixed asset.
“Chair”, the chair of the commission.
“Close associate”, a person who holds a relevant financial interest in, or is entitled to exercise power in, the business of an applicant or marijuana dispensary registration holder and, by virtue of that interest or power, is able to exercise a significant influence over the management or operation of a gaming establishment or business licensed under this chapter.
“Commission”, the Massachusetts cannabis commission established in section 2.
“Commissioner”, a member of the commission.
“Cultivation registration” shall mean a registration issued to a medical marijuana treatment center for growing marijuana for medical use under the terms of this Act, or to a qualified patient or personal caregiver under the terms of Section 11.
“Department” shall mean the Department of Public Health of the Commonwealth of Massachusetts.
“Dispensary agent” shall mean an employee, staff volunteer, officer, or board member of a non-profit medical marijuana treatment center, who shall be at least twenty-one (21) years of age.
“Division”, the division of marijuana enforcement in the office of the attorney general.
“Executive director”, the executive director of the Massachusetts cannabis commission.
“Governing body”, in a city having a Plan D or Plan E charter the city manager and city council and in any other city the mayor and the city council and in towns the board of selectmen.
“Gross revenue” or “gross marijuana revenue”, the total of all sums actually received by a registered marijuana dispensary from sales of all products.
“Grow Site” a location, approved by the commission, where marijuana is grown for legal distribution.
“Holding company”, a corporation, association, firm, partnership, trust or other form of business organization, other than a natural person, which, directly or indirectly, owns, has the power or right to control, or has the power to vote any significant part of the outstanding voting securities of a corporation or any other form of business organization which holds or applies for a dispensary registration; provided, however, that a “holding company”, in addition to any other reasonable use of the term, shall indirectly have, hold or own any such power, right or security if it does so through an interest in a subsidiary or any successive subsidiaries, notwithstanding how many such subsidiaries may intervene between the holding company and the registered dispensary operator or applicant.
“Host community”, a municipality in which a marijuana dispensary is located or in which an applicant has proposed locating a marijuana dispensary. A host community shall include another municipality if it is located within 2 miles of a registered dispensary.
“Key dispensary employee”, an employee of a marijuana dispensary who is: (i) in a supervisory capacity; (ii) empowered to make discretionary decisions which regulate dispensary operations; or (iii) so designated by the commission.
“Major policymaking position”, the executive or administrative head of the commission and any person whose salary equals or exceeds that of a state employee classified in step 1 of job group XXV of the general salary schedule in section 46 of chapter 30 and who reports directly to the commission or the administrative head of any bureau or other major administrative unit within the commission and persons exercising similar authority.
“Marijuana,” has the meaning given “marihuana” in Chapter 94C of the General Laws.
“Medical marijuana treatment center” shall mean a not-for-profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including, but not limited to, development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.
“Marijuana Dispensary” shall mean any entity that that acquires, cultivates, possesses, processes (including, but not limited to, development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials for retail sale.
“Operation certificate”, a certificate of compliance issued by the commission to the operator of a registered marijuana dispensary.
“Person”, an individual, corporation, association, operation, firm, partnership, trust or other form of business association.
“Qualification” or “qualified”, the process of registration set forth by the commission to determine that all persons who have a professional interest in a marijuana dispensary meet the same standards of suitability to operate or conduct business with a dispensary.
“Registration” or “Registered Marijuana Dispensary” shall mean a medical marijuana treatment center or marijuana dispensary which has been approved by the commission or the Commonwealth of Massachusetts.
“State police”, the department of state police established in chapter 22C.
“Subsidiary”, a corporation, a significant part of whose outstanding equity securities are owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company, or a significant interest in a firm, association, partnership, trust or other form of business organization, other than a natural person, which is owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company.
“Surrounding communities”, municipalities in proximity to a host community which the commission determines experience or are likely to experience impacts from the development or operation of a marijuana dispensary, including municipalities from which the transportation infrastructure provides ready access to an existing or proposed marijuana dispensary.
“Transfer”, the sale or other method, either directly or indirectly, of disposing of or parting with property or an interest therein, or the possession thereof, or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance, sale, payment, pledge, mortgage, lien, encumbrance, gift, security or otherwise; provided, however, that the retention of a security interest in property delivered to a corporation shall be deemed a transfer suffered by such corporation.
“Section 2. (a) There shall be a Massachusetts cannabis commission which shall consist of 3 commissioners, 1 of whom shall be appointed by the governor who shall have experience in legal and policy issues related to marijuana; 1 of whom shall be appointed by the attorney general who shall have experience in criminal investigations and law enforcement; 1 of whom shall be appointed by the commissioner of the department of public health who shall have experience in public health. The governor shall designate the chair of the commission. The chair shall serve in that capacity throughout the term of appointment and until a successor shall be appointed. Prior to appointment to the commission, a background investigation shall be conducted into the financial stability, integrity and responsibility of a candidate, including the candidate’s reputation for good character, honesty and integrity. No person who has been convicted of a felony shall be eligible to serve on the commission.
(b) Each commissioner shall be a resident of the commonwealth within 90 days of appointment and, while serving on the commission, shall not: (i) hold, or be a candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state, or local government; or (iii) serve as an official in a political party. Not more than 2 commissioners shall be from the same political party.
(c) Each commissioner shall serve for a term of 5 years or until a successor is appointed and shall be eligible for reappointment; provided, however, that no commissioner shall serve more than 10 years. A person appointed to fill a vacancy in the office of a commissioner shall be appointed in a like manner and shall serve for only the unexpired term of such commissioner. The governor may remove a commissioner if the commissioner: (i) is guilty of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to discharge the powers and duties of the commissioner’s office; (iv) commits gross misconduct; or (v) is convicted of a felony.
(d) Two commissioners shall constitute a quorum and the affirmative vote of 2 commissioners shall be required for an action of the commission. The chair or 2 members of the commission may call a meeting; provided, however, that notice of all meetings shall be given to each commissioner and to other persons who request such notice. The commission shall adopt regulations establishing procedures, which may include electronic communications, by which a request to receive notice shall be made and the method by which timely notice may be given. The commission shall be subject to the Open Meeting Law in sections 18-25 of chapter 30A of the General Laws.
(e) Commissioners shall receive salaries commensurate to their experience and time devoted to their office, as determined by the governor. Commissioners shall devote half their time and attention to the duties of their office.
(f) The commission shall annually elect 1 of its members to serve as secretary and 1 of its members to serve as treasurer. The secretary shall keep a record of the proceedings of the commission and shall be the custodian and keeper of the records of all books, documents and papers filed by the commission and of its minute book. The secretary shall cause copies to be made of all minutes and other records and documents of the commission and shall certify that such copies are true copies, and all persons dealing with the commission may rely upon such certification.
(g) The chair shall have and exercise supervision and control over all the affairs of the commission. The chair shall preside at all hearings at which the chair is present and shall designate a commissioner to act as chair in the chair’s absence. To promote efficiency in administration, the chair shall, from time to time, make such division or re-division of the work of the commission among the commissioners as the chair deems expedient.
(h) All of the commissioners shall, if so directed by the chair, participate in the hearing and decision of any matter before the commission; provided, however, that at least 2 commissioners shall participate in the hearing and decision of matters other than those of formal or administrative character coming before the commission; provided further, that any such matter may be heard, examined and investigated by an employee of the commission designated and assigned by the chair, with the concurrence of 1 other commissioner. Such employee shall make a report in writing relative to the hearing, examination and investigation of every such matter to the commission for its decision. For the purposes of hearing, examining and investigating any such matter, such employee shall have all of the powers conferred upon a commissioner by this section. For each hearing, the concurrence of a majority of the commissioners participating in the decision shall be necessary.
(i) The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission, shall receive such salary as may be determined by the commission, and shall devote full time and attention to the duties of the office. The executive director shall be a person with skill and experience in management and shall be the executive and administrative head of the commission and shall be responsible for administering and enforcing the provisions of law relative to the commission and to each administrative unit thereof. The executive director may, subject to the approval of the commission, employ employees, consultants, agents and advisors, including legal counsel, and shall attend meetings of the commission. No funds shall be transferred by the commission without the approval of the commission and the signatures of the executive director and the treasurer. In the case of an absence or vacancy in the office of the executive director or in the case of disability as determined by the commission, the commission may designate an acting executive director to serve as executive director until the vacancy is filled or the absence or disability ceases. The acting executive director shall have all of the powers and duties of the executive director and shall have similar qualifications as the executive director.
(j) The executive director may, from time to time and subject to the approval of the commission, establish within the commission such administrative units as may be necessary for the efficient and economical administration of the commission and, when necessary for such purpose, may abolish any such administrative unit or may merge any 2 or more units. The executive director shall prepare and keep current a plan of organization of the commission, of the assignment of its functions to its various administrative units, offices and employees and of the places at which and the methods by which the public may receive information or make requests. A current copy of the plan of organization shall be kept on file with the state secretary and in the office of the secretary of administration and finance.
(k) The executive director may appoint such persons as the executive director shall consider necessary to perform the functions of the commission; provided, however, that chapter 31 and section 9A of chapter 30 shall not apply to commission employees. If an employee serving in a position which is classified under said chapter 31 or in which an employee has tenure by reason of said section 9A of said chapter 30 shall be appointed to a position within the commission which is not subject to said chapter 31, the employee shall, upon termination of service in such position, be restored to the position which the employee held immediately prior to such appointment; provided, however, that the employee’s service in such position shall be determined by the civil service commission in accordance with the standards applied by that commission in administering said chapter 31. Such restoration shall be made without impairment of the employee’s civil service status or tenure under said section 9A of said chapter 30 and without loss of seniority, retirement or other rights to which uninterrupted service in such prior position would have entitled such employee. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which such person would otherwise have been eligible. Employees of the commission, including employees working in the bureau, shall be classified as group 1 pursuant to paragraph (g) of subdivision (2) of section 3 of chapter 32.
(l) The commission shall require a prospective employee to: (i) submit an application and a personal disclosure on a form prescribed by the commission which shall include a complete criminal history, including convictions and current charges for all felonies and misdemeanors; (ii) undergo testing which detects the presence of illegal substances in the body; (iii) provide fingerprints and a photograph consistent with standards adopted by the state police; and (iv) provide authorization for the commission to conduct a credit and background check. The commission shall verify the identification, employment and education of each prospective employee, including: (i) legal name, including any alias; (ii) all secondary and post secondary educational institutions attended regardless of graduation status; (iii) place of residence; and (iv) employment history.
The commission shall not hire a prospective employee if the prospective employee has: (i) been convicted of a felony; (ii) been convicted of a misdemeanor more than 10 years prior to the prospective employee’s application that, in the discretion of the commission, bears a close relationship to the duties and responsibilities of the position for which employment is sought; (iii) been dismissed from prior employment for gross misconduct or incompetence; or (iv) intentionally made a false statement concerning a material fact in connection with the prospective employee’s application to the commission. If an employee of the commission is charged with a felony while employed by the commission, the commission shall suspend the employee, with or without pay, and terminate employment with the commission upon conviction. If an employee of the commission is charged with a misdemeanor while employed by the commission, the commission shall suspend the employee, with or without pay, and may terminate employment with the commission upon conviction if, in the discretion of the commission, the offense for which the employee has been convicted bears a close relationship to the duties and responsibilities of the position held with the commission.
(m) Chapters 268A and 268B shall apply to the commissioners and to employees of the commission.
(n) Immediately upon assuming office, each commissioner and employee of the commission, except for secretarial and clerical personnel, shall swear or affirm that the commissioner or employee possesses no interest in a person registered under this chapter. No individual shall be employed by the commission if, during the period commencing 3 years prior to employment, that individual held any direct or indirect interest in, or was employed by, a registered dispensary operator under this chapter.
(o) No employee of the commission shall pursue any other business or occupation or other gainful employment outside of the commission without the prior written approval of the commission that such employment will not interfere or be in conflict with the employee’s duties to the commission.
(p) No commissioner shall hold a direct or indirect interest in, or be employed by, an applicant or by a person registered by the commission for a period of 3 years after the termination of employment with the commission.
(q) No employee of the commission holding a major policymaking position shall acquire an interest in, or accept employment with, an applicant or registered dispensary operator for a period of 2 years after the termination of employment with the commission.
(r) No employee of the commission in a non-major policymaking position shall acquire an interest in, or accept employment with, an applicant or licensee under this chapter for a period of 1 year after termination of employment with the commission.
(s) The commissioners and those employees holding major policymaking positions shall be sworn to the faithful performance of their official duties. The commissioners and those employees holding major policymaking positions shall: (i) conduct themselves in a manner so as to render decisions that are fair and impartial and in the public interest; (ii) avoid impropriety and the appearance of impropriety in all matters under their jurisdiction; (iii) avoid all prohibited communications; (iv) require staff and personnel subject to their direction and control to observe the same standards of fidelity and diligence; (v) disqualify themselves from proceedings in which their impartiality might reasonably be questioned; and (vi) refrain from financial or business dealings which would tend to reflect adversely on impartiality.
(t) The commissioners and employees shall not own, or be in the employ of, or own any stock in, a business which holds a license under this chapter, nor shall they have, directly or indirectly, a pecuniary interest in, or be connected with, any such business or be in the employ of or connected with any person financing any such business; provided, however, that immediate family members of commissioners and employees holding major policymaking positions shall not own, or be in the employ of, or own stock in, any business which holds a license under this chapter. The commissioners and employees shall not personally, or through a partner or agent, render professional services or make or perform any business contract with or for any regulated entity, except contracts made with the commissioners for the furnishing of services, nor shall the commissioners or employees directly or indirectly receive any commission, bonus, discount, gift or reward from a regulated entity.
(u) Neither the commission nor any of its officers, agents, employees, consultants or advisors shall be subject to sections 9A, 45, 46 and 52 of chapter 30, chapter 31 or to chapter 200 of the acts of 1976.
(v) The Massachusetts cannabis commission shall be a commission for the purposes of section 3 of chapter 12.
Section 4. The commission shall have all powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the power to:
(1) appoint officers and hire employees;
(2) establish, and from time to time amend, a plan of organization that it considers expedient;
(3) execute all instruments necessary or convenient for accomplishing the purposes of this chapter;
(4) enter into agreements or other transactions with a person, including, but not limited to, a public entity or other governmental instrumentality or authority in connection with its powers and duties under this chapter;
(5) appear on its own behalf before boards, commissions, departments or other agencies of municipal, state or federal government;
(6) apply for and accept subventions, grants, loans, advances and contributions of money, property, labor or other things of value from any source, to be held, used and applied for its purposes;
(7) provide and pay for advisory services and technical assistance as may be necessary in its judgment to carry out this chapter and fix the compensation of persons providing such services or assistance; provided, however, that in exercising its authority under this clause, the commission may receive and approve applications from a municipality to provide for reasonable costs related to legal, financial and other professional services required for the negotiation and execution of host and surrounding community agreements as provided in section 15, and to require that such costs be paid by the applicant for a dispensary registration;
(8) prepare, publish and distribute, with or without charge as the commission may determine, such studies, reports, bulletins and other materials as the commission considers appropriate;
(9) assure that registrations shall not be issued to, or held by, and that there shall be no material involvement directly or indirectly with, a marijuana dispensary or the ownership thereof, by unqualified, disqualified or unsuitable persons or by persons whose operations are conducted in a manner not conforming with this chapter;
(10) require an applicant for a position which requires a registration under this chapter to apply for such registration and approve or disapprove any such application or other transactions, events and processes as provided in this chapter;
(11) require a person who has a business association of any kind with a registered dispensary operator or applicant to be qualified for registration under this chapter;
(12) develop criteria, in addition to those outlined in this chapter, to assess which applications for dispensary registrations will provide the most suitable, appropriate and safe access to the commonwealth and the region in which a dispensary is to be located;
(13) determine which applicants shall be awarded dispensary registrations in accordance with this chapter;
(14) deny an application or limit, condition, restrict, revoke or suspend a registration, finding of suitability or approval, or fine a person registered, found suitable or approved for any cause that the commission deems reasonable;
(15) monitor the conduct of registration holders and other persons having a material involvement, directly or indirectly, with a registration holder for the purpose of ensuring that licenses are not issued to or held by and that there is no direct or indirect material involvement with a registration holder, by an unqualified or unsuitable person or by a person whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places as provided in this chapter;
(16) gather facts and information applicable to the commission’s obligation to issue, suspend or revoke registrations for: (i) a violation of this chapter or any regulation adopted by the commission; (ii) willfully violating an order of the commission directed to a licensee; (iii) the conviction of a criminal offense; or (iv) the violation of any other offense which would disqualify such a registration holder from holding said registration;
(17) conduct investigations into the qualifications of all applicants for employment by the commission and by any regulated entity and all applicants for registration;
(18) request and receive from the state police, the criminal history systems board or other criminal justice agencies including, but not limited to, the Federal Bureau of Investigation and the Internal Revenue Service, such criminal offender record information relating to criminal and background investigations as necessary for the purpose of evaluating employees of, and applicants for employment by, the commission and any regulated entity, and evaluating registered dispensary operators and applicants for registration under this chapter;
(22) seize and remove from the premises of a dispensary and impound any equipment, supplies, documents and records for the purpose of examination and inspection;
(23) demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a dispensary whom the commission suspects is involved in the financing, operation or management of the dispensary; provided, however, that the inspection, examination, photocopying and audit may take place on the affiliate’s premises or elsewhere as practicable and in the presence of the affiliate or its agent;
(24) require that the books and financial or other records or statements of a dispensary operator be kept in a manner that the commission considers proper;
(25) levy and collect assessments, fees and fines and impose penalties and sanctions for a violation of this chapter or any regulations promulgated by the commission;
(26) collect taxes and fees under this chapter;
(27) restrict, suspend or revoke registrations issued under this chapter;
(28) conduct adjudicatory proceedings and promulgate regulations in accordance with chapter 30A;
(29) refer cases for criminal prosecution to the appropriate federal, state or local authorities;
(30) report suspected violations of this chapter or regulations to the Attorney General’s office for investigation;
(31) determine which municipalities are host communities of a proposed dispensary; provided, however, that in making such determination, the commission shall consider factors including, but not limited to, population, infrastructure, distance from the dispensary and political boundaries;
(32) maintain an official internet website for the commission;
(33) adopt, amend or repeal regulations for the implementation, administration and enforcement of this chapter;
(34) act as trustees for any marijuana-related trust funds;
Section 5. (a) The commission shall, in consultation with the department of public health, promulgate regulations for the implementation, administration and enforcement of this chapter including, but not limited to, regulations that:
(1) prescribe the method and form of application which an applicant for registration shall follow and complete before consideration by the commission;
(2) prescribe the information to be furnished by an applicant or dispensary operator concerning an applicant or operator’s antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present;
(3) prescribe the criteria for evaluation of the application for a dispensary registration including, with regard to the proposed dispensary, integration of the establishment into its surroundings, potential access to multi-modal means of transportation, level of capital investment committed, safety and security of the location and any associated grow facilities, financial strength of the applicant and the applicant’s financial plan;
(4) prescribe the information to be furnished by a dispensary relating to the operator’s dispensary employees;
(5) require fingerprinting of an applicant for a dispensary registration, a dispensary operator and employees of a dispensary or other methods of identification;
(6) prescribe the manner and method of collection and payment of assessments and fees and issuance of registrations;
(7) prescribe grounds and procedures for the revocation or suspension of a registration;
(8) require an annual audit prepared by a certified public accountant attesting to the financial condition of a dispensary operator and disclosing whether the accounts, records and control procedures examined are maintained by the operator as required by this chapter and the regulations promulgated by the commission;
(18) establish security procedures for ensuring the safety of employees and patrons on the premises of a dispensary.
(b) The commission may, pursuant to section 2 of chapter 30A, promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if such regulation is necessary to protect the interests of the commonwealth in regulating a dispensary.
Section 6. (a) The commission shall coordinate with municipal and state law enforcement to investigate violations of this chapter or the criminal laws of the Commonwealth of Massachusetts as the commission deems appropriate.
(b) The bureau shall notify the attorney general of criminal violations by a dispensary operator. The commission and the attorney general shall cooperate on the regulatory and criminal enforcement of this chapter and may determine whether to proceed with civil or criminal sanctions, or both, against a dispensary operator.
(c) To further effectuate the purposes of this chapter with respect to the investigation and enforcement of dispensaries and operators, the commission may obtain or provide pertinent information regarding applicants or licensees from or to law enforcement entities, the department of public health, and the commission, and may transmit such information to each other electronically.
Section 7. (a) The commission shall prescribe the form of the application for dispensary registrations which shall require, but not be limited to:
(1) the name of the applicant;
(2) the mailing address and, if a corporation, the name of the state under the laws of which it is incorporated, the location of its principal place of business and the names and addresses of its directors and stockholders;
(3) the identity of each person having a direct or indirect interest in the business and the nature of such interest; provided, however, that if the disclosed entity is a trust, the application shall disclose the names and addresses of all beneficiaries; provided further, that if the disclosed entity is a partnership, the application shall disclose the names and addresses of all partners, both general and limited; and provided further, that if the disclosed entity is a limited liability company, the application shall disclose the names and addresses of all members;
(4) an independent audit report of all financial activities and interests including, but not limited to, the disclosure of all contributions, donations, loans or any other financial transactions to or from a dispensary entity or operator in the past 5 years;
(5) clear and convincing evidence of financial stability including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed by government agencies and business and personal accounting check records and ledgers;
(6) information and documentation to demonstrate that the applicant has sufficient business ability and experience to create the likelihood of establishing and maintaining a dispensary;
(7) a full description of the proposed internal controls and security systems for the proposed dispensary and any related facilities;
(8) an agreement that the applicant shall mitigate the potential negative public health consequences associated with marijuana consumption and diversion, and the operation of a dispensary. The commission may consult with the department of public health and law enforcement agencies to identify appropriate mitigation.
(9) the designs for the proposed dispensary and any associated grow facilities, including the names and addresses of the architects, engineers and designers, and a timeline of construction or renovation if appropriate.
(10) the number of employees to be employed at the proposed dispensary, including detailed information on the pay rate and benefits for employees;
(11) completed studies and reports as required by the commission, which shall include, but not be limited to, an examination of the proposed dispensary’s: (i) effect upon populations who may seek medical marijuana; (ii) any local and regional social, environmental, traffic and infrastructure impacts; (iv) cost to the host community and surrounding communities and the commonwealth for the proposed dispensary to be located at the proposed location, including any increased public safety costs; and (v) the estimated municipal and state tax revenue to be generated by the dispensary; provided, however, that nothing contained in any such study or report shall preclude a municipality from seeking funding approval pursuant to clause (7) of section 4 for professional services to examine or evaluate a cost, benefit or other impact;
(12) the location of the proposed dispensary, which shall include the address, maps, book and page numbers from the appropriate registry of deeds, assessed value of the land at the time of application and ownership interests over the past 20 years, including all interests, options, agreements in property and demographic, geographic and environmental information and any other information requested by the commission;
(b) Applications for registrations shall be public records under section 10 of chapter 66; provided however, that trade secrets, competitively-sensitive or other proprietary information provided in the course of an application for a dispensary under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
Section 8. (a) Upon receipt of an application for a dispensary registration, the commission shall commence an investigation into the suitability of the applicant. In evaluating the suitability of the applicant, the commission shall consider the overall reputation of the applicant including, without limitation:
(1) the integrity, honesty, good character and reputation of the applicant;
(2) the financial stability, integrity and background of the applicant;
(3) the business practices and the business ability of the applicant to establish and maintain a dispensary;
(4) whether the applicant has a history of compliance with dispensary requirements in other jurisdictions;
(5) whether the applicant, at the time of application, is a defendant in litigation involving its business practices;
(6) the suitability of all parties in interest to the dispensary registration, including affiliates and close associates and the financial resources of the applicant; and
(7) whether the applicant is disqualified from receiving a license under section 16; provided, however, that in considering the rehabilitation of an applicant for a dispensary registration, the commission shall not automatically disqualify an applicant if the applicant affirmatively demonstrates, by clear and convincing evidence, that the applicant has financial responsibility, character, reputation, integrity and general fitness as such to warrant belief by the commission that the applicant will act honestly, fairly, soundly and efficiently as a dispensary operator.
(b) If the bureau determines during its investigation that an applicant has failed to: (i) establish the applicant’s integrity or the integrity of any affiliate, close associate, financial source or any person required to be qualified by the commission; (ii) demonstrate responsible business practices in any jurisdiction; or (iii) overcome any other reason, as determined by the commission, as to why it would be injurious to the interests of the commonwealth in awarding the applicant a dispensary registration, the bureau shall cease any further review and recommend that the commission deny the application.
(c) If the bureau has determined that an applicant is suitable to receive a dispensary registration, the bureau shall recommend that the commission commence a review of the applicant’s entire application.
Section 9. (a) An applicant for a dispensary registration, and any person required by the commission to be qualified for licensure, shall establish its individual qualifications for registration to the commission by clear and convincing evidence.
(b) An applicant, licensee, registrant or any other person who shall be qualified under this chapter shall have the continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission. Refusal to answer or produce information, evidence or testimony by an applicant, licensee, registrant or other person required to be qualified under this chapter may result in denial of the application or suspension or revocation of the registration by the commission.
(c) No applicant, licensee, registrant or person required to be qualified under this chapter shall willfully withhold information from, or knowingly give false or misleading information to, the commission. If the commission determines that an applicant, or a close associate of an applicant, has willfully provided false or misleading information, such applicant shall not be eligible to receive a registration under this chapter. Any licensee or other person required to be qualified for registration under this chapter who willfully provides false or misleading information shall have its registration conditioned, suspended or revoked by the commission.
Section 10. (a) The commission shall require anyone with a financial interest in a dispensary, or with a financial interest in the business of the dispensary or applicant for a dispensary registration or who is a close associate of a dispensary operator or an applicant for a dispensary registration, to be qualified for registration by meeting the criteria provided herein and to provide any other information that the commission may require.
(b) For each business that applies for a dispensary registration, the commission shall determine whether each officer and director of a corporation, other than a publicly-traded corporation, general partner and limited partner of a limited partnership, and member, transferee of a member’s interest in a limited liability company, director and manager of a limited liability company which holds or applies for a registration meets the standards for qualification of registration contained herein and, in the judgment of the commission, any of a business’s individual stockholders, lenders, holders of evidence of indebtedness, underwriters, close associates, executives, agents or employees.
(c) A person owning more than 5 per cent of the common stock of the applicant company, directly or indirectly, or a holding, intermediary or subsidiary company of an applicant company may be required to meet the qualifications for registration contained herein. The commission may waive the registration requirements for institutional investors holding up to 15 per cent of the stock of the applicant company or holding, intermediary or subsidiary company of the applicant company upon a showing by the person seeking the waiver that the applicant purchased the securities for investment purposes only and does not have any intention to influence or affect the affairs or operations of the applicant company or a holding, intermediary or subsidiary company of the applicant company. An institutional investor granted a waiver which subsequently determines to influence or affect the affairs or operations of the applicant company or a holding, intermediary or subsidiary company of the applicant company shall provide not less than 30 days notice to the commission of such intent and the commission shall ensure that the institutional investor meets the qualifications for registration before the institutional investor may take an action that may influence or affect the affairs of the applicant company or a holding, intermediary or subsidiary company of the applicant company. Any company holding over 15 per cent of the applicant company, or a holding, intermediary or subsidiary company of an applicant company, shall be required to meet the qualifications for registration.
(d) A person who is required to be qualified for registration under this section as a general or limited partner shall not serve as such a partner until that person obtains the required approval or waiver from the commission.
(e) The commission shall require any person involved in the financing of a dispensary or an applicant’s proposed dispensary to be qualified for registration and may allow such person to seek a waiver pursuant to the standards in subsection (c).
(f) A person required to be qualified for licensure shall apply for qualification within 30 days after taking a position with the business. A person who is required to be qualified for licensure pursuant to a decision of the commission shall apply for qualification within 30 days after that decision.
(g) If a corporation or other form of business organization applying for a dispensary registration is, or if a corporation or other form of business organization holding a dispensary registration is to become, a subsidiary, each holding company, intermediary company and other entity having an interest in the applicant shall be required to be qualified for registration.
(h) The commission shall require that a company or individual that can exercise control or provide direction to a dispensary or applicant for a dispensary registration or a holding, intermediary or subsidiary company of a dispensary registration or applicant for a dispensary registration be qualified for a registration; provided, however, that the commission may allow such person to seek a waiver under subsection (c).
(i) The bureau shall investigate each person required to be qualified for registration under this section and shall: (i) make a recommendation to the commission that the commission shall approve or deny the application for licensure; or (ii) extend the period for issuing a recommendation in order to obtain additional information necessary for a complete evaluation of the application for a license.
Section 11. The commission shall coordinate with the Department of Public Health to identify operational requirements that must be met by applicants for a registered dispensary and shall promulgate regulations that include, but are not limited to:
(1) Security policies and procedures, emergency procedures, workplace policies;
(2) Cultivation, acquisition, distribution, and disposal of marijuana;
(3) Handling, testing, and production of marijuana-infused products, including sanitation requirements;
(4) Storage, packaging and labeling of marijuana and marijuana-infused products;
(5) Procedure for dispensing marijuana to patients or personal caregivers;
(6) Inventory limits and the establishment of a real-time inventory system;
(7) Establishing dispensary agent training procedures, which must not be less than 8 hours of on-going annual training;
(8) Thorough record keeping procedures covering all operational aspects of the RMD
(9) Patient education materials covering marijuana usage, doses, strains, dependency, and abuse;
(10) Marketing and advertising requirements limiting the use of marijuana and related paraphernalia symbols and images, neon signage, and other forms of attention-grabbing advertisement;
(11) DPH and emergency responder access to registered marijuana dispensaries;
(12) Maintenance of both general liability insurance coverage and product liability insurance coverage for no less than $1,000,000 per occurrence and $2,000,000 in aggregate annually each with a deductible no higher than $5,000 per occurrence. If a registered marijuana dispensary is unable to obtain the minimum liability insurance coverage, the registered marijuana dispensary may place in escrow a sum no less than $250,000 to use for liability coverage.
Section 12. The commission must hold at least one public hearing in the host community of a proposed marijuana dispensary.
Section 13. The commission shall deny an application for a dispensary registration, if the applicant or an individual associated with the dispensary: (i) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; (ii) submitted an application for a license under this chapter that contains false or misleading information; (iii) committed prior acts which have not been prosecuted or in which the applicant was not convicted but form a pattern of misconduct that makes the applicant unsuitable for a registration under this chapter; or (iv) has affiliates or close associates that would not qualify for a registration or whose relationship with the applicant may pose an injurious threat to the interests of the commonwealth in awarding a dispensary registration to the applicant.
Budget Amendment ID: FY2015-S4-917-R1
Redraft EHS 917
Medical Marijuana Edibles Tax Clarification
Mr. Joyce moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended by inserting at the end thereof the following new sections:
SECTION __. Chapter 396 of the Acts of 2012, is hereby further amended by striking out “and thereby make this law revenue neutral.”
SECTION __. Chapter 369 of the Acts of 2012 is hereby amended by inserting at the end thereof the following new section:-
Section __. Any food or beverage that contains marijuana or marijuana derivatives shall not be exempt from the sales tax under Section 6 of Chapter 64H of the General Laws, and shall be subject to any applicable local option meals excise under Chapter 64L of the General Laws.
Budget Amendment ID: FY2015-S4-917.1
Further EHS 917.1
Medical Marijuana Edibles Tax Clarification
Mr. Keenan moved that the amendment be amended moved that the amendment be amended by inserting at the end the following new section:-
“SECTION __. Chapter 369 of the Acts of 2012 is hereby further amended by striking Section 11 and inserting in place thereof the following:-
“Section 11. Guarantee of Patient Access.
The Department shall additionally promulgate regulations to ensure adequate access to marijuana for medical purposes to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence.
Such regulations may include, but need not be limited to, requirements that a medical marijuana dispensary demonstrate the ability to provide a product at low cost or no cost to patients limited by financial hardship, and the ability to establish an adequate delivery system that enables all qualifying patients within the county of the treatment center’s registration, including those patients with physical limitations, to receive medical marijuana and related products by delivery to their homes.”
Budget Amendment ID: FY2015-S4-918
EHS 918
Youth Drug and Alcohol Awareness Campaign
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4512-0200, moved that the bill be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- “; and provided further, that not less than $15,000 shall be expended for a city wide youth drug and alcohol awareness campaign for the city of Marlborough”; and in said item, by striking the figure "$88,827,334" and inserting in place thereof the figures "$88, 842,334".
Budget Amendment ID: FY2015-S4-919
EHS 919
Post-Acute Care Hospital Rebate Amendment
Mr. Joyce, Ms. Spilka and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 4000-0700, moved that the bill be amended in section 2, in item 4000-0700, by inserting after the word “goals;” the following:
“and provided further, that effective October 1, 2014, the executive office shall update the chronic disease and rehabilitation hospitals inpatient per diem reimbursement rates using FY2011 operating and capital cost information for each hospital, in addition to other customary payment rate adjustments to chronic disease and rehabilitation inpatient hospital reimbursement methodologies.”
Budget Amendment ID: FY2015-S4-921-R1
Redraft EHS 921
Health Connector Bridge Coverage
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following section:-
“SECTION __. The executive office of health and human services, in consultation with the executive office for administration and finance and the Massachusetts Health Connector, shall report to the general court on the status of federal reimbursement to the commonwealth for temporary health insurance coverage extended to Massachusetts residents under the provisions of the federal Patient Protection and Affordable Care Act, Pub. L. 111-148 & 111-152.
Said report shall include, but not be limited to, the following: 1) the rate of reimbursement for federal participation for individuals determined eligible for and receiving temporary coverage subsidized in part or in whole by the commonwealth; 2) the rate of reimbursement for federal participation for those individuals receiving any temporary benefits from the state who, upon final processing of the application for said benefits, are deemed ineligible for state health insurance benefits; 3) information, including any correspondence or electronic communication, on the formal agreement between the commonwealth and the federal government as to the rates of reimbursement for federal participation for those individuals deemed eligible and those deemed ineligible for state benefits; 4) and the anticipated revenues related to reimbursement from the federal participation for fiscal years 2014 and 2015; 5) the current status of processing applications submitted pursuant to said federal act beginning on January 1, 2014 and 6) the impact on that any adjustments to the current processing system may have on the rate of approving or denying applications for state benefits and the associated impact any new system may have on the rate of federal participation.
Said report shall be filed with the clerks of the house and senate by no later than December 31, 2014.”
Budget Amendment ID: FY2015-S4-922-R1
Redraft EHS 922
Safeguarding Consumer Parity Rights
Messrs. Joyce, Rosenberg, Lewis, Rodrigues, Donnelly and Wolf, Ms. Lovely, Mr. Eldridge, Ms. Forry and Mr. Keenan moved that the proposed new text be amended moved that the bill be amended by inserting, after section 81 the following section:-
“SECTION 81A. Subsection (b) of section 24 of chapter 176O is hereby amended by adding the following sentence:- The decision on the appeal shall prominently provide information on the right to appeal the decision to the office of patient protection including, but not limited to: (i) contact information for the office of patient protection, (ii) a notice of a patient’s right to file a grievance with the office of patient protection and (iii) information on how to file a grievance with the office of patient protection.”; and
by inserting after section 122 the following 3 sections:-
“SECTION 122A. Notwithstanding any general or special law to the contrary, the office of patient protection shall report overturned or partially overturned behavioral health care denials to the division of insurance. The division of insurance shall review each reported denial to determine whether the denial constitutes a violation of the federal Mental Health Parity and Addiction Equity Act, section 511 of Public Law 110-343, and applicable state mental health parity laws, including but not limited to: section 22 of chapter 32A of the General Laws, section 47B of chapter 175 of the General Laws, section 8A of chapter 176A of the General Laws, section 4A of chapter 176B of the General Laws and sections 4, 4B and 4M of chapter 176G of the General Laws.
If the division finds evidence that a violation has occurred, including, but not limited to, a determination by the office of patient protection to overturn a healthcare denial, in full or in part, the division shall investigate pursuant to its powers under section 8K of chapter 26 of the General Laws.
If the division finds that a violation of the mental health and substance abuse parity laws has occurred, then the division shall levy a fine of not less than $25,000 per violation; provided, however, that if an insurer demonstrates a clear pattern or practice of violating the mental health and substance abuse parity laws, then the division shall levy an additional fine of not less than $100,000 per occurrence.
The office of patient protection and the division of insurance shall promulgate regulations to ensure the protection of patients’ information, which shall comply with 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2 and 45 C.F.R. § 164.512.
SECTION 122B. The office of patient protection shall post statistics regarding behavioral health reviews on their public website, which shall be broken down by insurer and plan.
SECTION 122C. The division of insurance shall post notices of adverse determinations involving behavioral health coverage against insurers on the division’s public website.”
Budget Amendment ID: FY2015-S4-923
EHS 923
Teen Empowerment
Ms. Jehlen, Ms. Forry, Messrs. Brownsberger, Donnelly and Petruccelli moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507, by inserting at the end thereof the following:-
"and provided further, that the department of public health shall award not less than $100,000 to the Center for Teen Empowerment, Inc.";
and by striking out the figure "$3,050,000" and inserting in place thereof the figure:-
"3,150,000".
Budget Amendment ID: FY2015-S4-924
EHS 924
Chronic Disease Care Coordination
Messrs. Richard T. Moore and Joyce moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new section:-
SECTION XX. Chapter 111 of the General Laws is hereby amended by inserting after section 78A the following section:
Section 78B.
(a) The commissioner, the commissioner of the department of mental health, the director of Medicaid, the executive director of the group insurance commission and the executive director of the health policy commission, in consultation with representatives of hospitals, long term care facilities, outpatient facilities, primary care providers, community health centers, community mental health centers, consumer representatives, patients with chronic conditions and any other representatives deemed necessary, shall, subject to appropriation, develop a plan: (1) to reduce the incidence of chronic disease, including, but not limited to, chronic cardiovascular disease, cancer, stroke, chronic lung disease, chronic obstructive pulmonary disease, diabetes, arthritis, chronic metabolic disease and mental illness; (2) to improve chronic care coordination in the commonwealth; and (3) for each type of health care facility and coordinated care organization including integrated care organizations, accountable care organizations, managed care organizations, and patient-centered medical homes to reduce the incidence and effects of chronic disease.
(b) At least 1 year after completion of the plan required in subsection (a), the commissioners and directors shall submit a bi-annual report to the governor, the chairs of the joint committee on public health, the chairs of the joint committee on mental health, the chairs of the joint committee on health care financing, and the clerks of the house and senate concerning chronic disease and implementation of said plan. The commissioners and directors shall make the report available on the departments’ web sites not later than 30 days after submitting the report. The report shall include, but is not limited to: (1) a description of the chronic diseases that are most likely to cause a person's death or disability, the approximate number of persons affected by each chronic disease and an assessment of the financial effect of each disease on the commonwealth and on hospitals and other health care facilities; (2) a description and assessment of programs and actions that have been implemented by the departments or hospitals and other health care facilities to improve chronic care coordination and prevent disease; (3) the source and amount of funding received by the departments to treat persons with multiple chronic conditions and to treat or reduce the most prevalent chronic diseases in the state; (4) a description of chronic care coordination between the departments and hospitals and other health care facilities and among health care facilities to prevent and treat chronic disease; (5) detailed recommendations concerning actions to be taken by integrated care organizations, accountable care organizations, managed care organizations, patient-centered medical homes, hospitals and other health care facilities to reduce the effects of the most prevalent chronic diseases, including recommendations concerning: (i) ways to reduce hospital readmission rates, (ii) transitional care plans, (iii) drug therapy monitoring, (iv) collaborative drug therapy management, (v) comprehensive medication management as defined in section 3503(c) of the Affordable Care Act, section 935 of 42 U.S.C. 299b–35(c), to help patients with multiple chronic conditions achieve clinical and patient goals of therapy and improve clinical outcomes, (vi) adoption of quality standards that are publicly reported evidence-based measures endorsed through a multi-stakeholder process such as the National Quality Forum and (vii) patient self-management training; (6) identification of anticipated results from a hospital or other health care facility's implementation of the recommendations described in clause (5) of this subsection; (7) identification of goals for coordinating care and reducing the incidence of persons having multiple chronic conditions; and (8) an estimate of costs and other resources necessary to implement the recommendations described in clause (5) of this subsection.
Budget Amendment ID: FY2015-S4-925
EHS 925
Food Labeling
Mr. Richard T. Moore and Ms. Spilka moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new section:-
SECTION XX. Notwithstanding any general or special law to the contrary, the department of public health shall implement a food labeling program for commercially caught, landed and sold saltwater fish including but not limited to: tuna, mackerel, swordfish, grouper, striped bass and bluefish. The label shall provide the consumer with information concerning the safety and risk factors of consumption of the fish based on toxin levels in the fish and their hazards to human health, in particular the health of young children, women of child-bearing age and pregnant women.
Budget Amendment ID: FY2015-S4-926
EHS 926
Domestic Violence and Sexual Assault Services
Mr. Eldridge, Ms. Creem, Mr. Donnelly, Ms. Forry, Messrs. DiDomenico, Brownsberger, Michael O. Moore, Finegold, Lewis and Barrett moved that the proposed new text be amended in section 2, in item 4513-1130, moved that the bill be amended in section 2, in item 4513-1130, by inserting at the end thereof the following:- "; and provided further, that funds shall be expended for the public health model of community engagement and intervention services for crisis housing for sexual violence and intimate partner violence in the lesbian, gay, bisexual, transgender, and questioning communities"; and by striking out the figures "$5,752,078"; and inserting in place thereof the figures: "$7,350,000"
Budget Amendment ID: FY2015-S4-928
EHS 928
Inspection of Health Connector Website
Messrs. Tarr, Hedlund, Ross and Humason moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-
“SECTION __. Notwithstanding or general or special law to the contrary, the inspector general shall conduct a review and provide the legislature with a report by December 31, 2014 outlining the financial impact of the failed health connector website. The review shall include a cost analysis of state funds expended for temporary coverage, including those funds that would have been reimbursed by the federal government had the Connector website been properly functioning. Further, the inspector general shall investigate all means of recouping such funds, including any legal and cost effective means of collecting funds under the commonwealth’s contract with third-party vendors. The inspector general shall provide a report of its findings to the clerks of the house of representatives and senate, and the joint committee on health care financing.”
Budget Amendment ID: FY2015-S4-929
EHS 929
Telehealth
Messrs. Richard T. Moore and Downing moved that the proposed new text be amended in section 2, in item 4000-0300, moved that the bill be amended in section 2, in item 4000-0300, by adding at the end thereof the following:- "; provided further, that for purposes of long-term health care cost savings and enhanced patient care, the commonwealth shall recognize telehealth remote patient monitoring provided by home health agencies as a service to clients otherwise reimbursable through Medicaid".
Budget Amendment ID: FY2015-S4-931-R1
Redraft EHS 931
Inpatient Hospice Programs
Mr. Richard T. Moore, Ms. Lovely, Ms. Jehlen, Mr. McGee, Ms. Creem and Mr. Barrett moved that the proposed new text be amended move to amend the bill by inserting, after section 59, the following section:-
“SECTION 59A. Section 57D of chapter 111 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The department shall issue for a term of 2 years and renew for a like term a license to maintain a hospice program to any organization it considers responsible and suitable to maintain such a program. Hospice program licensees shall be subject to suspension, revocation or refusal to renew for cause. The department shall determine the initial fee and renewal cost of the license. Prior to issuing a new license, the department shall review: (i) the number of inpatient hospice facilities within the applying licensee’s proposed regional area operating under this section and (ii) make a determination as to whether the proposed geographic region has a demonstrated need for the inpatient hospice program proposed by the applying licensee. The department shall not approve an application for an inpatient hospice program unless the department has established that the geographical region where the proposed inpatient hospice program is located has a demonstrated need for the inpatient hospice program.”.
Budget Amendment ID: FY2015-S4-933
EHS 933
DME Reuse
Mr. Kennedy, Ms. Creem, Mr. Welch, Ms. Lovely and Mr. Tarr moved that the proposed new text be amended in section 2, in item 4120-4000, moved that the bill be amended in section 2, in item 4120-4000, by adding the following:-
“provided further, that $500,000.00 be expended for a DME reuse program to be administered by the State AT Act Program, MassMATCH, within the Massachusetts Rehabilitation Commission.
and striking out the figure "$8,933,598" and inserting in place thereof the following figure:- "$9,433,598"."
SENATE . . . . . . . . . . . . . . No. 2204
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The Commonwealth of Massachusetts
_______________
In the Year Two Thousand Fourteen
_______________
moved that the bill be amended moved that the bill be amended by inserting, after section xx, the following new sections:-
SECTION XX. Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following definition:-
“Medication Order”, an order for medication entered on a patient's medical record maintained at a hospital, other health facility, or ambulatory health care setting and is dispensed for immediate administration to the ultimate user by an individual who under chapter 94C administers such medication. Where this chapter requires a prescription, a "Medication Order" shall satisfy such requirement for all purposes.
SECTION XX. Said section 1 of said chapter 94C, as so appearing, is hereby further amended by adding the following 2 subsections to the definition of “practitioner”:-
“(d) A nurse practitioner authorized by section 80I of chapter 112 and registered pursuant to subsection (f) of section 7 to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth.
(e) A nurse anesthetist authorized by section 80H of chapter 112 and registered pursuant to subsection (f) of section 7 to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth.”
SECTION XX. Subsection (d) of section 7 of said chapter 94C, as so appearing, is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-
“(4) under the supervision of a practitioner as defined in section 1, a registered nurse or licensed practical nurse or a licensed dental hygienist when the licensed dental hygienist is administering local anesthesia agents;”
SECTION XX. Said subsection (d) of said section 7 of said chapter 94C, as so appearing, is hereby further amended by striking out paragraph (7) and inserting in place thereof the following paragraph:-
“(7) any person covered by clauses (a), (b), (c) and (e) of section eighty B of chapter one hundred and twelve when any such person is acting under the supervision of a practitioner;”
SECTION XX. Said section 7 of said chapter 94C, as so appearing, is hereby further amended by adding in lines 115 and 118 after the word “podiatrist,” the following words:- “nurse practitioner, nurse anesthetist”
SECTION XX. Said section 7 of said chapter 94C, as so appearing, is hereby further amended in subsection (g) by striking out in line 129 the words “of nurse practitioners and for”
SECTION XX. Said section 7 of said chapter 94C, as so appearing, is hereby further amended by striking out in line 138 the words: “nurse practitioners and”
SECTION XX. Subsection (g) of said section 7 of said chapter 94C, as so appearing, is hereby amended by striking out the last paragraph.
SECTION XX. Section 9 of said chapter 94C, as so appearing, is hereby amended by inserting in line 1 after the word “podiatrist,” the following words:- “nurse practitioner, nurse anesthetist,”
SECTION XX. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in line 3 by striking out the words “nurse practitioner and” and in lines 7 and 8 by striking the words “nurse anesthetist, as limited by subsection (g) of said section 7 and section 80H of said chapter 112,”
SECTION XX. Said section 9 of said chapter 94C, as so appearing, is hereby further amended by inserting in line 27 after the words “nurse-midwifery,” the following words:- “advanced practice nursing”
SECTION XX. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in lines 91 and 98 by adding after the words “nurse practitioner,” the following words:- “nurse anesthetist”
SECTION XX. Section 18 of said chapter 94C, as so appearing, is hereby amended in lines 10, 26 and 52 by adding after the words “to practice medicine” the following words:- “or advanced practice nursing”
SECTION XX. Said section 18 of chapter 94C, as so appearing, is hereby further amended in line 24 by adding after the words “said physician” the following words:- “, nurse practitioner or nurse anesthetist”
SECTION XX. Said section 18 of chapter 94C, as so appearing, is hereby further amended in line 38 by adding after the words “practice medicine” the following words:- “, a nurse practitioner who is licensed to practice advanced practice nursing or a nurse anesthetist who is licensed to practice advanced practice nursing”
SECTION XX. Section 80B of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-
“Advanced practice nursing regulations which govern the provision of advanced practice nursing services and related care, including but not limited to the ordering and interpreting of tests and the ordering of treatment and therapeutics and any registration as a practitioner under chapter 94C, shall be promulgated by the board.”
SECTION XX. Said section 80B of chapter 112, as so appearing, is hereby further amended by striking out in lines 50 and 51 the following words:- “in the ordering of tests, therapeutics and the prescribing of medications,”
SECTION XX. Said Section 80B of chapter 112, as so appearing, is hereby further amended by deleting the last paragraph and inserting in place thereof the following paragraph:-
“Neither "professional nursing'' nor "practical nursing'' shall mean or be construed to prevent: (a) the gratuitous care of any ill, injured or infirm person by any member of his family or any friend, or his care by any person employed primarily as a companion, housekeeper, domestic servant or nursemaid; (b) the performance of any nursing service in an emergency; (c) the performance, of any student enrolled in a school for nurses or practical nurses duly approved in accordance with this chapter, of any nursing service incidental to any prescribed course in such school; (d) the performance of services incidental to the practice of the religious tenets of any church by any member thereof; (e) the performance of nursing service by a person authorized to practice nursing under section seventy-six A, subject to the provisions of said section; or (f) the performance of services by physicians, dentists, pharmacists, teachers, health educators, social workers, dieticians, therapists, technicians, and medical students which are commonly recognized to be functions of their respective callings; or (g) the performance of any nursing service for any patient in a convalescent or nursing home or rest home, by any person employed in such home, provided that such nursing service is performed under the supervision of a registered nurse or licensed practical nurse.”
SECTION XX. Section 80E of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out in lines 1 and 7 the following words:- “nurse practitioner or”
SECTION XX. Chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the Section 80H and inserting in place thereof the following section:-
Section 80H. Pursuant to section 80B, a nurse anesthetist may be registered to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth in accordance with regulations promulgated by the board of registration in nursing after consultation with the department of public health.
SECTION XX. Section 211 of said chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended in line 31 by inserting after the word “physician” the following words:- “or nurse anesthetist”
SECTION XX. Said section 211 of said chapter 112, as so appearing, is hereby further amended in line 33 by adding after the word “anesthesiologist” the following words:- “or nurse anesthetist”
SECTION XX. Section 80I of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, as inserted by section 113 of chapter 224 of the acts of 2012, is hereby amended by striking out the second and third sentence and inserting in place thereof the following sentence:- “Pursuant to section 80B, a nurse practitioner may be registered to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth in accordance with regulations promulgated by the board of registration in nursing after consultation with the department of public health.”.
Budget Amendment ID: FY2015-S4-936
EHS 936
State Trauma Registry
Mr. Richard T. Moore and Ms. Creem moved that the proposed new text be amended in section 2, in item 4510-0712, moved that the bill be amended in section 2, in item 4510-0712, by adding at the end thereof the following:- "; provided further, that not less than $150,000 shall be expended for the hiring of 2 positions, 1 full-time data registrar and 1 part-time data anaylst in the office of emergency medical services"; and in said item, by striking out the figures "$2,481,081" and inserting in place thereof the figures "$2,631,081".
Budget Amendment ID: FY2015-S4-938-R1
Redraft EHS 938
Down Syndrome Congress
Messrs. Richard T. Moore, Michael O. Moore, Rodrigues and Barrett moved that the proposed new text be amended in section 2, in item 5911-1003, moved that the bill be amended in section 2, in item 5911-1003, by adding at the end thereof the following:- "; and provided further, that no less than the amount appropriated in this item in Chapter 139 of the acts of 2012 shall be expended for the Massachusetts Down Syndrome Congress;" and
in section 2, in said item 5911-1003, by striking out the figure “64,962,455” and inserting in place thereof the following figure:- “65,062,455”.
Budget Amendment ID: FY2015-S4-939
EHS 939
Centro Las Americas
Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 7003-1206, moved that the bill be amended in section 2, in item 7003-1206, by adding at the end thereof the following:- "; provided further, that not less than $100,000 shall be expended for community outreach and education efforts to the Hispanic senior citizens of the town of Southbridge"; and in said item, by striking out the figures "$750,000" and inserting in place thereof the figures "$850,000".
Budget Amendment ID: FY2015-S4-940-R1
Redraft EHS 940
Safe and Successful Youth Initiative
Ms. Chang-Diaz, Mr. DiDomenico, Ms. Candaras, Ms. Donoghue, Messrs. Brownsberger and Donnelly, Ms. Forry, Messrs. Michael O. Moore, Rodrigues, Welch, Wolf, Montigny and Finegold, Ms. Creem and Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4000-0005, moved that the bill be amended in section 2, in item 4000-0005, by striking the figure “4,000,000” and inserting in place thereof the following figure:- “5,000,000”.
Budget Amendment ID: FY2015-S4-941
EHS 941
Geographically Isolated Hospitals
Mr. Richard T. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new sections:-
SECTION X. Section 13F of chapter 118E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking subsection (a) and inserting in place thereof the following subsection:-
“(a) For disproportionate share hospitals, the executive office shall establish rates that equal the financial requirements of providing care to recipients of medical assistance, and further, the executive office shall classify as disproportionate share any geographically isolated hospital pursuant to chapter 224 of the acts of 2012 that provides inpatient and outpatient mental health services.”
SECTION X. Section 11 of chapter 176J of the General Laws, as so appearing is hereby amended by striking subsection (e) and inserting in place thereof the following subsection:-
“(e) In determining network adequacy under this section the commissioner of insurance may take into consideration factors such as the location of providers participating in the plan and employers or members that enroll in the plan, the range of services provided by providers in the plan and plan benefits that recognize and provide for extraordinary medical needs of members that may not be adequately dealt with by the providers within the plan network; and further, when calculating the tiering methodology for tiered network plans, the commissioner shall classify in the best tier any non–profit geographically isolated hospitals with a relative price as calculated by the center for health information and analysis of not greater than 1.1, and further, shall require any such hospital be an accepted provider in limited network products sold to members or employees who live or work in said hospital’s primary and secondary service area.”.
Budget Amendment ID: FY2015-S4-942
EHS 942
Observation Services
Mr. Richard T. Moore and Ms. Creem moved that the proposed new text be amended moved that the bill be amended by inserting, after section xx, the following new sections:-
SECTION X. Section 12 of chapter 118E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The division and its contractors shall classify a medical assistant recipient as requiring or receiving observation services based on the medical judgment of the treating health care provider after due consideration of the recipient’s initial presenting signs and symptoms. If the treating health care provider anticipates greater than 48 hours diagnostic assessment, the recipient shall be deemed admitted to the facility as an inpatient. The division and its contractors shall provide the health care provider an opportunity to seek reconsideration of an adverse determination from a clinical peer reviewer should the division or its contractors seek to retroactively reclassify the recipient from an approved inpatient authorization to observation, for either a portion or the entire stay, based upon the division’s clinical review criteria.
SECTION X. Section 12 of chapter 176O, as so appearing, is further amended by inserting the following new subsection:
(g) The carrier and its contractors shall classify an insured as requiring or receiving observation services based on the medical judgment of the treating health care provider after due consideration of the insured’s initial presenting signs and symptoms. If the treating health care provider anticipates greater than 48 hours diagnostic assessment, the insured shall be deemed admitted to the facility as an inpatient. The carrier and its contractors shall provide the health care provider an opportunity to seek reconsideration of an adverse determination from a clinical peer reviewer should the carrier or its contractors seek to retroactively reclassify the insured from an approved inpatient authorization to observation, for either a portion or the entire stay, based upon the carrier’s clinical review criteria.
SECTION X. Notwithstanding the provisions of section 245 of chapter 224 of the acts of 2012, the executive office of health and human services shall seek from the secretary of the United States Department of Health and Human Services a statewide waiver from the Medicare requirement set forth in 42 U.S.C. §1395x(i) that an admission to a skilled nursing facility be preceded by a 3-day inpatient hospital stay. The secretary shall report within 90 days to the clerks of the house and senate, the joint committee on health care financing and the house and senate committees on ways and means on the status of the waiver sought under this section.
Budget Amendment ID: FY2015-S4-943
EHS 943
Milford Youth Center
Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 4590-1507, moved that the bill be amended in section 2, in item 4590-1507, by inserting at the end thereof the following:- "; provided further that the department shall award not less than $50,000 to the Milford Youth Center"; and in said item, by striking out the figures "$3,050,000" and inserting in place thereof the figures "$3,100,000".
Budget Amendment ID: FY2015-S4-944-R2
2nd Redraft EHS 944
Down Syndrome Clinic
Mr. Richard T. Moore moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 4510-3008 the following item:-
"4510-xxxx For a grant to establish a Massachusetts Down Syndrome Clinic based on the patient centered medical home concept at the UMass Memorial Children’s Medical Center..........................................................................$150,000".
Budget Amendment ID: FY2015-S4-945-R1
Redraft EHS 945
Hospital Essential Services
Messrs. McGee and Tarr moved that the proposed new text be amended moved that the bill be amended inserting, after section ____, the following new section:-
“SECTION 104A. There shall be a task force to investigate the causes of and the effects of the discontinuation of essential health services by hospitals and existing administrative procedures for the discontinuations under chapter 111 of the General Laws. The task force shall be composed of: the secretary of health and human services or a designee, who shall serve as chair, the commissioner of public health or a designee, the the executive director of the center for health information and analysis or a designee, the attorney general or a designee, the secretary of labor and workforce development or a designee and the executive director of the health policy commission or a designee.
The task force shall: (i) review recent discontinuations of essential health services by hospitals; (ii) review recent hospital closures; (iii) review methods implemented in other states to discourage and to manage the discontinuation of essential health services by hospitals and hospital closures; and (iv) review methods implemented in other states to ensure continued access to essential health services by communities affected by a discontinuation of an essential health service or a hospital closure.
The task force shall provide recommendations on ways to: (i) improve the notification processes when a hospital intends to discontinue an essential health service or cease operations; (ii) ensure that communities in the affected service area have access to alternative providers for discontinued essential health services; (iii) ensure uniform reporting of hospital costs and financial conditions across state agencies to better identify hospitals in distress that are on the verge of closing or discontinuing an essential health service; and (iv) impose penalties through the department of public health to hospitals who discontinue an essential health service prior to receiving approval by the department.
The task force shall file a report of its findings and recommendations for legislation, if any, with the clerks of the senate and house of representatives, who shall forward them to the house and senate chairs of the joint committee on health care financing, the house and senate chairs of the joint committee on public health and the house and senate committees on ways and means, not later than January 31, 2015.”
Budget Amendment ID: FY2015-S4-946
EHS 946
Sheltered workshops
Messrs. Humason, Tarr and Welch moved that the proposed new text be amended in section 2, in item 5920-2025, moved that the bill be amended in section 2, in item 5920-2025, by adding at the end thereof the following: “, and provided further, that the department shall not reduce the availability or decrease funding for sheltered workshops serving persons with disabilities who voluntarily seek or wish to retain such employment services”
Budget Amendment ID: FY2015-S4-947
EHS 947
Small Group Eligibility
Messrs. Tarr, Hedlund and Ross moved that the proposed new text be amended moved that the bill be amended moved that the bill be amended by inserting, after section ___,the following new section:-
"SECTION__. Section 1 of Chapter 176Q as appearing in the 2012 Official Edition is hereby amended in line 49 by striking the number "50" and inserting in place thereof the following number:- "75"
Budget Amendment ID: FY2015-S4-948
EHS 948
Suicide Prevention
Ms. Creem and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4513-1026, moved that the bill be amended in section 2, in item 4513-1026, by inserting after the words "Department of Elder Affairs" the following new words:- "; and provided further, that no less than $250,000 shall be expended for a grant program to address youth suicide and suicide behavior", and by striking the figures "$3,866,719" and inserting in place thereof the figures:- "$4,116,719"