Budget Amendment ID: FY2016-S3-700-R1

Redraft EHS 700

Social Workers' Disclosure

Messrs. DiDomenico and Tarr and Ms. Forry moved that the proposed new text be amended by inserting after section 53 the following section:-

“SECTION 53A. Chapter 233 of the General Laws is hereby amended by inserting after section 20M the following section:-

Section 20N. (a) No court shall permit or require the disclosure of the home address or personal telephone number of a social worker employed by the department of children and families, and no witness shall be required to disclose such social worker’s home address or personal telephone number in any court proceeding or in any proceeding preliminary thereto or in any documents filed with the court, except as otherwise ordered by the court, for good cause shown; provided, however, that an order of the court shall include, if possible, conditions to limit the disclosure of any such address or phone number so as to protect the privacy and safety of the social worker.

(b) Service of process, summons or subpoena upon a department of children and families social worker in any court proceeding and in any proceeding preliminary thereto, shall be made upon the agency employing the social worker and in accordance with the Massachusetts Rules of Civil Procedure or the Massachusetts Rules of Criminal Procedure governing any such service of process, summons or subpoena. For the purpose of making such service, the employing agency, upon request, shall certify to the summoning party the name and work address of any such social worker as disclosed by its records, and a summoning party may serve the social worker at the work address so certified.”


Budget Amendment ID: FY2016-S3-701

EHS 701

CPR in Schools

Messrs. Rush, deMacedo and Welch, Ms. Gobi and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4590-0250, by inserting 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 “$12,085,974” and inserting in place thereof the figures “$12,435,974"


Budget Amendment ID: FY2016-S3-702

EHS 702

DCF Social Worker Home Address Confidentiality

Mr. Tarr, Ms. Flanagan, Messrs. Ross, deMacedo, Fattman, Humason and Pacheco moved that the proposed new text be amended by inserting, after section ___, the following new section:-“SECTION XX. Chapter 233 of the General Laws is hereby amended by inserting after section 20M the following section:- Section 20N. (a) No court shall permit or require, and no social worker employed by the department of children and families, or any other witness shall be required, to disclose such social workers home address or home telephone number in any court proceeding or in any proceeding preliminary thereto or in any documents filed with the court, except as otherwise ordered by the court; provided, that said order of the court includes conditions to limit the disclosure of such address or phone number so as to protect the privacy and safety of the social worker. (b) Service of process, summons or subpoena upon a department of children and families social worker in any court proceeding and in any proceeding preliminary thereto, shall be made upon the agency employing such social worker and in accordance with the Massachusetts Rules of Civil or Criminal Procedure governing any service of process. For the purpose of such service the employing agency, upon request, shall certify to the summoning party the name and work address of any such social worker as disclosed by its records, and service upon parties at a work address so certified shall be sufficient.”


Budget Amendment ID: FY2016-S3-703-R1

Redraft EHS 703

Cape & Islands Veterans Outreach Center

Messrs. Wolf and deMacedo moved that the proposed new text be amended in section 2, in item 1410-0012, by adding the following: "; provided that not less than $50,000 shall be expended to the Cape & Islands Veterans Outreach Center for the purpose of the Grace Veterans Program based in cognitive processing therapy with a holistic and wellness approach"; and in said item by striking out the figures "$3,073,641" and inserting in place thereof the figures "$3,123,641".


Budget Amendment ID: FY2016-S3-704-R1

Redraft EHS 704

Health and Human Services on the Islands

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


Budget Amendment ID: FY2016-S3-705

EHS 705

Center of Hope Developmental Services

Ms. Gobi and Mr. Fattman moved that the proposed new text be amended in section 2, in item 5920-2000, by adding the following:

 

“; provided that not less than $60,000 be expended for the Center of Hope Foundation in the Town of Southbridge.”.


Budget Amendment ID: FY2016-S3-706

EHS 706

State Public Health Lab Improvements

Messrs. Keenan, McGee and Lewis and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4516-1000, by inserting at the end thereof the following:-  “; and provided further, that the department of public health and the division of capital asset management and maintenance shall complete the planning study on the feasibility of a new state public health laboratory, as such study is described in chapter 165 of the acts of 2014, and shall file a copy of this report not later than December 1st 2015 with the house and senate committees on ways and means, and the house and senate committees on bonding, capital expenditures and state assets”


Budget Amendment ID: FY2016-S3-707-R1

Redraft EHS 707

Management of the health care connector

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

“SECTION __.  Section 2 of chapter 176Q of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking subsection (b) in its entirety and replacing it with the following:-

(b) There shall be a board, with duties and powers established by this chapter, which shall govern the connector. The connector board shall consist of 13 members: the secretary for health and human services, or a designee, who shall serve as chairperson; the director of Medicaid or a designee; the commissioner of insurance or a designee; the executive director of the group insurance commission; 6 members appointed by the governor, 1 of whom shall be a member in good standing of the American Academy of Actuaries, 1 of whom shall be a health economist, 1 of whom shall represent the interests of small businesses, 2 of whom shall be from organizations representing employers, and 1 of whom shall be a member of the Massachusetts chapter of the National Association of Health Underwriters; and 3 members appointed by the attorney general, 1 of whom shall be an employee health benefits plan specialist, 1 of whom shall be a representative of a health consumer organization and 1 of whom shall be a representative of organized labor. No appointee shall be an employee of any licensed carrier authorized to do business in the commonwealth. All appointments shall serve a term of 3 years, but a person appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the board shall be eligible for reappointment. The board shall annually elect 1 of its members to serve as vice-chairperson.”


Budget Amendment ID: FY2016-S3-708

EHS 708

Head Start

Mr. Keenan, Ms. Lovely, Messrs. Lesser and Lewis, Mrs. L'Italien and Ms. Forry moved that the proposed new text be amended in section 2, in item 3000-5000, by striking out the figure "9,100,000" and inserting in place thereof the following figure:- "10,100,000".


Budget Amendment ID: FY2016-S3-709

EHS 709

Transparency with the Health Connector Board

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended by inserting after section ___ the following new section:-

“SECTION __.  Chapter 176Q, as so appearing, is hereby amended by inserting after section 18 the following two new sections:-

176Q:19 Health Connector Transparency

Section 19. The connector shall be subject to the open meeting law as established under G.L.c. 30A, §§18-25 and subject to public records request as established under G.L.c. 66. A public record for purposes of this section shall include but not be limited to board votes, meeting minutes, financial records, contract, and staff salaries. This information shall also be made publicly available on the website of the connector.

176Q:20 Return on Investment

Section 20. The secretary of administration and finance shall on an annual basis review and evaluate the return on investments made by the connector. Said review and evaluation along with any recommendations shall be filed with the clerks of the house and senate, the house and senate committee on ways, and joint committee on health care financing no later than December 31 annually.”


Budget Amendment ID: FY2016-S3-710

EHS 710

Katie Brown Educational Program

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 4513-1130, inserting at the end thereof 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 figures "$5,827,078" and inserting in place thereof the figures "$5,902,078".


Budget Amendment ID: FY2016-S3-711

EHS 711

Domestic Violence Shelters and Support Services

Messrs. Keenan, Moore and Lewis moved that the proposed new text be amended in section 2, in item 4800-1400, by striking out the figure "$24,298,905" and inserting in place thereof the figure:- “$28,000,000”


Budget Amendment ID: FY2016-S3-712

EHS 712

Montachusett Veterans Outreach Center Gardner

Ms. Flanagan and Ms. Gobi moved that the proposed new text be amended in section 2, in item 1410-0012, By adding at the end thereof the following: “provided that no less than $124,000 be provided for the operation of the Montachusett Veterans Outreach Center women’s housing program in Gardner"; and in said item by striking out the figures “$3,073,641" and inserting in place thereof the figures “3,197,641”


Budget Amendment ID: FY2016-S3-713

EHS 713

New Patriots Veterans Outreach Center Fitchburg

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 1410-0012, By adding at the end thereof the following: “provided that not less than $10,000 shall be expended to the New Patriots Veterans Outreach Center, Inc. in the City of Fitchburg for the purpose of updating the Center to be more handicap accessible"; and in said item by striking out the figures " $3,073,641" and inserting in place thereof the figures "3,083,641"


Budget Amendment ID: FY2016-S3-714

EHS 714

Veteran Homestead Fitchburg

Ms. Flanagan moved that the proposed new text be amended By adding at the end thereof the following: "provided further that not less than $300,000 shall be expended Veteran Homestead, Inc. in the City of Fitchburg for services to medically fragile and terminally ill elderly veterans; and provided further that veteran homeless service centers shall receive a 5% increase in funding over the funds received in fiscal year 2015”; and in said item, by striking out the figures “$3,111,629” and inserting in place thereof the figures “3,411,629”


Budget Amendment ID: FY2016-S3-715

EHS 715

Telemedicine Pilot Program

Ms. Flanagan, Mr. Tarr, Ms. Gobi and Mr. Lewis moved that the proposed new text be amended By inserting, after section ____, the following new section: -

SECTION ____. Chapter 6D of the General Laws is hereby amended by adding the following section:-

Section 19. (a) The health policy commission shall implement a one-year regional pilot program to further the development and utilization of telemedicine in the commonwealth.  The program shall (i) take into consideration the previously established regions used in prior health policy commission analyses; (ii) incentivize the use of community-based providers and the delivery of patient care in a community setting; and (iii) facilitate collaboration between participating community providers and teaching hospitals.  The commission shall consider existing federal and state regulations in the development of the program.  The commission may direct no more than $500,000 from the distressed hospital trust fund, established in section 2GGGG of chapter 29 of the General Laws, to fund the implementation of the pilot program.

(b) At the conclusion of the pilot program, the commission shall evaluate the success of the program, including but not limited to: (i) cost savings; (ii) patient satisfaction; (iii) patient flow; (iv) and quality of care.  The commission shall make appropriate policy recommendations to the legislature based on their findings.


Budget Amendment ID: FY2016-S3-716

EHS 716

Sterling Senior Center

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 9110-9002, By adding at the end thereof the following: “provided that not less than $65,000 be expended for the Sterling Senior Center”; and in said item, by striking out the figures “$11,500,000” and inserting in place thereof the figures “11,565,000”


Budget Amendment ID: FY2016-S3-717

EHS 717

Assistance Dogs for Veterans

Ms. Flanagan and Ms. Gobi moved that the proposed new text be amended in section 2, in item 1410-0010, By adding at the end thereof the following: “provided that not less than $85,000 be expended for the NEADS Assistance Dogs for Veterans program to train assistance dogs for veterans”; and in said item, by striking out the figures “$3,389,287” and inserting in place thereof the figures “3,474,287”


Budget Amendment ID: FY2016-S3-718

EHS 718

Juvenile Court Clinics

Ms. Flanagan, Mr. Rodrigues and Ms. Donoghue moved that the proposed new text 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: FY2016-S3-719-R1

Redraft EHS 719

Braintree Department of Elder Affairs Improvements

Messrs. Keenan and Joyce moved that the proposed new text be amended in section 2, in item 9110-9002, by adding at the end thereof the following:-

“; and provided further, that not less than $200,000 shall be expended to the town of Braintree for improvements and expansion of the Department of Elder Affairs”, and in said item by striking out the figure “$11,500,000” and inserting in place thereof the following figure:- “$11,700,000”.


Budget Amendment ID: FY2016-S3-720

EHS 720

Arlington Youth Counseling Center

Mr. Donnelly moved that the proposed new text 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 “$86,884,610” and inserting in place thereof the figures “$87,034,610”


Budget Amendment ID: FY2016-S3-721-R1

Redraft EHS 721

DDS Service Eligibility

Messrs. Keenan and Timilty moved that the proposed new text be amended by inserting after section 45 the following section:-

“SECTION 45A. Chapter 123B of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. If the department intends to deny a person applying for services, the department shall notify that applicant not less than 45 days prior to making a final determination.  The department shall provide a description of the reasons the department intends to deny the services and shall advise the applicant of the opportunity to request the department to conduct further evaluations. Further evaluations shall include, but not be limited to: (i) an additional in-person interview; (ii) school or work observation conducted by the department; and (iii) testimony from non-guardianship teachers or supervisors.

No final determination to deny services shall be based solely on intelligence quotient testing or educational testing.

The further evaluation shall be considered before a denial of disability services is finalized."


Budget Amendment ID: FY2016-S3-722

EHS 722

Gold Star Annuity

Messrs. Keenan and Tarr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 1410-0400, by striking out the figure “$77,151,193“ and inserting in place thereof the following:- “$83,001,193”

and that the bill be further amended by inserting at the end thereof the following new section:-

SECTION __. Section 6B of Chapter 115 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking the figure “$2,000” in lines 18, 26 and 33, and inserting in place thereof, in each instance, the figure “$2,500”.


Budget Amendment ID: FY2016-S3-723

EHS 723

Specialty Court MassHealth Liaison

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

“provided that $50,000 shall be expended for the direct payroll costs of a MassHealth liaison to the Trial Court responsible for the administration of health insurance benefits for participants in the specialty courts" and in said item by striking out the figures "$90,898,463" and inserting in place thereof the figures:- "$90,948,463".


Budget Amendment ID: FY2016-S3-724

EHS 724

Risk Mitigation Guidelines

Ms. Flanagan, Mr. Rodrigues, Mrs. L'Italien and Mr. Ross moved that the proposed new text be amended By inserting, after section ___, the following new section: -

“SECTION ___: Notwithstanding any rule, regulation, special or general law to the contrary, the Department of Public Health shall issue, not later than October 31, 2015, mitigation guidelines on the prescription of the class of potent pain medicines known as extended-release and long-acting (ER/LA) opioid analgesics to include co-prescription of an opioid antagonist, approved by the U.S. Food and Drug Administration (FDA), and labeled for administration by family members or caregivers in a non-medically supervised environment.”


Budget Amendment ID: FY2016-S3-725

EHS 725

Electronic Health Records

Ms. Flanagan, Messrs. Lewis and deMacedo moved that the proposed new text be amended By inserting, after section ___, the following new section: -

“SECTION ____:  Section 6E of chapter 40J of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out in lines 14-16 the sentence, “Amounts credited to the fund shall be expended or applied only with the approval of the executive director of the corporation upon consultation with the health information technology council established under section 2 of chapter 118I of the General Laws.” and inserting in place thereof the following new sentence:-  “Amounts credited to the fund shall be expended or applied only with the approval of the executive director of the health policy commission established under section 2(b) of chapter 6D of the General Laws.”


Budget Amendment ID: FY2016-S3-726

EHS 726

Health Care Provider Retroactive Denials

Ms. Flanagan, Messrs. McGee and Eldridge and Ms. O'Connor Ives moved that the proposed new text be amended By inserting, after section ___, the following new section: -

“SECTION ___. Chapter 32A of the General Laws, as appearing in the 20XX Official Edition, is hereby amended by inserting after section 4A the following new section:? Section 4B. (a) The commission or any entity with which the commission contracts to provide or manage health insurance benefits, including mental health services, shall not impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the commission or other entity responsible for payment; (ii) The commission or other entity has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the commission or other entity shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary insurer. Notwithstanding the contractual terms between the provider and insurer, an insurer shall allow for submission of a claim that was previously denied by another insurer due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the commission or other entity. SECTION 2. Chapter 118E of the General Laws, as so appearing, is amended by inserting after section 38 the following new section:? 38A. (a) The divison or any entity with which the division contracts to provide or manage health insurance benefits, including mental health services, shall not impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the division or other entity responsible for payment; (ii) The division or other entity has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the division or other entity shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary insurer. Notwithstanding the contractual terms between the provider and insurer, an insurer shall allow for submission of a claim that was previously denied by another insurer due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the division or managed care entity. SECTION 3. Section 1 of Chapter 175 of the General Laws, as so appearing, is amended by inserting after the definition of “Resident” the following new definition: “Retroactive Claim Denial”, an action by a) an insurer, b) an entity with which the insurer subcontracts to manage behavioral health services, c) an entity with which the Group Insurance Commission has entered into an administrative services contract or a contract to manage behavioral health services, or d) the executive office of health and human services acting as the singe state agency under section 1902(a)(5) of the Social Security Act authorized to administer programs under title XIX, to deny a previously paid claim for services and to require repayment of the claim, impose a reduction in other payments , or otherwise withhold or affect future payments owed a provider in order to recoup payment for the denied claim. SECTION 4. Section 108 of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following new subsection at the end thereof: ? 14 (a) No insurer shall impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the insurer or other entity responsible for payment; (ii) The insurer or other entity has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the insurer shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary insurer. Notwithstanding the contractual terms between the provider and insurer, an insurer shall allow for submission of a claim that was previously denied by another insurer due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from an insurer. SECTION 5. Chapter 176A of the General Laws, as so appearing, is amended by inserting after section 8 the following new section:? Section 8A a) The corporation shall not impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the corporation; (ii) The corporation has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the corporation shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary payer. Notwithstanding the contractual terms between the provider and secondary payer, the payer shall allow for submission of a claim that was previously denied by the corporation due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from an insurer. SECTION 6. Chapter 176B of the General Laws, as so appearing is hereby amended by inserting after section 7C the following new section:? Section 7D a) The corporation shall not impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the corporation; (ii) The corporation has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the corporation shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary payer. Notwithstanding the contractual terms between the provider and secondary payer, the payer shall allow for submission of a claim that was previously denied by the corporation due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from an insurer. SECTION 7. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 6A the following new section:? Section 6B. (a) No insurer shall impose a retroactive claims denial, as defined in section 1 of chapter 175, on a provider unless: (i) Less than six months have elapsed from the time of submission of the claim by the provider to the insurer or other entity responsible for payment; (ii) The insurer or other entity has furnished the provider with a written explanation of the reason for the retroactive claim denial, and a description of additional documentation or other corrective actions required for payment of the claim. (b) Notwithstanding clauses (i) of paragraph (d), retroactive claim denials may be permitted after six months if: (i) The claim was submitted fraudulently; (ii) The claim payment is subject to adjustment due to expected payment from another payer and not more than 12 months have elapsed since submission of the claim; or (iii) The claims, or services for which the claim has been submitted, is the subject of legal action. (c) In cases in which a retroactive claim denial is imposed under clause (ii) of paragraph (b), the insurer shall notify a provider at least 15 days before imposing the retroactive claim denial and the provider shall have six months to determine whether the claim is subject to payment by a secondary insurer. Notwithstanding the contractual terms between the provider and insurer, an insurer shall allow for submission of a claim that was previously denied by another insurer due to the insured’s transfer or termination of coverage. (d) For the purposes of this subsection, provider shall mean a behavioral, substance use disorder, or mental health professional who is licensed under Chapter 112 of the General Laws and accredited or certified to provide services consistent with law and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from an insurer. SECTION 8. The Division of Medical Assistance is hereby authorized and directed to develop a process for the reconciliation of claims in cases that involve multiple payers for services provided to MassHealth enrollees, with the goal of reducing or eliminating the burden on the provider to seek payment from the appropriate payer. The division shall report to the senate and house committees on ways and means on this process by December 31, 2015."


Budget Amendment ID: FY2016-S3-727

EHS 727

Noble Hospital

Messrs. Humason, Welch and Lesser moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following:- "provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services; provided further that on or before December 31, 2015, not less than $150,000 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"; and in said item, by striking out the figures "$90,898,463" and inserting in place thereof the following figures:- "$91,048,463" 


Budget Amendment ID: FY2016-S3-728

EHS 728

Sheltered Workshops

Messrs. Humason and Tarr, Ms. Gobi, Ms. O'Connor Ives, Messrs. Ross and deMacedo moved that the proposed new text be amended in section 2, in item 5920-2025, by adding at the end thereof the following:- "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: FY2016-S3-729

EHS 729

Freedom 104th Air Wing F-15 Monument

Mr. Humason moved that the proposed new text be amended in section 2, in item 1410-1616, by inserting after “Civil War Veterans’ monuments,” the following:-  “provided further, that not less than $50,000 shall be expended on a September 11, 2001 Freedom 104th Air Wing F-15 Monument and Memorial"; and in said item, by striking out the figures "$385,000" and inserting in place thereof the following figure:- "$435,000"


Budget Amendment ID: FY2016-S3-730

EHS 730

Eastern Massachusetts Goal Setting and Relapse Prevention Program

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof following: “;provided that not less than $95,000 be expended for the Eastern Massachusetts Goal Setting and Relapse Prevention program in collaboration with the Juvenile Court Department office situated in Dedham.”


Budget Amendment ID: FY2016-S3-731

EHS 731

Abuse Deterrent Labeling

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

“SECTION ___:  Section 40 of Chapter 258 of the Acts of 2014 is hereby amended by adding at the end thereof the following words:-; provided, that until said first draft is published, any drug product approved by the food and drug administration for abuse-deterrent labeling shall be deemed an interchangeable abuse deterrent drug product for the purposes of this act.”


Budget Amendment ID: FY2016-S3-732

EHS 732

Local Councils on Aging

Messrs. Humason and Tarr, Ms. Gobi, Messrs. Ross, deMacedo and Fattman moved that the proposed new text be amended in section 2, in item 9110-9002, by striking out the figure “$11,500,000” and inserting in place thereof the following figure:- “$13,465,000”


Budget Amendment ID: FY2016-S3-733

EHS 733

Adolecent Substance Abuse Prevention

Ms. Flanagan, Messrs. Rodrigues, Lewis, McGee and Moore, Ms. Lovely, Mr. Joyce and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4590-0250, by adding at the end thereof the following: “provided that not less than $40,000 shall be expended to enhance the Commonwealth's program to administer substance abuse screening, brief intervention, and referral to treatment in public schools”; and in said item, by striking out the figures “$12,085,974” and inserting in place thereof the figures:- “$12,125,974”


Budget Amendment ID: FY2016-S3-734

EHS 734

Women, Infants and Children’s WIC Nutrition Services Amendment

Messrs. McGee and Lewis moved that the proposed new text be amended in section 2, in item 4513-1002, by striking the figures: “$12,536,830” and inserting in place thereof the following figures: “$12,736,830”


Budget Amendment ID: FY2016-S3-735

EHS 735

Housing Development Incentive Program

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

"SECTION ___. Section 1 of chapter 40V of the General Laws, as appearing in the 2012 Official Edition, is hereby further amended by striking out the text in lines 31-34 and inserting in place thereof the following:- Substantial rehabilitation and substantially rehabilitated, the needed major redevelopment, repair and new construction, excluding the purchase of the property, as determined by the department of housing and community development.”


Budget Amendment ID: FY2016-S3-736

EHS 736

Enhanced Photo Identification

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

“SECTION ____. Paragraph (B) of section 2 of chapter 18 of the General Laws, as most recently amended by section 1 of chapter 65 of the acts of 2013, is hereby further amended by adding the following clause:-

(m) 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 no later than December 31, 2015. The department shall report to the bureau of special investigations, district attorney or appropriate law enforcement entities, for such action as they may deem proper, any case where there is reason to believe that fraud has been committed.”


Budget Amendment ID: FY2016-S3-737-R1

Redraft EHS 737

Edward Kennedy Community Health Center

Mr. Moore and Ms. Chandler moved that the proposed new text be amended in section 2, by inserting after item 4000-0600, the following item:

"4000-XXXX For the Edward M. Kennedy Community Health Center to professionally train Community Health Workers who will serve as the patient link to medical and social services for the disenfranchised population throughout the Worcester and MetroWest regions ... $100,000".


Budget Amendment ID: FY2016-S3-738

EHS 738

Statutory Authority for Laboratory Testing

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

“SECTION __.  Section 34 of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following sentence at the end thereof:-

“Notwithstanding any general or special law to the contrary, a laboratory may possess, store, analyze, process and test medical marijuana and medical marijuana-infused products; provided further, that said laboratory does so in accordance with the department’s regulations and written guidelines governing procedures for quality control and testing of product for potential contaminants.”


Budget Amendment ID: FY2016-S3-739

EHS 739

Veterans Transition House New Bedford

Mr. Montigny moved that the proposed new text be amended in section 2, in item 1410-0250, by adding at the end thereof the following:-  “provided further, that the Veterans Transition House in New Bedford shall receive a 5 per cent increase in funding over the funds received in fiscal year 2015”


Budget Amendment ID: FY2016-S3-741

EHS 741

Assisting Youth At-Risk for Sexual Explotation

Mrs. L'Italien and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4401-1000, by inserting after the word "clients" the following:- "provided further that not less than $10,000 shall be expended for Family Services of Merrimack Valley toward developing an outreach program to help locate and engage at-risk youths who are vulnerable to commercial sexual exploitation."


Budget Amendment ID: FY2016-S3-743

EHS 743

Best Buddies Tewksbury

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 7010-0005, by inserting after the word "School" the following words:- "provided further, that no less than $12,000 shall be expended for for the Tewksbury High School Best Buddies Program."


Budget Amendment ID: FY2016-S3-744

EHS 744

Camp Pohelo

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 7010-0005, by inserting after the word "School" the following words:- "provided further, that no less than $20,000 shall be expended for for the Town of Tewksbury's Camp Pohelo program."


Budget Amendment ID: FY2016-S3-747-R1

Redraft EHS 747

Expanding Eligibility for Home Care Services I

Mrs. L'Italien, Mr. Moore, Ms. Flanagan, Mr. Joyce, Ms. Gobi, Ms. Lovely and Mr. Eldridge moved that the proposed new text be amended by inserting after section 105 the following section:-

“Section 105A.  Up to $6,257,231 from the Community First Trust Fund established in section 35AAA of chapter 10 of the General Laws shall be expended to phase in eligibility for home care services provided in items 9110-1500, 9110-1630 and 9100-1633 for persons whose incomes do not exceed 300 per cent of the federal poverty level and a sliding fee scale for persons receiving home care services whose incomes exceed the limits established pursuant to section 9 of chapter 118 of the General Laws; provided, however, that the department of elder affairs shall report, not later than October 1, 2015, to the house and senate committees on ways and means on: (i) enrollment data and any other information relevant to caseload forecasting for the Home Care Basic Program and the Enhanced Community Options Program at current levels; (ii) projected utilization of services provided by the Home Care Basic Program and the Enhanced Community Options Program with eligibility expanded to include the individuals whose incomes do not exceed 275 per cent of the federal poverty level and with eligibility expanded to include the individuals whose income does not exceed 300 per cent of the federal poverty level; (iii) the projected fiscal impact of expanding eligibility to include the individuals whose incomes do not exceed 275 per cent of the federal poverty level and the individuals whose incomes do not exceed 300 per cent of the federal poverty level; (iv) program design considerations regarding the application of cost-sharing revenues to best support individuals in an expansion population of up to 300 per cent of the federal poverty level; and (v) revenue sources that shall fully support the costs associated with implementation of the eligibility expansion in fiscal year 2017 that should include opportunities to seek out a state plan amendment pursuant to section 1915(i) of the federal Social Security Act.”.


Budget Amendment ID: FY2016-S3-750-R1

Redraft EHS 750

Groundwork Lawrence

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the words "TEMPO program" the following words:- "provided further that not less than $25,000 shall be expended to Groundwork Lawrence for its youth summer jobs program" and in said section 2, in said item 4800-0038, by striking out the figure “$277,894,460” and inserting in place thereof the following figure:- “$277,919,460”.


Budget Amendment ID: FY2016-S3-753-R1

Redraft EHS 753

Maintaining Current Level of Services at Tewksbury State Hospital

Mrs. L'Italien, Ms. Donoghue, Mr. Moore and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4590-0915, by inserting in line 12, after the word "system" the following:-"provided further that Tewksbury State Hospital shall maintain the same number of beds in Fiscal Year 2016 as was maintained in Fiscal Year 2015".


Budget Amendment ID: FY2016-S3-754

EHS 754

New England Veterans Liberty House

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting after the word "Veterans" the following:- "provided further that no less than $50,000 shall be allocated to New England Veterans Liberty House"


Budget Amendment ID: FY2016-S3-755

EHS 755

Public Awareness for Alzheimer's Disease

Mrs. L'Italien, Ms. Lovely, Ms. Gobi, Ms. O'Connor Ives, Messrs. Barrett, Lewis and Brownsberger moved that the proposed new text be amended in section 2, by inserting after item 4590-2001 the following new item:      4590-#### For statewide public awareness and education, as recommended by the Centers for Disease Control, about the early warning signs of Alzheimer's disease, access to patient services, and the importance of family caregiver education and support, provided through a grant to be administered by a statewide Alzheimer's advocacy and education organization .... $200,000"


Budget Amendment ID: FY2016-S3-757-R2

2nd Redraft EHS 757

Respite Services and Intensive Family Supports

Mrs. L'Italien, Ms. Lovely, Messrs. Keenan, Brownsberger, Timilty and Lewis, Ms. Gobi, Ms. Chang-Diaz, Messrs. Fattman and Moore moved that the proposed new text be amended in section 2, in item 5920-3000, by striking out the figure: “51,888,141” and inserting in place thereof the following figure:- “$56,388,141”.


Budget Amendment ID: FY2016-S3-758

EHS 758

Special Commission on Ovarian Cancer

Mrs. L'Italien, Ms. Donoghue and Ms. Lovely moved that the proposed new text be amended By Inserting the following section:  SECTION 66C. (a) There shall be a special commission relative to ovarian cancer in the Commonwealth. The commission shall consist of the following members: the secretary of the executive office of health and human services, or a designee; the commissioner of public health, or a designee; the commissioner of insurance, or a designee; and 8 members who shall be appointed as follows: 2 members appointed by the senate president, 1 of whom shall be a person with or survivor of ovarian cancer and 1 of whom is a medical specialist in ovarian cancer; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be a person with or survivor of ovarian cancer and 1 of whom is a medical specialist in ovarian cancer; and 4 members appointed by the governor, 1 of whom shall be a person with or survivor of ovarian cancer, 1 of whom is a medical specialist in ovarian cancer, and 2 members of the public with demonstrated expertise in issues relating to the work of the commission. (b) The commission shall study and report on the following: (i) establish a mechanism in order to ascertain the prevalence of ovarian cancer in Massachusetts and, to the extent possible, collect statistics relative to the timing of diagnosis and risk factors associated with ovarian cancer; (ii) determine how to best effectuate an early diagnosis and treatment for ovarian cancer patients; (iii) determine any unmet needs of persons with ovarian cancer and those of their families; and (iv) provide recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with ovarian cancer and their families. (c) The commission shall file its report and recommendations with the clerks of the senate and house of representatives and the chairs of the joint committee on public health by December 31, 2015.


Budget Amendment ID: FY2016-S3-761

EHS 761

Health Information and Analysis Oversight Council

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended in section 18, by inserting after the words “cyber security” in line 218 the following: “and 1 whom shall be a representative of surcharge payers as defined in section 1 of Chapter 12C of the general laws”

And further moves to amend said section 18, by inserting after the words “health care economist” in line 219, the following: “and 1 whom shall be a representative of acute care hospitals”

And moves to further amend said section 18, by striking in lines 225-229 the following: “Members of the council shall not: (i) hold full-time or part-time employment in state government; or (ii) be employed by, a consultant to, a member of the board of directors of, affiliated with, have a financial stake in or otherwise be a representative of an acute hospital, ambulatory surgical center or a surcharge payor to the commonwealth” and inserting in place thereof  the following: “Members of the council shall not hold full-time or part-time employment in state government”

And further moves to amend said section 18, by striking clause (i) in subsection (c) in lines 240 and 241 and inserting in place thereof the following: “(i) propose an annual operating budget for the center following a public hearing process, review and manage the administrative expenses of the center, and undertake a process to evaluate and recommend alternative methodologies to fund the agency’s operating expenses.”


Budget Amendment ID: FY2016-S3-762

EHS 762

DDS Service Coordinators

Mr. Moore moved that the proposed new text be amended in section 2, in item 5911-1003, by striking out the figure “$69,496,985” and inserting in place thereof the following figure:- “74,496,985.”


Budget Amendment ID: FY2016-S3-762.1

Further EHS 762.1

Mass Down Syndrome Congress

Ms. Flanagan and Mr. Eldridge moved that the amendment be amended in section 2, in item 5911-1003, by adding at the end thereof the following:- “provided further, that no less than the amount appropriated in item 5911-1003 of section 2 of chapter 139 of the acts of 2012 shall be expended for the Massachusetts Down Syndrome Congress Inc.”


Budget Amendment ID: FY2016-S3-763

EHS 763

Best Interests of the Child

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

SECTION __. Chapter 119 of the General Laws, as appearing in the 2014 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: FY2016-S3-764

EHS 764

Observation Days

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

"SECTION ___. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall form an advisory committee of hospital, nursing home and other provider representatives to assist with the development of a statewide two year pilot program managed by the executive office of health and human services which would waive the requirements for a hospital inpatient stay lasting at least three consecutive days in order to obtain coverage for Medicare patients seeking post-hospital extended care services in a skilled nursing facility (42 U.S.C. § 1395x(l)).  Said pilot proposal shall be issued to the federal Centers for Medicare and Medicaid Services no later than January 1, 2016 for their consideration."


Budget Amendment ID: FY2016-S3-765

EHS 765

Opiate Diversion Program

Messrs. Tarr, Brownsberger, Humason, Montigny and Ross moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting after the word "beds" in line 19 the following:-

"provided further, that not less than $100,000 shall be expended for the development, implementation, monitoring and documentation of a pilot program in the city of Gloucester and not more than 2 additional and geographically diverse municipalities whereby a municipal police department coordinates a comprehensive, community based diversion program to secure appropriate treatment for those addicted to opiates who voluntary seek such treatment by appearing at a police station or other public safety facility"


Budget Amendment ID: FY2016-S3-766

EHS 766

Drug story theater of the south shore pilot program

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following:—; “provided, further, that no less than $25,000 be expended for the Drug Story Theater of the South Shore pilot program for substance abuse prevention and education.”.


Budget Amendment ID: FY2016-S3-767

EHS 767

Fitchburg Community Health Center

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 4000-0500, by adding at the end thereof the following: “provided that not less than $1,500,000 be expended to complete the newly constructed Community Health Center in Fitchburg”; and in said item, by striking out the figures “5,931,539,597” and inserting in place thereof the figures “$5,933,039,597”


Budget Amendment ID: FY2016-S3-768

EHS 768

Establishing a commission to study medical abuse claims

Messrs. deMacedo, Tarr, Ross and Humason moved that the proposed new text be amended by inserting, after section xxxx the following new section:- " SECTION XXXX. Chapter 119 of the General Laws is hereby amended by adding a new section:-

"Section XXXX. (a) Notwithstanding any general or special law to the contrary, there shall be an independent commission to study and report on the recent case before the Department of Children and Families regarding Justina Pelletier. The commission shall consist of: the secretary of health and human services, or a designee, who shall serve as the chair; the inspector general, or a designee; the attorney general, or a designee; the state auditor, or a designee; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader, and shall act as chair; and 2 members of the senate, 1 of whom shall be appointed by the minority leader. The commission shall research and assess the cost of the case, and the evidence and reasoning that led the Department of Children and Families to take Justina Pelletier away from her family. The commission shall also conduct an investigation of Massachusetts General Law Chapter 119, section 51A, focusing on the number of families affected and any changes that can be made to the law to limit improper use.

(b) Said report shall be filed with the chair and ranking minority member of the house committee on ways and means, the chair and ranking minority member of the senate committee on ways and means, and the clerks of the House of Representatives and Senate no later than October 15, 2016."


Budget Amendment ID: FY2016-S3-769

EHS 769

Home Health Nursing

Ms. Flanagan, Messrs. Moore and Eldridge and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 4000-0700, by inserting after the words “agent or provider” 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 MGL c. 29 § 9C and effective December 1, 2008, and shall be in addition to any amount appropriated in this item for the purpose of providing Title XIX services to patients; and provided further that the funds authorized herein shall be eligible for federal financial participation;”


Budget Amendment ID: FY2016-S3-770

EHS 770

Suicide Prevention Data

Mr. Keenan, Ms. Flanagan and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4513-1026, by inserting after the words “elder affairs” the following:-“; provided further, that not less than $100,000 shall be expended for suicide data collection in accordance with section 13 of chapter 284 of the acts of 2014”

And further in said item by striking the figure “$4,028,741” and inserting in place thereof the figure “$4,128,741”


Budget Amendment ID: FY2016-S3-771-R2

2nd Redraft EHS 771

DCF Attorneys

Ms. Flanagan, Messrs. Barrett and Lewis and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4800-0015, by inserting after the words “unit 8 employees” the following: “provided further, that the department shall expend not less than was expended in fiscal year 2015 for attorneys; provided further, that these funds shall mitigate attorney caseloads in those areas furthest from the statewide weighted caseload standard with the goal of achieving an attorney caseload ratio of 60 to 1 statewide”


Budget Amendment ID: FY2016-S3-772-R1

Redraft EHS 772

DCF Social Workers

Ms. Flanagan, Messrs. Moore and Barrett, Ms. Donoghue, Messrs. Brownsberger, Rodrigues, Lewis, McGee, Joyce, Downing, Keenan and Eldridge, Ms. Gobi, Ms. Lovely, Ms. O'Connor Ives, Mrs. L'Italien, Messrs. Rush, Wolf and Welch, Ms. Forry, Messrs. Kennedy, Lesser, Humason, Pacheco, Donnelly and Montigny moved that the proposed new text be amended in section 2, in item 4800-1100, by striking the figure “$201,819,297” and inserting in place thereof the following figure:- “$203,819,297” and by adding the following language after the words “fair hearing system”:- “provided further, that the department shall make efforts to expend funds on the hiring of social worker technicians; and provided further, that the department shall report monthly to the Joint Committee on Children, Families, and Persons with Disabilities and the House and Senate Committees on Ways and Means the current average caseload for social workers and how many workers would need to be hired to get to a 15 to 1 caseload ratio for every worker”


Budget Amendment ID: FY2016-S3-773

EHS 773

Pediatric Palliative Care

Ms. Flanagan, Messrs. Moore, Tarr, Lewis, Joyce, Downing and deMacedo moved that the proposed new text be amended in section 2, in item 4590-1503, by striking the figure “$1,800,000” and inserting in place thereof the following figure:- “$2,500,000”


Budget Amendment ID: FY2016-S3-774

EHS 774

Heidrea for Heroes

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 1410-0010, by inserting the following:- "provided further, that not less than $200,000 be allocated for Heidrea for Heroes"; and in said item by striking out the figures “$3,389,287” and inserting in place thereof the figures “$3,589,287”.


Budget Amendment ID: FY2016-S3-775-R1

Redraft EHS 775

Payment for Ambulance Services

Mr. Donnelly, Ms. Flanagan, Ms. Donoghue, Ms. O'Connor Ives, Mrs. L'Italien, Messrs. Hedlund, Ross and Kennedy moved that the proposed new text be amended by inserting after section 53 the following section:-

"SECTION 53A. Chapter 176D of the General Laws is hereby amended by inserting after section 3B the following section:-

Section 3C. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Ambulance service provider”, a person or entity licensed by the department of public health pursuant to section 6 of chapter 111C to establish or maintain an ambulance service.

“Emergency ambulance services”, emergency services that an ambulance service provider may render under its ambulance service license when a condition or situation in which an individual has a need for immediate medical attention or if the individual, bystander or emergency medical services provider perceives the potential for the need for immediate medical attention.

“Insurance policy” or “insurance contract”, a contract of insurance, motor vehicle insurance, indemnity, medical or hospital service, dental or optometric services, suretyship or annuity issued, proposed for issuance or intended for issuance by any insurer.

“Insured”, an individual entitled to ambulance services benefits pursuant to an insurance policy or insurance contract.

“Insurer”, a person as defined in section 1; a health maintenance organization as defined in section 1 of chapter 176G; a non-profit hospital service corporation organized pursuant to chapter 176A; an organization as defined in section 1 of chapter 176I that participates in a preferred provider arrangement as defined in said section 1 of said chapter 176I; a carrier offering a small group health insurance plan pursuant to chapter 176J; a company as defined in section 1 chapter 175; an employee benefit trust; a self-insurance plan; or a company certified pursuant to section 34A of chapter 90 and which may issue a policy of motor vehicle liability insurance pursuant to section 113A of said chapter 175 that provides insurance for the expense of medical coverage.

(b) Notwithstanding any general or special law to the contrary, if an ambulance service provider provides an emergency ambulance service to an insured but is not an ambulance service provider under contract to the insurer maintaining or providing the insured’s insurance policy or insurance contract, the insurer maintaining or providing the insurance policy or insurance contract shall pay the ambulance service provider directly and promptly for the emergency ambulance service rendered to the insured. The payment shall be made to the ambulance service provider notwithstanding that the insured’s insurance policy or insurance contract contains a prohibition against the insured assigning benefits under the insurance policy or insurance contract so long as the insured executes an assignment of benefits to the ambulance service provider and the payment shall be made to the ambulance service provider if an insured is either incapable or unable as a practical matter to execute an assignment of benefits under an insurance policy or insurance contract which does not prohibit an assignment of benefits or in connection with an insurance policy or insurance contract that contains a prohibition against an assignment of benefits. An ambulance service provider shall not be considered to have been paid for an emergency ambulance service rendered to an insured if the insurer makes payment for the emergency ambulance service to the insured. An ambulance service provider shall have a right of action against an insurer that fails to make a payment to it under this subsection.

(c) Payment to an ambulance service provider shall be pursuant to pricing schedules established by regulation by the secretary of health and human services. The pricing schedules shall ensure that the payments reflect the actual cost of providing the services within a municipality. The schedules shall reflect geographic differences and population density that disproportionately affect access in a municipality when compared to similarly positioned municipalities. The secretary shall review the pricing schedules every 3 years.

(d) An ambulance service provider receiving payment for emergency ambulance services pursuant to subsections (b) and (c) shall be considered to have been paid in full for the emergency ambulance services provided to the insured and shall have no further right or recourse to bill the insured for emergency ambulance services, with the exceptions of coinsurance, co-payments or deductibles for which the insured is responsible pursuant to the insured’s insurance policy or insurance contract.

(e) Nothing in this section shall be construed to limit or adversely affect an insured’s right to receive benefits under an insurance policy or insurance contract providing insurance coverage for emergency ambulance services. Nothing in this section shall create an entitlement on behalf of an insured to coverage for emergency ambulance services if the insured’s insurance policy or insurance contract provides no coverage for emergency ambulance services.

(f) The secretary shall enforce this section.” ; and

by inserting after section 105 the following section:-

“SECTION 105A. (a) The secretary of health and human services shall implement regulations to establish the pricing schedules set forth in subsection (c) of section 3C of chapter 176D of the General Laws. When developing the rate, the division shall seek comments from the ambulance service advisory council established in subsection (b).

(b) There shall be an ambulance service advisory council to advise the secretary on the pricing schedules set forth in subsection (c) of section 3C of chapter 176D. The council shall be appointed by the secretary and consist of the following members or a designee: (i) the secretary of public safety and security; (ii) the commissioner of the group insurance commission; (iii) a representative of the Fire Chiefs Association of Massachusetts; (iv) the president of the Massachusetts Municipal Association; (v) the president of the Massachusetts Association of Health Plans, Inc.; (vi) the president of the Professional Fire Fighters of Massachusetts; (vii) a representative of the Massachusetts Ambulance Association, Incorporated; and (viii) the president of a commercial insurer. The council shall make recommendations for pricing schedules that consider (A) cost differences associated with differences in geography and population density that impact services; (B) differences in distances travelled for services; and(C) the actual cost of providing services.”.


Budget Amendment ID: FY2016-S3-776

EHS 776

Massachusetts Hospital School Beds

Mr. Joyce moved that the proposed new text 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: FY2016-S3-778

EHS 778

Aversive Therapy Regulation Codification

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

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

Section 19. No program which is operated, funded or licensed by the department of developmental services shall employ the use of Level III Aversive Interventions to reduce or eliminate maladaptive behaviors; provided, however, that individual-specific exceptions allowing the use of Level III Aversive Interventions to reduce or modify behavior may be granted to individuals who, as of September 1, 2011, have an existing court-approved treatment plan which includes the use of Level III Aversive Interventions. Such exception may be granted each year if the exception is contained in an individual’s behavior treatment plan, approved by the court prior to September 1, 2011. Any Level III Aversive Interventions administered under this section shall comply with 115 CMR 5.14 (4)(b)4.”


Budget Amendment ID: FY2016-S3-779

EHS 779

Funding for School Nurses

Messrs. Keenan, Rush, McGee and Lewis, Ms. Flanagan, Ms. O'Connor Ives, Mr. Tarr, Ms. Gobi, Mr. deMacedo, Mrs. L'Italien, Messrs. Eldridge, Ross and Lesser moved that the proposed new text be amended in section 2, in item 4590-0250, by striking out the figure “$12,085,974” and inserting in place thereof the following figure:- “$12,257,055”.


Budget Amendment ID: FY2016-S3-780

EHS 780

Employment Services Program

Mr. Rodrigues, Ms. Forry, Ms. Donoghue, Ms. O'Connor Ives and Mr. Lewis moved that the proposed new text be amended in section 2, in item 4401-1000, by inserting in line 5, after the words “benefits” the following:-  “; provided further, that not less than $2,000,000 shall be expended for the competitive integrated employment services program;”


Budget Amendment ID: FY2016-S3-781

EHS 781

The Special Initiative to House the Homeless Mentally Ill

Mr. Keenan, Ms. Lovely and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 5046-2000, by adding at the end thereof the following:- “; provided, that $2,000,000 shall be expended for a special initiative for mentally ill homeless individuals”, and in said item, by striking out the figure “$20,134,979” and inserting in place thereof the following figure:- “$22,134,979


Budget Amendment ID: FY2016-S3-782

EHS 782

Chapter 258 Technical Correction

Ms. Flanagan moved that the proposed new text be amended SECTION 40. Chapter 118E of the General Laws is hereby amended by striking out section 10H, as inserted by section 19 of chapter 258 of the acts of 2014, and inserting in place thereof the following 3 sections:- Section 10I. For the purposes of this section the term “substance abuse treatment” shall include: early intervention services for substance use disorder treatment; outpatient services including medically assisted therapies; intensive outpatient and partial hospitalization services; residential or inpatient services, not covered under section 10J; and medically managed intensive inpatient services, not covered under said section 10J.

Any coverage offered by the division and its 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 primary care clinician plan shall not require a member to obtain a preauthorization for substance abuse treatment if the provider is certified or licensed by the department of public health.

Section 10J. For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“Acute treatment services”, 24-hour medically-supervised addiction treatment for adults or adolescents provided in a medically-managed or medically-monitored inpatient facility, as defined by the department of public health, that provides evaluation and withdrawal management and which may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning.

“Clinical stabilization services”, 24-hour clinically-managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance abuse, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction.

The division and its 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 primary care clinician plan shall cover the cost of medically-necessary acute treatment services and shall not require a preauthorization prior to obtaining treatment.

The division and its 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 primary care clinician plan shall cover the cost of medically-necessary clinical stabilization services for up to 14 days and shall not require preauthorization prior to obtaining clinical stabilization services; provided, however, that the facility shall provide to the carrier both notification of admission and the initial treatment plan within 48 hours of admission; and provided further, that utilization review procedures may be initiated on day 7.

Medical necessity shall be determined by the treating clinician, in consultation with the patient, and noted in the patient’s medical record.

Section 10K. The division and its 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 primary care clinician plan shall provide coverage for the administration of all Food and Drug Administration approved drugs for the treatment of opioid or alcohol dependence and shall establish billing codes and rates of payment for providers of licensed clinical stabilization services to administer such approved drugs to individuals in need of treatment.

For the purposes of this section, “clinical stabilization services” shall mean: 24-hour clinically managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance abuse, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction.

 


Budget Amendment ID: FY2016-S3-783

EHS 783

Worcester County CAC

Mr. Moore moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the words “Plymouth County Children's Advocacy Center;” the following:- provided further, that not less than $100,000 shall be expended for the Children's Advocacy Center of Worcester County; and in said item, by striking out the figures "$277,894,460" and inserting in place thereof the figures "$277,994,460".


Budget Amendment ID: FY2016-S3-784

EHS 784

Home Medical Equipment

Messrs. Rush, Moore, Eldridge and deMacedo, Mrs. L'Italien and Ms. Lovely moved that the proposed new text be amended by striking out section 44.


Budget Amendment ID: FY2016-S3-785

EHS 785

Post Acute Care Hospitals

Messrs. Rush, Moore and Eldridge moved that the proposed new text be amended in section 2, in item 4000-0300, in line 104 by inserting after word “funding;” the following words:- “provided further, the executive office shall cover the cost of each administrative necessary day within chronic disease and rehabilitation hospitals using the reimbursement methodology and rate that was in effect on October 1, 2014; provided further, that effective October 1, 2015, the executive office shall update the chronic disease and rehabilitation hospitals inpatient per diem reimbursement rates using FY2008 operating and capital cost information for each hospital;”


Budget Amendment ID: FY2016-S3-786

EHS 786

DSTI Hospitals

Messrs. Rush and Lesser, Mrs. L'Italien, Mr. Welch, Ms. Gobi, Messrs. Humason and Kennedy and Ms. Forry moved that the proposed new text be amended in section 2E, in item 1595-1067, by striking out the figure "$44,853,333" and inserting in place thereof the figure "$49,338,667"; and by striking out the figure “$22,426,667” and inserting in place thereof the figure “$24,669,334”; and by striking out the figure “$186,906,667” and inserting place thereof the figure “$205,597,335”


Budget Amendment ID: FY2016-S3-787-R1

Redraft EHS 787

Safeguarding Mental Health Parity Rights

Mr. Joyce moved that the proposed new text be amended by inserting after section 53 the following 3 sections:-

“SECTION 53A. Section 17 of chapter 176O of the General Laws, as amended by section 72 of chapter 35 of the acts of 2013, is hereby further amended by inserting after the word “inclusive”, in line 2, the following words:- “, and 24A”.

SECTION 53B. Subsection (b) of section 24 of said chapter 176O, as appearing in the 2012 Official Edition, is hereby amended by adding the following sentence:- The decision on the appeal shall prominently provide information on the patient’s right to appeal the decision to the office of patient protection including, but not limited to: (A) contact information for the office of patient protection,; (B) a notice of a patient’s right to file a grievance with the office of patient protection; and (C) information on how to file a grievance with the office of patient protection.

SECTION 53C. Said chapter 176O is hereby further amended by inserting after section 24 the following section:-

Section 24A. The office of patient protection shall report overturned or partially overturned behavioral health care denials to the division of insurance; provided, however, that the office shall only share patient information received by the office under the external review process established in subsection (d) of section 24 if the patient or the patient’s guardian has consented to sharing patient information with the division. The division shall review each reported denial to determine whether the denial constitutes a violation of the federal Mental Health Parity and Addiction Equity Act of 2008, § 511 of Public Law 110-343, and applicable state mental health parity laws including, but not limited to: section 22 of chapter 32A; section 47B of chapter 175; section 8A of chapter 176A; section 4A of chapter 176B; and sections 4, 4B and 4M of chapter 176G.

If the division finds evidence that a violation has occurred including, but not limited to, a determination by the office to overturn a health care denial in full or in part, the division shall investigate pursuant to its powers under section 8K of chapter 26.

If the division finds that a violation of the mental health and substance abuse parity laws has occurred, the division shall levy a fine of not less than $25,000 per violation; provided, however, that the division shall levy an additional fine of not less than $100,000 per occurrence if an insurer demonstrates a clear pattern or practice of violating the mental health and substance abuse parity laws.

The division shall promulgate regulations to ensure the protection of patients’ information in the division’s custody that shall comply with 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2 and 45 C.F.R. § 164.512.

The division shall post a public notice on the division’s public website if the division finds a violation of mental health parity laws.

The office shall post statistics regarding behavioral health reviews on its public website that shall be organized by insurer and plan type.”.


Budget Amendment ID: FY2016-S3-788

EHS 788

Ensuring Mental Health Parity

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

SECTION __. Chapter 256 of the Acts of 2008 by is hereby amended by adding at the end thereof the following section:-

SECTION 18. A person or entity may bring an action in Superior Court for a violation of this chapter G.L. c. 175, §47B; G.L. c. 176A, §8A; G.L. c. 176B, §4A; G.L. c. 176G, §4M.; G.L. c. 32A § 22; or applicable regulations including, but not limited to, 211 CMR 154. If the court finds for the petitioner, the recovery for such actions shall include, but shall not be limited to, treble damages, court costs, and attorneys’ fees. In addition, the court shall award such other equitable relief as it deems to be necessary and proper.

Any persons entitled to bring such action may, if the violation of parity has caused similar denial of insurance coverage for services to numerous other persons similarly situated and if the court finds in a preliminary hearing that he adequately and fairly represents such other persons, bring the action on behalf of himself and such other similarly injured and situated persons; the court shall require that notice of such action be given to unnamed petitioners in the most effective, practicable manner. Such action shall not be dismissed, settled or compromised without the approval of the court, and notice of any proposed dismissal, settlement or compromise shall be given to all members of the class of petitioners in such a manner as the court directs.


Budget Amendment ID: FY2016-S3-789

EHS 789

Commission on the status of grandparents raising grandchildren

Messrs. deMacedo and Ross, Ms. Gobi, Mr. Humason and Ms. Lovely moved that the proposed new text be amended in section 2, by inserting after item 0950-0000 the following item:—; "xxxx-xxxx For the commission on the status of grandparents raising grandchildren….$100,000;"


Budget Amendment ID: FY2016-S3-790-R1

Redraft EHS 790

Rockland Veterans Memorial

Mr. Keenan moved that the proposed new text be amended in section 2, in item 1410-1616, by inserting after the words “Metro West Regional Transit Authority’s Vietnam Veteran’s Monument” , the following:-

“; provided further that not less than $50,000 shall be expended to the town of Rockland to cover the costs associated with the construction and maintenance of the Rockland Veterans Memorial”, and in said item, by striking out the figure “$385,000” and inserting in place thereof the following figure:- “$435,000”.


Budget Amendment ID: FY2016-S3-791-R1

Redraft EHS 791

Disproportionate Share Hospital (DSH) Medicaid Funding

Mr. Welch, Mrs. L'Italien, Ms. Flanagan, Mr. Eldridge, Ms. Gobi, Messrs. Humason and Lewis, Ms. O'Connor Ives, Messrs. Moore, Montigny, Wolf, Brownsberger, Lesser, Ross and Timilty, Ms. Forry, Messrs. Downing and Kennedy moved that the proposed new text be amended in section 2, in item 4000-0700, by inserting after the word “coverage;” the following words:- "provided further, that not later than May 1, 2016, MassHealth shall provide not less than $3,948,705 for an increase to reimbursement rates for 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 in the amount of 10 per cent added to its adjudicated payment amount per discharge, or APAD, and 5 per cent added to its outpatient payment amount per episode or PAPE, or of reimbursement provided under any subsequent outpatient payment methodologies; provided further, that not later than May 1, 2016, MassHealth shall provide a supplemental payment of $2,051,295 for inpatient and outpatient behavioral and mental health services provided by acute care hospitals that have greater than 63 per cent of gross patient service revenue from governmental payers and free care as determined by the executive office of health and human services, provided, however, that such add on amounts shall be prioritized for services to children and adolescents;”


Budget Amendment ID: FY2016-S3-792-R1

Redraft EHS 792

Spouses as Caregivers

Mr. Tarr, Mrs. L'Italien, Ms. Gobi, Ms. Lovely, Ms. O'Connor Ives, Messrs. Ross, Hedlund, deMacedo, Wolf, Humason and Moore, Ms. Forry, Messrs. Joyce and Montigny moved that the proposed new text be amended by inserting a new section at the end thereof:-

SECTION__ The Secretary of Health and Human Services and the Secretary of Elder Affairs shall file an application to seek a waiver with the Center for Medicaid and Medicare Services (CMS) to amend the Commonwealth of Massachusetts’ 1915 ( c) elderly waiver, provided that such amendment must be revenue neutral , that any program of home and community based services in which family members are permitted to serve as paid caregivers, funded pursuant to Section 9 of Chapter 118E shall include spouses within the definition of a family member.


Budget Amendment ID: FY2016-S3-793

EHS 793

Increased Bed Capacity

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended by inserting, after section___, the following new section:-

“SECTION _. Notwithstanding any general or special law to the contrary, the 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, 2015.”


Budget Amendment ID: FY2016-S3-794-R1

Redraft EHS 794

DCF Reporting of Missing Children

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended in section 2, in item 4800-0015, by striking out the words “and (K)” and inserting in place thereof the following word:- “(K)”; and

in said section 2, in said item 4800-0015, by inserting after subclause (K) the following subclause:- “; and (L)  the number of children within the care and custody of the department whose whereabouts are unknown;”.


Budget Amendment ID: FY2016-S3-795-R1

Redraft EHS 795

Behavioral Health Rate Increases

Messrs. Keenan, McGee and Joyce, Ms. O'Connor Ives, Messrs. Eldridge and Moore, Ms. Gobi, Ms. Flanagan, Mr. Kennedy and Ms. Forry moved that the proposed new text be amended in section 2, in item 4000-0500, by adding the following words:- "provided further, that of the amount allocated in this line item, not less than $3,000,000 shall be expended for providers in the PCC mental health and substance abuse plan”; and

in said section 2, in said item 4000-0500, by striking out the figure “5,931,539,597” and inserting in place thereof the following figure:- “5,934,539,597”.


Budget Amendment ID: FY2016-S3-796-R1

Redraft EHS 796

Community Coalitions

Mr. Downing and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4590-0250, by inserting at the end thereof the following:- “provided further, that the department of public health shall expend not less than $105,000 on the Massachusetts Model of Community Coalitions”, and further in said item by striking out the figure “$12,085,974” and inserting in place thereof the following figure:- “$12,190,974”  


Budget Amendment ID: FY2016-S3-797

EHS 797

Berkshire Youth Development Project

Mr. Downing moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting at the end thereof the following:- “provided further, that not less than $100,000 shall be expended to the Berkshire County Youth Development Project for youth intervention services.” and further in said item by striking out the figure “$93,869,903” and inserting in place thereof the figure “$93,969,903”


Budget Amendment ID: FY2016-S3-798

EHS 798

End Family Homelessness Reserve Fund

Mr. Humason moved that the proposed new text be amended in section 2, in item 1599-0017, by striking out the figure “$7,000,000” and inserting in place thereof the following figure:- “$20,000,000”.


Budget Amendment ID: FY2016-S3-799-R1

Redraft EHS 799

CHIA Oversight Council

Messrs. Tarr, Ross and deMacedo moved that the proposed new text be amended by striking out section 18 and inserting in place thereof the following section:-

“SECTION 18. Chapter 12C of the General Laws is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. (a) There is hereby established a center for health information and analysis. There shall be a health information and analysis oversight council, with duties and powers established by this section, which shall govern the center; provided, however, that the council shall not oversee the Betsy Lehman center for patient safety and medical error reduction established in section 15.

(b) The council shall consist of 11 members: the secretary of health and human services, ex officio; the secretary of administration and finance, ex officio; 2 of whom shall be appointed by the attorney general of whom 1 shall have experience in cyber security; 2 of whom shall be appointed by the state auditor of whom 1 shall be a health care economist; and 5 of whom shall be appointed by the governor of whom 1 shall have experience in health care delivery or health care management, 1 shall have experience with the use of big data, open data and analytics and 1 shall have experience in finance and budgeting; 1 whom shall be a representative of surcharge payers as defined in section 1 of Chapter 12C of the general laws, and 1 whom shall be a representative of acute care hospitals provided, that the governor shall designate the chairperson.  Appointments shall be made without regard to political affiliation.  Members of the council shall serve for terms of 5 years.  In the case of a vacancy, a successor shall be appointed in the same manner as the original appointment for the remainder of the unexpired term.  Members of the council shall be eligible for reappointment. The council shall annually elect 1 of its members to serve as the vice-chair person.  Members of the council shall be residents of the commonwealth.

(c) Four members of the council shall constitute a quorum and the affirmative vote of 4 members of the council shall be necessary and sufficient for any action to be taken by the council.  No vacancy in the membership of the council shall impair the right of a quorum to exercise all the rights and duties of the commission.  Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.  The chairperson of the board shall report to the governor and to the general court not less than annually.

(d) Any action of the center may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the council shall be subject to sections 18 to 25, inclusive, of chapter 30A. The center shall be subject to all other provisions of said chapter 30A, and records pertaining to the administration of the center shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the center shall be considered to be public funds for purposes of chapter 12A. Except as otherwise provided in this section, the operations of the center and its council shall be subject to chapter 268A and chapter 268B.

(e) The chairperson shall hire an executive director to supervise the administrative affairs and general management and operations of the center and also serve as secretary of the center, ex officio. The executive director shall receive a salary commensurate with the duties of the office. In the case of a vacancy in the position of executive director, a successor shall be appointed in the same manner as the original appointment for the unexpired term. The person so appointed may be removed from office by the chairperson.

(f) The executive director shall, with the approval of the council:- (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the council;  (ii) employ professional and clerical staff as necessary;  (iii) report to the council on all operations under  the executive director's control and supervision;  (iv) prepare an annual budget and manage the administrative expenses of the center including conducting at least 1 public hearing to review and manage the administrative expenses of the center, and undertake a process to evaluate and recommend alternative methodologies to fund the agency’s operating expenses; and  (v) undertake any other activities necessary to implement the powers and duties set forth in this chapter.

(g) The council shall:

(i) develop a plan of operation for the center. The plan of operation shall include, but not be limited to: implementation of procedures for operations of the center and implementation of procedures for communications with the executive director;  (ii) develop annual research and analysis priorities for the center; provided however, the council shall not require approval of the center’s actions under section 38C of chapter 3, section 16 of this chapter or section 17 of chapter 176A; shall conduct at least one public hearing process, review and manage the administrative expenses of the center, and undertake a process to evaluate and recommend alternative methodologies to fund the agency’s operating expenses.”

(iii) develop guidelines for uniform reporting and data preparation pursuant to sections 8 to 10, inclusive; and

(iv) develop guidelines for the collection, storage and maintenance of the payer and provider claims database established pursuant to section 12.

(h) Chapter 268A shall apply to all council members except that the center may purchase from, sell to, borrow from, contract with or otherwise deal with any organization in which any council member is in anyway interested or involved; provided, however, that such interest or involvement shall be disclosed in advance to the council and recorded in the minutes of the proceedings of the council; and provided further, that no member shall be deemed to have violated section 4 of said chapter 268A because of such member’s receipt of such member’s usual and regular compensation from such member’s employer during the time in which the member participates in the activities of the council.”


Budget Amendment ID: FY2016-S3-800-R2

2nd Redraft EHS 800

Prevent Privatization of DMH Southeast Emergency Services

Messrs. Rodrigues, Pacheco, Montigny, Timilty, Joyce, Moore and Wolf moved that the proposed new text be amended in section 2, in item 5047-0001, by adding the following words: “; provided, that there shall not be a reduction in services in the Southeast area related to the alignment of state operated Emergency Services; provided further, that any change in state operated Emergency Services in the Southeast area shall comply with section 52 to 55, inclusive of chapter 7 of the General Laws”.


Budget Amendment ID: FY2016-S3-801

EHS 801

Community Health Center Technical Assistance

Mr. Brownsberger, Ms. Gobi and Ms. Forry moved that the proposed new text 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)................................... $1,045,901."


Budget Amendment ID: FY2016-S3-802

EHS 802

DPH Community Health Centers

Ms. Chang-Diaz, Mr. Moore and Ms. Forry moved that the proposed new text be amended in section 2, in item 4510-0110, by striking out the figure “ 1,045,901” and inserting in place thereof the following figure:- “2,000,000”.


Budget Amendment ID: FY2016-S3-803

EHS 803

Transportation of Elders, Veterans, and Those with Disabilities

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

SECTION XX. There shall be a special task force convened to identify existing structural or policy-based impediments to delivering a more comprehensive and efficient transportation system for the senior, disabled, and veteran populations of the Commonwealth.

The task force shall consist of 11 members: 1 of whom shall be the Secretary of Elder Affairs or their designee, who shall serve as chair; 1 of whom shall be the Secretary of Veterans Affairs or their designee; 1 of whom shall be the Secretary of Transportation or their designee; 1 of whom shall be a representative of the Massachusetts Councils on Aging; 1 of whom shall be a representative of the Disabled Persons Protection Commission; 1 of whom shall be a representative of the Massachusetts Bay Transit Authority; 1 of whom shall be a representative of the Massachusetts Regional Transit Authorities; 1 of whom shall be a representative of the Massachusetts Municipal Association; 1 of whom shall be a representative of the Disabled American Veterans Department of Massachusetts; 1 of whom shall be a representative of the Massachusetts Office on Disability; and 1 of whom shall be a representative of the Human Service Transportation Office.

In its examination, the task force shall review how transit service is currently provided to the senior, disabled, and veteran population of the Commonwealth by both public and private means and identify problems owing to redundancy and overlapping jurisdictions/service areas in both the scheduling and delivery of transportation services. The task force shall then draft recommendations to improve the way transportation is provided to the elder, disabled, and veteran populations in a more efficient, cost-effective manner.

The task force shall submit its report, findings, recommendations and any proposed legislation and regulatory changes to the Governor, the joint committee on Elder Affairs, and the joint committee on Transportation not later than July 1, 2016.


Budget Amendment ID: FY2016-S3-804

EHS 804

DTA Administration

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 4400-1000, By striking out the figures "$64,427,943" and inserting in place thereof the figures:- "$65,148,736".


Budget Amendment ID: FY2016-S3-805-R2

2nd Redraft EHS 805

Pharmacy Definition

Mr. Timilty moved that the proposed new text be amended by inserting after section 43 the following section:-

“SECTION 43A. Section 39C of chapter 112 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 3, 5, 19, 22 and 32, the word “fusionist” and inserting in place thereof, in each instance, the following word:- infusion.”


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1943

Text of amendment (806) (offered by Senator Donnelly et al) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

by inserting the following new sections:-

"SECTION XX. The General Laws are hereby amended by inserting after chapter 111N, as appearing in the 2012 Official Edition, the following chapter:-

Chapter 111O. Mobile Integrated Health Care.

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

“Advisory council”, the group of advisors established pursuant to section 4.

“Commissioner”, the commissioner of public health.

“Department”, the department of public health.

“Community EMS program”, a program developed by the primary ambulance service with the approval of the local jurisdiction and the affiliate hospital medical director utilizing EMS providers acting within their scope of practice to provide community outreach and assistance to residents in order to advance injury and illness prevention within its community.

“Community paramedic provider”, a person who (1) is certified as a paramedic in accordance with the provisions of chapter 111C and department regulations; and (2) has successfully completed an education program for mobile integrated health care, in accordance with department regulations.

“EMS provider”, an EMS first response service, an ambulance service, a hospital including, without limitation, a trauma center or any individual associated with an EMS first response service, an ambulance service or a hospital engaged in providing EMS, including, without limitation, an EMS first responder, a medical communications system operator, an emergency medical technician and a medical control physician, to the extent such physician provides EMS.

“Health care facility”, a licensed institution providing health care services or a health care setting, including, but not limited to, hospitals, and other inpatient centers, ambulatory surgical or treatment centers, behavioral health centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health centers.

“Health care entity”, a provider or provider organization, including, but not limited to, ambulance services licensed under chapter 111C, visiting nurse associations, accountable care organizations, and home health agencies.

“Health care provider”, a provider of medical, behavioral or health services or any other person or organization that furnishes bills or is paid for health care services delivery in the normal course of business.

“Mobile integrated health care” or “MIH”, a health care program approved by the department that utilizes mobile resources to deliver care and services to patients in an out-of-hospital environment in coordination with health care facilities or other health care providers. Such medical care and services include, but are not limited to, community paramedic provider services, chronic disease management, behavioral health, preventative care, post-discharge follow-up visits, or transport or referral to facilities other than hospital emergency departments.

“Medical control”, the clinical oversight provided by a qualified physician or existing primary care provider to all components of the MIH program, including, without limitation, medical direction, training, scope of practice and authorization to practice of a community paramedic provider, continuous quality assurance and improvement, and clinical protocols.

“Medical direction”, the authorization for treatment provided by a qualified physician or existing primary care provider in accordance with clinical protocols, whether on-line, through direct communication or telecommunication, or off-line through standing orders.

“Patient”, an individual identified by a healthcare facility, entity or provider as requiring MIH services.

“Person”, an individual, an entity or an agency or political subdivision of the commonwealth.

“Physician”, a medical or osteopathic doctor licensed to practice medicine in the commonwealth.

“Scope of practice”, the clinical skills or functions (1) as defined by the Statewide Treatment Protocols governing the delivery of emergency medical services under chapter 111C; and (2) clinical protocols established under this chapter by the department in regulation.

Section 2.  (a) The department shall take any action consistent with its role as state lead agency for mobile integrated health services.  As state lead agency, the department shall take into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations, and the recommendations of interested stakeholders, including, without limitation, the statewide mobile integrated health advisory council, established in section 4.

(b) The department shall evaluate and approve MIH programs that meet the following criteria:

(1) provide pre-hospital and post-hospital services as a coordinated continuum of care that fully supports the patient’s medical needs in the community;

(2) address gaps in service delivery and prevent unnecessary hospitalizations, or other harmful and wasteful resource delivery;

(3) focus on partnerships, through contracts or otherwise, between health care providers and health care entities that promote coordination and utilization of existing personnel and resources without duplication of services;

(4) adhere to clinical standards and protocols, established under this chapter by the department in regulation, with the guidance of the advisory council, to ensure that MIH community paramedic providers or other providers employed by a health care entity provide health care services or treatment within their scope of practice;

(5) dispatch only those community paramedic providers or other providers employed by a health care entity who have received appropriate training and demonstrate competency in the MIH clinical protocols;

(6) meet appropriate standards related to capacity, location, personnel and equipment;

(7) provide access to qualified medical control and medical direction;

(8) provide a secure and effective medical communication subsystem linkage for on-line medical direction;

(9) ensure activation of the 911 system in the event that a patient of an MIH program experiences a medical emergency, as determined through medical direction, in the course of an MIH visit provided such activation is in the best interest of patient safety and takes into account how MIH programs affect EMS first response services, and provided further that the department shall examine how 911 triage trees may be incorporated into MIH;

(10) ensure compliance with all state and federal privacy requirements with regard to patient medical records and other individually identified patient health information; and

(11) ensure that health care providers operating MIH programs collect and maintain data, including statistics on mortality and morbidity of consumers of mobile integrated health services, including but not limited to, information needed to review access, availability, quality, cost and third party reimbursement for such services, and coordinate and perform such data collection in conjunction with other data collection activities.

Section 3. The department shall evaluate and approve Community EMS Programs developed and operated by the primary ambulance service with the approval of the local jurisdiction and the affiliate hospital medical director to provide community outreach and assistance to residents of the local jurisdiction in order to advance injury and illness prevention within its community.

The programs may work with local public health and identify members of the community who use the 911 system or emergency department and connect them to their primary care providers, other health care providers, low-cost medication programs, and other social services.  The programs may also utilize EMS providers, including EMS first responders and emergency medical technicians, to provide follow-up and preventive measures including, but not limited to, fall prevention, vaccinations under the direction of local public health, and health screenings such as blood pressure and blood glucose checks.  

All EMS provider training and activities related to the program must be approved by the local jurisdiction and the affiliate hospital medical director. Nothing in this section authorizes an EMS provider to perform any medical procedures outside their scope of practice.

Section 4. (a) There shall be established a mobile integrated health advisory board, which shall assist and support the department in carrying out the provisions of this chapter and in developing and implementing a state mobile integrated health plan, by planning, guiding and coordinating the components of mobile integrated health services.

(b) The advisory council shall consist of the director of the bureau of health care safety and quality, or a designee, who shall serve as a non-voting chair, and 18 members who shall be appointed by the commissioner and who shall reflect a broad distribution of diverse perspectives on mobile integrated health care, including appointees or their designees from the following groups: the division of medical assistance; Massachusetts Hospital Association; Massachusetts Council of Community Hospitals; a for-profit hospital system that is not a member of another hospital advocacy group; Massachusetts Senior Care Association; Massachusetts Medical Society; Massachusetts Chapter of the American College of Emergency Physicians; Massachusetts Nurses Association; Home Care Alliance of Massachusetts; Professional Fire Fighters of Massachusetts; Fire Chiefs Association of Massachusetts; International Association of EMTs and Paramedics; Massachusetts Ambulance Association; Hospice and Palliative Care Association of Massachusetts; Association for Behavioral Healthcare; and 3 members representing payors, including one representative of the health care organization providing services to MassHealth members under section 9D and 9F of Chapter 118E.

SECTION XX. Clause (3) of section 19 of Chapter 111C, as appearing in the 2012 Official Edition, is hereby amended by striking the words “approved under this chapter;” and inserting in place thereof the following words:--

approved under this chapter or chapter 111O;"

SECTION XX. Community paramedic special project waivers that are currently approved pilot projects by the department of public health shall remain in effect until regulations to implement 111O of the General Laws are promulgated. The department of public health shall promulgate said regulations not later than December 31, 2015."


Budget Amendment ID: FY2016-S3-807

EHS 807

Children's Advocacy Center of Bristol County

Messrs. Timilty, Rodrigues, Montigny and Ross moved that the proposed new text be amended in section 2, in item 4800-0038, by striking out the words “provided further, that not less than $250,000 shall be expended for The Children’s Advocacy Center of Bristol County, Inc.;” and inserting in place thereof the following words:- “provided further, that not less than $300,000 shall be expended for The Children’s Advocacy Center of Bristol County, Inc.;”.


Budget Amendment ID: FY2016-S3-808

EHS 808

DMH Child and Adolescent Services Feedback

Mr. Timilty moved that the proposed new text be amended in section 2, in item 5042-5000, by inserting after the word Holyoke the following:- “provided further, that the department shall develop and conduct an anonymous survey of all legal guardians of children or adolescents for whom they provide services in calendar year 2015 for the purpose of developing future programming, determining gaps in service, and modernizing the overall distribution of services to meet the needs of families instead of county structures; provided further, that the department shall report no later than March 1, 2016 to the house and senate committees on ways and means and the joint committee on mental health and substance abuse on the results of the survey and any identified changes the department will need to address in fiscal year 2017;”


Budget Amendment ID: FY2016-S3-809-R1

Redraft EHS 809

Home Health Care Pilot Program

Mr. Timilty moved that the proposed new text be amended in section 2, in item 4000-0300, by adding at the end thereof the following: “provided further, that the executive office of health and human services shall expend not less than $100,000 to develop a pilot program in Norfolk County for the purpose of incentivizing independent home health care nurses to work with patients with rare diseases and disorders, including but not limited to, Rett Syndrome and mitochondrial diseases; provided further, that in the development of this the program, the executive office shall review the reimbursement rates for independent home care nurses and consider restructuring the rate system so that independent home care nurses who agree to treat patients with more severe needs are compensated at a higher rate”; and in said section 2, in said item 4000-0300, by striking out the figures "$90,898,463" and inserting in place thereof the figures "$90,998,463".


Budget Amendment ID: FY2016-S3-810

EHS 810

PMP Innovation Pilot Program

Mr. Keenan and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, by inserting the following new line item:-

xxxx-xxxx     For a pilot program, to be administered by the department of public health, to stimulate prescription drug monitoring program utilization and innovation, the purpose of which shall be to promote the integration of the prescription drug monitoring program with commonly used electronic health records software, and other end-user software innovations. The department shall identify not fewer than three regions with a high incidence of prescription opiate drug addiction, and shall, in each region, and in collaboration with the Massachusetts Medical Society, the Massachusetts Association of Pharmacists, the Massachusetts Independent Pharmacists Association, and the Massachusetts Hospital Association, select one pharmacy, one hospital department, and one private practice facility to participate in the pilot program. The department shall solicit end-user software and application designs that: (i) improve ease of access and utilization of the prescription drug monitoring program for practitioners; (ii) support integration of the prescription drug monitoring program with the electronic health records software used at each location within a region; and, (iii) allow practitioners to compile and visualize data in a manner that supports the development of best practices for prescribing and dispensing as relevant to each location. A different design shall be selected for implementation in each of the three regions, and selection criteria established by the department shall consider each design’s scalability. The department may collaborate with the Massachusetts Technology Park, the Massachusetts Life Sciences Corridor, regional chambers of commerce, or any other innovation and technology hub to solicit said designs from sources within the Commonwealth ……………………… $500,000


Budget Amendment ID: FY2016-S3-811

EHS 811

DPH Primary Violence Prevention

Ms. Chang-Diaz and Ms. Forry moved that the proposed new text be amended in section 2, in item 4590-1506, by striking out the figure “1,334,449” and inserting in place thereof the following figure:- “2,000,000”.


Budget Amendment ID: FY2016-S3-812

EHS 812

Closing the Pharmacy Shopping Loophole

Mr. Lesser, Ms. Flanagan, Mr. Keenan and Ms. Lovely moved that the proposed new text be amended by inserting after section ___, the following new section:-

“SECTION ___. Section 24A of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 27 and 28, the words “7 days” and inserting in place thereof the following words:- 24 hours”


Budget Amendment ID: FY2016-S3-813

EHS 813

Safe and Successful Youth Initiative (SSYI)

Ms. Chang-Diaz, Ms. Forry, Ms. Donoghue, Messrs. McGee, Lesser, Brownsberger, Rush, Welch, Humason, Montigny and Lewis, Mrs. L'Italien, Messrs. Kennedy, Wolf, Moore and Eldridge and Ms. Creem moved that the proposed new text be amended in section 2, in item 4000-0005, by striking the figure “5,000,000” and inserting in place thereof the following figure:- “7,585,036”.


Budget Amendment ID: FY2016-S3-814

EHS 814

Rick's Place

Mr. Lesser moved that the proposed new text be amended in section 2, in item 4800-0038, by adding at the end thereof the following:- “provided further, that not less than $25,000 shall be expended for Rick’s Place of Wilbraham to provide counseling services for youth who have experienced the death of a parent in the Pioneer Valley”; and in said item, by striking out the figure “$277,894,460” and inserting in place thereof the following figure “$277,919,460”.


Budget Amendment ID: FY2016-S3-815-R1

Redraft EHS 815

Protecting consumers of home care services

Mr. Welch moved that the proposed new text be amended by inserting after the word "Medicaid", in line 1135, the following word:- “waiver”; and

in said section 90, by striking out, in line 1135, the word “and”, the second time it appears; and

in said section 90, by inserting after the word “agencies”, in line 1137, the following words:- “; and (vi) recommend consumer protection measures including, but not limited to, the establishment of a home care agency employee registry”; and

in said section 90, by inserting after the word “nurse”, in line 1147, the following words:- , “at least 1 shall be a labor representative of home care workers”.


Budget Amendment ID: FY2016-S3-816

EHS 816

YMCA's and Substance Abuse Speaking Engagements

Mr. Rodrigues, Ms. Lovely, Ms. Donoghue, Messrs. Lewis and Eldridge, Mrs. L'Italien and Mr. Moore moved that the proposed new text be amended in section 2, in item 4590-1507, in line 10, by striking out the figure “$900,000” and inserting in place thereof the following figure:- “$1,100,000”; and inserting at the end thereof 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”; and by striking out the figure “$3,700,000 ” and inserting in place thereof the following figure:- “$4,100,000”.


Budget Amendment ID: FY2016-S3-817

EHS 817

Teen Pregnancy Prevention

Ms. Chang-Diaz, Mr. Brownsberger, Mrs. L'Italien, Messrs. McGee and Moore moved that the proposed new text be amended in section 2, in item 4530-9000, by striking out the figure “2,561,962” and inserting in place thereof the following figure:- “3,000,000”.


Budget Amendment ID: FY2016-S3-818

EHS 818

Report on Biometric Fraud Protection for Public Assistance Programs

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended by inserting after Section __, the following section:-

“SECTION __. Notwithstanding any general or special law to the contrary, the department of transitional assistance, in conjunction with the executive office of health and human services, shall provide a report on current fraud detection measures within the agency and department to reduce fraud in public assistance benefit programs and to study the feasibility of implementing a biometric authentication system. The report shall include, but not be limited to, the cost savings that would result from the elimination of duplicate assistance fraud in public assistance programs and the feasibility of using biometric technology to create a reliable system of identification. The report, along with any legislative recommendations, shall be filed with the clerks of the house of representatives and the senate within 90 days of the passage of this act.”.


Budget Amendment ID: FY2016-S3-819

EHS 819

DDS Community Based Employment

Ms. Flanagan and Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 5920-2026, by striking out the figures “$5,000,000” and inserting in place thereof the figures:- “$11,400,000”


Budget Amendment ID: FY2016-S3-820

EHS 820

Prescription Drug Monitoring program

Ms. Flanagan, Messrs. Keenan, Tarr, Ross and Moore moved that the proposed new text be amended in section 2, in item 4510-0710, by adding at the end thereof the following: “, which shall include the use of advanced analytics and business intelligence tools to focus on, anomaly detection, predictive modeling to examine how future decisions may impact the population and trends.”


Budget Amendment ID: FY2016-S3-821

EHS 821

Aid to Children with Inherited Disorders

Mr. Joyce moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting at the end thereof the following:- “; provided furhter, that $50,000 shall be expended for education and support of patients diagnosed with PKU or related disorders and their families through a grant to NECPAD”.


Budget Amendment ID: FY2016-S3-822

EHS 822

Implementation of Independent Technical Assistance Training for Tenant Members and Members of Local Tenant Organizations

Mr. McGee moved that the proposed new text be amended in section 2, in item 7004-9007, by inserting after "2014" the following: ";provided further, that not less than $80,000 shall be expended for the department to implement independent technical assistance training for tenant members and members of local tenant organizations"

 


Budget Amendment ID: FY2016-S3-823-R1

Redraft EHS 823

Stoneham Substance Abuse Coordinator

Mr. Lewis moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following words:- "; provided further, that not less than $50,000 shall be expended to the town of Stoneham to hire a substance abuse coalition coordinator; and provided further, that not less than $50,000 shall be expended to the substance abuse coalition in the city known as the town of Franklin”.


Budget Amendment ID: FY2016-S3-824

EHS 824

Weymouth Teen Center

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting the following:-

 

"provided further, that not less than $50,000 shall be expended for the Weymouth Teen Center to provide job skills training, remedial education services, and to promote a social service program promoting growth and social welfare"; and in said item, by striking out the figures “$277,894,460" and inserting in place thereof the figures “$277,944,460”


Budget Amendment ID: FY2016-S3-825

EHS 825

Whipple Senior Center

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 9110-9002, by inserting the following:-

 

"provided further, that not less than $50,000 shall be expended for the costs associated with care and services provided at the Whipple Senior Center in the Town of Weymouth"; and in said item, by striking out the figures “$11,500,000” and inserting in place thereof the figures “$11,550,000”


Budget Amendment ID: FY2016-S3-826

EHS 826

Improvements to the “A Better Life” Pilot Program

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

XX. Section 33 of chapter 158 of the acts of 2014 is hereby amended by adding the following new words: -

Hardship exceptions to any work or education requirements shall be granted when a resident lacks access to available employment or an affordable education program, when a resident lacks affordable and reliable transportation to get to a job or education program, when a resident lacks safe and affordable child care, when a resident is a person with a disability or health condition or the caretaker of a family member with a disability or health condition that interferes with the ability to meet the generally applicable requirements, or when a resident demonstrates good cause for not being able to participate in whole or in part in such programs. For each week that a resident is entitled to a hardship exemption, 35 hours shall be deducted from the generally applicable annual hourly requirement. The education requirements in this program may be fulfilled, without limitation, by post-secondary courses, high school courses, adult basic education, English as a Second Language programs, general high school equivalency degree programs, vocational training programs , life skills programs, financial literacy programs, and any other activities countable toward work requirements under the program of Transitional Aid to Families with Dependent Children, provided that the number of countable hours of certain education and training programs shall be determined in accordance with the Department of Early Education and Care rules for calculating a service need for an income eligible child care subsidy under 606 C.M.R. § 10.04(1)(b)(1.)(d.). The grievance and tenant participation requirements under Department of Housing and Community Development regulations at 760 CMR 6 shall apply to this program. The housing authority will report quarterly on the implementation and results of the program beginning on January 1, 2016 to the Department of Housing and Community Development, the Joint Committee on Housing and the House and Senate Committees on Ways and Means. The provisions of this section shall also apply to any pilot programs funded through item 7004-0114 in section 2 of the annual state budget.


Budget Amendment ID: FY2016-S3-827

EHS 827

Grow Associates

Mr. Joyce moved that the proposed new text be amended in section 2, in item 5911-2000, by adding at the end thereof the following:-  “; provided further, that funds may be expended for services to the developmentally disabled provided by Grow Associates, Inc. pursuant to section 2 of chapter 182, of the acts of 2008”.


Budget Amendment ID: FY2016-S3-828-R2

2nd Redraft EHS 828

South End Community Center

Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0005, by inserting the following:- "provided further, that not less than $30,000 shall be expended for the South End Community Center, Inc. to implement the South End Community Center's Youth Corp program, in collaboration with the Girls Club Family Center, directed at violence prevention"; and, in said item 4000-0005 by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- “$5,030,000”.


Budget Amendment ID: FY2016-S3-829

EHS 829

Martin Luther King, Jr. Family Services

Mr. Welch moved that the proposed new text be amended in section 2, in item 4000-0005, by inserting the following:- "provided that not less than $100,000 shall be expended for the Martin Luther King, Jr. Family Services, Inc. to provide youth development and violence prevention services to at-risk youth"; and, in said item 4000-0005 by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- “$5,100,000”.


Budget Amendment ID: FY2016-S3-830-R1

Redraft EHS 830

COGIC Family Services

Mr. Welch moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting the following:- "provided, that not less than $30,000 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 “$3,187,386” and inserting in place thereof the following figure:- “$3,217,386”.


Budget Amendment ID: FY2016-S3-831

EHS 831

Square One Daycare

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 4800-0040, by inserting the following:- "provided, that not less than $200,000 shall be expended for Square One Daycare, Inc. in Springfield"; and, in said item 4800-0040 by striking out the figure “$45,610,551” and inserting in place thereof the following figure:- “$45,810,551”.


Budget Amendment ID: FY2016-S3-832

EHS 832

Nursing Home Residents Protection

Messrs. Montigny, McGee and Tarr, Ms. Gobi and Mr. Moore moved that the proposed new text be amended in section 2, in item 4000-0600, by adding at the end thereof the following:- "provided further, that MassHealth shall reimburse nursing home facilities for up to and including 20 medical leave of absence days and shall reimburse such facilities for up to 10 nonmedical leave of absence days; provided further, that medical leave of absence days shall include an observation stay in a hospital in excess of 24 hours; provided further, that not later than January 1, 2016, MassHealth shall report to the house and senate committees on ways and means the following for the fiscal year 2015:  (a) the number of nursing facility clients on a leave of absence, delineated by nursing facility, by medical leave of absence days and medical leave of absence days that exceeded 10 days per hospital stay, nonmedical leave of absence days, and the total number of days on leave of absence unduplicated member count; (b) licensed beds monthly capacity levels per nursing homes and the monthly  total number of empty beds per nursing facility, total number of all nursing home residents, and total MassHealth nursing home residents; (c) six separate MassHealth payment rates and the  average payment amount rate per nursing facility client resident; and (d) actual number of nursing home residents for each of the six payment categories in (c); (e) the aggregate payment amount per nursing facility by month; and (f) all reports shall delineate by nursing home, including grand totals where appropriate.”


Budget Amendment ID: FY2016-S3-833-R1

Redraft EHS 833

Mass in Motion

Messrs. Lewis, Moore, Rodrigues and McGee, Ms. Flanagan, Mr. Eldridge, Ms. Forry, Mr. Tarr, Ms. Lovely, Ms. Gobi, Ms. Donoghue, Mr. Montigny, Mrs. L'Italien and Mr. Lesser moved that the proposed new text 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 “$3,187,386” and inserting in place thereof the following figure:- “$3,687,386”.


Budget Amendment ID: FY2016-S3-834

EHS 834

Office of Health Equity

Mr. Lewis moved that the proposed new text be amended in section 2, in item 4000-0300, by adding 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: FY2016-S3-835

EHS 835

Center for Laboratory and Communicable Disease Control

Messrs. Lewis, McGee, Brownsberger and Keenan and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4516-1000, by striking out the figure “$12,848,230” and inserting in place thereof the following figure:- “$14,800,000”.


Budget Amendment ID: FY2016-S3-836-R2

2nd Redraft EHS 836

Reducing youth consumption of flavored cigars

Mr. Lewis, Ms. Gobi, Messrs. Brownsberger and Eldridge and Ms. O'Connor Ives moved that the proposed new text be amended “SECTION 34A. Subsection (b) of section 7B of said chapter 64C, as appearing in section 47 of chapter 46 of the acts of 2013, is hereby amended by adding the following paragraph:-

In addition to the excise imposed by the preceding paragraph, an excise shall be imposed on fruit-flavored or other nontobacco-flavored cigars and smoking tobacco held in the commonwealth at the rate of 170 per cent of the wholesale price of such products. This excise shall be imposed on cigar distributors at the time the fruit-flavored or other nontobacco-flavored cigars or smoking tobacco are manufactured, purchased, imported, received or acquired in the commonwealth. The excise shall not be imposed on any such cigars or smoking tobacco that: (i) are exported from the commonwealth; or (ii) are not subject to taxation by the commonwealth pursuant to any federal law.”; and

by inserting after section 105 the following section:-

“SECTION  105A. The comptroller shall transfer the revenues received under the second paragraph of section 7B of chapter 64C of the General Laws during fiscal year 2016, in an amount not to exceed $4,000,000, to item 4590-0300 for smoking prevention and cessation programs.”


Budget Amendment ID: FY2016-S3-837

EHS 837

EMS Regional Councils

Messrs. Donnelly, Eldridge and Moore moved that the proposed new text be amended in section 2, in item 4510-0790, by striking out the figures "$731,959" and inserting in place thereof the following figures:- "$931,959".


Budget Amendment ID: FY2016-S3-838

EHS 838

Dental Health Services

Ms. Lovely, Messrs. Eldridge, Joyce and Barrett, Ms. Creem and Mr. Lewis moved that the proposed new text be amended in section 2, in item 4512-0500, by striking out the words “For dental health services; provided, that funds shall be expended to maintain a program of dental services for the developmentally disabled;” and inserting in place thereof the following words:- “For dental health services; provided, that not less than $1,995,525 shall be expended for the commonwealth’s comprehensive dental program for adults with developmental disabilities; and provided further, that not less than $100,000 shall be expended for the promotion of services to all dental providers in the commonwealth and to increase after-hour, weekend, and holiday coverage with on-call response and if necessary actual clinical evaluation”.

 

And further amend said item by striking out the figures "$2,036,188" and inserting in place thereof the figures"$2,536,188"


Budget Amendment ID: FY2016-S3-839

EHS 839

Early Intervention

Ms. Lovely, Mrs. L'Italien, Messrs. Timilty, Moore and Rodrigues, Ms. Flanagan, Mr. Brownsberger, Ms. O'Connor Ives, Messrs. Keenan, Ross, Lewis and Eldridge and Ms. Creem moved that the proposed new text be amended in section 2, in item 4513-1020, by striking the figures “$27,600,167” and inserting in place thereof the following figure:- “$28,400,167” 


Budget Amendment ID: FY2016-S3-840

EHS 840

DDS Day and Employment Services

Ms. Lovely, Mrs. L'Italien, Messrs. Moore, Barrett, Lewis and Brownsberger, Ms. Gobi, Mr. Eldridge and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 5920-2025, by striking out the figure “$173,509,830” and inserting in place thereof the following figure:- “$183,209,830”.


Budget Amendment ID: FY2016-S3-841

EHS 841

Neonatal Abstinence Syndrome

Ms. Flanagan, Mrs. L'Italien and Mr. Moore moved that the proposed new text be amended in section 2, in item 4513-1000, By adding at the end thereof the following: “provided further that not less than $200,000 be expended for a statewide program to improve the care and training for newborns with neonatal abstinence syndrome at hospital-based facilities that care for mothers and newborns, including the ten level III neonatal intensive care units in the commonwealth; provided further, that the program shall encourage collaboration between medical providers, community organizations and public health agencies to educate and increase the standardization of practices while developing a robust statewide database to allow for measured improvements in care and outcomes for newborns with neonatal abstinence syndrome, including reductions in length of stay and pharmacologic treatment.”; and in said item by striking out the figures “$5,524,931” and inserting in place thereof the figures “5,724,931”


Budget Amendment ID: FY2016-S3-843

EHS 843

Home Care Management and Operations

Ms. Lovely, Messrs. Lewis and Moore, Ms. Flanagan, Mr. Joyce and Ms. Gobi moved that the proposed new text be amended in section 2, in item 9110-1633, by striking out the figure "$35,546,961" and inserting in place thereof the following figure:- "$39,546,961".


Budget Amendment ID: FY2016-S3-844

EHS 844

Department of Developmental Services Transportation

Messrs. Lewis and Moore, Ms. Lovely, Mr. Brownsberger, Ms. Gobi, Mr. Keenan, Ms. O'Connor Ives and Mr. Barrett moved that the proposed new text be amended in section 2, in item 5911-2000, by striking out the figure “$18,996,018” and inserting in place thereof the following figure:- “$21,996,018”.


Budget Amendment ID: FY2016-S3-845

EHS 845

Regional EMS

Messrs. Downing, Lesser and Eldridge moved that the proposed new text be amended in section 2, in item 4510-0790, by striking out the figure “$731,959” and inserting in place thereof the figure “$931,959”.


Budget Amendment ID: FY2016-S3-846

EHS 846

HIV-Associated Lipodystrophy Treatment

Mr. Montigny and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section ___, the following new sections:-

"SECTION ___. Chapter 32A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 17K the following section:-

Section 17L. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV- associated lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the commission.

SECTION ___. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 47DD the following section:-

Section 47EE. Any policy of accident and sickness insurance as described in section 108 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth; or any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth, shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer.

SECTION ___. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8FF the following section:-

Section 8GG. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV- associated lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer.

SECTION ___. Chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after section 4FF, the following section:-

Section 4GG. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV- associated lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer.

SECTION ___. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4X the following section:-

Section 4Y. Any individual or group health maintenance contract shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV- associated lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the insurer.

SECTION ___. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 10G the following section:-

Section 10H. The division shall provide coverage for medical or drug treatments to correct or repair disturbances of body composition caused by HIV- associated lipodystrophy syndrome, including but not limited to reconstructive surgery, such as suction assisted lipectomy, other restorative procedures, and dermal injections or fillers for reversal of facial lipoatrophy syndrome. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefits provided by the division."


Budget Amendment ID: FY2016-S3-847

EHS 847

Hospital Ebola Preparedness

Ms. Lovely moved that the proposed new text be amended in section 2, by inserting after item 4516-1000 the following item:

"xxxx-xxxx For the department of public health, which may expend not more than $1,400,000 to acute care hospitals in order to offset the costs incurred through compliance with the department’s ebola management clinical advisory; provided, that the funds be dispensed through a one-time, need-based application process; and provided further, that special consideration be given to hospitals that are not eligible for federal monies through the Hospital Preparedness Program Ebola Preparedness and Response Activities Funding Opportunity Announcement........................................................$1,400,000"


Budget Amendment ID: FY2016-S3-848

EHS 848

Macular Degeneration

Ms. Creem moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting, after the words "lupus database;" the following: ʺ(x) provided further, that $100,000 shall be expended for macular degeneration research into prevention and treatment at the Schepens Eye Research Instituteʺ; and in said item, by striking out the figures “$3,187,386“ and inserting in place thereof the figures “$3,287,386“


Budget Amendment ID: FY2016-S3-849

EHS 849

Increased Efficiency in Homelessness Prevention

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 1599-0017, by striking the words, “and to coordinate the delivery of public benefits and human services to families receiving benefits through item 7004-0101” and inserting in place thereof:-

“and to coordinate the delivery of public benefits and human services to families who apply for or are receiving benefits through items 7004-0101, 7004-0108, 7004-3036, 7004-9316 and to families who are homeless or at risk of homelessness through programs within the Executive Office of Health and Human Services”,

and further amended by inserting after the words, “the funds may be used for prevention, diversion, or stabilization” the following words:- “; provided further that such assistance shall be coordinated with the department of housing and community development to maximize impact and to avoid duplication of effort”,

and further amended by inserting after the words “the number of families who transition into stabilized housing” the following words:- “and the zip code of said stabilized housing”,

and further amended by striking the words “the number of families who returned to subsidized housing” and inserting in place thereof:- “the number of families who returned to shelter”.


Budget Amendment ID: FY2016-S3-850

EHS 850

New England Center for Homeless Veterans

Ms. Lovely and Mr. Rush moved that the proposed new text be amended in section 2, in item 1410-0251, by adding at the end thereof the following: "provided that $200,000 be expended for improvements to the living quarters of women veterans"; and in said item, by striking out the figures "$2,592,470" and inserting in place thereof the figures “$2,792,470”


Budget Amendment ID: FY2016-S3-851

EHS 851

Postpartum Depression Pilot Program

Ms. Lovely, Messrs. McGee, Brownsberger and Moore moved that the proposed new text 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: FY2016-S3-852

EHS 852

School Based Health Centers

Ms. Lovely, Messrs. Lewis and Eldridge moved that the proposed new text be amended in section 2, in item 4590-0250, by striking out the figure "$12,085,974" and inserting in place thereof the following figure:- "$12,307,055".


Budget Amendment ID: FY2016-S3-854

EHS 854

Samaritans Inc. of Boston

Mr. Petruccelli and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4513-1026, by inserting at then end thereof the following:-

“provided further that no less than $250,000 shall be expended for Samaritans Inc. of Boston and in said item striking out the figure “4,350,000” and inserting in place thereof the following figure:-$4,600,000”.


Budget Amendment ID: FY2016-S3-855-R1

Redraft EHS 855

Access to Medicated Assisted Treatment

Ms. Flanagan moved that the proposed new text be amended by inserting after section 105 the following section:- “SECTION 105A.  The division of insurance, in consultation with the bureau of substance abuse services, shall conduct a study of health plan pharmacy and medical benefit design for extended-release injectable naltrexone. The study shall include, but not be limited to, the average time from the issuance of a prescription for extended-release injectable naltrexone to the delivery of the medication and policies to expedite delivery and reduce barriers to patient access in all settings of care. The division and the bureau shall report their findings to the joint committee on mental health and substance abuse and the joint committee on financial services not later than October 1, 2015. “


Budget Amendment ID: FY2016-S3-856

EHS 856

Gavin Foundation

Ms. Forry and Mr. McGee moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following: “provided further, that not less than the amount appropriated in item 4512-0200 of Section 2 of chapter 165 of the Acts of 2014 shall be expanded for the Gavin Foundation,” and in said item, by striking out the figures by striking the figures “$93,869,903” and inserting in place thereof the figures “$94,119,903”.


Budget Amendment ID: FY2016-S3-857-R1

Redraft EHS 857

Comprehensive Review of Opiate Overdose Fatalities

Messrs. Keenan and Tarr, Ms. O'Connor Ives, Mr. Wolf, Ms. Forry and Mr. Ross moved that the proposed new text be amended by inserting after section 105 the following section:-

"SECTION 105A. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in collaboration with the department of public health shall conduct or provide for an examination of the prescribing and treatment history, including court ordered treatment or treatment within the criminal justice system, of persons in the commonwealth who suffered fatal opiate overdoses in calendar year 2014 and to make a report in an aggregate and de-identified form on trends discovered through the examination.

Notwithstanding any general or special law to the contrary, to facilitate the examination, the department shall request, and the relevant offices and agencies shall provide, any information necessary to complete the examination from the division of medical assistance, the executive office of public safety and security, the center for health information and analysis, the office of patient protection and the chief justice of the trial court, which may include, but shall not be limited to: data from the prescription drug monitoring program; the all-payer claims database; the criminal offender record information database; and the court activity record information. To the extent feasible, the department shall request data from the Massachusetts Sheriffs Association, Inc. relating to treatment within houses of correction.

Not later than February 1, 2016, the secretary for health and human services shall publish a report on the findings of the examination including, but not limited to: (i) instances of multiple provider episodes, meaning a single patient having access to opiate prescriptions from more than 1 provider; (ii) instances of poly-substance access, meaning a patient having simultaneous prescriptions for an opiate and a benzodiazepine or for an opiate and another drug which may enhance the effects or the risks of drug abuse or overdose; (iii) the overall opiate prescription history of the individuals, including whether the individuals had access to legal prescriptions for opiate drugs at the time of their deaths; (iv) whether the individuals had previously undergone voluntary or involuntary treatment for substance addiction or behavioral health; (v) whether the individuals had attempted to enter but were denied access to treatment for substance addiction or behavioral health; (vi) whether the individuals had received past treatment for a substance overdose; (vii) whether any individuals had been previously detained or incarcerated and, if so, whether they had received treatment during the detention or incarceration.

The report shall be filed with the clerks of the house of representatives and senate, and the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means.

Not later than October 1, 2015 the secretary shall file a work plan providing a status update on the report which describes the steps being taken to complete the report. The secretary shall file the report with the clerks of the house of representatives and senate and the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means."


Budget Amendment ID: FY2016-S3-858

EHS 858

Cape Verdean Community UNIDO

Ms. Forry moved that the proposed new text be amended in section 2, in item 4003-0122, by adding the following: “provided further, that not less than $75,000 shall be expended for Cape Verdean Community UNIDO, Inc. to support outreach to immigrants in the Roxbury and Dorchester areas of Boston”; and in said item, by striking out the figures “$400,000” and inserting in place thereof the figures “$475,000”.


Budget Amendment ID: FY2016-S3-860-R2

2nd Redraft EHS 860

Harvard Neighborhood Health Center

Ms. Forry moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting the following words:

; provided further, that not less than $25,000 shall be expanded for 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";

and in said section2, in said item 4000-0300, by striking out the figure "90,898,463" and inserting in place thereof the following figure:- "90,923,463".


Budget Amendment ID: FY2016-S3-861

EHS 861

Third Party Liability Study

Ms. Gobi and Mr. Moore moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following:

 

“; provided further, that a task force shall be established within MassHealth and funds may be used to hire a consultant with experience in health care finance to analyze processes relative to Third Party Liability billing of Medicare-certified home health agencies to determine possible efficiencies and streamlining, including, but not limited to, homebound status of patients, determining eligibility in the field, and costs of Third Party Liability Activities since January 2011”.


Budget Amendment ID: FY2016-S3-862

EHS 862

Child Savings Accounts

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

“SECTION XX.  Section 25 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting, after subsection (5), the following subsection:-

(6) A college savings account established and maintained pursuant to, or consistent with, section 529 of the Internal Revenue Code

SECTION X.  Subsection (b) of section 110 of chapter of the acts of 1995, as amended by section 22 of chapter 158 of the acts of 2014, is hereby further amended by inserting at the end thereof the following:- “; provided further, that an assistance unit shall be allowed the value and balance of a college savings account established and maintained pursuant to, or consistent with, section 529 of the Internal Revenue Code”.


Budget Amendment ID: FY2016-S3-863

EHS 863

Louis D. Brown Peace Institute

Ms. Forry moved that the proposed new text be amended in section 2, by inserting after item 4513-1026 the following item:

 

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


Budget Amendment ID: FY2016-S3-864

EHS 864

Horizons for Homeless Children’s Playspace Program

Ms. Forry, Messrs. Rush, Brownsberger, Rodrigues and Moore, Mrs. L'Italien, Ms. O'Connor Ives, Ms. Lovely, Mr. McGee, Ms. Gobi, Messrs. Kennedy, Montigny and Ross moved that the proposed new text be amended in section 2, in item 7004-0101, by adding the following “ provided further, that no less than $75,000 shall be expended for the Playspace Program operated by Horizons for Homeless Children "; and in said item, by striking out the figures “$153,873,948” and inserting in place thereof the following figures “$153,948,948”.


Budget Amendment ID: FY2016-S3-866

EHS 866

Labouré Center Recovery

Ms. Forry moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting at the end thereof the following: “provided, that no less than $75,000 shall be expanded for the operation of the Catholic Charities Labouré Center and its Recovery Connections program”; and in said item, by striking out the figures “$277,894,460” and inserting in place thereof the following figures “$277,969,460”.


Budget Amendment ID: FY2016-S3-867

EHS 867

Integrative Care Partnership Program

Ms. Forry moved that the proposed new text be amended in section 2, in item 4510-0110, by adding at the end thereof the following: “provided, that not less than $50,000 shall be expended for the Mattapan Integrative Care Partnership Pilot program among the Mattapan Community Health Center, Mattahunt Community Center, Mattahunt Elementary School, and the Wheelock College Social Work Department for a behavioral health practice at the Mattapan Community Health Center and 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 item, by striking out the figures “$1,045,901” and inserting in place thereof the figures “$1,095,901”.


Budget Amendment ID: FY2016-S3-868

EHS 868

South Boston Collaborative

Ms. Forry moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following: “provided, that programs in substantial regulatory and contractual compliance shall receive not less than the same level of funding in fiscal year 2016 as received in fiscal year 2015".


Budget Amendment ID: FY2016-S3-869

EHS 869

Massachusetts Hospital School Summer Program

Mr. Joyce moved that the proposed new text be amended in section 2, in item 4590-0915, by adding at the end thereof the following:-

provided further, that not less than $100,000  shall be expended for the Massachusetts Hospital School Summer Program;


Budget Amendment ID: FY2016-S3-871

EHS 871

South Boston Community Health Center

Ms. Forry moved that the proposed new text be amended in section 2, in item 4510-0110, by adding the following: “provided further, that no less than $100,000 shall be expanded for the operation and implementation of the South Boston Community Health Center and its Youth Ambassador Program and South Boston Leadership Initiative,” and in said item, by striking the figures “$1,045,901” and inserting in place thereof the figures “$1,145,901”.


Budget Amendment ID: FY2016-S3-872

EHS 872

Public Health Initiative

Ms. Forry moved that the proposed new text be amended in section 2, in item 4513-1111, by adding the following: “provided that not less than $50,000 be expended to fund the Haitian American Public Health Initiative to provide vital healthcare and education services to families and children in the Haitian community in the City of Boston and Town of Milton;” and in said item, by striking out the figures “$3,187,386” and inserting in place thereof the following figures “$3,237,386


Budget Amendment ID: FY2016-S3-873

EHS 873

community Health Centers Substance Abuse Treatment

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- “provided that not less than $75,000 shall be expended for development and administration of a program to prevent and treat addiction to opioid and related substances and that the program shall be administered by a community health center agency that has a 24/7 emergency department licensed as a satellite emergency facility under 105 CMR 130”; and by striking out the figure “$93,869,903” and replacing it with the following: “$93,944,903.” 


Budget Amendment ID: FY2016-S3-876

EHS 876

Public Health Data Warehouse Trust Fund

Mr. Lewis moved that the proposed new text be amended SECTION X. The Chapter 17 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, are hereby amended by inserting after Section 19 the following new Section:-

 

Section 20: There shall be established upon the books of the commonwealth a separate fund to be known as the Public Health Data Warehouse Trust Fund to be expended, without further appropriation, by the department of public health. The commissioner of public health shall, as trustee, administer the fund. The fund shall consist of revenues collected by the commonwealth including: (i) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (ii) any funds from public and private sources, including gifts, grants and donations; (iii) any interest earned on such revenues; and (iv) any funds provided from other sources. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit at the close of a fiscal year. Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund. and

 

that the bill be amended in Section 2, by inserting after line item 4580-1000 the following item:- "XXXX-XXXX For the Public Health Data Warehouse Trust Fund.................................$4,000,000


Budget Amendment ID: FY2016-S3-877-R1

Redraft EHS 877

Julie's Family Learning Program

Ms. Forry moved that the proposed new text be amended in section 2, in item 4800-0038, by adding the following: “provided further, that no less than $75,000 shall be expanded for Julie’s Family Learning Program“; and in said item, by striking out the figures “$277,894,460” and inserting in place thereof the following figure: “$277,969,460".


Budget Amendment ID: FY2016-S3-880

EHS 880

Prostate Cancer Research

Messrs. Brownsberger, Lewis, Moore, Rush, Welch and deMacedo, Ms. Forry and Mr. Pacheco moved that the proposed new text be amended in section 2, by striking out item 4590-0925 and inserting in place thereof the following item:-

 

"4590-0925     For the costs of a prostate cancer awareness and education program focusing in particular on men with Afro-American heritage, family history of the disease, and other men at high risk; provided, that the department of public health shall oversee and manage said program and shall grant not less than eighty-five percent of the funds from this item to a non-profit foundation that shall leverage existing partnerships with other state-funded non-profit organizations and current and past federally, state and privately funded prostate cancer programs aimed at saving lives, improving quality of life and reducing health care costs.............................................$1,000,000"


Budget Amendment ID: FY2016-S3-882

EHS 882

Academic detailing

Messrs. Lewis and Montigny moved that the proposed new text be amended SECTION X. Chapter 111 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 4N and inserting in place thereof the following section:-

 

Section 4N. (a) The department shall develop, implement and promote an evidence-based outreach and education program about the therapeutic and cost-effective utilization of prescription drugs for physicians, pharmacists and other health care professionals authorized to prescribe and dispense prescription drugs. In developing the program, the department shall consult with physicians, pharmacists, private insurers, hospitals, pharmacy benefit managers, and the MassHealth drug utilization review board.

(b) The program shall arrange for physicians, pharmacists and nurses under contract with the department to conduct face-to-face visits with prescribers, utilizing evidence-based materials and borrowing methods from behavioral science, educational theory and, where appropriate, pharmaceutical industry data and outreach techniques; provided, however, that to the extent possible, the program shall inform prescribers about therapeutically-equivalent pharmaceutical alternatives or other evidence-based treatment options.

The program shall include outreach to: physicians and other health care practitioners who participate in MassHealth, the subsidized catastrophic prescription drug insurance program authorized in section 39 of chapter 19A or the commonwealth care health insurance program; other publicly-funded, contracted or subsidized health care programs; academic medical centers; and other prescribers.

The department shall, to the extent possible, utilize or incorporate into its program other independent educational resources or models proven effective in promoting high quality, evidenced-based, cost-effective information regarding the effectiveness and safety of prescription drugs, including, but not limited to: (i) the Pennsylvania PACE/Harvard University Independent Drug Information Service; (ii) the Academic Detailing Program of the University of Vermont College of Medicine Area Health Education Centers; (iii) the Oregon Health and Science University Evidence-based Practice Center's Drug Effectiveness Review project; and (iv) the South Carolina evidence-based peer-to-peer education program outreach program and (v) research on academic detailing to improve prescribing by faculty at Harvard Medical School/Brigham and Women’s Hospital.

(c) The department shall work with MassHealth to obtain access to aggregated prescription data by provider on an ongoing basis for the use of the evidence-based outreach and education program. The department, in conjunction with the executive office of health and human services, shall report to the house and senate committees on ways and means, no later than 6 months after the passage of this act, on data sharing obstacles that may be interfering with effective outreach.

(d) The department may establish and collect fees for subscriptions and contracts with private payers. The department may seek funding from nongovernmental health access foundations and undesignated drug litigation settlement funds associated with pharmaceutical marketing and pricing practices, as well as other sources to ensure the ongoing support for this service.

(e) The department shall establish a fee to be assessed on each pharmaceutical and medical device company that registers with the department annually pursuant to section 6 of chapter 111N. The fee shall be used to fund the academic detailing program pursuant to this section. The department shall set the fee at a level to meet the needs of the program to be determined on an annual basis. The department shall establish regulations for the payment of these fees.

(f) Funds shall be set aside for the purposes of program evaluation to assess the effectiveness and cost-savings associated with this program.

SECTION XX. The department of public health shall promulgate regulations implementing this act no later than 6 months after its passage.


Budget Amendment ID: FY2016-S3-885

EHS 885

Self Esteem

Mr. Petruccelli and Ms. Forry moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:  “provided that not less than $150,000 shall be expended for Self-Esteem Boston’s direct services programs for women in the Boston region and provider training programs”; and in said item, by striking out the figures “$93,869,903” and inserting in place thereof the figures, “$94,019,903”


Budget Amendment ID: FY2016-S3-887

EHS 887

Vocational Rehabilitation for the Blind

Ms. Creem and Mr. Barrett moved that the proposed new text be amended in section 2, in item 4110-3010, by striking out the figure "$3,007,613" and inserting in place thereof the following figure:- "$3,307,613"


Budget Amendment ID: FY2016-S3-888

EHS 888

Rossetti Cowan Senior Center

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 9110-9002, by adding at the end thereof the following:“provided that not less than $150,000 shall be expended for the Rossetti-Cowan Senior Center in Revere” and by striking the figure “$11,500,000” and inserting in place the following:  “$11,650,000”


Budget Amendment ID: FY2016-S3-889

EHS 889

Veterans' Homelessness Services

Messrs. Downing, Rush, Tarr and Eldridge, Ms. Gobi and Ms. Forry moved that the proposed new text be amended in section 2, in item 1410-0250, by inserting at the end thereof the following:- “and provided further, that veteran homeless service centers shall receive a 5 per cent increase in funding over the funds received in fiscal year 2015”


Budget Amendment ID: FY2016-S3-890

EHS 890

Veterans Outreach Centers

Messrs. Downing and Rush and Ms. Forry moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting at the end thereof the following:- “and provided further, that veterans outreach centers shall receive a 5 per cent increase in funding over the funds received in fiscal year 2015”


Budget Amendment ID: FY2016-S3-891-R2

2nd Redraft EHS 891

Technical amendment related to vital records

Mr. Lewis moved that the proposed new text be amended by inserting after section 30 the following section:-

SECTION 30A. Section 13 of chapter 46 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e)(1) If a person has completed medical intervention for the purpose of permanent sex reassignment, the birth record of that person shall be amended to permanently and accurately reflect the reassigned sex if the following documents have been received by the state registrar or town clerk:

(i) an affidavit executed by the person to whom the record relates or by the parent or guardian if such person is a minor indicating the individual’s sex; and

(ii) a physician’s notarized statement that the person has completed medical intervention, appropriate for that individual, for the purpose of permanent sex reassignment and is not of the sex recorded on the record.

(2) The affiant shall furnish a certified copy of the legal change of name if the affiant is seeking a birth record with the legal change of name instead of the name as appearing on the birth record prior to the amendment.”


Budget Amendment ID: FY2016-S3-892

EHS 892

Pancreatic Cancer Prevention and Screening

Messrs. deMacedo, Tarr, Ross, Hedlund, Fattman, Moore and Humason moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting after the word “reduction” the following words:- “(x) pancreatic cancer prevention and screening.”.


Budget Amendment ID: FY2016-S3-893

EHS 893

Home Care

Ms. O'Connor Ives moved that the proposed new text be amended by inserting, after section XX, the following new section:-

 

"SECTION XX. Chapter 118E of the General Laws is hereby amended by inserting after Section 77, the following:

 

Section 78: Any non-profit home health agency in the Commonwealth providing Title XIX services in accordance with 114.3 CMR 50.00 and with Medicaid services comprising at least 7 percent of their total visits shall qualify for a Community-Based Safety Net Adjustment. Said adjustment shall amount to no less than 22 percent for skilled nursing, physical therapy, occupational therapy and speech therapy and 18 percent for home health aide services; provided further those adjustments and the base rate would remain at the same level past 60 days of service.

 

The adjustment shall not apply to non- profit agencies who currently receive an episodic payment rate for their Medicaid population."


Budget Amendment ID: FY2016-S3-894

EHS 894

Monponsett Pond Water Testing

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4510-0600, by adding the following: “provided further, that not less than $20,000 be allocated to the Monponsett Watershed Association for testing and reporting of cyanobacteria and related contaminants in Monponsett Pond in the Towns of Halifax and Hanson for the period July 1, 2015 through September 30, 2015”; and in said item by striking out the figures “$4,462,669” and inserting in place thereof the figures “4,482,669”


Budget Amendment ID: FY2016-S3-895

EHS 895

Nursing Home Medicaid Payments

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

“SECTION ____.  Section 8 of chapter 118E of the General Laws is hereby amended by inserting after the definition of “executive office” the following definition:-

b 1/4. “Fiduciary”, a personal representative or trustee to whom power or property has been formally entrusted for the benefit of another, including, but not limited to, an executor, administrator, successor personal representative, special administrator, or a person performing substantially the same function.

SECTION ____. Section 15 of chapter 118E of the General Laws is hereby amended by inserting after paragraph 4, the following paragraph:-

Any person who acts as a fiduciary for a person eligible for assistance and who fails to provide the first 60 dollars of monthly income or to pay for the amount of income that a resident is required to contribute for their care as established by Medicaid shall be liable for such financial loss.”


Budget Amendment ID: FY2016-S3-896

EHS 896

MassHealth dental restoration

Mr. Lewis, Mrs. L'Italien, Mr. Barrett and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4000-0700, by adding at the end thereof the following: “; provided further that no less than $68,000,000 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 in section 2, in line item 4000-0700, by striking out the figure “$2,469,752,092” and inserting in the place thereof the figure:- “$2,537,752,092.”; and by striking out section 61


Budget Amendment ID: FY2016-S3-897

EHS 897

Patient Medication Adherence

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

 

“SECTION __. (a) The department of public health shall implement a two-year institutional pharmacy discharge medication pilot program for the purposes of ensuring patient medication adherence; provided that the department shall define institutional pharmacies as retail pharmacies for the purposes of implementing the program.  Such a program shall: (1) allow institutional pharmacies to be treated like retail pharmacies for the purposes of providing medication to a patient at the time of discharge; and (2) allow hospitals licensed pursuant to section 51 of Chapter 111 of the General Laws and hospital pharmacists that hold a current license to practice pharmacy in the commonwealth to provide a 14-day supply of medication to a patient at the time of discharge and to perform medication review, reconciliation and counseling.

 

(b) If at the end of the 2-year pilot the department of public health determines that the program has improved medication adherence, the department of public health shall remove any regulatory barriers that prohibit such a program from expanding.”


Budget Amendment ID: FY2016-S3-898-R1

Redraft EHS 898

Promoting Addiction Recovery and Overdose Prevention in Plymouth County

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4512-0200,

by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the Gosnold Treatment Center for on-call recovery coaching services for patients presenting with opiate addiction at emergency rooms in Plymouth County”.


Budget Amendment ID: FY2016-S3-899

EHS 899

Pediatric Care

Messrs. Petruccelli, Lewis, Brownsberger, Rush, Eldridge and Kennedy, Mrs. L'Italien and Ms. Forry moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end thereof the following:

“provided further, that in calculating rates of payment for children enrolled n 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 this item in Chapter 83 of the acts of 2013.”


Budget Amendment ID: FY2016-S3-900

EHS 900

Establishing a Commission to Study Pancreatic Cancer

Messrs. deMacedo, Tarr, Ross, Hedlund, Fattman, Moore and Humason moved that the proposed new text be amended in section 2, by inserting the following section: "SECTION XXXX. A special commission, to consist of 13 members as follows: the secretary of the executive office of health and human services, or a designee; the commissioner of public health, or a designee; the commissioner of insurance, or a designee; and 10 members who shall be appointed as follows: 3 members appointed by the senate president, 1 of whom shall be the senate chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with Pancreatic Cancer and 1 of whom is a medical specialist in Pancreatic Cancer; 3 members appointed by the speaker of the house of representatives, 1 of whom shall be the house chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with Pancreatic Cancer and 1 of whom is a medical specialist in Pancreatic Cancer; and 4 members appointed by the governor, 1 of whom shall be a person with Pancreatic Cancer, 1 of whom is a medical specialist in Pancreatic Cancer, and 2 members of the public with demonstrated expertise in issues relating to the work of the commission, is hereby established for the purpose of making an investigation and study to:

 

(1) establish a mechanism in order to ascertain the prevalence of Pancreatic Cancer in Massachusetts, and the unmet needs of persons with Pancreatic Cancer and those of their families; collect time of diagnosis statistics and likely risks for Pancreatic Cancer;

 

(2) study Pancreatic Cancer prevention, screening, education and support programs for Pancreatic Cancer in the Commonwealth;

 

(3) provide recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with Pancreatic Cancer and their families and how to effectuate an early diagnosis and treatment for Pancreatic Cancer patients.

 

Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.

 

The commission shall organize within 120 days following the appointment of a majority of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the commission.

 

The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as provided by section 2A of chapter 4 of the General Laws.

The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any state, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.

 

The executive office of health and human services shall provide staff support to the commission.

 

The commission shall report to the General Court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the Clerk of the Senate and the Clerk of the House of Representatives on or before December 31, 2015.".

 


Budget Amendment ID: FY2016-S3-901-R1

Redraft EHS 901

Task Force on Bulk Purchase of Prescription Medications

Messrs. Rush and Joyce moved that the proposed new text be amended in section 97, by striking out the second paragraph and inserting in place thereof the following paragraph:-

“The task force shall consist of17 members: the commissioner of public health or a designee who shall serve as chair; the chief of pharmacy at the state office of pharmacy services or a designee; the commissioner of mental health or a designee; the commissioner of developmental services or a designee; the secretary of veterans’ services or a designee; the commissioner of correction or a designee; the executive director of the group insurance commission or a designee; the attorney general or a designee; the president of the Massachusetts Sheriffs Association, Inc. or a designee; the president of the Massachusetts Biotechnology Council or a designee; the chairperson of the Massachusetts Chamber of Commerce or a designee; and 6 members to be appointed by the governor, 1 of whom shall be a health care economist, 1 of whom shall be a pharmacist registered by the board of registration of pharmacy, 1 of whom shall be a county or municipal representative, 1 of whom shall be a representative of a nonprofit community health center, 1 of whom shall be a patient advocate and 1 of whom shall have experience with multistate prescription drug bulk purchase consortiums.  The task force shall file its report and any proposed legislation with the clerks of the senate and the house of representatives, the joint committee on health care financing and the house and senate committees on ways and means not later than March 1, 2016.”


Budget Amendment ID: FY2016-S3-902

EHS 902

Report on MassHealth Bulk Purchase of Prescription Medications

Messrs. Rush and Joyce moved that the proposed new text be amended by striking out section 98 and inserting in place thereof the following section:-

“SECTION 98. The office of Medicaid shall investigate and provide a report on potential cost savings for prescription medications including, but not limited to, the feasibility of joining a Medicaid multistate prescription drug bulk purchase consortium and pursuing new supplemental rebates from prescription drug manufacturers.  The report shall include: (i) an update on existing supplemental rebates; (ii) recommendations to increase the amount of supplemental rebates received; (iii) estimated cost savings related to joining a Medicaid multistate prescription drug bulk purchase consortium; (iv) estimated administrative savings or other increased efficiencies related to joining a Medicaid multistate prescription drug bulk purchase consortium; and (v) opportunities for managed care organizations to receive similar rebates or discounts, and (vi) an assessment of the potential impact of potential cost savings initiatives on patient access to innovative medicines.  In assessing potential cost savings for prescription medications, the report shall consider cost savings that may result from the utilization of innovative medications including, but not limited to, decreased or avoided hospital stays and reduced long-term chronic care costs.  The office shall file the report with the clerks of the house of representatives and senate, the chairs of the joint committee on health care financing and the house and senate committees on ways and means not later than February 1, 2016.”


Budget Amendment ID: FY2016-S3-903

EHS 903

Healthy Relationships Grant Program

Messrs. Eldridge, Barrett, Ross and Keenan, Ms. Donoghue, Messrs. Brownsberger, Welch, Moore, McGee, Lewis and Joyce, Ms. Lovely and Mr. Montigny moved that the proposed new text be amended in section 2, by inserting after 4513-1130 the following item:- “4513-1131 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 2016; 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: FY2016-S3-904-R2

2nd Redraft EHS 904

Detention Diversion Advocacy Program

Messrs. Barrett and Eldridge moved that the proposed new text be amended in section 2, in item 4200-0200, by adding at the end thereof the following:- “provided, that the department shall expend not less than $500,000 to expand the Detention Diversion Advocacy Program, to be coordinated by the Robert F. Kennedy Children’s Action Corps, that prevents high risk juveniles presenting before the court from penetrating further into the juvenile justice system”; and in said item, by striking out the figure “$26,687,833” and inserting in place thereof the figure “$27,187,833”.


Budget Amendment ID: FY2016-S3-905-R1

Redraft EHS 905

New North Citizens Council

Mr. Welch moved that the proposed new text be amended in section 2, in item 4513-1111, by inserting the following:- "provided that not less than $35,000 be expended for the Latinas Imitating Positive Steps program at the New North Citizens Council"; and, in said item 4513-1111 by striking out the figure “$3,187,386” and inserting in place thereof the following figure:- “$3,222,386".


Budget Amendment ID: FY2016-S3-907

EHS 907

Homemaker Salary Reserve

Mr. Barrett, Ms. Forry, Messrs. Moore, Brownsberger and Lewis, Ms. Gobi, Ms. Lovely, Ms. Donoghue, Mr. Eldridge and Mrs. L'Italien moved that the proposed new text be amended in section 2, by inserting after item 9110-1633 the following item:

“9110-1635  For an adjustment to increase the approved program rates issued under 114.4 CMR 17.03 to provide a rate add-on for wages, compensation and/or salary and associated employee-related costs to personnel providing homemaker and personal care homemaker services to elderly clients under items 9110-1500, 9110-1630, and 4000-0600………………………………………$3,000,000

Community First Trust Fund………………… 100%”


Budget Amendment ID: FY2016-S3-908-R1

Redraft EHS 908

Boys & Girls Clubs

Mr. Lesser, Ms. Gobi, Mr. Lewis, Mrs. L'Italien, Ms. Forry, Mr. Moore, Ms. Flanagan, Mr. Fattman, Ms. Lovely, Messrs. Eldridge, Rodrigues, Welch, Humason, Kennedy and Brownsberger, Ms. Donoghue, Messrs. McGee, Joyce and deMacedo moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the text and inserting in place thereof the following:

For matching grants to the Massachusetts Alliance of Boys & Girls Clubs, Inc., the Alliance of Massachusetts YMCAs, Inc., the YWCA organizations, nonprofit community centers and teen empowerment and youth development programs; provided, that the department of public health shall award at least the full amount of each grant to each organization previously included in the youth-at-risk grants, provided that those organizations applied for funds in fiscal year 2016, upon commitment of matching funds from those organizations; provided further, that the department of public health shall award not less than $1,100,000 to the Massachusetts Alliance of Boys & Girls Clubs, Inc., which shall be distributed equally between the alliance’s member organizations; and 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..........$3,800,000”


Budget Amendment ID: FY2016-S3-909-R2

2nd Redraft EHS 909

North Shore Health Project

Mr. Tarr moved that the proposed new text be amended in section 2, in item 4512-0103, by inserting after the words “HIV/AIDS and associated conditions;” the following words:-

“provided further, that not less than $80,000 shall be expended to conduct a hepatitis C pilot program at the North Shore Health Project”; and

in said section 2, in said item 4512-0103, by striking out the figure “33,000,000” and inserting in place thereof the following figure:- “33,080,000”.


Budget Amendment ID: FY2016-S3-910

EHS 910

DCF Family Support and Stabilization Services

Messrs. Barrett, Moore, Lewis and McGee, Ms. Chang-Diaz, Messrs. Brownsberger and Eldridge, Ms. Forry and Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 4800-0040, by adding at the end thereof the following:- “provided that not less than $1,000,000 be expended on a pilot program to increase the frequency and improve the effectiveness of interactions between birth parents and their children who are in the custody of the department and have reunification as a permanency planning goal; and provided further that the department shall submit a plan to the clerks of the house of representatives and senate, the joint committee on children, families and persons with disabilities, and the house and senate committees on ways and means by November 1, 2015, describing how these pilot funds will be expended”; and in said item, by striking out the figure “45,610,551” and inserting in place thereof the figure “$50,000,000”.


Budget Amendment ID: FY2016-S3-911

EHS 911

UMass Memorial Children’s Medical Center - Down Syndrome Clinic

Ms. Chandler, Mr. Moore and Ms. Gobi moved that the proposed new text be amended in section 2, By inserting the following line item:- “Line Item 4510-3010 -- For a grant to the UMass Memorial Children’s Medical Center Massachusetts Down Syndrome Clinic based on the patient centered medical home concept. …………$150,000”


Budget Amendment ID: FY2016-S3-912-R1

Redraft EHS 912

Naloxone Trust Funding Sources

Messrs. Keenan and Joyce, Ms. Forry and Ms. Lovely moved that the proposed new text be amended in section 27, in subsection (b) of proposed section 2SSSS of chapter 29 of the General Laws, by striking out the first sentence and inserting in place thereof the following 2 sentences:- “The fund shall consist of: (i) payments made by participating municipalities for the purchase of naloxone; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund.  Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing naloxone through the program.”; and

 

in said section 27, by striking out, in line 323, the words “Monies deposited in the fund that are unexpended” and inserting in place thereof the following words:- “Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund”.


Budget Amendment ID: FY2016-S3-913

EHS 913

Taunton State Hospital

Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, by striking out the wording after “Worcester Recovery Center and Hospital,” and inserting in place thereof the following new text:-

"provided further that in fiscal year 2016, the department shall operate no fewer continuing care inpatient beds than in fiscal year 2015 and of these beds 54 beds shall be continuing care inpatient beds on the campus of Taunton State Hospital;   provided further, that the department shall take no action in fiscal year 2016 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 vendor-operated lease agreements, or agreements for  expansion of  existing vendor-operated programs,  and provided further that the department shall not enter into new interagency agreements or expansion of existing interagency agreements, programs or facilities until the department, in conjunction with the division of capital asset management and maintenance, has developed a comprehensive long term use  master plan for the campus with appropriate community input  that is consistent with maintaining  publicly provided mental health services currently delivered on campus,  the plan shall include maintaining existing affiliations with institutions of higher education and possible future relationships with these institutions and others to maintain the sustainability of said campus, no sooner than  March 2, 2016; provided further, nothing in the plan shall be inconsistent with maintaining the campus of Taunton State Hospital as a publicly run mental health facility, or prohibit the inclusion of behavioral health programs or publicly run pilot programs to meet the needs of servicing individuals with mental health, behavioral health and those dual-diagnosed on the campus as part of the comprehensive master plan;  and provided further that the plan shall be submitted 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: FY2016-S3-914

EHS 914

East School

Mr. Ross moved that the proposed new text be amended in section 2, in item 5911-1003, by adding the following words:- “; provided that not less than $150,000 shall be expended for the East School”; and

in said section 2, in said item, by striking out the figure “69,496,985” and inserting in place thereof the following figure:- “69,646,985”.


Budget Amendment ID: FY2016-S3-915-R1

Redraft EHS 915

Nursing Facility Wage Passthrough

Ms. Chandler, Messrs. Moore and Lewis, Mrs. L'Italien, Ms. Gobi, Messrs. Rush, Keenan, Wolf, McGee and Rodrigues, Ms. Donoghue, Ms. Flanagan, Messrs. Montigny and Eldridge, Ms. Lovely, Mr. Kennedy, Ms. O'Connor Ives, Ms. Forry, Messrs. Pacheco, deMacedo, Barrett, Lesser, Brownsberger, Welch, Timilty, Hedlund, Donnelly and Humason moved that the proposed new text be amended in section 2, in item 4000-0640, by adding the following words:- “provided further, that not less than $5,000,000, or 70 per cent of any supplemental rate reimbursements in excess of $291,600,000 made pursuant to this item in fiscal year 2016 shall be expended to fund a rate add-on for wages, benefits and related employee costs of direct care staff of nursing homes; provided further, that the MassHealth agency shall adopt all additional regulations and procedures necessary to carry out this section”; and

in said section 2, in said item 4000-0640, by striking out the figure “291,600,000” and inserting in place thereof the following figure:- “296,600,000”.


Budget Amendment ID: FY2016-S3-916-R1

Redraft EHS 916

Head Injury Treatment Services

Ms. Chandler, Messrs. Barrett and Moore, Mrs. L'Italien, Messrs. Lewis, McGee and Keenan and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4120-6000, by adding the following words:- “; provided, that notwithstanding any general or special law to the contrary, the commission shall establish a pilot community center to be located in Worcester county by June 30, 2016”; and

by striking out the figure “14,817,983” and inserting in place thereof the following figure:- “15,817,983”.


Budget Amendment ID: FY2016-S3-918

EHS 918

Immigrant Mental Health

Ms. Creem moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting after the word “clubhouses” 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$374,440,785” and inserting in place thereof the figures “$374,590,785”.


Budget Amendment ID: FY2016-S3-919

EHS 919

Domestic Violence Prevention

Ms. Creem, Messrs. Brownsberger, Lewis, Moore, McGee, Eldridge and Keenan, Ms. Lovely, Mrs. L'Italien, Mr. Barrett, Ms. Forry and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4513-1130, by adding 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 in said item, by striking out the figures "$5,827,078" and inserting in place thereof the figures "$7,500,000"


Budget Amendment ID: FY2016-S3-920

EHS 920

Springfield Veterans

Mr. Welch moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting the following:- "provided further that not less than $300,000 shall be expended to the Veterans First Outreach Center c/o Springfield Chapter 0102 National Association for Black Veterans, Inc., to provide outreach services for Veterans in Hampden County, and the area of services shall include veterans from World War II through Iraq and Afghanistan veterans, who are in need of ongoing veterans outreach services"; and, in said item 1410-0012 by striking out the figure “$3,073,641” and inserting in place thereof the following figure:- “$3,373,641


Budget Amendment ID: FY2016-S3-921

EHS 921

Elder Protective Services  Fast Teams

Messrs. Brownsberger and Rush, Ms. Gobi, Messrs. Moore and Lewis moved that the proposed new text be amended in section 2, in item 9110-1636, by adding at the end thereof the following: “provided, that not less than $50,000 shall be expended for the establishment of and administrative support of regional Financial Abuse Specialist 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; and 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, 2016.”


Budget Amendment ID: FY2016-S3-922

EHS 922

FAST teams

Messrs. Lewis and Rush and Ms. Gobi moved that the proposed new text be amended in section 2, in item 9110-1636, by adding the following words:- "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; and 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, 2016."


Budget Amendment ID: FY2016-S3-923

EHS 923

Veterans First

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting the following:- "provided, that not less than $300,000 shall be expended for the Springfield Partners for Community Action's Veterans First Program to provide comprehensive outreach services to veterans in Hampden county"; and, in said item 1410-0012 by striking out the figure “$3,073,641” and inserting in place thereof the following figure:- “$3,373,641”.


Budget Amendment ID: FY2016-S3-924-R1

Redraft EHS 924

Stroke Prevention and Awareness

Mr. Montigny and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4513-1121, by adding the following words:- "; provided further, that the department of public health shall expend not less than $200,000 to provide educational programming as part of the F.A.S.T campaign on the signs and symptoms of stroke and stroke warning signs with a focus on communities that have the highest incidence of stroke, which shall not be used for personnel costs; provided further, that the department of public health shall provide quality improvement measures, that align with the stroke consensus metrics by utilizing a nationally recognized data set platform, and expand the statewide registry that compiles information and statistics on stroke care using confidentiality standards not less secure than a nationally recognized data set platform, known as the stroke registry data platform; provided further, that the department shall expend not less than $200,000 to require all primary stroke service hospitals and emergency medical services agencies to report data consistent with nationally recognized guidelines on the treatment of individuals with confirmed stroke in the commonwealth; provided further, that not less than $100,000 shall be expended to oversee the operation and administration of designated primary stroke service hospital programs, established by 105 CMR 130.1400; and provided further, that said funds shall be used to collect and analyze data from designated primary stroke service hospitals in the commonwealth and for the salary of a full-time surveyor who shall be primarily responsible for ensuring compliance with primary stroke service designation criteria”; and

 

by inserting after section 104 the following section:-

"SECTION 104A. (a) Notwithstanding any general or special law to the contrary, the department of public health shall establish guidelines for establishing a statewide stroke system of care and shall develop a program of accreditation that shall designate  tiered stroke centers of care that include acute ready, primary stroke centers and comprehensive stroke center .The department shall incorporate any existing hospital stroke designations that are nationally recognized including but not limited to the Joint Commission, American Heart Association and department of public health to reduce duplicative accreditation requirements. The department may suspend or revoke a hospital’s designation, after notice and a hearing, if the department of public health determines that the hospital is not in compliance with the requirements of this section. The department shall promulgate regulations to implement the program by June 30, 2016.

 

(b) The office 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. The protocols shall include, but not be limited to, plans based on a specified time frame upon the onset of symptoms for the triage and transport of stroke patients to the closest and most appropriate stroke center of care. The office shall also provide training and outreach to emergency medical service providers on these pre-hospital care protocols and also provide technical assistance on the implementation of these protocols.

(c) The department shall convene an advisory board to provide recommendations to the department when developing regulations under subsection (a) and pre-hospital care protocols under subsection (b). In making its recommendations the board shall consider: (i) current stroke data; (ii) stroke systems of care; (iii) medical best practices; (iv) point of entry protocols; (v) current stroke guidelines; (vi) existing stroke system accreditation programs that may be accepted by the department to meet the department’s established tier designations or criteria; and (vii) any relevant information needed by the board to make its recommendations.

The board shall consist of 11 members appointed by the commissioner of public health: 2 directors of regional emergency medical services councils or their designees; a representative from the American Heart Association, Inc.; the president of the Massachusetts Hospital Association, Inc. or a designee; the president of the Massachusetts Council of Community Hospitals, Inc. or a designee; a representative of the Massachusetts Ambulance Association, Incorporated; the president of the Professional Fire Fighters of Massachusetts or a designee; the president of the Massachusetts College of Emergency Physicians, Inc. or a designee; a representative of the Massachusetts Neurological Association.; the president of the Massachusetts Medical Society or a designee; and a patient advocate. Appointees shall serve without compensation. The board shall make preliminary recommendations to the commissioner of public health not later than December 14, 2015. The board shall provide ongoing advisory support as determined necessary by the commissioner."


Budget Amendment ID: FY2016-S3-925-R1

Redraft EHS 925

Teen Empowerment

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting at the end thereof the following:-

“and provided further, that the department shall award not less than $100,000 to the Center for Teen Empowerment, Inc.”;

and by striking out the figure “3,700,000” and inserting in place thereof the following figure:-

“3,800,000”.


Budget Amendment ID: FY2016-S3-926

EHS 926

Performance Audit

Messrs. Humason, Tarr, deMacedo and Fattman moved that the proposed new text be amended in section 70 by adding at the end thereof the following:- “; and not later than June 30, 2015, the Massachusetts Housing Finance Agency shall further transfer to the executive office of housing and economic development the amount of $450,000 from funds previously appropriated to the agency or loans repaid that the agency administers on behalf of the commonwealth, for purposes of procuring a performance effectiveness audit of the emergency shelter provider supply chain, such audit to be procured and administered by the executive office of housing and economic development.”


Budget Amendment ID: FY2016-S3-927

EHS 927

Volume Purchasing of Durable Medical Equipment

Mr. Downing moved that the proposed new text be amended by striking section 44 and inserting in place thereof the following new section:-

“SECTION 44. Section 12 of chapter 118E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The division may enter into contracts with providers and manufacturers of medical services, equipment and supplies as the division deems necessary to carry out the provisions of this chapter, including, but not limited to, selective contracts, volume purchase contracts, preferred provider contracts and managed care contracts. The division may negotiate the rate of reimbursement to the provider under any such contract, and any such negotiated rate shall not be subject to the provisions of sections 13C to 13E, inclusive.”


Budget Amendment ID: FY2016-S3-928

EHS 928

Children's Advocacy Centers

Messrs. Downing, Keenan, Moore and Wolf moved that the proposed new text be amended by inserting after line item 4510-0810 the following:- “For the support of the statewide service delivery system of Children’s Advocacy Centers with funding administered by the Massachusetts Children's Alliance……………$750,000


Budget Amendment ID: FY2016-S3-929

EHS 929

Hospitals Serving Aging Populations

Mr. Downing and Ms. Gobi moved that the proposed new text be amended by inserting after Section 45 the following section:-

“Section XX. Section 65 of said Chapter 118E, as so appearing is hereby amended by inserting after the second paragraph the following paragraph:-

Disproportionate share hospitals located in counties with a percentage of the population 65 years or older in excess of the state average by five percent or more shall be paid 101 percent of reasonable costs for services rendered to Medicare patients from available Medicaid funds. For the purposes of this section, the percentage of the population at age 65 or older of any county shall be that enumerated in the most recent federal census. Providers designated as critical access hospitals shall not be subject to the provisions of this section.”


Budget Amendment ID: FY2016-S3-930

EHS 930

Community Health Centers

Messrs. Kennedy and Petruccelli moved that the proposed new text be amended in section 2, in item 4000-0500, line 14 after the word “item;” the following words:-

“provided further, that $30,000,000 may be expended from this item, or item 4000-0700, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals to serve populations in need more efficiently and effectively; provided further, that at least $10,000,000 of said funds be expended from this item, or item 4000-0700 to enhance the ability of community health centers to serve populations in need more efficiently and effectively”


Budget Amendment ID: FY2016-S3-931

EHS 931

Municipal Healthcare Market

Mr. Downing moved that the proposed new text be amended by inserting after section 29 the following section:-

“SECTION XX.  Section 19 of chapter 32B of the General Laws is hereby amended by striking out, in lines 183 to 186, inclusive, the words “at either 3 or 6-year intervals from the date of transfer of subscribers to the commission, as determined by the written agreement which shall specify the withdrawal interval and” and inserting in place thereof the following words:- "after an initial 3-year period from the date of transfer of subscribers to the commission, or biennially thereafter, as determined by the written agreement, which shall specify the".

Said section 19 of said chapter 32B, as so appearing, is hereby further amended by striking out, in line 196, the word “October” and inserting in place thereof the following word:- December.

Said section 19 of said chapter 32B, as so appearing, is hereby further amended by inserting after the figure “32A”, in line 225, the following:- ; provided, that in order to facilitate a request from a political subdivision for its claims history under this section, the commission shall maintain separate files for the claims information of each political subdivision. Upon written request by the mayor, town manager or the public employee committee of a political subdivision, the commission shall provide the political subdivision with its claims history from the previous year, which shall include, but not be limited to, the following information: monthly claims history, monthly enrollment, large loss claims, benefit changes and a census of enrollees by gender and zip code. The commission may charge a fee for providing the data in an amount determined by the executive director, which shall not be greater than $1,000. The commission shall provide a detailed data response to such request within 60 days.

Section 23 of said chapter 32B, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words “at 3 year intervals from the date of transfer of subscribers to the commission” and inserting in place thereof the following words:- upon the expiration of an initial 3-year period from the date of transfer of subscribers to the commission, or biennially thereafter.

Said section 23 of said chapter 32B, as so appearing, is hereby further amended by striking out, in line 41, the word “October” and inserting in place thereof the following word:- December.

Said section 23 of said chapter 32B, as so appearing, is hereby further amended by inserting after the figure “32A”, in line 68, the following:- ; provided that, in order to facilitate a request from a political subdivision for its claims history under this section, the commission shall maintain separate files for the claims information of each political subdivision. Upon written request by the mayor, town manager or the public employee committee of a political subdivision, the commission shall provide the political subdivision with its claims history from the previous year, which shall include, but not be limited to, the following information: monthly claims history, monthly enrollment, large loss claims, benefit changes and a census of enrollees by gender and zip code. The commission may charge a fee for providing the data in an amount determined by the executive director, which shall not be greater than $1,000. The commission shall provide a detailed data response to such request within 60 days.”

 


Budget Amendment ID: FY2016-S3-932

EHS 932

Tiered Healthcare Networks

Mr. Downing moved that the proposed new text be amended “by inserting after section 53 the following section:-

“SECTION XX. Section 11 of Chapter 176J, as amended by Section 177 of chapter 224 of the acts of 2012, is hereby further amended by inserting after the second paragraph the following:-

Carriers shall tier non-profit hospitals based exclusively on adjusted total medical expenses if said provider is the sole acute hospital in a 20-mile radius.”


Budget Amendment ID: FY2016-S3-933-R1

Redraft EHS 933

Autism Commission Funding

Mrs. L'Italien, Ms. Lovely and Mr. Kennedy moved that the proposed new text be amended in section 2, in item 5920-3020, by adding the following words:- "; and provided further, that not less than $300,000 shall be expended for the commission on autism established under chapter 226 of the acts of 2014"; and

in said section 2, in said item 5920-3020, by striking out the figure “6,000,000” and inserting in place thereof the following figure:- “6,300,000”.


Budget Amendment ID: FY2016-S3-934

EHS 934

Distressed Community Health Centers

Mr. Petruccelli and Ms. Gobi moved that the proposed new text be amended by inserting at the end thereof the following new section:  “Section XXX. Section 1: 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.”

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

Section 3 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"

Section 4: 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”

Section 5: clause (f) of Section 2GGGG of chapter 29 is hereby amended by by striking out the words "acute hospital", and inserting in place thereof the following words:- “acute hospital or community health center”


Budget Amendment ID: FY2016-S3-935

EHS 935

Review of Specialty Drug Dispensing and Patient Safety

Messrs. Keenan and Brownsberger, Ms. Gobi, Mr. Ross, Ms. Donoghue, Ms. O'Connor Ives, Mrs. L'Italien, Messrs. Montigny and Moore and Ms. Creem moved that the proposed new text be amended by inserting the following new section:-

SECTION __. The Secretary for Health and Human Services, in coordination with the Department of Public Health and the Division of Insurance, shall conduct a review of carrier practices which require certain categories of drugs, including those that are administered by injection or infusion, to be dispensed by a third-party specialty pharmacy directly to a patient or to a provider with the designation that such drugs be used for a specific patient and not for the general use of the provider.  The secretary shall make recommendations to the General Court for the regulation or restriction of said practice as appropriate and if necessary to ensure patient safety and to meet reasonable cost containment goals, which may include recommendations for statutory changes.

Notwithstanding any General or special law to the contrary, until such recommendations are filed, or until July 1st 2016, whichever occurs earlier, no insurance carrier shall require that a cancer-related or chronic-illness related drug be purchased and delivered to a patient, to a patient’s guardian or representative, or to a patient’s chosen provider only through a third-party specialty pharmacy; provided, however, that nothing in this section shall prohibit a patient or provider, including a home health agency or hospice, from choosing to receive such drugs from a third-party specialty pharmacy. For the purposes of this section the terms “cancer-related drug” and “chronic-illness related drug” shall mean a controlled substance that is indicated for the treatment of cancer or another chronic illness, or for managing the side effects of such treatment, and that must be administered by injection in a clinic, hospital, or physician’s office and which the patient’s treating healthcare provider has determined cannot be reasonably self-administered by a patient to whom the drug is prescribed or by an individual assisting the patient with self-administration; and the term “carrier” shall include those  defined in section 1 of chapter 176O as well as health plans that are under contract to the  group insurance commission established under Chapter 32A of the General Laws.


Budget Amendment ID: FY2016-S3-936

EHS 936

Grants to Councils on Aging

Ms. Jehlen, Mrs. L'Italien, Messrs. Moore, Lesser and Tarr, Ms. Gobi, Ms. Lovely and Ms. Creem moved that the proposed new text be amended in section 2, in item 9110-9002, by striking out the figure "11,500,000" and inserting in place thereof the following figure:-

"12,500,000".


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1945

Text of amendment (937) (offered by Senator deMacedo) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

by inserting after section XX the following sections:-

“SECTION XX. Section 1 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “oral prescription” the following definition:-

“Outsourcing facility,” an entity at 1 geographic location or address that (i) is engaged in the compounding of sterile drug preparations, (ii) has registered with the federal Food and Drug Administration as an outsourcing facility pursuant to 21 U.S.C. § 353b and (iii) has registered with the board pursuant to M.G.L. c. 112, §36E.

SECTION XX. Section 6 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2, the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 7 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Said section 7 of said chapter  94C, as so appearing, is hereby further amended by inserting after the word druggist, in line 9, the following words:- and outsourcing facility.

SECTION XX. Section 12 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 2 , the words “or wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Said section 12 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 8, the words “or a wholesale druggist” and inserting in place thereof the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 13 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2, 17, 28, 33 and 47, the words “or wholesale druggist” and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.

SECTION XX. Section 14 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 2 and 10, the words “or wholesale druggist” and inserting in place thereof, in each instance, the following words:- , wholesale druggist or outsourcing facility.”; and

SECTION XX. Chapter 112 of the General Laws is hereby amended by inserting after section 36D the following section:-

Section 36E. (a) As used in this section and in sections 24 to 42D, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Outsourcing facility”, an entity at 1 geographic location or address that (i) is engaged in the compounding of sterile drug preparations and (ii) has registered with the federal Food and Drug Administration (“FDA”) as an outsourcing facility pursuant to 21 U.S.C. § 353b.

“Operate as an outsourcing facility”, compound and distribute a sterile drug preparation to pharmacies, wholesalers or prescribers within or outside of the commonwealth: (i) in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions or (ii) in the absence of accountability documentation.

(b) The board may, upon application made in such manner and form as it shall determine, register an entity located within the commonwealth that intends to operate as an outsourcing facility.  An applicant for registration as an outsourcing facility shall provide proof of the following: (i) valid, current registration with the federal Food and Drug Administration, pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B; (ii) inspection by the FDA within the 2 years immediately preceding the application that has not resulted in classification as “Voluntary Action Indicated” (VAI) or “Official Action Indicated” (OAI) or, if it has resulted in a VAI or OAI classification, corrective actions have been taken by the applicant and there are no outstanding requests by the FDA to the applicant for response in connection with the inspection or corrective actions; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C.  If the applicant has met requirements (i) and (ii), but has not been inspected by the FDA within the 2 years immediately preceding the application, the applicant may receive a provisional registration to compound, but may not distribute a sterile drug preparation to pharmacies, wholesalers or prescribers within or outside of the commonwealth until it has been inspected pursuant to the requirements of this paragraph.  The application for registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.  Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10. 

(c) The board may, upon application made in such manner and form as it shall determine, register an entity located outside of the Commonwealth that intends to operate as a non-resident outsourcing facility.  An applicant for registration as a non-resident outsourcing facility shall provide proof of the following: (i) valid, current registration with the FDA, pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B; (ii) inspection by the FDA within the 2 years immediately preceding the application that has not resulted in classification as “Voluntary Action Indicated” (VAI) or “Official Action Indicated” (OAI) or, if it has resulted in a VAI or OAI classification, corrective actions have been taken by the applicant and there are no outstanding requests by the FDA to the applicant for response in connection with the inspection or corrective actions; and (iii) application and eligibility for registration to manufacture or distribute controlled substances pursuant to section 12 of chapter 94C.  The application for registration as a non-resident outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.  Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10.

(d) Registrations issued pursuant to this section shall expire on December 31 of each odd numbered year following the date of its issue and may be renewed upon application made in such manner and form as the board shall determine.  An applicant for renewal of a registration issued pursuant to this section shall provide satisfactory proof of valid, current registration with the FDA, pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B.  The application for renewal of a registration as an outsourcing facility shall be accompanied by a fee for registration in an amount to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.  Said fee shall be deposited into the Quality in Health Professions Trust Fund established by section 35X of chapter 10. 

(e) Grounds for denial of a registration, revocation or suspension of a registration or non-renewal of a registration issued pursuant to this section shall include, but shall not be limited to: (i) failure to maintain current, valid registration with the FDA, pursuant to 21 U.S.C. § 353b; (ii) an inspection by the FDA that results in classification as “Voluntary Action Indicated” (VAI) or “Official Action Indicated” (OAI) and either (A) no corrective actions have been taken by the applicant or (B) there are outstanding requests by the FDA to the applicant for response in connection with the inspection or corrective actions or (C) the corrective actions taken by the applicant or registrant are determined to be not adequate to remedy the conditions giving rise to the FDA classifications;  (iii) material misrepresentation, omission or falsification of any information furnished to the board; (iv) failure to comply with reporting requirements established by the board with respect to registration with, or inspections by, the FDA; (v) failure to adhere to the most current standards established under cGMP; (vi) the applicant’s or registrant’s lack of suitability; or (vii) failure to maintain a current, valid Massachusetts Controlled Substances Registration.  This provision shall not limit the board’s authority pursuant to M.G.L. ch. 112, §§ 42A and 61.

SECTION XX. Subsection (a) of section 39D of said chapter 112, as appearing in section 18 of chapter 159 of the acts of 2014, is hereby amended by striking out the word “sections 39F” and inserting in place thereof the following word:- sections 36E

SECTION XX. Section 39F of said chapter 112, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) An entity that intends to compound and distribute a sterile drug preparation or a complex non-sterile drug preparation to pharmacies, wholesalers or prescribers within or outside of the commonwealth: (i) in volumes inconsistent with routinely observed volume patterns associated with patient-specific prescriptions; or (ii) in the absence of accountability documentation shall adhere to the most current standards established under cGMP when engaging in any form of compounding. Such entities shall either: register as a producer of drugs with the federal Food and Drug Administration pursuant to 21 U.S.C. § 360, federal Food Drug and Cosmetic Act § 510; or register as an outsourcing facility with both the federal Food and Drug Administration pursuant to 21 U.S.C. § 353b, federal Food Drug and Cosmetic Act § 503B, and the board pursuant to section 36E before engaging in any sterile compounding or complex non-sterile compounding.

SECTION XX. Section 39J of said chapter 112, as so appearing, is hereby amended by striking out subsection (d), each time it appears, and inserting in place thereof the following 2 subsections:-

(d) No pharmacy, pharmacist or outsourcing facility operating outside of the commonwealth shall be authorized to prescribe, ship, mail, sell, transfer or dispense sterile drug preparations or complex non-sterile drug preparations in the commonwealth unless the sterile drug preparations or complex non-sterile drug preparations are compounded in a pharmacy or outsourcing facility that has been granted a non-resident sterile compounding license, non-resident complex non-sterile compounding license or non-resident outsourcing facility registration pursuant to this  chapter.

(e)  Non-resident pharmacies holding a non-resident pharmacy license under this section shall be subject to the requirements of section 24A of chapter 94C; provided, however, that non-resident pharmacies shall not be eligible for a waiver under said section 24A.  An application for licensure under this section shall not be approved unless the applicant has demonstrated the ability to comply with said section 24A. The board may revoke a non-resident pharmacy license for failure to comply with said section 24A.

SECTION XX. The first paragraph of section 42A of said chapter 112, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3, the words “ and pharmacy” and inserting in place thereof the following words: - , pharmacies, outsourcing facilities,.

SECTION XX. The second paragraph of section 42A of said chapter 112, as so appearing, is hereby amended by striking out, in line 18, the words “or engage in the retail drug business” and inserting in place thereof the following words:- , engage in the retail drug business or operate an outsourcing facility.

SECTION XX. The fourth paragraph of said section 42A of said chapter 112, as appearing in section 21 of chapter 159 of the acts of 2014, is hereby amended by inserting after the words “renew a pharmacy license” the following words:- or outsourcing facility registration.

SECTION XX. The fifth paragraph of said section 42A of said chapter 112, as so appearing, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i)

issue a cease and desist notice or quarantine notice requiring the cessation or restriction of any and all pharmacy operations or outsourcing facility operations and prohibiting the use of medications prepared by or in possession of a pharmacy or outsourcing facility.”


Budget Amendment ID: FY2016-S3-940

EHS 940

INTERFACE in Plymouth County

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 5046-0000, by inserting after "sources;", the following:

"provided further, that not less than $150,000 shall be expended for Massachusetts School Professional Psychology's INTERFACE in Plymouth County;"


Budget Amendment ID: FY2016-S3-941-R1

Redraft EHS 941

Transparent Health Care Data

Ms. Donoghue moved that the proposed new text be amended by adding the end thereof the following three sections:-

“SECTION XX. Subsection (a) of section 12 of chapter 12C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:--

The center shall, to the extent feasible, make data in the payer and provider claims database available to payers and providers in real-time; provided, however, that all data-sharing complies with applicable state and federal privacy laws.

SECTION XX. Subsection (b) of said section 12 is hereby amended is hereby amended by striking out the fourth sentence.

SECTION XX. Section 20 of said chapter 12C is hereby amended by striking out subsection (b) and inserting in place thereof the following section:--

(b) The website shall provide updated information on a regular basis, but no more than 90 days after data required to post such information has been reported to the center, and additional comparative quality, price and cost information shall be published as determined by the center. To the extent possible, the website shall include: (1) comparative price and cost information for the most common referral or prescribed services, as determined by the center, categorized by payer and listed by facility, provider, and provider organization or other groupings, as determined by the center; (2) comparative quality information from the standard quality measure set and verified by the center, available by facility, provider, provider organization or any other provider grouping, as determined by the center, for each such service or category of service for which comparative price and cost information is provided; (3) general information related to each service or category of service for which comparative information is provided; (4) comparative quality information from the standard quality measure set and verified by the center, available by facility, provider, provider organization or other groupings, as determined by the center, that is not service-specific, including information related to patient safety and satisfaction; (5) data concerning healthcare-associated infections and serious reportable events reported under section 51H of chapter 111; (6) definitions of common health insurance and medical terms, including, but not limited to, those determined under sections 2715(g) (2) and (3) of the Public Health Service Act, so that consumers may compare health coverage and understand the terms of their coverage; (7) a list of health care provider types, including but not limited to primary care physicians, nurse practitioners and physician assistants, and what types of services they are authorized to perform in the commonwealth under applicable state and federal scope of practice laws; (8) factors consumers should consider when choosing an insurance product or provider group, including, but not limited to, provider network, premium, cost-sharing, covered services, and tiering; (9) patient decision aids, which are interactive, written or audio-visual tools that provide a balanced presentation of the condition and treatment or screening options, benefits and harms, with attention to the patient’s preferences and values, and which may facilitate conversations between patients and their health care providers about preference-sensitive conditions or diseases such as chronic back pain, early stage of breast and prostate cancers, hip osteoarthritis, and cataracts; provided, however, that decision aids shall be made available on, but not be limited to, long-term care and supports and palliative care; (10) a list of provider services that are physically and programmatically accessible for people with disabilities; and (11) descriptions of standard quality measures, as determined by the statewide quality advisory committee and verified by the center."


Budget Amendment ID: FY2016-S3-942

EHS 942

Rural Ambulance Services Competitive Grant

Mr. Downing moved that the proposed new text be amended in section 2, in item 4510-0710, “provided further, that not more than $200,000 shall be expended on a competitive grant program to be awarded to groups of two or more rural communities intending to jointly provide ambulance services for the recruitment, training, continuing education and certification of emergency medical technicians” and further in said item by striking out the figure “$10,683,173” and inserting in place thereof the following figure:- “10,883,173”