Budget Amendment ID: FY2021-S4-180
EHS 180
ROE Act
Ms. Chandler, Ms. Creem, Mr. Eldridge, Ms. Rausch, Mr. Cyr, Ms. Comerford, Ms. Friedman, Messrs. Lewis and Barrett, Ms. Chang-Diaz, Messrs. DiDomenico, Lesser, Welch, Boncore, Crighton and Hinds, Ms. Jehlen, Mr. Feeney, Ms. Moran, Messrs. Moore and Finegold moved that the proposed new text be amended by inserting after section __ the following sections:-
SECTION XX. Section 12F of Chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 20, the words “abortion or”.
SECTION XX. Chapter 112 of the General Laws, as so appearing, is hereby amended by striking out sections 12K through 12U, inclusive, and inserting in place thereof the following sections:-
Section 12K. As used in section 12L through section 12R, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Abortion”, any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that the term abortion shall not include providing care related to a miscarriage.
“Hospital”, an institution as defined in section 52 of chapter 111 of the General Laws and duly licensed pursuant to section 51 of chapter 111 of the General Laws.
“Nurse midwife”, a nurse who is designated as a certified nurse midwife by the board of registration in nursing pursuant to section 80B.
“Nurse practitioner”, a nurse who is designated as a certified nurse practitioner by the board of registration in nursing pursuant to section 80B.
“Physician”, a person registered with the board of registration in medicine to practice medicine within the commonwealth.
“Physician assistant”, a person who is a graduate of an approved program for the training of physician assistants who is supervised by a physician in accordance with sections 9C to 9H, inclusive.
“Pregnancy”, the presence of an implanted human embryo or fetus in the uterus.
Section 12L. The Commonwealth shall not interfere with a person’s personal decision and ability to prevent, commence, terminate, or continue their own pregnancy consistent with this chapter. The Commonwealth shall not restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.
Section 12M. A physician, physician assistant, nurse practitioner, or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks.
Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician and only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, or if necessary, in the best medical judgment of the physician, to preserve the patient’s physical or mental health, or, in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly, or the fetus is incompatible with sustained life outside the uterus.
Section 12O. If an abortion is performed pursuant to section 12N, the facility where the abortion is performed shall maintain life-supporting equipment, as defined by the department of public health, to enable the physician performing the abortion to take appropriate steps, in keeping with good medical practice and consistent with the procedure being used, to preserve the life and health of a live birth and the patient.
Section 12P. Except in an emergency requiring immediate action, an abortion shall not be performed under section 12M or 12N unless the written informed consent of the proper person has been obtained as set forth in section 12R.
Except in an emergency requiring immediate action, no abortion may be performed under section 12N unless performed in a hospital duly authorized to provide facilities for obstetrical services.
Section 12Q. The commissioner of public health shall collect aggregate data on abortions performed by a physician, physician assistant, certified nurse practitioner, or certified nurse midwife on a form promulgated by the commissioner which shall include, but not be limited to, the following information: the date and place of the abortions performed, the ages of the pregnant patients, the method used to perform the abortions, and the gestational age when the abortions were performed. The commissioner shall prepare from these forms such statistical tables with respect to maternal health, abortion procedures, and gestational age as the commissioner deems useful and shall make an annual report thereof to the general court. Nothing in this section shall be construed to limit the authority of the department of public health to require reports pursuant to sections 24A and 25A of chapter 111.
Section 12R. No abortion may be performed without first obtaining the written informed consent of the patient seeking an abortion. The commissioner of public health shall prescribe a form to use in obtaining such consent. A patient seeking an abortion shall sign the consent form in advance of the time for which the abortion is scheduled, except in an emergency requiring immediate action; provided, however, that this requirement shall not impose any waiting period between the signing of the consent form and the patient obtaining the abortion. The patient shall then return it to the physician, physician assistant, nurse practitioner, or nurse midwife performing the abortion who shall maintain it in their files and who shall destroy it 7 years after the date upon which the abortion is performed.
The consent form and any other forms, transcript of evidence, or written findings or conclusions of a court, shall be confidential and shall not be released to any other person except by the patient’s written informed consent or by a proper judicial order, other than to the patient themselves, to whom such documents relate, the physician, physician assistant, nurse practitioner, or nurse midwife who performed the abortion, or any person whose consent is obtained pursuant to this section, or under the law. If a patient is less than 16 years of age and has not married, an abortion shall not be performed unless the physician, physician assistant, nurse practitioner, or nurse midwife first obtains both the consent of the patient and that of 1 of the patient’s parents or guardians, except as hereinafter provided. In deciding whether to grant such consent, a patient’s parent shall consider only the patient’s best interests. If a patient less than 16 years of age has not married and if the patient is unable to obtain the consent of 1 of their parents or 1 of their guardians to the performance of an abortion, or if they elect not to seek the consent of a parent or a guardian, or in the case of incest, a judge of the superior court department of the trial court shall, upon petition, or motion, and after an appropriate hearing held in person or via teleconference at the patient’s option, authorize a physician, physician assistant, nurse practitioner, or nurse midwife to perform the abortion if said judge determines that the patient is mature and capable of giving informed consent to the procedure or, if said judge determines that the patient is not mature, that performance of an abortion would be in the patient’s best interests. A patient less than 16 years of age may participate in proceedings in the superior court department of the trial court on their own behalf, and the court may appoint a guardian ad litem for the patient. The court shall, however, advise the patient that they have a right to court appointed counsel, and shall, upon the patient’s request, provide the patient with such appointed counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the patient. The chief justice of the superior court department of the trial court shall establish procedures for conducting proceedings under this section promptly and without delay including, but not limited to, procedures to accommodate the patient outside of normal court hours. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including the findings and conclusions.
Budget Amendment ID: FY2021-S4-180-R1
Redraft EHS 180
ROE Act
Ms. Chandler, Ms. Creem, Mr. Eldridge, Ms. Rausch, Mr. Cyr, Ms. Comerford, Ms. Friedman, Messrs. Lewis and Barrett, Ms. Chang-Diaz, Messrs. DiDomenico, Lesser, Welch, Boncore, Crighton and Hinds, Ms. Jehlen, Mr. Feeney, Ms. Moran, Messrs. Moore and Finegold moved that the proposed new text be amended by inserting after Section 25 the following section:-
“SECTION 25A. Chapter 112 of the General Laws, as so appearing, is hereby amended by striking out sections 12K to 12U, inclusive, and inserting in place thereof the following 8 sections:-
Section 12K. As used in sections 12L to 12R, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Abortion”, any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that “abortion” shall not include providing care related to a miscarriage.
“Hospital”, an institution as defined in section 52 of chapter 111 and duly licensed pursuant to section 51 of said chapter 111.
“Nurse midwife”, a nurse who is designated as a certified nurse midwife by the board of registration in nursing pursuant to section 80B.
“Nurse practitioner”, a nurse who is designated as a certified nurse practitioner by the board of registration in nursing pursuant to section 80B.
“Physician”, a person registered with the board of registration in medicine to practice medicine within the commonwealth.
“Physician assistant”, a person who is a graduate of an approved program for the training of physician assistants and who is supervised by a physician in accordance with sections 9C to 9K, inclusive.
“Pregnancy”, the presence of an implanted human embryo or fetus in the uterus.
Section 12L. The commonwealth, or a subdivision thereof, shall not interfere with a person’s personal decision and ability to prevent, commence, terminate or continue their own pregnancy consistent with this chapter, or restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.
Section 12M. A physician, physician assistant, nurse practitioner or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks.
Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician and only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, if it is necessary, in the best medical judgment of the physician, to preserve the patient’s physical or mental health or, in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.
Section 12O. If an abortion is performed pursuant to section 12N, the facility where the abortion is performed shall maintain life-supporting equipment, as defined by the department of public health, to enable the physician performing the abortion to take appropriate steps, in keeping with good medical practice and consistent with the procedure being used, to preserve the life and health of a live birth and the patient.
Section 12P. Except in an emergency requiring immediate action, an abortion shall not be performed under section 12M or section 12N unless the written informed consent of the proper person has been obtained as set forth in section 12R.
Except in an emergency requiring immediate action, an abortion shall not be performed under section 12N unless performed in a hospital duly authorized to provide facilities for obstetrical services.
Section 12Q. The commissioner of public health shall collect aggregate data on abortions performed by a physician, physician assistant, certified nurse practitioner or certified nurse midwife on a form promulgated by the commissioner that shall include, but not be limited to, the: (i) date and place of the abortions performed; (ii) ages of the pregnant patients; (iii) method used to perform the abortions; and (iv) gestational age when the abortions were performed. The commissioner shall prepare from these forms such statistical tables with respect to maternal health, abortion procedures and gestational age as the commissioner deems useful and shall make an annual report thereof to the general court. Nothing in this section shall limit the authority of the department of public health to require reports pursuant to sections 24A and 25A of chapter 111.
Section 12R. An abortion shall not be performed without first obtaining the written informed consent of the patient seeking an abortion. The commissioner of public health shall prescribe a form to use in obtaining such consent. A patient seeking an abortion shall sign the consent form in advance of the time for which the abortion is scheduled, except in an emergency requiring immediate action; provided, however, that this requirement shall not impose any waiting period between the signing of the consent form and the patient obtaining the abortion. The patient shall then return it to the physician, physician assistant, nurse practitioner or nurse midwife performing the abortion who shall maintain it in their files and who shall destroy it 7 years after the date upon which the abortion is performed.
The consent form and any other forms, transcript of evidence or written findings or conclusions of a court shall be confidential and shall not be released to any other person except by the patient’s written informed consent or by a proper judicial order, other than to the patient themselves, to whom such documents relate, the physician, physician assistant, nurse practitioner or nurse midwife who performed the abortion or any person whose consent is obtained pursuant to this section or under any other applicable state or federal law. If a patient is less than 16 years of age and has not married, an abortion shall not be performed unless the physician, physician assistant, nurse practitioner or nurse midwife first obtains both the consent of the patient and that of 1 of the patient’s parents or guardians, except as hereinafter provided. In deciding whether to grant such consent, a patient’s parent or guardian shall consider only the patient’s best interests. If a patient less than 16 years of age has not married and if the patient is unable to obtain the consent of 1 of their parents or 1 of their guardians to the performance of an abortion, or if they elect not to seek the consent of a parent or a guardian, or in the case of incest, a judge of the superior court department of the trial court of the commonwealth shall, upon petition or motion, and after an appropriate hearing held in person or via teleconference at the patient’s option, authorize a physician, physician assistant, nurse practitioner or nurse midwife to perform the abortion if the judge determines that the patient is mature and capable of giving informed consent to the procedure or, if the judge determines that the patient is not mature, that performance of an abortion would be in the patient’s best interests. A patient less than 16 years of age may participate in proceedings in the superior court department of the trial court on their own behalf and the court may appoint a guardian ad litem for the patient. The court shall, however, advise the patient that they have a right to court appointed counsel and shall, upon the patient’s request, provide the patient with such appointed counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the patient. The chief justice of the superior court department of the trial court shall establish procedures for conducting proceedings under this section promptly and without delay including, but not limited to, procedures to accommodate the patient outside of normal court hours. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including the findings and conclusions. Notwithstanding section 12F, a patient may provide consent and consent shall be granted under subparagraphs (ii) to (vi), inclusive, of said section 12F for abortion if the minor is not less than 16 years of age.”.
Budget Amendment ID: FY2021-S4-180-R2
2nd Redraft EHS 180
ROE Act
Ms. Chandler, Ms. Creem, Mr. Eldridge, Ms. Rausch, Mr. Cyr, Ms. Comerford, Ms. Friedman, Messrs. Lewis and Barrett, Ms. Chang-Diaz, Messrs. DiDomenico, Lesser, Welch, Boncore, Crighton and Hinds, Ms. Jehlen, Mr. Feeney, Ms. Moran, Messrs. Moore and Finegold moved that the proposed new text be amended by inserting after Section 25 the following section:-
“SECTION 25A. Chapter 112 of the General Laws, as so appearing, is hereby amended by striking out sections 12K to 12U, inclusive, and inserting in place thereof the following 8 sections:-
Section 12K. As used in sections 12L to 12R, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Abortion”, any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that “abortion” shall not include providing care related to a miscarriage.
“Hospital”, an institution as defined in section 52 of chapter 111 and duly licensed pursuant to section 51 of said chapter 111.
“Nurse midwife”, a nurse who is designated as a certified nurse midwife by the board of registration in nursing pursuant to section 80B.
“Nurse practitioner”, a nurse who is designated as a certified nurse practitioner by the board of registration in nursing pursuant to section 80B.
“Physician”, a person registered with the board of registration in medicine to practice medicine within the commonwealth.
“Physician assistant”, a person who is a graduate of an approved program for the training of physician assistants and who is supervised by a physician in accordance with sections 9C to 9K, inclusive.
“Pregnancy”, the presence of an implanted human embryo or fetus in the uterus.
Section 12L. The commonwealth, or a subdivision thereof, shall not interfere with a person’s personal decision and ability to prevent, commence, terminate or continue their own pregnancy consistent with this chapter, or restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.
Section 12M. A physician, physician assistant, nurse practitioner or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks.
Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician and only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, if it is necessary, in the best medical judgment of the physician, to preserve the patient’s physical or mental health or, in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.
Section 12O. If an abortion is performed pursuant to section 12N, the facility where the abortion is performed shall maintain life-supporting equipment, as defined by the department of public health, to enable the physician performing the abortion to take appropriate steps, in keeping with good medical practice and consistent with the procedure being used, to preserve the life and health of a live birth and the patient.
Section 12P. Except in an emergency requiring immediate action, an abortion shall not be performed under section 12M or section 12N unless the written informed consent of the proper person has been obtained as set forth in section 12R.
Except in an emergency requiring immediate action, an abortion shall not be performed under section 12N unless performed in a hospital duly authorized to provide facilities for obstetrical services.
Section 12Q. The commissioner of public health shall collect aggregate data on abortions performed by a physician, physician assistant, certified nurse practitioner or certified nurse midwife on a form promulgated by the commissioner that shall include, but not be limited to, the: (i) date and place of the abortions performed; (ii) ages of the pregnant patients; (iii) method used to perform the abortions; and (iv) gestational age when the abortions were performed. The commissioner shall prepare from these forms such statistical tables with respect to maternal health, abortion procedures and gestational age as the commissioner deems useful and shall make an annual report thereof to the general court. Nothing in this section shall limit the authority of the department of public health to require reports pursuant to sections 24A and 25A of chapter 111.
Section 12R. An abortion shall not be performed without first obtaining the written informed consent of the patient seeking an abortion. The commissioner of public health shall prescribe a form to use in obtaining such consent. A patient seeking an abortion shall sign the consent form in advance of the time for which the abortion is scheduled, except in an emergency requiring immediate action; provided, however, that this requirement shall not impose any waiting period between the signing of the consent form and the patient obtaining the abortion. The patient shall then return it to the physician, physician assistant, nurse practitioner or nurse midwife performing the abortion who shall maintain it in their files and who shall destroy it 7 years after the date upon which the abortion is performed.
The consent form and any other forms, transcript of evidence or written findings or conclusions of a court shall be confidential and shall not be released to any other person except by the patient’s written informed consent or by a proper judicial order, other than to the patient themselves, to whom such documents relate, the physician, physician assistant, nurse practitioner or nurse midwife who performed the abortion or any person whose consent is obtained pursuant to this section or under any other applicable state or federal law. If a patient is less than 16 years of age and has not married, an abortion shall not be performed unless the physician, physician assistant, nurse practitioner or nurse midwife first obtains both the consent of the patient and that of 1 of the patient’s parents or guardians, except as hereinafter provided. In deciding whether to grant such consent, a patient’s parent or guardian shall consider only the patient’s best interests. If a patient less than 16 years of age has not married and if the patient is unable to obtain the consent of 1 of their parents or 1 of their guardians to the performance of an abortion, or if they elect not to seek the consent of a parent or a guardian, or in the case of incest, a judge of the superior court department of the trial court of the commonwealth shall, upon petition or motion, and after an appropriate hearing held in person or via teleconference at the patient’s option, authorize a physician, physician assistant, nurse practitioner or nurse midwife to perform the abortion if the judge determines that the patient is mature and capable of giving informed consent to the procedure or, if the judge determines that the patient is not mature, that performance of an abortion would be in the patient’s best interests. A patient less than 16 years of age may participate in proceedings in the superior court department of the trial court on their own behalf and the court may appoint a guardian ad litem for the patient. The court shall, however, advise the patient that they have a right to court appointed counsel and shall, upon the patient’s request, provide the patient with such appointed counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the patient. The chief justice of the superior court department of the trial court shall establish procedures for conducting proceedings under this section promptly and without delay including, but not limited to, procedures to accommodate the patient outside of normal court hours. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including the findings and conclusions. Exclusive jurisdiction over appeals of a denial by the superior court of authorization for a patient to obtain an abortion is hereby conferred on the supreme judicial court or a single justice thereof. Notwithstanding section 12F, a patient may provide consent and consent shall be granted under subparagraphs (ii) to (vi), inclusive, of said section 12F for abortion if the minor is not less than 16 years of age.”.
Budget Amendment ID: FY2021-S4-180.1
Further EHS 180.1
Fatal Fetal Anomaly
Messrs. O'Connor, Tarr and Tran moved that the amendment be amended by striking out the underlying amendment in its entirety and inserting in place thereof the following:-
SECTION _. Section 12M of Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “health” the following:-
in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly, or the fetus is incompatible with sustained life outside the uterus.
SECTION _. Section 12S of Chapter 112 of the General Laws, as so appearing, is hereby amended by striking the following:-“If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting his decision and shall order a record of the evidence to be maintained including his own findings and conclusions.” And inserting in place thereof the following:-“ If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court or a judge of the district court of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court or the district court of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial court or in the district court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the superior court department of the trial court or judge of the district court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including their own findings and conclusions.”
SECTION_. Notwithstanding any general or special law to the contrary there shall be special commission established to study minor consent for an abortion. The commission shall be compromised of 17 members, the secretary of health and human services who shall serve as the chair; 1 member appointed by the attorney general of the commonwealth whom shall have experience with regards to minor consent and other relevant areas of the law; 1 member appointed by the chief justice of the juvenile court; 3 members appointed by the speaker of the house; 1 member appointed by the minority leader of the house; 3 members appointed by the president of the senate; 1 member appointed by the minority leader of the senate; 6 members appointed by the governor, 1 of whom shall be from a list of 3 nominees submitted by planned parenthood of Massachusetts, 1 of whom shall be from a list of 3 nominees submitted by Massachusetts citizens for life, 1 of whom shall be from a list of 3 nominees submitted by the Massachusetts medical society who shall have experience in the field of gynecology and obstetrics, 2 of whom shall be from a list of 3 nominees submitted by an organization representing parents in the commonwealth, 1 of whom shall be from a list of 3 nominees submitted by an organization assisting victims of domestic abuse in the commonwealth.
The commission shall conduct a comprehensive study of all issues and impacts around minor consent for abortion including but not limited to, public health, impacts on minors seeking abortions, families, judicial system, and any other related issues.
The commission shall submit a report along with legislative recommendations within 18 months of the passage of this act. Said report shall be submitted to the clerks of the house and senate, the joint committee on public health, and the joint committee on the judiciary.
Budget Amendment ID: FY2021-S4-180.1-R1
Redraft Further EHS 180.1
Fatal Fetal Anomaly
Messrs. O'Connor, Tarr and Tran moved that the amendment be amended by striking out the underlying amendment and inserting in place thereof the following:-
SECTION_. Section 12L of Chapter 112 of the General Laws, as so appearing is hereby amended by striking the section its entirety and inserting in place thereof the following:-“ The Commonwealth shall not interfere with a person’s personal decision and ability to prevent, commence, terminate, or continue their own pregnancy consistent with this chapter. The Commonwealth shall not restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.”
SECTION _. Section 12M of Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “health” the following:-
in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly, or the fetus is incompatible with sustained life outside the uterus.
SECTION _. Section 12S of Chapter 112 of the General Laws, as so appearing, is hereby amended by striking the following:-“If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting his decision and shall order a record of the evidence to be maintained including his own findings and conclusions.” And inserting in place thereof the following:-“ If a pregnant woman less than eighteen years of age has not married and if one or both of her parents or guardians refuse to consent to the performance of an abortion, or if she elects not to seek the consent of one or both of her parents or guardians, a judge of the superior court department of the trial court or a judge of the district court of the trial court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than eighteen years of age may participate in proceedings in the superior court department of the trial court or the district court of the trial court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel. Proceedings in the superior court department of the trial court or in the district court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant woman. A judge of the superior court department of the trial court or judge of the district court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including their own findings and conclusions.”
SECTION_. Notwithstanding any general or special law to the contrary there shall be special commission established to study minor consent for an abortion. The commission shall be compromised of 17 members, the secretary of health and human services who shall serve as the chair; 1 member appointed by the attorney general of the commonwealth whom shall have experience with regards to minor consent and other relevant areas of the law; 1 member appointed by the chief justice of the juvenile court; 3 members appointed by the speaker of the house; 1 member appointed by the minority leader of the house; 3 members appointed by the president of the senate; 1 member appointed by the minority leader of the senate; 6 members appointed by the governor, 1 of whom shall be from a list of 3 nominees submitted by planned parenthood of Massachusetts, 1 of whom shall be from a list of 3 nominees submitted by Massachusetts citizens for life, 1 of whom shall be from a list of 3 nominees submitted by the Massachusetts medical society who shall have experience in the field of gynecology and obstetrics, 2 of whom shall be from a list of 3 nominees submitted by an organization representing parents in the commonwealth, 1 of whom shall be from a list of 3 nominees submitted by an organization assisting victims of domestic abuse in the commonwealth.
The commission shall conduct a comprehensive study of all issues and impacts around minor consent for abortion including but not limited to, public health, impacts on minors seeking abortions, families, judicial system, and any other related issues.
The commission shall submit a report along with legislative recommendations within 18 months of the passage of this act. Said report shall be submitted to the clerks of the house and senate, the joint committee on public health, and the joint committee on the judiciary.
Budget Amendment ID: FY2021-S4-181
EHS 181
CANDO
Mr. Moore and Ms. Chandler moved that the proposed new text be amended in section 2, in item 5911-1003, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the Center for Autism and Neurodevelopmental Disorders at the University of Massachusetts memorial medical center and the University of Massachusetts medical school based on the patient-centered medical home concept"; and by striking out the figure "$80,381,659" and inserting in place thereof the following figure:- "$80,431,659".
Budget Amendment ID: FY2021-S4-183
EHS 183
Local Substance Misuse Coalitions
Messrs. Timilty, Feeney and Brady moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- "provided further, that not less than $270,000 shall be expended equally to Avon Coalition for Every Student, Braintree Community Partnership on Substance Abuse, Canton Alliance Against Substance Abuse, EB Hope, Inc., in the town of East Bridgewater, Easton Wings of Hope, Milton Substance Abuse Prevention Coalition, Randolph Substance Abuse Prevention Coalition, Sharon Substance Prevention and Resource Commission and Organizing Against Substances in Stoughton to address increased demand for substance use prevention services caused by the 2019 novel coronavirus"; and by striking out the figure:- "$163,621,698" and inserting in place thereof the following figure:- "$163,891,698".
Budget Amendment ID: FY2021-S4-183-R1
Redraft EHS 183
Local Substance Misuse Coalitions
Messrs. Timilty, Feeney and Brady moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $100,000 shall be expended in equal amounts to the following substance abuse coalitions and community partnerships to address increased demand for substance use prevention services caused by the 2019 novel coronavirus: (i) Avon Coalition for Every Student; (ii) Braintree Community Partnership on Substance Abuse; (iii) Canton Alliance Against Substance Abuse; (iv) EB Hope, Inc., in the town of East Bridgewater; (v) Easton Wings of Hope; (vi) Milton Substance Abuse Prevention Coalition; (vii) Randolph Substance Abuse Prevention Coalition; (viii) Sharon Substance Prevention and Resource Commission; and (ix) Organizing Against Substances in Stoughton "; and
by striking out the figure:- "$100,000" and inserting in place thereof the following figure:- "$200,000".
Budget Amendment ID: FY2021-S4-184
EHS 184
Pappas Rehabilitation Hospital for Children
Mr. Timilty 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 Pappas Rehabilitation Hospital for Children shall maintain not less than 120 beds for clients in its inpatient setting to the extent feasible within the appropriation; and provided further, that not less than $300,000 in retained revenue be expended for the Pappas Rehabilitation Hospital for Children Summer Program"; and by striking out the figure "$165,777,257" and inserting in place thereof the following figure:- "$166,077,257".
Budget Amendment ID: FY2021-S4-185
EHS 185
DPH Airplane Noise Study
Messrs. Timilty and O'Connor, Ms. Jehlen and Ms. Lovely moved that the proposed new text be amended by adding after section X the following section:-
"SECTION XXX. Section 1. The Commissioner of the Department of Public Health of the Commonwealth of Massachusetts shall commission a study of the health and noise impacts of airplane flights on affected resident communities that are represent on the Massachusetts Port Authority Community Advisory Committee.
(a). Said study would establish a deadline of 180 days which would require the Commissioner of the Department of Public Health to conduct the study to determine the health and noise impacts of airplane flights on residents of the communities represented on the Massachusetts Port Authority Community Advisory Committee exposed to conditions related to noise and air pollution levels emanating from airplane flights directed to and from Logan International Airport.
(b). The study shall include, but is not limited to:
(1) Examining the health impacts of airplane flights on residents comprising the Massachusetts Port Authority Community Advisory Committee, including asthma exacerbation, sleep disturbance, stress, and elevated blood pressure;
(2) Considering in particular the health impacts on residents comprising the Massachusetts Port Authority Community Advisory Committee living partly or wholly within the vicinity underneath the flight paths most frequently used by aircraft flying, including landing or during takeoff, at an altitude of 10,000 feet; and
(c). Not later than 60 days after the Department of Public Health receives the study previously described, the Department of Public Health shall submit to the senate committee ways and means committee and the joint committee on public health."
Budget Amendment ID: FY2021-S4-185-R1
Redraft EHS 185
DPH Airplane Noise Study
Messrs. Timilty and O'Connor and Ms. Jehlen moved that the proposed new text be amended by inserting after Section 54 the following section:-
"SECTION 54A. The department of public health shall commission a study of the health and noise impacts of airplane flights on affected resident communities represented on the Massachusetts Port Authority Community Advisory Committee.
The study shall determine the health and noise impacts of airplane flights on residents of the communities represented on the Massachusetts Port Authority Community Advisory Committee that are exposed to conditions related to noise and air pollution levels emanating from airplane flights directed to and from the General Edward Lawrence Logan International Airport. The study shall include, but not be limited to: (i) examining the health impacts of airplane flights on residents comprising the Massachusetts Port Authority Community Advisory Committee, including asthma exacerbation, sleep disturbance, stress and elevated blood pressure; and (ii) considering the health impacts on residents comprising the Massachusetts Port Authority Community Advisory Committee living partly or wholly within the vicinity underneath the flight paths most frequently used by aircraft flying, including landing or during takeoff, at an altitude of 10,000 feet.
The department shall submit the study to the clerks of the senate and house of representatives and the joint committee on public health not later than December 31, 2021.".
Budget Amendment ID: FY2021-S4-186
EHS 186
PPE Data Transparency
Mr. Timilty, Ms. Gobi, Messrs. O'Connor, Moore and Brady, Ms. Rausch, Messrs. Feeney, Velis and Tarr moved that the proposed new text be amended by adding after section __ the following section:-
"SECTION X. There shall be a joint oversight Committee made up of members from the House and Senate. The Joint Oversight Committee shall hold a hearing immediately to determine the current supplies for personal protective equipment (PPE) that meet the standards of the Center for Disease Control (CDC) that were in effect on January 6, 2020, held by the Commonwealth, acute care hospitals, and state operated facilities, and determine how each will establish a supply chain and store of at least sixty (60) days of PPE per the standard above."
Budget Amendment ID: FY2021-S4-187
EHS 187
PPE Oversight Committee
Mr. Timilty, Ms. Gobi, Messrs. O'Connor, Moore, Brady, Feeney and Velis and Ms. Moran moved that the proposed new text be amended by adding after section __ the following section:-
"SECTION X. The Office of Preparedness and Emergency Management (OPEM) shall require each healthcare facility to designate an inventory manager who shall provide inventory management documentation of any and all personal protective equipment on hand at healthcare facilities to meet the standards in place at the Centers for Disease Control as of January 1, 2020 and the process for and attempts by health care facilities at obtaining personal protective equipment to meet the standards in place at the Centers for Disease Control as of January 1, 2020. These reports shall be made in a format determined by the Office of Preparedness and Emergency Management, and shall include but not be limited to: number targets by item ordered; any differential between what personal protective equipment is needed to achieve the aforementioned standard and the personal protective equipment that has been ordered or procured; vendor names with which the healthcare facility has a supply contract, timeframe for obtaining the requested personal protective equipment; any issues or delays with obtaining requested personal protective equipment; and the percent of the required personal protective equipment that is obtained by state allocation vs private supply chain. These reports shall be made every 14 days and posted by OPEM inventory management for public access via the Commonwealth’s COVID-19 website. Healthcare facilities shall also make available to all employees upon request the supply of personal protective equipment on hand at that time."
Budget Amendment ID: FY2021-S4-189
EHS 189
Health Equity Task Force
Mr. Cyr and Ms. Rausch moved that the proposed new text be amended by inserting after section __ the following sections:-
SECTION X: Subsection (d) of section 2 of chapter 93 of the acts of 2020 is hereby amended by striking out the words “September 15”, inserted by section 90 of chapter 124 of the acts of 2020, and the figure “2020” and inserting in place thereof the following words:- February 28, 2021.
SECTION X: Subsection (e) of said section 2 of said chapter 93 is hereby further amended by striking out the words “September 15”, inserted by section 90 of chapter 124 of the acts of 2020, and the figure “2020” the third time it appears, and inserting in place thereof the following words:- February 28, 2021.
Budget Amendment ID: FY2021-S4-189-R1
Redraft EHS 189
Health Equity Task Force
Mr. Cyr and Ms. Rausch moved that the proposed new text be amended by inserting after section 40 the following 2 sections:-
“SECTION 40A. Subsection (d) of section 2 of chapter 93 of the acts of 2020, as amended by section 90 of chapter 124 of the acts of 2020, is hereby further amended by striking out the words “September 15, 2020” and inserting in place thereof the following words:- February 28, 2021.
SECTION 40B. Subsection (e) of said section 2 of said chapter 93, as most recently amended by section 92 of chapter 124 of the acts of 2020, is hereby further amended by striking out the words “September 15, 2020” and inserting in place thereof the following words:- February 28, 2021”.
Budget Amendment ID: FY2021-S4-190
EHS 190
Return to School "Bridge" Programs
Ms. Friedman, Mr. O'Connor, Ms. Gobi, Ms. Comerford, Messrs. Eldridge, Welch and Velis moved that the proposed new text be amended in section 2, in item 4590-0250, by adding the following: “; provided further, that not less than $350,000 shall be expended to enhance the Commonwealth's capacity to support the development of school-based Bridge programs for youth who have had prolonged absence due to hospitalization for physical or mental health care”.
Budget Amendment ID: FY2021-S4-190-R1
Redraft EHS 190
Return to School 'Bridge' Programs
Ms. Friedman, Mr. O'Connor, Ms. Gobi, Ms. Comerford, Messrs. Eldridge, Welch and Moore, Ms. DiZoglio, Ms. Moran, Messrs. Cyr and Tarr and Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-0250, by adding the following words:- “; provided further, that not less than $350,000 shall be expended to enhance the commonwealth's capacity to support the development of school-based bridge programs for youth who have had prolonged absence due to hospitalization for physical or mental health care”; and in said section 2, in said item 4590-0250, by striking out the figure “$13,773,583” and inserting in place thereof the following figure:- “$14,123,583”.
Budget Amendment ID: FY2021-S4-191-R1
Redraft EHS 191
Arlington Youth Counseling Center
Ms. Friedman and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 5042-5000, by adding the following words:- “; provided further, that not less than $160,000 shall be expended to the Arlington Youth Counseling Center"; and by striking out the figure “$94,530,000” and inserting in place thereof the following figure:- “$94,690,000”.
Budget Amendment ID: FY2021-S4-191
EHS 191
Arlington Youth Counseling Center
Ms. Friedman and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 5042-5000, by adding the following: “; provided further, that not less than $160,000 shall be expended to the Arlington Youth Counseling Center".
Budget Amendment ID: FY2021-S4-192
EHS 192
Massachusetts Alliance of Boys & Girls Clubs
Mr. Lesser, Ms. DiZoglio, Messrs. Eldridge and Moore, Ms. Creem, Messrs. Timilty, O'Connor, Welch and Velis moved that the proposed new text be amended in section 2, in item 4590-1507, by adding the following words:- "; provided further, that the department shall award not less than $2,200,000 to the Massachusetts Alliance of Boys & Girls Clubs"; and by striking out the figure “$1,400,000” and inserting in place thereof the following figure: - "$3,600,000".
Budget Amendment ID: FY2021-S4-192-R1
Redraft EHS 192
Massachusetts Alliance of Boys & Girls Clubs
Mr. Lesser, Ms. DiZoglio, Messrs. Eldridge and Moore, Ms. Creem, Messrs. Timilty, O'Connor, Welch and Velis, Ms. Moran and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4590-1507, by adding the following words:- "; provided further, that the department shall award not less than $2,200,000 to the Massachusetts Alliance of Boys & Girls Clubs, Inc., the first $2,000,000 of which shall be distributed equally among its member organizations;"; and
in said section 2, in said item 4590-1507, by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- "$3,600,000".
Budget Amendment ID: FY2021-S4-194
EHS 194
JF&CS Programming: Fragile Beginnings & Project NESST
Mr. Barrett and Ms. Creem moved that the proposed new text be amended in section 2, in item 4800-0038, by adding the following words:- "; provided further, that not less than $150,000 shall be expended for the Fragile Beginnings program; provided further, that not less than $250,000 shall be expended for Project NESST Newborns Exposed to Substances: Support and Therapy”; and by striking out the figure "$306,420,812" and inserting in place thereof the following figure:- "306,820,812".
Budget Amendment ID: FY2021-S4-195
EHS 195
Detention Diversion Advocacy Program
Mr. Barrett moved that the proposed new text be amended in section 2, in item 4200-0200, by adding the following words:- “provided, that the department shall expend not less than $500,000 for the Detention Diversion Advocacy Program to be coordinated by the Robert F. Kennedy Children’s Action Corps to prevent high-risk juveniles presenting before the court from penetrating further into the juvenile justice system”; and in said item, by striking out the figure “27,388,602" and inserting in place thereof the following figure:- "27,888,602".
Budget Amendment ID: FY2021-S4-196
EHS 196
One Life at a Time
Messrs. O'Connor, Timilty and Keenan 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 $250,000 shall be expended for One Life at a Time, a 501(c)(3) organization located in Braintree, for the facilitation of access to sober living programs and job training services for people in recovery and associated operational costs;".
Budget Amendment ID: FY2021-S4-196-R1
Redraft EHS 196
One Life at a Time
Messrs. O'Connor, Timilty and Keenan 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 One Life at a Time, Inc., located in the city known as the town of Braintree, for the facilitation of access to sober living programs and job training services for people in recovery and associated operational costs"; and
by striking out the figure “$163,621,698” and inserting in place thereof the following figure:- $163,721,698.
Budget Amendment ID: FY2021-S4-197
EHS 197
Lazarus House in Lawrence
Mr. Finegold moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- provided further that $150,000 shall be expended to Lazarus House for both their Holly Street Shelter and their soup kitchen for the costs incurred to provide extra support to the City of Lawrence during the COVID-19 pandemic ”; and
By striking out the figure “$100,000” and inserting in place thereof the following figure:- “$250,000”.
Budget Amendment ID: FY2021-S4-198
EHS 198
Alliance of YWCAs
Mr. Finegold, Ms. DiZoglio, Messrs. Moore, Eldridge, O'Connor, Velis and Montigny moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following:- “provided further, that the department shall award not less than $650,000 to the YWCA organizations, which shall be distributed equally between the Alliance of YWCA‘s member organizations”; and
By striking out the figure “1,400,000” and inserting in place thereof the following figure:-“2,050,000”.
Budget Amendment ID: FY2021-S4-199
EHS 199
DDS Day Employment
Ms. DiZoglio, Messrs. O'Connor, Keenan, Velis and Tran, Ms. Gobi, Messrs. Crighton, Brady and Moore moved that the proposed new text be amended in section 2, in item 5920-2025, by inserting after "prioritized by need" the following: “provided further that the billing rate for these services will be no lower than pre-COVID utilization billing rates to address infection control and the smaller space capacity."; and in said item by striking out the figures "239,513,699" and inserting in place thereof the figures "253,891,529”.
Budget Amendment ID: FY2021-S4-200
EHS 200
Greater Lawrence Family Health Center
Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 4510-0110, by adding the following: “; provided further, that not less than $200,000 shall be expended to the Greater Lawrence Family Health Center, Inc. for programs to increase access to health care for the medically underserved in the city of Haverhill; provided further, that such programs shall include the development of a full-service community health center in the city of Haverhill with collaborative, graduate degree-level programs to train advanced practice nurses by Regis College; provided further, that the expenditure of such funds shall be contingent on the Greater Lawrence Family Health Center, Inc. providing a matching amount of not less than $200,000 in private funding”.
Budget Amendment ID: FY2021-S4-201
EHS 201
Ventilation System and Safety Improvements at the Boys and Girls Club of Greater Lowell
Mr. Kennedy and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following "not less than $75,000 shall be expended to the Boys & Girls Club of Greater Lowell for capital improvements to improve the ventilation systems and safety of youth who are utilizing the facility for remote learning and enrichment as a result of the 2019 novel coronavirus" and in said item, by striking out the figure "$1,400,000" and inserting in place thereof the following figure: "$1,475,000".
Budget Amendment ID: FY2021-S4-201-R1
Redraft EHS 201
Ventilation System and Safety Improvements at the Boys and Girls Club of Greater Lowell
Mr. Kennedy and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $220,000 shall be expended to the Greater Lowell Community Foundation, Inc., for projects and improvements related to the 2019 novel coronavirus"; and
in said section 2, in said item 1599-1233, by striking out the figure "$100,000" and inserting in place thereof the following figure:-
"$320,000".
Budget Amendment ID: FY2021-S4-203
EHS 203
YMCAs
Ms. Lovely, Ms. Rausch, Ms. DiZoglio, Mr. O'Connor, Ms. Gobi, Messrs. Eldridge, Moore, Welch, Timilty, Brady, Keenan and Velis, Ms. Moran, Messrs. Rush and Crighton moved that the proposed new text be amended in section 2, in item 4590-1507, by adding after the word “programs” the following words:- "; provided further, that the department shall award not less than $1,800,000 to the Alliance of Massachusetts YMCAs, Inc., which shall be distributed between the alliance’s member organizations;” and by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$3,200,000"
Budget Amendment ID: FY2021-S4-204
EHS 204
Serving the Health Insurance Needs of Everyone (SHINE)
Ms. Rausch, Ms. Jehlen, Ms. Gobi, Messrs. O'Connor, Brady, Eldridge, Tarr, Moore and Cyr, Ms. DiZoglio and Mr. Timilty moved that the proposed new text be amended in section 2, in item 9110-1455, by inserting the following:- ; provided further, that not less than $1,000,000 shall be expended for additional funding for the Serving the Health Insurance Needs of Everyone, or SHINE program, so-called, administered by the executive office in partnership with local, community-based organizations, including but not limited to, councils on aging, aging service access points and others; and
by striking out the figure $16,249,455 and inserting in place thereof the following figure:- $17,249,455.
Budget Amendment ID: FY2021-S4-205
EHS 205
Supporting Adult Day Health Services
Ms. Rausch, Ms. Jehlen, Mr. Moore, Ms. Gobi, Messrs. O'Connor, Welch, Fattman, Velis, Eldridge, Rush and Montigny moved that the proposed new text be amended in section 2, in item 4000-0601, by inserting the following:- “provided further, that in addition to any rate paid for adult day health services, MassHealth and any other payers paying for said services using public funds shall pay to providers of adult day health sums necessary for additional COVID-related expenses including, but not limited to, reimbursement for additional staff necessary to maintain compliance with COVID-19 requirements, personal protective equipment, additional transportation costs necessary to maintain physical distancing, cleaning supplies and services, COVID-related absences and any COVID-testing required by any government agency.”
Budget Amendment ID: FY2021-S4-206
EHS 206
Supporting Elder Behavioral Health
Ms. Rausch, Ms. Comerford, Ms. Jehlen, Messrs. O'Connor, Moore and Tarr, Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 9110-1640, by striking out the figure $800,000 and inserting in place thereof the following figure:- $1,000,000.
Budget Amendment ID: FY2021-S4-214
EHS 214
Treating Post Traumatic Stress in COVID-19 First Responders
Ms. Rausch and Mr. Timilty moved that the proposed new text be amended in section 2, in item 1599-1233, by inserting the following:- ; provided further, that the department of public health shall expend not less than $500,000 to a public academic health sciences center or an academic medical center to develop or contract for asynchronous technological solutions facilitating the treatment of post-traumatic stress in medical personnel; and
by striking out the figure “$100,000” and inserting in place thereof the following figure:- $600,000.
Budget Amendment ID: FY2021-S4-217
EHS 217
State Action for Public Health Excellence (SAPHE) funding technical
Ms. Comerford, Messrs. O'Connor, Lesser and Eldridge, Ms. Moran, Messrs. Keenan and Cyr moved that the proposed new text be amended in section 2, in item 4510-0100, by striking out the words:- “public health shared service arrangements across municipalities in accordance with the recommendations of the Special Commission on Local and Regional Public Health established under chapter 3 of the resolves of 2016” and inserting in place thereof the following:- “the state action for public health excellence program under section 27D of chapter 111 of the General Laws”.
Budget Amendment ID: FY2021-S4-222
EHS 222
Harm Reduction
Messrs. Cyr and Keenan moved that the proposed new text be amended in section 2, in item 4512-0206, by striking out the word “injection” and inserting in place thereof the following word “consumption”.
Budget Amendment ID: FY2021-S4-223
EHS 223
DDS Sex Offender Registry Information - Level 1 Access
Ms. Lovely, Ms. DiZoglio, Messrs. O'Connor, Welch and Velis moved that the proposed new text be amended by inserting the following new section:-
"SECTION XX. Subdivision (2) of section 178K of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 119 and 120, the words “the department of mental health” and inserting in place thereof the following words:- "the department of mental health and the department of developmental services.""
Budget Amendment ID: FY2021-S4-224
EHS 224
Electronic Nicotine Delivery Systems Flavor Ban & Content
Mr. Fattman moved that the proposed new text be amended by inserting following new sections:-
Section XX. Section 28 of chapter 270 of the General Laws, as amended by chapter 133 of the acts of 2019, is hereby amended by striking out section 28 and inserting in place thereof the following section:-
Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Characterizing flavor”, a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of an electronic nicotine delivery system, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no electronic nicotine delivery system shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.
“Constituent”, any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to an electronic nicotine delivery system during the processing, manufacturing or packaging of the electronic nicotine delivery system; provided, however, that “constituent” shall include a smoke constituent.
“Distinguishable”, perceivable by the sense of smell or taste.
“Electronic nicotine delivery system”, shall have the same meaning as in section 29.“Flavored electronic nicotine delivery system”, any electronic nicotine delivery system that contains a constituent that has or produces a characterizing flavor.
“Manufacturer”, a person that manufactures or produces an electronic nicotine delivery system.
“Person”, an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.
“Retail establishment”, a physical place of business or a section of a physical place of business in which an electronic nicotine delivery system is offered for sale to consumers.
“Retailer”, a person that operates a retail establishment.
“Smoke constituent”, any chemical or chemical compound in mainstream or sidestream smoke that transfers from any component of the electronic nicotine delivery system to the smoke or that is formed by the heating of additives or other component of the electronic nicotine delivery system.
“Electronic nicotine delivery system flavor enhancer”, any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any electronic nicotine delivery system.
(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed or offer for sale any flavored electronic nicotine delivery system or electronic nicotine delivery system flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored electronic nicotine delivery systems or electronic nicotine delivery system flavor enhancers for on-site consumption. No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein. This subsection shall not apply to the sale, distribution, causing to be sold or distributed or offer for sale of any product that receives a marketing order from the United States Food and Drug Administration under 21 U.S.C. § 387j.
(c) A person, retailer or manufacturer may make a sale of flavored electronic nicotine delivery systems by online, phone, or other means for delivery to a consumer located in another State.
(d) Public statements, claims or indicia made or disseminated by a manufacturer or by any person authorized or permitted by the manufacturer to make or disseminate public statements, claims or indicia concerning such electronic nicotine delivery system, that such electronic nicotine delivery system has or produces a characterizing flavor shall constitute presumptive evidence that the electronic nicotine delivery system is a flavored electronic nicotine delivery system.
(e) A person who violates this section shall be subject to the same fines established for violations of section 6.
(f) Marijuana or marijuana products as defined in section 1 of chapter 94G shall not be subject to this section.
(g) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement this section.
SECTION XX. Section 29 of chapter 270 of the General Laws, as amended by chapter 133 of the acts of 2019, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to retail tobacco stores or smoking bars. This subsection shall not apply to the sale of any product that receives a marketing order from the United States Food and Drug Administration under 21 U.S.C. § 387j.
SECTION XX. Notwithstanding any general or special law to the contrary, the department of revenue shall study and report on the impact to the Commonwealth’s tax revenue by the passage of this act. Said study shall analyze and compare the Commonwealth’s tax revenues, as impacted by Chapter 133 of the Acts of 2019 and this act, over a duration of time that allows for a comparison of each act’s impact. The department shall report its findings and recommendations by filing the same with the clerks of the senate and house of representatives, the respective chairs of the joint committee on revenue and the respective chairs of the committees on ways and means not later than January 2022.
SECTION XX. This act shall take effect on January 2021.
Budget Amendment ID: FY2021-S4-225
EHS 225
Millville COVID-19 Response Grant
Mr. Fattman moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $250,000 shall be expended for the purchase of a new ambulance by the town of Millville" ; and
in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$350,000”.
Budget Amendment ID: FY2021-S4-226
EHS 226
Barton Center Insulin Administration
Mr. Fattman moved that the proposed new text be amended by inserting after section __ the following section:-
Section XX. Subsection (d) of section 7 of chapter 94C of the General Laws is hereby amended by inserting, in line _, after the word “agents” the following words:- “and any counselor at a licensed medical specialty camp for children, as defined by 105 C.M.R. 430.020,”.
Budget Amendment ID: FY2021-S4-226-R1
Redraft EHS 226
Barton Center Insulin Administration
Mr. Fattman and Ms. Gobi moved that the proposed new text be amended by adding the following section:-
"SECTION XX. Subsection (d) of section 7 of chapter 94C of the General Laws is hereby amended by inserting, in line 116, after the word “agents” the following words:- “and any counselor at a licensed medical specialty camp for children, as defined by 105 C.M.R. 430.020,”.
Budget Amendment ID: FY2021-S4-226-R2
2nd Redraft EHS 226
Barton Center Insulin Administration
Mr. Fattman, Ms. Gobi and Mr. Moore moved that the proposed new text be amended by inserting after Section 54 the following section:-
“SECTION 54A. Notwithstanding any general or special law to the contrary, the department of public health, pursuant to its authority under subsection (g) of section 7 of chapter 94C of the General Laws, shall promulgate regulations to allow: (i) student nurses and recently graduated student nurses, as included in the definition of “nurse” in section 1 of said chapter 94C; (ii) medical specialty camp staff trained under the supervision of a practitioner as defined in section 1 of said chapter 94C; and (iii) certified diabetes care and education specialists in good standing with the Certification Board for Diabetes Education and Care, to administer medication to campers at medical specialty camps as defined in the state sanitary code.”
Budget Amendment ID: FY2021-S4-230-R1
Redraft EHS 230
Equity and Transparency in Infectious Disease Prevention
Ms. Rausch, Ms. Chang-Diaz, Ms. Comerford, Ms. DiZoglio, Ms. Gobi, Messrs. Eldridge, Collins and Kennedy, Ms. Jehlen, Mr. Moore and Ms. Creem moved that the proposed new text be amended in section 2, in item 4512-2021, by inserting after the word “coronavirus”, the fourth time it appears, the following:- ; provided further, that not later than February 15, 2021, the department shall commence a public education and outreach campaign that is culturally competent and linguistically diverse; provided further, that said campaign shall be designed to inform residents of the commonwealth generally about vaccine testing, safety and efficacy; provided further, that said campaign shall rely on scientific and medically accurate evidence and include partnerships with community-based organizations trusted in communities disproportionately impacted by the 2019 novel coronavirus and local public health departments and health care providers serving gateway municipalities.
Budget Amendment ID: FY2021-S4-230
EHS 230
Equity and Transparency in Infectious Disease Prevention
Ms. Rausch, Ms. Chang-Diaz, Ms. Comerford, Ms. DiZoglio, Ms. Gobi, Messrs. Eldridge, Collins and Kennedy and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4512-2021, by striking out the words “take into consideration the recommendations” and inserting in place thereof the following words:- follow any recommended revisions; and
by striking out, in each instance, the words “developing said plan” and inserting in place thereof the following words:- developing and implementing said plan; and
by inserting the following:- ; provided further, that said plan shall ensure that there be no out-of-pocket cost-sharing for a 2019 novel coronavirus vaccination; provided further, that the department of public health shall collect 2019 novel coronavirus vaccination data by key socioeconomic and demographic indicators, including race, gender, ethnicity, age, disability, sexual orientation and gender identity, primary language, occupation, household income, residence in elder care facilities and other congregate care settings, housing status, and zip code, and provide in the plan for said data collection and routine public reporting thereof not less than weekly, except where publication would result in disclosure of personally identifying information as defined in chapter 93H of the general laws; provided further, that not later than February 1, 2021, the department of public health shall collect and publish vaccination and exemption data for all scheduled vaccines as of January 8, 2021 for each child care center, early education and care program, family child care home, large family child care home, public preschool program, school-aged child care program, school that provides education to students in any combination of grade levels from kindergarten to grade 12, inclusive, recreational camp, and institution of higher education, except where publication would result in disclosure of personally identifying information as defined in chapter 93H of the general laws; provided further, that the department of public health may create an elevated risk notification and outreach system for the parents and guardians of children enrolled in, as well as teachers, staff, administrators, and other employees of any child care, camp, school, or institution of higher education, listed in the preceding clause, in which the program’s population does not have a percentage of people immune to one or more infectious diseases sufficient to resist the spread of infectious disease within that population; provided further, that not later than January 20, 2021, the department of public health shall commence a robust public education and outreach campaign that is culturally competent and linguistically diverse, designed to inform residents of the commonwealth generally about vaccine testing, safety, and efficacy, relying on scientific and medically accurate evidence, and including partnerships with community-based organizations trusted in communities disproportionately impacted by the 2019 novel coronavirus and local public health departments and health care providers serving diverse, gateway communities; and
by striking out the word “seek” and inserting in place thereof the following:- hold at least two public hearings on or before January 31, 2021, to gather and incorporate; and
by inserting before the words “and provided further” the following:- provided further, that the department shall invite to testify at said public hearings representatives of racially, ethnically and geographically diverse stakeholder groups; and
by striking out the words “and (v)” and inserting in place thereof the following:- (v) the status and preparedness of the department to gather and report data on the distribution of a 2019 novel coronavirus vaccine; (vi) the status of the general vaccine safety and efficacy public education and outreach campaign; and (vii); and
by striking out the word “availability” and inserting in place thereof the following:- safety, efficacy, and availability of; and
by striking out the words “efforts to prioritize”; and
by striking out the word “focused” and inserting in place thereof the word:- diverse; and
by inserting after the words “public awareness campaigns” the following:- and partnerships with community-based organizations trusted in communities disproportionately impacted by the 2019 novel coronavirus and local public health departments and health care providers serving diverse, gateway communities; and
by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $2,000,000.
Budget Amendment ID: FY2021-S4-231
EHS 231
Brookline Alzheimer's Respite Program
Ms. Creem moved that the proposed new text be amended in section 2, in item 9110-9002, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the operation of the Alzheimer's caregivers respite program at the Brookline senior center"; and by striking out the figure "$17,000,000" and inserting in place thereof the following figure:-"$17,025,000".
Budget Amendment ID: FY2021-S4-234
EHS 234
John M. Barry Boys & Girls Club of Newton
Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-1507, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the John M. Barry Boys & Girls Club of Newton for supplies, equipment and staff support for COVID-19 related remote school and after-school programs"; and by striking out the figure "$1,400,000" and inserting in place thereof the following figure:- "$1,450,000".
Budget Amendment ID: FY2021-S4-234-R1
Redraft EHS 234
John M. Barry Boys & Girls Club of Newton
Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-1507, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the John M. Barry Boys & Girls Club of Newton for capital improvements"; and by striking out the figure "$1,400,000" and inserting in place thereof the following figure:- "1,450,000".
Budget Amendment ID: FY2021-S4-235
EHS 235
Nuclear Power Plant Assessment
Ms. Moran, Messrs. Cyr and O'Connor moved that the proposed new text be amended by inserting after section___ the following section: -
“SECTION XX. Section 5K of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 65, the words "existing and proposed"
SECTION XX. Said section 5K of said chapter 111, as so appearing, is hereby further amended by inserting, in line 66, after the word "commonwealth", the following words:- , including a nuclear power plant that is no longer operating, until the U.S. Nuclear Regulatory Commission has approved all areas of the site for unrestricted use, excluding the Independent Spent Fuel Storage Installation licensed by the U.S. Nuclear Regulatory Commission, and the unrestricted use areas meet the radiological release criteria established in regulations promulgated pursuant to section 5N. Such assessments shall be.
SECTION XX. Subsection (E) of said section 5K of said chapter 111, as so appearing, is hereby amended by striking out the second and third sentences.
SECTION XX. Said section 5K of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 91 and 92, the words "General Fund and credited to the department" and inserting in place thereof the following words:- Radiation Control Trust account.”
Budget Amendment ID: FY2021-S4-236
EHS 236
Adult Foster Care Reimbursement Rate
Messrs. O'Connor, Tran, Brady, Moore and Tarr moved that the proposed new text be amended in section 2, in item 4000-0601, in line 18 by inserting after “or supplemental security income", the following:
“provided further, that the Commonwealth will authorize a 6% increase in AFC billing and require AFC providers to pay the entire amount to AFC caregivers as an additional stipend due to address additional responsibilities and PPE required during the COVID pandemic."
Budget Amendment ID: FY2021-S4-237
EHS 237
Behavioral Health Reimbursement Rates
Messrs. Keenan and O'Connor moved that the proposed new text be amended in section 2, in item 4000-0500, by adding the following words:- “; provided further, the division shall conduct a comparative analysis of the rate differential for inpatient psychiatric and substance abuse hospital per diem payments between MassHealth 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 and submit such analysis to the House and Senate Committees on Ways and Means and the Joint Committee on Mental Health, Substance Use and Recovery no later than January 1, 2021".
Budget Amendment ID: FY2021-S4-237-R1
Redraft EHS 237
Behavioral Health Reimbursement Rates
Messrs. Keenan, O'Connor and Cyr moved that the proposed new text be amended in section 2, in item 4000-0500, by adding the following words:- “; provided further, the executive office of health and human services shall conduct a comparative analysis of the rate differential for inpatient psychiatric and substance abuse hospital per diem payments between MassHealth 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 and submit such analysis to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery not later than January 1, 2021".
Budget Amendment ID: FY2021-S4-238-R1
Redraft EHS 238
Home Care Commission
Messrs. Cyr, Feeney, Crighton, Collins, O'Connor and Brady, Ms. Moran, Mr. Tarr and Ms. Comerford moved that the proposed new text be amended by inserting after Section 54 the following section:-
“SECTION 54A. (a) There shall be a special commission to study and make recommendations to the executive office of health and human services and the general court that shall establish a statewide licensing process for home care agencies in the commonwealth by not later than October 1, 2021. The commission shall study: (i) current licensure, reporting and oversight requirements across the long-term care services industry and support systems and other relevant state agencies, including the provider monitoring conducted by the aging services access points established in section 4B of chapter 19A of the General Laws, to avoid duplication or conflicting requirements; (ii) home care agency licensure requirements in other states; (iii) processes for implementing a statewide home care agency licensure process; and (iv) current licensure processes in the health care industry. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.
(b) The commission shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the secretary of elder affairs or a designee; the commissioner of public health or a designee; the assistant secretary for MassHealth or a designee; the chairs of the joint committee on elder affairs, or their designees; and 6 persons to be appointed by the governor, 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, 1 of whom shall be a consumer of home care services and 1 of whom shall be representative of a home care agency that operates in multiple localities throughout the commonwealth.
(c) The commission shall make recommendations on: (i) strategies to implement a statewide home care agency licensure process; (ii) licensure, reporting and oversight requirements for the home care agencies; (iii) standards for the issuance of a provisional license; (iv) ensuring that recommendations for a home care agency licensure process will align with state oversight process already in place through the aging services access points established in section 4B of chapter 19A of the General Laws, the home care worker registry established in section 4D of said chapter 19A and the nurse aide registry pursuant to sections 72F to 72L, inclusive, of chapter 111 of the General Laws; (v) conducting a market analysis on the need for additional home care services by local or regional service areas or oversupply of providers in a local or regional service area and on the availability of culturally competent home care services, taking into consideration the adequacy of services delivered to consumers enrolled in publicly funded programs such as the state home care program managed by the aging services access points; (vi) a comprehensive annual cost report and filing process; and (vii) any other matters pertaining to licensing home care agencies, including, but not limited to, recommendations to inform rules and regulations for: (A) licensure standards of all home care agencies; (B) a suitability review process for new owners not currently operating a home care agency in the commonwealth; and (C) a process for the transfer of a license among licensed home care agency holders.
(d) The commission shall file a report containing its findings, including findings from the market analysis recommendations under subsection (c), and recommendations, including any recommendations on regulatory, statutory, or other measures to improve the accessibility and sustainability of the home care industry, with the executive office of health and human services, the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health not later than June 30, 2021.”.
Budget Amendment ID: FY2021-S4-238
EHS 238
Home Care Commission
Messrs. Cyr, Feeney, Crighton, Collins, O'Connor and Brady, Ms. Moran, Mr. Tarr and Ms. Comerford moved that the proposed new text be amended by inserting after section __ the following section:-
SECTION X. (a) There shall be a special commission to study and make recommendations to the Executive Office of Health and Human Services and the Legislature that shall establish a statewide licensing process for home care agencies in the commonwealth by no later than October 1, 2021. The commission shall study: (i) current licensure, reporting and oversight requirements across the long-term care services industry and support systems and other relevant state agencies, including the provider monitoring conducted by the aging services access points established in section 4B of chapter 19A of the General Laws, to avoid duplication or conflicting requirements; (ii) home care agency licensure requirements in other states; (iii) processes for implementing a statewide home care agency licensure process; and (iv) current licensure processes in the health care industry in Massachusetts. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.
(b) The commission shall consist of the following 13 members: the commissioner of public health or their designee, who shall serve as chair; the secretary of elder affairs or their designee; the secretary of health and human services or their designee; the assistant secretary for MassHealth or their designee; the chairs of the joint committee on elder affairs or their designees; and 7 persons to be appointed by the governor: 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, 1 of whom shall be a consumer of home care services and 1 of whom shall be representative of a home care agency that operates in multiple localities throughout Massachusetts.
(c) The commission shall make recommendations on: (i) strategies to implement a statewide home care agency licensure process; (ii) licensure, reporting and oversight requirements for the home care agencies; (iii) the standards for the issuance of a provisional license; (iv) ensuring recommendations for home care agency licensure process will align with state oversight process already in place through the aging services access points established in section 4B of chapter 19A of the General Laws, the home care worker registry established in section 4D of said chapter 19A and the nurse aide registry pursuant to sections 72F to 72L, inclusive, of chapter 111 of the General Laws; and (v) any other matters pertaining to licensing home care agencies, including but not limited to recommendations for Executive Office of Health and Human Services rules and regulations for the licensing and licensure standards of all home care agencies, a suitability review process for new owners not operating a home care agency in Massachusetts, a process for the transfer of a license among licensed home care agency holders, and a comprehensive annual cost report filing requirement. Prior to filing its’ final report and in consultation with the Executive Office of Health and Human Services, the commission shall also conduct a market analysis on the need for additional home care services by local or regional service areas and on the availability of culturally competent home care services. That market analysis will consider the impact on the adequacy of services delivered to consumers enrolled in publicly funded programs including the state Home Care Program managed by the Aging Services Access Points. The commission’s final report shall include findings from this market analysis and make recommendations on regulatory or statutory measures to address any market dysfunction, including a moratorium on the granting of new licenses for home care providers in regional service areas where demographic and market evidence documents an oversupply of providers and for such period of time as such oversupply exists.
(d) The commission shall submit a report containing its findings and recommendations, including drafts of proposed legislation to carry out its recommendations, by filing the same the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health not later than June 30, 2021.
Budget Amendment ID: FY2021-S4-240
EHS 240
Expanded Medicare Savings Program
Mr. Tarr 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 secretary of administration and finance, in consultation with the secretary of health and human services, may transfer from the prescription advantage program in item 9110-1455 of section 2 and the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws in fiscal year 2021, the amount necessary to support the Medicare Savings or Medicare Buy-In programs established in
section 25A of chapter 118E of the General Laws; provided, however, that the secretary of health and human services shall certify to the senate and house committees on ways and means, not less than 45 days in advance of the transfer, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer."
Budget Amendment ID: FY2021-S4-241
EHS 241
Access to Emergency Services on Nantucket and Martha's Vineyard
Mr. Cyr moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following words:- “; provided further, that funds shall be expended to the Nantucket Cottage Hospital and Martha's Vineyard Community Services for off-island medical transportation, including the transportation of patients with behavioral health conditions”.
Budget Amendment ID: FY2021-S4-243
EHS 243
Expedited Food Service Licensing
Ms. DiZoglio, Messrs. Tarr and Fattman moved that the proposed new text be amended by adding the following section:
SECTION XX. Notwithstanding any general or special law to the contrary, an establishment that is licensed under section 12 of chapter 138 of the General Laws to serve wine, malt beverages, mixed drinks or any other alcoholic beverages for on-premises consumption may apply to such establishment’s local licensing authority for a Food Service Establishment Permit to serve food prepared on-site and intended for immediate consumption pursuant to 105 CMR 590.00, in order to be categorized as a restaurant for purposes of the phased plan for reopening of workplaces, businesses and other facilities across the commonwealth by executive orders of the governor of the commonwealth in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19, and, in the event of issuance of such permit, shall be authorized to operate and serve seated patrons without restriction or limitation or other requirement regarding which menu items are being served to a particular seated patron for consumption on-premises so long as restaurants are permitted to be open and operational under the phased plan for reopening; provided, however, that such establishments otherwise comply with all other general business reopening guidelines and sector-specific COVID-19 safety standards imposed on restaurants. Local licensing authorities are directed to take all necessary action to expedite the review and processing of such applications and issuance of such permits, which issuance shall not be unreasonably withheld. The commissioner of public health shall be authorized to issue rules and regulations to ensure the timely and effective implementation of this section.
Budget Amendment ID: FY2021-S4-244
EHS 244
Healthcare Workers Covid-19 Protection And Presumption
Messrs. Feeney, Timilty, Moore, Brady, O'Connor, Velis, Keenan, Tarr and Crighton moved that the proposed new text be amended by adding the following new section:
Section XX.
SECTION 1. For purposes of this Act, the following terms shall have the following meanings:-
“State of emergency”, the state of emergency called by Executive Order No. 591 dated March 10, 2020 concerning the health care crisis caused by the COVID-19 virus, along with any subsequent states of emergency that may be declared by the Commonwealth from time to time or at any time due to health care concerns raised by the COVID-19 virus.
SECTION 2. Chapter 34 of Section 152 of the general laws is hereby amended by inserting the following language after the second paragraph of said Chapter:
Notwithstanding any general or special law, rule or regulation to the contrary, any frontline healthcare worker, working in a healthcare facility or in the community, who has symptoms of or otherwise becomes infected with or is suspected to be infected with COVID-19 that results in a period of hospitalization, quarantine, or requires self-quarantine measures as a result of being infected or coming into contact with someone who is infected with the COVID-19 virus, shall have their medical condition or incapacity to work presumed to be work-related and constitute a per se qualification for protection under this Section, without application of any waiting period.
Said healthcare worker shall not be required to use said healthcare worker’s accrued sick time, vacation time, personal time or any other contractual time-off to cover said period of incapacitation or inability to perform regular duty work.
SECTION 3. The employer shall allow the healthcare worker to return to the worker’s previous position of employment when the period of quarantine, self-quarantine, recovery, or hospitalization is concluded.
SECTION 4. The provisions of Sections 23 and 24 of Chapter 152 do not apply to claims brought under this Act, unless the employer demonstrates compliance with all relevant and active orders and advisories of the Governor of the Commonwealth concerning workplace safety restrictions during the state of emergency, such as, but not limited to, the provision to healthcare workers of appropriate Personal Protective Equipment and appropriate safe distancing opportunities.
SECTION 5. This act shall be in force to protect healthcare workers who are exposed to the COVID-19 virus or are advised to quarantine or self-quarantine by any health official during the pendency of the state of emergency.
SECTION 6. A healthcare worker who chooses not to return to work for an essential employer due to a good-faith concern that the worker may be exposed to the COVID-19 virus will be considered eligible for benefits under Chapter 151A as if the essential worker had been constructively discharged.
Budget Amendment ID: FY2021-S4-246
EHS 246
Disability Employment Tax Credit
Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following section:-
"SECTION _. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby further amended by adding the following subsection:-(w)
(1) An employer that is not a business corporation subject to the excise under chapter 63, shall be allowed a credit equal to $2,000 or 30 per cent of the wages paid to each qualified employee with a disability in a taxable year, whichever is less, against the tax liability imposed by this chapter. If a credit allowed by this subsection exceeds the tax otherwise due under this chapter, 100 per cent of the balance of such credit may, at the option of the taxpayer, be refundable to the taxpayer.
In order to qualify, the employee with a disability must be certified by the Massachusetts rehabilitation commission as meeting the definition of disability in the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.; capable of working independently; physically or mentally impaired in a manner that constitutes or results in a substantial impediment to employment for the individual; and hired by the employer after July 1, 2021.
(2) To be eligible for a credit under this subsection:
(a) the primary place of employment and the primary place of residence of the employee must be in the commonwealth,
(b) the business shall receive the applicable certification from the Massachusetts rehabilitation commission that the employee qualifies not later than the day the employee begins work; provided, reasonable exceptions to this timeframe may be established through regulation, and
c) the employee must have been employed by the business for a period of at least 18 consecutive months prior to and in the taxable year in which the credit is claimed.
(3) An employer that is eligible for and claims the credit allowed under this subsection in a taxable year with respect to a qualified employee with a disability shall be eligible for a credit of up to $2,000 in the subsequent taxable year with respect to such qualified employee. Any credit allowed under this subsection shall not be transferable.
(4) The secretary of health and human services, in consultation with the commissioner, shall promulgate regulations establishing an application process for the credit.
(5) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection, and shall be allowed as a credit against the tax due under this chapter of such owners, partners or members, in a manner determined by the commissioner."
Budget Amendment ID: FY2021-S4-247
EHS 247
Holyoke Soldiers' Home Funding
Mr. Velis, Ms. Gobi, Ms. Comerford, Messrs. Timilty, Welch and Lesser moved that the proposed new text be amended in section 2, in item 4190-0100, by adding the following words:- “; provided further, that no less than $200,000 shall be expended to for the creation of an Ombudsman’s Office to act as an independent, impartial and confidential resource for the community; and provided further, that no less than $200,000 shall be expended to the Home to ensure the best quality of resources;”
And in said section 2, in said item 4190-0100, by striking out the figure “$25,090,867” and inserting in place thereof the following figure:- “$25,490,867”.
Budget Amendment ID: FY2021-S4-247-R1
Redraft EHS 247
Holyoke Soldiers' Home Funding
Mr. Velis, Ms. Gobi, Ms. Comerford, Messrs. Timilty, Welch, Lesser, O'Connor, Moore, Eldridge and Tarr moved that the proposed new text be amended in section 2, in item 4190-0100, by adding the following words:-
“; provided further, that not less than $200,000 shall be expended for the creation of an ombudsman’s office at the Soldiers’ Home in Holyoke to act as an independent, impartial and confidential resource for the community; and provided further, that not less than $200,000 shall be expended for the Soldiers’ Home in Holyoke to ensure the best quality of resources for patients and staff”; and
in said section 2, in said item 4190-0100, by striking out the figure “$25,090,867” and inserting in place thereof the following figure:- “$25,490,867”.
Budget Amendment ID: FY2021-S4-248
EHS 248
Healthy Lives Program
Ms. Creem moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following words:- "; provided further, that not less than $250,000 shall be expended for the Brookline Community Mental Health Center, Inc. to expand the healthy lives program"; and by striking out the figure "$113,534,922" and inserting in place thereof the following figure:- "$113,784,922".
Budget Amendment ID: FY2021-S4-249
EHS 249
Department of Mental Health
Mr. Pacheco moved that the proposed new text be amended in section 2, in item 5095-0015, by inserting the following words:- “provided further, that the department shall maintain not less than 671 inpatient beds in its system in fiscal year 2021; provided further, that of the 671 beds, not less than 50 beds shall be continuing care inpatient beds on the campus of Taunton state hospital; provided further, that if the average number of continuing care inpatient beds operated at Taunton state hospital is less than 50 continuing care inpatient beds in any month, the department shall submit a report within 15 days after the end of that month to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery on the circumstances causing the reduced bed count; provided further, that notwithstanding the previous proviso, Taunton state hospital shall not operate less than 45 continuing care inpatient beds at any time; provided further, that within the existing appropriation, the department may operate more beds at Taunton state hospital; provided further, that the department shall operate not less than 260 adult continuing care inpatient beds at Worcester Recovery Center and Hospital; provided further, that the department shall not take action in fiscal year 2021 to reduce the number of state-operated continuing care inpatient beds or other state-operated programs at the Taunton state hospital campus or relocate administrative hospital services associated with the operation of the hospital off campus; provided further, that the department shall not enter into new vendor-operated lease agreements or expand existing vendor-operated programs; provided further, that the department shall not enter into new interagency agreements or expand existing interagency agreements, programs or facilities until the department, in conjunction with the division of capital asset management and maintenance, develops a comprehensive long-term use master plan for the campus not later than March 2, 2021 with appropriate community input that is consistent with maintaining the publicly-provided mental health services that are currently delivered on-campus at Taunton state hospital; provided further, that the plan shall include maintenance of existing affiliations with institutions of higher education and possible future relationships with those institutions and others to maintain the sustainability of Taunton state hospital; provided further, that the plan shall be consistent with maintenance of the Taunton state hospital campus as a publicly-run mental health facility and shall not prohibit the inclusion of behavioral health programs or publicly-run pilot programs to meet the needs of individuals with mental health diagnoses, behavioral health diagnoses and those dual-diagnosed on the campus as part of the comprehensive master plan; provided further, that the master 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 use and recovery and the house and senate committees on ways and means; provided further, that the department may authorize on the campus of Taunton state hospital, a behavioral health emergency department relief pilot program to accept medically-stable individuals with high acuity behavioral health and dual diagnoses from emergency departments in the southeast region; provided further, that medically-stable patients presenting in an emergency department with a high acuity behavioral health condition or who have a dual diagnosis shall be transferred to the pilot program if another appropriate setting cannot be located within 4 hours of admission to the emergency department; provided further, that the pilot program shall care for patients either for 14 days following admission or until an appropriate placement is found that meets the patient’s needs, whichever is sooner; provided further, that the pilot program may be operated by the department and staffed by department registered nurses, psychiatrists and other staff as needed; provided further, that within the first 6 months following the authorization of the program by the department, in consultation with the department of public health, the National Alliance on Mental Illness, the Massachusetts Nurses Association and the Emergency Nurses Association shall establish a staffing plan and program protocols; provided further, that for the purposes of the pilot program, Taunton state hospital may accept patients classified under section 12 of chapter 123 of the General Laws; provided further, that the pilot program may be authorized to operate for up to 2 years, with a report to be filed by the department with the joint committee on mental health, substance use and recovery within 6 months after the conclusion date of the program; provided further, that the report shall evaluate the success of the program in decreasing emergency department overcrowding in the southeast region and the quality of care provided in the program; and provided further, that the report may be drafted by an independent entity, utilizing data from the department and the local hospitals in the southeast region;”.
Budget Amendment ID: FY2021-S4-251
EHS 251
Citizenship for New Americas Program
Messrs. Tarr, Eldridge and Moore moved that the proposed new text be amended in section 2, in item 4003-0122, by striking out the figures "$1,026,574" and inserting in place thereof the figures "$1,526,575".
Budget Amendment ID: FY2021-S4-252
EHS 252
Elder Supportive Housing
Messrs. Crighton and O'Connor and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 9110-1604, by inserting after the word “sites” the following words:- “ provided, that not less than $1,440,000 shall be expended to fund existing sites and expand the existing program by establishing not less than 10 additional supportive housing sites”; and by striking out the figures "$6,309,422" and inserting in place thereof the figures "$7,753,422"
Budget Amendment ID: FY2021-S4-253
EHS 253
Summer Camp Stabilization Trust Fund
Messrs. Hinds and Moore, Ms. Gobi, Messrs. Welch, Timilty, O'Connor, Brady, Velis, Crighton, Tarr and Cyr and Ms. Lovely moved that the proposed new text be amended by adding at the end thereof the following:-
“SECTION XX. Chapter 10 of the General Laws is hereby amended by inserting after section 35MMM, inserted by section 9 of chapter 41 of the acts of 2019, the following section:-
Section 35NNN. (a) There shall be a Summer Camp Stabilization Trust Fund that shall be administered by the commissioner of the department of public health, for the purpose of stabilizing licensed summer camp and youth programs. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient at any point.
(b) Annually, not later than December 1, the commissioner shall submit a report detailing expenditures from the trust fund to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the chairs of the joint committee on education, and the chairs of the joint committee on public health.”
Budget Amendment ID: FY2021-S4-253-R1
Redraft EHS 253
Summer Camp Stabilization Trust Fund
Messrs. Hinds and Moore, Ms. Gobi, Messrs. Welch, Timilty, O'Connor, Brady, Velis, Crighton, Tarr and Cyr and Ms. Lovely moved that the proposed new text be amended by inserting after Section 6 the following section:-
“SECTION 6A. Said chapter 10 is hereby further amended by inserting after section 35NNN the following section:-
Section 35OOO. (a) There shall be established and set up on the books of the commonwealth a Summer Camp Stabilization Trust Fund for the purpose of stabilizing licensed summer camps.
(b) The fund shall be administered by the department of public health and credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money.
Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be made available for expenditure in the following fiscal year. No expenditure shall be made from the fund that causes the fund to become deficient at any point.
(c) Annually, not later than December 1, the commissioner of public health shall file a report detailing expenditures from the fund to the clerks of the senate and the house of representatives, the senate and house committees on ways and means, the joint committee on education and the joint committee on public health.”.
Budget Amendment ID: FY2021-S4-254
EHS 254
Summer Camp Stabilization Fund Extension
Mr. Hinds and Ms. Creem moved that the proposed new text be amended by adding at the end thereof the following:-
“SECTION XX. Chapter 124 of the Acts of 2020 is hereby amended, in item 1599-1232, by adding after the words “operating in the summer of 2020” the words “or 2021”.".
Budget Amendment ID: FY2021-S4-256
EHS 256
MassHealth Secondary for First Responders
Mr. Hinds and Ms. DiZoglio 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 full-time first responders shall be eligible for both MassHealth coverage and employer-sponsored insurance under a third-party liability arrangement”.
Budget Amendment ID: FY2021-S4-258
EHS 258
Forsyth Institute's Center for Children's Oral Health
Mr. Crighton moved that the proposed new text be amended in section 2, in item 4512-0500, by adding the following words:- “; provided further, that $475,000 shall be expended for the Forsyth Institute’s Center for Children’s Oral Health to expand its ForsythKids programming focused on children and adolescents and to explore the emerging association between oral health status and academic performance”; and by striking out the figure “1,734,246” and inserting in place thereof the following figure:- “$2,209,246”.
Budget Amendment ID: FY2021-S4-259
EHS 259
Reading Radio Services
Mr. Moore, Ms. Gobi, Messrs. Cyr and Eldridge, Ms. Chandler, Messrs. Welch, Lesser, Velis and Tran moved that the proposed new text be amended in section 2, in item 4110-1000, by adding the following words:- “; provided, that not less than $50,000 shall be expended to each of the following radio reading services: Audible Local Ledger, Inc., Audio Journal, Incorporated, Berkshire Talking Chronicle, Lowell Association for the Blind, Inc. and Valley Eye Radio, Inc.”.
Budget Amendment ID: FY2021-S4-260
EHS 260
Hanover Pandemic Response Mobile Integrated Program
Mr. Brady moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "provided further, that $100,000 shall be expended for the Mobile Integrated health program in the town of Hanover to cover the cost of paramedics for in-home testing and follow up counseling from local nurses to the elderly and most vulnerable residents showing symptoms of covid-19''.
and by striking out the figure "$100,000" and inserting in place thereof the following figure:-"$200,000".
Budget Amendment ID: FY2021-S4-261
EHS 261
United Way of Greater Plymouth County
Mr. Brady moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:-"provided further, that $150,000 shall be expended to the United Way of Greater Plymouth County to address pandemic related demands, through the Family Center and Community Connections, on food at local pantries, homeless shelters and the increased number of unemployed in order to have the greatest positive impact on the lives of our most vulnerable families and individuals with not less than $50,00 being expended to Brockton’s Champions Plan for COVID-19 related issues in providing Opioid Treatment and Recovery": and by striking out the figure ''$100,000" and inserting in place thereof the following figure:- "$250.000".
Budget Amendment ID: FY2021-S4-261-R1
Redraft EHS 261
United Way of Greater Plymouth County
Mr. Brady moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $150,000 shall be expended to the United Way of Greater Plymouth County, Inc. to address the COVID-19-related demands at local pantries and homeless shelters and needs of the increased number of unemployed individuals through its Family Resource Center and Community Connections programs, with not less than $50,000 being expended to Champions Plan in the city of Brockton for COVID-19-related issues in providing opioid treatment and recovery"; and
in said section 2, in said item 1599-1233, by striking out the figure ''$100,000" and inserting in place thereof the following figure:- "$250,000".
Budget Amendment ID: FY2021-S4-262
EHS 262
Prohibiting discrimination based on developmental disabilities in abortion procedures
Mr. Tran moved that the proposed new text be amended by inserting after section _ the following:-
"SECTION_. Chapter 112 is hereby amended by inserting after section 12M the following new section:-
Section 12M 1/2. Notwithstanding regulations listed within M.G.L. c.112 §§ 12L, 12M 12K, 12P, 12O, an abortion as defined in M.G.L. c.112 §12k shall not be performed if reasoning for said abortion is due to the fetus based on the medical professional scheduled to perform the procedure’s best medical reasoning may be born with intellectual and developmental disabilities including but not limited to autism and down syndrome. Said abortion may only be performed after the pregnant individual and or parents of the minor pregnant individual have consulted with advisability group with respect to the intellectual and or developmental disability that the medical professional has stated the fetus may be born with."
Budget Amendment ID: FY2021-S4-262.1
Further EHS 262.1
Lethal fetal anomaly
Messrs. Tarr and O'Connor moved that the amendment be amended by striking the underlying amendment and inserting in place thereof the following:-
"SECTION _. Section 12M of Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “health” the following:-
in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly, or the fetus is incompatible with sustained life outside the uterus."
Budget Amendment ID: FY2021-S4-263
EHS 263
Community Hospital and Health Center Investment Trust Fund
Messrs. Velis, O'Connor and Brady moved that the proposed new text be amended in section 3, by adding the following sections:
SECTION XX. Chapter 12C of the General Laws is hereby amended by striking out section 23 and inserting in place thereof the following section:-
Section 23. Subject to appropriation, the center shall transfer annually $10,000,000 to the Community Hospital and Health Center Investment Trust Fund established in section 2TTTT of chapter 29, not later than June 30; provided, however, that such transfer shall not result in an increase in the assessment calculated under section 7.
SECTION YY Chapter 29 of the General Laws is hereby amending by striking out section 2TTTT and inserting in place thereof the following section:- Section 2TTTT. (a) There shall be a Community Hospital and Health Center Investment Trust Fund to be expended, without further appropriation, by the secretary of health and human services. The fund shall consist of money from public and private sources, including gifts, grants and donations, interest earned on such money, any other money authorized by the general court and specifically designated to be credited to the fund and any funds provided from other sources. Money in the fund shall be used to provide annual financial support in an amount not to exceed $25,000,000 per fiscal year, consistent with the terms of this section, to eligible acute care hospitals and community health centers. The secretary, as trustee, shall administer the fund and shall make expenditures from the fund consistent with this section. (b) The secretary may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that, subject to subsection (e), no expenditure shall be made from the fund which shall cause the fund to be deficient at the close of a fiscal year. Subject to subsection (i), revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. (c) The secretary shall periodically direct payments from the fund to eligible acute care hospitals and community health centers. To be eligible to receive payment from the fund, an acute care hospital (1) shall be licensed under section 51 of chapter 111; (2) shall not be or be corporately affiliated with an academic medical center, teaching hospital or specialty hospital; and (3) shall not be a hospital with relative prices that are at or above 90 per cent of the statewide average relative price, as determined by the center for health information analysis. To be eligible to receive payment from the fund, a community health center must be certified as a community health center by the MassHealth program under 101 CMR 405.000 or any successor regulation. (d) In directing payments in a given fiscal year, the secretary shall allocate payments to eligible acute care hospitals and community health centers in the following manner: (1) 50 per cent of payments shall be directed to eligible acute care hospitals in form of Medicaid supplemental payments or other appropriate mechanism; and (2) 50 per cent of payments shall be directed to community health centers in the following manner and allocation: 25 per cent of the total community health center allocation shall be directed to community health centers in the form of grants, and 75 per cent of the total community health center allocation shall be directed to community health centers in the form of enhanced Medicaid payments. The secretary shall establish by regulation or other appropriate written issuance any further eligibility criteria for allocation of payments pursuant to this subsection. (e) The secretary may require as a condition of receiving payment from the fund any such reasonable condition of payment that the secretary determines necessary to ensure the availability, to the extent possible, of federal financial participation for the payments, and the secretary may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipt of federal financial participation for the payments. Subject to appropriation, an amount equal to the total annual anticipated federal financial participation generated by the payments shall be transferred to the Community Hospital and Health Center Investment Trust Fund not later than June 30. (f) The executive office of health and human services may promulgate regulations as necessary to carry out this section. (g) Not later than October 15 of each fiscal year, the secretary shall file a report with the joint committee on health care finance and the house and senate committees on ways and means detailing the allocation and recipient of each payment during the prior fiscal year, including any payments made under subsection (i). (h) An amount equal to the total receipts from the penalty established under chapter 63D shall be transferred from the General Fund to the Community Hospital and Health Center Investment Trust Fund before the end of each fiscal year. (i) In the event that the total amount the in the fund in a given fiscal year is sufficient to provide the maximum amount of annual financial support specified in subsection (a) to eligible acute care hospitals and community health centers, any remaining revenues deposited in the fund under subsection (h) shall revert to the general fund to support increased investments in primary care and behavioral health in a manner that maximizes federal financial participation.
Budget Amendment ID: FY2021-S4-264-R1
Redraft EHS 264
Mental Health Promotion
Messrs. Cyr, O'Connor, Brady and Tarr moved that the proposed new text be amended by adding the following words:-
“; provided further, that not less than $150,000 shall be provided for a study assessing the availability of culturally competent behavioral health providers in the commonwealth conducted by the office of health equity, in consultation with the department of public health and the department of mental health; provided further, that the study may be conducted by an entity with a demonstrated capacity to deliver research results passing an academic peer-review process in analyzing both quantitative and qualitative data and to communicate study results in an accessible manner; provided further, that the study shall review the availability of culturally competent behavioral health providers within networks of both public and private health care payers and identify potential barriers to care for underserved cultural, ethnic and linguistic populations in the community; provided further, that the review shall include, but not be limited to: (i) the number of culturally competent and diverse behavioral health providers that reflect the cultural, ethnic and linguistic population of the community; (ii) the existence of culturally competent services; (iii) geographic challenges to access culturally competent providers; (iv) training opportunities for providers to most effectively serve diverse populations; and (v) consideration of the impact of gender, gender identity, race, ethnicity, sexual orientation, status as a client of the department of children and families, status as an incarcerated or formerly incarcerated individual, including justice-involved youth and emerging adults, status as a veteran, status as an individual with post-traumatic stress disorder, status as an aging adult, linguistic barriers and social determinants of health on access to behavioral health services; provided further, that the office of health equity shall receive data to complete the charge of this study under memorandums of understanding with the center for health information and analysis established under chapter 12C of the General Laws, the group insurance commission established under chapter 32A of the General Laws and MassHealth established under chapter 118E of the General Laws, respectively; and provided further, that not later than December 31, 2021, the office shall submit the findings of the study to clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means”; and
in said section 2, in said item 4513-2020, by striking out the figure “$5,645,000” and inserting in place thereof the following figure:-
"$5,795,000”; and
in said section 2, in line item 8900-0001 by striking out the words, “(i) number of prisoners subjected to solitary confinement” and inserting in place thereof the following words:- “(i) number of prisoners subjected to solitary confinement and their voluntarily disclosed sexual orientation, as defined in section 3 of chapter 151B, and gender identity, as defined in section 7 of chapter 4”.
Budget Amendment ID: FY2021-S4-264
EHS 264
Mental Health Promotion
Messrs. Cyr, O'Connor, Brady and Tarr moved that the proposed new text be amended by inserting the following section: -
"Section XX. There shall be an office of mental health promotion established within the executive office of health and human services; provided, that the office may enter into service agreements with the department of public health or the department of mental health to fulfill the obligations of the office and coordinate mental health promotion and wellness programs, campaigns, and initiatives of the Commonwealth; and provided further, that the office shall submit a report to the chairs of the joint committee on mental health, substance use and recovery not later than July 31, 2021 on the development of the office and the implementation of programming, including personnel costs and an organizational structure plan. Said report shall also address efforts to consolidate mental health related advertising campaigns, social media accounts and related websites under the control of the office of mental health promotion. The office of mental health promotion shall provide staffing support for the community behavioral health promotion and prevention commission, established in section 1 of chapter 208 of the acts of 2018."; and
that the proposed new text be amended, in section 6, by inserting after the words “subsection (c).”, in line 9, the following words:- “The secretary of the executive office of health and human services may expend revenue generated from section 27 of chapter 133 of the acts of 2019 for any operating costs associated with the office of mental health promotion."
Budget Amendment ID: FY2021-S4-265
EHS 265
Tracking The Public Health Impact of Evictions
Ms. Jehlen, Messrs. Eldridge and Welch, Ms. Rausch, Mr. Lesser and Ms. Chang-Diaz moved that the proposed new text be amended by inserting the following section:-
"SECTION XX. Subsection (c) of Chapter 93 of the Acts of 2020 is hereby amended by inserting, after the word 'occupation' the following:-
(ix) number of people living in the home and whether they were recently evicted or moved due to threat of eviction;"
Budget Amendment ID: FY2021-S4-266
EHS 266
Regional EMS Councils
Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0790, by adding after the words “emergency direction centers,” the following:- “provided, that the department shall analyze the financial viability of such councils and centers, and develop a plan to increase their sustainability. Said analysis and plan, together with any legislative recommendations, shall be filed not later than 9 months following the passage of this act with the clerks of the House and Senate.”; and
by striking out the figure “$907,000” and inserting in place thereof the following figure:- 1,000,000.
Budget Amendment ID: FY2021-S4-266-R1
Redraft EHS 266
Regional EMS Councils
Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0790, by adding the following words:- “; provided further, that the department of public health shall analyze the financial viability of such councils and centers and develop a plan to increase their sustainability; and provided further, that not later than 9 months following the effective date of this act, the department shall file its analysis, plan and legislative recommendations with the clerks of the senate and house of representatives and the house and senate committees on ways and means”; and
by striking out the figure “$907,000” and inserting in place thereof the following figure:- “$1,000,000”.
Budget Amendment ID: FY2021-S4-268
EHS 268
Penalty on Drug Manufacturers for Excessive Price Increases
Mr. Cyr, Ms. Rausch, Ms. Moran and Mr. Montigny moved that the proposed new text be amended by inserting after section __ the following sections:-
"SECTION X. The General Laws are hereby amended by inserting after chapter 63B the following chapter:-Chapter 63C. Penalty on drug manufacturers for excessive price increases
Section 1. “Commissioner”, the commissioner of revenue. “Consumer price index”, the consumer price index for all urban consumers for Boston, as most recently reported by the federal Bureau of Labor Statistics. “Drug”, any medication, as identified by a National Drug Code, approved for sale by the U.S. Food and Drug Administration. “Excessive price,” the price of a drug if it exceeds the sum of (a) the reference price of that drug, as adjusted for any increase or decrease in the consumer price index since the reference price was determined, and (b) an additional two percent of the reference price for each 12 month period that has elapsed since the date on which the reference price was determined. The two percent increment provided in (b) of the preceding sentence shall compound annually on the first day of the first calendar quarter commencing after the end of each 12 month period described therein. “Excessive price increase”, the amount by which the price of a drug exceeds the sum of (a) the reference price of that drug, as adjusted for any increase or decrease in the consumer price index since the reference price was determined, and (b) an additional two percent of the reference price for each 12 month period that has elapsed since the date on which the reference price was determined. The two percent increment provided in (b) shall compound annually on the first day of the first calendar quarter commencing after the end of each 12 month period described therein. “Person”, any natural person or legal entity. “Price”, the wholesale acquisition cost of a drug, per unit, as reported to the First Data Bank or other applicable price compendium designated by the commissioner. 'Reference price', the price of a drug as of July 1, 2020, or in the case of any drug first commercially marketed in the United States after July 1, 2020, the price of the drug on the date when first marketed. “Related party”, an entity is a related party with respect to a person if that entity belongs to the same affiliated group as that person under section 1504 of the Internal Revenue Code, as amended and in effect for the taxable year, or if the entity and the person are otherwise under common ownership and control. “Unit”, the lowest dispensable amount of a drug.
Section 2. (a) Any person who manufactures and sells drugs, directly or through another person, for distribution in the commonwealth and who establishes an excessive price for any such drug directly or in cooperation with a related party, shall pay a per unit penalty on all units of the drug ultimately dispensed or administered in the commonwealth. The penalty for each unit shall be 80 per cent of the excessive price increase for each unit, determined at the beginning of the calendar quarter. (b) A person who establishes an excessive price for a drug as described in subsection (a) shall file a return as provided in section 4 declaring all units of excessively priced drug sold for distribution in the commonwealth during the quarter. In the event that a person filing such a return pays a penalty with regard to one or more units of drug that are ultimately dispensed or administered outside of the commonwealth, the person may claim a credit for such penalty amounts on the return for the tax period during which such units are ultimately dispensed or administered.
Section 3. The penalty under section 2 shall apply for any calendar quarter only to a person who maintains a place of business in the commonwealth or whose total sales of all products, directly or through another person, for distribution in the commonwealth were more than $100,000 in the prior 12 month period. The penalty shall not apply more than once to any unit of drug sold.
Section 4. Any person subject to the penalty under section 2 shall file a return with the commissioner and shall pay the penalty by the fifteenth day of the third month following the end of each calendar quarter, subject to such reasonable extensions of time for filing as the commissioner may allow. The return shall set out the person’s total sales subject to penalty in the immediately preceding calendar quarter and shall provide such other information as the commissioner may require.
Section 5. The penalty imposed under this chapter shall be in addition to, and not a substitute for or credit against, any other penalty, tax or excise imposed under the General Laws.
Section 6. The commissioner may disclose information contained in returns filed under this chapter to the department of public health for purposes of verifying that a filer’s sales subject to penalty are properly declared and that all reporting is otherwise correct. Return information so disclosed shall remain confidential and shall not be public record.
Section 7. To the extent that a person subject to penalty under section 2 fails to pay amounts due under this chapter, a related party of such person that directly or indirectly distributes in the commonwealth any drug whose sales are subject to this chapter shall be jointly and severally liable for the penalty due.
Section 8. The commissioner may promulgate regulations or issue other guidance for the implementation of this chapter.
SECTION X. Chapter 63C of the General Laws, as inserted by section X, shall apply to sales commencing on or after the enactment date of this act. The commissioner of revenue shall issue regulations or other guidance regarding the reporting and payment of the penalty as soon as practicable after the enactment date of this act."
Budget Amendment ID: FY2021-S4-269
EHS 269
LGBTQ Older Adults
Mr. Cyr, Ms. Rausch, Ms. DiZoglio, Ms. Jehlen and Mr. Tarr moved that the proposed new text be amended in section 2, in item 9110-1630, by striking out the words “provided further, that funding shall be expended for provider training including, but not limited to, home care and home health providers, councils on aging, skilled nursing facilities and adult day health programs and outreach to gay, lesbian, bisexual, transgender, queer and questioning elders and to caregivers” and inserting in place thereof the following words:- “provided further, that funding shall be expended for a contract with the LGBT Aging Project for provider training including, but not limited to, home care and home health providers, councils on aging, skilled nursing facilities and adult day health programs and outreach to gay, lesbian, bisexual, transgender, queer and questioning elders and to caregivers”.
Budget Amendment ID: FY2021-S4-271
EHS 271
SNAP Common Application
Mr. DiDomenico, Ms. Rausch, Ms. DiZoglio, Mr. Eldridge, Ms. Gobi, Messrs. Timilty and Tarr, Ms. Comerford, Messrs. Welch and Collins, Ms. Jehlen, Messrs. O'Connor, Moore, Lesser, Velis, Finegold, Kennedy and Montigny, Ms. Chang-Diaz, Mr. Cyr, Ms. Creem, Ms. Lovely and Mr. Crighton moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following words:-
"provided further, that by June 30, 2021, the executive office shall implement changes to allow low-income applicants and recipients of MassHealth and the Medicare Savings Program to initiate an application for federally-funded supplemental nutrition assistance benefits at the same time as their application or renewal for MassHealth or the Medicare Savings Program; provided further, that the executive office shall ensure that relevant eligibility information and verifications provided by the applicant or recipient are transferred from MassHealth to the department of transitional assistance to determine eligibility; provided further, that not later than February 1, 2021, the executive office shall submit a report to the executive office for administration and finance and the house and senate committees on ways and means outlining the additional costs and federal reimbursement opportunities involved in a common application portal for all MassHealth and Medicare Savings Program applicants and recipients with gross incomes under 200 per cent of the federal poverty level"
Budget Amendment ID: FY2021-S4-272
EHS 272
Early Intervention
Mr. DiDomenico, Ms. Rausch, Mr. Moore, Ms. DiZoglio, Messrs. Eldridge, Timilty, O'Connor, Barrett and Cyr, Ms. Creem and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4513-1020, by striking out the words:- "provided further, that if the department determines that the available appropriation exceeds projected expenses, the department shall, to the extent allowable under federal law and regulations, stabilize payments to providers through policies that mitigate the impact of fluctuations in enrollment due to the 2019 novel coronavirus and address the operational costs of providing early intervention services; provided further, that said payments from the available appropriation shall be made on a proportional basis, calculated using the most recent early intervention child counts of the department of public health; and provided further, that not later than April 15, 2021, the commissioner of public health shall report to the joint committee on children, families, and persons with disabilities, the secretary of administration and finance and the house and senate committees on ways and means detailing the: (a) total funds expended to providers for payments from the available appropriation; (b) estimated need for financial support to sustain the early intervention delivery system in fiscal year 2022; and (c) impact of financial support on the rehiring, retention and furloughs of clinical staff across the early intervention delivery system"
and by inserting in place thereof the following words:-
"provided further, that not less than $4,100,000, shall be expended from this item for stabilization payments necessary to mitigate the impact of fluctuations in service delivery due to the 2019 novel coronavirus and address the operational costs of providing early intervention services; provided further, the department of public health shall issue payment vouchers to all vendors of certified early intervention programs; provided further, that said payments shall be made on a proportional basis, calculated using the most recent early intervention child counts of the department of public health; and provided further, that not later than January 15, 2021, the commissioner of public health shall report to the joint committee on children, families, and persons with disabilities, the secretary of administration and finance and the house and senate committees on ways and means detailing the: (a) total funds expended to certified early intervention vendors from said appropriation; (b) estimated need for financial support to sustain the early intervention delivery system, including operational costs, in fiscal year 2022; and (c) impact of financial support on the rehiring, retention and furloughs of clinical staff across the early intervention delivery system".
Budget Amendment ID: FY2021-S4-273
EHS 273
Sexual Assault Nurse Examiners
Mr. Cyr, Ms. Rausch, Ms. DiZoglio and Ms. Moran moved that the proposed new text be amended by inserting after section __ the following sections: -
SECTION X. Subsection (a) of section 220 of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding before the definition of “forensic examination” the following definitions:-
“Certified sexual assault nurse examiner”, a registered nurse, nurse practitioner, certified nurse midwife or physician in the commonwealth who has completed the Massachusetts SANE certification program and has been certified by the Massachusetts SANE program within the department.
“Designated SANE site”, a clinical facility that has received official designation as a Massachusetts Sexual Assault Nurse Examiner Site from the Massachusetts SANE program within the department pursuant to subsection (f)."
SECTION X. Said section 220 of said chapter 111, as so appearing, is hereby further amended by adding the following subsection:-
"(i) In consultation with the advisory board, the department shall establish fees to be assessed on designated SANE sites for the provision of certified sexual assault nurse examiner services. Such fees shall be directed to the Sexual Assault Nurse Examiner Trust Fund established in section 2VVVV of chapter 29.".
Budget Amendment ID: FY2021-S4-274
EHS 274
PPE Supply
Messrs. Tarr and O'Connor and Ms. Moran moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting after the words “of the resolves of 2016”, the following:- “provided further that the Office of Preparedness and Emergency Management shall develop and implement a personal protective equipment (PPE) inventory tracking, management, and procurement system for the purposes of projecting needed amounts of PPE by category, and ensuring the timely availability of such materials for hospitals, nursing homes, and other health care providers.
Said system shall include but not be limited to a standardized system for health care providers to report existing stocks and outstanding and anticipated orders of PPE, experienced disruptions in supply chains, incidents of price gouging, and projected need and adequacy for PPE. Said system shall also contain a database of PPE suppliers and an indication of the reliability of said suppliers based on actual experience of governmental and institutional consumers.
The system shall also include a mechanism for bulk and/or coordinated procurement of PPE, and if deemed necessary for maintaining adequate supplies, stockpiling, and storage, provided further, that the system shall include a mechanism for a health care provider to alert the office to an impending shortage of PPPE. The office, beginning not later than 90 days following the passage of this act, shall produce, and post electronically, weekly reports on the status of the Commonwealth’s PPE inventory"
Budget Amendment ID: FY2021-S4-274-R1
Redraft EHS 274
PPE Supply
Messrs. Tarr and O'Connor, Ms. Moran and Mr. Timilty moved that the proposed new text be amended in section 2, in item 4510-0100, by adding the following words:- “; provided further, that the office of preparedness and emergency management shall develop and implement a personal protective equipment, or PPE, inventory tracking, management and procurement system for the purposes of projecting the amounts of PPE necessary to combat the 2019 novel coronavirus by category and ensuring the timely availability of such materials for hospitals, nursing homes and other health care providers; provided further, that said system shall include, but not be limited to, a standardized system for health care providers to report: (i) existing stocks of PPE; (ii) outstanding and anticipated orders of PPE; (iii) disruptions in supply chains; (iv) incidents of price gouging; and (v) projected need for PPE; provided further, that said system shall contain a database of PPE suppliers and an indication of the reliability of said suppliers based on the experience of governmental and institutional consumers; provided further, that the system shall include a mechanism for bulk or coordinated procurement of PPE; provided further, that the system shall include a mechanism for a health care provider to alert the office to an impending shortage of PPE, if deemed necessary for maintaining adequate supplies and stockpiles; and provided further, that not later than 90 days following the effective date of this act, the office shall produce weekly reports on the status of the commonwealth’s PPE inventory and post said reports electronically".
Budget Amendment ID: FY2021-S4-275
EHS 275
DDS Residential
Mr. Eldridge, Ms. Gobi, Messrs. Brady and Moore and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 5920-2000, by inserting after the words “growth of the program" the following:- “; provided further that the billing rate for these services will be adjusted to pay for all additional COVID staffing costs and related expenses including, but not limited to day-time staffing, hazard pay, infection control such as PPE; and these costs shall be presented and considered for appropriation in fiscal year 2021.
Budget Amendment ID: FY2021-S4-276
EHS 276
Prescription drug coupon extension
Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting after section _ the following:-
"SECTION _. Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2021" as inserted by section 15 of chapter 142 of the acts of 2019, and inserting in place thereof the following:-"2023".
Budget Amendment ID: FY2021-S4-277
EHS 277
Neonatal Intensive Care Unit for Mothers and Infants with Opioid Use Disorder in Hampden Country
Mr. Welch, Ms. DiZoglio and Mr. Velis moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following words:- “; provided further, that $100,000 shall be expended for a Western Massachusetts Academic Medical Center with a neonatal intensive care unit within an acute hospital in Hampden County for the purpose of supporting, enhancing and expanding programming associated with its rooming-in program for infants and mothers with opioid use disorder”; and by striking out the figure "$113,534,922" and inserting in place thereof the following figure:- "$113,634,922".
Budget Amendment ID: FY2021-S4-278
EHS 278
Youth Violence Prevention
Mr. Brownsberger, Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4590-1507, by adding the following words:- "provided that not less than $250,000 shall be expended to fund youth workers at housing authority sites in the City of Boston that have experienced gun violence since the start of the state of emergency caused by the novel coronavirus disease, also known as COVID-19, declared by the governor on March 10, 2020, provided further that eligible employing entities of said youth workers may include community based non-profit organizations and shall not be limited to housing authorities;" and by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$1,650,000”.
Budget Amendment ID: FY2021-S4-278-R1
Redraft EHS 278
Youth Violence Prevention
Mr. Brownsberger, Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $160,000 shall be expended to provide youth services for residents of the Commonwealth Development and Faneuil Gardens apartments in the Brighton section of the city of Boston, to be administered by the Allston-Brighton Community Development Corporation in said Brighton section of the city; provided further, that not less than $90,000 shall be expended to provide youth services for residents of the Alice Heyward Taylor Apartments in the Roxbury section of the city of Boston, to be administered by the Whittier Street Health Center Committee Incorporated in said Roxbury section of the city" and
in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:-
“$350,000”.
Budget Amendment ID: FY2021-S4-279
EHS 279
Expanding Cash Assistance
Ms. Chang-Diaz, Ms. Rausch, Ms. Jehlen, Messrs. Eldridge and Velis moved that the proposed new text be amended in section 3, by inserting after SECTION __ the following section:-
Section XXX. Section 1 of chapter 117A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:- "The combined countable assets of an assistance unit may not exceed $2,500 for assistance units consisting of one person and $5,000 for assistance units consisting of two or more people. In determining countable assets, the department shall exclude the fair market value of one vehicle;"
Budget Amendment ID: FY2021-S4-280
EHS 280
Increasing Frequency of Eviction Diversion Initiative Data Reporting
Ms. Chang-Diaz, Ms. Rausch, Ms. Jehlen and Mr. Eldridge moved that the proposed new text be amended in section 3, in Section 49 by striking out the following:- "not later than the fifteenth day of each month" and inserting in place thereof the following:- weekly, not later than the Thursday of each week.
Budget Amendment ID: FY2021-S4-281
EHS 281
Increasing Frequency of Eviction Continuances Data Reporting
Ms. Chang-Diaz, Ms. Rausch, Ms. Jehlen and Mr. Eldridge moved that the proposed new text be amended in section 3, by striking out in outside section 48 in line 24 the following:- " not later than the fifteenth day of each month" and inserting in place thereof the following:- "not later than the Thursday of each week during the COVID-19 emergency"; and by striking out in line 26 the word "month" and inserting in place thereof the following:- "week".
Budget Amendment ID: FY2021-S4-282
EHS 282
Youth Violence prevention
Ms. Chang-Diaz, Ms. Rausch, Messrs. O'Connor and Eldridge and Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following:- "provided that not less than $250,000 shall be expended to fund youth workers at housing authority sites in the commonwealth that have experienced the highest rates of gun violence since the start of the state of emergency caused by the novel coronavirus disease, also known as COVID-19, declared by the governor on March 10, 2020, provided further that eligible employing entities of said youth workers may include community based non-profit organizations and shall not be limited to housing authorities."; and by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$1,650,000”.
Budget Amendment ID: FY2021-S4-283
EHS 283
Emergency Assistance Data Collection
Ms. Chang-Diaz, Mr. Eldridge, Ms. Jehlen and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 7004-0101, by striking out after the phrase “novel coronavirus” the following:- “provided further, that not later than February 1, 2021, the department shall submit to the house and senate committees on ways and means a report of the most recently available monthly data on: (I) applications for services provided for in this item and in item 7004-0108, including available demographic information and broken down by race and ethnicity; (II) front-door entries into the emergency assistance system, including available demographic information; (III) denials of requests for services provided for in this item and in item 7004-0108, including available demographic information and the bases of all such denials; (IV) the number of households making multiple requests for services within the previous 1-month period; (V) diversions as a result of HomeBASE household assistance; (VI) exits from the emergency assistance system, delineated by reason for exit, including at-fault terminations, exits because the household is no longer income eligible, exits through HomeBASE household assistance and exits because the household has transitioned from shelter benefits to affordable, subsidized or other assisted housing; (VII) the average, minimum and maximum cost per family of such emergency assistance; (VIII) the number of families served under this item who required further assistance under this item or under item 7004-0108 at a later date; (IX) the type of assistance later provided; (X) the number of children served under this item broken down by age; (XI) the total number of families receiving benefits under item 7004- 0101 that have received benefits under said item 7004-0108 during each of the previous 3 years; (XII) the number of applications from households that became homeless within 12 months of depleting their HomeBASE assistance under said item 7004-0108; (XIII) the reasons for homelessness in the applications received under clause (XII); and (XIV) the number of applications received under said clause (XII) that are denied; provided further, that not later than March 1, 2021, the department shall submit to the house and senate committees on ways and means a report that shall include the following information from the department of children and families: (A) the number of families assessed for a health and safety risk in the previous year; (B) the number of families determined to be at a substantial health and safety risk; (C) the number of families receiving multiple health and safety assessments within the previous 6-month period; and (D) the standards used to determine a substantial health and safety risk; provided further, that the department shall report quarterly to the house and senate committees on ways and means on: (i) the number of families that applied for a transfer from their current shelter placement to a unit that can accommodate their disability-related needs, delineated by reason for the application; (ii) the number of families whose applications for reasonable accommodation have been approved but that are waiting for transfer due to lack of available units able to accommodate their disability-related needs; (iii) the number of families currently in shelter units located more than 20 miles away from their home community; (iv) the number of families with at least 1 child who attends a school other than the child’s school of origin as a result of placement in a shelter unit outside of their home community; and (v) the average and maximum number of days that families spend in placements under the circumstances described in clauses (ii) to (iv), inclusive, prior to being transferred to a shelter unit for which none of the circumstances in said clauses (ii) to (iv), inclusive, apply;” and move to further amend the bill by inserting after the phrase “novel coronavirus” the following:- provided further, that for purposes of this line item, “request” shall mean any point at which any household seeking services under this line item or under line item 7004-0108 provides any information to the department as part of any screening, triage, or eligibility determination, regardless of whether a formal application is completed and regardless of whether the contact is by telephone, by office visit, or by other means; provided further, that not later than December 31, 2020, and quarterly thereafter, the department shall submit to the house and senate committees on ways and means a report of the most recently available monthly data on: (I) requests for services provided for in this item and in item 7004-0108; (II) front-door entries into the emergency assistance system, with data on the race and ethnicity of all families approved for services; (III) denials of requests for services provided in this item and in item 7004-0108, the bases of all such denials, and data on the race and ethnicity of all families denied; (IV) requests for services provided for in this item and in item 7004-0108 which do not result in a formal denial, a front-door entry into the emergency assistance system, or verified diversions as a result of HomeBASE household assistance, with data on the race and ethnicity of all families not receiving services or otherwise turned away; (V) front-door entries into the emergency assistance system for families who have already stayed in a place not meant for human habitation; (VI) front-door entries into the emergency assistance system for families who have already stayed in a place not meant for human habitation after having requested services provided for in this item within the preceding six months; (VII) diversions as a result of HomeBASE household assistance; (VIII) exits through at-fault termination; (IX) exits because the household is no longer income eligible; (X) exits through HomeBASE household assistance; (XI) exits to another subsidized housing program; (XII) exits because the household has transitioned from shelter benefits to affordable, subsidized or other assisted housing; (XIII) the average, minimum and maximum cost per family of such assistance; (XIV) the number of families served who previously received services under this line item and under line item 7004-0108; (XV) the type of assistance provided to families who have previously received services under this line item and line item 7004-0108; (XVI) the total number of families requesting benefits under 7004-0101 that have received benefits under 7004-0108 during each of the preceding three years; (XVII) the number of children served broken down by age; (XVIII) the number of requests for emergency assistance shelter from households within 12 months of depleting their HomeBASE assistance under item 7004-0108; (XIX) the reasons for homelessness in the requests received under clause (XVIII); (XX) the number of requests received under said clause (XVIII) that do not result in the family entering emergency assistance shelter within 48 hours; (XXI) the total number of requests that do not result in the household entering emergency assistance shelter within 48 hours; (XXII) the number of requests that do not result in the household entering emergency assistance shelter within 48 hours and for which such non-entry is attributable to each of the following: written denial, pending documentation or verifications, no imminent homelessness, or household withdrew request; and (XXIII) the numbers of households making multiple requests within the previous one-month period and within the previous six-month period; provided further, that the report shall also include the following information from the department of children and families: (A) the number of families assessed in the previous quarter; (B) the number of families determined to be at a substantial health and safety risk; (C) the number of families receiving multiple health and safety assessments within the previous 6-month period; and (D) the standards used to determine a substantial health and safety risk; provided further, that the department shall report quarterly to the house and senate committees on ways and means on: (i) the number of families that applied for a transfer from their current shelter placement to a unit that can accommodate their disability-related needs, delineated by reason for the application; (ii) the number of families whose applications for reasonable accommodation have been approved but that are waiting for transfer due to lack of available units able to accommodate their disability-related needs, disaggregated by category of accommodation, including but not limited to the following: access to cooking facilities, first-floor or elevator access, non-carpeted unit, physical modification to unit, scattered site unit, geographic proximity to service providers, wheelchair accessibility, and other; (iii) the number of families currently in shelter units located more than 20 miles away from their home community; (iv) the number of families with at least 1 child who attends a school other than the child’s school of origin as a result of placement in a shelter unit outside of their home community; and (v) both the average number of days and the maximum number of days that families spend in placements under the circumstances described in clauses (ii) to (iv), inclusive, before being transferred to a shelter unit for which none of the circumstances in said clauses (ii) to (iv), inclusive, apply; provided further, that for each month for the duration of the state of emergency declared by the Governor on March 10, 2020, the department shall submit to the house and senate committees on ways and means a monthly report of the most recently available monthly data on number of families in congregate or other shared shelter placements, number of families on extended leave from congregate or other shared shelter placements for purposes of social distancing, isolation, quarantine, or care of self or another family member related to COVID-19;
Budget Amendment ID: FY2021-S4-283-R1
Redraft EHS 283
Emergency Assistance Data Collection
Ms. Chang-Diaz, Mr. Eldridge, Ms. Jehlen, Messrs. O'Connor and Moore moved that the proposed new text be amended in section 2, in item 7004-0101, by striking out the words “provided further, that not later than February 1, 2021, the department shall submit to the house and senate committees on ways and means a report of the most recently available monthly data on: (I) applications for services provided for in this item and in item 7004-0108, including available demographic information and broken down by race and ethnicity; (II) front-door entries into the emergency assistance system, including available demographic information; (III) denials of requests for services provided for in this item and in item 7004-0108, including available demographic information and the bases of all such denials; (IV) the number of households making multiple requests for services within the previous 1-month period; (V) diversions as a result of HomeBASE household assistance; (VI) exits from the emergency assistance system, delineated by reason for exit, including at-fault terminations, exits because the household is no longer income eligible, exits through HomeBASE household assistance and exits because the household has transitioned from shelter benefits to affordable, subsidized or other assisted housing; (VII) the average, minimum and maximum cost per family of such emergency assistance; (VIII) the number of families served under this item who required further assistance under this item or under item 7004-0108 at a later date; (IX) the type of assistance later provided; (X) the number of children served under this item broken down by age; (XI) the total number of families receiving benefits under item 7004- 0101 that have received benefits under said item 7004-0108 during each of the previous 3 years; (XII) the number of applications from households that became homeless within 12 months of depleting their HomeBASE assistance under said item 7004-0108; (XIII) the reasons for homelessness in the applications received under clause (XII); and (XIV) the number of applications received under said clause (XII) that are denied; provided further, that not later than March 1, 2021, the department shall submit to the house and senate committees on ways and means a report that shall include the following information from the department of children and families: (A) the number of families assessed for a health and safety risk in the previous year; (B) the number of families determined to be at a substantial health and safety risk; (C) the number of families receiving multiple health and safety assessments within the previous 6-month period; and (D) the standards used to determine a substantial health and safety risk; provided further, that the department shall report quarterly to the house and senate committees on ways and means on: (i) the number of families that applied for a transfer from their current shelter placement to a unit that can accommodate their disability-related needs, delineated by reason for the application; (ii) the number of families whose applications for reasonable accommodation have been approved but that are waiting for transfer due to lack of available units able to accommodate their disability-related needs; (iii) the number of families currently in shelter units located more than 20 miles away from their home community; (iv) the number of families with at least 1 child who attends a school other than the child’s school of origin as a result of placement in a shelter unit outside of their home community; and (v) the average and maximum number of days that families spend in placements under the circumstances described in clauses (ii) to (iv), inclusive, prior to being transferred to a shelter unit for which none of the circumstances in said clauses (ii) to (iv), inclusive, apply” and inserting in place thereof the following words:- “provided further, that for purposes of this line item, “request” shall mean any point at which any household seeking services under this line item or under line item 7004-0108 provides any information to the department as part of any screening, triage or eligibility determination, regardless of whether a formal application is completed and regardless of whether the contact is by telephone, by office visit or by other means; provided further, that not later than December 31, 2020, and quarterly thereafter, the department shall submit to the house and senate committees on ways and means a report of the most recently available monthly data on: (I) requests for services provided for in this item and in item 7004-0108; (II) front-door entries into the emergency assistance system, with data on the race and ethnicity of all families approved for services; (III) denials of requests for services provided in this item and in item 7004-0108, the bases of all such denials and data on the race and ethnicity of all families denied; (IV) requests for services provided for in this item and in item 7004-0108 that do not result in a formal denial, a front-door entry into the emergency assistance system or verified diversions as a result of HomeBASE household assistance, with data on the race and ethnicity of all families not receiving services or otherwise turned away; (V) diversions as a result of HomeBASE household assistance; (VI) exits through at-fault termination; (VII) exits because the household is no longer income eligible; (VIII) exits through HomeBASE household assistance; (IX) exits to another subsidized housing program; (X) exits because the household has transitioned from shelter benefits to affordable, subsidized or other assisted housing; (XI) the average, minimum and maximum cost per family of such assistance; (XII) the number of families served who previously received services under this line item and under line item 7004-0108; (XIII) the type of assistance provided to families who have previously received services under this line item and line item 7004-0108; (XIV) the total number of families requesting benefits under this item that have received benefits under 7004-0108 during each of the preceding 3 years; (XV) the number of children served broken down by age; (XVI) the number of requests for emergency assistance shelter from households within 12 months of depleting their HomeBASE assistance under item 7004-0108; (XVII) the reasons for homelessness in the requests received under clause (XVI); (XVIII) the number of requests received under said clause (XVI) that do not result in the family entering emergency assistance shelter within 48 hours; (XIX) the total number of requests that do not result in the household entering emergency assistance shelter within 48 hours; (XX) the number of requests that do not result in the household entering emergency assistance shelter within 48 hours and for which such non-entry is attributable to each of the following: written denial, pending documentation or verifications, no imminent homelessness and household withdrew request; and (XXI) the numbers of households making multiple requests within the previous 1-month period and within the previous 6-month period; provided further, that the report shall also include the following information from the department of children and families: (A) the number of families assessed in the previous quarter; (B) the number of families determined to be at a substantial health and safety risk; (C) the number of families receiving multiple health and safety assessments within the previous 6-month period; and (D) the standards used to determine a substantial health and safety risk; provided further, that the department shall report quarterly to the house and senate committees on ways and means on: (i) the number of families that applied for a transfer from their current shelter placement to a unit that can accommodate their disability-related needs, delineated by reason for the application; (ii) the number of families whose applications for reasonable accommodation have been approved but that are waiting for transfer due to lack of available units able to accommodate their disability-related needs, disaggregated by category of accommodation, including, but not limited to, access to cooking facilities, first-floor or elevator access, non-carpeted unit, physical modification to unit, scattered site unit, geographic proximity to service providers and wheelchair accessibility; (iii) the number of families currently in shelter units located more than 20 miles away from their home community; (iv) the number of families with at least 1 child who attends a school other than the child’s school of origin as a result of placement in a shelter unit outside of their home community; and (v) both the average number of days and the maximum number of days that families spend in placements under the circumstances described in clauses (ii) to (iv), inclusive, before being transferred to a shelter unit for which none of the circumstances in said clauses (ii) to (iv), inclusive, apply”.
Budget Amendment ID: FY2021-S4-284
EHS 284
Self Esteem Boston
Mr. Rush, Ms. DiZoglio, Messrs. Collins, Boncore, Velis and Crighton moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting the following:- “provided further, that not less than $75,000 shall be expended for Self Esteem Boston’s direct service and provider training programs," and in said item by striking out the figures “$163,621,698” and inserting in place thereof the following figure:-"$163,696,698".
Budget Amendment ID: FY2021-S4-285
EHS 285
Nursing Home Regulation Safeguards
Mr. Tarr and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting after the words “of the resolves of 2016”, the following:- "provided further, that notwithstanding any general or special law to the contrary, the department shall not amend, modify or replace the regulations of 105 CMR 150.000 unless and until it conducts a cost-benefit analysis of any proposed changes which shall include but not be limited to: the cost of compliance with such regulations for facilities and the MassHealth program, the near and long-term impacts on resident quality of life, the stability of the state’s system of long-term care, the sustainability of skilled nursing facilities in the commonwealth, impacts on the state’s nursing home capacity, and the health and psychological benefits of any proposed changes in the dimensional requirements for patient rooms, including the suppression and/or prevention of contiguous disease transmission. Said analysis shall be filed with the clerks of the House and Senate, the House and Senate Committees on Ways and Means, and the Joint Committee on Health Care Financing."
Budget Amendment ID: FY2021-S4-286
EHS 286
Chapter 257 Rate Implementation Effective Date
Ms. Chang-Diaz, Messrs. Eldridge, Moore, Brady, O'Connor and Tran, Ms. Gobi, Mr. Crighton, Ms. Rausch, Ms. Moran, Mr. Lesser and Ms. Comerford moved that the proposed new text be amended in section 2, in item 1599-6903, by inserting after the words “section 2D;” the following:- “provided further that all rates for Adult Long-Term Residential Services established according to 101 CMR 420.00 shall be effective no later than July 3, 2020;”
Budget Amendment ID: FY2021-S4-288
EHS 288
Prostate Cancer Research
Mr. Rush, Ms. Creem, Messrs. Eldridge, Feeney, Moore and Brady, Ms. Jehlen, Messrs. Timilty and O'Connor, Ms. DiZoglio, Messrs. Welch, Tarr, Velis and Crighton and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4590-0925, by striking out section 4590-0925 and inserting in place thereof the following item:- "For the costs of a prostate cancer awareness, education and research program focusing on men with African-American, Hispanic or Latino 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 85 per cent of the funds from this item to the AdMeTech foundation-led Prostate Cancer Action Council that shall leverage existing partnerships with other state-funded non-profit research 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... $800,000."
Budget Amendment ID: FY2021-S4-289
EHS 289
Secretary of Veterans Services
Messrs. Rush and O'Connor moved that the proposed new text be amended in section 3, by inserting at the end thereof the following new section:-
SECTION XX. Section 1. Section 17a of Chapter 6 is hereby amended by adding after the word “transportation” the following:- “, the secretary of veterans services,”
Section 2. Section 16 of chapter 6A is hereby amended in line 34 by striking out the words:- (5) the department of veterans’ services, who shall be appointed by the governor, which shall include the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke.
Section 3. Section 4M of Chapter 7 is hereby repealed.
Budget Amendment ID: FY2021-S4-290
EHS 290
DAV of Massachusetts
Mr. Rush, Ms. DiZoglio, Ms. Gobi, Messrs. Timilty, O'Connor and Tarr 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 funds shall be expended for the Disabled American Veterans Department of Massachusetts, Inc.”
Budget Amendment ID: FY2021-S4-291
EHS 291
Veterans Annuity Covid-19
Mr. Rush, Ms. DiZoglio, Ms. Gobi, Messrs. O'Connor, Timilty and Tarr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 1410-0400, by inserting after the word “veterans” in line 4 the following: - “,including deceased veterans who were residents of the Soldiers’ Home in Massachusetts and the Soldiers Home in Holyoke whose death occurred due to the 2019 Covid 19 pandemic.” And in said item by striking out the figures “72,109,878” and inserting in place the figures:- “72,209,878.”
Budget Amendment ID: FY2021-S4-291-R1
Redraft EHS 291
Veterans Annuity Covid-19
Mr. Rush, Ms. DiZoglio, Ms. Gobi, Messrs. O'Connor, Timilty, Tarr and Montigny moved that the proposed new text be amended in section 2, in item 1410-0400, by inserting after the word “veterans”, in line 4, the following words:- “, including deceased veterans who were residents of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke whose death occurred due to the 2019 novel coronavirus”; and
by striking out the figure “72,109,878” and inserting in place thereof the following figure:- “72,209,878”.
Budget Amendment ID: FY2021-S4-292
EHS 292
Immigrants' Assistance Center
Mr. Montigny moved that the proposed new text be amended in section 2, in item 4003-0122, by adding the following words:- “provided further, that not less than $75,000 shall be expended for Immigrants Assistance Center, Inc. to provide citizenship and workforce readiness programming in the city of New Bedford”.
Budget Amendment ID: FY2021-S4-292-R1
Redraft EHS 292
Immigrants' Assistance Center
Mr. Montigny moved that the proposed new text be amended in section 2, in item 4003-0122, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the Immigrants Assistance Center, Inc. to provide citizenship and workforce readiness programming in the city of New Bedford”; and
by striking out the figure “$1,026,574” and inserting in place thereof the following figure:- “$1,101,574”.
Budget Amendment ID: FY2021-S4-293
EHS 293
Greater New Bedford Community Health Center
Mr. Montigny 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 $175,000 shall be expended for Office-Based Addiction/Opioid Treatment, a program at the Greater New Bedford Community Health Center”; and
in said section 2, in said item 4512-0200, by striking out the figure “$163,621,698” and inserting in place thereof the following figure:- “$163,796,698”.
Budget Amendment ID: FY2021-S4-294
EHS 294
Southeastern Massachusetts Veterans Housing Program
Mr. Montigny moved that the proposed new text be amended in section 2, in item 1410-0012, by adding the following words:- "; provided further, that not less than $98,500 shall be expended for the Southeastern Massachusetts Veterans Housing Program, Inc. to provide counseling and supportive services to veterans in Southeastern Massachusetts"; and by striking out the figure “$6,740,522” and inserting in place thereof the following figure:- “$6,839,022”.
Budget Amendment ID: FY2021-S4-295
EHS 295
Nursing Home Resident Protection
Messrs. Montigny, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 4000-0601, by adding at the end thereof the following:- “provided further, that not later than June 1, 2021, MassHealth shall report to the chairs of the house and senate committees on ways and means the following for fiscal year 2020: (a) the number of nursing facility clients on a leave of absence, delineated by the 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 home 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) 6 separate MassHealth payment rates and the average payment amount rate per nursing facility client resident; (d) the actual number of nursing home residents for each of the 6 payment categories in clause (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: FY2021-S4-296
EHS 296
Preventing COVID-19 Outbreaks in Long-Term Care Facilities
Messrs. Montigny, O'Connor, Eldridge, Moore and Velis moved that the proposed new text be amended by inserting after section XX the following section:-
“SECTION XX. Not less than seven days from the effective date of this act, the department of public health shall amend its memorandum dated October 5, 2020 regarding COVID-19 long term care surveillance testing to ensure long term care providers conduct weekly testing of all staff so long as the county positivity rate in which the long term care provider is located is at or above two percent as a 14-day rolling average. Such testing shall be required irrespective of whether there are known positive COVID-19 staff members or residents.”; and
by inserting after section XX the following section:-
“SECTION XX. The executive office of health and human services shall amend its Nursing Facility Bulletin 145, dated April 2020, to include infection control policies regarding incoming nursing facilities admissions during the COVID-19 state of emergency. In addition to existing competencies, said infection control policies shall include a core competency requirement that all admissions into a facility are quarantined for a minimum of 48 hours and receive a negative COVID-19 polymerase chain reaction test result prior to any contact with other residents or staff not dedicated to the direct care for known COVID-19 positive residents. All staff caring for said admissions shall utilize full personal protective equipment and other appropriate infection control measures necessary while awaiting test results.”; and
by inserting after section XX the following section:-
“SECTION XX. Chapter 64 of the acts of 2020 is hereby further amended, in section 1, by striking the definition of “health care facility” and inserting in place thereof the following new definition:-
“Health care facility”, (i) hospitals, including acute and chronic disease rehabilitation hospitals, as licensed under section 51 of chapter 111 of the General Laws; (ii) state hospitals, mental health centers and other mental health facilities under the control of the department of mental health pursuant to section 7 of chapter 19 of the General Laws; (iii) hospitals operated by the department of public health pursuant to section 62I of chapter 111 the General Laws, section 69E of said chapter 111 and chapter 122 of the General Laws; (iv) psychiatric hospitals, as licensed under section 19 of said chapter 19; (v) community health centers, as defined in 130 CMR 405.000 and mental health centers, as defined in 130 CMR 429.000; (vi) home health agencies that participate in Medicare; (vii) clinics, as licensed under said section 51 of said chapter 111; or (viii) sites designated by the commissioner of public health to provide COVID-19 health care services, including, but not limited to, step-down skilled nursing facilities, field hospitals and hotels.”
Budget Amendment ID: FY2021-S4-297
EHS 297
Preventing Death and Disability from Stroke
Messrs. Montigny, Feeney, Timilty, O'Connor, Eldridge and Moore moved that the proposed new text be amended by inserting after section XX the following section:-
“SECTION XX. Said chapter 111 is hereby further amended by inserting after section 51K the following section:-
Section 51L. (a) The department and regional emergency medical services councils shall annually review and update, if appropriate, their pre-hospital care protocols and point-of-entry plans to ensure stroke patients are transported to the most appropriate facility in accordance with this section.
(b) The department shall make available the list of designated stroke facilities on its website and to the medical director of each licensed emergency medical services provider. The department shall maintain the list in the office designated within the department to oversee emergency medical services and update the list not less than annually.
(c) The department shall convene a group of experts including, but not limited to, a representative from the American Stroke Association, a representative from The Massachusetts Neurologic Association, Inc., a representative from the Society of Neurointerventional Surgery, a representative from Massachusetts College of Emergency Physicians, Inc. and a representative of a regional EMS council, as defined in section 1 of chapter 111C, with input from key stroke stakeholders and professional societies, to form a stroke advisory taskforce that shall assist with data oversight, program management and advice regarding the stroke system of care. The task force shall meet not less than biannually to review data and provide advice.”; and
by inserting after section XX the following section:-
“SECTION XX. Notwithstanding any general or special law to the contrary and not later than 180 days after the effective date of this act, the department of public health shall promulgate regulations that create: (i) a statewide standard pre-hospital care protocol related to the assessment, treatment and transport of stroke patients by emergency medical services providers to a hospital designated by the department to care for stroke patients; provided, however, that the protocol shall be based on national evidence-based guidelines for transport of stroke patients, consider crossing state lines and include plans for the triage and transport of suspected stroke patients, including, but not limited to, those who may have an emergent large vessel occlusion, to an appropriate facility within a specified timeframe following the onset of symptoms and additional criteria to determine which level of care is the most appropriate destination; (ii) statewide criteria for designating hospitals in a tiered system, featuring advanced designations in addition to primary stroke services, to treat stroke patients based on patient acuity; provided, however, that the tiers shall be based on criteria from at least 1 nationally-recognized program and shall not permit self-designation; provided further, that in developing such criteria, the department shall consider: (a) designation models and criteria developed by the Joint Commission, DNV GL Healthcare or another national certifying body recognized by the federal Centers for Medicare and Medicaid Services; (b) designation models and criteria adopted by other states and the differences in geography and health care resources of such other states; (c) the clinical and operational capability of a facility to provide stroke services, including emergency and ancillary stroke services; (d) limiting the routing of stroke patients to thrombectomy-capable facilities whenever a comprehensive stroke center is within a recommended timeframe to maximize technical competency and patient outcomes; and (e) procedures to suspend or revoke a facility’s designation if the department determines the facility is not in compliance with designation requirements and procedures to notify emergency medical services providers of any such suspension or revocation; and (iii) recommended national evidence-based quality and utilization metrics for stroke care for use by the center for health information and analysis pursuant to section 14 of chapter 12C of the General Laws; provided, however, that the department shall consider measures in current use in national quality improvement programs including, but not limited to, the federal Centers for Medicare and Medicaid Services, the National Quality Forum, the Paul Coverdell National Acute Stroke Program or other nationally-recognized data platforms.”.
Budget Amendment ID: FY2021-S4-298
EHS 298
Direct Negotiations for Rebates on Certain Drugs and Non-drug Products
Messrs. Tarr and O'Connor 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 may directly negotiate rebate agreements with manufacturers of non-drug products and drugs that are not covered outpatient drugs under 42 U.S.C. s. 1396r-8, provided that such agreements maximize value to the commonwealth. Such agreements may be based on the value, efficacy or outcomes of the non-drug product or drug."
Budget Amendment ID: FY2021-S4-299
EHS 299
SB Collaborative
Mr. Collins moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- "provided further that not less than $155,000 shall be expended for the Joseph Nee Collaborative Center for substance abuse programming" and in said item by striking out the figure "$163,621,698" and inserting in place thereof the following figures:- "$163,776,698".
Budget Amendment ID: FY2021-S4-300
EHS 300
Gavin Foundation
Messrs. Collins and O'Connor moved that the proposed new text be amended in section 2, in item 4512-0200, by adding at the end thereof the following:- ";provided further, that not less than $250,000 shall be expended for a contract with the Gavin Foundation, Inc. to provide a total immersion program in conjunction with the probation departments of the South Boston division of the Boston municipal court department and other district courts" and in said item by striking the figure "$163,621,698" and inserting in place thereof the following figure:- "$163,871,698".
Budget Amendment ID: FY2021-S4-300-R1
Redraft EHS 300
Gavin Foundation
Messrs. Collins and O'Connor 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 $250,000 shall be expended for a contract with the Gavin Foundation, Inc. to provide a total immersion program in conjunction with the probation departments of the South Boston division of the Boston municipal court department and other district courts"