Budget Amendment ID: FY2023-S4-385

EHS 385

Prescription Drug Coupon

Messrs. Tarr, O'Connor, Timilty and Moore moved that the proposed new text be amended by inserting after section _ the following section:-

"SECTION_. Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure '2023', inserted by section 59 of chapter 227 of the acts of 2020, and inserting in place thereof the following figure:- '2026'."


Budget Amendment ID: FY2023-S4-386

EHS 386

Establishing the Harmony Montgomery Commission to Study and Make Recommendations Related to Care and Protection Cases in the Commonwealth

Mr. Moore, Ms. Gobi, Ms. Rausch and Messrs. Tarr, Feeney, Montigny, Gomez, O'Connor and Timilty moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION XX.  (a) Notwithstanding any general or special law to the contrary, there shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission to study, examine, and make recommendations regarding the welfare and best interest considerations of children in (i) care and protection cases; and (ii) petition to dispense with consent cases pursuant to G. L. c. 119, §§ 21 to 29C and G. L. c. 210, § 3 within the Commonwealth. The commission shall be known as the Montgomery Commission.

(b)  The commission shall consist of 21 members; 2 of whom shall be appointed by the governor; 1 of whom shall be the child advocate or the child advocate’s designee; 1 of whom shall be the commissioner of the department of children and families or the commissioner’s designee; 1 of whom shall be the chief counsel of the committee for public counsel services or the chief counsel’s designee; 1 of whom shall be a private attorney designated by the Massachusetts bar association who is certified by the children and family law division of the committee for public counsel services with a minimum of seven years’ experience in care and protection cases, who has represented both children and parents, has completed at least ten petition to dispense trials, and has had no discipline from the board of bar overseers; 1 of whom shall be designated by the Massachusetts court appointed special advocate for children with a minimum of five years of experience and who has supervisory experience with the Massachusetts court appointed special advocate for children; 5 members designated by the chief justice of the juvenile court department, 3 of whom shall be current or former judges who have at least seven years of service on the  juvenile court and are from geographically diverse juvenile court districts, and one of whom is a current or former First Justice; 1 whom shall be a research attorney from the administrative office of the juvenile court department and 1 whom shall be a clinician representative from the court clinic of the juvenile court department; 2 of whom shall be the chair of the Massachusetts Black and Latino Legislative Caucus or the chair’s designee; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be the house chair of the joint committee on children, families, and persons with disabilities or the chair’s designee, 1 of whom shall be the house chair of the joint committee on the judiciary or the chair’s designee and 1 of whom shall be appointed by the minority leader of the house of representatives; 3 members of the senate, 2 of whom shall be appointed by the senate president, 1 of whom shall be the senate chair of the joint committee on children, families, and persons with disabilities or the chair’s designee, 1 of whom shall be the senate chair of the joint committee on the judiciary or the chair’s designee and 1 of whom shall be appointed by the minority leader of the senate; and the attorney general or the attorney general’s designee.

The speaker of the house of representatives shall appoint 1 co-chair from the house appointees to the commission and the senate president shall appoint 1 co-chair from the senate appointees to the commission.

(c)  The commission shall study how a child’s welfare and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases within the commonwealth, including, but not limited to, constitutional provisions, statutes, interstate compacts, judicial case law, executive orders, judicial rules of court and standing orders, rules and regulations, intergovernmental or multi-state memoranda of understanding, policies and procedures, and trainings.

(d) The commission shall study how care and protection cases and petition to dispense with consent cases disproportionately impact children of color, immigrant children, and poor children.

(e) The commission shall study how the commonwealth’s legal provisions can adequately balance the constitutional rights of parents with the best interest, wellbeing, safety, and risk to children, particularly children who have experienced trauma.

(f)  The commission shall make recommendations for new, or changes to existing, statutes, interstate compacts, executive orders, judicial rules of court and standing orders, rules and regulations, intergovernmental or multi-state memoranda of understanding, policies and procedures, and trainings.

(g)  The commission shall hold its first meeting not later than 30 days after the effective date of this act and shall meet at least monthly thereafter. The commission shall submit a report of its study and any recommendations, together with any draft legislation necessary to carry those recommendations into effect, by filing the same with the governor, chief justice of the juvenile court department, the speaker of the house of representatives and the president of the senate and the clerks of the house of representatives and senate on or before September 30, 2023.”


Budget Amendment ID: FY2023-S4-386-R1

Redraft EHS 386

Establishing the Harmony Montgomery Commission to Study and Make Recommendations Related to Care and Protection Cases in the Commonwealth

Mr. Moore, Ms. Gobi, Ms. Rausch and Messrs. Tarr, Feeney, Montigny, Gomez, O'Connor and Timilty moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. (a) There shall be a commission, established pursuant to section 2A of chapter 4, to be known as the Harmony Montgomery Commission, to study, examine and make recommendations regarding the welfare and best interest considerations of children in care and protection cases and petition to dispense with consent cases conducted pursuant to section 29C of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws. The commission shall consist of: the chairs of the joint committee on children, families and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on the judiciary; the chairs of the Massachusetts Black and Latino Legislative Caucus or their designees; 5 members to be appointed by the governor, 2 of whom were in foster care as children and 2 of whom are foster parents; the attorney general or a designee; the child advocate or a designee; the commissioner of children and families or a designee; the chief counsel of the committee for public counsel services or a designee; 1 member to be appointed by the committee for public counsel services who shall be an attorney certified by the children and family law division of the committee for public counsel services who has a minimum of 7 years of experience in care and protection cases, represents both children and parents and has completed not less than 5 permanent custody or petition to dispense trials; 3 members appointed by the Massachusetts Bar Association, who shall be former judges, who have preferably retired not more than 5 years prior to their appointment, who have not less than 7 years of service on the juvenile court and are from geographically diverse juvenile court districts and 1 of whom is a former first justice; 1 member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who has a minimum of 5 years of experience with the organization, including supervisory experience; 1 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a clinician representative from the court clinic of the juvenile court department; the deputy court administrator for the juvenile court or a designee; 1 member to be appointed by the Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts Child Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National Association of Counsel for Children. All appointments shall be made not later than 30 days after the effective date of this act. Members of the commission shall serve without compensation.

(b) The commission shall study how a child’s rights, welfare and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases and make recommendations for how to better protect and serve children in such cases. The study shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate compacts, judicial case law, executive orders, judicial rules of court and standing orders, state agency and judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how care and protection cases and petition to dispense with consent cases disproportionately impact children of color, immigrant children, children with disabilities, lesbian, gay, bisexual, transgender and queer children, children who have experienced trauma and children living in poverty; and (iii) an analysis of ways to ensure the constitutional rights of parents and children while prioritizing the wellbeing and safety of children, including the children’s best interest, safety and wellbeing while in the care or custody of the department of children and families.

(c) The commission shall hold public hearings and solicit public comment not less than 3 times prior to the filing of their report; provided, however, that hearings shall be held in geographically diverse areas of the commonwealth; and, provided further, that at least 1 public hearing shall be held after the issuance of a draft report, which shall include any recommendations and draft legislation to implement the recommendations. Interested parties shall have the opportunity to be heard at the public hearings and submit written testimony or comments. The commission shall be subject to the open meeting law under sections 18 to 25, inclusive, of chapter 30A of the General Laws

The commission shall hold its first meeting not later than 60 days after the effective date of this act. The commission shall meet not less than monthly.

(d) Not later than September 30, 2023, the commission shall file a report of its findings and recommendations, including racial impact statements regarding any of its recommendations, with the clerks of the senate and the house of representatives, the governor and the chief justice of the juvenile court department. The report shall be publicly posted on the website of the department of children and families.”.


Budget Amendment ID: FY2023-S4-386-R2

2nd Redraft EHS 386

Establishing the Harmony Montgomery Commission to Study and Make Recommendations Related to Care and Protection Cases in the Commonwealth

Mr. Moore, Ms. Gobi, Ms. Rausch and Messrs. Tarr, Feeney, Montigny, Gomez, O'Connor and Timilty moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. (a) There shall be a commission, established pursuant to section 2A of chapter 4, to be known as the Harmony Montgomery Commission, to study, examine and make recommendations regarding the welfare and best interest considerations of children in care and protection cases and petition to dispense with consent cases conducted pursuant to section 29C of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws. The commission shall consist of: the chairs of the joint committee on children, families and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on the judiciary; the chair and vice-chair of the Massachusetts Black and Latino Legislative Caucus or their designees; 5 members to be appointed by the governor, 2 of whom were in foster care as children and 2 of whom are foster parents; the attorney general or a designee; the child advocate or a designee; the commissioner of children and families or a designee; the chief counsel of the committee for public counsel services or a designee;  1 member to be appointed by the committee for public counsel services who shall be an attorney certified by the children and family law division of the committee for public counsel services who has a minimum of 7 years of experience in care and protection cases, represents both children and parents and has completed not less than 5 permanent custody or petition to dispense trials; 3 members appointed by the Massachusetts Bar Association, who shall be former judges, who have preferably retired not more than 5 years prior to their appointment, who have not less than 7 years of service on the juvenile court and are from geographically diverse juvenile court districts and 1 of whom is a former first justice; 1 member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who has a minimum of 5 years of experience with the organization, including supervisory experience; 1 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a clinician representative from the court clinic of the juvenile court department; the deputy court administrator for the juvenile court or a designee; 1 member to be appointed by the Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts Child Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National Association of Counsel for Children. All appointments shall be made not later than 30 days after the effective date of this act. Members of the commission shall serve without compensation.

(b) The commission shall study how a child’s rights, welfare and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases and make recommendations for how to better protect and serve children in such cases. The study shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate compacts, judicial case law, executive orders, judicial rules of court and standing orders, state agency and judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how care and protection cases and petition to dispense with consent cases disproportionately impact children of color, immigrant children, children with disabilities, lesbian, gay, bisexual, transgender and queer children, children who have experienced trauma and children living in poverty; and (iii) an analysis of ways to ensure the constitutional rights of parents and children while prioritizing the wellbeing and safety of children, including the children’s best interest, safety and wellbeing while in the care or custody of the department of children and families.

(c) The commission shall hold public hearings and solicit public comment not less than 3 times prior to the filing of their report; provided, however, that hearings shall be held in geographically diverse areas of the commonwealth; and, provided further, that at least 1 public hearing shall be held after the issuance of a draft report, which shall include any recommendations and draft legislation to implement the recommendations. Interested parties shall have the opportunity to be heard at the public hearings and submit written testimony or comments. The commission shall be subject to the open meeting law under sections 18 to 25, inclusive, of chapter 30A of the General Laws

The commission shall hold its first meeting not later than 60 days after the effective date of this act. The commission shall meet not less than monthly.

(d) Not later than September 30, 2023, the commission shall file a report of its findings and recommendations, including racial impact statements regarding any of its recommendations, with the clerks of the senate and the house of representatives, the governor and the chief justice of the juvenile court department. The report shall be publicly posted on the website of the department of children and families.”.


Budget Amendment ID: FY2023-S4-387

EHS 387

STOP Stroke

Messrs. Montigny, Keenan, Collins, Feeney, O'Connor, Hinds, Timilty and Moore moved that the proposed new text be amended in section 2, by striking out item 4513-1121 and inserting in place thereof the following item:-

“4513-1121  For a statewide STOP stroke program; provided, that funds shall be expended for stroke treatment and ongoing prevention services; provided further, that the department of public health shall expend not less than $400,000 to provide educational programming as part of the F.A.S.T. campaign on the signs and symptoms of stroke and stroke warning signs with a focus on communities that have the highest incidence of stroke, which shall not be used for personnel costs; provided further, that the department shall provide quality improvement measures that align with the stroke consensus metrics by utilizing a nationally recognized data set platform and expand the statewide registry that compiles information and statistics on stroke care using confidentiality standards not less secure than a nationally recognized data set platform, known as the stroke registry data platform; provided further, that the department shall expend not less than $400,000 to require all primary stroke service hospitals and emergency medical services agencies to report data consistent with nationally-recognized guidelines on the treatment of individuals with confirmed stroke in the commonwealth; provided further, that not less than $200,000 shall be expended to oversee the operation and administration of designated primary stroke service hospital programs, established by 105 CMR 130.1400; and provided further, that funds shall be used to collect and analyze data from designated primary stroke service hospitals in the commonwealth and for the salary of a full-time surveyor who shall be primarily responsible for ensuring compliance with primary stroke service designation criteria…..$1,000,000”.


Budget Amendment ID: FY2023-S4-388

EHS 388

Provider Access

Ms. Friedman, Ms. Creem, Ms. Comerford, Mr. Cyr, Ms. Rausch, Mr. Feeney, Ms. Jehlen, Ms. Moran, Mr. Cronin, Ms. Gobi, Messrs. Lesser and Moore, Ms. Edwards, Mr. Eldridge and Ms. Chang-Diaz moved that the proposed new text be amended by inserting after section XX the following sections:-

"SECTION XX. Section 7 of chapter 4 of the General laws is hereby amended by inserting the following definitions:

'Gender-affirming health care,' all health care relating to the treatment of gender dysphoria.

'Reproductive health care', all health care relating to the human reproductive system, including but not limited to medical, surgical, counseling, or referral services provided in a hospital, outpatient clinic, physician’s office or other medical facility or office, or via telehealth provided to a patient located in the Commonwealth, which shall include services relating to pregnancy, contraception, miscarriage management, or the termination of a pregnancy.

SECTION XX. Chapter 112 of the General Laws is hereby amended by inserting after Section 12R the following:-

Section 12S (a) The right to access reproductive health care is protected by the Declaration of Rights under the Massachusetts state constitution, in the laws of the Commonwealth and is core to the public policy of the Commonwealth.

(b) A law of another state that criminalizes or otherwise authorizes a person to bring a civil action against a person or entity that seeks, receives, aids in access to, aids or abets, or provides; or attempts or intends to seek, receive, aid in access to, aid or abet, or provide, any of the following forms of care is contrary to the public policy of this state:

(1) Abortion.

(2) Treatment for a miscarriage or ectopic pregnancy

(3) Any drug, device or product that prevents fertilization, ovulation or implantation of a human embryo.

(4) Gender-affirming health care

(c) The Commonwealth shall not apply a law described in subdivision (b) to a case or controversy heard in a court of the Commonwealth.

12T. When a judgment has been entered against a person, in any state or Commonwealth, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision of reproductive health care or gender-affirming health care that are permitted under the laws of this Commonwealth, material support for reproductive health care or gender affirming health care services that are permitted under the laws of this Commonwealth, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Recoverable damages shall include:

(1) Just damages created by the action that led to that judgment, including, but not limited to, money damages in treble the amount of the judgment in that other state and costs, expenses and reasonable attorney's fees spent in defending the action that resulted in the entry of a judgment in another state; and

(2) costs, expenses and reasonable attorney's fees incurred in bringing an action under this section as may be allowed by the court.

The provisions of this section shall not apply to a judgment entered in another state that is based on:

(1) An action founded in tort, contract or statute, and for which a similar claim would exist under the laws off this state, brought by the patient who received the reproductive health care upon which the original lawsuit was based or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient;

(2) an action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or

(3) an action where no part of the acts that formed the basis for liability occurred in this state.

SECTION XX. Chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking Section 14 and inserting in place thereof the following:-

No demand for the interstate rendition of a person charged with crime in another state shall be recognized by the governor unless it be in writing alleging either that the person demanded was present in the demanding state at the time of the commission of the alleged crime, or that such person committed in this commonwealth or in a third state an act intentionally resulting in a crime in the demanding state when the acts for which extradition is sought would be punishable by the laws of the Commonwealth, if the consequences claimed to have resulted therefrom in the demanding state had taken effect in the Commonwealth, or that such person has escaped from confinement or has broken the terms of his bail, probation or parole, nor unless such demand is accompanied by a copy of an indictment found, or of an information supported by affidavit, in the demanding state, or by a copy of an affidavit made before a magistrate of such state, and by a copy of the warrant which was issued thereon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof in the demanding state. The indictment or information, or the affidavit made before the magistrate who issued the warrant, shall substantially charge the person demanded with having committed a crime under the law of the demanding state, and the copy of the indictment, information, affidavit, judgment of conviction or sentence shall be authenticated by the executive authority of such state.

SECTION XX. Section 193U of chapter 175, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “specialty”, in line XX, the following words:- ; provided, however, that a medical malpractice insurer shall not adjust or otherwise calculate a health care provider’s risk classification or premium charges based upon that health care provider’s status as a provider of reproductive health care or gender-affirming health care or a claim or potential claims brought against that health care provider based on the provision of such care in the Commonwealth.

SECTION XX. Chapter 112 of the general laws is hereby amended by inserting after section 5F the following section:-

5F ½ For purposes of section 2 and sections 5 through 5F, inclusive, a physician shall not be subject to any disciplinary action, including the revocation, suspension, or cancellation of the certificate of registration or reprimand, censure, or monetary fine, nor shall a physician’s license otherwise be restricted as a result of having civil or criminal charges or disciplinary action brought against them in another state or jurisdiction solely based the physician having provided legally authorized abortion services in the commonwealth; provided, further, that the board shall not make available for public dissemination on a physician’s individual profile record of any criminal convictions or charges for felonies or serious misdemeanors, final disciplinary actions by licensing boards in other states, or medical malpractice court judgments, arbitration awards, or settlements related to the provision of legally authorized abortion services in the commonwealth; provided, further, that the board shall not take adverse action on the application for registration of qualified physicians based on criminal or civil actions, disciplinary actions by a licensing board of another state, or medical malpractice claims in another state based on the provision of legally authorized reproductive health care or gender-affirming health care in the Commonwealth."


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2903

 

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

by inserting after section 10 the following section:-

“SECTION 10A.Chapter 12 of the General Laws is hereby amended by inserting after section 11I the following 2 sections:-

Section 11I½. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Gender-affirming health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria.

“Interfere through abusive litigation”, to deter, prevent, sanction or punish any person engaging in legally protected health care activity by: (i) filing or prosecuting any action in any state other than the commonwealth where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in the commonwealth, including any action in which liability is based on any theory of vicarious, joint or several liability derived therefrom; or (ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action or any person acting on behalf of a party to the action; provided, however, that a lawsuit shall be considered to be based on conduct that occurred in the commonwealth if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit.

“Legally protected health care activity”, (i) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth; or (ii) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth; provided, however, that the provision of such a health care service by a person duly licensed under the laws of the commonwealth and physically present in the commonwealth shall be legally protected if the service is permitted under the laws of the commonwealth, regardless of the patient's location.

“Reproductive health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management or the termination of a pregnancy.

(b) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not acting under color of law, interferes through abusive litigation, or attempts to interfere through abusive litigation, with legally protected health care activity, any aggrieved person or entity, including any defendant in such abusive litigation, may institute and prosecute a civil action for injunctive, monetary or other appropriate relief within 3 years after the cause of action accrues.

If the court finds for the petitioner in an action authorized by this section, recovery shall be in the amount of actual damages, which shall include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs or reasonable attorney’s fees incurred in connection with the abusive litigation.

(c) A court may exercise jurisdiction over a person in an action authorized by this section if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has commenced any action in any court in the commonwealth and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or (iii) the exercise of jurisdiction is permitted under the Constitution of the United States.

(d) This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of the commonwealth if the course of conduct that forms the basis for liability had occurred entirely in the commonwealth, including any contract, tort, common law or statutory claims.

Section 11I ¾. Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of the commonwealth shall govern in any case or controversy related to reproductive health care services or gender-affirming health care services, as defined in section 11I½, heard in the commonwealth, except as may be required by federal law.”; and

by inserting after section 28 the following 8 sections:-

“SECTION 28A. Chapter 94C of the General Laws is hereby amended by striking out section 19A, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 19A. (a) As used in this section, “emergency contraception” shall, unless the context clearly requires otherwise, mean any drug approved by the federal Food and Drug Administration as a contraceptive method for use after sexual intercourse, whether provided over-the-counter or by prescription.

(b) The department shall ensure that a statewide standing order is issued to authorize the dispensing of emergency contraception by a licensed pharmacist. The statewide standing order shall include, but not be limited to, written, standardized procedures or protocols for the dispensing of emergency contraception by a licensed pharmacist. Notwithstanding any general or special law to the contrary, the commissioner, or a physician designated by the commissioner who is registered to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7, shall issue a statewide standing order that may be used by a licensed pharmacist to dispense emergency contraception under this section.

(c) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense emergency contraception in accordance with the statewide standing order issued under subsection (b). Except for an act of gross negligence or willful misconduct, a pharmacist who, acting in good faith, dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action by the board of registration in pharmacy related to the use or administration of emergency contraception.

(d) Before dispensing emergency contraception authorized under this section, a pharmacist may complete a training program approved by the commissioner on emergency contraception; provided, however, that the training shall include, but not be limited to, proper documentation, quality assurance and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner.

(e) A pharmacist dispensing emergency contraception under this section shall annually provide to the department the number of times such emergency contraception is dispensed. Reports made pursuant to this section shall not identify any individual patient, shall be confidential and shall not be public records as defined by clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.

(f) Except for an act of gross negligence or willful misconduct, the commissioner or a physician who issues the statewide standing order under subsection (b) and any medical practitioner who, acting in good faith, directly or through the standing order, prescribes or dispenses emergency contraception shall not be subject to any criminal or civil liability or any professional disciplinary action.

(g) The department, board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.

SECTION 28B. Chapter 112 of the General Laws is hereby amended by inserting after section 5F the following section:-

Section 5F½. Notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with good medical practice if they occurred entirely in the commonwealth.

The board shall not make available for public dissemination on a physician’s individual profile record of any criminal conviction or charge for a felony or serious misdemeanor, final disciplinary action by a licensing board in another state or a medical malpractice court judgment, arbitration award or settlement that resulted from providing or assisting in the provision of reproductive health care services or gender-affirming health care services or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with good medical practice if they occurred entirely in the commonwealth. The board shall not take adverse action on an application for registration of a qualified physician based on a criminal or civil action, disciplinary action by a licensing board of another state or a medical malpractice claim in another state arising from the provision of reproductive health care services or gender-affirming health care services that, as provided, would have been lawful and consistent with good medical practice if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of medicine in any other state.

SECTION 28C. Section 9H of said chapter 112, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “sections”, in line 4, the following words:- ; provided, however, that notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of conduct for physician assistants if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified physician assistant based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of conduct for physician assistants if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of physician assistants in any other state.

SECTION 28D. Section 32 of said chapter 112, as so appearing, is hereby amended by striking out, lines 6 and 7, the words “one hundred and thirty-eight” and inserting in place thereof the following words:- 138; provided, however, that notwithstanding any general or special law to the contrary, no person, pharmacy or pharmacy department shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting, including dispensing of medication, in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I ½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the code of professional conduct for pharmacists if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified pharmacist based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services, including the dispensing of medication, that, as provided, would have been lawful and consistent with the code of professional conduct for pharmacists if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of pharmacists in any other state.

SECTION 28E. Section 77 of said chapter 112, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I ½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standard of conduct for nurses if they occurred entirely in the commonwealth. The board shall not take adverse action on an application for registration of a qualified nurse based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standard of conduct for nurses if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of nursing in any other state.

SECTION 28F. Section 128 of said chapter 112, as so appearing, is hereby amended by inserting after the word “inclusive”, in line 4, the following words:- ; provided, however, that notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standard of conduct adopted by the board by regulation if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified psychologist based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standard of conduct adopted by the board by regulation if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of psychology in any other state.

SECTION 28G. Section 137 of said chapter 112, as so appearing, is hereby amended by inserting after the word “practice”, in line 8, the following words:- ; provided, however, that notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as defined in section 11I ½ of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standards of professional practice and conduct for social workers if they occurred entirely in the commonwealth; provided further, that the board shall not take adverse action on an application for registration of a qualified social worker based on a criminal or civil action or disciplinary action by a licensing board of another state that arises from such health care services that, as provided, would have been lawful and consistent with the standards of professional practice and conduct for social workers if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of social work in any other state.”; and

by inserting after section 41 the following 2 sections:-

“SECTION 41A. Chapter 147 of the General Laws is hereby amended by adding the following section:-

Section 63. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Law enforcement agency of the commonwealth”, any state, municipal, college or university police department, sheriff’s department, correctional facility, prosecutorial office, court, probation office, or a program of more than 1 of any such entity, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.

(b) Notwithstanding any general or special law to the contrary, and except as required by federal law, no officer or employee of a law enforcement agency of the commonwealth, while acting under color of law, shall provide information or assistance to a federal law enforcement agency or any other state’s law enforcement agency or any private citizen or quasi-law enforcement agent in relation to an investigation or inquiry into services constituting legally protected health care activity, as defined in section 11I½ of chapter 12, if such services would be lawful as provided if they occurred entirely in the commonwealth.

SECTION 41B. Section 193U of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “specialty”, in line 14, the following words:- ; provided further, that no medical malpractice insurer shall discriminate against a provider or adjust or otherwise calculate a provider’s risk classification or premium charges on the basis that: (i) the health care provider offers or provides reproductive health care services or gender-affirming health care services, as defined in section 11I½ of chapter 12; (ii) the specific services offered or provided in connection with reproductive health care services or gender-affirming health care services are unlawful in another state; (iii) another state’s laws create potential or actual liability for those services; or (iv) litigation against a provider concerning reproductive health care services or gender-affirming health care services resulted in a judgment against the provider, if such health care services would be lawful and consistent with good medical practice as provided if they occurred entirely in the commonwealth.”; and

by inserting after section 46 the following 10 sections:-

“SECTION 46A. Section 4A of chapter 218 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “filing”, in line 20, the following words:- ; provided further, that, except as required by federal law, a judgment creditor shall not file a copy of any foreign judgment under this section if the judgment was issued in connection with any litigation concerning legally protected health care activity as defined in section 11I½ of chapter 12.

SECTION 46B. Subsection (g) of said section 4A of said chapter 218, as so appearing, is hereby amended by adding the following sentence:- In any action filed to enforce a judgment issued in connection with any litigation concerning legally protected health care activity, as defined in section 11I½ of chapter 12, the court in the commonwealth hearing the action shall not give any force or effect to any judgment issued without jurisdiction.

SECTION 46C. Section 11 of chapter 223A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any other provision of this section to the contrary and except as required by federal law, a court of this commonwealth shall not order a person who is domiciled or found within this commonwealth to give testimony or statement or produce documents or other things for use in connection with any proceeding in a tribunal outside the commonwealth concerning legally protected health care activity, as defined at section 11I½ of chapter 12.

SECTION 46D. Section 59H of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word “case”, in line 1, the following words:- , except a case brought pursuant to section 11I½ of chapter 12,.

SECTION 46E. Section 13A of chapter 233 of the General Laws, as so appearing, is hereby amended by inserting after the word “summons”, in line 32, the following words:- , except that no justice shall issue a summons in a case, except as required by federal law, where prosecution is pending concerning legally protected health care activity, as defined in section 11I½ of chapter 12, or where a grand jury investigation concerning legally protected health care activity has commenced or is about to commence for a criminal violation of a law of such other state unless the acts forming the basis of the prosecution or investigation would also constitute an offense if occurring entirely in the commonwealth.

SECTION 46F. Section 13 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-

The governor may also surrender, on demand of the executive authority of any other state, any person in the commonwealth charged in such other state in the manner provided in section 14 with committing an act in this commonwealth, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, hereafter in this section and in sections 14 to 20P, inclusive, referred to as the demanding state, only when the acts for which extradition is sought would be punishable by the laws of the commonwealth if the consequences claimed to have resulted therefrom in the demanding state had taken effect in this commonwealth and the provisions of sections 11 to 20R, inclusive, not otherwise inconsistent shall apply to such cases even though the accused was not in the demanding state at the time of the commission of the crime and has not fled therefrom; provided, however, that the governor may, in the governor’s discretion, make any such surrender conditional upon agreement by the executive authority of the demanding state that the person so surrendered will be held to answer no criminal charges of any nature except those set forth in the requisition upon which such person is so surrendered, at least until such person has been given reasonable opportunity to return to the commonwealth after the person’s acquittal, if the person shall be acquitted, or after the person shall be released from confinement, if the person shall be convicted.

Except as required by federal law, the governor shall not surrender a person charged in another state as a result of engaging in legally protected health care activity, as defined in section 11I½ of chapter 12, unless the executive authority of the demanding state shall allege in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter the accused fled from the demanding state.

SECTION 46G. Section 14 of said chapter 276, as so appearing, is hereby amended by inserting the after word “state”, in line 7, the following words:- only when the acts for which extradition is sought would be punishable by the laws of the commonwealth, if the consequences claimed to have resulted therefrom in the demanding state had taken effect in this commonwealth.

SECTION 46H. Section 20A of said chapter 276, as so appearing, is hereby amended by inserting after the word “thirteen”, in lines 5 and 12 and 13, the following words:- , with the exception of cases for which the governor shall not surrender a person under said section 13.

SECTION 46I. Section 20B of said chapter 276, as so appearing, is hereby amended by adding the following sentence:- This section shall not apply to cases arising under section 13 for which the governor shall not surrender a person.

SECTION 46J. Section 20C of said chapter 276, as so appearing, is hereby amended by inserting after the word “thirteen”, in line 4, the following words:- , with the exception of cases for which the governor shall not surrender a person under said section 13.”.


Budget Amendment ID: FY2023-S4-389

EHS 389

Recovery Works

Ms. Edwards, Messrs. Velis and Crighton, Ms. DiZoglio, Messrs. Eldridge and Keenan, Ms. Jehlen, Ms. Comerford, Ms. Gobi, Ms. Rausch and Messrs. O'Connor and Timilty moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- "provided further, that not less than $1,500,000 shall be expended for the RecoveryWorks program at Massachusetts General Hospital to enhance long-term recovery by (i) offering participants mentorship, assistance with legal issues, individualized career guidance, career-focused workshops, and recovery and employment related educational and skill-based groups; (ii) reaching out to employers/partners for education and anti-stigma workshops; (iii) creating a community to include participants and families as they seek to enter, return, or shift careers in the workforce."


Budget Amendment ID: FY2023-S4-393

EHS 393

Brookline Community Mental Health Center

Ms. Creem moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting the following:- "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 the figure "120,844,597" and inserting in place thereof the figure "121,094,597".


Budget Amendment ID: FY2023-S4-393-R1

Redraft EHS 393

Brookline Community Mental Health Center

Ms. Creem and Messrs. Hinds and Feeney 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. in the town of Brookline to expand the healthy lives program"; and

in said section 2, in said item 4000-0300 by striking the figure "120,844,597" and inserting in place thereof the following figure:- "121,094,597".


Budget Amendment ID: FY2023-S4-394

EHS 394

Substance Use Disorder & Homeless Initiatives

Ms. Edwards moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the Substance Use Disorder & Homeless Initiatives Office.  in the city of Revere”; and in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$175,000”.


Budget Amendment ID: FY2023-S4-395

EHS 395

Certified Medication Aides

Mr. Tarr, Ms. Gobi, Ms. Lovely and Messrs. Moore, Gomez, Hinds and Pacheco moved that the proposed new text be amended by inserting after section _ the following:-

"SECTION_. Chapter 111, as appearing in the Massachusetts General Laws 2018 Edition, is hereby amended by inserting, after section 72BB the following new section:-

Section 72CC. (a) As used in this section the following words shall have the following meaning:- A certified medication aide means a staff member, who meets the eligibility requirements, has successfully completed the required training and competency testing developed by the Department of Public Health, and is considered competent to administer medications to residents in long-term care facilities.

(b) The Department shall create a program for the administration of medications in long-term care facilities by certified medication aides in consultation with all necessary and relevant appropriate agencies, and licensing boards, including, but not limited to, the board of registration in Nursing.

(c) The Department shall develop and approve training curricula, competency evaluation procedures, standards for qualifications of applicants for certification and monitoring and oversight requirements for participating long-term care facilities.

(d) The Department shall establish regulations that include: (1) provisions for continuing education requirements for certified medication aides; (2) requirements for re-certification of certified medication aides on a biennial basis; and (3) fees for the issuance of certification to certified medication aides.

(e) The Department shall allow for the creation of apprenticeship programs for currently employed resident care assistants (RCAs) and certified nurse aides (CNAs) to become certified medication aides.

(f) The Department may promulgate rules and regulations to carry out the provisions of this section.


Budget Amendment ID: FY2023-S4-396

EHS 396

Strengthening the workforce at Skilled Nursing Facilities

Mr. Tarr, Ms. Lovely and Messrs. Moore, O'Connor and Pacheco moved that the proposed new text be amended in section 2, by inserting after item 4000-1700 the following item:

"XXXX-XXXX. There is hereby established a reserve account for the purpose of increasing and supplementing the rates paid by the commonwealth, through its Medicaid and other payment mechanisms, to licensed skilled nursing facilities in Massachusetts; provided further, that the executive office of health and human services, in consultation with the Massachusetts Senior Care Association, Inc., shall develop and administer said account; provided that such facilities shall be properly licensed and meet all current regulatory requirements, provided, that any expenditures from said account shall be made in such a manner as to maximize federal reimbursement and federal financial participation and shall apply any funds received pursuant to this section for the purpose of increasing compensation to directly employed staff and contract staff employed as registered nurses, licensed practical nurses, certified nurse aides, resident care aides, activities and recreation staff, dietary staff, housekeeping staff, laundry staff, social service workers, behavioral therapy staff, plant operations staff, maintenance staff, and restorative therapists in order to recruit, maintain, and otherwise ensure adequate staffing levels for the delivery of consistent, sustainable and  quality care to meet the demands caused by the COVID-19 pandemic. Funds shall be expended for this purpose from this account for a period not to exceed 6 months following the passage of this act. Said reserve account shall be funded through general fund appropriations, gifts, grants, and the appropriation of funds made available to the commonwealth through the American Recovery Plan Act (Pub L. No. 117-2); provided further, that the executive office of health and human services, in consultation with the Massachusetts Senior Care Association, Inc. and 1199SEIU, shall establish a methodology for distributing funds; provided further that, prior to disbursement of any funds from this account, the executive office shall submit methodology criteria to the house and senate committees on ways and means and the joint committee on elder affairs; and provided further, that funds shall prioritize facilities for which not less than 75 per cent of residents are enrolled in MassHealth; provided further the executive office of health and human services shall submit on a monthly basis a reporting of the expenditures under this act with the clerks of the house and senate………$46,000,000."


Budget Amendment ID: FY2023-S4-397

EHS 397

Preventing Overdose Abandonment

Messrs. O'Connor and Tarr moved that the proposed new text be amended by adding the following section:-

"SECTION XX. Section 96 of Chapter 71 of the General Laws is hereby amended by inserting after the second paragraph the following:-

Each public school’s substance use prevention policy shall include plans to educate and inform students with particular attention to:

(1) the dangers of addictive substance use generally, and especially of opioids, and the repercussions thereof, and

(2) the immunities granted under section 34A of chapter 94C of the general laws to encourage the reporting of overdoses.

Schools may employ useful methods based on successful models used in other districts. Schools may assess the effectiveness of their measures, share successful approaches with others, and work for more effective substance use education in collaboration with the department of public health and the department of elementary and secondary education.

SECTION XX. Section XX shall go into effect immediately upon the passage of this act."


Budget Amendment ID: FY2023-S4-398

EHS 398

Talking Information Center

Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4110-1000, by adding the following words:- “provided further, that not less than $350,000 shall be expended for the Talking Information Center, Incorporated to provide human voiced broadcasts of local news, articles and items of interest to visually impaired and otherwise disabled listeners;” and by striking out the figure “$6,802,660” and inserting in place thereof the following figure:- “$7,152,660”.


Budget Amendment ID: FY2023-S4-398-R1

Redraft EHS 398

Talking Information Center

Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4110-1010, by adding the following words:- “; provided further, that not less than $350,000 shall be expended for the Talking Information Center, Incorporated to provide human voiced broadcasts of local news, articles and items of interest to visually impaired and otherwise disabled listeners” and

by striking out the figure “$750,000” and inserting in place thereof the following figure:- “$1,100,000”.


Budget Amendment ID: FY2023-S4-399

EHS 399

Youth Violence Prevention

Messrs. Brownsberger and Cyr 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 $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 by striking out the figure “$6,135,000” and inserting in place thereof the following figure: “$6,385,000”.


Budget Amendment ID: FY2023-S4-401

EHS 401

Healthy Massachusetts

Messrs. O'Connor and Tarr moved that the proposed new text be amended by inserting the following sections:-

"SECTION XX. The department of public health shall design and implement a public awareness campaign, subject to appropriation, to promote healthy and active lifestyles in the wake of the novel coronavirus pandemic. The campaign shall promote subjects including, but not limited to, safe and responsible approaches to exercise in gyms and indoor exercise facilities, healthy habits to improve immune, respiratory, and other systems of the body to support virus resistance, and safe practices to counteract the physical and emotional impacts of quarantine and social distancing. Promotion methods shall include, but not be limited to, television and website advertisements, infographic displays in public places, and the adoption of a memorable slogan.

SECTION XX. The department of public health shall establish and set up on the books of the Commonwealth a gym membership subsidy program for the purpose of incentivizing public and private employers to offer free gym memberships for employees. The department shall design and implement an application system whereby employers may apply for partial or full reimbursement for the costs of offering employees free gym memberships. The department acting under such program shall prioritize applicants who do not contract with a health insurance provider that offers gym membership reimbursements.

SECTION XX. Notwithstanding any general or special law to the contrary, there shall be established a special commission to study and recommend a recovery framework for survivors of the novel 2019 coronavirus incorporating epidemiological and preventative health science, best practices in lifestyle and fitness, and healthcare industry insight.

(a) The commission shall be comprised of the following members: three private gym owners, to be appointed by the Governor; the director of the Massachusetts Independent Fitness Operators Organization; the commissioner of the department of public health, or their designee; the director of Mass In Motion program, or their designee; the director of the bureau of community health and prevention, or their designee; the director of the Massachusetts Health Policy commission, or their designee; and the director of the Massachusetts Center for Health Information and Analysis, or their designee.

(b) The first meeting of the commission shall take place no later than December 1, 2022 and shall be organized by the director of the bureau of community health and prevention.

(c) The commission shall produce a report of their findings and analysis along with any recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint Committee on Public Health no later than December 1, 2023."


Budget Amendment ID: FY2023-S4-403

EHS 403

DPH Airplane Noise Study

Messrs. Timilty and O'Connor and Ms. Lovely moved that the proposed new text be amended by adding after section X the following section:-

"SECTION XX.

The department of public health shall commission a study of the health and noise impacts of airplane flights directed to and from the General Edward Lawrence Logan International Airport on residents of communities that are represented on the Massachusetts Port Authority Community Advisory Committee.

The study shall include, but not be limited to, an analysis of the health and noise impacts of airplane flights on such residents who are exposed to conditions related to noise and air pollution emanating from airplane flights, including asthma exacerbation, sleep disturbance, stress and elevated blood pressure; provided, that the study shall particularly consider the health impacts on residents living partly or wholly beneath 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 a report detailing the findings of its study to the clerks of the senate and the house of representatives, the joint committee on public health and the senate and house committees on ways and means not later than December 31, 2022.”.

 

 

 


Budget Amendment ID: FY2023-S4-404

EHS 404

Norfolk, Bristol and Plymouth District Substance Misuse Coalitions

Messrs. Timilty, Brady and Feeney moved that the proposed new text be amended in section 2, in item 4512-0205, by inserting the following words:- "; provided further, that not less than $180,000 shall be expended in equal amounts to the following substance abuse coalitions and community partnerships: (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 Coalition; and (ix) Organizing Against Substances in Stoughton"; and by striking out the figure “$125,000” and inserting in place thereof the following figure:- "$305,000".


Budget Amendment ID: FY2023-S4-405

EHS 405

Medicare Savings Program Asset Level

Messrs. DiDomenico and Eldridge, Ms. Chang-Diaz, Ms. Jehlen, Messrs. Lesser and Collins, Ms. DiZoglio, Ms. Comerford, Mr. Brady, Ms. Gobi, Ms. Rausch, Messrs. Crighton and Hinds, Ms. Lovely, Messrs. Gomez, Montigny, Tarr and O'Connor and Ms. Edwards moved that the proposed new text be amended in section 31, in line number 6, by replacing the words “the federal resource limit for the Medicare Savings programs, each as adjusted annually" with the words “$100,000 for an individual and $125,000 for a couple”


Budget Amendment ID: FY2023-S4-406

EHS 406

CNA to LPN Career Ladder Program

Messrs. Tarr, Keenan and Brady, Ms. Gobi, Ms. Jehlen, Ms. Lovely and Messrs. Timilty, Moore, Hinds, Cyr, O'Connor and Pacheco moved that the proposed new text be amended in section 2, by inserting after item 4000-1701 the following item:-

"XXXX-XXXX. There is hereby established a Certified Nursing Assistant to Licensed Practical Nurse Career Ladder grant program to be administered by the Massachusetts Commonwealth Corporation, in consultation with the Massachusetts Senior Care Association, Massachusetts Association of Community Colleges, Laboure College of Healthcare and the Massachusetts Nursing Council on Workforce Sustainability within the Commonwealth Medicine at University of Massachusetts School of Medicine for the purpose of establishing a career advancement pathway to enable certified nursing assistants to enroll in licensed practice nursing programs at local community colleges, technical high schools or other accredited programs; provided further, that said corporation shall establish criteria for awarding regional collaborative grants that shall fund the full cost of tuition and curriculum materials, as well as paying staff to attend classes to secure their licensed practical nursing degree and may include stipends for childcare, transportation, English as a second language classes and other necessary costs the Corporation deems necessary to ensure the success of the program; and provided further that these grants can be expended over a three-year period….   $25,000,000"


Budget Amendment ID: FY2023-S4-407

EHS 407

Child Protection Program

Ms. Chandler and Messrs. O'Connor and Moore moved that the proposed new text be amended in section 2, in item 4800-0038, after the words “and Family Support Network, Inc;” by inserting the following:- "; provided further that not less than $450,000 shall be expended for a hospital-based, comprehensive Child Protection Program at UMass Memorial Medical Center providing 24/7 pediatric abusive injury care, including medical evaluation and diagnosis services in cases of pediatric sexual abuse, sexual assault, physical abuse and neglect; timely health care evaluations and examinations for children entering foster care; training of medical, educational and social service professions regarding physical and mental health issues for victims of abuse"; and

by striking out the figure "$317,979,978" and inserting in place thereof the following:- "$318,429,978"


Budget Amendment ID: FY2023-S4-408

EHS 408

Head Injury Treatment Services

Ms. Chandler, Ms. DiZoglio, Ms. Gobi, Messrs. Eldridge, Moore, Keenan, Brady, Feeney and Finegold, Ms. Rausch, Ms. Lovely and Messrs. Gomez, O'Connor and Timilty moved that the proposed new text be amended in section 2, in item 4120-6000, by striking out the figure “$24,888,783,” and inserting in place thereof the following:- “$25,388,783.”


Budget Amendment ID: FY2023-S4-409

EHS 409

Perinatal Neonatal Quality Improvement Network

Ms. Chandler, Mr. Moore, Ms. Comerford and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4590-1503, by striking out the words:- "universal newborn hearing screening and perinatal-neonatal quality improvement" and inserting in place thereof the following:- "and universal newborn hearing screening; and provided further that not less than $500,000 shall be expended for the Perinatal Neonatal Quality Improvement Network (PNQIN) including but not limited to improving health outcomes for mothers, newborns and families by decreasing maternal morbidity and mortality, reducing health care disparities, and achieving health equity”; and

by striking out the figure "$8,308,558" and inserting in place thereof the following:- "$8,808,558".

 


Budget Amendment ID: FY2023-S4-411

EHS 411

Establishing Chronic Kidney Disease Taskforce

Ms. Chandler and Messrs. Gomez, O'Connor and Moore moved that the proposed new text be amended by inserting after Section 78 the following section:-

SECTION XX. (a) The department of public health shall establish a Kidney Disease Prevention and Education Task Force.

(b) The task force shall consist of the following members or a designee: The House and Senate Chairs of the Joint Committee on Public Health, who shall serve as co-chairs, and 12 members to be appointed by the co-chairs, 1 of whom shall be the commissioner of public health or their designee, 1 of whom shall be from the National Kidney Foundation New England, 2 of whom shall be kidney patients, 2 of whom shall represent minority public health organizations, 1 of whom shall represent a community health clinic, 1 of whom shall represent a not-for-profit organ procurement organization, 1 of whom shall represent the Nephrology Department at Mass General Brigham, 1 of whom shall represent the Joslin Diabetes Center, 1 of whom shall represent the Massachusetts Medical Society, 1 of whom shall represent a private health plan, 1 of whom shall represent Masshealth.

(c) The task force shall:

(1) Examine chronic kidney disease, transplantation, living and deceased kidney donation, and the existing disparity in the rates of those afflicted between Caucasians and minorities.

(2) Examine ways to reduce the occurrence of chronic kidney disease by controlling the most common risk factors, diabetes and hypertension, through early detection and preventive efforts at the community level and disease management efforts in the primary care setting.

(3) Identify current barriers to adoption of best practices and potential policy options to address these barriers.

(4) Develop a sustainable cost-effective plan for prevention, early screening, diagnosis, and treatment of chronic kidney disease.

(5) Develop a sustainable plan to raise awareness about early detection and prevention while promoting health equity.

(6) Work directly with policymakers, public health entities, and educational institutions to create health education programs to reduce the burden of kidney disease throughout the State, which shall include an ongoing campaign that includes health education workshops and seminars, relevant research, and preventive screenings and that promotes social media campaigns and TV and radio commercials.

(7) Examine the potential for an opt-out donor registry.

(d) The Task Force shall submit a report of its findings and recommendations on or before December 31, 2023 to the clerks of the senate and the house of representatives.


Budget Amendment ID: FY2023-S4-411-R1

Redraft EHS 411

Establishing Chronic Kidney Disease Taskforce

Ms. Chandler and Messrs. Gomez, O'Connor and Moore moved that the proposed new text be amended by adding after section 70 the following section:-

“SECTION 70A. (a) The department of public health shall convene a task force to: (i) examine chronic kidney disease, transplantation, living and deceased kidney donation and the existing racial, ethnic, regional and socioeconomic disparities in the rates of impacted persons; (ii) examine ways to reduce the occurrence of chronic kidney disease by controlling the most common risk factors, including diabetes and hypertension, through early detection and prevention efforts at the community level and disease management efforts in the primary care setting; (iii) identify current barriers to adoption of best practices and potential policy options to address these barriers; (iv) develop a sustainable cost-effective plan for prevention, early screening, diagnosis and treatment of chronic kidney disease; (v) develop a sustainable plan to raise awareness about early detection and prevention while promoting health equity; (vi) work directly with policymakers, public health entities and educational institutions to create health education programs to reduce the burden of kidney disease.  which shall include an ongoing campaign that includes health education workshops and seminars, relevant research and preventive screenings and that utilizes social media campaigns and television and radio commercials; and (vii) examine the feasibility and advisability of an opt-out donor registry.

(b) The task force shall consist of: the senate and house chairs of the joint committee on public health, who shall serve as co-chairs; the commissioner of public health or a designee; the chief executive officer of the Massachusetts League of Community Health Centers, Inc. or a designee; the assistant secretary of MassHealth or a designee; and 12 persons to be appointed by the co-chairs, 1 of whom shall be a representative of the National Kidney Foundation serving New England, 3 of whom shall be kidney patients, 2 of whom shall be representatives of public health organizations with a focus on racial equity, 1 of whom shall represent a not-for-profit organ procurement organization, 1 of whom shall represent the nephrology department at Mass General Brigham Incorporated, 1 of whom shall represent the Joslin Diabetes Center, Inc., 1 of whom shall represent the Massachusetts Medical Society, 1 of whom shall represent the Massachusetts Association of Health Plans, Inc. and 1 of whom shall represent Blue Cross and Blue Shield of Massachusetts, Inc.

(c) The task force shall file a report on the results of its examination and any recommendations to the clerks of the senate and the house of representatives, the joint committee on public health and the senate and house committees on ways and means not later than November 1, 2023.”


Budget Amendment ID: FY2023-S4-412

EHS 412

Access and continuity of care to specialist and hospital services for dually eligibles

Ms. Chandler moved that the proposed new text be amended by inserting after Section 78 the following section:-

SECTION XX. Section 9D of Chapter 118E of the general laws is hereby amended by adding the following new paragraph (r):

(r) To ensure access to specialist and hospital care for dual eligible members, any dually eligible individual shall be permitted to receive health care services from any specialist or hospital provider in the commonwealth, irrespective of any health plan or provider network limitation. In such situations the provider shall be reimbursed the fee-for-service amount by Medicare or MassHealth for the service, including when the member is enrolled in a One Care or SCO plan, unless the plan and provider mutually agree to a different reimbursement amount for the service.

(r-1) To ensure continued access to primary, specialist, and hospital care for our most vulnerable seniors, MassHealth shall require any One Care or SCO plan and provider that has terminated a contract that includes the provision of health care services to One Care or SCO members, to allow impacted members to continue to receive services from their  primary care, specialist provider, or any inpatient or outpatient hospital subject to the termination, under the terms of the pre-existing contract, for twelve months following the expiration of any continuity of care requirements that may follow the contractual termination. During this period, plans shall be required to maintain all contractual terms and conditions that were in effect with the provider prior to the notice of termination being sent by either party, including but not limited to reimbursement, unless mutually agreed upon by the plan and the provider. Plans and providers shall be prohibited from using this provision to avoid using good faith efforts to negotiate contractual arrangements.


Budget Amendment ID: FY2023-S4-413

EHS 413

Oral Health Commission and Needs Assessment

Ms. Chandler, Mr. Eldridge, Ms. DiZoglio, Messrs. Brady and Tarr, Ms. Comerford, Mr. Timilty, Ms. Jehlen, Ms. Rausch, Ms. Lovely and Messrs. Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 4513-1112, by inserting after “programs” the following:- “; provided further, that not less than $500,000 shall be expended for the oral health commission and needs assessment pursuant to section XX"; and

by striking the figure “10,836,148” and inserting in place thereof the following figure: “11,336,148"


Budget Amendment ID: FY2023-S4-414-R1

Redraft EHS 414

Establishing a Special Commission on Oral Health

Ms. Chandler, Mr. Eldridge, Ms. DiZoglio, Messrs. Brady and Tarr, Ms. Comerford, Mr. Timilty, Ms. Jehlen, Ms. Rausch, Ms. Lovely and Messrs. Gomez and O'Connor moved that the proposed new text be amended by adding after section 70 the following section:-

“SECTION 70A. (a) There shall be a special commission on oral health for the purpose of studying oral disease in the commonwealth, identifying gaps in care and developing a strategic plan to address specific barriers, integrate oral health with general health and improve access to, and quality of, oral health care for the residents of the commonwealth. The commission shall: (i) investigate the current oral health status and needs of all residents of the commonwealth, including adult and pediatric populations; (ii) assess gaps in access to oral health care and services; (iii) develop a plan and timeline to conduct a statewide oral health needs assessment, which shall be under the direction of the office of oral health advisory committee; (iv) create guidelines to establish a statewide oral health data and surveillance system using contemporary information technologies and national comparisons of key indicators; (v) provide workforce, infrastructure and policy recommendations that address oral health disparities, increase public awareness of oral health services and work towards building health equity; (vi) utilize data to examine oral health status and dental care access for underserved and diverse populations including, but not limited to, racially, ethnically, culturally and linguistically diverse communities across all geographic regions of the commonwealth; (vii) assess provider capacity or shortages, inclusive of provider enrollment by payer type; (viii) propose solutions to improve access to culturally sensitive care and services and increase dental provider enrollment in MassHealth; (ix) investigate gaps in public oral health prevention and promotion programs, considering the impact of social determinants of health on oral health; and (x) report on other matters as the commission shall determine to be of relevance and priority.

(b) The commission shall consist of: the commissioner of public health or a designee, who shall serve as chair; the members of the department of public health office of oral health advisory committee; the assistant secretary for MassHealth or a designee; the chairs of the joint committee on public health or their designees; the director of the health policy commission or a designee; the executive director of the center for health information and analysis or a designee; and 17 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Dental Society, 1 of whom shall be a representative of the Massachusetts Dental Hygienists Association, Inc., 1of whom shall be a representative of Health Care For All, Inc., 3 of whom shall be representative of geographically, racially, socioeconomically and ethnically diverse communities, 1 of whom shall be a representative of an organization representing older adults, 2 of whom shall be representatives of community health centers that provide dental health services, 1 of whom shall be a representative of the Boston public health commission, 1 of whom shall be a representative of the CareQuest Institute for Oral Health, 1 of whom shall be a dean of a Massachusetts school of dental medicine or a designee, 1 of whom shall be a dean of a Massachusetts school of dental hygiene or a designee, 1 of whom shall be representative of the Massachusetts Public Health Association, 1 of whom shall be representative of the Massachusetts Academy of Pediatric Dentistry, 1 of whom shall be representative of hospital that provides dental services to children and 1 of whom shall be representative of a health organization participating in an accountable care payment model. The commission may select additional or replacement members as appropriate and may consult with relevant experts to support the commission’s objectives and the production of its report.

(c) The commission shall file its report and recommendations with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on health care financing and the joint committee on public health not later than July 31, 2023. The statewide oral health needs assessment findings and recommendations shall be filed not later than July 31, 2024.”


Budget Amendment ID: FY2023-S4-414

EHS 414

Establishing a Special Commission on Oral Health

Ms. Chandler, Mr. Eldridge, Ms. DiZoglio, Messrs. Brady and Tarr, Ms. Comerford, Mr. Timilty, Ms. Jehlen, Ms. Rausch, Ms. Lovely and Messrs. Gomez and O'Connor moved that the proposed new text be amended by adding after Section 78 the following section:-

SECTION XX. (a) Notwithstanding any general or special law to the contrary, the office of oral health within the department of public health shall establish a special commission on oral health for the purpose of making an investigation and study of the current burden of oral disease in the commonwealth, identifying the gaps in care and developing a strategic plan to address specific barriers, integrate oral health with general health, and improve access and quality of oral health care provided for the residents of the commonwealth. Said commission shall consist of the commissioner of public health or a designee, who shall serve as chair; the current members of the department of public health office of oral health advisory committee; the assistant secretary for MassHealth or a designee; two members of the house of representatives to be named by the speaker of the house, two members of the senate to be named by the senate president; and twelve members to be named by the Governor; one of whom shall be a representative of the health policy commission; one of whom shall be a representative of the center for health information and analysis; one of whom shall be a representative of the Massachusetts Dental Society; one of whom shall be a representative of the Massachusetts Dental Hygiene Association; one of whom shall be a representative of Health Care For All; three of whom shall be representative of geographically, racially, socioeconomically and ethnically diverse communities in the state; one of whom shall be a representative of an organization representing older adults; two of whom shall be representatives of community health centers that provide dental health services; one of whom shall be a representative of the Boston Public Health Commission; one of whom shall be a representative of the CareQuest Institute for Oral Health; one of whom shall be dean of a Massachusetts school of dental medicine or a designee; one of whom shall be a dean of a Massachusetts school of dental hygiene or a designee; one of whom shall be representative of the Massachusetts Public Health Association; one of whom shall be representative of the Massachusetts Academy of Pediatric Dentistry; one of whom shall be representative of hospital that provides dental services to children; and one of whom shall be representative of a health organization participating in an accountable care payment model. The commission may select additional or replacement members as appropriate and may consult with relevant experts to support the commission’s objectives and the production of its report.

(b) Said commission shall investigate the current oral health status and needs of all residents of the Commonwealth, including adult and pediatric populations; assess gaps in access to oral health care and services; develop a plan and timeline to conduct a statewide oral health needs assessment to be led by the office of oral health advisory committee; create guidelines to establish a statewide oral health data and surveillance system using contemporary information technologies and national comparisons of key indicators and provide workforce, infrastructure, and policy recommendations that address oral health disparities, increase public awareness of oral health services, and work towards building health equity in the Commonwealth. Said commission shall utilize data to examine oral health status and dental care access for underserved and diverse populations including but not limited to racially, ethnically, culturally and linguistically diverse communities across all geographic regions in the commonwealth; assess provider capacity or shortages inclusive of provider enrollment by payer type; propose solutions to improve access to culturally humble care and services and increase dental provider enrollment in MassHealth; public oral health prevention and promotion programs, considering the impact of social determinants of health on oral health; telehealth; and such other matters as the commission shall determine to be of relevance and priority.

(c) Said commission shall file its plan and timeline with the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health, the clerks of the house of representatives and senate on or before July 31, 2023. The statewide oral health needs assessment findings and recommendations shall be filed not later than July 31, 2024.


Budget Amendment ID: FY2023-S4-416

EHS 416

PACE program awareness

Ms. Chandler, Ms. Comerford, Mr. Moore, Ms. Chang-Diaz, Ms. Jehlen, Messrs. Crighton, Brady and Eldridge, Ms. Rausch and Messrs. Velis and Gomez moved that the proposed new text be amended by adding after Section 78 the following section:-

“SECTION XX. Section 9 of chapter 118E of the general laws is hereby amended by striking paragraph four and adding in place there of the following:-

A person seeking admission to a long-term care facility paid for by MassHealth shall receive pre-admission counseling for long-term care services, which shall include an assessment of community-based service options including but not limited to the Program of all-inclusive care for the elderly (PACE) pursuant to CFR Part 460.60. A person seeking care in a long-term care facility on a private pay basis shall be offered pre-admission counseling. For the purposes of this section, pre-admission counseling shall be conducted by the executive office of health and human services or the executive office of elder affairs or their subcontractors. The executive office of elder affairs shall, in consultation with the office of acute and ambulatory care in the executive office of health and human services, study the advisability and feasibility of using certain Medicaid providers to provide pre-admission counseling. The division shall report to the general court on an annual basis the number of individuals who received pre-admission counseling under this section and the number of diversions to the community generated by the pre-admission counseling program.”


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2937

 

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

by adding after Section 78 the following 3 sections:-

SECTION XX. Chapter 123 as appearing in the Massachusetts General Laws  is hereby amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. (a) A physician who is licensed pursuant to section 2 of chapter 112, an advanced practice registered nurse authorized to practice as such under regulations promulgated pursuant to section 80B of said chapter 112, a qualified psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112 or a licensed independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of said chapter 112 or a qualified physician assistant licensed pursuant to section 9(e) of chapter 112, who, after examining a person, has reason to believe that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness may restrain or authorize the restraint of such person and apply for the hospitalization of such person for a 3-day period at a public facility or at a private facility authorized for such purposes by the department. If an examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to such examination, the physician, qualified psychologist, qualified advanced practice registered nurse, qualified physician assistant, or licensed independent clinical social worker on the basis of the facts and circumstances may determine that hospitalization is necessary and may therefore apply. In an emergency situation, if a physician, qualified psychologist, qualified advanced practice registered nurse, qualified physician assistant or licensed independent clinical social worker is not available, a police officer who believes that failure to hospitalize a person would create a likelihood of serious harm by reason of mental illness may restrain such person and apply for the hospitalization of such person for a 3-day period at a public facility or a private facility authorized for such purpose by the department. An application for hospitalization shall state the reasons for the restraint of such person and any other relevant information that may assist the admitting physician or qualified advanced practice registered nurse or qualified physician assistant. Whenever practicable, prior to transporting such person, the applicant shall telephone or otherwise communicate with a facility to describe the circumstances and known clinical history and to determine whether the facility is the proper facility to receive such person and to give notice of any restraint to be used and to determine whether such restraint is necessary.

(b) Only if the application for hospitalization under this section is made by a physician, a qualified advanced practice registered nurse or qualified physician assistant specifically designated to have the authority to admit to a facility in accordance with the regulations of the department, shall such person be admitted to the facility immediately after reception. If the application is made by someone other than a designated physician, a qualified advanced practice registered nurse, or a qualified physician assistant such person shall be given a psychiatric examination by a designated physician, a qualified advanced practice registered nurse or qualified physician assistant immediately after reception at such facility. If the physician, qualified advanced practice registered nurse, or qualified physician assistant determines that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness, the physician or qualified advanced practice registered nurse or qualified physician assistant may admit such person to the facility for care and treatment. Upon admission of a person under this subsection, the facility shall inform the person that it shall, upon such person's request, notify the committee for public counsel services of the name and location of the person admitted. The committee for public counsel services shall immediately appoint an attorney who shall meet with the person. If the appointed attorney determines that the person voluntarily and knowingly waives the right to be represented, is presently represented or will be represented by another attorney, the appointed attorney shall so notify the committee for public counsel services, which shall withdraw the appointment.

Any person admitted under this subsection who has reason to believe that such admission is the result of an abuse or misuse of this subsection may request or request through counsel an emergency hearing in the district court in whose jurisdiction the facility is located and unless a delay is requested by the person or through counsel, the district court shall hold such hearing on the day the request is filed with the court or not later than the next business day.

(c) No person shall be admitted to a facility under this section unless the person, or the person’s parent or legal guardian on the person’s behalf, is given an opportunity to apply for voluntary admission under paragraph (a) of section 10 and unless the person, or the person’s parent or legal guardian, has been informed that: (i) the person has a right to such voluntary admission; and (ii) the period of hospitalization under this section cannot exceed 3 days. At any time during such period of hospitalization, the superintendent may discharge such person if the superintendent determines that such person is not in need of care and treatment.

(d) A person shall be discharged at the end of the 3-day period unless the superintendent applies for a commitment under sections 7 and 8 or the person remains on a voluntary status.

(e) Any person may make an application to a district court justice or a justice of the juvenile court department for a 3-day commitment to a facility of a person with a mental illness if the failure to confine said person would cause a likelihood of serious harm. The court shall appoint counsel to represent said person. After hearing such evidence as the court may consider sufficient, a district court justice or a justice of the juvenile court department may issue a warrant for the apprehension and appearance before the court of the alleged person with a mental illness if in the court’s judgment the condition or conduct of such person makes such action necessary or proper. Following apprehension, the court shall have the person examined by a physician, a qualified advanced practice registered nurse or a qualified physician assistant designated to have the authority to admit to a facility or examined by a qualified psychologist in accordance with the regulations of the department. If the physician, qualified advanced practice registered nurse, qualified physician assistant or qualified psychologist reports that the failure to hospitalize the person would create a likelihood of serious harm by reason of mental illness, the court may order the person committed to a facility for a period not to exceed 3 days; provided, however, that the superintendent may discharge said person at any time within the 3-day period. The periods of time prescribed or allowed under this section shall be computed pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure.

SECTION XX. Said chapter 123 is hereby further amended by striking out section 21, as so appearing, and inserting in place thereof the following section:-

Section 21. Any person who transports a person with a mental illness to or from a facility for any purpose authorized under this chapter shall not use any restraint that is unnecessary for the safety of the person being transported or other persons likely to come in contact with the person.

In the case of persons being hospitalized under section 6, the applicant shall authorize practicable and safe means of transport including, where appropriate, departmental or police transport.

Restraint of a person with a mental illness may only be used in cases of emergency, such as the occurrence of, or serious threat of, extreme violence, personal injury or attempted suicide; provided, however, that written authorization for such restraint is given by the superintendent or director of the facility or by a physician, or by a qualified advanced practice registered nurse or qualified physician assistant designated by the superintendent or director for this purpose who is present at the time of the emergency or if the superintendent, director, designated physician, designated qualified advanced practice registered nurse or designated qualified physician assistant  is not present at the time of the emergency, non-chemical means of restraint may be used for a period of not more than 1 hour; provided further, that within 1 hour the person in restraint shall be examined by the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or designated qualified physician assistant,; and provided further, that if the examination has not occurred within 1 hour, the patient may be restrained for an additional period of not more than 1 hour until such examination is conducted and the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or designated qualified physician assistant shall attach to the restraint form a written report as to why the examination was not completed by the end of the first hour of restraint.

Any minor placed in restraint shall be examined within 15 minutes of the order for restraint by a physician, qualified advanced practice registered nurse, or qualified physician assistant, or, if a physician, qualified advanced practice registered nurse or qualified physician assistant is not available, by a registered nurse or a certified physician assistant; provided, however, that said minor shall be examined by a physician, qualified advanced practice registered nurse or qualified physician assistant within 1 hour of the order for restraint. A physician, qualified advanced practice registered nurse or qualified physician assistant, or, if a physician, qualified advanced practice registered nurse or qualified physician assistant are not available, a registered nurse or a certified physician assistant, shall review the restraint order by personal examination of the minor or consultation with ward staff attending the minor every hour thereafter.

No minor shall be secluded for more than 2 hours in any 24-hour period; provided, however, that no such seclusion of a minor may occur except in a facility with authority to use such seclusion after said facility has been inspected and specially certified by the department. The department shall issue regulations establishing procedures by which a facility may be specially certified with authority to seclude a minor. Such regulations shall provide for review and approval or disapproval by the commissioner of a biannual application by the facility, which shall include: (i) a comprehensive statement of the facility’s policies and procedures for the utilization and monitoring of restraint of minors including a statistical analysis of the facility’s actual use of such restraint; and (ii) a certification by the facility of its ability and intent to comply with all applicable statutes and regulations regarding physical space, staff training, staff authorization, record keeping, monitoring and other requirements for the use of restraints.

Any use of restraint on a minor exceeding 1 hour in any 24-hour period shall be reviewed within 2 working days by the director of the facility. The director shall forward a copy of the report on each such instance of restraint to the human rights committee of that facility and, if there is no human rights committee, to the appropriate body designated by the commissioner of mental health. The director shall also compile a record of every instance of restraint in the facility and shall forward a copy of said report on a monthly basis to the human rights committee or the body designated by the commissioner of mental health.

No order for restraint for an individual shall be valid for a period of more than 3 hours beyond which time it may be renewed upon personal examination by the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or qualified physician assistant or, for adults, by a registered nurse or a certified physician assistant; provided, however, that no adult shall be restrained for more than 6 hours beyond which time an order may be renewed only upon personal examination by a physician, qualified advanced practice registered nurse or qualified physician assistant. The reason for the original use of restraint, the reason for its continuation after each renewal and the reason for its cessation shall be noted upon the restraining form by the superintendent, director, designated physician, qualified physician assistant, or, when applicable, by the registered nurse, certified physician, qualified advanced practice registered nurse assistant at the time of each occurrence.

When a designated physician, qualified advanced practice registered nurse, or qualified physician assistant is not present at the time and site of the emergency, an order for chemical restraint may be issued by a designated physician, qualified advanced practice registered nurse, or qualified physician assistant who has determined, after telephone consultation with a physician, qualified advanced practice registered nurse, registered nurse, or qualified physician assistant, registered nurse or certified physician assistant who is present at the time and site of the emergency and who has personally examined the patient, that such chemical restraint is the least restrictive, most appropriate alternative available; provided, however, that the medication so ordered has been previously authorized as part of the individual’s current treatment plan.

No person shall be kept in restraint without a person in attendance specially trained to understand, assist and afford therapy to the person in restraint. The person may be in attendance immediately outside the room in full view of the patient when an individual is being secluded without mechanical restraint; provided, however, that in emergency situations when a person specially trained is not available, an adult may be kept in restraint unattended for a period not to exceed 2 hours. In that event, the person kept in restraints shall be observed at least every 5 minutes; provided, further, that the superintendent, director, designated physician, designated qualified advanced practice registered nurse or designated physician assistant shall attach to the restraint form a written report as to why the specially trained attendant was not available. The maintenance of any adult in restraint for more than 8 hours in any 24-hour period shall be authorized by the superintendent or director or the person specifically designated to act in the absence of the superintendent or director; provided, however, that when such restraint is authorized in the absence of the superintendent or director, such authorization shall be reviewed by the superintendent or director upon the return of the superintendent or director.

No “P.R.N.” or “as required” authorization of restraint may be written. No restraint is authorized except as specified in this section in any public or private facility for the care and treatment of mentally ill persons including Bridgewater state hospital.

Not later than 24 hours after the period of restraint, a copy of the restraint form shall be delivered to the person who was in restraint. A place shall be provided on the form or on attachments thereto for the person to comment on the circumstances leading to the use of restraint and on the manner of restraint used.

A copy of the restraint form and any such attachments shall become part of the chart of the patient. Copies of all restraint forms and attachments shall be sent to the commissioner of mental health, or, with respect to Bridgewater state hospital to the commissioner of correction, who shall review and sign them within 30 days and statistical records shall be kept thereof for each facility, including Bridgewater state hospital, and each designated physician, qualified advanced practice registered nurse or qualified physician assistant. Furthermore, such reports, excluding personally identifiable patient identification, shall be made available to the general public at the department’s central office, or, with respect to Bridgewater state hospital at the department of correction’s central office.

Responsibility and liability for the implementation of this section shall rest with the department, the superintendent or director of each facility or the physician, qualified advanced practice registered nurse or qualified physician assistant designated by such superintendent or director for this purpose.

SECTION XX. Said chapter 123 is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-

Section 22. Physicians, qualified advanced practice registered nurses,  qualified physician assistant, qualified psychologists, qualified psychiatric nurse mental health clinical specialists, police officers and licensed independent clinical social workers shall be immune from civil suits for damages for restraining, transporting, applying for the admission of or admitting any person to a facility or Bridgewater state hospital if the physician, qualified advanced practice registered nurse, or qualified physician assistant, qualified psychologist, qualified psychiatric nurse mental health clinical specialist, police officer or licensed independent clinical social workers acts in accordance with this chapter.


Budget Amendment ID: FY2023-S4-418

EHS 418

Healthy Incentives 12 Month Program

Ms. Gobi, Ms. Comerford, Mr. Velis, Ms. Chang-Diaz and Messrs. Keenan, Lesser, Brady and Collins moved that the proposed new text be amended in section 2, in item 4400-1004, by adding after the word "shall" as it first appears, the following:- "operate it as a year-round, 12-month program and,"


Budget Amendment ID: FY2023-S4-418-R1

Redraft EHS 418

Healthy Incentives 12 Month Program

Ms. Gobi, Ms. Comerford, Mr. Velis, Ms. Chang-Diaz, Messrs. Keenan, Lesser, Brady and Collins, Ms. Moran, Ms. Rausch, Messrs. Feeney and Hinds, Ms. Lovely, Messrs. Pacheco, Gomez, Montigny, Tarr and Timilty, Ms. Creem and Mr. Rush moved that the proposed new text be amended in section 2, in item 4400-1004, by inserting after the word “shall”, in line 3, the following words:- “operate the program as a year-round, 12-month program and”.


Budget Amendment ID: FY2023-S4-419

EHS 419

Contingency Management for Individuals with Substance Use Disorder

Messrs. Keenan, Moore, Gomez, Timilty and Cyr 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 $1,000,000 shall be expended for contingency management programs to support individuals with stimulant use disorder"; and by striking out the figure "$209,274,161" and inserting in place thereof the following figure:- "$210,274,161".


Budget Amendment ID: FY2023-S4-420

EHS 420

Prior Appropriations Continued for Recovery Centers

Messrs. Keenan 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 funds appropriated for this item in fiscal year 2022 for the purpose of funding recovery centers first funded in fiscal year 2021, for the purpose of outpatient and mobile services for deaf/hard of hearing and/or blind individuals with substance use disorders, shall not revert but shall be made available for this item for these purposes in fiscal year 2023”.


Budget Amendment ID: FY2023-S4-420-R1

Redraft EHS 420

Prior Appropriations Continued for Recovery Centers

Messrs. Keenan and O'Connor moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following words:- “, prior appropriation continued”.


Budget Amendment ID: FY2023-S4-421

EHS 421

Pappas Rehabilitation Hospital for Children

Messrs. Timilty, Feeney and O'Connor moved that the proposed new text be amended in section 2, in item 4590-0915, by inserting the following words:- “; provided further, that the Pappas Rehabilitation Hospital for Children shall maintain not less that 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 shall be expended for the Pappas Rehabilitation  Hospital for Children summer program"; and

by striking out the figure "$190,394,959" and inserting in place thereof the following :- "$190,694,959".


Budget Amendment ID: FY2023-S4-422

EHS 422

Detox transportation

Messrs. Tarr and Feeney moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting after the word "system;" the following words:- (iv) transportation to detoxification facilities".


Budget Amendment ID: FY2023-S4-423

EHS 423

Canton Veterans Memorial Park

Messrs. Timilty and Feeney moved that the proposed new text be amended in section 2, in item 1410-1616, by inserting the following words:- “; provided further, that not less than $153,000 shall be expended on improvements to the Canton Veterans Memorial Park”; and

by striking out the figure “$760,000” and inserting in place thereof the following:- “$913,000”.


Budget Amendment ID: FY2023-S4-424

EHS 424

Drug Story Theater

Messrs. O'Connor and Keenan moved that the proposed new text be amended in section 2, in item 4512-0200, by adding the following:- "provided further that $200,000 shall be expended to Drug Story Theater, Inc.;"


Budget Amendment ID: FY2023-S4-425

EHS 425

Formula grant per elder

Mr. Tarr moved that the proposed new text be amended in section 2, in item 9110-9002, by striking out "$12 per-elder" and inserting in place thereof the following:- "$13 per-elder"


Budget Amendment ID: FY2023-S4-425-R1

Redraft EHS 425

Formula grant per elder

Messrs. Tarr, Pacheco, O'Connor and Moore moved that the proposed new text be amended in section 2, in item 9110-9002, by striking out "$12 per-elder" and inserting in place thereof the following:- "$13 per-elder"; and by striking the figure, “$22,401,019” and inserting in place thereof the following:- “$24,267,770.58”.


Budget Amendment ID: FY2023-S4-426

EHS 426

Employment Services for Immigrants and Refugees

Messrs. DiDomenico, Eldridge, Keenan and Crighton, Ms. Lovely and Messrs. Gomez and Pacheco moved that the proposed new text be amended in section 2, in item 4401-1000, by striking out the figure “$1,250,000” and inserting in place thereof the following figure:- “2,500,000”; and by striking out the figure “$15,569,246” and inserting in place thereof the following figure:- “16,819,246”.


Budget Amendment ID: FY2023-S4-427

EHS 427

Randolph Community Programs Department

Messrs. Timilty and Brady moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following words:- “provided further, that not less than $100,000 shall be expended to the Randolph Community Programs Department in the town of Randolph for the hiring of a full-time community social worker"; and by striking out the figure "$6,135,000" and inserting in place thereof the following figure:- "$6,235,000".


Budget Amendment ID: FY2023-S4-431

EHS 431

Coordination between Department of Developmental Services and the Department of Mental Health

Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 5911-1003, by adding the following words at the end of the item:- "further, that the secretary shall, in consultation with the commissioner of the department of developmental services and the commissioner of the department of mental health, provide additional residential and day program options targeting high-functioning young adults in the joint management service system who demonstrate the ability to participate in more advanced levels of activity and interaction, and who have demonstrated a lack of engagement or a failure to thrive, whether expressed verbally or behaviorally, in traditional settings."


Budget Amendment ID: FY2023-S4-432-R1

Redraft EHS 432

Smoking Prevention and Cessation

Mr. Keenan, Ms. Chang-Diaz, Messrs. Moore, Tarr, Collins, O'Connor, Hinds and Cyr and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4513-1112, by striking out, in line 7, the figure "$5,628,625" and inserting in place thereof the following figure:- "$6,128,625"; and

in said section 2, in said item 4513-1112, by striking out the figure “$10,836,148” and inserting in place thereof the following figure:- “$11,336,148”.


Budget Amendment ID: FY2023-S4-432

EHS 432

Smoking Prevention and Cessation

Mr. Keenan, Ms. Chang-Diaz and Messrs. Moore, Tarr, Collins, O'Connor and Hinds moved that the proposed new text be amended in section 2, in item 4513-1112, by striking out the figure "$5,628,625" and inserting in place thereof the following figure:- "$6,118,793"; and by striking out the figure “$10,836,148” and inserting in place thereof the following figure:- “$11,326,316”.


Budget Amendment ID: FY2023-S4-433

EHS 433

Manet Community Health Center

Messrs. Keenan, O'Connor and Pacheco, Ms. Rausch and Messrs. Timilty and Feeney 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 $300,000 shall be expended for the planning and development of school-based health center programs at Manet Community Health Center, Inc. to invest in the advancement of school health and school-based co-location health clinics in partnership with local school districts and health staff to meet the medical, urgent/same day, health education, prevention and behavior health needs of students by improving access to care and services for all students and families particularly those with social, financial, cultural, linguistic and transportation barriers"; and by striking out the figure "$19,816,196" and inserting in place thereof the following figure:- "$20,116,196".


Budget Amendment ID: FY2023-S4-435

EHS 435

Reporting Requirement for Substance Addiction Services

Ms. Chang-Diaz and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting after the words “3A of chapter 23A of the General Laws fiscal year 2021” the following words:- “; provided further, that the department shall submit a report to the house and senate committees on ways and means and the clerks of the house of representatives and senate, not later than September 30, 2022, on the status of opening new recovery centers funded in fiscal year 2021 and 2022; provided further, the said report shall include, but not be limited to copies of the RFRs issued, any geographic distribution of the new recovery centers anticipated by the department, specific obstacles encountered by the department in effectuating use of the funds appropriated in FY 2021 and 2022 for this purpose, and actions taken by the department to overcome those obstacles”.


Budget Amendment ID: FY2023-S4-435-R1

Redraft EHS 435

Reporting Requirement for Substance Addiction Services

Ms. Chang-Diaz and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4512-0200, by inserting after the words “3A of chapter 23A of the General Laws” the following words:- “; provided further, that not later than September 30, 2022, the department shall submit a report to the house and senate committees on ways and means and the clerks of the senate and the house of representatives on the status of new recovery centers first funded in fiscal year 2021 and fiscal year 2022; provided further, that the report shall include, but not be limited to, the number of providers that applied to open such recovery centers and the number of successful applications; copies of procurement materials issued by the department including, but not limited to, requests for responses or proposals; the geographic distribution of the new recovery centers contemplated by the department, if any, and of successful applicants, if any, at the time of the report; a description of the obstacles encountered by the department in distributing funds first appropriated in fiscal year 2021 and fiscal year 2022 for this purpose and the actions taken by the department to overcome those obstacles”.


Budget Amendment ID: FY2023-S4-436

EHS 436

Volunteers of America of Massachusetts

Messrs. Keenan, Pacheco and O'Connor moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $150,000 be expended for Volunteers of America of Massachusetts to address co-occurring substance abuse and mental health disorders by expanding its outpatient integrated managed care model across the South Shore and South Coast regions”; and by striking out the figure "$125,000" and inserting in place thereof the following figure:- "$275,000".


Budget Amendment ID: FY2023-S4-438-R1

Redraft EHS 438

Veterans Memorial Cemeteries

Messrs. Velis, Pacheco and O'Connor moved that the proposed new text be amended in section 2, in item 1410-0018, by adding the following words:- “; provided, that the funds appropriated under this item shall not revert back to the General Fund but shall be made available for these purposes through June 30, 2024”.


Budget Amendment ID: FY2023-S4-438

EHS 438

Veterans Memorial Cemeteries

Messrs. Velis and Pacheco moved that the proposed new text be amended in section 2, in item 1410-0018, by adding at the end thereof the following:- “provided, that the funds appropriated under this item shall not revert but shall be made available for these purposes through June 30, 2024”.


Budget Amendment ID: FY2023-S4-439

EHS 439

Nonemergency Medical Transport Pilot Program

Mr. Velis moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting after the words “June 30, 2023” the following words:- "; provided further, that not less than $20,000 shall be expended for a voluntary nonemergency ambulance transportation regional pilot program to aggregate and coordinate ambulance service resources to more efficiently meet health facility demand"; and

by striking out the figure “$120,844,597” and inserting in place thereof the following figure:- "$120,864,597".


Budget Amendment ID: FY2023-S4-440

EHS 440

Massachusetts Alliance for Families

Messrs. Velis, Eldridge and Timilty, Ms. Gobi, Ms. Comerford, Mr. Gomez and Ms. Lovely moved that the proposed new text be amended in section 2, in item 4400-1000, by adding after the words "and item 4400-1100" the following words:- "; provided further, that not less than $50,000 shall be expended for the Massachusetts Alliance for Families"; and by striking the figure "$72,372,247" and inserting in place thereof the figure:- "$72,422,247 ".


Budget Amendment ID: FY2023-S4-442

EHS 442

ForsythKids Dental Program

Messrs. Crighton and O'Connor moved that the proposed new text be amended in section 2, in item 4513-1112, in line 12, by inserting after the words “grant funds” the following:-

“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 preventive dental care for children and adolescents” and by striking out the figure “$10,836,148” and inserting in place thereof the figure:- “$11,311,148”.


Budget Amendment ID: FY2023-S4-443

EHS 443

DCF Support and Stabilization Fund Increase

Messrs. Velis and Gomez, Ms. DiZoglio, Messrs. Moore and Eldridge, Ms. Chang-Diaz, Ms. Gobi, Messrs. Hinds, O'Connor, Pacheco and Timilty, Ms. Lovely, Ms. Comerford and Mr. Brady moved that the proposed new text be amended in section 2, in item 4800-0040, by striking out the figure “$72,757,132” and inserting in place thereof the following figure:- “$76,757,132”.


Budget Amendment ID: FY2023-S4-444

EHS 444

Roca Lynn High Risk Young Parents

Mr. Crighton moved that the proposed new text be amended in section 2, in item 4401-1000, by adding the following words:- "provided further, that not less than $250,000 shall be expended for Roca to provide services targeted at young parents in the city of Lynn who are experiencing acute trauma, multiple systems involvement, mental health concerns, domestic violence, or abuse; and to increase parenting and life skills, housing stability, and self-sufficiency, and to build cognitive and behavioral skills through intensive case management and wraparound supports”; and by striking out the figure "$15,569,246" and inserting in place thereof the following figure:- "$15,819,246".


Budget Amendment ID: FY2023-S4-444-R1

Redraft EHS 444

Roca Lynn High Risk Young Parents

Mr. Crighton moved that the proposed new text be amended in section 2, in item 4401-1000, by adding the following words:- “; provided further, that not less than $250,000 shall be expended to Roca, Inc. to provide services targeted to young parents in the city of Lynn who are experiencing acute trauma, multiple systems involvement, mental health concerns, domestic violence or abuse and to increase parenting and life skills, housing stability, self-sufficiency and cognitive and behavioral skills through intensive case management and wraparound supports”; and

in said section 2, in said item 4401-1000, by striking out the figure "$15,569,246" and inserting in place thereof the following figure:- "$15,819,246".


Budget Amendment ID: FY2023-S4-445

EHS 445

Pilot to Address Impacts of the Cliff Effect

Messrs. Lesser, Gomez and Eldridge, Ms. Comerford, Messrs. Brady and Velis, Ms. Gobi, Ms. Rausch, Mr. Hinds, Ms. Lovely and Messrs. Moore, O'Connor, Timilty and Fattman moved that the proposed new text be amended by adding after section X the following sections:-

“SECTION XX. WHEREAS, the Federal Reserve Bank of Boston awarded the City of Springfield a Working Cities Grant whose goal is to increase the number of individuals participating and persisting in the workforce;

WHEREAS, Springfield Region’s Working Cities Group is led by the Economic Development Council of Western Mass in partnership with a significant number of private employers, not-for-profit organizations, training organizations, municipal departments, and Community Based Organizations from across the Commonwealth;

WHEREAS, a study entitled, The Road to the Cliff Edge: Understanding Financial Gaps in Public Assistance Programs Available to Massachusetts Families, Center for Social Policy, August 2017, Marija Bingulac, Caitlin Carey, Susan Crandall. The study details the cliff effects that refer to the drop in public supports that occur when a benefit recipient’s earnings increase. The net effect is overall income and benefits decline or remain stagnant, resulting in little or no incentive to work as financially a person/family benefits more by staying on public assistance than working for low wages;

WHEREAS a Conference entitled Reframing Benefits Cliffs: Solutions for an Inclusive Recovery, Federal Reserve Bank of Atlanta, October 15, 2020, states that the issue of benefits cliffs has long been recognized as a barrier to economic mobility for lower-income families. However, solutions to the benefits cliff are no longer being viewed in isolation, but rather as part of an overall approach to support workers on the path to economic self-sufficiency.

WHEREAS research Reducing the Cliff Effect to Support Working Families, Roxane White, Morgridge Family Foundation Innovator in Residence, Ascend at the Aspen Institute, Brittany Birken, Ph.D., Chief Executive Officer, Florida Children’s Council, Erin Moriarty-Siler, Director of Communications, the Bell Policy Center, April 23, 2018, states the rationale for reducing the cliff effect is simple: It helps families become more economically self-sufficient. Employees who are able to experience economic security for their children when accepting raises, working additional hours or advancing in their careers have a greater likelihood of work retention. By working together, businesses and government can create work-based pathways for economic stability, reduce government dependency, improve child and family outcomes, and support economic development.

WHEREAS, other States, including Maine, Minnesota, Colorado and Connecticut have developed pilot and or tiered benefit programs to bridge the cliff effects that occur as an individual/ family moves from public assistance to a livable wage; and

WHEREAS, it is the desire of the Commonwealth to create a Pilot Program to mitigate the cliff effect for low-income individuals/families who are receiving public assistance and to do so in partnership with the Working Cities Group and to increase participation and persistence in the workforce;

SECTION XX. Chapter 18 of the general laws, as so appearing in the 2018 official edition, is hereby amended by inserting, after section 39, the following section:-

Section 40. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Base”, the dollar value of all benefits and after-tax earnings that a participant is receiving at the time that the participant enters the Pilot Program and becomes fully employed with a minimum of 37.5 hours per week.

“Cliff Effect”, the effect that occurs when a family or individual begins to earn above the income eligibility limits set by the state and becomes ineligible for subsidies on food, housing, child care, and other benefits.

“Economic Development Council”, the Economic Development Council of Western Massachusetts.

“Department”, the Department of Transitional Assistance.

“Participant”, a family or individual.

“Pilot Program”, a pilot program that modifies the Massachusetts earned income tax credit, established in section 6 of chapter 62 of the General Laws to mitigate the Cliff Effect for low-income families or individuals that are working and receiving any form of public assistance, including but not limited to cash assistance, Supplemental Nutrition Assistance Program benefits, child care benefits, transportation assistance, and housing assistance or voucher.

“Working Cities Group”, private sector employers, not-for-profit organizations, training organizations, municipal departments, and community based organizations.

(b) There shall be established a Pilot Program to mitigate Cliff Effects for 100 participants from across the Commonwealth who have been receiving public benefits for less than 12 consecutive months at the time of application into the pilot program. Participants in the pilot program must be eligible for the Work Opportunity Tax Credit.

(c) The Economic Development Council and Working Cities Group, in collaboration with the department, shall develop and oversee the pilot program. The Economic Development Council , in coordination with the department, shall assign department case managers to oversee and assist families or individuals who apply or are already receiving public assistance in order to maximize their benefits and plan for the gradual lessening of benefits as their employment income increases. The Working Cities Group shall leverage existing resources to provide coaching and mentoring, financial wellness, Cliff Effect planning training, and other services as needed to achieve the goals of the program.

(d) The Economic Development Council in partnership with the department shall collaborate with all appropriate state agencies, departments, and secretariats of the commonwealth in developing the pilot program.

(e) The pilot program shall run for three years beginning in concurrence with the start of the first fiscal year after passage unless extended by an act of the legislature.

(f) The goal of the pilot program is to conduct a full test of this model that facilitates, encourages, and supports participants to enter, reenter, and remain in the workforce.

(g)(1) A family or individual may be eligible to participate in the pilot program once in a 5 year period for three 3 consecutive years. For the duration that a family or individual participates in the pilot program, the pilot program shall continue to pay an amount not less than the base for each participant.

(2) The department shall determine the base amount.

(3) In the first, second and third year that a participant is in the pilot program, he or she shall be allowed to keep all earned income and shall be awarded an adjustment to the earned income tax credit, whose dollar value allows the participant to continue to earn an amount that is not less than the base. If the participant successfully transitions off of public assistance during or at the end of the pilot program, then the participant shall continue to receive counseling services, technical support services and be monitored for data collection purposes.

(4) If the department determines that a participant has successfully moved into the workforce during or at the end of the pilot program, the commonwealth shall award a match equal to 20 percent of the base, not to exceed an amount of $10,000.

(h)(1) For the duration of the pilot program, the department shall coordinate with the Economic Development Council to provide 2 intensive case managers that are assigned to the pilot program with the primary responsibility of overseeing the progress of the participants.

(2) The Economic Development Council, the department and the intensive case managers shall utilize shared resources of the Working Cities Group employer partners, staff members, mentors and volunteers in order to maximize the effectiveness of the pilot program.

(i) In partnership with the Economic Development Council and the department, a third party evaluator will be retained to provide the legislature with an annual report on the program’s efficiency and impact on or before December 31, 2022. The report shall include but not be limited to the number of participants; the number of participants who entered the workforce; the amount of yearly income each participant earned; the hourly wage rate of each participant including a record of all salary increases over each year; the dollar amount of all monies that incurred to the state in years one, two and three; and all records of participants entering or exiting the workforce including reasons for exiting. The department shall file the report with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities.

SECTION XX. This act shall begin each fiscal year beginning on July 1, 2022, and shall take effect upon enactment.”


Budget Amendment ID: FY2023-S4-446-R1

Redraft EHS 446

Agawam Veterans Cemetery Funding

Mr. Velis moved that the proposed new text be amended in section 2, in item 1410-0018, by striking out the figure "$690,000", each time it appears, and inserting in place thereof the following figure:- "$760,000".


Budget Amendment ID: FY2023-S4-446

EHS 446

Agawam Veterans Cemetery Funding

Mr. Velis moved that the proposed new text be amended in section 2, in item 1410-0018, by striking out the figure "$690,000" and inserting in place thereof the following figure:- "$760,000".


Budget Amendment ID: FY2023-S4-447

EHS 447

Parkinson's Disease Data Collection

Messrs. O'Connor, Tarr, Cronin and Cyr moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting the following words:- “provided further, that $500,000 shall be expended for the purpose of implementing sections 243 and 243A of Chapter 111 of the General Laws;”; and

in said section 2, in said item 4510-0100, by striking out the figure “$22,188,252” and inserting in place thereof the following figure:- “$22,688,252”; and

by adding the following section:-

“SECTION XX. Chapter 111 of the General Laws is hereby amended by adding the following section:-

'Section 243A. Parkinson’s Disease Data Collection

The department shall, subject to appropriation, record certain cases of Parkinson’s disease that occur in residents of the commonwealth, and such information concerning these cases as it shall deem necessary and appropriate in order to conduct epidemiologic surveys of Parkinson’s disease and to apply appropriate preventive and control measures.

The commissioner shall require the reporting of certain cases of Parkinson’s disease and the submission of such specified additional information on reported cases or control populations as he deems necessary and appropriate for the recognition, prevention, or control of said disease.

The department shall, subject to appropriation, maintain comprehensive records of all reports submitted pursuant to this section. Such reports shall be confidential in accordance with section seventy and shall be released by the department only upon written request of the patient, their guardian, executor, attorney, or other person designated in writing by said patient. Such reports and records or information contained therein, may also be released by the department to persons authorized by the commissioner to conduct research studies or to other persons, but no such studies shall identify the subjects of said reports or records.

Nothing in this section shall be construed to compel any individual to submit to medical or department examination or supervision.

The department shall make such rules and regulations as are necessary to implement the provisions of this section pursuant to chapter thirty A.'."


Budget Amendment ID: FY2023-S4-448

EHS 448

Protecting the Health Safety Net

Mr. Velis, Ms. Gobi, Ms. Lovely and Messrs. Moore, Montigny and Pacheco moved that the proposed new text be amended in Section 69 by striking the words “may transfer up to $15,000,000” and inserting in place thereof the following words:- “shall transfer $30,000,000”.


Budget Amendment ID: FY2023-S4-449

EHS 449

Baystate Nobel and Opioid Treatment

Messrs. Velis and Lesser moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following proviso:- "; provided further, that not less than $100,000 shall be expended to Baystate Noble Hospital for a grant program to prevent and treat addiction to opioid and related substances"


Budget Amendment ID: FY2023-S4-449-R1

Redraft EHS 449

Baystate Nobel and Opioid Treatment

Messrs. Velis and Lesser moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following proviso:- “; provided further, that not less than $75,000 shall be expended to Baystate Noble Hospital in the city of Westfield for a grant program to prevent and treat addiction to opioids and related substances” ; and by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$200,000”.


Budget Amendment ID: FY2023-S4-450-R1

Redraft EHS 450

Bridge Club of Greater Lowell

Messrs. Kennedy and Finegold moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the Bridge Club of Greater Lowell in the city of Lowell to support the multi-cultural recovery coach program"; and

in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$150,000”.


Budget Amendment ID: FY2023-S4-450

EHS 450

Bridge Club of Greater Lowell

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words "; provided further that not less than $25,000 shall be expended for the Bridge Club of Greater Lowell to support the multi-cultural recovery coach program" ; and by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$150,000”.

 


Budget Amendment ID: FY2023-S4-451-R1

Redraft EHS 451

Acre Family Child Care

Mr. Kennedy, Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 3000-1000, by adding the following words:- “; provided further, that not less than $60,000 shall be expended to Acre Family Child Care in the city of Lowell”; and

in said section 2, in said item 3000-1000, by striking out the figure “$6,591,537” and inserting in place thereof the following figure:- “$6,651,537”.


Budget Amendment ID: FY2023-S4-451

EHS 451

Acre Family Child Care

Mr. Kennedy, Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 7004-0107, by adding the following words:- “; provided further, that $50,000 shall be expended to Acre Family Child Care in the city of Lowell for the renovation of a permanent office and training center ”; and by striking out the figure “$155,000” and inserting in place thereof the following figure:- “$205,000”.


Budget Amendment ID: FY2023-S4-452

EHS 452

Medical Equipment Reuse Program

Mr. Brady, Ms. DiZoglio, Mr. Eldridge, Ms. Comerford, Ms. Chandler and Messrs. Moore, Velis and Pacheco moved that the proposed new text be amended in section 2, in item 4120-4000, by striking out the figure "$1,920,000'' and inserting in place thereof the following figure;- ''$2,420.000 '' and by striking out the figure "$12,980,158'' and inserting in place thereof the following figure:- ''$13,480,158''.


Budget Amendment ID: FY2023-S4-452-R1

Redraft EHS 452

Medical Equipment Reuse Program

Mr. Brady, Ms. DiZoglio, Mr. Eldridge, Ms. Comerford, Ms. Chandler, Messrs. Moore, Velis, Pacheco, Timilty and Cronin, Ms. Gobi, Mr. Finegold, Ms. Rausch and Messrs. Feeney, Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 4120-4000, by adding the following words:- “; and provided further, that not less than $500,000 shall be expended for the Requipment Durable Medical Equipment (DME) and Assistive Technology (AT) Reuse Program” and in said section 2, in said item 4120-4000, by striking out the figure "$12,980,158'' and inserting in place thereof the following figure:- ''$13,480,158''.


Budget Amendment ID: FY2023-S4-454-R1

Redraft EHS 454

MCB's Community Services Program

Ms. Creem, Ms. DiZoglio, Messrs. Eldridge, Velis, Moore, Brady, Keenan, Feeney and Timilty, Ms. Moran, Ms. Gobi, Ms. Rausch, Ms. Lovely and Messrs. Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 4110-1000, by adding the following words:- "; provided further, that not less than $1,000,000 shall be expended by the commission to maximize the independent living skills of legally blind residents of the commonwealth through rehabilitation and the provision of accessible devices, assistive software and equipment and supportive technology training and services by qualified nonprofit providers in community, residential, virtual and facility-based settings, not less than $450,000 of which shall be made available for the Carroll Center for the Blind, Inc. and not less than $250,000 of which shall be made available for the Massachusetts Association for the Blind and Visually Impaired"; and

in said section 2, in said item 4110-1000, by striking out the figure "$6,802,660" and inserting in place thereof the following figure:- "$7,802,660".


Budget Amendment ID: FY2023-S4-454

EHS 454

MCB's Community Services Program

Ms. Creem, Ms. DiZoglio, Messrs. Eldridge, Velis, Moore, Brady, Keenan, Feeney and Timilty, Ms. Moran, Ms. Gobi, Ms. Rausch, Ms. Lovely and Messrs. Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 4110-1000, by adding the following words:- "and provided further, that not less than $1,000,000 shall be expended by the Massachusetts commission for the blind to maximize the independent living skills of legally blind commonwealth residents through rehabilitation, housing assistance services, mental health services, and the provision without income qualification of accessible devices, assistive software and equipment, and technology training and supportive services by qualified non-profit providers in community, residential, virtual and facility-based settings, including not less than $450,000 for the Carrol Center for the Blind and not less than $250,000 for the Massachusetts Association for the Blind and Visually Impaired"; and by striking out the figure "6,802,660" and inserting in place thereof the following figure:- "$8,652,660".


Budget Amendment ID: FY2023-S4-455

EHS 455

Mental Health Services for Immigrants and Refugees

Ms. Creem, Messrs. Velis, Eldridge, Keenan and Pacheco, Ms. Comerford, Ms. Rausch, Ms. Lovely and Messrs. Gomez and Cyr moved that the proposed new text be amended in section 2, in item 5046-0000, by adding the following words:- "; provided further, that not less than $300,000 shall be expended for the International Institute of New England, Inc. for culturally and linguistically appropriate mental health services for immigrants and refugees"; and by striking out the figure “$514,301,841” and inserting in place thereof the following figure:- “$514,601,841”.


Budget Amendment ID: FY2023-S4-456

EHS 456

Massachusetts Coalition to Prevent Gun Violence

Ms. Creem, Ms. Rausch and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4000-0005, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the Massachusetts Coalition to Prevent Gun Violence for the operation of comprehensive educational programming on gun violence and gun violence prevention in the state of Massachusetts" and by striking out the figure “$12,600,000 ” and inserting in place thereof the following figure:- “$12,650,000 ”.


Budget Amendment ID: FY2023-S4-456-R1

Redraft EHS 456

Massachusetts Coalition to Prevent Gun Violence

Ms. Creem, Ms. Rausch and Messrs. O'Connor and Cyr moved that the proposed new text be amended in section 2, in item 4000-0005, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the Massachusetts Coalition to Prevent Gun Violence, Inc. for the operation of comprehensive educational programming on gun violence and gun violence prevention in the commonwealth"; and

by striking out the figure “$12,600,000” and inserting in place thereof the following figure:- “$12,650,000”.


Budget Amendment ID: FY2023-S4-457

EHS 457

Betsy Lehman Center

Ms. Creem moved that the proposed new text be amended in section 2, in item 4100-0060, by striking out the words “not more than $2,100,000 of this appropriation may” and inserting in place thereof the following words:- “not less than $2,500,000 of this appropriation shall”.


Budget Amendment ID: FY2023-S4-458-R1

Redraft EHS 458

Fetal opioid drug exposure and addiction

Messrs. Tarr and Cyr moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. The department of developmental services, in collaboration with the department of public health and the department of mental health, shall conduct a study on the occurrence and impact of neonatal abstinence syndrome in the commonwealth. The study shall include, but not be limited to: (i) a review of current protocols, policies and programs related to neonatal abstinence syndrome; (ii) an analysis of the impact of neonatal abstinence syndrome, including, but not limited to, an evaluation of disproportionately impacted populations; (iii) a review of scientific evidence and data related to diagnosis and treatment of neonatal abstinence syndrome; and (iv) an examination of the need for support services for children diagnosed with neonatal abstinence syndrome.

Not later than July 1, 2023, the department shall submit a report of its findings and any recommendations to the clerks of the senate and house of representatives, the joint committee on children, families and persons with disabilities and the joint committee on public health.”.


Budget Amendment ID: FY2023-S4-458

EHS 458

Fetal opioid drug exposure and addiction

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 commissioner of the department of developmental services shall include fetal opioid drug exposure and addiction under the definition of Closely Related Developmental Conditions as defined under 115 CMR  2 and 115 CMR 6.06(1).

SECTION _. The commissioner of the department of development services shall at their discretion include additional diagnosis as part of the definition of closely related developmental condition."


Budget Amendment ID: FY2023-S4-460

EHS 460

Composition of the Victim and Witness Assistance Board

Messrs. Gomez and Eldridge and Ms. Gobi moved that the proposed new text be amended by adding the following sections:-

“SECTION X. Section 4 of chapter 258B, as appearing in the 2020 Official Edition, is hereby amended by striking the first paragraph in its entirety and inserting in place thereof the following paragraph:-

There is hereby established a victim and witness assistance board, to consist of seven members who shall serve without compensation. Notwithstanding any provision of section 6 of chapter 268A to the contrary, the board shall consist of: the attorney general or their designee who shall be chair, two district attorneys who shall be appointed by the governor, and four members of the public, of whom three shall be victims including at least one representing an underserved community. Members of the public shall be appointed by the governor, and victim members shall be appointed from a list of eligible nominations provided by the executive director of the Massachusetts Office of Victim Assistance. Members of the board shall be selected from diverse ethnic, racial, religious, age, sexual orientation, gender identity, socio-economic, and geographical backgrounds from throughout the commonwealth. All members shall serve for a term of three years and until their successor is duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the board shall be eligible for reappointment.

SECTION XX. As used in Section 1 the following words shall, unless the context states otherwise, have the following meanings:-

'Underserved Community' shall include, but not be limited to, a community disproportionately impacted by high rates of violence and crime and populations underserved due to racial and ethnic identity.

'Members of the public' shall not include any current local, state, or federal elected official.

SECTION XXX. Said Section 4 of chapter 258B, as so appearing, is hereby further amended by striking the word 'four' in the second paragraph and inserting in place thereof the word 'six'.”


Budget Amendment ID: FY2023-S4-460-R1

Redraft EHS 460

Composition of the Victim and Witness Assistance Board

Messrs. Gomez and Eldridge and Ms. Gobi moved that the proposed new text be amended by inserting after section 46 the following 2 sections:-

“SECTION 46A. Section 4 of chapter 258B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There is hereby established a victim and witness assistance board consisting of 7 members who shall serve without compensation. Notwithstanding section 6 of chapter 268A to the contrary, the board shall consist of: the attorney general or a designee, who shall serve as chair; 2 district attorneys appointed by the governor; and 4 members of the public appointed by the governor, 3 of whom shall be victims of crime and 1 of whom shall represent a community disproportionately impacted by high rates of violence and crime or a population underserved due to racial or ethnic identity; provided, however, that the 3 members who are victims of crime shall be selected from a list of not less than 5 nominations provided by the executive director of the Massachusetts office of victim assistance; and provided further, that for the purposes of this paragraph, “members of the public” shall not include any current local, state or federal elected officials. Members of the board shall be selected from diverse ethnicities, races, religions, ages, sexual orientations, gender identities, socio-economic statuses and geographical backgrounds and from throughout the commonwealth. All members shall serve for a term of 3 years and until their successor is duly appointed and qualified; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term. Members of the board shall be eligible for reappointment.

SECTION 46B. Said section 4 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 21, the word “four” and inserting in place thereof the following figure:- "6."


Budget Amendment ID: FY2023-S4-461

EHS 461

Transition Age Youth Services

Mr. Gomez, Ms. Chang-Diaz and Mr. O'Connor moved that the proposed new text be amended by adding the following section:-

“Section X. Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall, not later than December 15, 2022, report to the house and senate committees on ways and means, and the joint committee on children, families, and persons with disabilities, the number of young adults as defined in section 21 of chapter 119, who are continuing to receive services from the department of children and families as set forth in subsection (f) of section 23 of chapter 119, by each area office of the department, and the total cost thereof, and recommend if such services should be funded through a separate and unique line item beginning in Fiscal Year 2024.”


Budget Amendment ID: FY2023-S4-461-R1

Redraft EHS 461

Transition Age Youth Services

Mr. Gomez, Ms. Chang-Diaz and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4800-0015, by adding the following words:- “; provided further, that not later than December 15, 2022, the department shall submit a report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities that shall include, but not be limited to: (i) the number of young adults as defined in section 21 of said chapter 119 who are continuing to receive services from the department of children and families as set forth in subsection (f) of section 23 of said chapter 119, by each area office of the department; (ii) the total cost of such services; and (iii) recommendations on whether such services should be funded through a separate and unique line item beginning in fiscal year 2024”.


Budget Amendment ID: FY2023-S4-462-R1

Redraft EHS 462

Youth Aging Out of Foster Care

Mr. Gomez, Ms. Gobi, Ms. Chang-Diaz, Ms. Rausch and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4800-0015, by inserting after the word “services”, in line 151, the following words:- “, young adults receiving services as defined in section 21 of said chapter 119, who continue to receive services as set forth in subsection (f) of section 23 of said chapter 119”.


Budget Amendment ID: FY2023-S4-462

EHS 462

Youth Aging Out of Foster Care

Mr. Gomez, Ms. Gobi, Ms. Chang-Diaz, Ms. Rausch and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4800-0015, by inserting after the word “requested” the following new words:- “including services for young adults as defined in section 21 of chapter 119, who continue to receive services, as set forth in subsection (f) of section 23 of chapter 119, the total number of persons, and the total cost of services provided to such young adults.”


Budget Amendment ID: FY2023-S4-466

EHS 466

Chapter 257 Rate Reserve Increase

Messrs. Gomez and Velis, Ms. DiZoglio, Ms. Comerford, Ms. Chang-Diaz, Mr. Cronin, Ms. Lovely and Messrs. Cyr, Kennedy and Keenan moved that the proposed new text be amended in section 2, in item 1599-6903, by striking out the item and insert in place thereof:- “1599-6903…For the fiscal year 2022 costs of rate implementations under chapter 257 of the acts of 2008 including, but not limited to, costs associated with any court order or settlement between providers and the commonwealth related to the rate implementation process and the compensation or salary and associated employee-related costs to personnel earning less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs; provided, that home care workers shall be eligible for funding from this item; provided further, that workers from shelters and programs that serve homeless individuals and families that were previously contracted through the department of transitional assistance and the department of public health who are currently contracted with the department of housing and community development and direct care workers that serve homeless veterans through the department of veterans' services shall be eligible for funding from this item; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for early education and care services or programs for which payment rates are negotiated and paid as class rates as established by the executive office of health and human services; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D of this act; provided further, that the secretary of administration and finance may transfer from this item to other items for fiscal year 2022, amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose of rate implementations; provided further, that the executive office for administration and finance shall report quarterly to the house and senate committees on ways and means on transfers made from this item; provided further, that the report shall identify, by line item and service class, all transfers made from this item as of the date of the report and all transfers expected to be made before the end of the fiscal year; provided further, that not later than January 13, 2023, the executive office of health and human services shall submit a report to the house and senate committees on ways and means and the executive office for administration and finance on the implementation of rates under said chapter 257 of the acts of 2008, including: (a) state gross and net costs for rates not yet promulgated as of July 2, 2022, by department, line item, service class and start date of implementation; (b) state gross and net costs for rates promulgated not later than June 30, 2022, that have received a biennial rate review or have not received a biennial rate review by department, line item, service class and start date of implementation; (c) state gross and net costs for rates due to be reviewed on July 2, 2022 by department, line item, service class and start date of implementation; (d) state gross and net costs for rates to be reviewed between July 2, 2022 and June 19, 2023, inclusive by department, line item, service class and start date of implementation; and (e) payroll spending in fiscal year 2015 and fiscal year 2022 aggregated by vendor and by service class; provided further, that contracts between providers and the departments within the executive office of health and human services and the executive office of elder affairs shall require providers to report on the impact of the rate implementations on employee salaries, employee-related costs and operations; provided further, that not later than January 13, 2023, departments and private providers receiving funding from this item shall report to the executive office of health and human services on implemented and proposed initiatives that increase the hourly wages and compensation of the direct care human service workforce; provided further, that this report shall include, but not be limited to: (i) aggregated provider employee payroll data of the preceding two state fiscal years and the current fiscal year from the date of new rate implementations, as validated with information from the uniform financial report or a method determined by the office; (ii) median salary and compensation information of the preceding two state fiscal years and the current fiscal year from the date of new rate implementations classified by direct care and front-line staff, medical and clinical staff, and management and executive staff, as validated with information from the uniform financial report or a method determined by the office; and (iii) the average employee vacancy rates of direct care and front-line staff of the preceding two state fiscal years and the current fiscal year from the date of new rate implementations; provided further, that not later than March 3, 2023, the executive office health and human services shall report to the house and senate committees on ways and means a comparison of the median salary for each classification of staff position with the 75th percentile wage estimate for that position as determined by the Bureau of Labor Statistics for Massachusetts in the most recent available data; and provided further, that not later than December 30, 2022, the executive office of health and human services shall report to the house and senate committees on ways and means the methodology used to develop service rates for home health aides, personal care aides and homemakers..........................................................$581,600,000”


Budget Amendment ID: FY2023-S4-470

EHS 470

School-Based Behavioral Health Technical Assistance Center

Ms. Creem, Messrs. Collins and Timilty, Ms. Gobi and Messrs. Gomez, O'Connor, Hinds and Tarr 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 $150,000 shall be expended for the Massachusetts Association for Mental Health, Inc. and the BIRCh Center to continue collaborating on the establishment of a school-based behavioral health technical assistance center”; and by striking out the figure "$111,998,936” and inserting in place thereof the figures "112,148,936."


Budget Amendment ID: FY2023-S4-471

EHS 471

Regional EMS

Messrs. Tarr, Eldridge, Cronin, Moore and Velis moved that the proposed new text be amended in section 2, in item 4510-0790, by striking the figure:-"$500,000" and inserting in place thereof the following:-"$1,000,000".


Budget Amendment ID: FY2023-S4-472

EHS 472

Caregivers

Messrs. Tarr, Pacheco, Brady, Velis, Timilty, O'Connor and Moore moved that the proposed new text be amended by inserting after section _ the following:-

"SECTION _. Notwithstanding any general or special law to the contrary, the Secretary of Health and Human Services in conjunction with the Secretary of Elder Affairs shall file an application to seek a waiver with the Center for Medicaid and Medicare Services (CMS) to amend the Commonwealth of Massachusetts’ 1915(c) elderly waiver, and that any program of home and community based services in which family members are permitted to serve as paid caregivers, funded pursuant to Section 9 of Chapter 118E shall include spouses within the definition of a family member."


Budget Amendment ID: FY2023-S4-473

EHS 473

Regional EMS

Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0790, by striking the figure:-"$500,000" and inserting in place thereof the following:-"$1,000,000".


Budget Amendment ID: FY2023-S4-474

EHS 474

Infant Care Neccessities

Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting at the end thereof the following:- "; provided further that the Department of Public Health shall make a request for approval from the United States Department of Agriculture for the expenditure of benefits on diapers for children and infants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)."


Budget Amendment ID: FY2023-S4-475

EHS 475

Housing and Supportive Services for Unaccompanied Youth

Ms. Chang-Diaz, Messrs. Moore, Lesser and Keenan, Ms. Comerford, Ms. Gobi, Ms. Rausch, Mr. Hinds, Ms. Lovely, Messrs. Gomez and O'Connor, Ms. Edwards, Messrs. Timilty and Montigny and Ms. Chandler moved that the proposed new text be amended in section 2, in item 4000-0007, by striking the figure “$8,500,000” and inserting in place thereof the following:- “$10,000,000"


Budget Amendment ID: FY2023-S4-475-R1

Redraft EHS 475

Housing and Supportive Services for Unaccompanied Youth

Ms. Chang-Diaz, Messrs. Moore, Lesser and Keenan, Ms. Comerford, Ms. Gobi, Ms. Rausch, Mr. Hinds, Ms. Lovely, Messrs. Gomez and O'Connor, Ms. Edwards, Messrs. Timilty and Montigny, Ms. Chandler and Mr. Feeney moved that the proposed new text be amended in section 2, in item 4000-0007, by striking out the figure “$8,500,000” and inserting in place thereof the following figure:- “$9,500,000".


Budget Amendment ID: FY2023-S4-476-R1

Redraft EHS 476

Open Door Food Pantry

Mr. Tarr moved that the proposed new text be amended in section 2, in item 2511-0107, by adding the following words:- "; provided further, that not less than $100,000 shall be expended for the Open Door food pantry to serve communities in the North Shore region of the commonwealth"; and

by striking out the figure "$115,000" and inserting in place thereof the following figure:- "$215,000"


Budget Amendment ID: FY2023-S4-476

EHS 476

Open Door Food Pantry

Mr. Tarr moved that the proposed new text be amended in section 2, in item 2511-0105, by inserting at the end thereof the following-: "; provided further that $100,000 shall be expended for the Open Door food pantry to serve the north shore communities." and by striking the figure "$30,500,000" and replacing it with the following "$30,600,000"


Budget Amendment ID: FY2023-S4-477

EHS 477

SNAP Path to Work Transportation Benefits

Mr. DiDomenico and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4403-2008, by striking out the words “For transportation benefits for supplemental nutrition assistance program recipients who are participating in the SNAP work program” and inserting in place thereof the following words;- “For participant support payments to pay for or reimburse supplemental nutrition assistance program applicants and recipients for expenses that are reasonably necessary and directly related to participation in the SNAP Path to Work program”.


Budget Amendment ID: FY2023-S4-478

EHS 478

Equitable Pathways to Breast Cancer Care

Ms. Lovely and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting at the end of thereof the following:- “; provided further that not less than $150,000 be expended to the Ellie Fund to expand its Equitable Pathways to Breast Cancer Care initiative to Salem and Peabody”; and by striking out the figure “$22,188,252” and by inserting in place thereof the following figure:- “$22,338,252”.


Budget Amendment ID: FY2023-S4-479

EHS 479

ED Boarding Innovation Fund

Ms. Lovely, Messrs. Tarr, Keenan, Collins and Timilty, Ms. Gobi and Messrs. Gomez, O'Connor and Hinds moved that the proposed new text be amended in section 2, in item 4513-2020, by inserting at the end of thereof the following:- "; provided further that not less than $10,000,000 shall be expended for grants administered by the executive office of health and human services to support behavioral health workforce, programs, and pilot initiatives necessary to expand upon and maintain behavioral health acute care beds and intensive community based treatment alternatives in order to enable individuals to be diverted from hospitals or those boarding in hospitals to be discharged, including but not limited to inpatient services, community based acute treatment, crisis stabilization services, pediatric and adult respite, hospital diversion programs, and virtual or in-person partial hospitalization capacity through rate incentives in the commonwealth; provided further that priority shall be given to grants that support children and adolescent behavioral health; provided further that funds shall be inclusive of workforce recruitment and training, and other funds necessary to expand acute behavioral health support with the goal of reducing boarding in emergency departments; provided further that funds may be expended for investments including but not limited to crisis stabilization services for children and adults who are boarding, telehealth devices, specialized training for clinical and ancillary staff including in community crisis intervention and de-escalation techniques, and for capital and operational funds for acute care hospitals to develop and maintain needed services for psychiatric patients while in emergency departments or medical-surgical units in order to receive inpatient psychiatric services, including but not limited to investments in surge space and group therapy spaces in emergency department and medical-surgical settings”; and by striking the figure "$12,533,530" and inserting in place thereof the following figure:-"$22,533,530".


Budget Amendment ID: FY2023-S4-480-R1

Redraft EHS 480

The NAN Project

Ms. Lovely, Ms. DiZoglio, Messrs. Velis and Eldridge, Ms. Gobi, Messrs. Tarr, Crighton and Keenan, Ms. Rausch and Messrs. Gomez, O'Connor, Timilty, Cyr and Montigny 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 $350,000 shall be expended for The NAN Project to provide mental health awareness and suicide prevention programming in schools and communities;” and

in said section 2, in said item 5042-5000, by striking out the figure “$111,998,936” and inserting in place thereof the following figure:- “$112,348,936”.


Budget Amendment ID: FY2023-S4-480

EHS 480

The NAN Project

Ms. Lovely, Ms. DiZoglio, Messrs. Velis and Eldridge, Ms. Gobi, Messrs. Tarr, Crighton and Keenan, Ms. Rausch and Mr. Gomez moved that the proposed new text be amended in section 2, in item 5042-5000, by inserting at the end thereof the following: “; provided further, that not less than $350,000 shall be expended for The NAN Project to provide mental health awareness and suicide prevention programming in schools and communities; and by striking out the figure “$111,998,936” and inserting in place thereof the following figure:- “$112,198,936”.


Budget Amendment ID: FY2023-S4-481

EHS 481

Ensuring Resources for Psychiatric Patients While They  Board in Acute Care Settings

Ms. Lovely, Messrs. Collins and Timilty, Ms. Gobi, Ms. Chang-Diaz, Ms. Rausch and Messrs. Gomez, O'Connor and Hinds moved that the proposed new text be amended by inserting after section XX the following sections:-

SECTION XX. Section 22 of chapter 32A of the general laws is hereby amended by inserting after paragraph (g) the following new paragraph:-

(g ½) The commission’s health benefit plans shall be required to reimburse an acute care hospital for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor, to be contracted between the insurer and acute care hospital, for each day the insured is waiting in an acute care hospital for admission for behavioral health treatment.  The contractual rate required to board and care for the patient may be no less than the facility’s contracted inpatient psychiatric rate with the insurer if the facility has an inpatient psychiatric unit.  If the facility does not have an inpatient psychiatric unit, the contractual rate required to board and care for the patient shall be no less than the prevailing MassHealth inpatient psychiatric per diem rate.  If a plan reimburses for behavioral health patients boarding in an observation unit or if a behavioral health patient is considered in observation status, reimbursement cannot be limited to 48 hours and must be continued until the patient can be safely discharged home or to an appropriate facility.  This does not preclude a hospital from billing for other medically necessary services. The insurer shall reimburse medically necessary services in addition to payment for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor. Any qualified behavioral health worker employed by or contracted with the hospital, community behavioral health center, community-based behavioral health provider, or affiliate providing behavioral health services and supports to a patient while the insured is boarding in  any acute care hospital service areas while they are waiting for an inpatient or other behavioral health admission shall be reimbursed for those behavioral health services including diagnostic and treatment services by the insurer at the negotiated rate, including services that are delivered via telemedicine, electronic or telephonic consultation. Behavioral health services provided in this setting under this section shall be deemed medically necessary and shall not require prior authorization by an insurer.

SECTION XX. Chapter 118E of the General Laws is hereby amended by inserting after Section 10Q the following new section:-

Section 10R.  The division and its contracted health insurers, health plans, health maintenance  organizations, behavioral health management firms and third-party administrators under contract  to a Medicaid managed care organization or primary care clinician plan shall be required to reimburse an acute care hospital for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor, for each day the member is waiting in an acute care hospital for admission for behavioral health treatment. The contractual rate required to board and care for the patient may be no less than the facility’s contracted inpatient psychiatric rate with the division or 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 payer if the facility has an inpatient psychiatric unit.  If the facility does not have an inpatient psychiatric unit, the contractual rate required to board and care for the patient shall be no less than the prevailing MassHealth inpatient psychiatric per diem rate.

This does not preclude a hospital from billing for other medically necessary services. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall reimburse medically necessary services in addition to payment for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor. Any qualified behavioral health worker employed by or contracted with the hospital, community behavioral health center, community-based behavioral health provider, or affiliate providing behavioral health services and supports to a member while the member is boarding in  any acute care hospital service areas while they are waiting for an inpatient or other behavioral health admission shall be reimbursed for those behavioral health services including diagnostic and treatment services by the insurer at the negotiated rate, including services that are delivered via telemedicine, electronic or telephonic consultation. Behavioral health services provided in this setting under this section shall be deemed medically necessary and shall not require prior authorization by the division or 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.

SECTION XX.  Chapter 176O of the General Laws is hereby amended by inserting after section 5C the followings new section:-

Section 5D. A carrier shall be required to reimburse an acute care hospital for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor, to be contracted between the insurer and acute care hospital, for each day the insured is waiting in an acute care hospital for admission for behavioral health treatment.  The contractual rate required to board and care for the patient may be no less than the facility’s contracted inpatient psychiatric rate with the carrier if the facility has an inpatient psychiatric unit.  If the facility does not have an inpatient psychiatric unit, the contractual rate required to board and care for the patient shall be no less than the prevailing MassHealth inpatient psychiatric per diem rate.  If a plan reimburses for behavioral health patients boarding in an observation unit or if a behavioral health patient is considered in observation status, reimbursement cannot be limited to 48 hours and must be continued until the patient can be safely discharged home or to an appropriate facility.  This does not preclude a hospital from billing for other medically necessary services. The carrier shall reimburse medically necessary services in addition to payment for health care services required to board and care for a behavioral health patient in the emergency department, observation unit, or inpatient floor. Any qualified behavioral health worker employed by or contracted with the hospital, community behavioral health center, community-based behavioral health provider, or affiliate providing behavioral health services and supports to an insured while the insured is boarding in any acute care hospital service areas while they are waiting for an inpatient or other behavioral health admission shall be reimbursed for those behavioral health services including diagnostic and treatment services by the insurer at the negotiated rate, including services that are delivered via telemedicine, electronic or telephonic consultation. Behavioral health services provided in this setting under this section shall be deemed medically necessary and shall not require prior authorization by an insurer.

With respect to an insured enrolled in a health benefit plan under which the carrier or utilization review organization only provides administrative services, the obligations of a carrier or utilization review organization created by this section and related to payment shall be limited to recommending to the third party payor that coverage should be authorized.

The division shall promulgate regulations to implement this section.


Budget Amendment ID: FY2023-S4-482

EHS 482

Northeast Arc Center for Linking Lives

Ms. Lovely and Mr. Tarr moved that the proposed new text be amended in section 2, in item 7008-1116, by inserting at the end thereof the following:- “; provided further, that not less than $250,000 shall be expended for Northeast Arc Center for Linking lives, provided, however, that said funds shall be matched by funds not allocated by a state entity”; and in said item by striking “$235,000” and by inserting in place thereof the following figure:- “$485,000”.


Budget Amendment ID: FY2023-S4-483-R1

Redraft EHS 483

YMCA Youth-at-Risk Matching Grants

Ms. Lovely and Messrs. Eldridge, Brady, Keenan, Velis and O'Connor moved that the proposed new text be amended in section 2, in item 4590-1507, by striking the figure “$1,800,000” and inserting in place thereof the following figure:- “$3,200,000”.


Budget Amendment ID: FY2023-S4-483

EHS 483

YMCA Youth-at-Risk Matching Grants

Ms. Lovely, Mr. Eldridge and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the figure “$1,400,000” and inserting in place thereof the following figure:- “$3,200,000”.


Budget Amendment ID: FY2023-S4-484

EHS 484

North Shore Community Health

Ms. Lovely moved that the proposed new text be amended in section 2, in item 4510-0110, by inserting at the end thereof the following:- “; provided further that not less than $5,000,000 shall be expended for building costs for the North Shore Community Health to support the capital project of building a new Salem Family Health facility which will significantly enhance and improve the care that is given to patients in Salem and the Greater North Shore region”; and by striking out the figure "3,110,599" and inserting in place thereof the following figure:- "8,110,599".


Budget Amendment ID: FY2023-S4-485

EHS 485

MassHealth Doula Reimbursement

Ms. Lovely, Ms. Chang-Diaz, Ms. Rausch and Messrs. Hinds and O'Connor moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting at the end of thereof the following:- “; provided further that not less than $1,000,000 be expended to create doula workforce development programs in furtherance of coverage of doula services by MassHealth and with the goal of eliminating the financial barriers for participating doulas, including but not limited to doula trainings, recruitment, and the development of required doula competencies”; and by striking the figure “$120,844,597” and by inserting in place thereof the following figure:- “$121,844,597”.


Budget Amendment ID: FY2023-S4-486

EHS 486

PPD Pilot Program

Ms. Lovely, Ms. Rausch, Ms. Gobi and Messrs. O'Connor and Tarr moved that the proposed new text be amended in section 2, in item 4510-0112, by striking the figure "300,000" and inserting in place thereof the following figure:- "360,000".


Budget Amendment ID: FY2023-S4-487

EHS 487

MCPAP PSI Collaborative

Ms. Lovely, Ms. Rausch and Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 5042-5000, by inserting at the end thereof the following:- “; provided further that not less than $150,000 be expended to the Massachusetts Child Psychiatry Access Project for Moms statewide to support their PSI collaborative and improve the sustainability, data-collection, and quality of services to Massachusetts families and providers"; and by striking the figure “$111,998,936” and inserting in place thereof the following figure:- “$112,148,936”.


Budget Amendment ID: FY2023-S4-488

EHS 488

MCPAP and MCPAP for Moms

Ms. Lovely, Ms. Rausch, Mr. Moore, Ms. Chang-Diaz, Ms. Jehlen, Messrs. Tarr, Keenan, Collins and Timilty, Ms. Gobi and Messrs. Eldridge, Gomez, O'Connor and Hinds moved that the proposed new text be amended in section 2, in item 5042-5000, by striking out the figures "$3,875,000" and inserting in place thereof the figures "$4,375,000"; and by striking out the figures "$675,000" and inserting in place thereof the figures "975,000"; and by striking the figure "$111,998,936" and by inserting in place thereof the following figure "$112,498,936."


Budget Amendment ID: FY2023-S4-489

EHS 489

Postpartum Care Centers

Ms. Lovely, Ms. Rausch, Ms. Gobi and Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 4510-0112, by inserting at the end thereof the following:- "; provided further that not less than $190,548 shall be expended for the establishment of the Mother is Supreme postpartum care center pilot program in the Roxbury, Mattapan, or Dorchester neighborhoods in the city of Boston and a service delivery application to provide wrap-around support services for postpartum parents"; and in said item by striking the figure "$300,000" and inserting in place thereof the figure:- "$490,548".


Budget Amendment ID: FY2023-S4-490

EHS 490

MassHealth Long-Term Supports and Services Funding

Ms. Lovely, Ms. DiZoglio, Mr. Cronin, Ms. Jehlen, Messrs. Moore, Keenan, Collins and Timilty, Ms. Moran, Ms. Gobi, Ms. Rausch, Messrs. Velis, Hinds, Gomez, O'Connor and Brady and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4000-0601, by inserting at the end thereof the following:- “; provided further that the rates effective for Adult foster care within MassHealth and MassHealth managed care entities on June 30, 2022 including the additional 10% shall continue and provided further that 90% of said 10% increase shall be directed toward staff related costs and caregiver payments.” b. “and provided further that the rates effective for day habilitation services within MassHealth and MassHealth managed care entities on June 30, 2022 including the additional 10% shall continue, and provided further that 90% of said 10% increase shall be directed toward staff related costs and caregiver payments, provided further that those enhancements will continue until utilization of said program achieves 90%.”


Budget Amendment ID: FY2023-S4-491-R1

Redraft EHS 491

Pediatric Palliative Care

Mr. DiDomenico, Ms. Gobi, Ms. Chang-Diaz, Messrs. Keenan and Moore, Ms. Jehlen, Ms. DiZoglio, Mr. Velis, Ms. Moran, Mr. Eldridge, Ms. Rausch, Messrs. Hinds and Gomez, Ms. Lovely, Messrs. Timilty, Montigny and O'Connor and Ms. Creem moved that the proposed new text be amended in section 2, in item 4590-1503, by striking out, in lines 6-9, the following words:- “funds shall be expended for the pediatric palliative care program established in section 24K of chapter 111 of the General Laws, universal newborn hearing screening and perinatal-neonatal quality improvement” and inserting in place thereof the following words:- “not less than $8,715,965 shall be expended for the pediatric palliative care program established in section 24K of chapter 111 of the General Laws; provided further, that not withstanding section 24K of chapter 111 of the General Laws, children less than 22 years of age shall be eligible for this program; and provided further, that funds shall be expended for universal newborn hearing screening and perinatal-neonatal quality improvement”; and 

in said section 2, in said line 4590-1503, by striking out the figure “$8,308,558” and inserting in place thereof the following figure:- "9,308,558".


Budget Amendment ID: FY2023-S4-491

EHS 491

Pediatric Palliative Care

Mr. DiDomenico, Ms. Gobi, Ms. Chang-Diaz, Messrs. Keenan and Moore, Ms. Jehlen, Ms. DiZoglio, Mr. Velis, Ms. Moran, Mr. Eldridge, Ms. Rausch, Messrs. Hinds and Gomez, Ms. Lovely and Messrs. Timilty, Montigny and O'Connor moved that the proposed new text be amended in section 2, in item 4590-1503, by striking out, in line 6, the word “funds” and inserting in place thereof the following words:- “not less than $9,715,965”; and by adding, in line 8 after the word "Laws" and inserting in place thereof the following words:- “and not withstanding section 24K of chapter 111 of the General Laws, children less than twenty-two years of age shall be eligible for this program”; and by striking out the figure “$8,308,558” and inserting in place thereof the following figure:- "10,30$8,558".


Budget Amendment ID: FY2023-S4-492

EHS 492

Mentoring Youth

Mr. Crighton, Ms. DiZoglio and Messrs. Moore, Feeney, Gomez, O'Connor and Timilty moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting after the word “space” the following:-  ; and provided further that not less than $200,000 shall be expended for the Big Brothers Big Sisters of Massachusetts Bay Mentor 2.0 program” and by striking out the figure $6,135,000” and inserting in place thereof the following figure:- “6,335,000”


Budget Amendment ID: FY2023-S4-493

EHS 493

Waltham Partnership for Youth

Mr. Barrett moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the Waltham Partnership for Youth, Inc. in the city of Waltham”; and in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$200,000”.


Budget Amendment ID: FY2023-S4-494

EHS 494

Fragile Beginnings & Project NESST

Messrs. Barrett and O'Connor 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 $200,000 shall be expended for the Fragile Beginnings program; provided further, that not less than $300,000 shall be expended for Project Newborns Exposed to Substances: Support and Therapy”; and by striking out the figure “$317,979,978” and inserting in the place thereof the following figure:- "318,479,978".

 


Budget Amendment ID: FY2023-S4-494-R1

Redraft EHS 494

Fragile Beginnings & Project NESST

Messrs. Barrett and O'Connor 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 $200,000 shall be expended for the Oliver, Ian, and Serenity Wolk Fragile Beginnings program; provided further, that not less than $300,000 shall be expended for Project Newborns Exposed to Substances: Support and Therapy”; and

by striking out the figure “$317,979,978” and inserting in place thereof the following figure:- "$318,479,978".


Budget Amendment ID: FY2023-S4-495

EHS 495

Detention Diversion Advocacy Program

Messrs. Barrett, Eldridge and Hinds and Ms. Creem 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 $600,000 for the detention diversion advocacy program coordinated by the Robert F. Kennedy Children’s Action Corps, Inc. to prevent high-risk juveniles presenting before the court from penetrating further into the juvenile justice system”; and by striking out the figure “$28,933,937” and inserting in place thereof the following figure:- “29,533,937”.


Budget Amendment ID: FY2023-S4-497

EHS 497

Cannabis Center of Excellence

Ms. Edwards and Messrs. Cyr and O'Connor moved that the proposed new text be amended in section 2, in item 4510-0100, in the final line, by inserting after “111-152” the following: “; provided further, that not less than $250,000 shall be expended to the Cannabis Center of Excellence to further local social, public health and clinical outcomes research through a program for cannabis research studies, including a data repository, a clinical research and expert group and education”.


Budget Amendment ID: FY2023-S4-498

EHS 498

Racial Impact Statements for DCF Risk Assessment Tools

Ms. Chang-Diaz, Mr. Eldridge, Ms. Comerford, Ms. Rausch, Ms. Lovely, Mr. Gomez and Ms. Edwards moved that the proposed new text be amended in section 2, in item 4800-0015, by inserting after the words “response policy” the following words:- “; provided further that not less than 30 days prior to contracting for, developing, implementing, or using any risk assessment or structured decision management tool to assess child safety and risk at any stage of the child welfare process including but not limited to the intake, investigation or reunification stages, the department shall undertake a detailed evaluation of the racial impact of using such tool; provided further, the evaluation shall include whether the tool is likely to have a disproportionate or unique impact on racial and ethnic minorities in the commonwealth; provided further that a written report containing the methodology, data, and findings from such evaluation shall be sent to the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the clerks of the senate and house of representatives, and shall be posted on the department’s website”


Budget Amendment ID: FY2023-S4-498-R1

Redraft EHS 498

Racial Impact Statements for DCF Risk Assessment Tools

Ms. Chang-Diaz, Mr. Eldridge, Ms. Comerford, Ms. Rausch, Ms. Lovely, Mr. Gomez and Ms. Edwards moved that the proposed new text be amended in section 2, in item 4800-0015, by adding the following words:- “; provided further, that not less than 30 days prior to contracting for, developing, implementing or using any risk assessment or structured decision management tool to assess child safety and risk at any stage of the child welfare process including, but not limited to, the intake, investigation or reunification stages, the department shall provide an assessment of the racial impact of using such tool; provided further, that the evaluation shall include whether the risk assessment or structured decision management tool is likely to have a disproportionate or unique impact on racial and ethnic minorities in the commonwealth; provided further, that a report containing the methodology, data and findings from such evaluation shall be submitted to the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the clerks of the senate and house of representatives and shall be posted on the department’s website”.


Budget Amendment ID: FY2023-S4-499

EHS 499

Mentoring Youth

Ms. Edwards, Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following words:- "; and provided further that not less than $200,000 shall be expended for the Big Brothers Big Sisters of Massachusetts Bay Mentor 2.0 program"; and by striking out the figure "$6,050,000” and inserting in place thereof the following figure:- "$6,250,000"


Budget Amendment ID: FY2023-S4-500

EHS 500

CASA, Winthrop

Ms. Edwards moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $20,000 shall be expended for Community Against Substance Abuse, CASA, in the town of Winthrop"; and by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$145,000”.


Budget Amendment ID: FY2023-S4-500-R1

Redraft EHS 500

CASA, Winthrop

Ms. Edwards moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:-

“; provided further, that not less than $30,000 shall be expended for Community Against Substance Abuse, Inc. (CASA) in the town of Winthrop"; and

in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$155,000”.


Budget Amendment ID: FY2023-S4-501

EHS 501

EAEDC Asset Limit

Messrs. Moore, Pacheco and Montigny moved that the proposed new text be amended in section 29, by inserting after the figure “$2,000”, in line 6, the following words:- “; and provided further, that the equity value of 1 vehicle shall not be considered a countable asset”.


Budget Amendment ID: FY2023-S4-502-R1

Redraft EHS 502

Addressing Utilization and Unserved Families

Messrs. Moore and Cronin, Ms. Jehlen, Messrs. Keenan, Collins and Timilty, Ms. Moran, Ms. Gobi, Mr. Hinds, Ms. Lovely and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 5911-1003, by inserting after the figure “5920-3000”, in line 9, the following words:- “; provided further, that the department shall assist MassHealth in amending federal reimbursement agreements to maximize revenue and effectively serve adults in the least restrictive setting”.


Budget Amendment ID: FY2023-S4-502

EHS 502

Addressing Utilization and Unserved Families

Messrs. Moore and Cronin, Ms. Jehlen, Messrs. Keenan, Collins and Timilty, Ms. Moran and Ms. Gobi moved that the proposed new text be amended in section 2, in item 5911-1003, by inserting after the words “transfer funds between items 5920-2025, 5920-2000, 5911-2000 and 5920-3000”, in line 9, the following words:- “; and provided further, that the department of developmental services will revise regulations to allow flexible use of funding for support including goods and services by individuals not receiving adequate congregate day services including payment to responsible parties; and provided further, that the department will assist MassHealth in amending federal reimbursement agreements to maximize revenue and effectively serve adults in the least restrictive setting”.


Budget Amendment ID: FY2023-S4-504

EHS 504

Lynn CHC Recuperative Care Center

Mr. Crighton moved that the proposed new text be amended in section 2, in item 4510-0110, by adding the following words:- "; provided further, that not less than $150,000 shall be expended for the Lynn Community Health Center for the operation of the Recuperative Care Center"; and by striking out the figure “$3,110,599" and inserting in place thereof the following figure:- "$3,260,599".


Budget Amendment ID: FY2023-S4-505

EHS 505

Massachusetts Children's Alliance

Mr. Cyr moved that the proposed new text be amended in section 2, in item 4510-0811, by striking the figure "$950,000" and inserting in place thereof the following figure:- "$1,050,000"; and by striking out the figure "$3,000,000" and inserting in place thereof the following figure:- "$3,100,000".


Budget Amendment ID: FY2023-S4-507

EHS 507

Health Care For All Helpline

Mr. Cyr, Ms. Rausch, Mr. Keenan, Ms. DiZoglio, Mr. Brady, Ms. Comerford, Messrs. Timilty and Feeney, Ms. Lovely and Messrs. Moore, Gomez, Montigny and Pacheco moved that the proposed new text be amended in section 2, in item 4000-0300, by inserting the following:- "provided further, that not less than $300,000 shall be expended for Health Care For All, Inc. for its free statewide non-profit consumer assistance helpline in order to provide health coverage eligibility, enrollment and navigation assistance and to operate an online support platform for enrollment assistance across the state.’; and by striking out the figure “$120,844,597” and inserting in place thereof the following figure:- “$121,144,597”.


Budget Amendment ID: FY2023-S4-509

EHS 509

Community Care Cooperative

Mr. Cyr, Ms. Comerford and Mr. Velis moved that the proposed new text be amended in section 2, in item 4000-0500, by inserting the following:- "provided further, that not less than $10,000,000 shall be expended for Community Care Cooperative, a 501(c)(3) MassHealth Accountable Care Organization solely governed by Federally Qualified Health Centers to assist with the start-up of their efforts with shared services that enhance access and quality of care, administrative efficiency, reduce health disparities and promote health care cost containment; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years."; and by striking out the figure "$5,530,060,744" and inserting in place thereof the following figure:- "5,540,060,744".


Budget Amendment ID: FY2023-S4-511

EHS 511

Boston High-Risk Young Mothers

Ms. Edwards moved that the proposed new text be amended in section 2, in item 4401-1000, by adding the following words:- "provided further, that not less than $250,000 shall be expended for Roca to provide services targeted at young parents in the city of Boston who are experiencing acute trauma, multiple systems involvement, mental health concerns, domestic violence, or abuse; and to increase parenting and life skills, housing stability, and self-sufficiency, and to build cognitive and behavioral skills through intensive case management and wraparound supports”; and by striking out the figure "$15,569,246" and inserting in place thereof the following figure:- "$15,819,246".


Budget Amendment ID: FY2023-S4-511-R1

Redraft EHS 511

Boston High-Risk Young Mothers

Ms. Edwards moved that the proposed new text be amended in section 2, in item 4401-1000, by adding the following words:- “; provided further, that not less than $250,000 shall be expended to Roca, Inc. to provide services targeted to young parents in the city of Boston who are experiencing acute trauma, multiple systems involvement, mental health concerns, domestic violence or abuse and to increase parenting and life skills, housing stability, self-sufficiency and cognitive and behavioral skills through intensive case management and wraparound supports”; and

in said section 2, in said item 4401-1000, by striking out the figure "$15,569,246" and inserting in place thereof the following figure:- "$15,819,246".


Budget Amendment ID: FY2023-S4-512

EHS 512

Community Health Centers

Ms. Edwards, Messrs. Keenan and Lesser, Ms. Comerford, Messrs. Brady and Collins, Ms. DiZoglio, Messrs. Moore and Finegold, Ms. Rausch, Ms. Lovely and Messrs. Gomez, Timilty, Crighton and Pacheco moved that the proposed new text be amended in section 2, in item 4510-0110, by striking out the figure “$3,110,599 ” and inserting in place thereof the following figure: “8,110,599”.


Budget Amendment ID: FY2023-S4-513

EHS 513

Educational Outreach to Address the Rising Rates of Post Pandemic Sexual Health

Ms. Edwards moved that the proposed new text be amended in section 2, by adding the following:-

"XXXX-XXXX The Department of Health shall make available no less than $300,000 to Alosa Health to fund the operation of an educational outreach program (academic detailing) designed to provide information to physicians and other health care professionals, authorized to prescribe and dispense medications, that shall focus on providing evidence-based information regarding the rates, risks and preventions strategies of sexually transmitted infections (Chlamydia, Syphilis and Gonorrhea) and effective medication treatments for patients and their partners in Suffolk County."


Budget Amendment ID: FY2023-S4-514

EHS 514

NASW Therapy Matcher

Ms. Edwards, Ms. DiZoglio, Mr. Eldridge, Ms. Comerford, Mr. Timilty, Ms. Lovely and Mr. Cyr moved that the proposed new text be amended in section 2, in item 5046-0000, by adding the following:- “; provided further, that not less than $50,000 shall be expended on a grant to the Massachusetts Chapter of the National Association of Social Workers, Inc., for the purpose of providing assistance in connecting consumers to licensed clinical social workers through the Therapy Matcher program;” and by striking out the figure “$514,301,841” and inserting in place thereof the following figure:- “$514,351,841”.


Budget Amendment ID: FY2023-S4-515

EHS 515

MAMA- Network of Care

Ms. Edwards, Ms. DiZoglio, Mr. Moore, Ms. Gobi, Messrs. Eldridge and Finegold, Ms. Rausch, Ms. Lovely and Messrs. Gomez, Cyr and O'Connor moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following words:-“; provided further, that $550,000 shall be expended for the Massachusetts Association for Mental Health for the purpose of managing the Network of Care, as the singular place where all mental health, substance use, and related social services programs and organizations are curated into a state-wide online, searchable tool”; and by striking out the figure “$120,844,597” and inserting in place thereof the figure:- “$121,394,597”.


Budget Amendment ID: FY2023-S4-516

EHS 516

Boston Med Flight

Messrs. Cyr and O'Connor 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 $150,000 shall be expended for the critical care operations of New England Life Flight, Inc.."; and by striking the figure "$120,844,597" and inserting in place thereof the following figure:- "$120,994,597".


Budget Amendment ID: FY2023-S4-517

EHS 517

Worker Voice in Nursing Homes

Messrs. Cyr, Eldridge, Cronin and Feeney, Ms. DiZoglio, Ms. Jehlen, Messrs. Brady and Pacheco, Ms. Gobi, Mr. Hinds, Ms. Lovely, Messrs. Moore, Montigny and O'Connor and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 4000-0641, by inserting after the words “in consultation with the Massachusetts Senior Care Association” wherever they appear the following words:- “and 1199SEIU”.


Budget Amendment ID: FY2023-S4-519

EHS 519

Determination of Need Retained Revenue

Mr. Cyr and Ms. Comerford moved that the proposed new text be amended in section 2, in item 4516-1039, by striking out the figure “$414,215”, each time it appears, and inserting in place thereof, in each instance, the following figure:- “$750,000”.


Budget Amendment ID: FY2023-S4-520

EHS 520

Livestock Slaughtering Pilot Program

Messrs. Cyr and Tarr moved that the proposed new text be amended in section 2, in item 4510-0600, by adding the following words:- "; provided further, that not less than $150,000 shall be expended to establish a pilot program within the food protection program to provide livestock slaughtering and processing options to geographically isolated and rural communities to allow for the commercial sale of the product of such operations to be sold within the Commonwealth.".


Budget Amendment ID: FY2023-S4-520-R1

Redraft EHS 520

Livestock Slaughtering Pilot Program

Messrs. Cyr, Tarr, Feeney and Hinds and Ms. Gobi moved that the proposed new text be amended in section 2, in item 4510-0600, by adding the following words:- "; provided further, that not less than $150,000 shall be expended to establish a pilot program within the food protection program to provide livestock slaughtering and processing options to geographically isolated and rural communities to allow for the commercial sale of the product of such slaughtering and processing to be sold within the commonwealth"; and

in said section 2, in said item 4510-0600, by striking out the figure “$5,998,591” and inserting in place thereof the following figure:- “$6,148,591”.


Budget Amendment ID: FY2023-S4-522

EHS 522

West Springfield Veterans Council

Messrs. Velis and Gomez moved that the proposed new text be amended in section 2, in item 1410-0010, by adding the following:- "; provided further, that no less than $15,000 shall be expended for the West Springfield Veterans Council;".


Budget Amendment ID: FY2023-S4-523

EHS 523

Scout Councils

Mr. Velis moved that the proposed new text be amended in section 2, in item 7010-1192, by adding the following:- "; provided further, that no less than $500,000 shall be expended to the six scout councils to ensure inclusiveness and diversity;".


Budget Amendment ID: FY2023-S4-524

EHS 524

Housing Stabilization Services

Mr. Keenan, Ms. Comerford, Mr. Brady, Ms. Gobi, Ms. Rausch and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 7004-3036, by adding the following words:- “; provided further, that not less than $1,500,000 shall be expended for housing stabilization services for certain households served with residential assistance payments under item 7004-9316 or emergency rental assistance under the department of housing and community development’s 2019 novel coronavirus eviction diversion initiative that face significant barriers to sustaining housing payments"; and by striking out the figure “$8,200,000” and inserting in place thereof the following figure:- “$9,700,000".


Budget Amendment ID: FY2023-S4-525-R1

Redraft EHS 525

Citizenship for New Americans Program

Mr. Eldridge, Ms. Chang-Diaz, Messrs. Moore, Keenan and Tarr, Ms. Rausch and Ms. Chandler moved that the proposed new text be amended in section 2, in item 4003-0122, by striking out the figure "$1,033,019" and inserting in place thereof the following figure:- "$1,533,019".


Budget Amendment ID: FY2023-S4-525

EHS 525

Citizenship for New Americans Program

Mr. Eldridge, Ms. Chang-Diaz, Messrs. Moore, Keenan and Tarr and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4003-0122, by striking out the figure "$1,033,019" and inserting in place thereof the following figure:- "$2,100,000".


Budget Amendment ID: FY2023-S4-526

EHS 526

Increased Pay for Direct Care, Front-line Workers

Ms. Edwards, Messrs. O'Connor and Pacheco, Ms. DiZoglio, Ms. Lovely and Mr. Brady moved that the proposed new text be amended in section 2, in item 1599-6903, by striking out the figure “75 per cent” and inserting in place thereof the following figure:- "80 per cent".


Budget Amendment ID: FY2023-S4-527

EHS 527

Alternatives for Community Emergency Services (ACES)

Ms. Chang-Diaz, Ms. Comerford, Ms. Rausch, Mr. Eldridge, Ms. Lovely and Mr. Gomez moved that the proposed new text be amended by inserting after section ___ the following section: -

“SECTION ___.  Chapter 6A of the General Laws shall be amended by inserting the following new section:-

Section 16CC. The Executive Office of Health and Human Services shall establish and provide administrative oversight to the Alternatives for Community Emergency Services Grant Program (A.C.E.S.) to increase the availability of non-law-enforcement, unarmed community-based response options for calls to 911.

Said grant program shall –

(i) make competitive grants to eligible applicants to develop local systems for protecting the mental and physical well-being of residents, preventing violence, de-escalating volatile situations, ensuring access to human services, and reducing government use of force, in emergency and non-emergency situations that do not necessitate the presence of law enforcement personnel, or, where appropriate, the person requesting help requests a response from an alternative to law enforcement and;

(ii) produce timely evaluation of grant performance to clarify and assess the outcomes and costs of funded programs, and any trends across service models provided through the grant program overall; provided further that outcomes assessed shall include, though need not be limited to, mental, physical, and behavioral health outcomes, impact on reduced demand for law enforcement response to 911 calls, and rate of successfully connecting residents with human services for which they present a need.

Grant making criteria and decisions shall be made by a board of community-based stakeholders, one of whom shall be the executive director of the Massachusetts Chapter of the National Association of Social Workers or a designee, one of whom shall be the secretary of the Department of Mental Health or a designee, one of whom shall be the director of Greater Boston Association of Black Social Workers or a designee, one of whom shall be the director of the Massachusetts Peer Support Network or a designee, one of whom shall be the director of the Western Massachusetts Learning Community or designee, one of whom shall be a consumer of services of the Louis D. Brown Peace Institute, one of whom shall be a consumer of services of the Massachusetts Office of Addiction and Recovery, and one of whom shall be the director of Jane Doe Inc. or a designee.

SECTION 2. To be eligible to receive a grant under this act, an entity shall be a partnership of—

1.(a) a unit of local government, or its contractor or tribal organization, acting through an entity that is independent of any law enforcement agency; and (b) a covered community-based organization. The term Community-Based Organization shall mean — A  nonprofit community-based organization, a consortium of nonprofit community-based organizations, or a national nonprofit organization acting as an intermediary for a community-based organization.

2. if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization local to the community.

SECTION 3. To be eligible to receive a grant under this Act for a project, a partnership shall submit an application, to the Executive Office of Health and Human Services  at such time, in such manner, and containing such information as the Executive Office of Health and Human Services may require, including—

(1) information that specifies in detail—

(A) the covered populations that the partnership will target for services under this Act;

(B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations.

(C) how the grant funds will be used;

(D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services;

(E) how the partnership will implement or develop evidence informed best practices in carrying out the project, including references to applicable research; and

(F) the partnership’s plan for gathering regular feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and

(2) a memorandum of understanding that—

(A) identifies each partner, including each agency of the unit of local government or tribal organization, as applicable, involved, and is signed by a representative of each partner in the partnership carrying out the project; and

(B) outlines—

(i) the partnership’s engagement with the community, including members of the covered population, and the role the engagement played in developing the project;

(ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency, if involved in a backup role;

(iii) the responsibilities of partners, emergency dispatch operators, and dispatchers in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders;

(iv) the responsibilities of information and referral systems for essential community services, accessed in most localities by dialing 211, and the National Suicide Prevention Hotline for participating in efficiently routing direct callers to services;

(v) the responsibilities of each partner with respect to data collection and evaluation;

(vi) as of the date of submission of the application, how each partner’s existing  vision, theory of change, theory of action, and activities align with those of the grant program set forth in this Act;

(vii) how the eligible partners’ governing boards or advisory boards, and emergency responders, are representative of the community to be served;

(viii) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership’s decision making;

(ix) how the partnership anticipates that the project involved will decrease the presence of local law enforcement in situations not warranting an emergency response;

(x) any State or local laws that may be an impediment to implementation of the project; and

(xi) any other information the Executive Office of Health and Human Services   reasonably determines to be necessary.

SECTION 4. An eligible partnership that receives a grant under this Act for a project may use the grant funds for—

(1) project planning and community engagement;

(2) project implementation;

(3) staffing and recruitment;

(4) facilities;

(5) operational costs, including costs of startup or expansion activities, marketing, language translation and interpretation, and transportation;

(6) engagement with technical assistance providers;

(7) consulting services;

(8) training;

(9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery;

(10) programming and service interventions that include—

(A) activities that prioritize human service interventions, by entities other than law enforcement; or

(B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to entities other than law enforcement; and

(11) activities that include follow up by human services organizations after contact by law enforcement, such as peer support or community mediation, social services, or behavioral health services;

(12) training for emergency dispatch operators; and

(13) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a non-police human services organization is the most appropriate response.

SECTION 5. None of the grant funds shall be provided to State, tribal, or local law enforcement agencies.

SECTION 6. Not later than 4 fiscal quarters after the board begins dispensing grants in accordance with this subsection, the Commonwealth shall enter into a contract with an independent entity or organization – whose governing board or senior staff is comprised all or in part of community members who i) live in communities that experience a  disproportionate police presence or that are disproportionately impacted by the criminal justice system or (ii) were formerly incarcerated to conduct an evaluation for the purposes of—

(a) determining the effect of the provision of such services on—

(I) emergency room visits;

(II) use of ambulatory services;

(III) hospitalizations;

(IV) the involvement of law enforcement in mental health or substance use disorder crisis events;

i). Including but not limited to:

A. Data to be made available by the Department of Public Health pertaining to law enforcement related injury or death

B. Data to be made available by the entity responsible for the identification and dispatching of 911 or emergency services relative to a covered population’s needs

(VI) other relevant outcomes identified by  the Executive Office of Health and Human Services

SECTION 7. Each recipient of a grant for a project under this section is required to submit an annual report to the  Executive Office of Health and Human Services that details—

(1) the specific uses of the grant funds;

(2) the number of individuals contacted through the project;

(3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation, gender identity, disability status, religious affiliations, and other characteristics;

(4) any evidence of positive outcomes following the contacts or connections;

(5) any evidence of negative outcomes that may have occurred following the contacts or connections;

(6) the percentage of total emergency calls diverted from law enforcement to the grant recipient;

(7) the percentage of emergency calls diverted to the grant recipient that have been addressed;

(8) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals;

(9) any related reduction in the number of calls to law enforcement over the period of the project;

(10) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes;

(11) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project;

(12) any State or local laws that were an impediment to implementation of the project; and

(13) any evidence of completed in-home, teletherapy, or in-community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone.

SECTION 8. Not later than October 1, 2026, the Executive Office of Health and Human Services shall—

(1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (13) of section 6; and

(2) submit to the legislature a report containing the evaluation and recommended next steps for the program.

and

by inserting after item _______ the following item:

“xxxx-xxxx For the implementation of Alternatives for Community Emergency Services Grant Program (A.C.E.S.) established under section 16CC of chapter 6A of the General Laws ……………….$5,000,000."


Budget Amendment ID: FY2023-S4-528

EHS 528

Dual Generation Supports for High-Risk Young Parents

Messrs. DiDomenico and Gomez, Ms. Edwards and Mr. Brady moved that the proposed new text be amended in section 2, by inserting after item 4401-1000 the following item:-

"XXXX-XXXX For a grant program to be administered by the department of transitional assistance for two generation programs to support economic mobility among high-risk young parents between 14 and 24 years of age, inclusive, who are eligible for assistance under the department's young parent program; provided, that the grants shall be targeted at young parents experiencing acute trauma, multiple systems involvement, mental health challenges, domestic violence and/or abuse; provided further, that grant funding shall be utilized to increase parenting and life skills, housing stability, self-sufficiency, and build cognitive and behavioral skills through intensive case management and wraparound supports; provided further, that the department of transitional assistance shall distribute grant funds through a competitive grant program; provided further, that grants shall be awarded to applicants that (i) are community-based nonprofit programs; (ii) have demonstrated experience working with high-risk young parents and partnering with local administering agencies; and (iii) seek additional federal, state, or private funds to ensure the effective continuation of services and local partnerships; provided further, that the department shall collect robust data from contracted agencies to better understand this special population, their risk factors, and services provided; provided further, that no more than 10 grants shall be awarded; provided further, that grants shall be awarded to communities with the highest numbers of pregnant and parenting teens; provided further, that grants shall be no less than $250,000; provided further, that not less than $1,000,000 shall be earmarked for Roca Inc. and not less than $500,000 shall be earmarked for Family Services of the Merrimack Valley; and provided further, that no later than March 31, 2023, the department shall submit a report to the house and senate committees on ways and means on the (i) total number of program participants; (ii) educational attainment for program participants; (iii) employment status including employment history, for program participants; (iv) number of program participants receiving assistance under DTA’s Employment Services Program (4401-1000); and, (v) relevant demographic information to be determined”.


Budget Amendment ID: FY2023-S4-529

EHS 529

DPH Youth At Risk Grants

Ms. Comerford, Messrs. Eldridge, Moore, Lesser and Cronin, Ms. Jehlen, Ms. DiZoglio, Ms. Gobi, Ms. Chang-Diaz and Messrs. Gomez, O'Connor, Hinds and Cyr moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the figure "$1,400,000" and inserting in place thereof the following figure:- "$3,550,000"; and by striking out the figure “$6,135,000” and inserting in place thereof the following figure:- “$8,285,000”.


Budget Amendment ID: FY2023-S4-530

EHS 530

DPH Primary Violence Prevention Program

Ms. Comerford, Messrs. Eldridge, Moore, Lesser, Cronin and Collins, Ms. Gobi, Ms. Chang-Diaz and Messrs. Gomez, O'Connor and Hinds moved that the proposed new text be amended in section 2, in item 4590-1506, by striking out the figure "$4,023,048" and inserting in place thereof the following figure:- "$5,023,048".


Budget Amendment ID: FY2023-S4-531

EHS 531

Specialty Pharmacy Pilot Program for Urology

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

"SECTION ___. (a) The department of public health and the board of pharmacy shall jointly develop a pilot program to allow urology providers in private practice to operate specialty practice pharmacies in an effort to expand patient access to medications for urological conditions.

(b) The department of public health, in consultation with the board of pharmacy, shall determine the criteria for participation in the program, including the number of practices that may participate. The department may conduct a listening session or other public process to receive input from interested parties regarding the criteria and other aspects of the program.

(c) Each specialty practice pharmacy program shall be operated by a urology practice and shall be staffed as needed to provide appropriate high-quality care, under protocols for pharmaceutical services, specific medications to be offered, and staffing requirements to be developed by the department of public health and the board of pharmacy.

(d) The department of public health shall issue a request for proposals for qualified urology practices to submit proposals to become a provider of pharmaceutical services under this section; provided, that proposals must be submitted and providers selected within 6 months of the date of enactment of this act. In selecting participants for the program, the department and the board of pharmacy shall consider each applicant’s patient payer mix, patient population demographics, organization structure and size, and region of service, in an effort to promote more direct and equitable access to urological medication in underserved populations. The department and the board should prioritize applicants that can provide high quality pharmaceutical services and that address barriers that contribute to inequities in urological pharmaceutical care, including among gender, race, ethnicity, language, sexual orientation, social stigma and other social determinants of health.

(e) The pilot program shall be conducted for 2 years. Before the completion of 2 years of operation, the department of public health and the board of pharmacy shall evaluate the results of the pilot as they relate to patient access to medication, patient costs, patient adherence to medication, and additional pharmaceutical indicators. The results of the evaluation shall be provided to the joint committee on public health and posted on the website of the department. The department and the board may renew the pilot program for a second 2-year period if they determine, based on the evaluation, that it is in the public interest to continue the program."


Budget Amendment ID: FY2023-S4-532-R1

Redraft EHS 532

Worcester Youth Center

Mr. Moore 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 $60,000 shall be expended to Worcester Youth Center, Inc. in the city of Worcester for operational expenses”; and

in said section 2, in said item 4590-1507, by striking out the figure “$6,135,000” and inserting in place thereof the following figure:- “$6,195,000”.


Budget Amendment ID: FY2023-S4-532

EHS 532

Worcester Youth Center

Mr. Moore 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 $60,000 shall be expended to Worcester Youth Center, Inc. for operation expenses, including but not limited to, building repairs and improvements”; and by striking out the figure "$6,135,000” and inserting in place thereof the following figure:- “$6,195,000”.


Budget Amendment ID: FY2023-S4-533

EHS 533

Office-Based Opioid Treatment

Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following:- “provided further, that $75,000 shall be expended for the Cambridge Health Alliance for increased access to office-based opioid treatment services in the city of Everett”; and by striking out the following figure “$125,000” and inserting in place thereof the following figure:- “$200,000”.


Budget Amendment ID: FY2023-S4-534

EHS 534

Equal Access To Community Care For Elders And The Disabled

Ms. Comerford, Ms. Jehlen, Messrs. Eldridge, Moore, Tarr, Velis and Crighton, Ms. Moran, Ms. Rausch, Ms. Gobi, Ms. Lovely and Messrs. Gomez, Montigny and O'Connor moved that the proposed new text be amended by adding the following new section:-

"SECTION XX.  Subsection (5) of section 25 of chapter 118E of the General Laws is hereby amended by striking the second paragraph and inserting in place thereof the following paragraph:-

In any case where the monthly income of an applicant or recipient is in excess of the exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided, except if the individual is an applicant or recipient for home or community-based services pursuant to a waiver granted under 42 USC 1396a(10)(A)(ii)(VI) or a Program of All Inclusive Care for the Elderly (PACE), under 42 USC 1396u-4 or 42 USC 1395eee, the applicant or recipient shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income reduced by the difference between the applicable MassHealth deductible-income standard and 300 percent of the federal benefit rate, provided however, this exception shall not apply to individuals eligible for the “special income eligibility group,” the requirements for which are established under 42 CFR 435.217 and pursuant to federal regulations at 42 CFR 435.726 and 42 CFR 460.184.".


Budget Amendment ID: FY2023-S4-535

EHS 535

Community-Based Day and Work Programs

Mr. Keenan, Ms. DiZoglio, Mr. Cronin, Ms. Jehlen, Messrs. Moore and Collins, Ms. Moran, Ms. Gobi, Messrs. Hinds, Timilty and O'Connor, Ms. Lovely and Ms. Rausch moved that the proposed new text be amended in section 2, in item 5920-2025, by striking out item 5920-2025 and inserting in place thereof the following item:-

"5920-2025 For community-based day and work programs and associated transportation costs for adults; provided, that the department of developmental services shall provide transportation that shall be prioritized by need; provided further, that the department shall support individuals with disabilities who transitioned from employment services offered at sheltered workshops to community-based employment as part of the commonwealth’s employment first initiative; provided further, that any public-private partnerships with employers and nonprofits shall encourage the highest level of independence among individuals with disabilities and shall provide options to maximize community involvement and participation; provided further, that not more than $15,000,000 of additional funds provided in fiscal year 2023 shall be expended by the department to: (a) re-design the service system to respond to the new needs created by the COVID-19 pandemic, requiring new day services components or modalities, including, but not limited to: remote and virtual supports and in-home or in-community services; (b) provide “bridge” funding for community-based provider agencies to re-design their current service model, including, but not limited to, recruiting and hiring staff, training staff for new roles and providing technology supports for staff during the transition; (c) develop a more fluid service model based on the real-time, individual needs of constituents otherwise unable to engage in traditional day services; and (d) plan for increased service need that may occur during the fiscal year in response to increased vaccinations and any improvement in the public health emergency; and provided further, that not later than April 3, 2023, the department shall issue a report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities detailing: (i) the number of eligible individuals employed in community-based employment in fiscal year 2022 and the number estimated for fiscal year 2023; (ii) the number and types of community-based employment partners; (iii) the outcomes measured; and (iv) recommendations for expansion ....................................$278,362,283".


Budget Amendment ID: FY2023-S4-536

EHS 536

Permissible Use Standards for Hospitals

Messrs. Feeney, Eldridge and Cronin, Ms. DiZoglio, Ms. Jehlen, Ms. Gobi, Mr. Hinds, Ms. Lovely, Messrs. Pacheco, Moore and Timilty, Ms. Rausch and Mr. Montigny moved that the proposed new text be amended by inserting after section ___ the following section: -

"SECTION ___. (a) Notwithstanding any general or special law to the contrary, the secretary of the Executive Office of Health and Human Services (EOHHS) shall develop and implement rules and regulations establishing permissible use standards for the expenditure of total annual net patient service revenue received by a hospital licensed under section 51 of this chapter, by the teaching hospital of the University of Massachusetts medical school, or by any licensed private or state-owned and state-operated general acute care hospital. For purposes of this section, such permissible use standards shall not be applied to an acute psychiatric hospital, an acute care specialty hospital, any acute care unit within a state operated healthcare facility, rehabilitation facilities, skilled nursing facilities, or long-term care facilities.

(b) Such permissible use standards shall require a demonstration from such hospital employers that a minimum percentage of total annual net patient service revenue, at a level as deemed appropriate by the secretary but at no less than seventy-five percent of total annual net patient service revenue from all payers, is spent on eligible direct care staff expenses. For purposes of such permissible use standards, eligible expenses shall be defined by the secretary and shall include wages, benefits and related labor spending on direct care staff working full, part-time, or under contract for entities receiving such funds but shall not include spending on staff providing temporary nurse services or spending on other temporary staff.  Direct care staff shall be further defined by the secretary and shall include personnel employed by or contracted to work at a facility who have an effect upon the delivery of quality care to patients, including but not limited to registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional, and technical workers but shall not include doctors, interns, residents, or facility management personnel.

(c) The secretary shall require that such permissible use standards are enforced through attestations, reporting, overpayment penalties, sanctions, submission to state audits, or other processes as the secretary shall deem appropriate.

(d) Such permissible use standards shall be implemented by no later than October 1, 2023, and shall apply to total annual net patient service revenue received in hospital rate year 2024 and to total net patient service revenue received in each subsequent hospital rate year."


Budget Amendment ID: FY2023-S4-536-R1

Redraft EHS 536

Permissible Use Standards for Hospitals

Messrs. Feeney, Eldridge and Cronin, Ms. DiZoglio, Ms. Jehlen, Ms. Gobi, Mr. Hinds, Ms. Lovely, Messrs. Pacheco, Moore and Timilty, Ms. Rausch and Mr. Montigny moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with relevant stakeholders, shall conduct a study on the retention of high-quality direct care staff in health care settings and issue a report on best practices, including recommendations on measures needed to ensure sufficient high-quality direct care staff in the commonwealth.  The study shall include, but not be limited to: (i) an examination of current compensation of direct care staff, by job category, including wages and other forms of benefits, and the need, ability and any barriers to increase such compensation; and (ii) recommendations for permissible use standards or other related statutory and regulatory reforms as the secretary deems are warranted.

The secretary shall submit a report on the findings of its study to the clerks of the senate and house of representatives, the joint committee on health care financing and the house and senate committees on ways and means not later than March 15, 2023.”.


Budget Amendment ID: FY2023-S4-538

EHS 538

School Health Clinics and School Nurses

Ms. Comerford, Messrs. Feeney and Eldridge, Ms. Rausch and Mr. Timilty moved that the proposed new text be amended in section 2, in item 4590-0250, by striking out the figure "$19,816,196" and inserting in place thereof the following figure:- "$20,191,196”.


Budget Amendment ID: FY2023-S4-539

EHS 539

Bilingual Veterans Outreach Centers of Massachusetts

Mr. Velis moved that the proposed new text be amended in section 2, in item 1410-0010, after the word “services” by inserting the following:- “; and provided further, that not less than $1,000,000 shall be expended to the Bilingual Veterans Outreach Centers of Massachusetts, Inc., for the operation of empowerment centers and to support the distribution of food to veterans in need in Hampden County”; and

by striking out the figure “$5,022,822” and inserting in place thereof the following:- “$6,022,822”.

 


Budget Amendment ID: FY2023-S4-539-R1

Redraft EHS 539

Bilingual Veterans Outreach Centers of Massachusetts

Messrs. Velis, Lesser, Pacheco, Hinds, Finegold and O'Connor and Ms. Edwards moved that the proposed new text be amended in section 2, in item 1410-0010, by inserting the following:- “; and provided further, that not less than $1,000,000 shall be expended to the Bilingual Veterans Outreach Centers of Massachusetts, Inc., for the operation of empowerment centers and to support the distribution of food to veterans in need”; and by striking out the figure “$5,022,822” and inserting in place thereof the following:- “$6,022,822”.


Budget Amendment ID: FY2023-S4-540-R1

Redraft EHS 540

Massachusetts Special Legislative Commission on LGBT Aging

Ms. Jehlen, Ms. DiZoglio, Ms. Rausch and Messrs. Eldridge, Moore, Tarr and Cyr moved that the proposed new text be amended in section 2, in item 9110-0100, by adding the following words:-"; provided, that not less than $50,000 shall be expended for the LGBTQIA+ Aging Project at Fenway Health to support the permanent commission on older lesbian, gay, bisexual and transgender, or LGBT, adults and their caregivers established in section 71 of chapter 3 of the General Laws"; and

in said section 2, in said item 9110-0100, by striking out the figure "$3,648,641 " and inserting in place thereof the following figure:- "$3,698,641".


Budget Amendment ID: FY2023-S4-540

EHS 540

Massachusetts Special Legislative Commission on LGBT Aging

Ms. Jehlen, Ms. DiZoglio, Ms. Rausch and Messrs. Eldridge, Moore and Montigny moved that the proposed new text be amended in section 2, in item 9110-1630, by adding the following words:-"; provided further, that not less than $50,000 shall be expended for the LGBTQIA+ Aging Project at Fenway Health to support the permanent commission on older lesbian, gay, bisexual and transgender, or LGBT, adults and caregivers"; and by striking out the figure "$200,215,552" and inserting in place thereof the following figure:- "$200,265,552".  


Budget Amendment ID: FY2023-S4-541

EHS 541

Lunenburg Senior Center

Mr. Cronin moved that the proposed new text be amended in section 2, in item 9110-9002, provided further, that not less than $100,000 shall be expended to the Town of Lunenburg for improvements to the senior center in the town of Lunenburg; and by striking out the figure “$22,401,019” and inserting in place thereof the following figure:- “$22,501,019”.


Budget Amendment ID: FY2023-S4-541-R1

Redraft EHS 541

Lunenburg Senior Center

Mr. Cronin 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 $100,000 shall be expended to the town of Lunenburg for improvements to the senior center in the town of Lunenburg” ; and in said section 2, in said item 9110-9002, by striking out the figure “$22,401,019” and inserting in place thereof the following figure:- “$22,501,019”.


Budget Amendment ID: FY2023-S4-542

EHS 542

RIZE

Mr. Cronin, Ms. Lovely and Messrs. Moore, Cyr and Pacheco moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $2,000,000 shall be expended for RIZE Massachusetts Foundation, Inc. to assist in their work to end the opioid epidemic in the commonwealth;" and by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$2,125,000”.


Budget Amendment ID: FY2023-S4-543

EHS 543

Re-entry transition pilot

Messrs. Kennedy, Moore and Cronin, Ms. Jehlen, Mr. Eldridge, Ms. DiZoglio, Messrs. Collins and Brady, Ms. Gobi, Ms. Chang-Diaz and Messrs. Hinds and Gomez moved that the proposed new text be amended in section 2, in item 7004-9033, by inserting the following item:-

"xxxx-xxxx. For a housing assistance for re-entry transition pilot program; provided, that funds shall be expended for rental subsidies to participants in re-entry programs funded under items 8000-0655 and 8900-1100; provided, that the department of housing and community development shall establish the amount of said subsidies so that department spending does not exceed the amount appropriated; and provided further, that not later than October 1, 2022, the department shall report to the house and senate committees on ways and means on the program design and implementation, including the: (a) amount proposed for said subsidies; (b) estimated number of individuals who would qualify for said subsidies; and (c) planned distribution of funds....................................$2,000,000".


Budget Amendment ID: FY2023-S4-544

EHS 544

Telehealth Digital Navigator Program

Messrs. Cronin, Keenan, Collins, Timilty and Brady, Ms. Gobi, Ms. Rausch, Messrs. Feeney, Gomez, Montigny, Hinds and O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, by inserting after item 4510-0112  the following item:-

"XXXX- XXXX  For the department of public health to establish a telehealth digital navigator program that would direct community health workers, social workers and other healthcare professionals to assist patients with accessing telehealth services. The program and its funding shall prioritize populations who experience increased barriers in accessing healthcare and telehealth services, including communities of color, low-income communities, the elderly and those who may need assistance with telehealth services due to limited English proficiency or limited literacy with digital health tools. Entities receiving funding through this program will provide culturally and linguistically competent hands-on support to educate patients on how to access broadband and wireless services and subsequently utilize devices and online platforms to access telehealth services….…………………$750,000."


Budget Amendment ID: FY2023-S4-545

EHS 545

Veterans Northeast Outreach Center

Ms. DiZoglio and Mr. Finegold 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 $465,000 shall be expended for Veterans Northeast Outreach Center, Inc., in the city of Haverhill"; and by striking out the figure “$9,154,222” and inserting in place thereof the figure “$9,619,222”.


Budget Amendment ID: FY2023-S4-546

EHS 546

Forensic Psychiatric Hospital Planning Study Language

Messrs. Cronin, Eldridge, Moore, Keenan and Feeney, Ms. Gobi, Ms. Rausch, Ms. Lovely and Mr. O'Connor moved that the proposed new text be amended in section 2, by inserting after item XXXX-XXXX the following item:-

XXXX-XXXX For the division of capital asset management and maintenance to conduct a pre-design study to plan a public development project for a forensic psychiatric hospital that provides patients a therapeutic environment for care and treatment under the direction of the department of mental health and that serves residents of the commonwealth who are committed pursuant to sections 7, 8, 15, and 18 of chapter 123 of the General Laws; provided, that such pre-design study shall be conducted in consultation with the executive office of health and human services, executive office of the trial court, department of mental health, department of public health, Disability Law Center, Inc., Prisoners’ Legal Services, Mental Health Legal Advisors Committee, the Center for Public Representation, and Massachusetts Association of Mental Health; provided further, that the study shall include, but not be limited to: (i) an assessment of the Bridgewater state hospital property as an appropriate location for such facility; (ii) program needs of patients committed pursuant to sections 7, 8, 15, and 18 of chapter 123 of the General Laws; (iii) design features of a forensic psychiatric hospital, including, but not limited to, bed capacity and therapeutic program space requirements; (iv) costs of construction and financing strategies; and (v) timeline for development, construction, and operation of such facility; provided further, that the division shall submit a report to the clerks of the senate and house of representatives with its findings and recommendations for development of a forensic psychiatric hospital under the direction of the department of mental health by April 1, 2023…...…$1,000,000”.


Budget Amendment ID: FY2023-S4-547

EHS 547

Wonderfund

Messrs. O'Connor, Tarr and Crighton moved that the proposed new text be amended in section 2, in item 4800-0015, by adding the following:-

“provided further, that $50,000 shall be expended to Massachusetts Wonderfund, Inc. to support children engaged with the department of children and families;” and

in said section 2, in said item 4800-0015, by striking out the figure “$130,625,656” and inserting in place thereof the following figure:- “$130,675,656”.


Budget Amendment ID: FY2023-S4-548

EHS 548

You're With Us

Mr. O'Connor and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 5911-1003, by adding the following:- “provided further, that $20,000 shall be expended to You’re with Us! Inc., based in the Town of Methuen;” and

by striking out the figure “$88,017,555” and inserting in place thereof the following:- “$88,037,555”.


Budget Amendment ID: FY2023-S4-549

EHS 549

Supporting access to behavioral health care for children and young adults in the Commonwealth

Messrs. Lesser, Tarr, Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 1450-1200, by inserting at the end thereof the following:- "; provided further that not less than $500,000 shall be expended by the health policy commission for an innovative grant program to provide support and assistance to pediatric practices to expand, enhance, and accelerate screening, diagnosis, and appropriate treatment of children with behavioral health needs; provided further that the program shall prioritize partnerships among pediatric providers, behavioral health providers, and community-based organizations and shall be designed to promote health equity; and provided further that funds for such purposes shall be made available until June 30, 2024"; and

by striking out the figure “$10,883,276” and inserting in place thereof the following:- "$11,383,276".


Budget Amendment ID: FY2023-S4-550

EHS 550

Support for Caregivers

Ms. Moran and Messrs. Tarr, Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 9110-1630, by adding the following words:- "; provided further that not less than $75,000 shall be expended for grants to support the provision of training to family caregivers of persons with Alzheimer’s and other dementia-related diseases and the development of education and respite programs for families living with Alzheimer’s and other dementia-related diseases"; and

by striking out the figure "$200,215,552" and inserting in place thereof the following:- "$200,290,552".


Budget Amendment ID: FY2023-S4-551

EHS 551

Stoughton VFW Hall

Mr. Timilty moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting the following words:- "; provided further, that not less than $50,000 shall be expended for repairs to the Veterans of Foreign Wars Post 1645 in the town of Stoughton";

and by striking out the following figure "$9,154,222" and inserting in place thereof the following figure:- "$9,204,222".


Budget Amendment ID: FY2023-S4-552

EHS 552

Randolph School Based Health Center

Messrs. Timilty and Brady moved that the proposed new text be amended in section 2, in item 4590-0250, by inserting the following words:- "; provided further, that not less than $100,000 shall be expended for the operation of a school based health center in the town of Randolph"; and

by striking out the figure "$19,816,196" and inserting in place thereof the following:- "$19,916,196".


Budget Amendment ID: FY2023-S4-553

EHS 553

Harm Reduction to address stimulant use

Messrs. Cyr and Keenan, Ms. Rausch and Mr. Gomez moved that the proposed new text be amended in section 2, in item 4512-0206, by inserting after the figure “2018” the following:- “ and to adopt a culture of harm reduction that prioritizes the health, safety, and dignity of individuals who use substances as recommended by the commission on methamphetamine use established by section 131 of chapter 24 of the acts of 2021”; and

by adding the following words:- “; provided, that not less than $500,000 shall be expended for anti-stigma campaigns and culturally-tailored education programs around methamphetamine and stimulant use specific to populations with an increased likelihood of stimulant use disorders, provided that not less than $750,000 shall be expended to support health care and harm reduction providers serving the LGBTQIA+ community related to stimulant use disorder; provided, that not less than $750,000 shall be expended to increase access to behavioral interventions for treatment for stimulant use disorder, including contingency management therapy; provided that funds shall be expended to promote training for best practices for individuals with stimulant use disorder in inpatient substance use treatment settings”; and

by striking out the figure “$6,378,000” and inserting in place thereof the following:- “$8,378,000".


Budget Amendment ID: FY2023-S4-553-R1

Redraft EHS 553

Harm Reduction to address stimulant use

Messrs. Cyr and Keenan, Ms. Rausch and Mr. Gomez moved that the proposed new text be amended in section 2, in item 4512-0206, by inserting after the figure “2018”, in line 7, the following words:- “ and to prioritize the health, safety and dignity of individuals who use substances as recommended by the commission on methamphetamine use established by section 131 of chapter 24 of the acts of 2021”; and

by adding the following words:- “; provided further, that not less than $500,000 shall be expended to support anti-stigma campaigns and culturally tailored education programs around methamphetamine and stimulant use specific to populations with an increased prevalence of stimulant use disorders, to provide support for health care and harm reduction providers serving the LGBTQ community related to stimulant use disorder, and to provide training for best practices for individuals with stimulant use disorder in inpatient substance use treatment settings”; and

by striking out the figure “$6,378,000” and inserting in place thereof the following figure:- “$6,878,000".


Budget Amendment ID: FY2023-S4-554

EHS 554

Maternal Mortality and Morbidity Review Committee

Ms. Comerford, Ms. Rausch, Ms. Gobi, Ms. Lovely, Mr. Tarr and Ms. Edwards moved that the proposed new text be amended by adding the following section:-

"SECTION XX.  Chapter 111 of the General Laws is hereby amended by inserting after section 24N the following section:-

Section 24O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Committee,” the herein established maternal mortality and morbidity review committee within the Massachusetts Department of Public Health.

“Commissioner,” the commissioner of public health.

“Department,” the department of public health.

“Pregnancy-related death” the death of a pregnant person during pregnancy or within one year of the end of pregnancy from a pregnancy complication, a chain of events initiated by pregnancy or the aggravation of an unrelated condition by the physiologic effects of pregnancy.

“Pregnancy-associated death” the death of a pregnant person during pregnancy or within one year of the end of pregnancy regardless of the cause.

(b) There is established a maternal mortality and morbidity review committee within the Massachusetts Department of Public Health to review maternal deaths and make recommendations to improve maternal outcomes and eliminate preventable maternal death. The committee shall: (i) conduct case reviews of the pregnancy-related and pregnancy-associated  death in Massachusetts; (ii) make recommendations to improve the ability to provide high-quality, evidence-based health care to women and infants in Massachusetts; (iii) identify gaps in the provision of health care services including, but not limited to, consideration of quality of care, access to the most appropriate health care services, transportation and lack of financial resources by analyzing: (A) the race, ethnicity and age of persons who experience maternal mortality; (B) the geographic region of the residence persons who experience maternal mortality; (C) and the socioeconomic status of persons who experience maternal mortality review probable cause of death and identify contributing factors; (iv) determine whether the death was preventable, and if so what actions could have been taken to prevent the death; (v) make recommendations for changes in law, policy, and practice that will prevent maternal mortality,  including specific recommendations for communities where significant race-based inequities exist; and (vi) request and obtain a copy of all records and reports pertaining to the pregnancy-related and pregnancy-associated maternal mortality or near-death case under review. Notwithstanding any general or special law to the contrary, upon request of the committee, any public or private health care provider, healthcare facility, social services agency, law enforcement agency, and medical examiner shall provide all requested records.  All information collected or generated by the committee shall remain in the possession of department staff and no direct identifying information may be presented to the committee.

(c) The committee shall maintain all information, documents and records in possession of the committee as confidential and not subject to subpoena or discovery in any civil or criminal proceedings; provided however, information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery through those sources solely because such information, documents and records were presented to or reviewed by the committee.  Members of the committee and persons attending a committee meeting must maintain confidentiality and may not disclose any confidential information relating to the committee’s business outside of the committee.

Committee meetings shall be closed to the public and shall not be subject to chapter 30A. Any minutes or notes of meeting, and any information and records acquired by the committee pursuant to this section shall be confidential. Such information or records shall not be considered a public record, shall be exempt from disclosure under section 10 of chapter 66, and may only be disclosed as necessary to carry out the committee’s duties and purposes.

An agency or individual providing access to medical records under this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records.

Information, records, reports, statements, notes, memoranda or other data collected under this section shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary for the purpose of furthering the review of the committee of the case to which they relate. No person participating in such review shall disclose, in any manner, the information so obtained except in strict conformity with such review project.

All proceedings and activities of the committee under this section, opinions of members of the committee formed as a result of those proceedings and activities, and records obtained, created, or maintained under this section, including records of interviews, written reports and statements procured by the department or any other person, agency or organization acting jointly or under contract with the department in connection with the requirements of this section, shall be confidential.

Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee; however, nothing in this section shall be construed to prevent a member of the committee from testifying to information obtained independently of the proceedings of the committee or which is public information.

Statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public for the purposes in this section.

(d)  The commissioner or the commissioner's designee shall chair the committee. Each member shall serve for a term of three years and until their successor is appointed.  Nothing shall prohibit the commissioner from appointing a committee member to serve additional terms. Committee members shall be compensated for their participation on the committee and be reimbursed for ordinary and necessary expenses for the performance of their duties (mileage and tolls). The department shall convene the committee on a regular basis as deemed necessary by the department. In appointing members of the committee, the commissioner shall include members that work in and represent communities that are most impacted per the state maternal mortality ratio so that the composition of the committee reflects:

(1) the racial, ethnic and linguistic diversity of the state;

(2) the differing geographic regions within the state, including rural and urban areas; and

(3) communities that are most impacted by pregnancy-related deaths, severe maternal morbidity and a lack of access to relevant perinatal and intrapartum care services.

 

The committee shall not exceed twenty members and be appointed by the commissioner. The committee shall include: representatives of the department of public health; a representative of the Massachusetts Perinatal Neonatal Quality Improvement Network; the Chief Medical Examiner or a designee; the Chair of the Massachusetts chapter of the American College of Obstetrics and Gynecology or a designee; the Chair of the Massachusetts chapter of the American College of Nurse Midwives or a designee; the Chair of the Massachusetts chapter of the Association of Women's Health, Obstetric and Neonatal Nurses or a designee; a medical professional with obstetric and neonatal nursing training; a medical professional with training in cardiology;  medical professional with training in pathology; a medical professional with expertise in substance use prevention and treatment; a psychology, social work or other mental health professional; a representative from academia; a medical professional with formal anesthesiology training; a medical professional with maternal fetal medicine or perinatology training; a medical professional with psychiatric training; a medical professional with family medicine training; a director of a federally funded-Healthy Start program or a designee; a minimum of two doulas; a minimum of two community or family members who have been directly affected by a maternal death and another person, selected by majority vote of the members of the committee, with relevant expertise or knowledge; a member of a community-based organization; a representative from the department of family and children; and a law enforcement officer.

(e) On or before December 31 of each even numbered year the committee will develop and submit to the Legislature and any other organization the committee determines as necessary to facilitate the objectives of the committee a report that includes, without limitation:

(1) A description of the incidents of maternal mortality and severe maternal morbidity reviewed during the immediately preceding 24 months, provided in a manner that does not allow for the identification of any person;

(2) A summary of the disparities identified and reviewed;

(3) Special topic reports and urgent messages issued by the committee to reduce maternal mortality and severe maternal morbidity in this State; and

(4) Recommendations for any legislation or other changes to policy to reduce maternal mortality and severe maternal morbidity or otherwise improve the delivery of health care in this Commonwealth.".


Budget Amendment ID: FY2023-S4-555

EHS 555

Safe Havens

Ms. Comerford, Mr. Eldridge, Ms. DiZoglio, Ms. Chang-Diaz, Messrs. Moore, Feeney, Keenan and Velis, Ms. Rausch and Messrs. Hinds, Gomez, Timilty and O'Connor moved that the proposed new text be amended in section 2, in item 5046-2000, by striking out the figure “$24,615,994” and inserting in place thereof the following:- “25,615,994”.


Budget Amendment ID: FY2023-S4-556

EHS 556

Choice4teens

Mr. Brady moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- ‘’; provided further, that $78,000 shall be expended for choice4teens mentoring program to improve life chances of at-risk youth to address issues related to drugs, gangs and violence prevention in the city of Brockton” ; and by striking out the figure ‘’$125.00’’ and inserting in place thereof the following figure:-‘’$203,000’’.

 

 


Budget Amendment ID: FY2023-S4-556-R2

2nd Redraft EHS 556

Choice4teens

Mr. Brady moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:-

“; provided further, that not less than $50,000 shall be expended for the Choices4Teens Mentoring Group, Inc.’s mentoring program to improve outcomes for at-risk youth and address issues related to drugs, gangs and violence prevention in the city of Brockton”; and

in said section 2, in said item 4512-0205, by striking out the figure “$125,000” and inserting in place thereof the following figure:- “$175,000”.


Budget Amendment ID: FY2023-S4-556-R1

Redraft EHS 556

Choice4teens

Mr. Brady moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- ‘’; provided further, that $50,000 shall be expended for choice4teens mentoring program to improve life chances of at-risk youth to address issues related to drugs, gangs and violence prevention in the city of Brockton”; and by striking out the figure ‘’$125.00’’ and inserting in place thereof the following figure:-‘’$175,000’’.


Budget Amendment ID: FY2023-S4-557

EHS 557

Champion Plan

Mr. Brady moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:-“; provided further, that not less than $100,000 shall be expended for the Champion Plan, Inc. within the city of Brockton”, and by striking out the figure "$125,000" and inserting in place thereof the following figure:-"$225,000 ".


Budget Amendment ID: FY2023-S4-558-R1

Redraft EHS 558

Equitable Approaches to Public Safety

Ms. Comerford, Ms. Chang-Diaz, Mr. Eldridge, Ms. Rausch, Ms. Lovely, Messrs. Gomez and Pacheco, Ms. DiZoglio, Mr. Moore and Ms. Edwards moved that the proposed new text be amended in section 2, in item 4512-2020, in clause (v) by inserting after the words “professionals” the following:- "; provided further, that preference in awarding matching grants shall be given to municipalities proposing alternative emergency responses conducted by unarmed community-based human service or behavioral or mental health providers who shall be unaccompanied by law enforcement but who may call on law enforcement as needed"; and

by striking out the figure "$2,500,000” and inserting in place thereof the following:- "$3,500,000".


Budget Amendment ID: FY2023-S4-558

EHS 558

Equitable Approaches to Public Safety

Ms. Comerford, Ms. Chang-Diaz and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4512-2020, by adding after the words “alternative emergency response professionals” the following:-

"; provided further, that alternative emergency response shall be conducted by unarmed community-based human service or behavioral or mental health providers unaccompanied by law enforcement, who may call on law enforcement as needed"; and by striking out the figure "$2,500,000” and inserting in place thereof the following figure:- "$5,000,000".


Budget Amendment ID: FY2023-S4-559

EHS 559

Walker Therapeutic and Educational Programs

Mr. Rush moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following:- "provided further that not less than $250,000 shall be expended to Walker Therapeutic and Educational Programs to support education and community organizations to meet child and youth behavioral health needs through consultation, professional development, and specialized staff recruitment and training.”; and

by striking out the figure “$125,000” and inserting in place thereof the following:- “$375,000”


Budget Amendment ID: FY2023-S4-560

EHS 560

Covid Long Haul Program

Messrs. Rush and O'Connor moved that the proposed new text be amended in section 2, in item 4516-1000, by inserting at the end thereof the following: “provided further not less than $1,000,000 be expended to conduct a Covid Long Haul pilot program for patients suffering from lingering affects of the COVID-19 virus by Dedham Health and Weymouth Club for a period of 8 months. At such time the facilities shall submit a report outlining the program, data collected and results to the secretary of EOHHS and the clerks of the house and senate."; and

by striking out the figure “$22,653,281” and inserting in place thereof the following:- “$23,653,281".


Budget Amendment ID: FY2023-S4-561

EHS 561

NORCs

Messrs. Rush, Moore and Cyr moved that the proposed new text be amended in section 2, in item 9110-1660, by inserting at the end thereof the following:- “provided that not less than $1,025,000 shall be expended for providers of naturally occurring retirement communities with whom the department of elder affairs entered into service agreements in fiscal year 2022 and shall maintain at proportions of total available funding equal to those provided in fiscal year 2022”; and

by striking out the figure “$2,975,491" and inserting in place thereof the following:- "$4,000,491”.


Budget Amendment ID: FY2023-S4-562

EHS 562

Community Servings

Messrs. Rush and Crighton moved that the proposed new text be amended in section 2, in item 4510-0100, by adding the following:- “; provided further that not less than $200,000 shall be expended for Community Servings for the purposes of providing medically tailored meals to persons battling chronic illnesses, workforce training programs to those recovering from addiction, and opportunities for expanded services and locations” ; and in said item 4510-0100 by striking the figure “$22,188,252” and inserting in place thereof the following figure “$22,388,252”. 


Budget Amendment ID: FY2023-S4-563

EHS 563

Italian Home for Children

Mr. Rush, Ms. DiZoglio, Messrs. Feeney, Keenan, Brady and Timilty, Ms. Lovely and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4800-0015, by adding the following words:- "; provided further, that not less than $500,000 shall be expended for the Italian Home for Children, Inc.’s behavioral health services for children" ; and in said item 4800-0015 by striking out the figure "$130,625,656" and inserting in place thereof the following figure:- "$131,125,656".


Budget Amendment ID: FY2023-S4-564

EHS 564

Self Esteem Boston

Mr. Rush, Ms. DiZoglio, Messrs. Keenan, Velis, Crighton and Collins, Ms. Jehlen, Messrs. Gomez and O'Connor and Ms. Edwards moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $175,000 shall be expended for Self Esteem Boston Educational Institute Inc.’s direct service and provider training programs" ;and in said item 4512-0205 by striking out the figure “$125,000” and inserting in place thereof the following figure:- "$300,000".


Budget Amendment ID: FY2023-S4-565

EHS 565

Baystate Franklin Medical Center Family Medicine Program

Ms. Comerford and Mr. Hinds moved that the proposed new text be amended in section 2, in item 4000-0700, by inserting after the words "the city of Boston" the following words:-

"; provided further, that not less than $250,000 shall be distributed to the family residency program in the city of Greenfield”.


Budget Amendment ID: FY2023-S4-566

EHS 566

Licensing Recovery Coaches

Messrs. Keenan and Brady, Ms. Gobi, Ms. Rausch, Ms. Lovely and Mr. Timilty moved that the proposed new text be amended in section 2, in item 4512-0200, by striking out the words "; provided further, that not less than $7,000,000 shall be expended to address the addiction treatment workforce crisis through outreach and recruitment efforts and support to complete trainings and continuing education curriculum" and inserting in place thereof the following words:- "; provided further, that not less than $10,000,000 shall be expended to address the addiction treatment workforce crisis through outreach and recruitment efforts, support to complete trainings and continuing education curriculum and the establishment of a board of registration of Licensed Recovery Coaches"; and by striking out the figure "$209,274,161" and inserting in place thereof the following figure:- "$212,274,161".

 


Budget Amendment ID: FY2023-S4-567

EHS 567

Establishing a Drug Stewardship Fund

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

"SECTION XX. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section:-

Section 2DDDDD. There shall be a Drug Stewardship Fund. The commissioner of public health shall administer the fund and shall make expenditures from the fund for measures to improve the safety and security of unused opioid drug products and benzodiazepines, including, but not limited to: (i) training and education on safe storage and disposal; (ii) technical assistance to implement stewardship efforts by health care institutions; (iii) direct support for individual drug disposal activities; (iv) contributions to the Substance Abuse Services Fund established in section 2I of chapter 111, or other trust funds relative to drug safety and recovery programs; (v) supplemental support of existing department of public health approved drug stewardship plans; (vi) funding to support drug security and recovery programs at state operated health care facilities; and (vii) funding to support adequate department resources to conduct compliance and support activities.

The fund shall consist of: (i) revenue generated from noncompliance penalties imposed by the department on pharmaceutical manufacturers under section 4 of chapter 94H; (ii) plan application fees and fees collected for alternate plan participation under section 6 of chapter 94C, as outlined in regulation; (iii) revenue from appropriations or other money authorized by the commonwealth and specifically designated to be credited to the fund; and (iv) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund.

The commissioner of public health shall report annually, not later than July 1, on the fund's activity to the joint committee on mental health, substance use and recovery, and the house and senate committees on ways and means. The report shall include, but not be limited to: (1) revenue received by the fund; and (2) expenditures from the fund, including the recipient, date and reason for the expenditure."


Budget Amendment ID: FY2023-S4-568

EHS 568

Hey Sam Youth Mental Health Text Line Expansion

Ms. Rausch moved that the proposed new text be amended in section 2, in item 4513-1027, by inserting the following:- provided further, that not less than $750,000 shall be expended for the expansion and operation of the text-based mental health support line, Hey Sam, tailored specifically to youth and young adults in the commonwealth and youth mental health community education, outreach and communications;

and further amended in said item by striking out the figure “$650,000” and inserting in place thereof the following figure:- $1,400,000.


Budget Amendment ID: FY2023-S4-568-R1

Redraft EHS 568

Hey Sam Youth Mental Health Text Line Expansion

Ms. Rausch, Mr. O'Connor, Ms. DiZoglio, Mr. Cyr, Ms. Lovely, Ms. Jehlen, Mr. Feeney, Ms. Gobi and Mr. Montigny moved that the proposed new text be amended in section 2, in item 4513-1027, by adding the following words:- “; provided, that not less than $1,000,000 shall be expended for the expansion and operation of Hey Sam, the text-based mental health support line tailored specifically to youth and young adults in the commonwealth and youth mental health community education, outreach and communications”; and

in said section 2, in said item 4513-1027, by striking out the figure “$650,000” and inserting in place thereof the following figure:- “$1,400,000”.


Budget Amendment ID: FY2023-S4-569

EHS 569

Barriers and Solutions to Childhood Vaccination Rates

Ms. Rausch and Mr. Cyr moved that the proposed new text be amended in section 2, in item 4516-1000, by inserting the following:- provided further, that not less than $92,000 shall be expended to MassINC Polling Group to conduct a culturally competent qualitative and quantitative study on childhood vaccination, including, but not limited to: (i) the coronavirus vaccination rates for children in the commonwealth; (ii) barriers to vaccine access; and (iii) potential solutions to address gaps in childhood vaccination rates;

and by striking out the figure “$22,653,280” and inserting in place thereof the following figure:- $22,745,280.


Budget Amendment ID: FY2023-S4-571-R1

Redraft EHS 571

Birth Certification Modernization

Ms. Rausch and Mr. Cyr moved that the proposed new text be amended in section 2, in item 4510-0100, by adding the following words:- “; provided further, that not less than $25,000 shall be expended for the registry of vital records to update birth certificate forms consistent with section 1 of chapter 46 of the General Laws;” and

by striking out the figure “$22,188,252” and inserting in place thereof the following figure:- “$22,213,252”; and

by inserting after section 21 the following section:-

“SECTION 21A. Section 1 of chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

In the record of births, date of birth, place of birth, name and assigned sex of child; names, places of birth and dates of birth of the parents; and residence and birth surname of the person who gave birth. In the record of the birth of a child born to parents not married to each other, the name of and other facts relating to the father or other parent shall not be recorded except as provided in section 2 of chapter 209C where parentage paternity has been acknowledged or adjudicated under the laws of the commonwealth or under the law of any other jurisdiction.”.


Budget Amendment ID: FY2023-S4-571

EHS 571

Birth Certification Modernization

Ms. Rausch and Mr. Cyr moved that the proposed new text be amended in section 2, in item 4510-0100, by inserting the following:- "provided further, that not less than $25,000 shall be expended for the registry of vital records to update birth certificate forms consistent with section 1 of chapter 46 of the General Laws;" and by striking out the figure “$22,188,252” and inserting in place thereof the following figure:- "$22,213,252"; and

By adding the following new section:-

"SECTION XX. Section 1 of chapter 46 of the General Laws is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- In the record of births, date of birth, place of birth, name and assigned sex of child; names, places of birth, and dates of birth of the parents; and residence and birth surname of the person who gave birth. In the record of the birth of a child born to parents not married to each other, the name of and other facts relating to the father or other parent shall not be recorded except as provided in section 2 of chapter 209C where parentage paternity has been acknowledged or adjudicated under the laws of the commonwealth or under the law of any other jurisdiction."


Budget Amendment ID: FY2023-S4-572

EHS 572

Cape Verdean Association Elder Program

Mr. Brady moved that the proposed new text be amended in section 2, in item 9110-9002, by adding the following words:- '';provided further, that $50,000 shall be expended for the Cape Verdean Association Elder Program to provide social daytime health programs to enhance the quality of life in the city of Brockton "; and by striking out the figure ''$22,401,019 " and inserting in place thereof the following figure:-"$22,451,019''.

 


Budget Amendment ID: FY2023-S4-573

EHS 573

Protecting Access to Gender Affirming Healthcare

Mr. Cyr, Ms. Comerford, Ms. Rausch and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 4513-1005, by adding the following words:- “; provided further, that not less than $500,000 shall be expended to the Fenway Health Gender-Affirming Care Fund for qualified medical providers in the commonwealth for the purpose of improving transgender health care access”; and by striking out the figure “$17,999,704” and inserting in place thereof the following figure:- “$18,499,704”.


Budget Amendment ID: FY2023-S4-573-R1

Redraft EHS 573

Protecting Access to Gender Affirming Healthcare

Mr. Cyr, Ms. Comerford, Ms. Rausch, Ms. DiZoglio and Ms. Creem moved that the proposed new text be amended in section 2, in item 4513-1005, by adding the following words:- “; provided further, that not less than $250,000 shall be expended to Fenway Health for the Gender-Affirming Care Fund for qualified medical providers in the commonwealth to improve transgender health care access”; and

in said section 2, in said item 4513-1005, by striking out the figure “$17,999,704” and inserting in place thereof the following figure:- “$18,249,704”.


Budget Amendment ID: FY2023-S4-574-R1

Redraft EHS 574

Behavioral Health Crisis Helpline

Messrs. Cyr, Eldridge, Keenan, Collins and Moore, Ms. Moran, Ms. Gobi, Ms. Rausch, Ms. Lovely and Messrs. Gomez, O'Connor and Timilty moved that the proposed new text be amended by inserting after proposed section 2VVVVV the following section:-

“Section 2WWWWW. There shall be a Behavioral Health Access and Crisis Intervention Trust Fund to be administered by the secretary of health and human services. The secretary may expend money from the fund, without further appropriation, to support a statewide, payor-agnostic community behavioral health crisis system, including, but not limited to, all necessary costs to support: (i) a behavioral health access line to connect individuals to behavioral health services, including clinical assessment and triage; and (ii) a statewide system to deliver behavioral health crisis intervention services 24 hours per day and 7 days per week in mobile and community-based settings, available to all residents without regard to insurance.

There shall be credited to the fund all monies paid to the commonwealth under section 69A of chapter 118E and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund. In the discretion of the secretary of administration and finance, in consultation with the secretary of health and human services, revenues equal to the amount of federal financial participation received by the commonwealth's General Fund for expenditures for the behavioral health access line may also be credited to the fund.

The fund may incur expenses and the comptroller shall certify for payment amounts in anticipation of the most recent estimate of expected receipts, as certified by the secretary of health and human services. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. Annually, not later than August 1, the secretary shall report to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery on the revenue and expenditure activity within the fund.”; and

by inserting after section 21 the following section:-

“SECTION 21A. Section 2WWWWW of said chapter 29 is hereby repealed.”; and

by inserting after section 40 the following 2 sections:-

“SECTION 40A. Said chapter 118E of the General Laws is hereby further amended by inserting after section 69 the following section:-

Section 69A. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:

"Fund", the Behavioral Health Access and Crisis Intervention Trust Fund established under section 2WWWWW of chapter 29.

"Surcharge payors'', entities that: (i) are defined as surcharge payors pursuant to section 64; and (ii) made payments subject to surcharge in the amount of $1,000,000 or more during the most recent fiscal year for which data is available.

"Total behavioral health surcharge amount", an amount equal to $33,700,000.

(b) Each surcharge payor shall pay a behavioral health payor surcharge to the secretary of health and human services, for deposit in the fund. The secretary shall promulgate regulations for implementation of the surcharge and such regulations shall: (i) include a schedule for surcharge payment; and (ii) require each surcharge payor to pay a portion of the total behavioral health surcharge amount proportional to their payments subject to surcharge during the most recent period for which data is available.

(c) In the case of a transfer of ownership, a surcharge payor's liability to the fund shall be assumed by the successor in interest to the surcharge payor.

(d) The secretary shall establish by regulation an appropriate mechanism for enforcing a surcharge payor's liability to the fund if a surcharge payor does not make a scheduled payment to the fund; provided, however, that the secretary may establish threshold liability amounts below which enforcement may be modified or waived. Such enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. Such enforcement mechanism may also include notification to the office of Medicaid requiring an offset of payments on the claims of the surcharge payor, any entity under common ownership or any successor in interest to the surcharge payor from the office of Medicaid in the amount of payment owed to the fund, including any interest and penalties, and transfer of the withheld amounts into the fund. If the office of Medicaid offsets claims payments as ordered by the secretary, the office of Medicaid shall be considered not to be in breach of contract or any other obligation for payment of non-contracted services and a surcharge payor whose payment is offset under an order of the secretary shall serve all recipients of assistance under Title XIX of the federal Social Security Act under the contract then in effect with the executive office. The secretary shall not direct the office of Medicaid to offset claims unless the surcharge payor has maintained an outstanding liability to the fund for a period longer than 45 days and has received proper notice that the secretary intends to initiate enforcement actions under regulations promulgated by the secretary.

SECTION 40B. Section 69A of said chapter 118E is hereby repealed.”; and

by inserting after section 56 the following section:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the health policy commission, in collaboration with the executive office of health and human services and the center for health information and analysis, shall conduct an analysis and report on the use of the behavioral health access line and behavioral health crisis intervention services, as described in section 2WWWWW of chapter 29 of the General Laws, which shall include an evaluation of and recommendations for developing an equitable and sustainable funding mechanism for the behavioral health access line and behavioral health crisis intervention services 24 hours per day and 7 days per week, available to all residents without regard to insurance.

The report shall include: (i) an analysis of the use of the behavioral health access line and behavioral health crisis intervention services by payer, including public and private payers, by insurance status, including the uninsured, and by aggregate patient demographics, including age, diagnosis and geographic region; (ii) the number of referrals, both direct and indirect, made by the behavioral health access line to a health care provider by provider type; (iii) the average length of interaction with a patient on the behavioral health access line; (iv) the average length of stay or interaction with the behavioral health crisis intervention services, including whether patients were admitted for care or referred to a new care setting following discharge; (v) the impact of the behavioral health access line and behavioral health crisis intervention services on emergency department wait times and utilization of inpatient psychiatric services by geographic region; (vi) any barriers to accessing the behavioral health access line and behavioral health crisis intervention services; (vii) an analysis of the use of the federally-designated 988 suicide prevention hotline including, but not limited to, call volume, abandoned call rate and number of referrals to other services by service type; (viii) recommendations on ways to expand access to the behavioral health access line and behavioral health crisis intervention services; (ix) an analysis and breakdown of the total annual cost of providing the behavioral health access line and behavioral health crisis intervention services 24 hours per day and 7 days per week, available to all residents without regard to insurance; (x) an examination of potential funding mechanisms for sustaining the behavioral health access line and behavioral health crisis intervention services, including, but not limited to, the behavioral health payor surcharge described in section 69A of chapter 118E of the General Laws, the General Fund, the Health Safety Net Trust Fund established by section 66 of said chapter 118E, an assessment on surcharge payors, any funds distributed through the federal 988 program and a surcharge on cell phone usage; and (xi) recommendations for an equitable and sustainable funding mechanism for the behavioral health access line and behavioral health crisis intervention services that takes into account utilization of such services by payer type and insurance status.

In developing the report, the commission shall seek input from relevant state agencies, the Massachusetts Association of Health Plans, Inc., Blue Cross and Blue Shield of Massachusetts, Inc., the Massachusetts Association of Mental Health, Inc., the Association for Behavioral Healthcare, Inc., the Massachusetts Health and Hospital Association, Inc., the Massachusetts Taxpayers Foundation, Inc., health care providers and payers, patients and any other interested stakeholder.

The commission shall submit its report and recommendations to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on health care financing and the joint committee on mental health, substance use and recovery not later than January 15, 2025.”; and

by inserting after section 74 the following section:-

“SECTION 74A. Sections 21A and 40B shall take effect on July 1, 2025.”.


Budget Amendment ID: FY2023-S4-574

EHS 574

Behavioral Health Crisis Helpline

Messrs. Cyr, Eldridge, Keenan, Collins and Moore, Ms. Moran, Ms. Gobi, Ms. Rausch, Ms. Lovely and Messrs. Gomez, O'Connor and Timilty moved that the proposed new text be amended by inserting after SECTION 18 the following new sections:-

"SECTION XX. Chapter 29 is hereby further amended by inserting after section 2QQQQQ, as inserted by section 17 of chapter 24 of the acts of 2021, the following section:-

2RRRRR. There shall be a Behavioral Health Access and Crisis Intervention Trust Fund to be administered by the secretary of health and human services. The secretary may expend money from the fund, without further appropriation, to support a statewide, payor-agnostic community behavioral health crisis system, including, but not limited to, all necessary costs to support (i) a Behavioral Health Access Line to connect individuals to behavioral health services, including clinical assessment and triage and (ii) a statewide system to deliver behavioral health crisis intervention services 24 hours per day and 7 days per week in mobile and community-based settings, available to all residents without regard to insurance.

There shall be credited to the fund all monies paid to the commonwealth under section 69A of chapter 118E and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund. At the option of the secretary of administration and finance in consultation with the secretary of health and human services, revenues equal to the amount of federal financial participation received by the commonwealth's General Fund for expenditures for the Behavioral Health Access Line may also be credited to the fund.

The fund may incur expenses, and the comptroller shall certify for payment, amounts in anticipation of the most recent estimate of expected receipts, as certified by the secretary of health and human services. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. The secretary shall report annually, on or before August 1, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on mental health, substance use and recovery on the revenue and expenditure activity within the fund.

SECTION XX. Chapter 118E of the General Laws is hereby amended by inserting after section 69 the following section:-

Section 69A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meaning:-

"Fund", the Behavioral Health Access and Crisis Intervention Trust Fund established under section 2RRRRR of chapter 29.

"Payments subject to surcharge'', as defined in section 64.

"Surcharge payors'', those entities defined as surcharge payors pursuant to section 64, who made payments subject to surcharge in the amount of $1,000,000 or more during the previous state fiscal year or the most recent state fiscal year for which data is available.

"Total behavioral health surcharge amount", an amount equal to $33,700,000

(b) Under regulations adopted by the secretary of health and human services, each surcharge payor in the commonwealth shall pay to the secretary of health and human services, for deposit in the fund, a behavioral health payor surcharge assessed by the secretary. Surcharge payors shall pay the surcharge on a schedule determined by regulation. Each surcharge payor shall pay a portion of the total behavioral health surcharge amount proportional to their payments subject to surcharge during the most recent period for which data is available, as further defined in regulation.

(c) A surcharge payor's liability to the fund shall in the case of a transfer of ownership be assumed by the successor in interest to the surcharge payor.

(d) The executive office shall establish by regulation an appropriate mechanism for enforcing a surcharge payor's liability to the fund if a surcharge payor does not make a scheduled payment to the fund; provided, however, that the executive office may establish threshold liability amounts below which enforcement may be modified or waived. Such enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. Such enforcement mechanism may also include notification to the office of Medicaid requiring an offset of payments on the claims of the surcharge payor, any entity under common ownership or any successor in interest to the surcharge payor, from the office of Medicaid in the amount of payment owed to the fund including any interest and penalties, and to transfer the withheld amounts into the fund. If the office of Medicaid offsets claims payments as ordered by the office, the office of Medicaid shall be considered not to be in breach of contract or any other obligation for payment of non-contracted services, and a surcharge payor whose payment is offset under an order of the office shall serve all Title XIX recipients under the contract then in effect with the executive office. In no event shall the office direct the office of Medicaid to offset claims unless the surcharge payor has maintained an outstanding liability to the fund for a period longer than 45 days and has received proper notice that the office intends to initiate enforcement actions under regulations promulgated by the office.


Budget Amendment ID: FY2023-S4-575

EHS 575

DPH Laboratory Campus Designation

Mr. Cyr moved that the proposed new text be amended by inserting the following new section:- "SECTION XX. The Department of Public Health State Public Health Laboratory campus, located in the Jamaica Plain district of the city of Boston, shall be designated and known as the Dr. Alfred DeMaria, Jr. Campus, in recognition of Dr. Alfred DeMaria, Jr., a pioneer in epidemiology and former state epidemiologist, chief infectious disease medical officer, and assistant commissioner of the department of public health. A suitable marker bearing that designation shall be attached to the campus by the department of public health. Nothing in this section shall be construed to modify the designation of the tower building on said campus as the Dr. William A. Hinton Laboratory pursuant to chapter 124 of the acts of 2009."


Budget Amendment ID: FY2023-S4-576

EHS 576

Groundwork Somerville

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 4590-1507, by inserting the following:- "provided further, that not less than $50,000 shall be expended for Groundwork Somerville to fund programs for youth jobs in food access;" and in said item by striking out the figures “$6,135,000” and inserting in place thereof the figures “$6,185,000”.


Budget Amendment ID: FY2023-S4-576-R1

Redraft EHS 576

Groundwork Somerville

Ms. Jehlen 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 Groundwork Somerville, Inc. in the city of Somerville to fund programs for youth jobs in food access”; and in said section 2, in said item 4590-1507, by striking out the figure “$6,135,000” and inserting in place thereof the following figure:- “$6,185,000”.


Budget Amendment ID: FY2023-S4-577

EHS 577

Nuclear Monitoring and Oversight

Ms. Moran and Messrs. Cyr, O'Connor and Moore moved that the proposed new text be amended by inserting after section X the following 4 sections:-

"SECTION XX. Section 5K of chapter 111 of the General Laws, as so appearing, 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 United States 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 further 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: FY2023-S4-578

EHS 578

Dementia Care Coordination (DCC)

Mr. Tarr, Ms. DiZoglio, Messrs. Eldridge, Moore and Timilty, Ms. Moran, Mr. Brady, Ms. Gobi, Ms. Rausch, Messrs. Fattman and O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, in item 9110-1630, in line number 8, after the words “extreme financial hardship”, the words “provided further, not less than $300,000 for the Alzheimer's Association, Massachusetts Chapter, to expand access to an evidence-based program, Dementia Care Coordination (DCC) in order to reduce hospitalizations, emergency department visits and delay long-term care placements."


Budget Amendment ID: FY2023-S4-579

EHS 579

Newton At Home

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 $20,000 shall be expended for qualified seniors in the city of Newton to receive the services of Newton At Home, Inc.”; and by striking the figure "$22,401,019" and inserting in place thereof the following figure:- "$22,421,019".


Budget Amendment ID: FY2023-S4-580

EHS 580

Repealing the Sunset on Co-Pay Assistance

Messrs. Tarr and O'Connor moved that the proposed new text be amended by adding the following section:

“SECTION XXXX. Sections 131 and 226 of Chapter 139 of the Acts of 2012 are hereby repealed”.


SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2898

 

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

by inserting the following section:-

SECTION XX.  The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after chapter 112 the following new chapter:-

CHAPTER 112A PHYSICAL THERAPY LICENSURE COMPACT

Section 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services.  The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

1.Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;

2.Enhance the states’ ability to protect the public’s health and safety;

3.Encourage the cooperation of member states in regulating multi-state physical therapy practice;

4.Support  spouses of relocating military members;

5.Enhance the exchange of licensure, investigative, and disciplinary information between member states; and

6.Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

Section 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

1.“Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.

2.“Adverse Action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

3.“Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

4.“Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules.  The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

5. “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

6. “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

7.“Encumbered license” means a license that a physical therapy licensing board has limited in any way.

8.“Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

9.“Home state” means the member state that is the licensee’s primary state of residence.

10.“Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

11.“Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state. 

12.“Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

13.“Member state” means a state that has enacted the Compact.

14.“Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

15.“Physical therapist” means an individual who is licensed by a state to practice physical therapy.

16.“Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

17.“Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

18.“Physical Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

19.“Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.  

20. “Remote State” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

21.“Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.

22. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

Section 3. STATE PARTICIPATION IN THE COMPACT

A.To participate in the Compact, a state must:

1.Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

2.Have a mechanism in place for receiving and investigating complaints about licensees;

3.Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

4.Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;

5.Comply with the rules of the Commission;

6.Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

7.Have continuing competence requirements as a condition for license renewal.

B.Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. §534 and 42 U.S.C. §14616.

C.A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

D. Member states may charge a fee for granting a compact privilege

Section 4. COMPACT PRIVILEGE

A.To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

1.Hold a license in the home state;

2.Have no encumbrance on any state license;

3.Be eligible for a compact privilege in any member state in accordance                 with Section 4D, G and H;

4.Have not had any adverse action against any license or compact privilege within the previous 2 years;

5.Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

6. Pay any applicable fees, including any state fee, for the compact privilege;

7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

8.Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

B.The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.

C.A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

D.A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.  The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. 

E.If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

1.The home state license is no longer encumbered; and

2.Two years have elapsed from the date of the adverse action.

F.Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.

G.If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur: 

1.The specific period of time for which the compact privilege was removed has ended;

2.All fines have been paid; and

3.Two years have elapsed from the date of the adverse action.

H.Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

Section 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

A.Home of record;

B.Permanent Change of Station (PCS); or

C.State of current residence if it is different than the PCS state or home of record.

Section 6. ADVERSE ACTIONS

A.A home state shall have exclusive power to impose adverse action against a license issued by the home state.

B.A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

C.Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

D.Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

E.A remote state shall have the authority to:

1.Take adverse actions as set forth in Section 4.D. against a licensee’s compact privilege in the state;

2.Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

3.If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

F.Joint Investigations

1.In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

2.Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

Section 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.

A.The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:

1.The Commission is an instrumentality of the Compact states.

2.Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3.Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B.Membership, Voting, and Meetings

1.Each member state shall have and be limited to one (1) delegate selected by that member state’s licensing board.

2.The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.   

3.Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. 

4.The member state board shall fill any vacancy occurring in the Commission.

5.Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

6.A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

7.The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

C.The Commission shall have the following powers and duties: 

1.Establish the fiscal year of the Commission;

2.Establish bylaws; 

3.Maintain its financial records in accordance with the bylaws;

4.Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

5.Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

6.Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;

7.Purchase and maintain insurance and bonds;

8.Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

9.Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

10.Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

11.Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

12.Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

13.Establish a budget and make expenditures;

14.Borrow money;

15.Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

16.Provide and receive information from, and cooperate with, law enforcement agencies;

17.Establish and elect an Executive Board; and

18.Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

D.The Executive Board

The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact

1.The Executive Board shall be composed of nine members:

a.Seven voting members who are elected by the Commission from the current membership of the Commission;

b.One ex-officio, nonvoting member from the recognized national physical therapy professional association; and

c.One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

2.The ex-officio members will be selected by their respective organizations.

3.The Commission may remove any member of the Executive Board as provided in bylaws.

4.The Executive Board shall meet at least annually.

5.The Executive Board shall have the following Duties and responsibilities:

a.Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

b.Ensure Compact administration services are appropriately provided, contractual or otherwise;

c.Prepare and recommend the budget;

d.Maintain financial records on behalf of the Commission;

e.Monitor Compact compliance of member states and provide compliance reports to the Commission;

f.Establish additional committees as necessary; and

g.Other duties as provided in rules or bylaws.

E.Meetings of the Commission

1.All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.

2.The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:

a.Non-compliance of a member state with its obligations under the Compact;

b.The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

c.Current, threatened, or reasonably anticipated litigation;

d.Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

e.Accusing any person of a crime or formally censuring any person;

f.Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g.Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h.Disclosure of investigative records compiled for law enforcement purposes;

i.Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

j.Matters specifically exempted from disclosure by federal or member state statute.

3.If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

4.The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

F.Financing of the Commission

1.The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2.The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3.The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

4.The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

5.The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

G.Qualified Immunity, Defense, and Indemnification

1.The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2.The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

3.The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

Section 8. DATA SYSTEM

A.The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

B.Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

1.Identifying information;

2.Licensure data;

3.Adverse actions against a license or compact privilege;

4.Non-confidential information related to alternative program participation;

5.Any denial of application for licensure, and the reason(s) for such denial; and

6.Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

C.Investigative information pertaining to a licensee in any member state will only be available to other party states.

D.The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

E.Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F.Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

Section 9. RULEMAKING

A.The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B.If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

C.Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

D.Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1.On the website of the Commission or other publicly accessible platform; and

2.On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

E.The Notice of Proposed Rulemaking shall include:

1.The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

2.The text of the proposed rule or amendment and the reason for the proposed rule;

3.A request for comments on the proposed rule from any interested person; and

4.The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

F.Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

G.The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1.At least twenty-five (25) persons;

2.A state or federal governmental subdivision or agency; or

3.An association having at least twenty-five (25) members.

H.If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1.All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2.Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3.All hearings will be recorded. A copy of the recording will be made available on request.

4.Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

I.Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

J.If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

K.The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

L.Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1.Meet an imminent threat to public health, safety, or welfare;

2.Prevent a loss of Commission or member state funds;

3.Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

4.Protect public health and safety.

M.The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

Section 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A.Oversight

1.The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

2.All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

3.The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

B.Default, Technical Assistance, and Termination

1.If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

a.Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

b.Provide remedial training and specific technical assistance regarding the default.

2.If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

3.Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

4.A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

5.The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

6.The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

C.Dispute Resolution

1.Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

2.The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D.Enforcement

1.The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

2.By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

3.The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

Section 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A.The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

B.Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

C.Any member state may withdraw from this Compact by enacting a statute repealing the same.

1.A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2.Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

D.Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

E.This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

Section 12. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof.  The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.


Budget Amendment ID: FY2023-S4-582

EHS 582

Tri-Town Council

Mr. Tarr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 5042-5000, in line number 14 after the words "group care" "; provided further that not less than $150,000 shall be expended to the Tri-Town Council, serving the communities of Boxford, Middleton, and Topsfield, to provide training services including, but not limited to, mental health awareness and substance use prevention programming in schools and communities including, but not limited to: (i) educational programming for school staff; (ii) consultation services; and (iii) resource development to assist school districts and private schools in addressing the mental health needs of their students" and in said item by striking "$111,998,936" and inserting in place thereof the figures "$112,148,936"


Budget Amendment ID: FY2023-S4-583

EHS 583

Off-Island Medical Transportation

Mr. Cyr moved that the proposed new text be amended in section 2, in item 4000-0300, by adding the following:- “; provided further, that funds shall be expended to the Nantucket Cottage Hospital and Martha’s Vineyard Hospital for off-island medical transportation, including the transportation of patients with behavioral health conditions.”.


Budget Amendment ID: FY2023-S4-584-R1

Redraft EHS 584

Villages of the Berkshires

Mr. Hinds 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 $50,000 shall be provided to Villages of the Berkshires, Inc."; and

in said section 2, in said item 9110-9002, by striking out the figure "$22,401,019" and inserting in place thereof the following figure:- "$22,451,019".


Budget Amendment ID: FY2023-S4-584

EHS 584

Villages of the Berkshires

Mr. Hinds moved that the proposed new text be amended in section 2, in item 9110-1630, by inserting at the end thereof the following:- "provided that not less than $50,000 be provided to Villages of the Berkshires, Inc" and, in said item, by striking out the figure "$200,215,552" and inserting in its place the figure:- "200,265,552".


Budget Amendment ID: FY2023-S4-586

EHS 586

Diaper Benefit Pilot Program

Messrs. Tarr and O'Connor moved that the proposed new text be amended by adding the following section

SECTION XXXX. (a) As used in this section, the following words shall have the following meanings unless context clearly requires otherwise:

“Commissioner,” the commissioner of the department of public health.

“Department,” the department of public health.

“Fund,” the diaper benefits trust fund.

“Organization,” an entity, including but not limited to, that acts in whole or in part as a diaper bank, diaper distribution organization, food bank or food pantry.

“Pilot program,” an organization or organizations receiving funds from the department to provide diapers to low-income families with diaper-wearing infants and/or children. Organizations may collaborate to maximize distribution in their respective regions.

(b) Notwithstanding any general or special law to the contrary, there shall be established and set up on the books of the commonwealth a fund to address diaper insufficiency that shall be administered by the commissioner. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further the pilot program. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.

(c) The department shall distribute resources from the fund by issuing a request for proposal through which an organization or organizations may apply. Funds received shall be used for one or more of the following purposes: (i) acquiring diapers, (ii) storing diapers, (iii) distributing diapers, (iv) organizing diaper drives, or (v) marketing the pilot program. The department shall grant funds based on the demonstrated capacity and need of the applicant.

The department shall fund up to 12 applicants no more than 2 of which shall be from the western region of the commonwealth; no more than 2 of which shall be from the central region of the commonwealth; no more than 2 of which shall be from the eastern region of the commonwealth; no more than 2 of which shall be from the southeastern region of the commonwealth; no more than 2 of which shall be from Cape Cod or the Islands; and no more than 2 of which shall be from the Merrimack valley.

Amounts received from private sources shall be approved by the commissioner of the department and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on distributing diapers.

 

(d) Not later than one year after the implementation of each pilot program said department shall provide a report to the joint committee on children, families and persons with disabilities and to the house and senate committees on ways and means. The report shall include, but not be limited to: (i) the number of children receiving diapers through the pilot program; (ii) the number of households receiving diapers through the pilot program; (iii) the number of diapers distributed through the pilot program to families in each region; (iv) an explanation of the organization's distribution process and allocation determination; (v) the sources and the amounts remaining in the fund; (vi) if and how the pilot program was able to leverage additional support; (vii) the amounts distributed and the purpose of expenditures from the fund; and (viii) the advisability of expanding the pilot program.

 

On the effective date of this act, the comptroller shall transfer no less than $2,000,000 from the General Fund to the Diaper Benefits Trust Fund established in this section for the purposes of carrying out this act.


Budget Amendment ID: FY2023-S4-588

EHS 588

Greater Boston Sickle Cell Disease Association

Messrs. Collins and Crighton, Ms. DiZoglio, Mr. Brady and Ms. Lovely moved that the proposed new text be amended “;provided further that not less than $250,000 shall be expended for the Greater Boston Sickle Cell Disease Association”


Budget Amendment ID: FY2023-S4-589

EHS 589

Expanding Testing Opportunities for Optometrists

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

“SECTION XX. Section 68C of Chapter 112 of the General Laws is hereby amended by striking out the words: "(A) be administered by the Massachusetts Society of Optometrists, Inc.; (B) be accredited by a college of optometry or medicine; and (C) meet the guidelines and requirements of the board of registration in optometry." and replace them with the words:- "(A) be accredited by a college of optometry or medicine; and (B) meet the guidelines and requirements of the board of registration in optometry."


Budget Amendment ID: FY2023-S4-590

EHS 590

Lysosomal Storage Disorders in Infants

Messrs. Fattman and Moore moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Section 110A of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 3, after the word “cretinism” the following words:- Krabbe, Fabry, Gaucher, Pompe, MPS I, Niemann Pick A/B [disease].”


Budget Amendment ID: FY2023-S4-591-R1

Redraft EHS 591

Special Commission to Broaden Availability of Naloxone

Mr. Fattman moved that the proposed new text be amended by adding the following sections:-

"SECTION XX. Notwithstanding any general or special law to the contrary, any emergency medical technician, as defined by section 1 of chapter 111C of the General Laws, who has been (i) awarded a paramedic certification from the National Registry of Emergency Medical Technicians, (ii) awarded an EMT-Paramedic certificate as administered by the department of public health, and has (iii) completed no less than 9,000 hours of paramedic work for any licensed ambulance service in the commonwealth after receiving said certificates, shall not be required to graduate from a Board of Registration in Nursing approved nursing program in the commonwealth to participate in the National Council Licensure Exam (NCLEX).

SECTION XX. Any emergency medical technician shall be required to provide specific documentation for Good Moral Character (GMC) evaluation as defined in sections 74, 74A, and 76 of chapter 112 of the General Laws to be licensed as a registered nurse in the commonwealth.

SECTION XX. The department shall implement said changes within one year of the passage of this act."


Budget Amendment ID: FY2023-S4-591

EHS 591

Special Commission to Broaden Availability of Naloxone

Messrs. Fattman and Tarr moved that the proposed new text be amended by adding the following section:-

“SECTION XX. Resolved, that a special commission to study the alternative and develop recommendations to broaden the availability of naloxone without prescription, including but not limited to recommendations on the standing order process, the collaborative practice agreement process, and/or legislative recommendations.

The special commission shall consist of: the secretary of health and human services or their designee, who shall serve as chair; the commissioner of the division of insurance or their designee; three members to be appointed by the governor, which shall include; one person who is a prescribing physician, one person who is a stakeholder within a retail pharmacy company, and one member of the general citizenry impacted by the opiate epidemic; two members of the house of representatives, one of whom to be appointed by the minority leader; two members of the senate, one of whom to be appointed by the minority leader; the director of the board of pharmacy or their designee; the director of the bureau of substance abuse services or their designee; provided, however, that the first meeting of the commission shall take place not later than January 1, 2023.

The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the house of representatives and the senate, the chairs of the joint committee on mental health and substance abuse not later than May 1, 2023.”


Budget Amendment ID: FY2023-S4-592

EHS 592

Artists Association of Nantucket

Mr. Cyr moved that the proposed new text be amended in section 2, in item 0640-0300, by adding the following:- “; provided further, that not less than $35,000 shall be expended to the Artists Association of Nantucket in order to provide scholarships for individuals and support mental health programming through the creative arts;”; and by striking the figure "$22,000,000" and inserting in place thereof the following figure:- "$22,035,000".


Budget Amendment ID: FY2023-S4-593-R1

Redraft EHS 593

Andover WWI Cannon Restoration

Mr. Finegold moved that the proposed new text be amended in section 2, in item 1410-1616, by adding the following words:- "; provided further, that not less than $10,000 shall be expended to the town of Andover for the restoration of the wheels on a World War I cannon".


Budget Amendment ID: FY2023-S4-593

EHS 593

Andover WWI Cannon Restoration

Mr. Finegold moved that the proposed new text be amended in section 2, in item 1410-1616, by adding the following words:- "; provided further, that not less than $10,000 shall be expended to the town of Andover for the restoration of wheels on a World War I cannon"; and in said item by striking out the figure “$760,000” and inserting in place thereof the figure “$770,000”.


Budget Amendment ID: FY2023-S4-594

EHS 594

Vaccine Administration by Pharmacy Technicians

Messrs. O'Connor and Tarr moved that the proposed new text be amended in section 2, SECTION X. Section 1 of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the definition of "administer" and replacing it with the following definition:-

 

''Administer'', the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by—

(a) a practitioner, or

(b) a nurse at the direction of a practitioner in the course of his professional practice, or

(c) a registered pharmacist or pharmacy intern, under the direct supervision of a pharmacist, acting in accordance with regulations promulgated by the department, in consultation with the board of registration in pharmacy and the department of mental health, governing pharmacist administration of medications for treatment of mental health and substance use disorder, including medications to manage adverse events resulting from such administration, and at the direction of a prescribing practitioner in the course of the practitioner's professional practice; or

(d) an ultimate user or research subject at the direction of a practitioner in the course of the practitioner's professional practice.

(e) a registered pharmacist, pharmacy intern, or pharmacy technician acting in accordance with regulations promulgated by the department, in consultation with the board of registration in pharmacy and immunization program, to administer immunizations and medications and to manage adverse events resulting from such administration.

 

SECTION XX. Section 24G of chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in lines 3, 6, and 9, by inserting the word “pharmacy” before the word “intern” in each instance,

 

and in the second paragraph by inserting the words “or pharmacy technician” after the word “intern” wherever it appears in the paragraph,

 

and by inserting at the end thereof the following paragraph:-

 

For the purposes of this section, ''pharmacy technician'' shall mean an individual who is (i) registered by the Board to perform specific pharmacy-related duties, and (ii) meets the qualifications as determined by the Board to administer immunizations.


Budget Amendment ID: FY2023-S4-595

EHS 595

World War II Memorial

Mr. Finegold moved that the proposed new text be amended in section 2, in item 1410-1616, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the construction of a World War II veterans memorial in the town of Wilmington" ; and in said item by striking out the figure “$760,000” and inserting in place thereof the figure “$785,000”.


Budget Amendment ID: FY2023-S4-595-R1

Redraft EHS 595

World War II Memorial

Mr. Finegold moved that the proposed new text be amended in section 2, in item 1410-1616, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the construction of a World War II veterans memorial in the town of Wilmington".


Budget Amendment ID: FY2023-S4-598

EHS 598

Department of Public Health Hospitals

Messrs. Finegold, Feeney and Cyr moved that the proposed new text be amended in section 2, in item 4590-0915, by striking out the figure "$190,394,959" and inserting in place thereof the following figure:- "$190,544,958".


Budget Amendment ID: FY2023-S4-599-R1

Redraft EHS 599

Regional Response Teams

Mr. Collins moved that the proposed new text be amended in section 2, in item 5011-0100, by adding the following words:- “; provided further, that not less than $250,000 shall be expended for the creation of a substance use disorder services team focused on the public health crisis at the high impact area of Massachusetts avenue and Melnea Cass boulevard in the city of Boston”; and

by striking out the figure “$31,986,331” and inserting in place thereof the following figure:- “$32,236,331”.


Budget Amendment ID: FY2023-S4-599

EHS 599

Regional Response Teams

Mr. Collins moved that the proposed new text be amended in section 2, in item 4000-0300, ; provided further that not less than $5,000,000 shall be expended to the Department of Mental Health to increase staffing, staff compensation, the expansion of the homeless outreach team and the creation of the Substance Use Disorder Services (SUDS) team and increase capacity at the Erich Lindemann Mental Health Center in response to the public health crisis focused on the high impact areas of Suffolk County, but not limited to Melnea Cass Boulevard and Massachusetts Avenue in the City of Boston.

 


Budget Amendment ID: FY2023-S4-600

EHS 600

Greater Boston Sickle Cell Disease Association

Mr. Collins moved that the proposed new text be amended in section 2, SECTION 1.Section 8(a) of Chapter 12C of the General Laws is amended by adding the following sentence after the first sentence thereof:

The center shall collect from each hospital its annual bad debt in total and broken down by the payer that insured the patient (including all commercial payers, government payers, and bad debt arising from services rendered to self-pay / uninsured patients); the claim denial rate by each commercial and government payer along with the annual dollar value of denied claims by payer; and an aged accounts receivable report by payer, and the center shall publish an annual report disclosing such data by hospital.


Budget Amendment ID: FY2023-S4-603

EHS 603

Services for Survivors of Homicide Victims

Messrs. Collins, Feeney, Timilty and O'Connor, Ms. Jehlen and Messrs. Tarr and Hinds moved that the proposed new text be amended in section 2, in item 4513-1098, by striking item 4513-1098 in its entirety and inserting in place thereof the following:-

4513-1098 For the provision of statewide support services for survivors of homicide victims, including outreach services, burial assistance, grief counseling and other support services; provided, that funds shall be expended as grants in the aggregate amount of not less than $200,000 to the Louis D. Brown Peace Institute Corporation, a community-based support organization dedicated to serving families and communities impacted by violence; and provided further, that the Louis D. Brown Peace Institute Corporation shall establish and administer a process to distribute not less than $100,000 to the Massachusetts Survivors of Homicide Victims Network organizations throughout the commonwealth in the form of grants .............$300,000


Budget Amendment ID: FY2023-S4-606

EHS 606

City Year of Greater Boston

Messrs. Collins and Rush moved that the proposed new text be amended in section 2, in item 4590-1507, For City Year of Greater Boston, to increase and expand its educational instruction and social emotional services to high school students in the school districts of Boston and Everett;

provided, funds shall be used to increase the number of students receiving one-on-one and

small group instruction from City Year Corps members with a goal of increasing English and

math scores; provided further, the funds will be used to expand the social emotional support to

students from City Year Corps members with the goal of continuing to raise student attendance

and increase the student graduation rates in the schools where services are offered; provided

further, the funds will be used to expand capacity at extended day programs; provided further

the funds will increase the ability of City Year of Greater Boston to provide additional capacity

in the classroom for differentiated instruction;……..$500,000


Budget Amendment ID: FY2023-S4-608

EHS 608

Catholic Charities of Boston

Mr. Collins moved that the proposed new text be amended in section 2, in item 4800-0038, ; provided further, that not less than $500,000 of said funds shall be allocated for the Catholic Charities of Boston for programming, facility improvements, staffing and staff support.


Budget Amendment ID: FY2023-S4-608-R1

Redraft EHS 608

Catholic Charities of Boston

Mr. Collins moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for Catholic Charitable Bureau of the Archdiocese of Boston, Inc.; provided further, that not less than $100,000 shall be expended for the Cape Verdean Association of Boston Inc.; provide further, that not less than $100,000 shall be expended for the New England Medical Association, Inc. to support training, recruiting and retention of physicians of color across the commonwealth; provided further, that not less than $100,000 shall be expended for Julie’s Family Learning Program, Inc.; provided further, that not less than $100,000 shall be expended for the Caribbean American Carnival Association of Boston, Inc.; provided further, that not less than $100,000 shall be expended for the Ella J. Baker House Inc.; provided further, that not less than $100,000 shall be expended for the GK Fund, Inc; provided further, that not less than $100,000 shall be expended for College Bound Dorchester, Inc.’s Boston Uncornered program; provided further, that not less than $100,000 shall be expended for the Children’s Advocacy Center of Suffolk County, Inc.”; and

by striking out the figure “$235,00” and inserting in place thereof the following figure:- “$1,135,000”.


Budget Amendment ID: FY2023-S4-610

EHS 610

Dartmouth Council on Aging

Mr. Montigny 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 $100,000 shall be expended for the renovation of the Dartmouth Council on Aging kitchen.”.


Budget Amendment ID: FY2023-S4-611

EHS 611

Combating V.I.P. Medicine to Protect Health Care Integrity and Quality

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

“SECTION ___. Chapter 111 of the General Laws is hereby amended by inserting after section 53H the following section:-

Section 53I.  (a) Notwithstanding any general or special law to the contrary, no health care provider shall knowingly or intentionally violate department rules and regulations adopted under this chapter, at the direct request of a patient, authorized caregiver or other interested person.  Any violation shall be documented and reported by the health care provider to the department within 72 hours.  The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration.  A health care provider who fails to report a violation, as so provided, may be subject to additional penalties up to $50,000 per violation.

(b)  Notwithstanding any general or special law to the contrary, a health care provider shall not knowingly or intentionally designate, mark, label or confer any special status unrelated to medical diagnosis, treatment or care to a patient due to socio-economic status or direct relationship to the health care provider.  The department may impose penalties including, but not limited to, a fine of up to $5,000 per violation or complaint to the relevant board of registration.

(c) A penalty assessed under this section shall not preclude the department from assessing fees for violations under this chapter.

(d) A health care provider reporting a violation pursuant to this section shall be afforded protection from retaliatory action in accordance with section 187 of chapter 149.

(e) The commissioner may promulgate regulations to enforce this section.”.


Budget Amendment ID: FY2023-S4-612

EHS 612

Sickle Cell Anemia Study

Messrs. Collins and Crighton, Ms. DiZoglio, Mr. Brady, Ms. Lovely and Ms. Edwards moved that the proposed new text be amended [Biennial Review of Medications and Forms of Treatment for SCD]

SECTION 1. Chapter 118E of the general laws is hereby amended by adding the following new section:-

Section 80.(a) Every two years and no later than November 15 of each such year, the executive office shall complete and publish a report that details the findings from a review based on data collected for the prior two years as required under this section.   The purpose of the review is to determine if the available covered medications, treatments, and health care services are adequate to meet the needs of MassHealth enrollees, including but not limited to needs based on demographic characteristics of such enrollees, and whether the division should seek to add or facilitate access to additional medications. treatments, or services based on said review.  Each report shall detail the results of the review, and shall include any recommendations for improvements in the delivery of health care services to MassHealth enrollees with a diagnosis of sickle cell disease.

(b) Each review shall include, without limitation, the following:

(1) the extent to which healthcare transitional programs or services offered or covered by the division prepare, transfer, and integrate emerging adults with sickle cell disease into the adult care setting;

(2) the extent to which providers of emergency medical services to MassHealth enrollees are adequately trained and otherwise prepared to treat and manage sickle cell patients presenting with vaso-occlusive crises, including without limitation the extent to which such providers follow clinically validated algorithms and protocols regarding such treatment and management;

(3)  the number of people with sickle cell disease (SCD) who had a hospitalization or an emergency department visit with a vaso-occlusive episode or pain crisis more than twice a year, including the average length of stay for such visits.

(c)When conducting each review required under this section, the executive office shall solicit and consider input from the general public, with specific emphasis on receiving input from sickle cell patients as well as persons or groups with knowledge, experience or specialized expertise in the area of sickle cell disease treatment. The executive office may hold one or more public hearings for the purpose of soliciting such input no later than April 31of each year that the review is conducted.

(d)  Each report required to be completed under this section shall be filed with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means, and shall also be published on the division’s website in a manner accessible by the general public.


Budget Amendment ID: FY2023-S4-612-R1

Redraft EHS 612

Sickle Cell Anemia Study

Messrs. Collins and Crighton, Ms. DiZoglio, Mr. Brady, Ms. Lovely and Ms. Edwards moved that the proposed new text be amended by adding after section 56 the following section:-

“SECTION 56A. The executive office of health and human services shall study and publish a report on the needs of MassHealth enrollees with a diagnosis of sickle cell disease and the adequacy of available covered medications, treatments and health care services to meet those needs. The report shall include, but not be limited to, an examination of: (i) the extent to which health care transitional programs or services offered or covered by the division of medical assistance transfer and integrate children and young adults with a diagnosis of sickle cell disease into the adult care setting; (ii) the extent to which providers of emergency medical services to MassHealth enrollees are adequately trained and otherwise prepared to treat and manage enrollees with a diagnosis of sickle cell disease presenting with vaso-occlusive crises, including, but not limited to, the extent to which such providers follow clinically-validated algorithms and protocols regarding such treatment and management; and (iii) to the extent practicable, the number of enrollees with a diagnosis of sickle cell disease with 2 or more vaso-occlusive episode or pain crisis related hospitalizations or emergency department visits and the average length of stay for each such hospitalization or visit. The report shall also include a recommendation as to whether the division should seek to expand access to medication, treatment or health care services for MassHealth enrollees with a diagnosis of sickle cell disease and any other recommendations that would help address the unmet medical needs of such enrollees.

When conducting the study, the executive office shall solicit and consider input from the general public, with specific emphasis on receiving input from individuals diagnosed with sickle cell disease as well as persons or groups with knowledge, experience or specialized expertise in sickle cell disease treatment. The executive office shall hold at least 1 public hearing for the purpose of soliciting such input.

Not later than April 30, 2023, the executive office shall file the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means and the division shall make the report publicly available on the division’s website.”.


Budget Amendment ID: FY2023-S4-613

EHS 613

Improving Infection Control Within Long-Term Care Facilities

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

“SECTION ___. Notwithstanding any general or special law to the contrary, the department of public health shall promulgate regulations to ensure each long-term care facility, licensed pursuant to section 71 of chapter 111, establishes and maintains an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. Said regulations shall include, but not be limited to, the following:

(a) Infection prevention and control program. Each facility must establish an infection prevention and control program that must include, at a minimum, the following elements:

(1) A system for preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, volunteers, visitors, and other individuals providing services under a contractual arrangement.

(2) Written standards, policies, and procedures for the program, which must include, but are not limited to:

(i) A system of surveillance designed to identify possible communicable diseases or infections before they can spread to other persons in the facility;

(ii) When and to whom possible incidents of communicable disease or infections should be reported;

(iii) Standard and transmission-based precautions to be followed to prevent spread of infections;

(iv) When and how isolation should be used for a resident; including but not limited to:

(A) The type and duration of the isolation, depending upon the infectious agent or organism involved, and

(B) A requirement that the isolation should be the least restrictive possible for the resident under the circumstances.

(v) The circumstances under which the facility must prohibit employees with a communicable disease or infected skin lesions from direct contact with residents or their food, if direct contact will transmit the disease; and

(vi) The hand hygiene procedures to be followed by staff involved in direct resident contact.

(3) An antibiotic stewardship program that includes antibiotic use protocols and a system to monitor antibiotic use.

(4) A system for recording incidents identified under the facility's infection prevention and control program and the corrective actions taken by the facility.

(b) Infection preventionist. The facility must designate one or more individuals as the infection preventionist who are responsible for the facility's infection prevention and control plan. The infection preventionist must:

(1) Have primary professional training in nursing, medical technology, microbiology, epidemiology, or other related healthcare field;

(2) Be qualified by education, training, experience or certification;

(3) Work full-time at the facility; and

(4) Have completed specialized training in infection prevention and control.

(c) Infection prevention training for staff and volunteers. The individual designated as the infection preventionist, or at least one of the individuals if there is more than one infection preventionist, must provide orientation and annual in-service training to all staff, including temporary staff and volunteers, on infection control policies and procedures.  The infection preventionist shall document the date and time of said training for each staff person and report to the department not less than once per calendar year.”.


Budget Amendment ID: FY2023-S4-614

EHS 614

Preventing Patient Abuse & Death in Nursing Homes

Mr. Montigny, Ms. Lovely and Messrs. O'Connor and Pacheco moved that the proposed new text be amended by adding after section ___ the following section:-

“SECTION ___.  Section 73 of chapter 111 of the General Laws is hereby amended by striking out the second paragraph in its entirety and inserting in place thereof the following paragraph:-

Notwithstanding the above paragraph, whoever violates any rule or regulation made pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $22,320, unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any licensee violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order said licensee, in writing, to correct or remedy such condition, and if such licensee fails or refuses to comply with such order, each day during which such failure or refusal to comply continues shall constitute a separate offense.  Fines collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to the General Fund.”.


Budget Amendment ID: FY2023-S4-615

EHS 615

Nursing Home Resident Protection

Mr. Montigny, Ms. Lovely and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 4000-0601, by adding the following words:- “provided further, that not later than January 1, 2023, MassHealth shall report to the chairs of the house and senate committees on ways and means the following for fiscal year 2022: (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: FY2023-S4-615-R1

Redraft EHS 615

Nursing Home Resident Protection

Mr. Montigny, Ms. Lovely and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 4000-0601, by adding the following words:- “; provided further, that not later than January 1, 2023, MassHealth shall report to the house and senate committees on ways and means detailing, for fiscal year 2022: (a) the number of nursing facility clients on a leave of absence, delineated by the nursing facility, 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) the 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 rates in clause (c); and (e) the aggregate payment amount per nursing facility by month; provided further, that the information in such reports shall be delineated by nursing facility, including grand totals where appropriate”.


Budget Amendment ID: FY2023-S4-616

EHS 616

Homeless Veterans Program

Messrs. Eldridge, Moore, Finegold and O'Connor moved that the proposed new text be amended in section 2, in item 1410-0012, by inserting after the words:- “provided further, that the department of veterans’ services shall make a payment of not less than the amount appropriated for each outreach center funded by this item in fiscal year 2022”; the following words:- “provided further, that not less than $75,000 be expended to Soldier On, Inc. for the operation of the Fort Devens 12 bed homeless veterans program;”; and by striking out the figure "$9,154,222" and inserting in place thereof the following figure:- "$9,229,222".


Budget Amendment ID: FY2023-S4-617

EHS 617

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 as a grant for Immigrants Assistance Center, Inc. to provide citizenship and workforce readiness programming in the city of New Bedford".


Budget Amendment ID: FY2023-S4-617-R1

Redraft EHS 617

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 as a grant for Immigrants Assistance Center, Inc. in the city of New Bedford to provide citizenship and workforce readiness programming "; and

in said section 2, in said item 4003-0122, by striking out the figure “$1,033,019” and inserting in place thereof the following figure:- “$1,108,019”.


Budget Amendment ID: FY2023-S4-618

EHS 618

Greater New Bedford Community Health Center

Mr. Montigny moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for Office-Based Addiction/Opioid Treatment, a program of the Greater New Bedford Community Health Center”.


Budget Amendment ID: FY2023-S4-619-R1

Redraft EHS 619

Towsend VFW

Mr. Cronin 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 $10,000 shall be expended to the Massachusetts VFW Foundation, Inc. for accessibility improvements to the VFW Post 6538 in the town of Townsend”; and in said section 2, in said item 1410-0012, by striking out the figure “$9,154,222” and inserting in place thereof the following figure:- “$9,164,222”.


Budget Amendment ID: FY2023-S4-619

EHS 619

Towsend VFW

Mr. Cronin 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 $10,000 shall be expended to the Massachusetts VFW Foundation Inc. for accessibility improvements to the Towsend VFW; and by striking out the figure “$9,154,222” and inserting in place thereof the following figure:- “$9,164,222”.


Budget Amendment ID: FY2023-S4-620-R1

Redraft EHS 620

Transparency and Accountability for Assisted Living Residences

Messrs. Montigny, Eldridge, Moore and Velis, Ms. Moran, Ms. Gobi, Ms. Lovely and Messrs. O'Connor and Tarr moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A.  Notwithstanding any general or special law to the contrary, there shall be an assisted living commission to study and recommend policies to ensure assisted living residences adequately meet the health and safety needs of residents. The study shall examine: (i) the current statutory and regulatory oversight of assisted living residences; (ii) assisted living best practices in other states; (iii) the benefits and disadvantages of licensing or certifying residences; (iv) marketing information communicated by residences to potential residents and families; (v) regulatory procedures for opening, closing or changing ownership of a residence including determination of need processes and clustering of facilities; (vi) trends in incident reports made to the executive office of elder affairs and the long term care ombudsman’s office and resolutions of such incidents; (vii) methods to provide transparency of information for potential consumers and family members researching and comparing residences; (viii) safety standards; (ix) existing consumer protections in statute and regulation; and (x) the provision of health care services in residences.

The commission shall consist of: the secretary of elder affairs or a designee, who shall serve as chair; the commissioner of public health or a designee; the assistant secretary of MassHealth or a designee; the long term care ombudsman or a designee; the chairs of the joint committee on elder affairs or designees; and 8 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts chapter of the National Academy of Elder Law Attorneys, 1 of whom shall be a representative of LeadingAge Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Assisted Living Association, Inc., 1 of whom shall be a representative of AARP Massachusetts, 1 of whom shall be a representative of the New England chapter of the Gerontological Advanced Practice Nurses Association, 1 of whom shall be a representative of the Massachusetts chapter of the Alzheimer’s Association and 2 of whom shall be residents or family members of residents at an assisted living residence.

The commission shall meet not less than 6 times, including at least 1 public hearing, and shall produce a report detailing recommendations, which shall be published online by the executive office of elder affairs.

The commission shall file its report and recommendations, including proposed drafts of any necessary legislation or regulations, to the clerks of the senate and house of representatives, the joint committee on elder affairs and the house and senate committees on ways and means not more than 1 year following the effective date of this act.”.


Budget Amendment ID: FY2023-S4-620

EHS 620

Transparency and Accountability for Assisted Living Residences

Messrs. Montigny, Eldridge, Moore and Velis, Ms. Moran, Ms. Gobi, Ms. Lovely and Messrs. O'Connor and Tarr moved that the proposed new text be amended in section 2, in item 9110-0100, by adding after the following words:- “; provided that, not less than $60,000 shall be allocated to develop and publish web pages, within the executive office of elder affairs website and accessible to the public, with sufficient information for consumers to compare certified assisted living facilities in the commonwealth; provided further, that said web pages shall include, but not be limited to, summaries of certification reviews, letters of correction, summary census data, number and type of substantiated complaints and incident reports, and ownership information”; and

by inserting after section ___, the following new section:-

“SECTION ___.  Notwithstanding any general or special law to the contrary, there shall be an Assisted Living Oversight Commission, the purpose of which shall be to study and recommend policies to ensure assisted living residences adequately meet the health and safety needs of residents.

The commission shall consist of 15 members, whom shall be as follows: - the secretary of elder affairs or their designee who shall serve as chair; the commissioner of the department of public health or their designee; the attorney general or their designee; the assistant secretary of MassHealth or their designee; the long-term care ombudsman or their designee; the house and senate chairs of the joint committee on elder affairs or their designee; and 8 members to be appointed by the Governor, 1 of whom shall be nominated by the National Academy of Elder Law Attorneys, Massachusetts Chapter, 1 of whom shall be nominated by Leading Age Massachusetts, 1 of whom shall be nominated by Massachusetts Assisted Living Association, 1 of whom shall be nominated by AARP Massachusetts, 1 of whom shall be nominated by nominated by the geriatric nurse association, 1 of whom shall be nominated by the Alzheimer’s Association, and 2 of whom shall be residents or family members of residents of an assisted living residence.

The commission shall meet not less than 6 times, including at least 1 public hearing, and shall produce a report detailing recommendations, which shall be published online by the Executive Office of Elder Affairs.  The report shall examine the current statutory and regulatory oversight of assisted living residences in the commonwealth; best practices in other states; resources necessary to license or certify residences; marketing information communicated by residences to potential residents and families; regulatory procedures for opening, closing or changing ownership of a residence including determination of need processes and clustering of facilities; disclosure of incident reports made to the Executive Office of Elder Affairs and the Ombudman’s office; trends in incident reports and resolutions; methods to provide transparency of information for potential consumers and family members trying to compare residences; safety standards; consumer protections in statute and regulation; scope of residency agreement provisions including waiver of liability, waiver of jury trial, indemnity, and arbitration clauses; expansion of MassHealth in residences; and the provision of health care services in residences.

The commission shall submit the report with recommendations, including drafts of legislation or regulations necessary to carry out said recommendations, to the clerks of the house of representatives and the senate, the joint committee on elder affairs and the house and senate committees on ways.  Said report shall be submitted not later than one year following the effective date of this act.”.


Budget Amendment ID: FY2023-S4-621

EHS 621

Cape Cod & Islands Veterans Outreach Center

Mr. Cyr moved that the proposed new text be amended in section 2, in item 1410-0250, by adding the following words:- “; provided further, that not less than $55,000 shall be expended to the Cape and Islands Veterans Outreach Center, Inc. for veterans housing and homelessness prevention services, including a contract for services with the Blinded Veterans Association of Cape Cod and the Islands;”.


Budget Amendment ID: FY2023-S4-621-R1

Redraft EHS 621

Cape Cod & Islands Veterans Outreach Center

Messrs. Cyr and O'Connor moved that the proposed new text be amended in section 2, in item 1410-0250, by adding the following words:- “; provided further, that not less than $55,000 shall be expended to the Cape and Islands Veterans Outreach Center, Inc. for veterans housing and homelessness prevention services, including a contract for services with the Blinded Veterans Association of Cape Cod and the Islands”; and

in said section 2, in said item 1410-0250, by striking out the figure "$4,162,655" and inserting in place thereof the following figure:- "$4,217,655".


Budget Amendment ID: FY2023-S4-622

EHS 622

Applied Behavior Analysis, ARC Adult Day Habilitation Pilot

Mr. Feeney moved that the proposed new text be amended in section 2, in item 5920-2025, by adding the following words:- "; provided further, that $200,000 shall be expended to The Arc of Massachusetts for a pilot program that designates service providers of day habilitation programs in the Commonwealth of Massachusetts to choose approximately 50 adult individuals diagnosed with a developmental disability, an intellectual disability, or an autism spectrum disorder currently enrolled in a day habilitation program and qualified to receive Applied Behavior Analysis services for a six-month period; provided that qualified individuals must be aged 21 years or older and the ABA services must be diagnosed by a licensed physician or a licensed psychologist as a habilitative and rehabilitative medically necessary treatment, with permission granted by the individual or authorized guardian along with the prescribing clinician or physician, performed by an ABA service provider identified as a Board Certified Behavior Analyst (BCBA), Board Certified Assistant Behavior Analysts (BCaBA), or a Registered Behavior Technician (RBT); provided further, that The Arc of Massachusetts establish data collection mechanisms with prescribing clinician, ABA provider, and service provider no later than 3 weeks prior to pilot program beginning; provided further, that the pilot program occur from July 1, 2022 to December 31, 2022; provided further, that not later than March 3, 2023, The Arc of Massachusetts shall submit a report to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities detailing: (i) the costs of the ABA services of the adult individuals over the 6 month period and a review of savings in other areas including but not limited to hospitalization, growth in independence, and/or maintenance of skills; (ii) the number of individuals’ engagement/touches and case summaries during the sixth month period;  and (iii) any benefits of the ABA services including, but not limited to, improvements in communication, games, sports, social interaction, daily living or self-help skills by those served after 6 months of individualized services"; and by striking out the figure “$227,362,283” and inserting in place thereof the following figure:- “$227,562,283”.


Budget Amendment ID: FY2023-S4-622-R1

Redraft EHS 622

Applied Behavior Analysis, ARC Adult Day Habilitation Pilot

Messrs. Feeney and O'Connor moved that the proposed new text be amended in section 2, in item 5920-2025, by inserting after the word “expansion”, in line 19, the following words:- “; provided further, that not less than $200,000 shall be expended for The Arc of Massachusetts to create a pilot program for individuals currently enrolled in day habilitation programs with a developmental disability, an intellectual disability or an autism spectrum disorder to receive applied behavior analysis services for a 6-month period; provided further, that such individuals shall be 21 years of age or older; provided further, that the pilot program shall occur from September 1, 2022 to March 1, 2023; provided further, that not later than May 1, 2023, The Arc of Massachusetts shall submit a report on the results of the program to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities; provided further, that such report shall include, but not be limited to: (a) the total cost of providing applied behavior analysis services; (b) the number of individuals served by the program; (c) the cost of services per individual; (d) savings associated with the provision of applied behavior analysis services; and (e) aggregated benefits to individuals associated with applied behavior analysis services”; and by striking out the figure “$227,362,283” and inserting in place thereof the following figure:- “$227,562,283”.


Budget Amendment ID: FY2023-S4-623

EHS 623

Increasing HIV Drug Assistance Program Funding

Ms. DiZoglio and Mr. Moore moved that the proposed new text be amended in section 2, in item 4512-0106, by striking out the figure "$15,000,000" in each case it appears and inserting in place thereof the following figure:- "$16,000,000".


Budget Amendment ID: FY2023-S4-625

EHS 625

Common Application Portal

Messrs. DiDomenico and Velis, Ms. Rausch, Mr. Eldridge, Ms. Comerford, Ms. Chang-Diaz, Messrs. Tarr and Keenan, Ms. Jehlen, Messrs. Moore, Collins and Timilty, Ms. Moran, Mr. Brady, Ms. Gobi, Messrs. Lesser, Hinds and Feeney, Ms. Lovely, Messrs. Gomez and O'Connor and Ms. Creem moved that the proposed new text be amended by inserting after section 3 the following section:-

"Section 3A. Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:- Section 18AA. Notwithstanding any general or special law to the contrary, the executive office of health and human services and the executive office of housing and economic development, in coordination with the division of medical assistance, the department of transitional assistance, the department of early education and care, the executive office of education and the department of housing and community development, shall develop and implement a secure common application portal for individuals to simultaneously apply for state-administered needs-based benefits and services. The common application shall allow individuals the option to apply simultaneously for MassHealth coverage, the supplemental nutrition assistance program, income supports under chapter 117A and chapter 118, veterans’ services benefits under chapter 115, child care subsidies, housing subsidies, fuel assistance and other needs-based health care, nutrition and shelter benefits. The common application shall, with the consent of the applicant, allow the state agencies responsible for determining eligibility for the benefits requested to share relevant eligibility information and supporting documentation submitted by the applicant as needed to determine eligibility for other benefits."


Budget Amendment ID: FY2023-S4-627

EHS 627

Timely disbursement of skilled nursing funds

Mr. Cyr, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 4000-0641, by striking out the words:- “; provided further, that not less than $56,250,000 shall be expended for the purpose of direct care staffing costs in nursing facilities and shall be distributed to nursing facilities in the form of a rate add-on solely for the purpose of permissible direct care costs as determined by MassHealth, in consultation with the Massachusetts Senior Care Association; provided further, that said rate add-on shall be based on a facility's total Medicaid days; provided further, that not less than $18,750,000 shall be distributed to nursing facilities in the form of a supplemental payment to promote quality improvement using a methodology as determined by MassHealth, in consultation with the Massachusetts Senior Care Association;” and inserting in place thereof the following words:-

 

“provided further, that effective July 1, 2022 not less than $56,250,000 shall be expended for the purpose of direct care staffing costs in nursing facilities and shall be distributed to nursing facilities in the form of a rate add-on solely for the purpose of permissible direct care costs as determined by MassHealth, in consultation with the Massachusetts Senior Care Association; provided further, that said rate add-on shall be based on a facility's total Medicaid days; provided further, that effective July 1, 2022 not less than $18,750,000 shall be distributed to nursing facilities in the form of a supplemental payment to promote quality improvement using a methodology as determined by MassHealth, in consultation with the Massachusetts Senior Care Association;”