Consolidated Amendment "D" to H3900

Public Health/Mental Health & Disability

Fiscal Note: $17,120,000

 

Amendments from Public Health: 14, 36, 38, 39, 93, 95, 97, 152, 154, 158, 163, 190, 193, 198, 211, 220, 221, 251, 294, 311, 321, 336, 341, 342, 403, 429, 438, 451, 503, 504, 506, 507, 515, 519, 520, 523, 533, 537, 539, 540, 563, 584, 586, 597, 601, 604, 616, 618, 621, 636, 650, 654, 710, 732, 738, 749, 751, 778, 783, 797, 827, 828, 854, 855, 867, 883, 891, 913, 947, 963, 964, 967, 1004, 1013, 1022, 1032, 1033, 1035, 1047, 1049, 1057, 1061, 1095, 1097, 1098, 1102, 1134, 1136, 1141, 1144, 1148, 1159, 1164, 1178, 1186, 1188, 1190, 1199, 1226, 1241, 1258, 1259, 1263, 1267, 1273, 1301, 1349, 1356, 1373, 1375, 1377, 1389, 1392, 1400, 1405, 1406, 1412, 1430, 1437, 1442, 1443, 1454, 1465, 1469, 1474, 1481, 1489, 1502, 1503, 1508, 1509, 1528, 1537, 1561

 

Amendments from Mental Health & Disability Services: 2, 55, 233, 264, 324, 375, 439, 509, 546, 589, 608, 630, 649, 660, 727, 728, 730, 731, 750, 789, 798, 817, 986, 1008, 1012, 1028, 1054, 1101, 1232, 1261, 1288, 1326, 1362, 1409, 1423, 1472, 1496, 1500, 1535

 

Mr. Michlewitz of Boston and others moves to amend H.3900 in section 2, in item 4510-0100, by striking out the figure “$22,492,001”, the first time it appears, and inserting in place thereof the following figure:- $850,000

 

And further amend said section 2, in item 4510-0110, by inserting after the words “42 U.S.C. section 254c(f)(1)” the following words:- ; provided further, that not less than $50,000 shall be expended for the Mattapan Community Health Center, Inc. for staff retention to sustain services and meet community needs; provided further, that not less than $300,000 shall be expended for a federally qualified community health center with a 24/7 satellite emergency facility licensed under 105 C.M.R. 130 to improve patient access to emergency services by renovating front door and reconstructing sidewalk access; provided further, that not less than $100,000 shall be expended for the continuation of a comprehensive substance abuse and narcotic use reduction program at a federally qualified health center located in South Boston; provided further, that not less than $250,000 shall be expended for NEW Health – Charlestown for the operation and maintenance treatment of substance use disorder; and provided further, that not less than $200,000 shall be expended for the Public Health Institute of Western Massachusetts to support the 413Cares centralized database of community services in western Massachusetts

 

And further amend said item by striking out the figure “$3,112,958”, the first time it appears, and inserting in place thereof the following figure:- $350,000

 

And further amend said item by striking out the figure “$3,112,958”, the second time it appears, and inserting in place thereof the following figure:- $4,012,958

 

And further amend said section 2, in item 4510-0710, by inserting after the words “ambulance services” the following words:- ; provided further, that not less than $75,000 shall be expended for the Medical OnSite Academy to address behavioral health needs of employees that work in the medical field, including, but not limited to, critical incident stress management, substance abuse, post-traumatic stress disorder, issues resulting from increased stress due to the COVID-19 pandemic, continued staffing shortages and workplace violence in the medical field

 

And further amend said item by striking out the figure “$15,345,492” and inserting in place thereof the following figure:- $15,420,492

 

And further amend said section 2, in item 4512-0200, by inserting after the words “reimbursement for such services” the following words:- ; provided further, that not less than $20,000 shall be expended for To the Moon and Back, Inc. for services and programs to support families and children born opiate-dependent with neonatal abstinence syndrome; provided further, that not less than $100,000 shall be expended for the police department in Lynn for the behavioral health unit; 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; provided further, that not less than $200,000 shall be expended for the operation of The Dimock Center’s behavioral health continuum of care to provide comprehensive treatment for individuals suffering from substance use disorder and other behavioral health challenges, address workforce challenges and reduce barriers to care; provided further, that not less than $100,000 shall be expended for the operation of The Gavin Foundation, Inc.’s behavioral health continuum of substance use care to provide comprehensive treatment for individuals suffering from substance use disorder and other behavioral health challenges; provided further, that not less than $200,000 shall be expended for the Joseph Nee Collaborative Center for substance use disorder programming

 

And further amend said item by striking out the figure “$208,154,157” and inserting in place thereof the following figure:- $208,949,157

 

And further amend said section 2, in item 4512-0204, by inserting after the word “overdose” the following words:- ; provided further, that not less than $25,000 shall be expended for the Merrimack Valley Prevention and Substance Abuse Project, Inc. for resources, community outreach and programs in the Merrimack valley

 

And further amend said item by striking out the figure “$1,140,480” and inserting in place thereof the following figure:- $1,165,480

 

And further amend said section 2, in line item 4512-0205, by inserting after the word “services” the following words:- ; provided, that not less than $50,000 shall be expended for office-based addiction and opioid treatment, a program of the Greater New Bedford Community Health Center, Inc.; provided further, that not less than $100,000 shall be expended for continued capital improvements to the Cambridge Community Center and for the expansion of the community-based behavioral health program; provided further, that not less than $75,000 be expended for the operation of Resources for Recovery Inc., formerly known as the Dennis Messing Memorial Foundation, located in the Hyde Park section of Boston; provided further, that not less than $40,000 shall be expended for Crossroads Family Housing, Inc. in East Boston to provide mental health, substance use and clinical recovery services for those impacted by family homelessness; provided further, that not less than $2,000,000 shall be expended for RIZE Massachusetts Foundation, Inc. to assist in the work to end the opioid epidemic in the commonwealth; provided further, that not less than $25,000 shall be expended for the Baystate Eastern Region Grant Program to prevent and treat addiction to opioids and related substances; provided further, that not less than $250,000 shall be expended for Harbor Health Services, Inc. for a grant program to prevent and treat addiction to opioids and related substances; provided further, that not less than $50,000 shall be expended for the city known as the town of Braintree for Braintree Community Partnership on Substance Abuse; and provided further, that not less than $200,000 shall be expended for One Life at a Time, Inc., located in the city known as the town of Braintree, for the facilitation of access to sober living programs and job training services for people in recovery and associated operational costs

 

And further amend said item by striking out the figure “$100,000” and inserting in place thereof the following figure:- $2,790,000

 

And further amend said section 2, in item 4512-2022, by inserting after the word “distribution” the following words:- ; provided further, that not less than $50,000 shall be expended for the Randolph public health department for new vehicles

 

And further amend said item by striking out the figure “$5,000,000” and inserting in place thereof the following figure:- $5,050,000

 

And further amend said section 2, in item 4513-1005, by inserting after the words “applied federally” the following words:- ; provided further, that not less than $1,660,000 shall be allocated for Action for Boston Community Development, Inc. to continue services previously funded by Title X funding; provided further, that not less than $1,000,000 shall be transferred to the Public University Health Center Sexual and Reproductive Health Preparation Fund established in section 47 of chapter 15A of the General Laws for the purpose of reimbursements to public universities for abortion medications

 

And further amend said item by striking out the figure “$21,460,000” and inserting in place thereof the following figure:- $24,460,000

 

And further amend said section 2, in item 4513-1020, by striking out the figure “$17,800,000” and inserting in place thereof the following figure:- $12,000,000

 

And further amend said section 2, in item 4513-1027, by striking out the figure “$400,000” and inserting in place thereof the following figure:- $800,000

 

And further amend said section 2, in item 4513-1112, by inserting after the words “lupus database” the following words:- ; provided further, that not less than $475,000 shall be expended for the Forsyth Institute’s Center for Children’s Oral Health to expand its ForsythKids programming focused on children and adolescents and explore the emerging association between oral health status and academic performance; provided further, that not less than $25,000 shall be expended for the operation of VITfriends LLC located in the Hyde Park section of Boston; provided further, that not less than $100,000 shall be expended for the operation of the Cranberry Health Research Center at the University of Massachusetts Dartmouth; provided further, that not less than $1,000,000 shall be expended for the non-state, government public hospital system established pursuant to chapter 147 of the acts of 1996 for a grant toward critical facilities and equipment to expand access to dental services

 

And further amend said item by striking out the figure “$150,000” and inserting in place thereof the following figure:- $250,000

 

And further amend said item by striking out the figure “$10,833,604” and inserting in place thereof the following figure:- $12,533,604

 

And further amend said section 2, in item 4513-1136, by inserting after the words “fiscal year 2024” the following words:- ; provided further, that not less than $50,000 shall be expended for the domestic violence outreach program for the Cape Verdean Association of Brockton

 

And further amend said item by striking out the figure “$71,211,757” and inserting in place thereof the following figure:- $71,261,757

 

And further amend said section 2, in item 4513-2020, by inserting after the word “workforce”, the third time it appears, the following words:- ; provided further, that not less than $50,000 shall be expended for OUT MetroWest, Inc.’s LGBTQ+ programs

 

And further amend said item by striking out the figure “$12,534,773” and inserting in place thereof the following figure:- $12,584,772

 

And further amend said section 2, in item 4590-0250, by inserting after the words “healthy development” the following words:- ; provided further, that not less than $50,000 shall be expended for the North Quabbin Community Coalition, Inc.; provided further, that not less than $75,000 shall be expended for Amherst regional public schools to support on-site youth mental health services for Amherst regional high school students

 

And further amend said item by striking out the figure “$18,573,733” and inserting in place thereof the following figure:- $18,698,733

 

And further amend said section 2, in item 4590-0915, by inserting after the words “section 2B” the following words:- ; provided further, that not less than $200,000 in retained revenue shall be expended for the Pappas Rehabilitation Hospital for Children summer program; provided further, that the Pappas Rehabilitation Hospital for Children shall maintain not less than 120 beds for clients in its inpatient setting to the extent feasible within the appropriation; provided further, that Tewksbury hospital shall maintain at least the same number of beds in fiscal year 2024 as was maintained in fiscal year 2023

 

And further amend said item by striking out the figure “$193,917,936” and inserting in place thereof the following figure:- $194,117,936

 

And further amend said section 2, in item 4590-1503, by inserting after the words “screening program” the following words:- ; provided further, that not less than $1,000,000 shall be expended for the non-state, government public hospital system established pursuant to chapter 147 of the acts of 1996 for a grant toward facilities and start-up expenditures for birth center and midwifery care

 

And further amend said item by striking out the figure “$8,810,806” and inserting in place thereof the following figure:- $9,810,806

 

And further amend said section 2, in item 4590-1507, by inserting after the words “questioning youth” the following words:- ; provided, that not less than $100,000 shall be expended for the Randolph community programs department in the town of Randolph for continuation of a full-time town social worker; provided further, that not less than $2,000,000 shall be expended for the Massachusetts Alliance of Boys & Girls Clubs, Inc.; provided further, that not less than $1,500,000 shall be expended for the Alliance of Massachusetts YMCAs, Inc., which shall be distributed between the alliance’s member organizations; provided further, that not less than $50,000 shall be expended for The Center for Teen Empowerment, Inc.; provided further, that not less than $250,000 shall be expended for the Big Sister Association of Greater Boston Inc.; provided further, that not less than $600,000 shall be expended for the YWCA organizations, which shall be distributed equally between the Alliance of YWCAs member organizations; provided further, that not less than $100,000 shall be expended for the Watertown Boys’ and Girls’ Club, Inc. for capital improvements; provided further, that not less than $100,000 shall be expended for repairs for the Northern Berkshire YMCA complex located in the city of North Adams; provided further, that not less than $20,000 shall be expended to expand programming opportunities at the Adams Community Youth Center in the town of Adams; provided further, that not less than $15,000 shall be expended to expand afterschool programs at the Williamstown Youth Center, Inc.; provided further, that not less than $60,000 shall be expended for the town of Milford to provide programs, services or renovations at the Milford Youth Center; provided further, that not less than $75,000 shall be expended to assist in programming efforts for the Southcoast LGBTQ Network, Inc. in New Bedford; provided further, that not less than $50,000 shall be expended for capital improvements to the former state armory building in the city of North Adams for the benefit of the Northern Berkshire Youth Basketball program; provided further, that not less than $200,000 shall be expended for the Big Brothers Big Sisters of Eastern Massachusetts, Inc. Mentor 2.0 program; provided further, that not less than $25,000 shall be expended for Day Dreaming Organization Inc to support baseball programming and youth mentoring in the city of Lawrence; and provided further, that not less than $50,000 shall be expended for the Sueños Basketball, Inc. summer league to support the recreational, social and health benefits the league provides to low-income youth in the city of Lawrence

 

And further amend said item by striking out the figure “$2,550,000” and inserting in place thereof the following figure:- $7,745,000

 

And further amend said section 2, in item 5042-5000, by inserting after the words “group care” the following words:- ; provided further, that not less than $75,000 shall be expended for Shrewsbury Youth and Family Services, Inc. for mental health services in the commonwealth; provided further, that not less than $75,000 shall be expended for the Massachusetts Association for Mental Health, Inc. and the BIRCh Center to continue the operation of the school-based behavioral health technical assistance center and for web-based promotion and prevention resources available to schools; provided further, that not less than $50,000 shall be expended for YouthConnect to provide community-based mental health services to high-risk youth and their families residing in the East Boston community; provided further, that not less than $200,000 shall be expended for The NAN Project to increase mental health awareness and suicide prevention; provided further, that not less than $90,000 shall be expended for NoFIRES, Inc. for a juvenile firesetter intervention and prevention program

 

And further amend said item by striking out the figure “$118,014,949” and inserting in place thereof the following figure:- $118,504,949

 

And further amend said section 2, in item 5046-0000, by inserting after the word “measured” the following words:- ; provided further, that not less than $50,000 shall be expended for a grant to the Massachusetts Chapter of the National Association of Social Workers, Inc. to provide assistance in connecting consumers to licensed clinical social workers through the Therapy Matcher program

 

And further amend said item by striking out the figure “$584,890,500” and inserting in place thereof the following figure:- $584,940,500

 

And further amend said section 2, in item 5095-0015, by striking out the words “provided further, that the department shall maintain not less than 671 inpatient beds in its system in fiscal year 2024; provided further, that of said 671 beds, 45 beds shall be continuing care inpatient beds on the campus of Taunton state hospital” and inserting in place thereof the following words:- ; provided further, that within the existing appropriation, the department may operate more beds at Taunton state hospital; provided further, that the department shall operate not less than 260 adult continuing care inpatient beds at the Worcester recovery center and hospital; provided further, that the department shall maintain not less than 75 men’s recovery from addiction program beds at Taunton state hospital; provided further, that the department shall maintain not less than 45 women’s recovery from addiction program beds at Taunton state hospital; provided further, that the department shall not take action in fiscal year 2024 to: (i) reduce the number of state-operated continuing care inpatient beds or other state operated programs at the Taunton state hospital campus, or (ii) relocate administrative hospital services associated with the operation of the hospital off campus; provided further, that the department shall not enter into new vendor-operated lease agreements or expand existing vendor-operated programs; provided further, that the department shall not enter into new interagency agreements or expand existing interagency agreements, programs or facilities until the department, in conjunction with the division of capital asset management and maintenance, develops a comprehensive long-term use master plan for the campus, which shall be developed not later than March 1, 2024, with appropriate community input that is consistent with maintaining the publicly-provided mental health services that are currently delivered on-campus at Taunton state hospital; provided further, that the plan shall include maintenance of existing affiliations with institutions of higher education and possible future relationships with those institutions and others to maintain the sustainability of Taunton state hospital; provided further, that the plan shall be consistent with maintenance of the Taunton state hospital campus as a publicly-run mental health facility and shall not prohibit the inclusion of behavioral health programs or publicly-run pilot programs to meet the needs of individuals with mental health diagnoses, behavioral health diagnoses and those dual diagnosed on the campus as part of the comprehensive long-term use master plan; provided further, that the comprehensive long-term use master plan shall be submitted to the executive office for administration and finance, the executive office of health and human services, the joint committee on mental health, substance use and recovery and the house and senate committees on ways and means; provided further, that the department may authorize on the campus of Taunton state hospital, a behavioral health emergency department relief pilot program to accept medically-stable individuals with high acuity behavioral health and dual diagnoses from emergency departments in the southeast region; provided further, that medically-stable patients presenting in an emergency department with a high acuity behavioral health condition or who have a dual diagnosis shall be transferred to the pilot program if another appropriate setting cannot be located within 4 hours of admission to the emergency department; provided further, that the pilot program shall care for patients either for 14 days following admission or until an appropriate placement is found that meets the patient’s needs, whichever is sooner; provided further, that the pilot program may be operated by the department and staffed by department registered nurses, psychiatrists and other staff as needed; provided further, that within the first 6 months following the authorization of the program by the department, in consultation with the department of public health, the National Alliance on Mental Illness, the Massachusetts Nurses Association and the Emergency Nurses Association shall establish a staffing plan and program protocols; provided further, that for the purposes of the pilot program, Taunton state hospital may accept patients classified under section 12 of chapter 123 of the General Laws; provided further, that the pilot program may be authorized to operate for not more than 2 years; provided further, that the department shall submit a report with the joint committee on mental health, substance use and recovery within 6 months after the conclusion date of the program; provided further, that the report shall evaluate the success of the program in decreasing emergency department overcrowding in the southeast region and the quality of care provided in the program; provided further, that the report may be drafted by an independent entity, utilizing data from the department and the local hospitals in the southeast region

 

And further amend said section 2, in item 5911-1003, by inserting after the words “Congress, Inc.” the following words:- ; provided further, that not less than $50,000 shall be expended for the House of Possibilities, Inc. for respite services

And further amend said item by striking out the figure “$91,022,294” and inserting in place thereof the following figure:- $91,222,294

And further amend said section 2, in item 5920-2010, by inserting after the words “health services” the following:- ; provided, that not less than $25,000 shall be expended for Caring Health Center, Inc. in the city of Springfield to expand access to health programs and services

And further amend said item by striking out the figure “$317,747,049” and inserting in place thereof the following figure:- $317,772,049

And further amend said section 2, in item 5920-2025, by inserting after the word “participation” the following words:- ; provided further, that not less than $75,000 shall be expended for Community Access to the Arts, Inc. in the town of Great Barrington

And further amend said item by striking out the figure “$240,080,258” and inserting in place thereof the following figure:- $240,155,258

And further amend said section 2, in item 5920-3020, by inserting after the words “per individual” the following words:- ; provided further, that not less than $25,000 shall be expended for the Latham Centers, Inc. for restoration of the kitchen facility

And further amend said item by striking out the figure “$52,540,994” and inserting in place thereof the following figure:- $52,565,994

And further amend said section 2, in item 5930-1000, by striking out the word “intermittent” and inserting in place thereof the following word:- intermediate

 

And further amend the bill by inserting after section 8 the following section:-

 

SECTION 8A 1/4. Chapter 17 of the General Laws is hereby amended by adding the following section:-

 

Section 22. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Certified school”, a school certified by the department pursuant to subsection (c).

 

“Certified training program”, a training program certified by the department pursuant to subsection (b).

 

“Operation House Call”, a program developed by the Arc of Massachusetts that teaches health care professionals skills to enhance the treatment and care of persons with autism and other intellectual and developmental disabilities.

 

“School”, an accredited institution of higher education that provides a course of study for students in: (i) health care, including, but not limited to, medical schools, nursing schools and dental schools; or (ii) other related fields, including, but not limited to, physician assistants, dieticians, nutritionists, physical therapists, dental hygienists, allied mental health and human services professionals.

 

“Training program”, training for students that focuses on instruction and best practices for the treatment and care of patients with intellectual and developmental disabilities, including, but not limited to, autism spectrum disorders.

 

(b) The department, in consultation with the department of developmental services and the Arc of Massachusetts, shall establish standards for a certified training program for schools.  A training program, to be certified by the department as a certified training program, shall meet the following standards and practices:

 

(i) be modeled on Operation House Call;

 

(ii) be offered by schools to participating students on a voluntary basis separate from the students’ required course of study; and

 

(iii) maintain recognized standards and practices that provide instruction to students that:

 

(A) uphold industry standards for instructing students pursuing a health care profession on best practices for the treatment and care for individuals with intellectual and developmental disabilities, including, but not limited to, autism spectrum disorders; and

 

(B) include not less than 6 hours of training consisting of didactic classroom instruction, experiential learning and online learning.

 

(c) The department shall certify that a school offers a certified training program, as described in subsection (b), upon receipt and review of documentation demonstrating that:

 

(i) the school has successfully delivered the training program to a sufficient number of participating students, as mutually agreed upon by the school and the provider of the training; and

 

(ii) the training program meets the minimum standards and practices pursuant to subsection (b).

 

(e) The director of the bureau of family health and nutrition shall periodically evaluate the integrity and efficacy of the training programs offered at schools seeking certification.

 

(f) The department shall prepare, publish, disseminate and annually update a list of certified schools. The list of certified schools shall be published in a location that is accessible to prospective students seeking to apply to attend a school in the health care field or related fields.

 

And further amend the bill by inserting after section 12A, inserted by Consolidated Amendment B, the following section:-

 

SECTION 12B. Chapter 38 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2A the following section:-

 

Section 2B. In the case of the death of a child under the age of 2, the chief medical examiner shall review and approve: (i) the findings and report of the medical examiner performing the autopsy to determine the cause of death; and (ii) any change to the autopsy report.

 

And further amend the bill by inserting after section 18 the following 2 sections:-

 

SECTION 18A. 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:

 

“Maternal morbidity”, any health condition attributed to or aggravated by pregnancy that has negative health outcomes.

 

“Maternal mortality”, the death of an individual, from any cause, during pregnancy or within 1 year of the end of the pregnancy, regardless of the duration and site of the pregnancy.

 

(b)(i) There shall be within the department a maternal mortality and morbidity review committee to review maternal mortality, study the incidence of pregnancy complications and maternal morbidity and make recommendations to improve maternal outcomes and eliminate preventable maternal deaths.

 

(ii) The committee shall access relevant records and reports pertaining to incidents of maternal mortality or near-death cases under its review. All relevant records and reports shall remain in the possession of committee staff and only de-identified information shall be presented or otherwise shared.

 

(c) The committee shall:

 

(i) conduct case reviews of maternal mortality and maternal morbidity in the commonwealth;

 

(ii) make recommendations to improve access to high-quality, evidence-based health care for pregnant individuals and infants in the commonwealth;

 

(iii) identify gaps in the provision of health care services for pregnant individuals who experience maternal mortality or maternal morbidity, including, but not limited to, disparities in access to: quality care; appropriate health care; transportation; and financial resources. The committee shall identify such gaps by analyzing the pregnant individuals’:

 

(1) race, ethnicity and age;

 

(2) geographic region of residence; and

 

(3) socioeconomic status;

 

(iv) review probable cause of death and identify contributing factors in cases reviewed pursuant to clause (i), to the extent possible;

 

(v) determine, to the extent possible, whether the death or health condition presented in cases reviewed pursuant to clause (i) was preventable, and if so, what actions could have been taken to prevent the death or health condition; and

 

(vi) make recommendations to prevent maternal mortality and maternal morbidity and to eliminate disparities in maternal health outcomes.

 

(d)(1) 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 proceeding; provided, however, that information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery solely because such information, documents and records were presented to or reviewed by the committee.

 

(2) A physician, hospital or pharmacy providing the committee access to medical records pursuant to this section shall not be liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records.

 

(3) Information, records, reports, statements, notes, memoranda or other data collected pursuant to this section shall not be otherwise admissible as evidence in any action before a court or any other tribunal, board or agency. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited and their contents shall not be 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 to further the review of the committee and as may be allowed by this section. No person participating in such review shall disclose, in any manner, the information so obtained except in conformity with review of the committee.

 

(4) All proceedings and activities of the committee and records obtained, created or maintained pursuant to 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 this section shall be confidential.

 

(5) Members of the committee and staff members of the committee shall not be subject to questioning in any civil or criminal proceeding regarding ongoing or completed reviews of the committee; provided, however, that 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.

 

(d)(1) The committee shall consist of the following members: the commissioner, or their designee, who shall serve as chair; a representative of the department of public health; a representative of the Perinatal-Neonatal Quality Improvement Network of Massachusetts; the chief medical examiner, or their designee; the chair of the Massachusetts chapter of the American College of Obstetrics and Gynecology, or their designee; the chair of the Massachusetts chapter of the American College of Nurse Midwives, or their designee; the chair of the Massachusetts chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses, or their designee; and the commissioner shall appoint the following members: a medical professional with obstetric and neonatal nursing training; a medical professional with training in cardiology; a 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 in a relevant field; 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; the director of a federally funded-Healthy Start program, or their designee; 2 individuals who practice as doulas; 2 community or family members who have been directly affected by a maternal death; a member of a community-based organization; a representative from the department of children and families; and a law enforcement officer.

 

(2) Each member, other than the commissioner, shall serve for a term of 3 years and until their successor is appointed. Nothing in this section shall prohibit the commissioner from appointing a committee member to serve additional terms. The committee shall convene as deemed necessary by the department. The commissioner shall, to the extent feasible, appoint members representing the racial, ethnic and geographic diversity of the commonwealth and shall prioritize appointing members from communities and groups most impacted by maternal mortality and maternal morbidity.

 

(e) Not later than December 31 of each even-numbered year, the committee shall submit to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on public health a report including, but not limited to:

 

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

 

(ii) a summary of the disparities identified and reviewed;

 

(iii) recommendations to reduce maternal mortality and severe maternal morbidity in the commonwealth; and

 

(iv) 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 the commonwealth.

 

SECTION 18B. Section 72W of said chapter 111, as appearing in the 2020 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following 2 paragraphs:-

 

A nurses’ aide who receives their training and works in a facility whose resident population is predominantly non-English speaking shall be offered the option to take the nurses’ aide certification exam in a language other than English, including, but not limited to, Spanish and Chinese; provided, however, that the department shall determine which languages the exam shall be offered in.

 

The department shall make such rules and regulations as may be necessary to carry out this section.

 

And further amend the bill by inserting after section 47 the following section:-

 

SECTION 47A. Section 18B shall take effect on October 1, 2024.