Consolidated Amendment "A" to H4601
Consolidated Amendment A
Amendments: 8, 17, 24, 28, 30, 33, 35, 39, 40, 41, 44, 50, 51, 53, 54, 57, 58, 59, 60, 62, 63, 64, 66, 67, 69, 74
Mr. Michlewitz of Boston moves to amend H.4601 by inserting after section 15 the following section:-
SECTION 15A. Said chapter 29 is hereby further amended by inserting after section 2LLLLLL, inserted by section 18 of chapter 14 of the acts of 2025, the following section:-
Section 2MMMMMM. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Western Massachusetts Hospital Fund, which shall be administered by the commissioner of public health.
(b) There shall be credited to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) any interest earned on money in the fund.
(c) Amounts credited to the fund may be expended without further appropriation by the commissioner of public health for any purpose related to the operation of the Western Massachusetts hospital. No expenditure made from the fund shall cause the fund to be in deficit at any point.
And further amend the bill by inserting after section 16 the following section:-
SECTION 16A. Section 1 of chapter 32 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the definition of “Violent act injury” and inserting in place thereof the following definition:-
“Violent act injury”, a catastrophic or life-threatening permanent bodily injury sustained as a direct and proximate result of a violent attack upon a person by means of a dangerous weapon, which is used in a manner intended to cause serious injury or death, including, but not limited to, a firearm, knife, automobile or explosive device.
And further amend the bill in section 17 by striking out, in lines 363 and 364, the words “chapter 32 of the General Laws, as appearing in the 2024 Official Edition” and inserting in place thereof the following words:- said chapter 32, as so appearing.
And further amend the bill by inserting after section 22 the following section:-
SECTION 22A. Chapter 112 of the General Laws is hereby amended by striking out section 12C, as so appearing, and inserting in place thereof the following section:-
Section 12C. No physician, nurse or other health care professional licensed under this chapter or otherwise authorized within their scope of practice, by statewide standing order or by department of public health designation to prescribe, dispense or administer vaccines shall be liable for any injury caused by an act or omission in prescribing, dispensing, ordering, furnishing or administering a vaccine or other immunizing agent, including the residual effects of the vaccine or immunizing agent; provided, that the immunization is required by state law, administered in accordance with guidance from the department of public health or authorized under public health programs and the act or omission does not constitute willful misconduct or gross negligence.
And further amend the bill in section 23 by striking out the words “Chapter 112 of the General Laws is hereby amended”, in line 404, and inserting in place thereof the following words:- Said chapter 112 is hereby further amended.
And further amend the bill by inserting after section 63 the following 2 sections:-
SECTION 63A. Subsection (g) of section 205 of said chapter 140 is hereby amended by striking out the figure “2025” and inserting in place thereof the following figure:- 2026.
SECTION 63B. Subsection (c) of section 206 of said chapter 140 is hereby amended by striking out the words “October 1, 2025” and inserting in place thereof the following words:- June 1, 2026.
And further amend the bill by inserting after section 71 the following 3 sections:-
SECTION 71A. Section 88 of chapter 14 of the acts of 2025 is hereby amended by striking out the words “October 15”, both times they appear, and inserting in place thereof, in each instance, the following words:- December 31.
SECTION 71B. Section 97 of said chapter 14 is hereby amended by striking out the word “January” and inserting in place thereof the following word:- September.
SECTION 71C. Notwithstanding section 23 of chapter 59 of the General Laws, section 31 of chapter 44 of the General Laws or any other general or special law to the contrary, a city, town or district that was a member unit of the Hampshire County Group Insurance Trust in fiscal years 2026 or 2027 or before may amortize over fiscal years 2027 to 2032, inclusive, in equal installments or more rapidly, the amount of its unanticipated fiscal year 2026 or 2027 Hampshire County Group Insurance Trust health insurance-related deficit; provided, that the member unit shall certify in writing to the division of local services of the department of revenue prior to June 30, 2027 that the member unit has withdrawn from the Trust. The commissioner of revenue shall issue guidelines or instructions: (i) as to the amount that constitutes unanticipated fiscal year 2026 or 2027 health insurance-related deficit under this section; and (ii) for reporting the amortization of deficits authorized by this section. The local appropriating authority, as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in accordance with the department of revenue’s guidelines or instructions before setting the municipality’s fiscal year 2027 tax rate.