Amendment #1417 to H5500

Establishing a Commission to Study the Circuit Breaker Reimbursement System for Special Education Costs Incurred by School Districts

Mr. Soter of Bellingham moves to amend the bill by adding the following section:

“SECTION XXX.(a) There shall be a special commission governed by section 2A of chapter 4 of the General Laws to study and make recommendations relative to the sustainability, equity and efficiency of circuit breaker reimbursements for special education costs incurred by school districts. The commission shall examine methods to reduce the financial burden on municipalities and school districts by maximizing available third-party revenue sources, including but not limited to private insurance and MassHealth.

The commission shall consist of: 1 member who shall be appointed by the senate president, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the senate; 1 member who shall be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the house of representatives; 1 person who shall be appointed by the secretary of education; 1 person who shall be appointed by the secretary of health and human services. 1 person who shall be appointed by the commissioner of elementary and secondary education; 1 person who shall be appointed by the executive director of the health policy commission; and 6 persons who shall be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Association of School Superintendents, Inc., 1 of whom shall be a representative of the Massachusetts Association of School Business Officials, Inc., 1 of whom shall be a representative of the Massachusetts Association of School Committees, Inc., 1 of whom shall be a representative of the Massachusetts Administrators of Special Education, 1 of whom shall have expertise in health insurance reimbursement or billing practices, and 1 of whom shall be a representative of a parent advocacy organization for students with disabilities.

Members shall not receive compensation for their services but may receive reimbursement for reasonable expenses incurred in carrying out their responsibilities as members of the commission. The department of elementary and secondary education, in consultation with the executive office of health and human services, may furnish reasonable staff and other support for the work of the commission.

(b) The commission shall study and report on: (i) the current structure and adequacy of the special education circuit breaker program, including reimbursement thresholds, rates and timing of payments; (ii) the fiscal impact of high-cost special education placements on school districts and municipalities; (iii) existing utilization of third-party reimbursement sources, including private insurance and MassHealth, for eligible special education services delivered in school settings; (iv) barriers to maximizing third-party reimbursements, including administrative, legal and operational constraints; (v) best practices in other states for integrating education and health care funding streams to support special education services; and (vi) recommendations to improve the efficiency, predictability and sustainability of funding for high-cost special education services, including proposals to expand third-party billing, streamline claiming processes and reduce local fiscal exposure.

In conducting its work, the commission shall solicit input from relevant stakeholders, including school district officials, municipal leaders, health care providers, insurers and families. The commission shall hold at least 5 public meetings and may hold additional hearings, listening sessions or forums as it considers necessary.

(c) The commission shall file its report and recommendations, together with any drafts of legislation necessary to carry its recommendations into effect, with the clerks of the senate and the house of representatives, who shall forward the same to the senate and house chairs of the joint committee on education and the joint committee on health care financing not later than December 1, 2027.