Amendment ID: S2538-18
Amendment 18
Provider Legal Defense Fund
Messrs. Cyr and Payano move that the proposed new draft be amended by inserting the following sections:-
SECTION XX. Chapter 112 of the General Laws is hereby amended by inserting after section 12Q½ the following new section:
Section 12Q¾. Legal Defense and Protection Fund for Providers of Legally Protected Health Care
(a) There shall be established and set up on the books of the commonwealth, within the department of public health, an expendable trust account known as the Legal Defense and Protection Fund for Providers of Legally Protected Health Care, hereinafter referred to as “the fund.” The fund shall be credited with: (1) appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (2) civil penalties assessed for violations of protections under this chapter; (3) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements; (4) interest earned on amounts in the fund; and (5) any funds provided from other sources, including the federal government.
(b) Amounts credited to the fund shall be expended, without further appropriation, to provide financial assistance to individuals or organizations that: (1) provide, facilitate or support legally protected health care services in the Commonwealth, including, but not limited to, reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or the prevention or treatment or sexually transmitted diseases or infections; (2) are subject to civil, criminal, administrative, or disciplinary actions arising from such care or services that, had they occurred wholly within the Commonwealth, would have been lawful; and (3) demonstrate a need for legal representation or support as a result of such action. Eligible fund expenditures shall include, but not be limited to: (1) legal counsel for defense in out-of-state or federal investigations, subpoenas, or enforcement actions; (2) costs related to professional licensing board defense; (3) legal counsel for whistleblower protection or employment retaliation claims; (4) amicus participation in related litigation; and (5) hotline or consultation services for legal risk triage. The unexpended balance in the fund at the end of the fiscal year shall remain available for expenditure in subsequent fiscal years.
(c) The commissioner of the department of public health shall: (1) promulgate regulations establishing the fund’s eligibility criteria, application procedures, and allowable uses; (2) prioritize support for individuals and small or nonprofit entities lacking access to institutional legal resources; and (3) establish a process for emergency legal assistance where time-sensitive risk is demonstrated.
(d) Annually, not later than October 1, the commissioner shall report to the house and senate committees on ways and means, the joint committee on public health and the joint committee on health care financing on the fund’s activity. The report shall include, but not be limited to: (1) money received by the fund; (2) anticipated amounts to be deposited into the fund for the forthcoming year; (3) details or all expenditures from the fund; (4) the total number of fund applications received and granted; (5) the nature of legal proceedings supported; and (6) any fund shortcomings or recommendations for legislative support.
SECTION X. The commissioner of the department of public health may consult the attorney general and may convene an advisory group in developing parameters for funding to establish the Legal Defense and Protection Fund for Providers of Legally Protected Health Care under section 12Q¾ of chapter 112, inserted by section X. The department of public health shall promulgate regulations pursuant to subsection (c) of said section 12Q¾ within 90 days of the effective date of this act.