Amendment #10 to S2543

Massachusetts Safe Harbor Fund

Ms. Meschino of Hull moves to amend the bill by adding the following new section:

SECTION XX. (a) As used in this section the following words and terms shall have the following meanings:-

“Board”, means the Safe Harbor Trust Fund Board.

"Collateral costs", means any out-of-pocket costs, other than the cost of a procedure itself, necessary to receive reproductive health care services or gender-affirming health care services in the state, including, but not limited to, costs for travel, lodging and meals;

“Fund”, means the Safe Harbor Trust Fund.

"Nonprofit organization", means an organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time;

"Patient-identifiable data", means any information that identifies, or may reasonably be used as a basis to identify, an individual patient; and

(b)(1) There shall be a separate nonlapsing, revolving fund to be known as the Safe Harbor Trust Fund for the exclusive purpose of providing grants to nonprofit organizations that cover the collateral costs of accessing, in the state, reproductive health care services or gender-affirming health care services, as defined in section 11I½.

(2) The state treasurer may accept moneys from private sources, including, but not limited to gifts, grants and donations. The state treasurer may expend moneys from the fund for all reasonable and necessary direct costs and expenses incurred with the management and investment of the fund. Any administrative costs associated with maintenance or disbursement of moneys in the fund shall be paid from the fund and no taxpayer funds shall pay for such administrative costs. Nothing in this section shall prohibit the state treasurer from utilizing available staff resources to administer the fund.

(4) Moneys deposited in the fund shall not be subject to further appropriation and any moneys that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient at any point.

(c)(1) There shall be a Safe Harbor Trust Fund Board, which shall administer the fund. The board shall consist of 5 members: the state treasurer, or a designee, who shall serve as chair; and 4 members appointed by the state treasurer, 1 of whom shall be a provider of reproductive health care services in the state, 1 of whom shall be a provider of gender-affirming health care services in the state, 1 of whom shall have experience working with providers of reproductive health care services in the state, and 1 of whom shall have experience working with providers of gender-affirming health care services in the state. When making such appointments, the state treasurer shall use their best efforts to ensure that the board reflects the racial, gender and geographic diversity of the state.

(2) The board shall adopt policies and procedures concerning the awarding of grants pursuant to the provisions of this section. Such policies and procedures shall include, but need not be limited to: grant application procedures, including procedures regarding subgrants; eligibility criteria for applicant nonprofit organizations, including, but not limited to, subgrantees, and for individuals served by such grants; eligibility criteria for collateral costs; consideration of need of the individuals served by such grants, including, but not limited to, the urgency or time sensitivity of the circumstances and financial need; and procedures to coordinate with any national network created to perform similar functions to those of the safe harbor fund, including, but not limited to, procedures for the acceptance of moneys transferred to the fund for a particular use. Such policies and procedures shall not require the collection or retention of patient-identifiable data in order to receive a grant. Such policies and procedures may be updated as deemed necessary by the board.

(3) The board shall report annually on or before July 15 to the governor and the house and senate committees on ways and means.