Amendment #78 to S3141

Problem Gambling

Mr. Scanlon of North Attleborough moves to amend the bill by inserting, after section 19, the following 4 sections:-

SECTION 19A. Section 58 of chapter 23K of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- Annually, the department of public health shall submit to the speaker of the house, the president of the senate, the joint committee on public health and the joint committee on economic development and emerging technologies a report on its treatment programs and advertising funded by the fund or to which it referred individuals seeking treatment or other problem gambling and gambling addiction related services, including but not limited to: (i) names and descriptions of the treatment programs funded by the fund and the amounts they receive; (ii) the number of individuals served by each treatment program funded by the fund, including whether they are new clients or continuing clients in the programs; and (iii) demographic information of those served by treatment programs funded by the fund, including but not limited to the variables of sex, age, race, ethnicity, income, education and geography. This report shall also include a summary of advertising expenditure, which shall include but not be limited: (i) the number of completed advertising campaigns; (ii) mediums used for advertising; (iii) the content of advertisements: (iv) the targeted demographics; and (v) available data related to the number of people reached.

SECTION 19B. Chapter 23K of the General Laws is hereby amended by adding the following section:-

Section 73. Notwithstanding any general or special law or rule or regulation to the contrary, a gaming establishment shall supply the Massachusetts gaming commission with customer tracking data collected or generated by loyalty programs, player tracking software, player card systems, online gambling transactions or any other information system. The commission shall contract with an experienced nonprofit research entity to develop an anonymizing system that automatically removes from the data: (a) personally identifying information, including player name, street address, bank or credit information and the last 4 digits of a player’s zip code, in compliance with section 2 of chapter 93H of the General Laws; and (b) game identifying information, including game name and device manufacturing company, in protection of corporate intellectual property. The data shall retain information on player characteristics including, but not limited to, gender, age and region of residence, player behavior including, but not limited to, frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, number of lines or hands played and characteristics of games played including, but not limited to, reel configuration, return-to-player or RTP, volatility index and denomination. The commission shall convey the anonymized data to a research facility which shall make the data available to qualified researchers for the purposes of: (1) conducting analyses that improve understanding of how gambling addiction develops and progresses; (2) developing evidence-based harm minimization strategies; and (3) developing evidence-based systems to monitor, detect and intervene in high-risk gambling. The commission shall request reports on researcher analyses of the behavioral data, which could provide informed recommendations to the general court relative to more effective regulation of gambling operations. The commission may directly initiate studies assessing the effectiveness of any specific measures, programs or interventions which the commonwealth has implemented in gaming operations, and which might be illuminated through the behavioral data in question.

SECTION 19C. Subsection (d) of section 4 of chapter 23N of the General Laws, as appearing in the 2022 Official Edition, is hereby further amended by adding the following paragraph:-

(4) (i) Notwithstanding any general or special law or rule or regulation to the contrary, a sports wagering operator shall supply the commission with customer tracking data collected or generated by loyalty programs, player tracking software, player card systems, online gambling transactions or any other information system. Not later than June 30, 2027 or six months after the bill takes effect, whichever is sooner, the commission shall contract with an experienced nonprofit research entity to develop an anonymizing system that automatically removes from the data: (A) personally identifying information, including player name, street address, bank or credit information and the last 4 digits of a player’s ZIP+4 code, in compliance with section 2 of chapter 93H; and (B) game identifying information, including game name and device manufacturing company, in protection of corporate intellectual property. The data shall retain information on player characteristics including, but not limited to, gender, age and region of residence, player behavior including, but not limited to, frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, number of lines or hands played and characteristics of games played including, but not limited to, reel configuration, return-to-player or RTP, volatility index and denomination. The commission shall convey the anonymized data to a research facility, which shall make the data available to qualified researchers for the purposes of: (1) conducting analyses that improve understanding of how gambling addiction develops and progresses; (2) developing evidence-based harm minimization strategies; and (3) developing evidence-based systems to monitor, detect and intervene in high-risk gambling. The commission shall request reports on research analyses of the behavioral data, which could provide informed recommendation to the general court relative to more effective regulation of gambling operations. The commission may directly initiate studies assessing the effectiveness of any specific measures, programs or interventions that the commonwealth has implemented in gaming operations and which might be illuminated through the behavioral data in question.

(ii) The commission shall make a concerted, good faith effort to implement such evidence-based harm minimization strategies and evidence-based systems to monitor, detect and intervene in high-risk gambling, and to act on the recommendations made in reports and studies produced pursuant to this section.  The commission shall also deliver all such reports, studies and recommendations to the joint committee on economic development and emerging technologies.

SECTION 19D. Section 23 of said chapter 23N is hereby amended by inserting, after the word “gambling”, in line 15 the following words:-“and suicide attempts, suicides, and self-harm among gamblers”.;

and further amend the bill by inserting after section 22 the following section:-

“SECTION 22A. Section 32 of chapter 32A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended in line 16 by inserting after the word “screening,” the following:-“including questions relating to gambling habits and frequency,””;

and further amend the bill by inserting after section 27 the following section:-

“SECTION 27A. Section 10Q of chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended in line 16 by inserting after the word “screening”, the following:-“including questions relating to gambling habits and frequency”.”;

and further amend the bill by inserting after section 29 the following section:-

“SECTION 29A. Section 47TT of chapter 175 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended in line 17 by inserting after the word “screening,” the following:-“including questions relating to gambling habits and frequency,””;

and further amend the bill by inserting after section 32 the following section:-

“SECTION 32A. Section 4MM of chapter 176G of the General Laws, as appearing in the 2022 Official Edition, is hereby amended in line 17 by inserting after the word “screening”, the following:-“including questions relating to gambling habits and frequency,””;

and further amend the bill by adding the following section:-

“SECTION XXXX. There is hereby established a special commission to consist of 1 member of the senate to be appointed by the president of the senate, who shall serve as co-chair, 1 member of the house of representatives to be appointed by the speaker of the house of representatives, who shall serve as co-chair, the commissioner of the department of public health, the commissioner of the department of mental health, the commissioner of insurance, and the director of Medicaid, or their designees, all of whom shall serve as ex officio members, and 13 persons to be appointed by the governor, 1 of whom shall be a representative from the Massachusetts Gaming Commission, 1 of whom shall be a representative from the Office of Problem Gambling Services, 1 of whom shall be a representative  from the Massachusetts State Lottery, 1 of whom shall be a representative from the Massachusetts Council on Gaming and Health, 1 of whom shall be a representative from the Massachusetts Psychological Association who shall be a psychologist, 1 of whom shall be a representative from the Massachusetts Behavioral Health Partnership or a managed care organization or managed care entity contracting with MassHealth, 3 of whom shall be representatives of the Massachusetts Medical Society, including a family physician and a psychiatrist, 1 of whom shall be a representative from the Massachusetts Association of Health Plans, and 3 of whom shall be representatives from commercial health insurance carriers or managed care organizations doing business in the commonwealth, is hereby established for the purpose of making an investigation and study relative to problem gambling, including, but not limited to (i) an assessment of current research on the subject and whether there exist evidence-based, best or promising practices on the prevention, detection and treatment of problem gambling; (ii) a review of current policies and practices with respect to medical screenings for problem gambling, including the frequency and location of screenings and training of personnel administering the screenings, the availability of reimbursements and issues relative to medical necessity and third-party coverage; (iii) provision of assistance to the department of public health, other state agencies and organizations in the development of professional and public educational materials and programs on problem gambling, in the development of referral lists for problem gambling treatment, building on existing resources and in the designation of authorized validated screening tools; (iv) provision of assistance to the department of public health, other state agencies and organizations relative to applications for federal funding to support efforts consistent with the mission and purpose of the commission; (v) an analysis of how the coordination of problem gambling efforts can be improved between the department of public health and the Massachusetts Gaming Commission; and (vi) any other matters that the commission considers relevant to the fulfillment of its mission and purpose.

The commission shall provide guidance and advice to the governor, the general court and the secretary of health and human services relative to current research on problem gambling including, but not limited to, best and promising practices in the prevention, detection and treatment of problem gambling and recommended policies, including legislation, to promote greater public awareness, screening and treatment of problem gambling. The special commission may conduct public hearings, forums or meetings to gather information and to raise awareness of problem gambling, including the sponsorship of or participation in statewide or regional conferences.

The commission shall hold its first meeting not later than 30 days after the effective date of this act and shall meet not less frequently than monthly thereafter. The commission shall file an annual report at the end of each state fiscal year with the governor and the clerks of the house of representatives and the senate, who shall forward the same to the joint committee on public health, the joint committee on economic development and emerging technologies, and the house and senate committees on ways and means, along with recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The first such report shall be due not later than June 30, 2028. The special commission may file such interim reports and recommendations as it considers appropriate.”.

Additional co-sponsor(s) added to Amendment #78 to S3141

Problem Gambling