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  • Acts
  • 2002
  • Chapter 438 AN ACT MAKING CORRECTIVE CHANGES IN CERTAIN GENERAL AND SPECIAL LAWS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 49 of chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) The executive director shall, with the approval of the commission:

(i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the commission;

(ii) employ an actuary, a general counsel and other employees as necessary, prescribe their duties and fix their compensation; provided, however, that the salaries of such employees shall not exceed the sum annually approved therefor by the commission; and

(iii) report to the commission on all operations under his control and supervision.

SECTION 2. Section 3E of chapter 21 of the General Laws, as appearing in section 8 of chapter 236 of the acts of 2002, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The department shall administer a program of zero interest loans to cities and towns for the acquisition of open space land utilizing monies in the Open Space Acquisition Revolving Fund established under section 2HHH of chapter 29.

SECTION 3. Chapter 29 of the General Laws is hereby amended by striking out section 2BBB, inserted by section 16 of chapter 177 of the acts of 2001.

SECTION 4. Said chapter 29 is hereby further amended by striking out sections 2DDD and 2EEE, inserted by section 9 of chapter 236 of the acts of 2002.

SECTION 5. Said chapter 29 is hereby further amended by inserting after section 2FFF the following 3 sections:-

Section 2GGG. Notwithstanding any general or special law to the contrary, the division of medical assistance and the department of public health shall deposit all monies collected as civil monetary penalties from nursing homes participating in the Medicaid program authorized by Title XIX of the Social Security Act into a separate expendable trust fund which shall be designated and known as the Commonwealth of Massachusetts Civil Monetary Penalties Fund. Monies collected as civil monetary penalties from nursing homes shall include both monies collected from Medicaid-only facilities, known as nursing facilities, and the commonwealth portion of funds collected from dually participating facilities, known as skilled nursing facilities or nursing facilities, for noncompliance with sections 1919(b), 1919(c) and 1919(d) of the Social Security Act and monies collected from individuals pursuant to sections 1919(b)(3)(B)(ii)(I), 1919(b)(3)(B)(ii)(II) and 1919(g)(2)(A)(i) of the Social Security Act. The department may expend monies from this fund without further appropriation in accordance with this section. The department shall administer the fund in accordance with law including, without limitation, section 1919(h)(2)(A)(ii) of the Social Security Act. The department shall expend monies in the fund for measures to protect the health and property of nursing home residents in nursing home facilities found by the department or the secretary of health and human services to be deficient including, without limitation, the following: (i) nursing facility staff training and education; (ii) technical assistance for troubled facilities; (iii) dissemination of best practice models for quality of care issues, such as malnutrition and dehydration; (iv) state operation of facilities pending correction of deficiencies or closure; (v) reimbursement of facility residents for lost personal funds or property; and (vi) costs of relocating residents from 1 facility to another. No expenditure shall cause the fund to be in deficit at the end of the fiscal year.

Section 2HHH. There shall be set up on the books of the commonwealth a separate fund to be known as the Open Space Acquisition Revolving Fund. There shall be credited to the fund all revenues or other financing sources directed to the fund by appropriation, any income derived from the investing of all amounts credited to the fund and the monies from the repayment of loans from the fund. Monies credited to the fund may be expended by the department of environmental management, without further appropriation, for loans to cities and towns for the acquisition of open space under section 3E of chapter 21.

Section 2III. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Resolve and Security Fund, the funds of which shall be expended for the purpose of fostering agriculture in the commonwealth, as the term "agriculture" is defined pursuant to section 1A of chapter 128, and for furthering other purposes of the department of food and agriculture as set forth in any general or special law. These purposes may include, but shall not be limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases and emergency preparedness.

The Agricultural Resolve and Security Fund shall receive monies from: (1) gifts, grants and donations from public or private sources; (2) federal reimbursements and grants-in-aid; and (3) any interest earned from the fund. The state treasurer shall receive, deposit and invest funds held in such a manner as to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department may expend such funds, subject to appropriation, and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of food and agriculture shall report annually to the house and senate committees on ways and means and the joint committee on natural resources and agriculture on income received into the fund and the sources of that income, any expenditures from the fund and their purposes and fund balances.

SECTION 6. Section 2 of chapter 29 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 2, 3 and 7, the words "general fund" and inserting in place thereof, in each instance, the following words:- General Fund.

SECTION 7. The first paragraph of section 7H of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- In the first year of the term of office of a governor who has not served in the preceeding year, the governor shall recommend the budget within 8 weeks after the convening of the general court.

SECTION 8. Section 23 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "office, and if" and inserting in place thereof the following words:- office; provided, however, that.

SECTION 9. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "As" and inserting in place thereof the following word:- (a) As.

SECTION 10. Said section 2A of said chapter 38, as so appearing, is hereby further amended by striking out, in line 74, the word "There" and inserting in place thereof the following word:- (b) There.

SECTION 11. Chapter 58 of the General Laws is hereby amended by striking out section 18C, inserted by section 2 of chapter 268 of the acts of 1990.

SECTION 12. Section 81R of chapter 112 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 86, the words "Metropolitan Transit" and inserting in place thereof the following words:- Massachusetts Bay Transportation.

SECTION 13. Section 201 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the figures "197 to 202" and inserting in place thereof the following figures:- 202 to 210.

SECTION 14. Said section 201 of said chapter 112 of the General Laws, as so appearing, is hereby further amended by striking out the definition of "Board" and inserting in place thereof the following definition:-

"Board", the board of registration of dietitians and nutritionists established in section 11D of chapter 13.

SECTION 15. Said section 201 of said chapter 112, as so appearing, is hereby further amended by striking out, in line 7, the figures "196 to 202" and inserting in place thereof the following figures:- 202 to 210.

SECTION 16. Chapter 129 of the General Laws is hereby amended by striking out section 39E, inserted by chapter 335 of the acts of 2002, and inserting in place thereof the following section:-

Section 39F. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.

SECTION 17. Section 46 of chapter 151A of the General Laws is hereby amended by striking out subsection (h), inserted by section 16 of chapter 347 of the acts of 2002, and inserting in place thereof the following subsection:-

(i) Nothing in this chapter shall prohibit the commissioner from participating with the commissioner of revenue in a program which permits employing units subject to this chapter to file with the department of revenue a consolidated return which shall include, but need not be limited to, unemployment insurance, unemployment health insurance, workforce training, income tax withholding and wage reporting information, together with the required payment.

SECTION 18. Section 101 of chapter 159 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 3, the words "Metropolitan Transit" and inserting in place thereof the following words:- Massachusetts Bay Transportation.

SECTION 19. Section 6B of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words ", pursuant to section twenty-nine A of chapter two hundred and sixty-six".

SECTION 20. Section 94 of chapter 161 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, and in lines 3 and 4, the words "Metropolitan Transit" and inserting in place thereof, in each instance, the following words:- Massachusetts Bay Transportation.

SECTION 21. Section 22 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "Metropolitan Transit" and inserting in place thereof the following words:- Massachusetts Bay Transportation.

SECTION 22. Section 67 of chapter 171 of the General Laws, as so appearing, is hereby amended by striking out, in lines 95 and 96, the words "has its principal office is located outside the commonwealth a" and inserting in place thereof the following words:- is, if its principal office is located outside the commonwealth, a.

SECTION 23. Chapter 175 of the General Laws is hereby amended by striking out section 47U, inserted by section 2 of chapter 345 of the acts of 2000.

SECTION 24. Said chapter 175 is hereby further amended by inserting after section 47W the following section:-

Section 47X. An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense insurance and any group blanket policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and all group members having a principal place of employment within the commonwealth for the expenses incurred in the medically necessary diagnosis and treatment of speech, hearing and language disorders by individuals licensed as speech-language pathologists or audiologists under chapter 112, if such services are rendered within the lawful scope of practice for such speech-language pathologists or audiologists regardless of whether the services are provided in a hospital, clinic or private office; provided, however, that such coverage shall not extend to the diagnosis or treatment of speech, hearing and language disorders in a school-based setting. The benefits provided by this section shall be subject to the same terms and conditions established for any other medical condition covered by such individual or group blanket policy.

SECTION 25. Section 172 of chapter 175 of the General Laws, as most recently amended by section 3 of chapter 314 of the acts of 2002, is hereby amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-

A contract by which a public insurance adjuster agrees, engages and undertakes to represent an insured shall provide clearly and conspicuously in writing that such contract may be canceled without recourse within 3 calendar days after the date of receipt of a copy of the written contract by the named insured or his designee. The contract shall also provide that it may be revoked by the insured who signed it or his designee at any time after the 3 calendar days, subject to the public insurance adjuster's assertion of a lien for his agreed percentage fee upon insurance proceeds offered or secured through his efforts as the insured's representative. A contract shall contain the following written notice in at least 10-point bold type:

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON, BY TELEGRAM OR FACSIMILE TRANSMISSION, BY OVERNIGHT EXPRESS DELIVERY OR BY CERTIFIED OR REGISTERED MAIL TO THE ADDRESS OF THE PUBLIC INSURANCE ADJUSTER SPECIFIED IN THIS CONTRACT, WITHIN 3 CALENDAR DAYS OF THE DATE THAT YOU RECEIVE THIS CONTRACT. THIS CONTRACT THEREAFTER MAY BE REVOKED BY THE INSURED WHO SIGNED IT, OR HIS DESIGNEE, AT ANY TIME, SUBJECT TO THE PUBLIC INSURANCE ADJUSTER'S ASSERTION OF A FEE LIEN UPON INSURANCE PROCEEDS OFFERED OR SECURED THROUGH HIS EFFORTS AS THE INSURED'S REPRESENTATIVE. IF YOU CANCEL THIS AGREEMENT YOU SHALL REMAIN LIABLE FOR REASONABLE AND NECESSARY EMERGENCY OUT-OF-POCKET EXPENSES OR SERVICES WHICH WERE PAID FOR OR INCURRED BY THE PUBLIC INSURANCE ADJUSTER DURING THE 3-DAY PERIOD TO PROTECT THE INTERESTS OF THE INSURED.

SECTION 26. Chapter 176A of the General Laws is hereby amended by striking out section 8U, inserted by section 3 of said chapter 345 of the acts of 2000.

SECTION 27. Said chapter 176A is hereby further amended by inserting after section 8X the following section:-

Section 8Y. Any contract between a subscriber and the corporation under an individual or group hospital service plan that provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and all group members having a principal place of employment within the commonwealth for the expenses incurred in the medically necessary diagnosis and treatment of speech, hearing and language disorders by individuals licensed as speech-language pathologists or audiologists under chapter 112, if such services are within the lawful scope of practice for such speech-language pathologists or audiologists regardless of whether the services are provided in a hospital, clinic or private office; provided, however, that such coverage shall not extend to the diagnosis or treatment of speech, hearing and language disorders in a school-based setting. The benefits provided by this section shall be subject to the same terms and conditions established for any other medical condition covered by such individual or group hospital service plan.

SECTION 28. Chapter 176B of the General Laws is hereby amended by striking out section 4U, inserted by section 4 of said chapter 345 of the acts of 2000.

SECTION 29. Said chapter 176B is hereby further amended by inserting after section 4X the following section:-

Section 4Y. Any subscription certificate under an individual or group medical service agreement which provides hospital expense and surgical expense insurance, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits for residents of the commonwealth and to all group members having a principal place of employment within the commonwealth for the expenses incurred in the medically necessary diagnosis and treatment of speech, hearing and language disorders by individuals licensed as speech-language pathologists or audiologists under chapter 112, if such services are rendered within the lawful scope of practice for such speech-language pathologists or audiologists regardless of whether the services are provided in a hospital, clinic or private office; provided, however, that such coverage shall not extend to the diagnosis or treatment of speech, hearing and language disorders in a school-based setting. The benefits provided by this section shall be subject to the same terms and conditions established for any other medical condition covered by such individual or group medical service agreement.

SECTION 30. Chapter 176G of the General Laws is hereby amended by striking out section 4N, inserted by section 6 of chapter 355 of the acts of 2000.

SECTION 31. Said chapter 176G is hereby further amended by inserting after section 4P the following section:-

Section 4Q. Any group health maintenance contract, except contracts providing supplemental coverage to Medicare or to other government programs, delivered, issued or renewed by agreement within or without the commonwealth shall provide to a member or enrollee coverage for the cost of human leukocyte antigen testing or histocompatibility locus antigen testing that is necessary to establish the member's or enrollee's bone marrow transplant donor suitability. The coverage shall cover the costs of testing for A, B or DR antigens, or any combination thereof, consistent with rules, regulations and criteria established by the department of public health pursuant to section 218 of chapter 111.

SECTION 32. Section 16 of chapter 176P of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "that", in line 2, the following word:- it.

SECTION 33. Section 1 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out the definition of "Division" and inserting in place thereof the following definition:-

"Division", the division of victim compensation and assistance within the department of the attorney general, established in section 11K of chapter 12.

SECTION 34. Chapter 425 of the acts of 2000 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Section 2 of chapter 180 of the special acts of 1917 is hereby amended by adding the following sentence:- The controller of accounts shall have all the powers and duties imposed by law on purchasing agents and shall act as the chief procurement officer for the city.

SECTION 35. Section 2 of chapter 26 of the acts of 2001 is hereby amended by striking out, in line 2, the figure "12" and inserting in place thereof the following figure:- 42.

SECTION 36. Chapter 74 of the acts of 2002 is hereby amended by striking out section 10 and inserting in place thereof the following section:-

Section 10. Said section 401 of said chapter 110A, as so appearing, is hereby further amended by inserting after the word "organization", in line 52, the following words:- , a limited liability company, a limited liability partnership.

SECTION 37. Section 2 of chapter 28 of the acts of 2002 is hereby amended by inserting after the word "Brockton" the following word:- , Everett.

SECTION 38. Item 1599-0041 of section 2 of chapter 184 of the acts of 2002 is hereby amended by striking out the words "extended care foundation" and inserting in place thereof the following words:- Extended Care Federation.

SECTION 39. Item 2000-2013 of section 2 of chapter 236 of the acts of 2002 is hereby amended by striking out the figure "2DDD" and inserting in place thereof the following figure:- 2HHH.

SECTION 40. Item 6006-9980 of section 2 of chapter 246 of the acts of 2002 is hereby amended by striking out the figure "51" and inserting in place thereof the following figure:- 52.

SECTION 41. Item 6037-0017 of said section 2 of said chapter 246 is hereby amended by striking out the figure "6033-1969" and inserting in place thereof the following figure:- 6036-9698.

SECTION 42. Section 11 of said chapter 246 is hereby amended by striking out the word "Section" and inserting in place thereof the following words:- Item 6034-9605 of section.

SECTION 43. Section 19 of said chapter 246 is hereby amended by striking out the words "striking out, in lines 18 and 19, the words 'Tanzio road' and inserting in place thereof the following words:- 'Malburn street',- and by".

SECTION 44. Section 25 of said chapter 246 is hereby amended by striking out the figure "49" and inserting in place thereof the following figure:- 48.

SECTION 45. Section 28 of said chapter 246 is hereby amended by striking out the word "four", each time it appears, and inserting in place thereof, in each instance, the following figure:- 27.

SECTION 46. Section 55 of said chapter 246 is hereby amended by striking out, in lines 4 and 5, the words "paragraph c of section 2 of chapter 811 of the acts of 1985, section 143 f chapter" and inserting in place thereof the following words:- clause (c) of section 2 of chapter 811 of the acts of 1985, section 143 of chapter.

SECTION 47. Chapter 300 of the acts of 2002 is hereby amended by striking out sections 61 to 63, inclusive, and inserting in place thereof the following 3 sections:-

Section 61. Section 38C of chapter 3 of the General Laws are hereby repealed.

Section 62. Section 61 shall take effect on January 1, 2005.

Section 63. Sections 9 and 10 shall apply to taxable years ending after September 10, 2001.

SECTION 48. Section 35 shall take effect as of July 1, 2001.

SECTION 49. Section 36 shall take effect as of June 28, 2002.

Approved January 1, 2003.