• Acts
  • 2003

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to regulate the disposition of fiscal relief funds and federal Medicaid assistance percentage funds, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Notwithstanding any general or special law to the contrary, the comptroller shall deposit fiscal relief funds and increased federal Medicaid assistance percentage funds received from the federal government during fiscal years 2004 and 2005 pursuant to the Jobs Growth Reconciliation Act of 2003 in excess of the amount transferred to the Uncompensated Care Trust Fund by section 618 of chapter 26 of the acts of 2003, to the Federal Medicaid Assistance Percentage Escrow Fund, which shall be established and set up on the books of the commonwealth. This fund shall be subject to appropriation, shall contribute to the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws, and shall expire June 30, 2005 at which time the comptroller shall transfer any remaining fund balance to the Stabilization Fund.

SECTION 2. Section 2 of chapter 26 of the acts of 2003 is hereby amended by inserting after item 1599-3384 the following item:-

1599-3391 For a reserve for the payment or reimbursement of certain court judgments, settlements or legal fees; provided, that in accordance with regulations promulgated by the comptroller, prior fiscal year judgments, settlements or legal fees may be paid or reimbursed from this item; provided that, not less than $3,500,000 shall be provided for payment or reimbursement for legal fees and other costs associated with civil action number 2002-10428-DPW and civil action number 2002-11190-DPW; provided further, that $486,000 shall be expended from this item for the resolution of the Adam Dzialo case; provided, that the comptroller shall report quarterly to the house and senate committees on ways and means on the amounts expended from this item; provided further, that no amount appropriated in this item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court of Massachusetts; and provided further, that no funds shall be expended from this item for any settlements pursuant to Superior Court Civil Action NO. 03-1913, BLS Allen's Pharmacy Cape Ann, & others vs. Christine C. Ferguson, Acting Commissioner of the Massachusetts Division of Health Care Finance and Policy ..........................................................................................................................................$16,579,000.

SECTION 3. Said section 2 of said chapter 26 is hereby further amended by inserting after item 1599-7778 the following item:-

1599-8087 For a reserve to fund the costs associated with the relocation of state agencies to the Leverett Saltonstall State Office Building; provided, however, that the secretary for administration and finance may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2004 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose ................................................. $5,582,339.

Governor returned with dissaprovals in Sections 4 and 5
Subsection (a) of section 616 of said chapter 26 is hereby amended by striking out clause (v) and inserting in place thereof the following clause:- (v) shall have received his pay advices via the commonwealth's human resources compensation management system or the University of Massachusetts's human resource management information system or paid by the Nashoba Associated Boards of Health or whose regular compensation is funded from federal, trust or capital accounts, pursuant to chapter 29 of the General Laws.

SECTION 5. Section 4 of this act shall expire on January 1, 2004.

Approved (in part) November 21, 2003.