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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE ABILITY OF ESSENTIAL COMMUNITY PROVIDERS TO FURNISH HUMAN SERVICES.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to furnish human services to community providers, 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. There shall be established the Distressed Provider Expendable Trust Fund, which shall be administered by the secretary of health and human services. Notwithstanding any general or special law to the contrary, in fiscal year 2005, expenditures from the Distressed Providers Expendable Trust Fund shall be dedicated to efforts that are designed to improve and enhance the ability of the essential community providers to serve populations in need more efficiently and effectively, including, but not limited to, the ability to provide community-based care, clinical support and care coordination services, pharmacy management services, or other efforts to create effective coordination between hospital care and ambulatory care sites in the community. The secretary of health and human services shall develop emergency regulations governing the recommended uses of said fund in partnership with the Massachusetts League of Community Health Centers and the Massachusetts Hospital Association; provided, however, that the secretary shall provide a $200,000 one-time grant from the fund for a community health center serving the full range of the underserved population in the town of Barnstable and further serving the dental needs of all of the underserved population throughout the mid-cape area; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a sole community hospital under the Medicare program located in Barnstable county; provide further, that the secretary shall provide a $250,000 one-time grant from the fund for an acute hospital serving the Melrose and Wakefield communities that operates a family health service clinic; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a non-teaching, community, disproportionate share, acute care hospital located in southeastern Massachusetts that provides inpatient care to over 5,000 MassHealth or MassHealth HMO patients per year; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a nonprofit visiting nurse association located in the city of Boston that delivers at least 30 per cent of all MassHealth reimbursed skilled nursing visits and at least 50 per cent of all MassHealth reimbursed home health aide services in Suffolk county; provided further, that the secretary shall provide a $400,000 one-time grant from the fund for a community health center located in the South Boston section of the city of Boston which operates an urgent care center and which is affiliated with the disproportionate share teaching hospital in Suffolk county with the highest volume of free care; provided further, that the secretary shall provide a $350,000 one-time grant from the fund for a community health center located in the Codman square neighborhood of the Dorchester section of the city of Boston providing health care to medically underserved patients in the Dorchester section of the city of Boston, that has formed an integrated health services network to provide access to primary and preventive public health services; provided further, that the secretary shall provide a $350,000 one-time grant from the fund for a community health center located near the Fields corner neighborhood of the Dorchester section of the city of Boston, on Dorchester avenue, providing health care to medically underserved patients in said Dorchester section of the city of Boston, that has formed an integrated health services network to provide access to primary and preventive public health services; provided further, that the secretary shall provide a $400,000 one-time grant from the fund for a community health center with at least 3 sites serving the medically underserved areas of the Dorchester and South Boston sections of the city of Boston, including at least one public housing project; provided further, that the secretary shall provide a $750,000 one-time grant from the fund to a disproportionate share hospital provider in the county formerly know as Essex county that has a family practice residency in partnership with a federally qualified community health center; provided further, that the secretary shall provide a $750,000 one-time grant from the fund for a teaching hospital located in central Berkshire county; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a hospital located in Hampden county, west of the Connecticut river with under 100 beds that participates in MassHealth; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a hospital that is a member of the University of Massachusetts Memorial Health Care system located in Hampden county with less than 50 licensed beds; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a community hospital located in Hampshire county with an affiliation with a teaching hospital located in Hampden county; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a community health center that serves as a family practice residency training site for a commonwealth funded medical school and that assumed the primary care services of the former Worcester city hospital; provided further, that the secretary shall provide a $250,000 one-time grant from the fund for a not-for-profit long term acute care hospital located in the Roxbury section of the city of Boston; provided further, that the secretary shall provide a $950,000 one-time grant from the fund to a disproportionate share acute care hospital located in the southeastern Massachusetts division of the medical assistance psychiatric service area that operates an inpatient psychiatric unit within the city of Brockton; provided further, that the secretary shall provide a $4,000,000 one-time grant from the fund for statewide providers with the service area of the Sisters of Providence Health System and Providence Behavioral Health Hospital; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for an acute care hospital located in the city of Gloucester that is part of a health care system; provided further, that the secretary shall provide a $2,500,000 one-time grant from the fund for an acute care hospital located in the city of Holyoke that is affiliated with a commonwealth-owned university medical school and that provides clinical training programs for nurses, allied health professionals and technicians through affiliations with community colleges and private universities; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for Waltham community health center; provided further, that the secretary shall provide a $3,000,000 one-time grant from the fund for a community health center located in Suffolk county that participates in the MassHealth program and operates a 24-hour urgent care facility and a 340B outpatient pharmacy program; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a disproportionate share teaching hospital located in Hampden county; provided further, that said secretary shall provide a $300,000 one-time grant from the fund to inpatient behavioral health providers under contract with MassHealth's managed care contractors for mental health and substance abuse for costs associated with providing care to stuck kids; provided further, that the secretary shall provide a $285,000 one-time grant from the fund for a community, nonprofit, acute care regional teaching hospital located in Worcester county affiliated with the University of Massachusetts Memorial Health Care System; provided further, that the secretary shall provide a $250,000 one-time grant from the fund for a community health center located in the North End section of the city of Boston; provided further, that the secretary shall provide a $500,000 one-time grant from the fund for a community hospital located in the city of Lynn; provided further, that the secretary shall provide a $5,500,000 one-time grant from the fund for a disproportionate share financially distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit that participates in the MassHealth program; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a community hospital located in Norfolk county with an affiliation with a disproportionate share, financially-distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit; provided further, that the secretary shall provide a $1,200,000 one-time grant from the fund for a disproportionate share teaching hospital in Worcester county for emergency mental health services; provided further, that the secretary shall provide a $1,000,000 one-time grant from the fund for a pediatric rehabilitation hospital located in Suffolk county. Nothing in this act shall preclude any hospital or community health center from receiving additional funds from this fund. All expenditures made from said fund shall be made eligible for federal reimbursement by the secretary and the executive office of health and human services. The secretary shall file a report not later than November 1, 2004 to the speaker of the house of representatives, the president of the senate and to the house and senate committees on ways and means outlining the providers to be funded during fiscal year 2005 from the fund, the amount expended or to be expended for each provider pursuant to this section and the amount of anticipated federal reimbursement. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the Uncompensated Care Trust Fund and made available for the administration of the uncompensated care pool in hospital fiscal year 2005.

SECTION 2. This act shall take effect as of July 1, 2004.

Passed without Governor's signature, August 2, 2004.