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  • Acts
  • 2012
  • Chapter 118 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2012 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2012 and to make certain changes in law, 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. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2012, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.
SECTION 2.

DISTRICT ATTORNEY
Hampden District Attorney

0340-0598............................................................. $70,000

Bristol District Attorney

0340-0998............................................................. $25,000

Berkshire District Attorney

0340-1198............................................................. $53,780

Office of the Treasurer and Receiver General

0610-2000.. ......................................................... $250,000

STATE ETHICS COMMISSION
State Ethics Commission

0900-0100............................................................. $60,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves

1599-3384.......................................................... $3,100,000

2000-0100.. For a reserve to meet the cost of proactive eradication and control of larvicide mosquitoes, in order to prevent the spread of eastern equine encephalitis in Bristol and Plymouth counties............ $200,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health

4512-0225............................................................ $270,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Developmental Services

5930-1000......................................................... $10,564,865

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of State Police

8100-1001.......................................................... $1,800,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Military Division

8700-1150.......................................................... $3,000,000

Franklin Sheriff’s Office

8910-0108............................................................ $300,000

Barnstable Sheriff’s Office

8910-8200............................................................ $600,000

Bristol Sheriff’s Office

8910-8300............................................................ $900,000

Dukes Sheriff’s Office

8910-8400............................................................. $36,000

Plymouth Sheriff’s Office

8910-8700.......................................................... $4,600,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance

1599-4278.. For a reserve to meet the fiscal year 2012 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Coalition for Public Safety Unit 5, at the alcoholic beverages control commission...... $9,848

1599-4303.. For a reserve to meet the fiscal year 2012 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Barnstable county sheriff’s department and the American Federation of State, County and Municipal Employees, Local 1462C, AFL /AFL-CIO, Council 93, Local 1462C.............. $12,689

1599-7050.. For a reserve to evaluate the retiree health care cost valuation of cities and towns; provided, that funds from this item may be used by the public employee retirement administration commission in accordance with section 20 of chapter 32B of the General Laws............. $40,000

1599-7051.. For a reserve to evaluate the retiree healthcare cost valuation; provided, that funds from this items may be used by the Health Care Security Trust for the study of the operation and structure of the group insurance commission or any other aspects of employee healthcare in accordance with section 58 of chapter 176 of the acts of 2011 $150,000

EXECUTIVE OFFICE OF EDUCATION
Department of Higher Education

7077-0024.. For a contract with the Cummings School of Veterinary Medicine at Tufts University; provided, that funds appropriated in this item shall be expended for workforce training support targeted to specific skills required within the life sciences sector........ $210,000

SECTION 2C.I. For the purpose of making available in fiscal year 2013 balances of appropriations which otherwise would revert on June 30, 2012, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding items in section 2 of the general appropriation act for fiscal year 2012. The unexpended balances of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 68 of the acts of 2011. For items which do not appear in said section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding items in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the funds designated for the corresponding items in said section 2 of the general appropriation act; provided, however, that for items which do not appear in said section 2 of the general appropriation act, the amounts in this section are re-appropriated from the funds designated for the corresponding items in said section 2 or 2A of this act or in prior appropriation acts.

DISTRICT ATTONERY
Berkshire District Attorney

0340-1102.. ......................................................... $194,134

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance

1599-2013.. ......................................................... $617,000

SECTION 2E. To provide for certain unanticipated obligations of the commonwealth, to provide for alterations of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29 without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2012. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.

OFFICE OF THE STATE COMPTROLLER
Office of the State Comptroller

1595-1067.. For an operating transfer to the Delivery System Transformation Initiatives Trust Fund established in section 35UU of chapter 10 of the General Laws; provided, that these funds shall be expended pursuant to the Delivery System Transformation Initiative Master Plan and hospital-specific plans approved in the MassHealth section 1115 demonstration for fiscal year 2012; provided further, that all payments from the Delivery System Transformation Initiatives Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services and shall be subject to the terms and conditions of an agreement with the executive office of health and human services; and provided further, that the secretary of health and human services shall make payments of up to $44,853,333 from the Delivery System Transformation Initiatives Fund to the Cambridge Public Health Commission for fiscal year 2012 only after the Cambridge Public Health Commission transfers up to $22,426,667 of its funds to the Delivery System Transformation Initiatives Trust Fund using a federally permissible source of funds which shall fully satisfy the nonfederal share of such payment................. $186,907,667

SECTION 3. Section 14A of chapter 6A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 28, the word "and".

SECTION 4. Said section 14A of said chapter 6A, as so appearing, is hereby further amended by inserting after the word “boards”, in line 32, the following words:- ; and (7) manage all information technology resources within the departments listed in subsection (a) including, but not limited to, all resources necessary to implement a longitudinal data system to coordinate the collection and analysis of educational data from prekindergarten programs through higher education and oversee the departments' compliance with all standards and policies of the information technology division.

SECTION 5. The first paragraph of subsection (d) of section 4A of chapter 7 of the General Laws is hereby amended by striking out the fifth sentence, added by section 11 of chapter 68 of the acts of 2011, and inserting in place thereof the following sentence:- The division may also offer information technology services to municipalities, authorities, constitutional offices, other political subdivisions of the commonwealth and other states of the United States where the provision of these services to other states will decrease the costs or improve the efficiency of the services provided by the information technology division to the commonwealth.

SECTION 6. Section 22 of said chapter 7 is hereby amended by striking out, in line 20, as appearing in the 2010 Official Edition, the figure "$5,000" and inserting in place thereof the following figure:- $10,000.

SECTION 7. Chapter 10 of the General Laws is hereby amended by inserting after section 35SS the following 2 sections:-

Section 35TT. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Money Follows the Person Rebalancing Demonstration Grant Trust Fund, which shall be administered by the secretary of health and human services. Amounts from the trust fund shall be used for expenses that primarily benefit individuals who have disabilities or long-term illnesses or who are elders. The comptroller shall credit to the trust fund an amount equal to the amount of federal financial participation received by the commonwealth on money follows the person qualified, demonstration or supplemental services under the terms and conditions of the money follows the person rebalancing demonstration as determined by a federally-approved list of home and community-based long-term services and supports and federally-approved allocation methodologies for home and community-based long-term services and supports purchased through capitated arrangements. The funds shall be used to fund slots for participants in the 2 new money follows the person home and community-based waiver programs established to support the commonwealth's rebalancing initiative. The secretary may authorize expenditures of amounts from the trust fund without further appropriation. The comptroller shall transfer to the trust fund not later than the tenth business day of each quarter, an amount equal to the amount of enhanced federal financial participation collected from the previous quarter. The secretary may certify for payment amounts in anticipation of federal revenues collected for the corresponding quarter during the previous fiscal year. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the secretary may incur expenses, after written approval from the secretary of administration and finance, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system.

Section 35UU. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Delivery System Transformation Initiatives Trust Fund, which shall be administered by the secretary of health and human services. Monies from the trust fund may be expended for delivery system transformation initiatives payments to qualifying providers under an approved federal waiver. Amounts credited to the trust fund shall not be subject to further appropriation.

SECTION 8. Chapter 29 of the General Laws is hereby amended by striking out section 2OOO, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 2OOO. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Care Trust Fund. The secretary of administration and finance shall be the trustee of the fund and shall expend money in the fund for the purposes described herein.
There shall be credited to the trust fund: (a) all contributions collected under section 188 of chapter 149; (b) all revenue from surcharges imposed under section 18B of chapter 118G; (c) any transfers from the Health Safety Net Trust Fund established in section 36 of said chapter 118G; (d) revenues deposited from penalties collected under chapter 111M; and (e) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund. Amounts credited to the fund shall be expended without further appropriation for programs administered by the commonwealth health insurance connector authority pursuant to chapter 176Q that are designed to increase health coverage for residents of the commonwealth. Money from the fund may be transferred to the Health Safety Net Trust Fund or any successor fund, as necessary to provide payments to acute hospitals and community health centers for reimbursable health services. Not later than January 1, the comptroller shall report an update of revenues for the current fiscal year and prepare estimates of revenues to be credited to the fund in the subsequent fiscal year. The comptroller shall file this report with the secretary of administration and finance, the secretary of health and human services, the joint committee on health care financing and the house and senate committees on ways and means. Monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund; provided, however, that the comptroller shall report the amount remaining in the fund at the end of each fiscal year to the house and senate committees on ways and means.

SECTION 8A. Section 58 of chapter 31 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “examination”, in line 24, the following words:- ; provided, however, that an applicant who reached 21 years of age while serving on active military duty, who was not 21 on or before the date of an original examination, shall be eligible for any subsequent make up examination that is offered.

SECTION 9. Section 19 of chapter 32B of the General Laws is hereby amended by striking out, in lines 165 to 167, inclusive, as so appearing, the words “not later than October 1 of each year and the transfer of subscribers to the commission shall take effect on the following July” and inserting in place thereof the following words:- on or before December 1 of each year for the transfer of subscribers to the commission effective the following July 1, or on or before July 1 of each year for the transfer of subscribers to the commission effective the following January.

SECTION 10. The first sentence of subsection (a) of section 21 of said chapter 32B, as appearing in section 3 of chapter 69 of the acts of 2011, is hereby amended by adding the following words:- or by vote of the district’s governing board.

SECTION 11. The second sentence of subsection (a) of section 23 of said chapter 32B, as so appearing, is hereby amended by striking out the words “and the transfer of subscribers to the commission shall take effect on the following July” and inserting in place thereof the following words:- for the transfer of subscribers to the commission effective the following July 1, or on or before July 1 of each year for the transfer of subscribers to the commission effective the following January.

NO SECTIONS 12 TO 16.

SECTION 17. Section 51H of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The department shall promulgate regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of a healthcare-associated infection or the occurrence of a serious reportable event. Except as the executive office of health and human services otherwise provides for services to MassHealth members consistent with section 2702 of the Patient Protection and Affordable Care Act (P.L. 111-148), a health care facility shall not charge or seek reimbursement for a healthcare-associated infection or a serious reportable event that the facility has determined, through a documented review process and under regulations promulgated by the department, was: (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider’s policies and procedures; provided, however, that for services to MassHealth members, the health care facility shall perform this documented review process and determination solely for the purposes of reporting to the department.

SECTION 18. Said section 51H of said chapter 111, as appearing in section 65 of chapter 451 of the acts of 2008, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The department shall promulgate regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of a healthcare-associated infection or the occurrence of a serious reportable event. Except as the executive office of health and human services otherwise provides for services to MassHealth members consistent with section 2702 of the Patient Protection and Affordable Care Act (P.L. 111-148), a health care facility shall not charge or seek reimbursement for a healthcare-associated infection or a serious reportable event that the facility has determined, through a documented review process and under regulations promulgated by the department, was: (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider’s policies and procedures; provided, however, that for services to MassHealth members, the health care facility shall perform this documented review process and determination solely for the purposes of reporting to the department.

SECTION 19. The eighth paragraph of section 2 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following 2 sentences:- The board shall also require, as a condition of granting or renewing a physician’s certificate of registration, that the physician apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. A physician who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 20. Section 16 of said chapter 112, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

Notwithstanding the foregoing, the board shall require as a condition of granting or renewing a podiatrist’s certificate of registration, that the podiatrist apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. A podiatrist who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 21. Section 45 of said chapter 112, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

The board shall require as a condition of granting or renewing a dentist’s certificate of registration, that the dentist apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. A dentist who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 22. Section 68 of said chapter 112, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

Notwithstanding the foregoing, the board shall require as a condition of granting or renewing an optometrist’s certificate of registration, that the optometrist apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. An optometrist who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 23. The sixth paragraph of section 80B of said chapter 112, as so appearing, is hereby amended by adding the following 2 sentences:- The board shall require as a condition of granting or renewing authorization in advanced practice nursing, that the nurse apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. A nurse practicing in an advanced practice nursing role who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 24. Section 9 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

The secretary of health and human services may design, establish and administer a basic health program pursuant to and in conformity with federal law, including 42 U.S.C. § 18051. Any such program shall be subject to regulations promulgated by the executive office; provided, however, that such program shall be available to residents of the commonwealth who are United States citizens or lawfully present aliens, to the extent permitted by federal law, whose household income is 200 per cent or less of the federal poverty level as calculated pursuant to the regulations of the executive office.

SECTION 25. Said chapter 118E is hereby further amended by inserting after section 9E the following section:-

Section 9F. (a) The secretary of health and human services may establish, subject to appropriation, all required federal approvals and agreements and the availability of federal financial participation a demonstration to integrate care for dual eligible individuals program, hereinafter referred to as the duals demonstration, for residents, aged 21 to 64 at the time of enrollment, who are dually eligible for benefits under MassHealth Standard or CommonHealth and Medicare under Title XVIII of the Social Security Act and do not have any additional comprehensive health coverage. Under the duals demonstration, the executive office, jointly with the Centers for Medicare and Medicaid Services, shall contract with dual eligible integrated care organizations, hereinafter referred to as ICOs, to provide integrated, comprehensive Medicaid and Medicare services, including medical, behavioral health and long-term support services for a prospective blended payment from the executive office and the Centers for Medicare and Medicaid Services.

(b) Notwithstanding any general or special law to the contrary, the secretary of health and human services may review a request for financial solvency certification by a care delivery organization based in the commonwealth applying to serve as a Medicare plan caring for residents who are dually eligible for Medicare and Medicaid. Upon determination that appropriate financial standards, which may be the standards already in place for organizations with contracts pursuant to this section, have been met, the secretary shall so certify to the centers for Medicare and Medicaid services. Said secretary may require the requesting organization to pay a reasonable certification fee.

(c) No contract to provide ICO services under this section shall constitute the business of insurance and no such plan shall be subject to chapters 175 to 176O, inclusive. Nothing in this subsection shall affect the legal status or obligations under said chapters 175 to 176O, inclusive, of any entity otherwise constituting or conducting the business of insurance for any other purpose.

SECTION 26. Chapter 176G of the General Laws is hereby amended by striking out section 16A, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 16A. The commissioner shall not disapprove a health maintenance contract: (i) if it complies with the requirements of 42 U.S.C. Sec. 18022(e); or (ii) on the basis that it includes a deductible that is consistent with the requirements for a high deductible plan as defined in section 223 of the Internal Revenue Code and implementing regulations or guidelines; provided, however, that the maximum deductible shall not be greater than the maximum annual contribution to a health savings account permitted under said section 223 of the Internal Revenue Code; and, provided further, that a deductible equal to the maximum annual contribution to a health savings account shall only be approved for products which include a health savings account permitted under said section 223 of the Internal Revenue Code.

SECTION 27. Section 1 of chapter 176J of the General Laws is hereby amended by inserting after the definition of “Adjusted average market premium price”, as so appearing, the following definition:-

“Affordable Care Act,” the federal Patient Protection and Affordable Care Act, Public Law 111-148, adopted March 23, 2010, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and federal regulations adopted pursuant to that act.

SECTION 28. Said section 1 of said chapter 176J is hereby further amended by inserting after the definition of “Carrier”, as so appearing, the following 2 definitions:-

“Catastrophic plan”, a health benefits plan limited exclusively for sale to eligible individuals who also meet the requirements of eligibility for catastrophic plans as defined in 42 U.S.C. § 18022(e) with premium rates that are consistent with section 3.

“Child-only plan”, a health benefits plan limited exclusively for sale to eligible children in accordance with 42 U.S.C. § 300gg-6(c) and 42 U.S.C. § 18022(f) with premium rates that are consistent with section 3.

SECTION 29. Said section 1 of said chapter 176J is hereby further amended by inserting after the definition of "Date of enrollment”, as so appearing, the following definition:-

“Eligible child”, an eligible individual who, as of the beginning of a plan year, has not attained the age of 21 and who is seeking to enroll in a child-only plan offered by a carrier.

SECTION 30. The definition of “Eligible individual” in said section 1 of said chapter 176J, as appearing in section 19 of chapter 142 of the acts of 2011, is hereby amended by adding the following words:- ; and provided further, that unless specifically stated otherwise, persons eligible to buy child-only plans and catastrophic plans shall be considered “eligible individuals” for the purposes of this chapter.

SECTION 31. Said section 1 of said chapter 176J is hereby further amended by inserting after the definition of “Trade Act/HCTC-eligible persons”, as appearing in the 2010 Official Edition, the following definition:-

“Transitional reinsurance program”, a 3-year temporary reinsurance program, as further described in section 1341 of the Affordable Care Act.

SECTION 32. Paragraph (1) of subsection (a) of section 4 of said chapter 176J, as so appearing, is hereby amended by adding the following sentence:-Notwithstanding the foregoing, this section shall not apply to health benefit plans sold exclusively as child-only plans or catastrophic plans.

SECTION 33. Said chapter 176J is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. The commissioner may study the implementation of, establish, if warranted, and supervise a transitional reinsurance program pursuant to section 1341 of the federal Affordable Care Act or, if the commissioner believes that such program is not appropriate for the commonwealth, to apply for any appropriate waiver from the requirement to implement such program. The commissioner may promulgate regulations to enforce this section; provided, however, that before a waiver is sought or a transitional reinsurance program is to be implemented, the commissioner shall provide a report on the decision and the details of any proposed program to the clerks of the senate and house of representatives and the senate and house committee on ways and means.

SECTION 34. Chapter 176O of the General Laws is hereby amended by adding the following section:-

Section 22. Notwithstanding any other general or special law to the contrary, each carrier shall require, as a condition of participation in the carrier’s provider network by a physician, dentist, optometrist, podiatrist and nurse practicing in an advance practice nursing role, that such provider also apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. Any such provider who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

SECTION 35. Section 1 of chapter 176Q of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the figure “176G”, in line 12, the following words:- ; a dental service corporation organized under chapter 176E; a nonprofit optometric service plan organized under chapter 176F.

SECTION 36. Said section 1 of said chapter 176Q, as so appearing, is hereby further amended by inserting after the definition of “Carrier” the following 2 definitions:-

“Catastrophic plan”, a health benefits plan limited exclusively for sale to eligible individuals who also meet the requirements of eligibility for catastrophic plans as defined in 42 U.S.C. § 18022(e) with premium rates that are consistent with section 3 of chapter 176J.

“Child-only plan”, a health benefits plan limited exclusively for sale to eligible children pursuant to 42 U.S.C. § 300gg-6(c) and U.S.C. § 18022(f) with premium rates that are consistent with section 3 of chapter 176J.

SECTION 37. Said section 1 of said chapter 176Q, as so appearing, is hereby further amended by inserting after the definition of “Division” the following definition:-

“Eligible child”, an eligible individual who, as of the beginning of a plan year, has not attained the age of 21 and who is seeking to enroll in a child-only plan offered by a carrier.

SECTION 38. Said section 1 of said chapter 176Q, as so appearing, is hereby further amended by striking out the definition of “Premium assistance payment” and inserting in place thereof the following 2 definitions:-

“Point-of-service cost-sharing subsidy”, a payment made to a carrier or an individual by the connector to offset point-of-service cost-sharing expenses of an individual which shall include, but not be limited to, copayments, coinsurance and deductibles.

“Premium assistance payment”, a payment made to a carrier or an individual by the connector to offset the value of a health benefit plan premium.

SECTION 39. Said section 1 of said chapter 176Q, as so appearing, is hereby further amended by inserting after the definition of “Rating factor” the following 2 definitions:-

“Stand-alone dental plan”, a nonprofit dental service plan offered by a licensed dental service corporation, as those terms are defined in section 1 of chapter 176E, offered independently of a health benefit plan offered through the connector or offered by: (i) an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; (ii) a nonprofit hospital service corporation organized under chapter 176A; or (iii) a nonprofit medical service corporation organized under chapter 176B.

“Stand-alone vision plan”, a nonprofit optometric service plan offered by a licensed optometric service corporation, as those terms are defined in section 1 of chapter 176F, offered independently of a health benefit plan offered through the connector or offered by: (i) an insurer licensed or otherwise authorized to transact accident and health insurance under chapter 175; (ii) a nonprofit hospital service corporation organized under chapter 176A; or (iii) a nonprofit medical service corporation organized under chapter 176B.

SECTION 40. Section 3 of said chapter 176Q is hereby amended by inserting after the word “plans”, in lines 13, 41 and 44, as so appearing, each time it appears, the following words:- and stand-alone vision or stand-alone dental plans.

SECTION 41. Said section 3 of said chapter 176Q is hereby further amended by inserting after the word “coverage”, in line 34, as so appearing, the following words:- or stand-alone vision or stand-alone dental insurance coverage.

SECTION 42. Clause (a) of said section 3 of said chapter 176Q, as so appearing, is hereby amended by striking out subclause (14) and inserting in place thereof the following subclause:-

(14) develop criteria for plans sold through the connector that are eligible for premium assistance payments or cost sharing.

SECTION 43. Said section 3 of said chapter 176Q is hereby further amended by striking out clause (b), as so appearing, and inserting in place thereof the following clause:-

(b) to determine each applicant’s eligibility for purchasing insurance offered by the connector, including eligibility for premium assistance payments or cost-sharing subsidies for applicants at or below 300 per cent of the federal poverty guidelines.

SECTION 44. Said section 3 of said chapter 176Q, as amended by section 7 of chapter 96 of the acts of 2012, is hereby further amended by adding the following clause:-

(v) to define and establish by regulation a risk adjustment program as required by 42 U.S.C. § 18063; provided, however, that not later than 30 days before a risk adjustment program is established, the board shall provide a report of the program to the clerks of the senate and house of representatives, the senate and house committee on ways and means and the joint committee on health care financing.

SECTION 45. Section 4 of said chapter 176Q, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The connector shall only offer health benefit plans or stand-alone vision or stand-alone dental plans to eligible individuals, eligible children and eligible small groups. Subconnectors may offer all health benefit plans that the connector may offer, including all health benefit plans offered through the commonwealth care health insurance program.

SECTION 46. Section 5 of said chapter 176Q, as so appearing, is hereby amended by inserting after the word “plans”, in line 1, the following words:- and stand-alone vision or stand-alone dental plans.

SECTION 47. Said section 5 of said chapter 176Q, as so appearing, is hereby further amended by inserting after the word “plan”, in lines 4 and 7, each time it appears, the following words:- or stand-alone vision or stand-alone dental plans.

SECTION 47A. Said section 5 of said chapter 176Q, as so appearing, is hereby further amended by striking out, in line 11, the word “Plans” and inserting in place thereof the following words:- “Health plans”.

SECTION 48. Said chapter 176Q is hereby further amended by striking out sections 10 and 11, as so appearing, and inserting in place thereof the following 2 sections:-

Section 10. The connector seal of approval shall be assigned to health benefit plans or stand-alone vision or stand-alone dental plans, as applicable, that the board determines: (i) meet the requirements of subsection (d) of section 5; (ii) provide good value to consumer; (iii) offer high quality; and (iv) are offered through the connector.

Section 11. When an eligible individual, eligible child or eligible small group is enrolled in the connector by a producer licensed in the commonwealth, the health plan or stand-alone vision or stand-alone dental plan chosen by each eligible individual, eligible child or eligible small group shall pay the producer a commission that shall be determined by the board. In setting the commission for health plans, the board of the connector shall consider rates of commissions paid to producers for health plans issued under chapter 176J as of January 1, 2006.

SECTION 49. Section 12 of said chapter 176Q, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The connector may apply a surcharge to all health benefit plans or stand-alone vision or stand-alone dental plans which shall be used only to pay for administrative and operational expenses of the connector; provided, however, that any such surcharge shall be applied uniformly to all health benefit plans or uniformly to all stand-alone vision or stand-alone dental plans offered through the connector and subconnectors; and provided further, that a subconnector may charge an additional fee to be used only to pay for additional administrative and operational expenses of the subconnector. The surcharges shall not be used to pay any premium assistance payments under the commonwealth care health insurance program under chapter 118H.

SECTION 49A. Section 277 of chapter 60 of the acts of 1994 is hereby amended by striking out, in lines 2, 3, 7, 13, 16, 23, 25, 26, 34, 43, 48, 53, 119, 121, 126, 129, 132, 133, 135, 140, 206 and 209 the word “college” and inserting in place thereof, in each instance, the word “university”.

SECTION 49B. Subsection (b) of said section 277 of said chapter 60 is hereby amended by inserting after the definition of “educational institution” the following definition:-

“Enterprise center”, the enterprise center at Salem state university, a small business growth center which attracts and retains small and growing businesses and offers a wide range of workshops and educational programs for entrepreneurs, owners of small and growing businesses and managers of non-profit organizations and provides office and light manufacturing space and related facilities.

SECTION 49C. Said subsection (b) of said section 277 of said chapter 60 is hereby further amended by striking out the definition of “site” and inserting in place thereof the following definition:-

“Site”, the 37.5 acre site, within the city of Salem, which was formerly the site of the GTE/Sylvania plant, located proximately between the north and south campuses of Salem state university and such other properties, including land and buildings thereon, that are determined by the corporation to be important in allowing the corporation to fulfill its purposes under paragraph (5) of subsection (c).

SECTION 49D. Subsection (c) of said section 277 of said chapter 60 is hereby amended by striking out paragraph (5) and inserting in its place the following paragraph:-

(5) The purposes of the corporation shall be to (i) promote the orderly growth and development of the university; (ii) to assist the university in securing physical and financial resources necessary for the acquisition and development of the site; and (iii) to manage and operate the enterprise center.

SECTION 50. Item 1102-5600 of section 2C of chapter 304 of the acts of 2008 is hereby amended by inserting after the word “Northampton”, in line 82, the following words:- ; provided further, that not less than $300,000 shall be expended to complete a courthouse master plan for the city of New Bedford which shall examine the judiciary’s needs, existing court facilities and the possible reuse and expansion of the superior court into a regional justice center.

SECTION 51. Item 1599-1705 of section 2A of chapter 52 of the acts of 2011, as amended by section 24 of chapter 36 of the acts of 2012, is hereby further amended by inserting after the word “storm” the following words:- and the October 2011.

SECTION 51A. Item 0900-0100 of section 2 of chapter 68 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further that any funds remaining in this item on June 30, 2012 shall not revert and shall be available for expenditure by this item until June 30, 2013.

SECTION 52. Said section 2 of said chapter 68 is hereby further amended by striking out item 4180-1100 and inserting in place thereof the following item:-

4180-1100.. For the Soldiers' Home in Massachusetts which may expend not more than $425,000 in revenues for facility maintenance and patient care, including personnel costs; provided, that 60 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and expended for the purposes of this retained revenue account of the Soldiers' Home; provided further, that the Soldiers' Home may accept gifts, grants, donations and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued................................................ $425,000.

SECTION 53. Said section 2 of said chapter 68 is hereby further amended by striking out item 4190-1100 and inserting in place thereof the following item:-

4190-1100.. For the Soldiers' Home in Holyoke which may expend not more than $300,000 for facility maintenance and patient care, including personnel costs; provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90 of the General Laws through the purchase of license plates with the designation VETERAN by eligible veterans, upon compensating the registry of motor vehicles for the cost associated with the license plates, shall be deposited into and expended for the purposes of this retained revenue account of the Soldiers' Home; provided further, that the Soldiers' Home may accept gifts, grants, donations and bequests; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the Soldiers' Home may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, prior appropriation continued $300,000.

SECTION 54. Item 4400-1000 of said section 2 of said chapter 68 is hereby amended by adding the following words:- ; provided further, that the commissioner of transitional assistance may transfer funds for identified caseload-related deficiencies between items 4403-2000, 4405-2000 and 4408-1000.

SECTION 55. Item 1599-0026 of section 2 of chapter 68 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds made available under this item shall not revert on June 30, 2012 but shall remain available for expenditure until June 30, 2013.

SECTION 56. Item 9110-2500 of said section 2 of said chapter 68 is hereby amended by adding the following words:- ; provided, that for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

SECTION 57. Item 1599-6152 of section 2E of said chapter 68 is hereby amended by adding the following words:- ; provided further, that notwithstanding any general or special law to the contrary, if the secretary of administration and finance determines that amounts transferred from the General Fund to the State Retiree Benefits Trust Fund are not needed to support the costs of the state employees' retirement system for health care and other nonpension benefits for retired members of the system in fiscal year 2012, the secretary shall notify the comptroller and the house and senate committees on ways and means of this determination and the comptroller shall transfer such amounts from the State Retiree Benefits Trust Fund back to the General Fund; and provided further, that notwithstanding any general or special law to the contrary, the comptroller shall transfer funds under this item to item 1108-5200 of section 2, with the written approval of the secretary to offset employee premium contributions incurred within said item 1108-5200 of said section 2 until June 30, 2012.

SECTION 58. The second paragraph of section 55 of chapter 176 of the acts of 2011 is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- In paying the retirement allowance under the new election, the board, as defined in section 1 of said chapter 32, shall make appropriate adjustments, or arrange for appropriate repayments, so as to recover any overpayments resulting from the prior election. A member may make a lump sum payment or installment payments over a period not exceeding 5 years; provided, however, that with the approval of the board, a member may make installment payments over a period exceeding 5 years.

NO SECTION 59.

SECTION 60. Notwithstanding any general or special law to the contrary, funds appropriated in item 4000-0265 of section 2A of chapter 142 of the acts of 2011 shall be equally distributed to the teaching community health centers with family medicine residency programs in the cities of Fitchburg, Worcester and Lawrence and in the South Boston section of the city of Boston not later than June 30, 2012. The secretary of health and human services shall designate an agency to administer the funds and shall retain 5 per cent of the total funds: (i) to report to the house and senate committees on ways and means and the executive office of health and human services on the use of the funds by community teaching health centers; (ii) to audit such centers in order to confirm the use of the funds by each center for training purposes; and (iii) to study and produce a report by September 15, 2012 on the status and needs of teaching health centers to be submitted to the house and senate committees on ways and means and the secretary of health and human services.

SECTION 61. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority or its successor shall enter into an agreement to establish or amend existing defined benefit retirement or pension benefits only if any employee hired after the effective date of the agreement or amendment is not eligible to receive a subsidized early retirement benefit or a subsidized early retirement pension benefit prior to the completion of 25 years of credited pension service and attainment of 55 years of age. An early retirement benefit or early retirement pension benefit shall be considered to be subsidized if the benefit amount is reduced less than 1/2 per cent for each month, 6 per cent for each year or the pension begins prior to the employee’s normal retirement date. Nothing in this section shall prohibit the Massachusetts Bay Transportation Authority from authorizing retirement prior to attaining age 55 if either: (i) the employee is entitled to a disability pension under the Massachusetts Bay Transportation Authority retirement system; or (ii) the employee has earned the maximum percentage allowed under the retirement formula of the Massachusetts Bay Transportation Authority retirement system and the employee waives the ability to collect a pension and retirement benefit until attaining age 55.

SECTION 62. (a) Notwithstanding the bidding requirements of section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws, chapter 149A of the General Laws or any other general or special law to the contrary, the Massachusetts Bay Transportation Authority may utilize the construction manager/general contractor project delivery method, hereinafter referred to in this section as CM/GC, for the green line extension project, located in the cities of Boston, Cambridge, Somerville and Medford, as a CM/GC pilot project. The pilot project shall emphasize an integrated team approach to the planning, design and construction of the green line extension and shall control schedule, budget and risk allocation while ensuring a quality end product for the project owner. The pilot project shall include engagement of construction expertise in the preconstruction process to enhance constructability, manage risk and facilitate execution of design and construction.

(b) The CM/GC procurement procedures shall be included in a CM/GC pilot project procedures manual which shall be developed by the Massachusetts Bay Transportation Authority in consultation with, and approved by, the office of the inspector general. Prior to approving the procedures manual, the office of the inspector general shall seek input and comment on the procedures manual from the Construction Industries of Massachusetts, Inc.
Any proposed revisions to the CM/GC pilot project procedures manual shall be submitted to the office of the inspector general for review and approval. Prior to approving any proposed revisions, the office of the inspector general shall seek input and comment on the revisions from the Construction Industries of Massachusetts, Inc.

(c) The procurement procedures shall encourage participation by qualified firms through a qualifications and price-based process and shall include requests for proposals, technical scores and price components and criteria for prequalification, which shall include minimum levels of experience, financial capability, bonding capacity, demonstrated commitment to obtaining meaningful disadvantaged business enterprise participation during all phases of the CM/GC process, workforce diversity and any other criteria deemed appropriate for evaluation, selection and award by the Massachusetts Bay Transportation Authority board of directors.

(d) The CM/GC shall be required to self-perform construction work amounting to not less than 50 per cent of the total construction contract price, but any items designated in the construction contract as specialty items may be performed by subcontract and the cost of any such specialty items so performed by subcontracts shall be deducted from the total cost computing the amount of work required to be performed by the CM/GC with the CM/GC’s own organization. A listing of items considered to be specialty items shall be included in the request for proposals.

(e) The General Laws generally applicable to public works projects procured by the Massachusetts Bay Transportation Authority including, but not limited to, sections 39F, 39G, 39H, 39J, 39M, except the first sentence of subsection (a) of said section 39M, 39N, 39O, 39P and 39R of chapter 30 of the General Laws and sections 26, 27, 27A, 27B, 27C, 27D, 27F, 34A and 44H of chapter 149 of the General Laws shall apply to the pilot project.

(f) In developing, modeling and implementing the CM/GC project delivery method, the Massachusetts Bay Transportation Authority shall follow the General Laws set forth in subsection (e) generally applicable to public works projects.

(g) The Massachusetts Bay Transportation Authority shall establish, in consultation with the office of the inspector general and the Federal Transit Administration, such additional procurement requirements, procedures and project standards as are necessary to encourage full competition and best construction practices. The general manager of the Massachusetts Bay Transportation Authority, or a designee, may consult with legal, financial, technical and other experts within and outside state government in the implementation of this section.

(h) Within 2 years after the effective date of this section, every 2 years during the term of the project and within 6 months after completion of construction of the project, the general manager of the Massachusetts Bay Transportation Authority shall file reports with the house and senate committees on ways and means, the joint committee on transportation and the clerks of the house of representatives and senate. The reports shall evaluate the selection process of the CM/GC, the preconstruction phase services provided by the CM/GC, the effectiveness of the CM/GC as the project transitions through guaranteed maximum price negotiations leading to the contracting for the full scope of construction and an evaluation of the construction phase services provided by the CM/GC. Each report shall include, but not be limited to, a determination of the following aspects for the project:

(1) whether a CM/GC best-value selection criteria, procedure or requirement set forth in the CM/GC pilot project procedures manual should be revised to improve the outcome of the project, the rationale for the improvements and recommended revisions;
(2) whether tangible benefits were achieved from the CM/GC’s input into the preconstruction services phase of the project based on a comparison of traditional procurement delivery methods and examples of any such benefits;
(3) the planned or budgeted cost and duration of preconstruction services, the actual cost and duration of the preconstruction services and a summary of any significant variances of greater than 20 per cent between them;
(4) an assessment of whether the CM/GC’s preconstruction services expedited the completion of the design and streamlined the design phase by reducing detailed engineering, which is not required for noncritical aspects of the design and improved the constructability of the project;
(5) an evaluation of the CM/GC’s overall quality of work during construction, including management of the construction materials and installation and the level of punch-list work required, and a determination of whether the CM/GC’s overall quality of work during construction is directly proportional to the quality of the CM/GC’s input during design;
(6) a comparison of the original guaranteed maximum price to the final or adjusted guaranteed maximum price, at the completion of the project, or of each interim guaranteed maximum price, if applicable; provided, however, that this comparison shall be inclusive of all the realized expenditures for all of the authorized changes beyond the scope of the original guaranteed maximum price and shall include a narrative to explain the rationale for any significant variances within each of the main cost centers of the project;
(7) an assessment of the effectiveness of any interim guaranteed maximum price that was issued to start and maintain critical construction progress, including the negative and positive impacts of allowing a CM/GC to proceed on aspects of construction without a guaranteed maximum price for the total project scope;
(8) a detailed evaluation of the CM/GC’s performance including, but not limited to, the CM/GC’s communication with the designer of record and the awarding authority, cooperation with the rest of the project team members and stakeholders, effectiveness of input during the design, ability or willingness to successfully negotiate reasonable and comprehensive guaranteed maximum prices, general contracting effectiveness, quality of construction, cost estimating skill sets, willingness to work on solutions instead of claims, the ability to recover from schedule delays and the ability to complete the project as efficiently as possible;
(9) an identification of any bid protest filed as a result of the use of the CM/GC project delivery method, the decision and a detailed explanation of the rationale for the decision; and
(10) an assessment of whether and in what ways the CM/GC procurement process, procedures or requirements set forth in the CM/GC pilot project procedures manual have impacted disadvantaged business enterprise and small business contracting opportunities.

The final report for the pilot project shall include a recommendation of whether it would be beneficial for the commonwealth to utilize the construction approach authorized in this section in conjunction with other construction projects.

(i) Nothing in subsections (a) to (g), inclusive, shall limit the general powers of the Massachusetts Bay Transportation Authority under chapter 161A of the General Laws. Said subsections (a) to (g), inclusive, shall effectuate the purposes of implementing the CM/GC pilot project.

(j) The general manager of the Massachusetts Bay Transportation Authority may delegate any of the powers conferred on the general manager in this section to a designee, but the general manager shall not delegate the power to award the CM/GC pilot project contract which shall be exclusively vested in the board of directors of the Massachusetts Bay Transportation Authority.

(k) Notwithstanding any provision of this section to the contrary, upon the expenditure of $100,000,000 for the green line extension project, the secretary of administration and finance and the secretary of transportation shall file a report with the office of the inspector general, the house and senate committees on ways and means, the joint committee on transportation and the clerks of the house of representatives and senate that reviews the success of the CM/GC procurement method and certifies their approval of the procurement method for subsequent expenditures or phases of the green line extension project.

SECTION 63. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not exceeding a total of $18,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 68 of the acts of 2011, shall not revert to the General Fund until September 1, 2012, and may be expended by the executive office of health and human services to pay for services enumerated in said items 4000-0600 and 4000-0700 of said section 2 of said chapter 68 provided during fiscal year 2012.

SECTION 64. The salary adjustments and other cost items authorized by the following 2011 amendments to collective bargaining agreements, for the period from July 1, 2011 to June 30, 2014, inclusive, shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(a) between the Barnstable Sheriff and Barnstable Correction Officers, BCCOU;
(b) between the Barnstable Sheriff and Barnstable Radio Operators, IBCO Local 217;
(c) between the Barnstable Sheriff and Barnstable Nurses, NAGE Local 58;
(d) between the Barnstable Sheriff and Barnstable Clerical, NAGE Local 220;
(e) between the Dukes Sheriff and Dukes Correction Officers, MCOFU;
(f) between the Essex Sheriff and Essex County Correction Officers Association;
(g) between the Essex Sheriff and Essex Administrators, IBCO Local R1-27;
(h) between the Suffolk Sheriff and Suffolk Captains, AFSCME Locals 3967 and 3643;
(i) between the Board of Higher Education and the American Federation of State, County and Municipal Employees Local 1067;
(j) between the commonwealth and the National Association of Government Employees Local R1 292, Unit A;
(k) between the commonwealth and SEIU Local 888, for the Berkshire registry of deeds;
(l) between the commonwealth and OPEIU Local 6, for the Middlesex North registry of deeds;
(m) between the commonwealth and OPEIU Local 6, for the Middlesex South registry of deeds; and
(n) between the commonwealth and OPEIU Local 6, for the Hampden registry of deeds.

SECTION 65. Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 68 of the acts of 2011 for the purpose of reducing any deficiency in these items, but any such transfer shall be made not later than August 30, 2012.

SECTION 66. Notwithstanding any general or special law to the contrary, the unexpended balances of all capital accounts which otherwise would revert on June 30, 2012, but which are necessary to fund obligations during fiscal year 2013, are hereby re-authorized; provided, however, that this re-authorization shall terminate upon enactment of a capital account extension law.

NO SECTION 67.

SECTION 68. If the secretary of health and human services establishes a basic health program as authorized in section 9 of chapter 118E of the General Laws, enrollment in such program shall begin not earlier than January 1, 2014.

SECTION 69. Section 18 shall take effect on October 1, 2012.

Approved, June 19, 2012.