Chapter 96

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 purpose, which is to make forthwith 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.

JUDICIARY
Committee for Public Counsel Services

0321-1510.......................................................................................... $27,475,505

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance

4405-2000........................................................................................ $11,037,557

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
Department of Career Services

7002-0012...................................................................................... $6,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Housing and Community Development

7004-0101.................................................................................... $18,700,636
7004-0108.................................................................................... $8,499,097

The Governor vetoed the following section, for message see H.4086
SECTION 3. The first sentence of subsection (l) of section 3 of chapter 23K of the General Laws, as appearing in section 16 of chapter 194 of the acts of 2011, is hereby amended by striking out the words “commission may” and inserting in place thereof the following words:- “commission shall”.

The Governor vetoed the following section, for message see H.4086
SECTION 4. Said first sentence of said subsection (l) of said section 3 of said chapter 23K, as so appearing, is hereby further amended by inserting after the word “credit” the following words:- and background.

SECTION 5. Subsection (c) of section 223 of chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out paragraph (2) and inserting in place thereof the following paragraph: -
(2) All competitive foods or beverages sold or provided in public schools shall be limited to foods or beverages that comply with the nutritional standards; provided, however, that the nutritional standards shall not apply to competitive foods and beverages sold on school grounds up to 30 minutes before the beginning of the school day or to competitive foods and beverages sold on school grounds 30 minutes after the end of the school day; provided further, that notwithstanding the foregoing, the nutritional standards shall apply at all times to competitive foods or beverages sold on school grounds through vending machines. A public school district or board of trustees may elect to apply the nutritional standards to competitive foods and beverages sold or provided on school grounds up to 30 minutes before the beginning of the school day or to competitive foods and beverages sold or provided on school grounds 30 minutes after the end of the school day; provided, however that the nutritional standards shall not apply at any time to competitive foods or beverages sold or provided at booster sales, concession stands and other school-sponsored or school-related fundraisers and events.

SECTION 6. Said section 223 of said chapter 111, as so appearing, is hereby further amended by striking out, in line 78, the word “may” and inserting in place thereof the following word: - “shall.”

SECTION 7. Section 3 of chapter 176Q of the General Laws, as so appearing, is hereby amended by adding the following clause:-
(u) to perform all the duties and responsibilities required of an American Health Benefit Exchange, as that term is defined by the Patient Protection and Affordable Care Act, Pub. L. 111-148, amended from time to time, including, but not limited to, the following: (1) the certification of qualified health plans for sale in the Exchange; (2) the determination of eligibility of individuals for shopping, receiving federal premium tax credits and qualifying for reduced cost sharing through the Exchange, as provided by federal law; and (3) the certification of individuals as exempt from the requirements of section 36B of the Internal Revenue Code of 1986.

SECTION 8. The comptroller shall establish a special account, to be known as the APG payment account, for the purpose of paying the costs of settling providers’ claims before the MassHealth board of hearings and the superior court challenging MassHealth’s former Ambulatory Payment Group payment system for acute hospital outpatient services, pursuant to a notice of agreement between the providers and MassHealth dated January 26, 2012. Notwithstanding the last paragraph of section 2H of chapter 29 of the General Laws, the proceeds of one-time settlements or judgments that would otherwise be transferred to the Commonwealth Stabilization Fund shall instead be deposited in the APG payment account, until the comptroller determines that the balance in that account is sufficient to pay those costs. The comptroller shall pay those costs from this account without further appropriation.

Approved (in part), May 11, 2012.

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