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  • Acts
  • 2013
  • Chapter 3 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2013 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 implement forthwith fiscal stability measures for fiscal year 2013, 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 2013, 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, 2013. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

JUDICIARY
Committee for Public Counsel Services.

0321-1510......................................................... $18,350,318
0321-1520.......................................................... $6,649,682

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves.

1599-3384.......................................................... $5,000,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Fish and Game.

2310-0200............................................................ $515,000

Inland Fisheries and Game Fund.......... 100%

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Developmental Services.

5930-1000......................................................... $11,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development.

7004-0101......................................................... $39,000,000
7004-0108.......................................................... $5,300,000

EXECUTIVE OFFICE OF EDUCATION
Department of Higher Education.

7066-0021.......................................................... $1,017,551

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY
Military Division.

8700-1150.......................................................... $2,500,000

SHERIFFS
Middlesex Sheriff’s Office.

8910-0107............................................................ $155,835

Hampshire Sheriff’s Office.

8910-0110............................................................ $472,718

Berkshire Sheriff’s Office.

8910-0145............................................................ $697,353

Franklin Sheriff’s Office.

8910-0108.......................................................... $1,277,768

Essex Sheriff’s Office.

8910-0619.......................................................... $1,600,000

Barnstable Sheriff’s Office.

8910-8200.......................................................... $1,028,036

Bristol Sheriff’s Office.

8910-8300.......................................................... $2,728,490

Dukes Sheriff’s Office.

8910-8400............................................................ $102,678

Norfolk Sheriff’s Office.

8910-8600.......................................................... $1,855,578

Plymouth Sheriff’s Office.

8910-8700.......................................................... $5,836,139

Suffolk Sheriff’s Office.

8910-8800.......................................................... $1,854,299

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, 2013. 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
Reserves.

1599-0054.. For a reserve for costs of the investigation and response related to the breach at the Dr. William A. Hinton Laboratory at the State Laboratory Institute; provided, that the secretary of administration and finance may transfer funds from this item to state agencies, as defined in section 1 of chapter 29 of the General Laws, and to municipalities for this purpose; provided further, that these transfers shall occur on a monthly basis in incremental amounts based on costs to investigate or respond to the Hinton laboratory breach unless the secretary determines that funds are required to be transferred more or less frequently in order to meet necessary funding needs of state agencies and municipalities; provided further, that transfers shall be made in accordance with an executed memorandum of agreement between the secretary and each entity receiving funding, documenting the types of costs eligible for funding under this item and other terms of funding that the secretary considers appropriate, a copy of which shall be filed with the chairs of the house and senate committees on ways and means within 10 days after the agreement’s execution; provided further, that requests for funding of eligible costs pursuant to any such memorandum of agreement shall include documentation evidencing these eligible costs that the secretary, in the secretary’s sole discretion, determines to be sufficient; provided further, that no transfers shall be made from this item before the filing of the applicable memorandum of agreement with the house and senate committees on ways and means; and provided further, that the secretary shall file a quarterly report with the chairs of the house and senate committees on ways and means which identifies, by funding recipient: (i) all funding requests and transfers made for the quarter that has most recently ended; (ii) the total funding requested and transfers by fiscal year; and (iii) projected funding required for the forthcoming quarter .............................. $30,000,000

1599-1712.. For a reserve to meet the costs incurred in response to hurricane Sandy storms; provided, that the comptroller shall transfer funds made available in this item to other departments for this purpose upon the written request of the secretary of administration and finance; and provided further, that expenditures from this item shall be offset by federal reimbursements to the extent available......... $3,000,000

1599-2007.. For a reserve for costs incurred in implementing chapter 224 of the acts of 2012................................................ $2,949,889

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Division of Professional Licensure.

7006-0065.. For the division of standards which may retain not more than $655,000 in revenue from registration fees and fines that it collects under sections 184B to 184E, inclusive, of chapter 94 of the General Laws, and section 56D of chapter 98 of the General Laws to support its enforcement activities as provided in subsection (h) of section 184D of said chapter 94 and, notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided, that notwithstanding said subsection (h) of said section 184D of said chapter 94, the division shall not fund the municipal grant program provided in said subsection (h) of said section 184D of said chapter 94... $655,000

SHERIFFS
Bristol Sheriff’s Office.

8910-8318.. For a cost of living adjustment to supplement existing salaries for employees of the Bristol sheriff’s department; provided, that all payments for the purpose described herein shall only be expended in the AA object class; provided further, that prior to the distribution of funds from this item the sheriff shall submit a compensation spending plan to the house and senate committees on ways and means and the executive office for administration and finance detailing the amount and schedule of disbursement of these funds to each salaried employee; and provided further, that funds shall only be distributed to the members of the collective bargaining units of the Massachusetts Correction Officers Federated Union and the uniformed security staff of the National Correctional Employees Union........................... $1,600,000

SECTION 3. Chapter 10 of the General Laws is hereby amended by striking out section 28B, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

SECTION 28B. The commission shall, on a monthly basis, transmit to the department of transitional assistance, the executive office of health and human services, the office of Medicaid and the IV-D agency, as set forth in chapter 119A, a list of all persons who were the holders of a winning ticket in excess of $600 in the prior month. The information shall be provided in a format which is compatible with the automated data processing systems of the respective department, office or agency to ensure the immediate identification of persons who may be receiving public assistance benefits. The information provided shall include the name, address and social security number of the holder of the winning ticket and the face value of the winning ticket.

SECTION 4. Subclause (f) of clause (2) of section 59 of chapter 23K of the General Laws, as appearing in chapter 194 of the acts of 2011, is hereby amended by striking out, in line 11, the words “25 per cent under clause” and inserting in place thereof the following words:- 20 per cent under subclause.

SECTION 5. The last sentence of paragraph (2) of subsection (b) of section 5 of chapter 44B of the General Laws, as appearing in section 77 of chapter 139 of the acts of 2012, is hereby amended by adding the following words:- ; provided, however, that any project approved by a municipality for the acquisition of artificial turf for athletic fields prior to July 1, 2012 shall be a permitted use of community preservation funding.

SECTION 5A. The fourth paragraph of section 38R of chapter 71 of the General Laws, as appearing in section 7 of chapter 459 of the acts of 2012, is hereby amended by striking out the words “early education and care” and inserting in place thereof the following words:- elementary and secondary education.

SECTION 5B. The definition of “child requiring assistance” in section 21 of chapter 119 of the General Laws, as appearing in section 3 of chapter 240 of the acts of 2012, is hereby amended by striking out the words “or (iv) is habitually truant” and inserting in place thereof the following words:- (iv) is habitually truant; or (v) is a sexually exploited child.

SECTION 6. Section 65 of chapter 143 of the General Laws is hereby amended by striking out the second and third paragraphs, added by section 95 of chapter 68 of the acts of 2011, and inserting in place thereof the following 3 paragraphs:-
No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate has been issued by a qualified state inspector. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $100 for each day that an elevator is in operation without a valid certificate. For the purposes of this section, an elevator shall be deemed to be in operation unless it has been placed out of service or decommissioned in accordance with procedures approved by the board. Fines shall stop accruing on the date on which the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department. For any unit that has a travel distance of 25 feet or less and is located in an owner-occupied single family residence in accordance with section 64, the maximum fine shall be $5,000. For all other units, the maximum fine shall be $20,000. The commissioner or the commissioner's designee, or any other person that the commissioner may specifically authorize, may issue a written notice of violation under section 21 of chapter 22 for a violation of this section.
The commissioner may assess a fee for appeals filed under this section which shall be determined by the secretary of administration and finance under section 3B of chapter 7.
Upon application for annual inspection, owners shall provide to the department a current mailing address for the location of the unit.

SECTION 7. Chapter 146 of the General Laws is hereby amended by striking out section 82, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

SECTION 82. The bureau shall adopt regulations for the examining and licensing of fire sprinkler contractors, pipefitters, refrigeration technicians and sprinkler fitters, including the classification of pipefitter licenses, which shall include, but not be limited to, pipefitter welder, process piping and apprentice.

SECTION 8. Section 4 of chapter 176J of the General Laws, as amended by section 32 of chapter 118 of the acts of 2012, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a)(1) Every carrier shall make available to every eligible individual and every small business, including an eligible small group or eligible individual, a certificate that evidences coverage under a policy or contract issued or renewed to a trust, association or other entity that is not a group health plan, and their eligible dependents, every health benefit plan that it provides to any other eligible individual or eligible small business. No health plan shall be offered to an eligible individual or an eligible small business unless it complies with this chapter. Upon the request of an eligible small business or an eligible individual, a carrier shall provide that group or individual with a price for every health benefit plan that it provides to any eligible small business or eligible individual. Except under the conditions set forth in paragraph (2) of subsection (b), each carrier shall enroll any eligible small business or eligible individual which seeks to enroll in a health benefit plan. Each carrier shall permit each eligible small business group to enroll all eligible employees and all eligible dependents; provided, however, that the commissioner shall promulgate regulations which limit the circumstances under which coverage shall be required to be made available to an eligible employee who seeks to enroll in a health benefit plan significantly later than when such eligible employee was initially eligible to enroll in a group plan. Notwithstanding the foregoing, this section shall not apply to health benefit plans sold exclusively as child-only plans or catastrophic plans.
(2) A carrier shall enroll eligible individuals, as defined by section 1, and eligible individuals, as defined in section 2741 of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 300gg-41(b), into a health plan if those individuals request coverage within 63 days of termination of any prior creditable coverage. A carrier shall also enroll eligible individuals, as permitted under the federal Patient Protection and Affordable Care Act, and any rules, regulations and guidances applicable thereto, into a health plan offered through the commonwealth health insurance connector under its authority to perform 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, as amended from time to time. A carrier shall enable any such eligible individual to renew coverage if that coverage is available to other eligible individuals. Coverage shall become effective within 30 days of the date of application, subject to reasonable verification of eligibility, and shall be effective through December 31 of that same year. Carriers shall notify any such eligible individuals that:
(i) coverage shall be in effect only through December 31 of the year of enrollment;
(ii) if any such eligible individual is in a health plan with a plan-year deductible or out-of-pocket maximum, then an explanation of how that deductible or out-of-pocket maximum and premiums will be impacted for the period between the plan effective date and December 31 of the enrollment year; and
(iii) the next open enrollment period during which any such eligible individual shall have the opportunity to enroll in a health plan that will begin on January 1 of the following calendar year.
A carrier shall not impose a pre-existing condition exclusion or waiting period of any duration on a health plan.
(3) Notwithstanding paragraph (2), a carrier shall only enroll an eligible individual, as defined in said paragraph (2) who does not meet the requirements of said paragraph (2) into a health plan during the annual open enrollment period for eligible individuals and their dependents. The open enrollment period shall be from October 15 to December 7, inclusive, unless otherwise designated by the commissioner and coverage shall begin on January 1 of the following year.
(4) Notwithstanding this section or any other general or special law to the contrary, the office of patient protection may administer and grant enrollment waivers to permit enrollment not during a mandatory open enrollment period to the extent permitted under the federal Patient Protection and Affordable Care Act, or any rules, regulations or guidances applicable thereto, and in accordance with chapter 6D and any other applicable laws.

SECTION 9. Subsection (c) of section 5B of chapter 271 of the General Laws, as appearing in chapter 187 of the acts of 2012, is hereby amended by striking out the words “or (5)” and inserting in place thereof the following words:- (5) under chapter 23K; or (6).

SECTION 10. Chapter 194 of the acts of 2011 is amended by striking out section 100 and inserting in place thereof the following section:-

SECTION 100. There shall be established and set up on the books of the commonwealth a Healthcare Payment Reform Fund. The fund shall be credited with any monies transferred under section 93 and any monies credited or transferred to the fund from any other fund or source. The health policy commission shall be the trustee of the fund and may expend from the fund, without further appropriation, to carry out the purposes of chapter 224 of the acts of 2012. For the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the commission may incur obligations and the comptroller may certify payment amounts not to exceed the most recent revenue estimate submitted by the commission and approved by the comptroller, but the fund shall be in balance by the close of fiscal year 2014 and all subsequent fiscal years.

SECTION 11. Item 0699-0015 of section 2 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$2,010,444,553” and inserting in place thereof the following figure:- $1,968,056,853.

SECTION 12. Item 0699-9100 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$29,131,247” and inserting in place thereof the following figure:- $16,384,477.

SECTION 12A. Item 7035-0035 of said section 2 of said chapter 139 is hereby amended by inserting after the words “private funding” the following words:- for direct support of educators and other uses.

SECTION 13. Said section 2 of said chapter 139 is hereby further amended by striking out item number “8910-7100” and inserting in place thereof the following item number:- 8910-7110.

SECTION 14. Item 1595-1068 of section 2E of said chapter 139 is hereby amended by striking out the figure “$566,306,556”, inserted by section 39 of chapter 239 of the acts of 2012, and inserting in place thereof the following figure:- $565,006,556.

SECTION 15. Item 1595-6368 of said section 2E of said chapter 139, as amended by section 40 of said chapter 39, is hereby further amended by striking out the figure “$166,591,136” and inserting in place thereof the following figure:- $161,713,136.

SECTION 16. The first sentence of subsection (a) of section 160 of said chapter 139 is hereby amended by striking out the figure “$350,000,000” and inserting in place thereof the following figure:- $550,000,000.

SECTION 17. Section 187 of said chapter 139 is hereby repealed.

SECTION 18. Section 221 of said chapter 139 of the acts of 2012 is hereby amended by striking out the figure “2013” and inserting in place thereof the following figure:- 2014.

SECTION 19. The last paragraph of section 91 of chapter 238 of the acts of 2012 is hereby amended by striking out the words “December 31, 2012” and inserting in place thereof the following words:- July 31, 2013.

SECTION 20. Section 2C.I of chapter 239 of the acts of 2012 is hereby amended by striking out the words “Department of Housing and Community Development”.

SECTION 21. Said section 2C.I of said chapter 239 is hereby further amended by inserting after item 7002-0035 the following heading:-
Department of Housing and Community Development.

SECTION 22. Said chapter 239 is hereby further amended by striking out section 52 and inserting in place thereof the following section:-

SECTION 52. The bureau of pipefitters, refrigeration technicians and sprinkler fitters shall adopt regulations and issue procedures related to the process piping pipefitter license under section 82 of chapter 146 of the General Laws not later than July 1, 2013. A person who was not required to be licensed under section 84 of said chapter 146, who submits satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that the person has been actively engaged in process piping for a period of 4 years before the effective date of this act, and who has applied for a license within 180 days after the effective date of the regulations adopted under this section shall, upon payment of the applicable fee and after demonstrating sufficient knowledge of the regulations related to the process piping pipefitter license, be issued a process piping pipefitter license. Any proof required to be submitted under this section shall be accompanied by a statement under the penalties of perjury.

SECTION 23. Section 4 of chapter 254 of the acts of 2012 is hereby repealed.

SECTION 24. Notwithstanding the last paragraph of section 2H of chapter 29 of the General Laws, for the purpose of covering the costs authorized in item 1599-0054 of section 2A, the comptroller shall transfer to the General Fund the amount of those authorized costs from the proceeds of one-time settlements or judgments that would otherwise be transferred to the Commonwealth Stabilization Fund, according to a schedule approved by the secretary of administration and finance and considering the cash flow needs of the commonwealth. If the costs authorized under that item exceed the funds available from the proceeds of one-time settlements or judgments that would otherwise be transferred to the Commonwealth Stabilization Fund, the balance of the amount of the authorized costs, not exceeding a total of $30,000,000 of authorized costs, shall be transferred from the Commonwealth Stabilization Fund for this purpose. Funds from the reserve created in said item 1599-0054 of said section 2A may be spent in anticipation of deposits under this section.

NO SECTION 25.

SECTION 26. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may reduce the transfer to the Commonwealth Care Trust Fund in item 1595-5819 of section 2E of chapter 139 of the acts of 2012 if the secretary determines that expenditures from the fund are lower than anticipated or that revenue to the fund is higher than anticipated.

SECTION 27. Notwithstanding any general or special law to the contrary, the total amount appropriated in section 2 of chapter 139 of the acts of 2012 for fiscal year 2013 for the following constitutional offices, departments, agencies or institutions of higher education not subject to section 9C of chapter 29 of the General Laws shall be reduced by 1 per cent; provided, however, that the reduction may be within any item of appropriation: (1) office of the state comptroller; (2) center for health information and analysis; (3) house of representatives; (4) state senate; (5) joint legislative account; (6) state ethics commission; (7) office of campaign and political finance; (8) commission on the status of women; (9) victim and witness assistance board; (10) disabled persons protection commission; (11) Massachusetts cultural council; (12) Massachusetts commission against discrimination; (13) University of Massachusetts; (14) Bridgewater State University; (15) Fitchburg State University; (16) Framingham State University; (17) Massachusetts College of Art and Design; (18) Massachusetts Maritime Academy; (19) Massachusetts College of Liberal Arts; (20) Salem State University; (21) Westfield State University; (22) Worcester State University; (23) Berkshire Community College; (24) Bristol Community College; (25) Bunker Hill Community College; (26) Cape Cod Community College; (27) Greenfield Community College; (28) Holyoke Community College; (29) Massachusetts Bay Community College; (30) Massasoit Community College; (31) Middlesex Community College; (32) Mount Wachusett Community College; (33) Northern Essex Community College; (34) North Shore Community College; (35) Quinsigamond Community College; (36) Roxbury Community College; and (37) Springfield Technical Community College. Within 15 days of making reductions under this section, the office, department, agency or institution of higher education shall report to the executive office for administration and finance and the house and senate committees on ways and means the amounts, by item and object class, that have been reduced.

SECTION 28. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may transfer funds among items 1599-4440, 1599-4441, 1599-4442, 1599-4443 and 1599-4444 of section 2 of chapter 139 of the acts of 2012.

SECTION 29. Notwithstanding section 14 of chapter 151A of the General Laws, for calendar year 2013, the experience rate of an employer qualifying therefor under subsection (b) of section 14 of chapter 151A of the General Laws shall be the rate which appears in column “E” of clause (1) of subsection (i) of said section 14 of said chapter 151A.

SECTION 30. The executive office of health and human services shall promulgate regulations within 6 months after the effective date of this act to ensure that any program that provides direct services to clients and is operated, licensed, certified or funded by a department or division of the executive office of health and human services has a workplace violence prevention and crisis response plan, updated at least annually, for social workers, human services workers, volunteers and all other employees. Each program shall provide a copy of the current plan to any employee of the program upon request.
A workplace violence prevention and crisis response plan may include: (1) the establishment of a system for centrally recording all incidents of workplace violence or threats of workplace violence against social workers, human services workers, volunteers and all other employees providing direct services; (2) preparation of a written violence prevention and crisis response plan that includes measures the program intends to take to respond to an incident of workplace violence against social workers, human services workers, volunteers and all other employees providing direct services; (3) implementation of a training program to educate social workers, human services workers, volunteers and all other employees providing direct services about workplace violence and ways to reduce the risks; and (4) the development and maintenance of a violence prevention and response team or committee to monitor ongoing compliance with the violence prevention and crisis response plan and to assist social workers, human services workers, volunteers and all other employees providing direct services who may be victimized by or threatened with workplace violence. A program that does not have a training plan in place shall require its employees to enroll in the training program to be developed and offered by the executive office of health and human services.

SECTION 31. (a) Notwithstanding paragraphs (2) and (3) of subsection (a) of section 4 of chapter 176J of the General Laws, a carrier shall only enroll an eligible individual, as defined in said paragraph (2) of said subsection (a) of said section 4 of said chapter 176J who does not meet the requirements of said paragraph (2) of said subsection (a) of said section 4 of said chapter 176J into a health plan in 2013 and 2014 during the annual open enrollment periods for eligible individuals and their dependents under this section.
There shall be 2 open enrollment periods during 2013. The first period shall be from July 1, 2013 to August 15, 2013, inclusive, and the second period shall be from October 1, 2013 to December 31, 2013, inclusive.
There shall be 2 open enrollment periods during 2014. The first period shall be from January 1, 2014 to March 31, 2014, inclusive, and the second period shall be from October 15, 2014 to December 7, 2014, inclusive.
(b) Notwithstanding paragraphs (2) and (3) of subsection (a) of section 4 of chapter 176J of the General Laws, for coverage issued or renewed to any such eligible individuals that has an effective date beginning February 1, 2013 to March 31, 2013, inclusive, carriers shall notify those individuals that:
(i) coverage shall be effective for a 12-month plan year from the date of the individual’s health plan effective date;
(ii) if the individual maintains coverage for the full 12-month plan year then:
(A) the individual only may enroll for coverage to be effective after the plan year in a health plan that will be effective through December 31, 2014; and
(B) the individual may enroll in a health plan effective on January 1, 2015 during the open enrollment period taking place beginning October 15, 2014 to December 7, 2014, inclusive; and
(iii) the individual shall have the choice within the 12-month plan year to enroll in a different health plan during the open enrollment periods, an explanation of the coverage effective dates that would apply during each open enrollment period and the potential impact that such changes may have on the individual’s coverage and premiums, including an explanation of the impact on any health plans with plan year deductibles or plan year out-of-pocket maximums.
(c)(1) Notwithstanding paragraphs (2) and (3) of subsection (a) of section 4 of chapter 176J of the General Laws, for coverage issued or renewed to any such eligible individuals that has an effective date beginning April 1, 2013 to December 31, 2013, inclusive, carriers shall make coverage effective through March 31, 2014.
(2) If the individual’s coverage includes a plan year deductible or plan year out-of-pocket maximum, the carrier shall issue a policy endorsement effective through the end of the coverage period, approved as to form and content by the commissioner of insurance, that modifies the coverage to prorate the deductible and out-of-pocket maximum to reflect that coverage will be in effect for less than a 12-month period. The policy endorsement shall only be available to individuals with coverage subject to this paragraph.
(3) Carriers shall also notify any such eligible individuals that:
(i) coverage shall be in effect only through March 31, 2014;
(ii) if the individual is in a health plan with a plan year deductible or plan year out-of-pocket maximum, then an explanation of how the deductible or out-of-pocket maximum and premiums would be impacted for the period between the health plan’s effective date in 2013 and March 31, 2014;
(iii) if the individual maintains coverage through March 31, 2014:
(A) the individual only may enroll during the January to March, 2014 open enrollment period for coverage effective on April 1, 2014, which coverage shall be effective only through December 31, 2014;
(B) if the individual is in a health plan with a plan-year deductible or plan-year out-of-pocket maximum, then an explanation of how that deductible or out-of-pocket maximum and premiums would be impacted for the period between April 1, 2014 and December 31, 2014; and
(C) the individual may enroll in a health plan effective on January 1, 2015 during the open enrollment period taking place beginning October 15, 2014 to December 7, 2014, inclusive; and
(iv) the individual shall have the choice prior to March 31, 2014 to enroll in a different health plan during the open enrollment periods, an explanation of the coverage effective dates that would apply for each open enrollment period and the potential impact that such changes may have on the individual’s coverage and premiums, including an explanation of the impact on any health plans with plan-year deductibles or plan-year out-of-pocket maximums.
(d)(1) Notwithstanding paragraphs (2) and (3) of subsection (a) of section 4 of chapter 176J of the General Laws, for coverage issued during the 2013 and 2014 open enrollment periods with an effective date beginning January 1, 2014 to May 31, 2014, inclusive, carriers shall make coverage effective through December 31, 2014.
(2) If the individual’s coverage includes a plan-year deductible or out-of-pocket maximum, the carrier shall issue a policy endorsement effective through the end of the coverage period, approved as to form and content by the commissioner of insurance, that modifies the coverage to prorate the deductible and out-of-pocket maximum to reflect that the coverage will be in effect for less than a 12-month period. The policy endorsement shall only be available to individuals with coverage subject to this paragraph.
(3) Carriers shall also notify any such eligible individuals that:
(i) coverage shall be effective only through December 31, 2014; and
(ii) if the individual is in a health plan with a plan-year deductible or plan-year out-of-pocket maximum, then an explanation of how that deductible or out-of-pocket maximum and premiums would be impacted for the period beginning with the health plan’s effective date through December 31, 2014; and
(e)(1) Notwithstanding paragraphs (2) and (3) of subsection (a) of section 4 of chapter 176J of the General Laws, for coverage issued with an effective date beginning June 1, 2014 to December 31, 2014, inclusive, carriers shall make coverage effective through December 31, 2014.
(2) Carriers shall also notify any such eligible individuals that:
(i) coverage shall be effective only through December 31, 2014; and
(ii) if the individual is in a health plan with a plan-year deductible or out-of-pocket maximum, then an explanation of how that deductible or out-of-pocket maximum and premiums will be impacted for the period between the plan effective date and December 31, 2014.
(f) Notwithstanding this section or any other general or special law to the contrary, the office of patient protection may administer and grant enrollment waivers to permit enrollment not during a mandatory open enrollment period, to the extent permitted under the federal Patient Protection and Affordable Care Act or any rules, regulations and guidances applicable thereto, and in accordance with chapter 6D of the General Laws and any other applicable laws.

SECTION 32. Section 29 shall take effect on January 1, 2013.

SECTION 33. The last sentence of paragraph (2) of subsection (a) of section 4 of chapter 176J of the General Laws shall take effect on January 1, 2014.

SECTION 34. Paragraph (3) of subsection (a) of section 4 of chapter 176J of the General Laws shall apply for calendar years on and after calendar year 2015.

Approved, February 15 , 2013.