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An Act relative to hospital profit transparency and fairness | H1179 | HD60 | 193 | {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:56:15.257'} | [{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:56:15.2566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T15:38:25.4466667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T15:04:40.47'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T15:57:39.7166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:49:22.5433333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T11:18:33.89'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:41:36.4033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-24T19:43:22.3566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:30:10.79'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:24:40.4466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-24T15:02:59.2533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:20:09.0733333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:14:00.0633333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T12:47:53.53'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:17:06.4366667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:57:44.1366667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:00:42.6733333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:10:43.59'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1179/DocumentHistoryActions | Bill | By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1179) of Josh S. Cutler and others relative to hospital profit transparency and fairness and the establishment of a Medicaid reimbursement enhancement fund. Health Care Financing. | Section 1. Definitions
As used in this section, the following words shall have the following meanings:-
Facility, a hospital licensed under Section 51, of Chapter 111 of the General Laws, the teaching hospital of the University of Massachusetts medical school, any licensed private or state-owned and state-operated general acute care hospital, an acute psychiatric hospital, an acute care specialty hospital, or any acute care unit within a state operated healthcare facility. This definition shall not include rehabilitation facilities or long-term care facilities.
Compensation, salary; bonus payments, whether based on performance or otherwise; deferred compensation; incentive payments; severance payments; loans to be repaid on terms, including interest, less burdensome than market rate; value of use of facility-provided vehicles, housing or other perquisites not available to all employees; stock or stock options and any dividends or other incidents of the ownership thereof.
"Minimum facility compensation" the value of the annual compensation received by a full time employee of a facility earning minimum wage as set under G.L. c. 151 1, or if none, then the lowest-paid full time employee.
Section 2: If in any fiscal year a facility that accepts funds from the Commonwealth, and whose patient mix is less than 60% government payer, reports to the Center for Health Information and Analysis an annual operating margin, including amortization and depreciation, that exceeds 8%, that facility shall be subject to a civil penalty equal to the amount by which the annual operating margin exceeds 8%.
Section 3: If the Chief Executive Officer of a facility that accepts funds from the Commonwealth receives annual compensation greater than 100 times the minimum facility compensation, the facility shall be subject to a civil penalty equal to the amount by which the Chief Executive Officer's annual compensation exceeds 100 times the value of the minimum facility compensation.
Section 4. Each facility that accepts funds from the Commonwealth shall report annually to the Center for Health Information and Analysis all financial assets owned by the facility, including those held in financial institutions outside the United States or invested outside the United States. Unless prohibited by other law, the Center for Health Information and Analysis shall make this information public within 7 calendar days of receipt.
Section 5. There is hereby established on the books of the Commonwealth a fund to be known as the Medicaid Reimbursement Enhancement Fund. Any penalties collected as a result of violations of this act shall be deposited into this fund, and subject to appropriation, shall be used to improve Medicaid reimbursement to eligible hospitals.
Section 6: This act shall not be construed to impair any contract or agreement in effect as of July 1, 2021.
Section 7: The Health Policy Commission shall promulgate regulations governing the implementation, operation and enforcement of this act.
Section 8: Severability. The provisions of this act are severable, and if any clause, sentence, paragraph or section of this law or an application thereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or application adjudged invalid and such clause, sentence, paragraph, section or application shall be reformed and construed so that it would be valid to the maximum extent permitted.
Section 9: The provisions of this act shall be effective commencing on July 1, 2021.
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An Act relative to supporting sustainability in the cannabis industry | H118 | HD2976 | 193 | {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T20:49:08.997'} | [{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T20:49:08.9966667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H118/DocumentHistoryActions | Bill | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 118) of Lindsay N. Sabadosa relative to supporting sustainability in the cannabis industry. Cannabis Policy. | Section 4 of Chapter 94G of the General Laws is amended by inserting, at the end of the section, the following subsection:
(m) The commission shall convene a sustainability working group and will meet with representatives from the cannabis industry in the commonwealth to discuss measures that will increase sustainable practices and reduce the use of natural materials in the cannabis industry. The working group will address issues including, but not limited to:
(i) how cannabis cultivators, wholesalers, and the commonwealth may cooperate on a system of recollecting, sanitizing, and reusing returned packages for consumer use
(ii) the development of a manual of best practices that the CCC will issue to standardize regulations and recommendations around the legal disposal of marijuana waste and recollection of packages
(iii) the development of a recollection and reuse program for radio frequency identification tags used for seed-to-sale tracking.
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An Act relative to preventing discrimination against persons with disabilities in the provision of health care | H1180 | HD778 | 193 | {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-17T12:34:33.797'} | [{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-17T12:34:33.7966667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-20T16:36:20.87'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:06:00.24'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:48:33.4866667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-08T18:17:31.4333333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T11:52:24.9333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:27:29.9366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:53:39.4133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:58:00.19'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-19T10:49:50.8533333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T18:59:18.2566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:15:43.0833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-04T13:53:03.0266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-04-04T13:53:03.0266667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-07-05T11:53:22.18'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1180/DocumentHistoryActions | Bill | By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1180) of Josh S. Cutler and others relative to preventing discrimination against persons with disabilities in the provision of health care. Health Care Financing. | SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 138, the word “handicap” and inserting in place thereof the following word:- disability.
SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by adding the following subsection:-
20. (a) As used in this subsection, the following words shall have the following meaning unless the context clearly requires others:
“Disability”, shall have the same meaning as defined in section 1 of chapter 151B.
“Short-term survival”, an individual’s assessed probability of surviving an acute illness from which they are presently suffering and being successfully discharged from a hospital or other inpatient medical facility.
(b) It shall be an unlawful practice:
(i) For any public or private entity or agency of the commonwealth, to approve or implement a plan for the distribution of scarce healthcare resources during a crisis, including, but not limited to, crisis standards of care implemented during a public health emergency, that deny an individual lifesaving treatment or place an individual at reduced priority for lifesaving treatment if such a determination is based on: (A) a presumption that an individual has a reduced quality of life due to a disability or chronic health condition; (B) a presumption that an individual’s life is less worth saving due to a disability or chronic health condition; or (C) any measure, metric, or third party analysis which has the effect of setting a value for the life of an individual or individuals with a specific disability or medical diagnosis that is less than the value given to the life of an individual or individuals without a disability; provided however that this subsection shall not prohibit such a plan from considering an individual’s prospects for short-term survival in determining whether they are prioritized for care.
(ii) For any public or private entity or agency of the commonwealth, to withhold any medical treatment to an individual based on: (A) a presumption that an individual has a reduced quality of life due to a disability or chronic health condition; (B) a presumption that an individual’s life is less worth saving due to a disability or chronic health condition; or (C) any measure, metric, or third party analysis which has the effect of setting a value for the life of an individual or individuals with a specific disability or medical diagnosis that is less than the value given to the life of an individual or individuals without a disability.
(iii) For any public or private entity or agency of the commonwealth, when determining whether a healthcare treatment should be available within a formulary, or determining the value of a healthcare treatment, to employ a measure or metric which assigns a reduced value to the life extension provided by a treatment based on a pre-existing disability or chronic health condition of the individuals whom the treatment would benefit.
(iv) For a hospital or other entity engaged in the provision of healthcare to: (A) condition the provision of treatment on an individual having an order to not resuscitate, advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; (B) communicate to any individual or person acting on behalf of the individual, before or after admission to the hospital, that treatment is conditioned on the individual having an order to not resuscitate, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; (C) suggest to any individual, or person acting on behalf of the individual, who contacts the hospital regarding treatment for the individual that admission or treatment is conditioned on the individual having an order to not resuscitate, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration; or (D) discriminate in any other way against an individual based on whether the individual has an order to not resuscitate, an advance directive or any instruction relating to the administration, withholding or withdrawing of life-sustaining procedures or artificially administered nutrition and hydration.
(c) This subsection shall not prohibit a hospital from providing written materials and information about advance directives to an individual or prohibit a licensed health care professional from engaging in a discussion with an individual about the written materials and information, so long as the professional does not disproportionately advise an individual to sign an advanced directive based on the race, ethnicity, gender, sexuality, or disability status of said individual.
(d) Nothing in this subsection shall prevent healthcare practitioners, hospitals or other healthcare entities from providing a medically appropriate course of treatment to an individual that they believe will extend that individual’s life, improve their symptoms or alleviate pain and suffering.
(e) The secretary of health and human services shall promulgate regulations to implement this subsection.
SECTION 3. The secretary of health and human services shall promulgate regulations for the implementation of subsection 20 of section 4 of chapter 151B not later than 60 days after the effective date of this act.
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An Act regarding shared responsibility for funding of health care oversight agencies | H1181 | HD3933 | 193 | {'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:28:21.93'} | [{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:28:21.93'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1181/DocumentHistoryActions | Bill | By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1181) of Michael S. Day for legislation relative to shared responsibility for funding of health care oversight agencies. Health Care Financing. | SECTION 1. Section 6 of Chapter 6D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in line 5 striking the words “not less than” and inserting in place thereof the words “no more than”; and in line 35, by striking the words “not less than” and inserting in place thereof the words “no more than”.
SECTION 2. Section 7 of Chapter 12C of the General Laws, as so appearing, is hereby amended in line 5 by striking the words “not less than” and inserting in place thereof the words “no more than”; and in line 35 by striking the words “not less than” and inserting in place thereof the words “no more than”.
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An Act relative to the treatment of epilepsy and seizure disorders | H1182 | HD3936 | 193 | {'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:29:28.53'} | [{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:29:28.53'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1182/DocumentHistoryActions | Bill | By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1182) of Michael S. Day relative to the treatment of epilepsy and seizure disorders. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting after section 10J the following section:-
Section 10K. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract with state Medicaid (MassHealth) shall establish a step therapy program for prescription medications for the treatment of epilepsy and seizure disorders. Said program may condition coverage and payment for epilepsy and seizure disorder medication on a requirement that the patient try and fail on not more than one other prescription medication prior to the prescribed medication being authorized.
Further, said program shall require that the prescribing practitioners, when medications are restricted, have access to a clear and convenient process to request an override of such restriction from the division or its contracted agents. The division or its contracted agents shall expeditiously grant an override of such restriction whenever the prescribing practitioner demonstrates that:
1. The preferred treatment required under step therapy has been ineffective in the treatment of the patients’ medical condition in the past;
2. the drug regimen required under the step therapy program is expected to be ineffective based on the known relevant physical and mental characteristics of the patient and the known characteristics of the drug regimen;
3. the preferred treatment required under the step therapy program will cause or will likely cause an adverse reaction or other physical harm to the patient; or
4. it is in the best interest of the patient to provide the recommended drug regime based on medical necessity.
The duration of this step therapy program requirement shall not be longer that a period of thirty days, after which the prescribing practitioner may deem such treatment as clinically ineffective for the patient. When the prescribing practitioner deems the treatment to be clinically ineffective, the drug prescribed and recommended by the practitioner shall be dispensed and covered by the division and its contracted agents.
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An Act advancing health care research and decision-making centered on patients and people with disabilities | H1183 | HD3356 | 193 | {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T11:47:11.827'} | [{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T11:47:11.8266667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T12:09:02.6533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:16:06.16'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:04:48.4866667'}] | {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T11:47:11.827'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1183/DocumentHistoryActions | Bill | By Representatives Decker of Cambridge and Santiago of Boston, a petition (accompanied by bill, House, No. 1183) of Marjorie C. Decker, Jon Santiago and others relative to health care research and decision-making centered on patients and persons with disabilities. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws is hereby amended by adding the following section:
Section 80: Patient-Centeredness
Section 80 (a) Standards for Patient-Centeredness in Research & Analysis. The Division of Medical Assistance shall ensure that any portfolio of research and analysis relied upon for decision-making, whether provided by a state agency or a third party, impacting enrollee access to healthcare treatments and services, meets standards of patient-centeredness. The Division of Medical Assistance shall publicly provide a summary of patient-centeredness standards for any such analysis that includes, but is not limited to:
1) Evaluation of a range of research and analysis that includes outcomes prioritized by patients and people with disabilities within a specific disease area. If necessary, the Division of Medical Assistance will commission a survey of patients to identify relevant outcomes within a disease area.
2) Evaluation of a range of research and analysis that looks at relevant patient subgroups to ensure consideration of important differences in preferences and clinical characteristics within patient subpopulations.
3) Scientific Rigor: The Division of Medical Assistance shall require research and analysis to comply with good research practices, defined as consideration of the full range of relevant, peer-reviewed evidence (e.g., real-world evidence, research from range of sponsors including manufacturers), avoid patient harm through over-interpretation of findings of “inconclusive” evidence of clinical differences and instead allow time for conduct of additional research.
(b) Prohibition on Reliance on Discriminatory Measures. The Division of Medical Assistance shall not develop or utilize, directly or indirectly through a contracted entity or other third-party, a dollars-per-quality adjusted life year or any similar measures or research in determining whether a particular health care treatment is cost effective, recommended, the value of a treatment, or in determining coverage, reimbursement, appropriate payment amounts, cost-sharing, or incentive policies or programs.
(c) Appeals and Physician Override Mechanisms. The Division of Medical Assistance may not implement any policy limiting patient access to healthcare treatment and services which does not contain an appeals or physician override mechanism. Physicians may not be discriminated against or otherwise negatively impacted for utilizing available physician override mechanisms.
SECTION 2. Chapter 6D of the General Laws is hereby amended by adding the following section:
Section 20. Patient-Centeredness Standards for Health Policy Commission Reviews
Section 20 (a) Standards for Patient-Centeredness in Research & Analysis. The Health Policy Commission shall ensure that any portfolio of research and analysis relied upon for determining the value of a healthcare treatment or service , whether provided by a state agency or a third party, impacting enrollee access to healthcare treatments and services, meets standards of patient-centeredness. The Health Policy Commission shall publicly provide a summary of patient-centeredness standards for any such analysis that includes, but is not limited to:
1) Evaluation of a range of research and analysis that includes outcomes prioritized by patients and people with disabilities within a specific disease area. If necessary, the Health Policy Commission will commission a survey of patients to identify relevant outcomes within a disease area.
2) Evaluation of a range of research and analysis that looks at relevant patient subgroups to ensure consideration of important differences in preferences and clinical characteristics within patient subpopulations.
3) Scientific Rigor: The Health Policy Commission shall require research and analysis to comply with good research practices, defined as consideration of the full range of relevant, peer-reviewed evidence (e.g., real-world evidence, research from range of sponsors including manufacturers), avoid patient harm through over-interpretation of findings of “inconclusive” evidence of clinical differences and instead allow time for conduct of additional research.
(b) Prohibition on Reliance on Discriminatory Measures. The Health Policy Commission shall not develop or utilize, directly or indirectly through a contracted entity or other third-party, a dollars-per-quality adjusted life year or any similar measures or research in determining whether a particular health care treatment is cost effective, recommended, the value of a treatment, or in determining coverage, reimbursement, appropriate payment amounts, cost-sharing, or incentive policies or programs.
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An Act relative to health equity and community health workers | H1184 | HD3058 | 193 | {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:15:55.457'} | [{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:15:55.4566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1184/DocumentHistoryActions | Bill | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1184) of Marjorie C. Decker for legislation to assure coverage and reimbursement for covered health care services and to establish a community health worker workforce development task force (including members of the General Court) to provide health equity. Health Care Financing. | SECTION 1. Section 259 of chapter 112 of the General Laws is hereby amended by striking out the definition of “Core competencies” and inserting in place thereof the following:-
''Core competencies'', a set of overlapping and mutually reinforcing skills and knowledge essential for effective community health work in core areas that include, but are not limited to:
(a) outreach methods and strategies;
(b) client and community assessment;
(c) effective communication;
(d) culturally-based communication and care;
(e) health education for behavior change;
(f) support, advocacy and coordination of care for clients;
(g) application of public health concepts and approaches;
(h) behavioral health, mental health, and substance use disorder services;
(i) community capacity building; and
(j) writing and technical communication skills.
SECTION 2. Section 260 of said chapter 112 is hereby amended by striking out the third paragraph in its entirety.
SECTION 3. Notwithstanding any general or special law to the contrary, the group insurance commission public employee plans under Chapter 32A; the division of medical assistance under chapter 118E and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan; insurance companies organized under Chapter 175; non-profit hospital service corporations organized under Chapter 176A; medical service corporations organized under chapter 176B; and health maintenance organizations organized under chapter 176G shall not decline to provide coverage and reimbursement for covered health care services solely on the basis that those services were delivered by a certified community health worker, as defined by Section 259 of Chapter 112, employed by health care providers or provider groups, including but not limited, an acute care hospital, health system, community health center, school-based health center, community behavioral health center, community mental health center, or behavioral health community partner.
SECTION 4. There shall be a Community Health Worker Workforce Development Task Force. The task force shall be chaired by the president of the senate or their designee and the speaker of the house of representatives or their designee, and shall consist of the following members: the senate chair of the joint committee on health care financing, the house chair of the joint committee on health care financing, the senate chair of the joint committee on public health, the house chair of the joint committee on public health, the secretary of health and human services or their designee, the commissioner of public health or their designee, the executive director of the Group Insurance Commission or their designee, the executive director of the Health Policy Commission or their designee, a representative of the Massachusetts Association of Community Health Workers, a representative of the Massachusetts League of Community Health Centers, a representative of Health Care For All, a representative of the Massachusetts Health and Hospital Association, a representative of the Massachusetts Health Council, a representative of the Association for Behavioral Healthcare and a representative of the Massachusetts Public Health Association.
The commission shall:
(a) examine the existing community health worker workforce, including but not limited to, the current supply and distribution of certified community health workers, by region, and organization and employer type;
(b) study barriers to retention of community health workers, including but not limited to, lack of integrative reimbursement models that cover community health worker services and other financial or socioemotional unmet needs of community health workers;
(c) examine the demographics of certified community health workers and of patients receiving services from community health workers, including but not limited to, race, ethnicity, language, disability status, sexual orientation, and gender identity;
(d) issue a report and recommendations on: (i) improving the pipeline of community health workers; (ii) expanding use of community health workers across inpatient and outpatient settings; (iii) methods and strategies for community health worker retention and career growth; (iv) requiring reimbursement of community health worker services; (v) the impact of insurance coverage on the community health worker pipeline.
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An Act strengthening market oversight of the Commonwealth's Health Care System | H1185 | HD2466 | 193 | {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:23:48.25'} | [{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:23:48.25'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1185/DocumentHistoryActions | Bill | By Representative Donato of Medford, a petition (accompanied by bill, House, No. 1185) of Paul J. Donato relative to market oversight in health care. Health Care Financing. | SECTION 1. Section 8 of Chapter 6D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the last sentence in paragraph (b), the following new language:-
Any provider or provider organization that has been identified by the center under section 18 of chapter 12C as exceeding the heath care cost growth benchmark for any given year or is subject to a performance improvement plan pursuant to section 10, shall be prohibited by the commission from making any material change to its operations or governance structure that would otherwise require notice to the commission pursuant to section 13 of this chapter. The commission may exclude a provider or provider organization from this prohibition if the market share of the provider or provider organization is below a threshold as determined by the commission, or if the provider or provider organization’s total medical expenses or relative price are below the statewide median. The prohibition shall continue until the center has determined that the provider or provider organization has lowered its relative price and total medical expenses to a level at or below the cost growth benchmark.
SECTION 2. Section 8 of Chapter 6D of the General Laws, as appearing in the Official Edition, is hereby amended by inserting after paragraph (f), the following new language:
(g) As part of the annual public hearings established herein, the commission shall conduct an annual review of the status of all the commission-approved material changes pursuant to section 13 of this chapter, to determine whether the benefits providers have given as the reasons for coming together, such as lower costs, better integration, or improved quality, have been realized. The commission shall collect written testimony from relevant parties and identify additional witnesses for the public hearing. Witnesses shall provide testimony subject to examination and cross examination by the commission, the executive director of the center and attorney general at the public hearing in a manner and form to be determined by the commission. Testimony may include, but not be limited to: (i) the impact of the material change on the relative price and total medical expenses; (ii) the impact of the material change on insurer reimbursement rates; (iii) the quality of the services provided; (iv) the impact of the material change on consumer access to services; (v) the extent to which the material change resulted in measurable increases in efficiencies, coordination of care or other benefits of integration; (vi) the impact of the material change on competing options for the delivery of health care services within its primary service areas and dispersed service areas including, if applicable, the impact on existing service providers of a provider or provider organization’s expansion, affiliation, merger or acquisition, to enter a primary or dispersed service area in which it did not previously operate; (vii) any other factors that the commission determines to be in the public interest.
The commission shall issue a report that details the findings of the public hearing, including any and all oral and written testimony, and shall include any actions taken by the commission against any provider or provider organization. The report shall be posted on the commission’s website and shall be filed with the house of representatives and senate clerks, the house and senate committees on ways and means, and the joint committee on health care financing.
If the commission finds that an approved material change has failed to produce the stated benefits, the commission may: (i) subject the provider or provider organization to enhanced review, including but not limited to a new cost and market impact review, (ii) require the provider or provider organization to complete a corrective action plan, or (iii) prohibit the provider or provider organization from making any additional material changes to its operating or governance structure for one year following a reevaluation and approval by the commission.
If the commission finds that an approved material change has failed to produce the stated benefits and the provider or provider organization has exceeded the health care cost growth benchmark, the commission shall notify the Center for Health Information and Analysis of the extent by which the provider or provider organization has exceeded the health care cost growth benchmark. The Center for Health Information and Analysis shall calculate an amount that reflects the cost to the Commonwealth of that excess and that amount shall be used to either reduce the Health Safety Net payments to that provider or provider organization or to increase the payments by that provider or provider organization to the Health Safety Net, or a combination of both to achieve the result. The Center for Health Information and Analysis shall develop a method for collecting data from providers or provider organizations necessary to make the calculations mandated by this section and the methodology used in determining the amount by which the provider or provider organization’s participation in Health Safety Net payments or assessments will be affected.
SECTION 3. Section 10 of Chapter 6D of the General Laws is hereby amended by striking paragraph (a) in its entirety and replacing it with the following new language:-
(a) For the purposes of this section, ''health care entity'' shall mean a clinic, hospital, ambulatory surgical center, physician organization, accountable care organization health system, or payer; provided, however, that physician contracting units with a patient panel of 15,000 or fewer, or which represents providers who collectively receive less than $25,000,000 in annual net patient service revenue from carriers shall be exempt.
SECTION 4. Said section 10 of Chapter 6D is hereby further amended by striking paragraph (d) in its entirety and replacing it with the following new language:-
(d) In addition to the notice provided under subsection (b), the commission may require any health care entity that is identified by the center under section 16 of chapter 12C as exceeding the health care cost growth benchmark established under section 9, any provider whose relative price exceeds 1.3, or any provider who has a total medical expense in excess of the statewide average physician group health status adjusted total medical expense to file a performance improvement plan with the commission. The commission shall provide written notice to such health care entity or provider that they are required to file a performance improvement plan. Within 45 days of receipt of such written notice, the health care entity shall either:
(1) file a performance improvement plan with the commission; or
(2) file an application with the commission to waive or extend the requirement to file a performance improvement plan.
SECTION 5. Said section 10 of Chapter 6D is hereby further amended by striking paragraph (i) in its entirety and replacing it with the following new language:-
(i) A health care entity shall file a performance improvement plan: (1) within 45 days of receipt of a notice under subsection (c); (2) if the health care entity has requested a waiver or extension, within 45 days of receipt of a notice that such waiver or extension has been denied; or (3) if the health care entity is granted an extension, on the date given on such extension. The performance improvement plan shall be generated by the health care entity and shall identify the causes of the entity's cost growth and shall include, but not be limited to, specific strategies, adjustments and action steps the entity proposes to implement to improve cost performance and meet the goal of reducing the health care entity’s relative price below 1.3 and closer to the statewide average relative price. The proposed performance improvement plan shall include specific identifiable and measurable expected outcomes and a timetable for implementation. The timetable for a performance improvement plan shall not exceed 18 months.
SECTION 6. Said Chapter 6D is hereby further amended by striking section 13 in its entirety and replacing it with the following new language:-
Section 13. (a) Every provider or provider organization shall, before making any material change to its operations or governance structure, submit notice to the commission, the center and the attorney general of such change, not fewer than 60 days before the date of the proposed change. Material changes shall include, but not be limited to: (i) the application for issuance of a new freestanding ambulatory surgery center license or a clinic license, or a new satellite facility under an existing license; (ii) a corporate merger, acquisition or affiliation of a provider or provider organization and a carrier; (iii) mergers or acquisitions of hospitals or hospital systems; (iv) acquisition of insolvent provider organizations; and (v) mergers or acquisitions of provider organizations which will result in a provider organization having a near-majority of market share in a given service or region.
Within 30 days of receipt of a notice filed under the commission’s regulations, the commission shall conduct a preliminary review to determine whether the material change is likely to result in a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, established in section 9, or on the competitive market. If the commission finds that the material change is likely to have a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, or on the competitive market, the commission shall conduct a cost and market impact review under this section.
(b) In addition to the grounds for a cost and market impact review set forth in subsection (a), if the commission finds, based on the center’s annual report, that the percentage change in total health care expenditures exceeded the health care cost growth benchmark in the previous calendar year, the commission shall conduct a cost and market impact review of any provider organization identified by the center under section 16 of chapter 12C.
(c) The commission shall initiate a cost and market impact review by sending the provider or provider organization notice of a cost and market impact review which shall explain the basis for the review and the factors that the commission seeks to examine through the review. The provider organization shall submit to the commission, within 21 days of the commission’s
notice, a written response to the notice, including, but not limited to, any information or documents sought by the commission which are described in the commission’s notice. The commission may require that any provider, provider organization or payer submit documents and information in connection with a notice of material change or a cost and market impact review under this section. The commission shall keep confidential all nonpublic information and documents obtained under this section and shall not disclose the information or documents to any person without the consent of the provider or payer that produced the information or documents, except in a preliminary report or final report under this section if the commission believes that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anti-competitive considerations. The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.
(d) A cost and market impact review may examine factors relating to the provider or provider organization’s business and its relative market position, including, but not limited to:
(i) the provider or provider organization’s size and market share within its primary service areas by major service category, and within its dispersed service areas; (ii) the provider or provider organization’s prices for services, including its relative price compared to other providers for the same services in the same market; (iii) the provider or provider organization’s health status adjusted total medical expense, including its health status adjusted total medical expense compared to similar providers; (iv) the quality of the services it provides, including patient experience; (v) provider cost and cost trends in comparison to total health care expenditures statewide; (vi) the availability and accessibility of services similar to those provided, or proposed to be provided, through the provider or provider organization within its primary service areas and dispersed service areas; (vii) the provider or provider organization’s impact on competing options for the delivery of health care services within its primary service areas and dispersed service areas including, if applicable, the impact on existing service providers of a provider or provider organization’s expansion, affiliation, merger or acquisition, to enter a primary or dispersed service area in which it did not previously operate; (viii) the methods used by the provider or provider organization to attract patient volume and to recruit or acquire health care professionals or facilities; (ix) the methods used by the provider or provider organization to direct patient care to the appropriate and lowest-cost setting within its system and to eliminate unnecessary duplication of health care services within the system; (x) the role of the provider or provider organization in serving at-risk, underserved and government payer patient populations, including those with behavioral, substance use disorder and mental health conditions, within its primary service areas and dispersed service areas; (xi) the role of the provider or provider organization in providing low margin or negative margin services within its primary service areas and dispersed service areas; (xii) consumer concerns, including but not limited to, complaints or other allegations that the provider or provider organization has engaged in any unfair method of competition or any unfair or deceptive act or practice; and (xiii) any other factors that the commission determines to be in the public interest.
(e) The commission shall make factual findings and issue a preliminary report on the cost and market impact review within 180 days. If the Commission finds in its review that the provider
organization’s request: (i) has resulted or is likely to result in any unfair method of competition; (ii) has resulted or is likely to result in any unfair or deceptive act or practice, (iii) has resulted or is likely to result in increased health care costs that threaten the health care cost growth benchmark; (iv) will substantially lessen competition, or otherwise violate antitrust laws; (v) will not result in or produce increased efficiencies, higher quality of care and lower costs for payers and patients; or (vi) there is no persuasive evidence that the proposed lower costs, efficiencies, and improvements to quality can only be achieved through this transaction, the Commission may deny the provider’s request for a material change and shall outline the rationale for the denial in the preliminary report. At any time during its review, the Commission may refer its findings, together with any supporting documents, data or information to the attorney general for further review and action.
(f) Within 30 days after issuance of a preliminary report, the provider or provider organization may respond in writing to the findings in the report. The commission shall then issue its final report. If the commission approves the transaction the commission shall forward its decision to the attorney general, who shall make an independent legal determination as to whether the transaction satisfies the requirements of state and federal antitrust law and any and all guidance issued by the U.S. Department of Justice and the Federal Trade Commission. Any proposed material change shall not be completed until at least 30 days after the commission has issued a final report.
(g) Any provider organization aggrieved by any such decision by the Commission to deny a request for a material change may request an adjudicatory hearing pursuant to chapter thirty A within twenty-one days of the Commission’s decision. The Commission shall notify the attorney general and the division of insurance upon receipt of such hearing request. Said hearing shall be conducted within thirty days of the Commission’s receipt of the hearing request. The attorney general may intervene in a hearing under this subsection and may require the production of additional information or testimony. The Commission shall issue a written decision within thirty days of the conclusion of the hearing.
(h) A provider organization aggrieved by said written decision may, within twenty days of said decision, file a petition for review in the supreme judicial court for Suffolk County. Review by the supreme judicial court on the merits shall be limited to the record of the proceedings before the commissioner and shall be based upon the standards set forth in paragraph (7) of section fourteen of chapter 30A.
(i) When the commission, under subsection (f), refers a report on a provider or provider organization to the attorney general, the attorney general may: (i) conduct an investigation to determine whether the provider or provider organization engaged in unfair methods of competition or anti-competitive behavior in violation of chapter 93A or any other law; (ii) report to the commission in writing the findings of the investigation and a conclusion as to whether the provider or provider organization engaged in unfair methods of competition or anti-competitive behavior in violation of chapter 93A or any other law; and (iii) if appropriate, take action under chapter 93A or any other law to protect consumers in the health care market. The commission’s report may be evidence in any such action. A proposed material change shall not be completed
while such action is under attorney general review and prior to a final judgment being issued by a court of competent jurisdiction.
(j) Nothing in this section shall limit the authority of the attorney general to protect consumers in the health care market under any other law.
(k) The commission shall adopt regulations for conducting cost and market impact reviews and for administering this section. These regulations shall include definitions of material change and non-material change, primary service areas, dispersed service areas, dominant market share, materially higher prices and materially higher health status adjusted total medical expenses, and any other terms as necessary. All regulations promulgated by the commission shall comply with chapter 30A.
(l) Nothing in this section shall limit the application of other laws or regulations that may be applicable to a provider or provider organization, including laws and regulations governing insurance.
SECTION 7. Section 16 of Chapter 12C of the General Laws is hereby amended by striking the first sentence in paragraph (a) in its entirety and replacing it with the following new language:-
(a) The center shall publish an annual report based on the information submitted under sections 8, 9 and 10 concerning health care provider, provider organization, hospital, health systems, and private and public health care payer costs and cost trends.
SECTION 8. Said Chapter 12C of the General Laws is hereby further amended by striking Section 18 in its entirety and replacing it with the following new language:-
Section 18. The center shall perform ongoing analysis of data it receives under sections 6, 9 and 10 to identify any payers, providers or provider organizations hospitals, or health systems whose increase in health status adjusted total medical expense is considered excessive and who threaten the ability of the state to meet the health care cost growth benchmark established by the health care finance and policy commission under section 10 of chapter 6D. The center shall confidentially provide a list of the payers, providers and provider organizations, hospitals, or health systems to the health policy commission such that the authority may pursue further action under section 10 of chapter 6D.
SECTION 9. Section 25C of Chapter 111 is hereby amended by striking paragraphs (h) and (i) in their entirety and replacing it with the following new language:
(h) Applications for such determination shall be filed with the department, together with other forms and information as shall be prescribed by, or acceptable to, the department. A duplicate copy of any application together with supporting documentation for such application, shall be a public record and kept on file in the department. The department may require a public hearing on any application at its discretion or at the request of the health policy commission or the attorney general. The health policy commission and the attorney general may intervene in any hearing under this section. A reasonable fee, established by the department, shall be paid upon the filing of such application; provided, however, that in no event shall such fee exceed 0.2 per cent of the capital expenditures, if any, proposed by the applicant. The department may also require the
applicant to provide an independent cost-analysis, conducted at the expense of the applicant, to demonstrate that the application is consistent with the commonwealth's efforts to meet the health care cost-containment goals established by the commission.
(i) Except in the case of an emergency situation determined by the department as requiring immediate action to prevent further damage to the public health or to a health care facility, the department shall not act upon an application for such determination unless: (1) the application has been on file with the department for at least 30 days; (2) the center for health care information and analysis, the health policy commission, the state and appropriate regional comprehensive health planning agencies and, in the case of long-term care facilities only, the department of elder affairs, or in the case of any facility providing inpatient services for the mentally ill or developmentally disabled, the departments of mental health or developmental services, respectively, have been provided copies of such application and supporting documents and given reasonable opportunity to comment on such application; (3) the health policy commission has provide a report on the impact of the application on health care costs and the impact on the cost growth benchmark and (4) a public hearing has been held on such application when requested by the applicant, the attorney general’s office, health policy commission, the state or appropriate regional comprehensive health planning agency or any 10 taxpayers of the commonwealth. If, in any filing period, an individual application is filed which would implicitly decide any other application filed during such period, the department shall not act only upon an individual.
SECTION 11. Section 25C of Chapter 111 is hereby amended by striking paragraph (k) in its entirety and replacing it with the following new language:
(k) Determinations of need shall be based on the written record compiled by the department during its review of the application and on such criteria consistent with sections 25B to 25G, inclusive, as were in effect on the date of filing of the application. In compiling such record the department shall confine its requests for information from the applicant to matters which shall be within the normal capacity of the applicant to provide. In reviewing an application, the department shall take into consideration the recommendations made by the health policy commission regarding the impact of the proposed project on health care costs in the commonwealth. In each case the action by the department on the application shall be in writing and shall set forth the reasons for such action; and every such action and the reasons for such action shall constitute a public record and be filed in the department.
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An Act expanding affordable coverage through ConnectorCare | H1186 | HD3361 | 193 | {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T10:41:54.867'} | [{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T10:41:54.8666667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T12:12:10.6766667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T12:15:54.0766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:28:46.2666667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T10:49:39.0666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:17:45.3966667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T09:04:30.31'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T15:22:56.8466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T15:03:46.2333333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:09:44.7866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T11:55:21.7133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-17T11:16:04.0133333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T17:25:11.4966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T10:56:26.4766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T14:16:56.7666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T11:14:17.93'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-27T11:14:17.93'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T14:34:05.5766667'}] | {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T10:41:54.867'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1186/DocumentHistoryActions | Bill | By Representatives Driscoll of Milton and Barber of Somerville, a petition (accompanied by bill, House, No. 1186) of William J. Driscoll, Jr., Christine P. Barber and others that the Health Insurance Connector Authority implement a 5-year pilot program to extend eligibility for premium assistance payments or point-of-service cost-sharing subsidies. Health Care Financing. | SECTION 1. (a) Notwithstanding clause (b) of section 3 of chapter 176Q of the General Laws or any other general or special law to the contrary, the commonwealth health insurance connector authority established in section 2 of said chapter 176Q shall implement a 5-year pilot program to extend eligibility for premium assistance payments or point-of-service cost-sharing subsidies for applicants at or below 500 percent of the federal poverty guidelines.
(b) Applicants participating in the pilot program that are between 300 and 500 percent of the federal poverty guidelines shall have access to a plan that meets at least 90 per cent actuarial value; provided, that the affordability standard for the pilot program shall be consistent with current practices pursuant to said section 3 of said chapter 176Q.
(c) Notwithstanding the second paragraph of section 2OOO of chapter 29 of the General Laws or any other general or special law to the contrary, amounts necessary to support the 5-year pilot program established in subsection (a) shall be expended from the Commonwealth Care Trust Fund established in said section 2OOO of said chapter 29.
(d) The commonwealth health insurance connector authority, in consultation with the center for health information and analysis, shall evaluate the pilot program to assess the public health, health equity, utilization and financial impacts on residents of reducing out-of-pocket costs and premium costs. The center shall collect quantitative and qualitative data at the start of the pilot program and at the end of each year of the pilot program to assess the impact on pilot program participants. Data points to be collected shall include, but not be limited to: (i) rates of unmet medical need due to cost; (ii) disparities in rates of unmet medical need due to cost; (iii) difficulties accessing care at a doctor’s office or clinic; (iv) racial and ethnic disparities in difficulties accessing care at a doctor’s office or clinic; (v) insurance coverage rates, including rates of continuous insurance coverage; (vi) racial and ethnic disparities in insurance coverage rates; (vii) visits to a doctor’s office; and (viii) racial and ethnic disparities in visits to a doctor’s office. The connector authority shall file reports of its evaluation with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on public health and the joint committee on health care financing not later than December 1, 2026 and December 1, 2029.
SECTION 2. Section 1 shall take effect on Jan 1, 2024.
SECTION 3. Section 1 shall be repealed on Dec 31, 2028.
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An Act providing financial transparency for patients receiving care at hospital-based outpatient facilities | H1187 | HD409 | 193 | {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-12T12:18:57.867'} | [{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-12T12:18:57.8666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1187/DocumentHistoryActions | Bill | By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 1187) of William J. Driscoll, Jr., relative to providing financial transparency for patients receiving care at hospital-based outpatient facilities. Health Care Financing. | SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting the following section:-
Section 228A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Facility fee”, a fee charged or billed for outpatient hospital services provided in a hospital-based facility that is intended to cover the cost of the hospital operational expenses, which is separate and distinct from a professional fee.
“Hospital-based facility”, a provider of health care services, including but not limited to a department of a provider, a remote location of a hospital, or a satellite facility that meets the requirements of 42 C.F.R. § 413.65.
(a) Prior to the delivery of non-emergency services, a hospital-based facility that charges or bills a facility fee for services shall inform the patient that: 1) it is licensed as part of the hospital and the patient may receive a separate charge that is in addition to and separate from the professional fee charged by the provider; 2) the patient may incur financial liability that is greater than the patient would incur if the professional medical services were not provided by a hospital-based facility; and 3) information on how the patient can obtain financial liability for the known services through the hospital or the patient’s insurance carrier, along with information that the actual liability may change depending on the actual services provided. This information shall be provided in written form before the delivery of services.
(b) If a hospital or health system designates a location as a hospital-based facility, the facility shall clearly identify the facility as being hospital-based, including by stating the name of the hospital or health system in the facility’s signage, marketing materials, Internet web sites and stationery and by posting notices in designated locations accessible to and visible by patients in a manner proscribed by the commissioner.
(c) The commissioner may promulgate regulations that are necessary to implement this section.
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An Act providing affordable care through out-of-pocket assistance | H1188 | HD3405 | 193 | {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T10:48:46.027'} | [{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-20T10:48:46.0266667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:09:06.3866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T14:33:56.3166667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1188/DocumentHistoryActions | Bill | By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 1188) of William J. Driscoll, Jr., and Jon Santiago relative to a cost-sharing assistance program for low income health care applicants. Health Care Financing. | SECTION 1. (a) Notwithstanding any other general or special law to the contrary, the Secretary of Health and Human Services, in consultation with the commonwealth health insurance connector authority established in section 2 of chapter 176Q shall implement a cost-sharing assistance program for applicants at or below 500 percent of the federal poverty guidelines enrolled in employer-sponsored insurance plans.
(b) Applicants shall be deemed eligible for the cost-sharing assistance program established under subsection (a) of section 1 if they meet the following criteria: (1) have income under 500 percent of the federal poverty level; and (2) are enrolled in an employer sponsored health insurance plan that meets the criteria for minimum value and affordable coverage under U.S. Code section 36B(c)(2)(C).
(c) The cost-sharing assistance program established under subsection (a) shall provide supplemental insurance coverage to eligible applicants that covers the differences in cost-sharing, including co-pays, co-insurance, and deductibles, between the employer plan in which the applicant is enrolled, and a plan equivalent to plans sold through the connector that are eligible for premium assistance payments or cost sharing subsidies under section 3 of Chapter 176Q.
(d) The commonwealth health insurance connector authority, in consultation with the center for health information and analysis, shall evaluate the cost assistance program to assess the public health, health equity, utilization and financial impacts on residents of reducing out-of-pocket costs. The center shall collect quantitative and qualitative data at the start of the program and at the end of each year of the program to assess the impact on program participants. Data points to be collected shall include, but not be limited to: (i) rates of unmet medical need due to cost; (ii) disparities in rates of unmet medical need due to cost; (iii) difficulties accessing care at a doctor’s office or clinic; (iv) racial and ethnic disparities in difficulties accessing care at a doctor’s office or clinic; (vii) visits to a doctor’s office; and (viii) racial and ethnic disparities in visits to a doctor’s office. The connector authority shall file a report of its evaluation with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on public health and the joint committee on health care financing not later than December 1, 2029.
SECTION 2. Section 1 shall take effect on Jan 1, 2026.
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An Act updating high-cost hospitals and Health Policy Commission system accountability | H1189 | HD2748 | 193 | {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-19T13:11:05.663'} | [{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-19T13:11:05.6633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1189/DocumentHistoryActions | Bill | By Representative Duffy of Holyoke, a petition (accompanied by bill, House, No. 1189) of Patricia A. Duffy relative to high-cost hospitals and Health Policy Commission system accountability. Health Care Financing. | SECTION 1. Section 10 of chapter 6D of the General Laws as so appearing in the 2022 Official Edition, is hereby amended by striking clause (6) of subsection (f) and inserting in place thereof the following 2 clauses:-
(6) The payer mix of the population served by the entity and the demographics of the population served including but not limited to the underlying risk of the population.
(7) any other factors the commission considers relevant.
SECTION 2. Subsection (q) of said section 10 of said chapter 6D of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by striking the figure “$500,000” and inserting in place thereof the following words:-
A sum commensurate with the amount that the spending for the entity’s members or patients exceeded the benchmark as established under section 9A in the relevant year or years.
SECTION 3. Section 18 of chapter 12C of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by striking the words “health status adjusted”.
SECTION 4. Chapter 12C of the General Laws is hereby further amended by inserting after section 18 the following section:-
Section 18A. The center shall additionally perform an analysis of data it receives under this chapter to identify hospitals whose contribution to spending growth is considered excessive and who threaten the ability of the state to meet the healthcare cost growth benchmark established by the health policy commission under section 10 of chapter 6D. The center shall additionally perform analysis to identify hospitals whose relative prices are in the top quartile and whose relative price values within a payer’s network have increased. The center shall confidentially provide a list of said hospitals identified under this section to the health policy commission such that the authority may pursue further action under section 10 of chapter 6D.
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An Act further defining eligibility for medical use marijuana | H119 | HD172 | 193 | {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-10T13:57:33.943'} | [{'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-10T13:57:33.9433333'}, {'Id': None, 'Name': 'Stephen Mandile', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-10T14:14:02.94'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:48:49.2266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:02:09.15'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-23T09:45:49.5966667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H119/DocumentHistoryActions | Bill | By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 119) of Michael J. Soter and others for legislation to further regulate eligibility for medical use marijuana. Cannabis Policy. | SECTION 1. Section 1 of chapter 94I of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “Debilitating medical condition” and inserting in place thereof the following definition:-
“Debilitating medical condition”, cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Parkinson's disease, multiple sclerosis, post-traumatic stress disorder, opioid use disorder, and other conditions as determined in writing by a registered qualifying patient's registered healthcare professional.
SECTION 2. Said section 1 of said chapter 94I of the General Laws, as so appearing, is hereby further amended by striking out the definition of “Qualifying patient” and inserting in place thereof the following definition:-
“Qualifying patient”, (1) a person who has been diagnosed by a registered healthcare professional as having a debilitating medical condition, or (2) a veteran receiving their health care at a federal Veterans Administration facility provides their Veterans Administration "Blue Button Report Problem List” indicating an existing debilitating medical condition to the commission.
| null | [] | [] | [{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J50', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J50'}, 'Votes': []}] | [] |
An Act to continue enhanced Medicaid hospital payments | H1190 | HD3363 | 193 | {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:13:10.23'} | [{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:13:10.23'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T14:28:24.7233333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-24T14:28:24.7233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-25T10:10:17.8066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T09:36:56.3666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1190/DocumentHistoryActions | Bill | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1190) of Michael J. Finn and others for legislation to continue enhanced Medicaid hospital payments. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws is hereby amended by inserting the following new section:-
Section XX (a) The executive office shall direct monthly payments to eligible hospitals in the form of enhanced Medicaid payments, supplemental payments or other appropriate mechanism. Each payment made to an eligible hospital shall equal 5 per cent of the eligible hospital’s average monthly Medicaid payments, as determined by the executive office, for inpatient and outpatient acute hospital services for the preceding year or the most recent year for which data is available; provided, however, that such enhanced Medicaid payments shall not be used in subsequent years by the secretary to calculate an eligible hospital’s average monthly payment; and provided further, that such payments shall not offset existing Medicaid payments for which an eligible hospital may be qualified to receive.
(b) The executive office may require as a condition of receiving payment any such reasonable condition of payment that the secretary determines necessary to ensure the availability, to the extent possible, of federal financial participation for the payments, and the executive office may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipt of federal financial participation for the payments.
(c) The executive office may promulgate regulations as necessary to carry out this section.
(d) For the purposes of this section “eligible hospital” shall mean a non-profit or municipal acute care hospital licensed under section 51 of chapter 111 that: (i) has a statewide relative price less than 0.90, as calculated by the center for health information and analysis pursuant to section 10 of chapter 12C according to data from the most recent available year; (ii) has a public payer mix equal to or greater than 60 per cent, as calculated by the center for health information and analysis according to data from the most recent available year; and (iii) is not owned, financially consolidated or corporately affiliated with a provider organization, as defined by section 1 of chapter 6D, that: (A) owns or controls 2 or more acute care hospitals licensed under section 51 of chapter 111; and (B) the total net assets of all affiliated acute care hospitals within the provider organization is greater than $600,000,000, as calculated by the center for health information and analysis according to data from the most recent available year.
(e) For the purposes of subsection (d), a hospital’s mere clinical affiliation with a provider organization, absent ownership, financial consolidation or corporate affiliation, shall not disqualify an eligible hospital from payments authorized under this section.
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An Act relating to hospital bad debts, claims denials and prompt payments | H1191 | HD2983 | 193 | {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T21:09:49.443'} | [{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T21:09:49.4433333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T17:07:45.87'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:05:27.3233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1191/DocumentHistoryActions | Bill | By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1191) of Brandy Fluker Oakley, Bud L. Williams and Patrick Joseph Kearney relative to hospital bad debt claims denials and prompt payments collected by the Center for Health Information and Analysis. Health Care Financing. | SECTION 1. Section 8(a) of Chapter 12C of the General Laws is amended by adding the following sentence after the first sentence thereof:
The center shall collect from each hospital its annual bad debt in total and broken down by the payer that insured the patient, including all commercial payers, government payers, and bad debt arising from services rendered to self-pay and uninsured patients; the claim denial rate by each commercial and government payer along with the annual dollar value of denied claims by payer; and an aged accounts receivable report by payer, and the center shall publish an annual report disclosing such data by hospital.
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An Act to protect medically fragile children | H1192 | HD1829 | 193 | {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:55:06.093'} | [{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:55:06.0933333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-30T09:10:34.3'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T09:10:34.3'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-25T15:41:44.26'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T09:10:34.3'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-30T09:10:34.3'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-01T11:48:19.3133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T11:38:27.11'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-13T10:57:05.69'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-13T10:57:05.69'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-17T09:48:57.72'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-10-15T20:57:28.9533333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-15T20:57:28.9533333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1192/DocumentHistoryActions | Bill | By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 1192) of Denise C. Garlick and others for legislation to protect medically fragile children. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 80. (a) Notwithstanding any general or special law to the contrary, and subject to appropriation, the executive office of health and human services shall increase the budget for continuous skilled nursing care, as defined in 101 CMR 361 and 130 CMR 403.402, by an amount that ensures:
(1) At least 75 percent of continuous skilled nursing hours authorized by MassHealth are filled on or before July 1, 2023;
(2) At least 80 percent of continuous skilled nursing hours authorized by MassHealth are filled on or before July 1, 2024; and
(3) At least 85 percent of continuous skilled nursing hours authorized by MassHealth are filled on or before July 1, 2025, and shall remain at 85 percent or above thereafter.
(b) The executive office of health and human services may require any portion of the budget increases provided for in this section to be used exclusively to increase the wage payment rate of nurses providing continuous skilled nursing care.
(c) To satisfy the requirements in subsection (a), the executive office of health and human services shall require MassHealth to submit an annual report no later than January 1 that:
(1) demonstrates that MassHealth has not changed its authorization criteria for continuous skilled nursing services in a way that is more restrictive and results in a reduction in the amount of authorized hours that would have been authorized previously; and
(2) includes the following information from the immediately preceding calendar year: (i) the number of filled and unfilled continuous skilled nursing hours authorized by MassHealth; (ii) the number of appeals received by MassHealth for the denial or modification of continuous skilled nursing hours and the number of patients that filed an appeal; (iii) the number of patients that received a reduction in the amount of authorized continuous skilled nursing hours; and (iv) the number of authorized continuous skilled nursing hours reduced from the immediately preceding calendar year, if any.
(d) The executive office of health and human services, in collaboration with MassHealth and after consultation with the Massachusetts Pediatric Nursing Care Campaign, shall promulgate regulations to implement this section.
(e) Nothing in this section shall be construed to prohibit filling 85 percent of the continuous skilled nursing hours authorized by MassHealth prior to July 1, 2025.
SECTION 2. Notwithstanding any general or special law to the contrary, the office of Medicaid shall review the wage payment rates established by home health agencies that provide continuous skilled nursing care, as defined in 101 CMR 361 and 130 CMR 403.402, for the providers of those services. The office shall provide: (i) an aggregated overview of the wage payment rates paid by home health agencies to staff or contracted nurses providing continuous skilled nursing care, including any increases in said wage rates resulting from increases in Medicaid rates paid to home health agencies for continuous skilled nursing care in state fiscal years 2020, 2021 and 2022; (ii) an aggregated breakdown of said wage rates as applied to the acuity level of patients receiving continuous skilled nursing care; (iii) an aggregated breakdown of said wage rates as applied to the licensure level of the providers of continuous skilled nursing care; and (iv) recommendations on criteria to be included in any future reporting by home health agencies receiving an increase of continuous skilled nursing care rates provided by the office. The office shall provide this report not later than March 1, 2025 to the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means. Home health agencies providing continuous skilled nursing care shall provide all information and documentation requested by the office of Medicaid to compile the required report under this section.
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An Act relative to maintaining independent authority over nursing licensure in the Commonwealth | H1193 | HD1913 | 193 | {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:49:12.543'} | [{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:49:12.5433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T09:10:50.6133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T09:10:50.6133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T09:10:50.6133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T09:10:50.6133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T14:16:27.47'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T14:59:17.3866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:19:32.6866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:09:24.8333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1193/DocumentHistoryActions | Bill | By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 1193) of Denise C. Garlick and others relative to maintaining independent authority over nursing licensure in the Commonwealth. Health Care Financing. | SECTION 1. Section 14 of chapter 13 of the General Laws is hereby amended by inserting the following paragraph:-
(l) maintain independent oversight of the practice and licensure of nursing in the Commonwealth.
SECTION 2. Section 14 of said chapter 13 is hereby further amended by striking out in paragraph (j) the word “and”.
SECTION 3. Section 14 of said chapter 13 is hereby further amended by striking out in paragraph (k) “.” and inserting in place thereof the following:- ; and
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Resolve relative to the reimbursement of school-based care | H1194 | HD3107 | 193 | {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T18:25:26.47'} | [{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T18:25:26.47'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-02T12:01:46.6833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T09:41:56.93'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-24T16:23:32.8033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1194/DocumentHistoryActions | Resolve | By Representative Garlick of Needham, a petition (accompanied by resolve, House, No. 1194) of Denise C. Garlick and Mathew J. Muratore relative to the establishment by the Executive Office of Health and Human Services of a MassHealth reimbursement of school-based care task force to study and make recommendations of direct MassHealth reimbursements to local education authorities for certain school-based services. Health Care Financing. | Resolved, (a) For the purposes of this resolve, the following terms shall have the following meanings:
“Administrative activities,” those activities as defined in the local education authority’s provider contract with MassHealth, and shall include Medicaid outreach services, facilitation or assistance in the MassHealth application process, assistance in coordination and delivery of MassHealth covered services, individual care planning, monitoring, coordination and referrals of MassHealth covered services, and assistance in obtaining MassHealth-covered transportation or translation services that are related to MassHealth covered services.
“Local education authority,” any city, town, charter school, public health commission, or school district.
“School-based services,” any medically necessary MassHealth covered services, as delineated in the Medicaid State Plan, which are provided to a member by a school-based Medicaid provider.
“Individualized education program,” a written statement, developed and approved in accordance with federal special education law in a form established by the Department of Elementary and Secondary Education of the Commonwealth that identifies a student's special education needs and describes the services a local education authority shall provide to meet those needs.
“School-age child,” any person of ages three through twenty-two who has not attained a high school diploma or its equivalent.
(b) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a MassHealth reimbursement of school-based care task force to study and make recommendations with respect to direct MassHealth reimbursement to local education authorities for school-based services, administrative activities, and any other medical benefits provided by such local education authority to any school-age child who is an eligible beneficiary of MassHealth in accordance with chapter 118E of the General Laws, Title XIX, and Title XXI, as appropriate.
(c) The task force shall consist of: the secretary of the executive office of health and human services, or a designee, who shall serve as co-chair; the secretary of the executive office of education, or a designee, who shall serve as co-chair; a representative from the division of local services; 1 representative from each of the following organizations that represent direct care providers within the educational setting: Massachusetts School Nurse Organization, Massachusetts Association of Occupational Therapists, American Physical Therapy Association of Massachusetts, Massachusetts Speech-Language Hearing Association, Massachusetts School Counselors Association, Massachusetts Mental Health Consortium, and the Massachusetts School Psychologists Association; 1 representative from the Massachusetts Association of School Superintendents; 1 representative from the Massachusetts Association of School Committees; and 1 representative from the Massachusetts Municipal Association.
The task force shall also consist of 2 members of the senate to be appointed by the president of the senate and 1 member of the senate to be appointed by the minority leader of the senate, 2 members of the house of representatives to be appointed by the speaker of the house and 1 member of the house of representatives to be appointed by the minority leader of the house of representatives
(d) The task force shall: (1) determine the number of local education authorities enrolled with the division of medical assistance as MassHealth; (2) analyze the extent to which said local education authorities utilize MassHealth reimbursement of school-based services, administrative activities and any other medical benefits provided by such local education authority to any school-age child who is an eligible beneficiary of MassHealth; (3) investigate any impediments to seeking MassHealth reimbursement for said services, including but not limited to student eligibility; and (4) analyze common state and federal reimbursements and other sources of revenue for educational or other school-based services, and the extent to which said reimbursements and sources of revenue are allocated directly to the municipality versus the local education authority.
(e) All appointments to the task force shall be made not later than 30 days after the effective date of this resolve.
(f) The task force shall submit its findings, recommendations, and any determinations regarding necessary legislation and regulations to the clerks of the senate and the house of representatives, the joint committee on education, the joint committee on health care financing, and the senate and house committees on ways and means not later than January 1, 2024. The secretary of health and human services shall make the report publicly available on the website of the executive office of health and human services.
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An Act clarifying rate setting processes for home health and home care services | H1195 | HD213 | 193 | {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:36:12.67'} | [{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:36:12.67'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:46:47.9233333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-08-28T08:09:36.9533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-01T14:50:34.7466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:09:08.24'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:00:04.8466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-30T11:06:44.9333333'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-02-09T13:38:51.0133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-13T11:22:38.45'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:48:29.2933333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-23T10:36:29.3966667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:46:35.3933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T16:55:54.9466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:29:52.0466667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T16:00:35.45'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T11:28:46.32'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-08T12:58:54.5933333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T10:31:12.1433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:13:49.19'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T12:41:24.46'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:06:39.79'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-07-25T11:19:21.0566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:37:35.28'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T12:34:53.0533333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-10T15:40:23.4533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T11:54:17.8233333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T16:28:54.5'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-22T06:32:10.8666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T11:08:37.9233333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-10-13T16:36:27.2566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1195/DocumentHistoryActions | Bill | By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1195) of Carmine Lawrence Gentile and others relative to the rate setting processes for home health and home care services. Health Care Financing. | SECTION 1: Section 13D of Chapter 118E of the general laws is amended after the second paragraph by inserting the following new paragraph:
Such rates for home health agencies, as defined under section 51K of chapter 111, shall be established at least biennially. In setting such rates, the executive office shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than 4 years prior to the current rate year, adjusted for reasonableness and to incorporate any new regulatory costs imposed since said base year costs. In establishing rates of payment to home health agencies, the executive office shall consider all costs which must be incurred by efficiently and economically operated providers. The rates shall also include an allowance for reasonable administrative expenses and a reasonable profit factor, as determined by the executive office. Such cost analysis shall include, but not be limited to, the following: costs of similar services provided in other care settings; use of national or regional indices to measure increases or decreases in reasonable costs incurred since the base year costs; the revision of existing historical cost bases, where applicable, to reflect changing norms or models of efficient service delivery; and other means to encourage the cost-efficient delivery of services. The Secretary shall, concurrent with the completion of setting such rates, provide a report to the house and senate committees on ways and means detailing how the rates issued under this paragraph were analyzed and revised; provided further, that the report shall compare the inflationary considerations made in the adopted rate with the most recent “Home Health Agency Market Basket” index posted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; provided further, that if the adopted rate does not rely on the “Home Health Agency Market Basket” index for the purpose of determining inflationary adjustments, then the report will simulate what the rate would have been if such index was a factor in rate development. In determining the methodology for setting rates, the Secretary shall consult with stakeholders impacted by the rates.
SECTION 2: Section 4 of Chapter 19A is hereby amended by adding after Section 4D the following new section:
SECTION 4E: In establishing rates of payment pursuant to the second paragraph of section 13C of chapter 118E of the M.G.L., the executive office shall consider changes to the state minimum wage or changes to employer payroll tax obligations as governmental mandates that affect the costs of providing homemaker and personal care homemaker services to elderly clients under this section.
The executive office shall also consider and analyze rates of payment and wages associated with providing similar services in both the public and private settings. In calculating operating costs, the executive office shall consider costs of; health insurance, employee benefits and training, payroll taxes, technology costs, administrative allocation and staff salaries using the latest available national or regional indices and benchmarked to the latest available Bureau of Labor Statistics median wage data. Nothing in this section shall be construed as limiting consideration of other governmental mandates or operating costs that affect the cost of providing services pursuant to section 4 of chapter 19A of the General Laws. In determining the methodology for setting rates, the Secretary shall consult with stakeholders impacted by the rates.
The Secretary of Elder Affairs shall, concurrent with the promulgation of the final rates of payment for services under section 4 of chapter 19A, issue a report to the House and Senate committees on ways and means detailing how the rates promulgated were analyzed and determined in compliance with the provisions set forth in the second paragraph of section 13C of chapter 118E of the General Laws. The report shall detail the department’s analysis of changes in the costs of providing homemaker and personal care homemaker services since the immediately preceding rate determination; provided further, that the report shall compare the inflationary considerations made in the adopted rate with the most recent “Home Health Agency Market Basket” index posted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; provided further, that if the adopted rate does not rely on the “Home Health Agency Market Basket” index for the purpose of determining inflationary adjustments, then the report will simulate what the rate would have been if such index was a factor in rate development.
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An Act administering national standards to Medicaid medical necessity reviews | H1196 | HD1029 | 193 | {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-18T09:10:44.54'} | [{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-18T09:10:44.54'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1196/DocumentHistoryActions | Bill | By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1196) of Danielle W. Gregoire relative to administering national standards to Medicaid medical necessity reviews. Health Care Financing. | SECTION 1. Section 8 of chapter 118E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in line 3 by inserting after the words “meaning:” the following definitions:
“Adverse determination”, a determination from a clinical peer reviewer, based upon a concurrent and retrospective medical review of information provided by a healthcare provider, to deny, reduce, modify, or terminate an admission, continued inpatient stay, or the availability of any other health care services, for failure to meet the requirements for coverage based on medical necessity, appropriateness of health care setting and level of care, or effectiveness.
“Clinical peer reviewer”, a physician or other health care professional, other than the physician or other health care professional who made the initial decision, who holds a non-restricted license from the appropriate professional licensing board in the commonwealth, a current board certification from a specialty board approved by the American Board of Medical Specialties or the Advisory Board of Osteopathic Specialists from the major areas of clinical services or, for non-physician health care professionals, the recognized professional board for their specialty, who also actively practices in the same or similar specialty as typically manages the medical condition, procedure or treatment under review, and whose compensation does not directly or indirectly depend upon the quantity, type or cost of the services that such person approves or denies.
SECTION 2. Section 51 of said chapter 118E, as so appearing, is hereby amended by inserting after the first paragraph the following new paragraph:
Upon making an adverse determination regarding an admission, continued inpatient stay, or the availability of any other health care services or procedure, the division shall provide a written notification of the adverse determination that shall include a substantive clinical justification that is consistent with generally accepted principles of professional medical practice, and shall, at a minimum: (1) identify the specific information upon which the adverse determination was based; (2) discuss the medical assistance recipient's presenting symptoms or condition, diagnosis and treatment interventions and the specific reasons based on national evidence based medical standards and criteria that such medical evidence fails to meet a national evidence based medical standard and criteria; (3) specify any alternative treatment option offered by the division, if any; and (4) reference and include applicable clinical practice guidelines and review criteria used in making the adverse determination. The division shall give a provider treating a medical assistance recipient an opportunity to seek reconsideration of an adverse determination. Said reconsideration process shall occur within one working day of the receipt of the request and shall be conducted between the provider rendering the service and the clinical peer reviewer or a clinical peer designated by the clinical peer reviewer if said reviewer cannot be available within one working day. If the adverse determination is not reversed by the reconsideration process, nothing in the paragraph shall prevent the provider from pursuing the claim through the division’s appeal process.
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An Act to provide rapid whole genome sequencing | H1197 | HD1031 | 193 | {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T17:17:09.66'} | [{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T17:17:09.66'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-06-09T18:31:16.69'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-07-24T14:23:11.4766667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1197/DocumentHistoryActions | Bill | By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1197) of Danielle W. Gregoire for legislation to provide rapid whole genome sequencing. Health Care Financing. | SECTION 1. Notwithstanding any general or special law to the contrary, the Executive Office of Health and Human Service in conjunction with the Office of MassHealth shall ensure the provision of rapid whole genome sequencing when the following clinical criteria are met.
For purposes of this section, “rapid whole genome sequencing” is defined as an investigation of the entire human genome, including coding and non-coding regions and mitochondrial deoxyribonucleic acid, to identify disease-causing genetic changes that returns the preliminary positive results within 5 days and final results within 14 days. When used in this section “rapid whole genome sequencing” includes patient-only whole genome sequencing and duo and trio whole genome sequencing of the patient and biological parent or parents.
Subject to any required approval of the Centers for Medicare and Medicaid Services, the Commonwealth shall include coverage of rapid whole genome sequencing as a separately payable service for Medicaid beneficiaries when all of the following criteria are met: (i) the beneficiary is twenty-one years of age or younger (ii) the beneficiary has a complex or acute illness of unknown etiology, that is not confirmed to be caused by an environmental exposure, toxic ingestion, infection with normal response to therapy, or trauma, and (iii) the beneficiary is receiving inpatient hospital services in an intensive care unit or high acuity pediatric care unit.
The coverage provided pursuant to this Section may be subject to applicable evidence-based medical necessity criteria that shall be based on all of the following: (i) the patient has symptoms that suggest a broad differential diagnosis that would require an evaluation by multiple genetic tests if rapid whole genome sequencing is not performed, (ii) the patient’s treating healthcare provider has determined that timely identification of a molecular diagnosis is necessary to guide clinical decision-making and testing results may guide the treatment or management of the patient’s condition, (iii) complex or acute illness of unknown etiology including at least one of the following conditions:
i) Congenital anomalies involving at least 2 organ systems or complex/multiple congenital anomalies in one organ system.
ii) Specific organ malformations highly suggestive of a genetic etiology.
iii) Abnormal laboratory tests or abnormal chemistry profiles suggesting the presence of a genetic disease, complex metabolic disorder, or inborn error of metabolism like but not limited to an abnormal newborn screen, hyperammonemia, or severe lactic acidosis not due to poor perfusion.
iv) Refractory or severe hypoglycemia or hyperglycemia.
v) Abnormal response to therapy related to an underlying medical condition affecting vital organs or bodily systems.
vi) Severe muscle weakness, rigidity, or spasticity.
vii) Refractory seizures.
viii) A high-risk stratification on evaluation for a brief resolved unexplained event with any of the following:
(1) A recurrent event without respiratory infection.
(2) A recurrent event witnessed seizure-like event.
(3) A recurrent cardiopulmonary resuscitation.
ix) Abnormal cardiac diagnostic testing results suggestive of possible channelopathies, arrhythmias, cardiomyopathies, myocarditis, or structural heart disease.
x) Abnormal diagnostic imaging studies suggestive of underlying genetic condition.
xi) Abnormal physiologic function studies suggestive of an underlying genetic etiology.
xii) Family genetic history related to the patient’s condition.
Genetic data generated as a result of performing rapid whole genome sequencing, covered pursuant to this Section, shall have a primary use of assisting the ordering health care professional and treating care team to diagnose and treat the patient, and as protected health information it shall be subject to the to the requirements applicable to protected health information as set forth in the Health Information Portability and Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, and their attendant regulations, including but not limited to the HIPAA Privacy Rule as promulgated at 45 CFR Part 160 and Subparts A and E of 45 CFR Part 164.
The Executive Office of Health and Human Services shall take any actions necessary to implement the provisions of this Section, which can include, if deemed necessary, the following: (i) promulgation of rules and regulations to provide for Medicaid coverage pursuant to this Section, (ii) submission to the Centers for Medicare and Medicaid Services of any new waiver application, amendment to an existing waiver, or Medicaid state plan amendment necessary to ensure federal financial participation for Medicaid coverage pursuant to this Section, or (iii) any other administrative action determined by the Secretary as necessary to implement the requirements of this Section.
SECTION 2. This act shall take effect upon passage.
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An Act to extend enhanced Medicaid benefits to eligible hospitals | H1198 | HD2873 | 193 | {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-19T17:27:31.63'} | [{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-19T17:27:31.63'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:27:00.17'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1198/DocumentHistoryActions | Bill | By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 1198) of Patricia A. Haddad and James K. Hawkins for legislation to extend enhanced Medicaid benefits to eligible hospitals. Health Care Financing. | SECTION 1. (a) Notwithstanding any general or special law to the contrary, the secretary of health and human services shall direct monthly payments to eligible hospitals in the form of enhanced Medicaid payments, supplemental payments or other appropriate mechanism. Each payment made to an eligible hospital shall equal 5 per cent of the eligible hospital’s average monthly Medicaid payments, as determined by the secretary, for inpatient and outpatient acute hospital services for the preceding year or the most recent year for which data is available; provided, however, that such enhanced Medicaid payments shall not be used in subsequent years by the secretary to calculate an eligible hospital’s average monthly payment; and provided further, that such payments shall not offset existing Medicaid payments for which an eligible hospital may be qualified to receive. In any fiscal year, the total sum of all payments made to eligible hospitals under this section shall not exceed $35,000,000.
(b) The secretary may require as a condition of receiving payment any such reasonable condition of payment that the secretary determines necessary to ensure the availability, to the extent possible, of federal financial participation for the payments, and the secretary may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipt of federal financial participation for the payments.
(c) The executive office of health and human services may promulgate regulations as necessary to carry out this section.
(d) For the purposes of this section “eligible hospital” shall mean a non-profit or municipal acute care hospital licensed under section 51 of chapter 111 that: (i) has a statewide relative price less than 0.90, as calculated by the center for health information and analysis pursuant to section 10 of chapter 12C according to data from the most recent available year; (ii) has a public payer mix equal to or greater than 60 per cent, as calculated by the center for health information and analysis according to data from the most recent available year; and (iii) is not owned, financially consolidated or corporately affiliated with a provider organization, as defined by section 1 of chapter 6D, that: (A) owns or controls 2 or more acute care hospitals licensed under section 51 of chapter 111; and (B) the total net assets of all affiliated acute care hospitals within the provider organization was greater than $600,000,000 for fiscal year 2019, as calculated by the center for health information and analysis using data published in October 2020 in its databook titled Massachusetts Acute Hospital & Health System Financial Performance.
(e) For the purposes of subsection (d), a hospital’s mere clinical affiliation with a provider organization, absent ownership, financial consolidation or corporate affiliation, shall not disqualify an eligible hospital from payments authorized under this section.
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An Act relative to using Medicaid for violence prevention and intervention | H1199 | HD2549 | 193 | {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T14:27:59.243'} | [{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T14:27:59.2433333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-06-14T15:23:12.59'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T12:14:47.3'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-02-01T13:32:38.97'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1199/DocumentHistoryActions | Bill | By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1199) of Christopher Hendricks, William M. Straus and Lindsay N. Sabadosa relative to hospital-based violence intervention and prevention services. Health Care Financing. | SECTION 1. (a) As used in this section:
(1) "Community violence" means intentional acts of interpersonal violence committed in public areas by individuals who are not family members or intimate partners of the victim;
(2) "Community violence prevention and intervention services" means evidence- based and/or evidence-informed, trauma-informed, supportive and psychotherapeutic services provided by a prevention professional and/or a certified violence prevention professional, within or outside of a clinical setting, for the purpose of promoting improved health outcomes and positive behavioral change, preventing injury recidivism and reducing the likelihood that individuals who are victims of community violence will commit or promote violence themselves. "Community violence prevention services" may include, but are not limited to, the provision of a community-based mobile team, outreach by violence prevention professionals who are certified or seeking certification as defined in subsection (c) serving as primary case manager or other team member outreach, comprehensive assessment and treatment planning, in-home or community-based trauma-specific therapy, specifically cognitive behavior strategies, integrated access to educational, employment and housing services, integrated access to MAT and psychopharmacology, stakeholder engagement and education. Community violence prevention and intervention services are person-centered, team-based interventions that may also include peer support and counseling, mentorship, conflict mediation, crisis intervention, targeted case management, referrals to certified or licensed health care professionals or social services providers, patient education or screening services to victims of community violence, and collaboration or integration with transitional employment, housing or other rehabilitative services. “Community violence prevention and intervention services” are intensive, longitudinal interventions responsive to individual risks and needs. “Community violence prevention and intervention services” are not care navigation, case management, or bridging services.
(3) "Interpersonal violence" means the intentional use of physical force or power against other persons by an individual or small group of individuals;
(4) "Prevention professional" has the same meaning as described by the National Uniform Claim Committee (NUCC), or its successor, under NUCC Code Number 405300000X; and
(5) "Certified violence prevention professional" means a prevention professional who meets all of the conditions specified in subsection (c) of this section.
(b) (1) On or before passage, the Secretary of the Executive Office of Health and Human Services, shall amend the Medicaid state plan to make community violence prevention services available, to the extent permitted by federal law, to any Medicaid beneficiary who has: (A) Received medical treatment for an injury sustained as a result of an act of community violence, or (B) been referred by local and/or state police as being at proven risk for engagement in violence or to be a victim of violence; and (C) been referred by a certified or licensed health care provider, correctional institution, school or school officer, social services provider or state agency to receive community violence prevention services from a certified violence prevention professional, after such provider determines such beneficiary to be at elevated risk of a violent injury or retaliation resulting from another act of community violence.
(2) Secretary of the Executive Office of Health and Human Services shall seek any federal approvals necessary to implement this section, including, but not limited to, state plan amendment by the federal Centers for Medicare and Medicaid Services. This subsection shall be implemented only to the extent that federal financial participation is available, and any necessary federal approvals have been obtained.
(3) The Secretary of the Executive Office of Health and Human Services shall utilize the Violence Prevention Federal Reinvestment Trust Fund to expand the purchase of community violence and intervention services, as defined above.
(4) The Secretary of the Executive Office of Health and Human Services shall treat existing violence prevention expenditures, including, but not limited to, expenditures for the Safe and Successful Youth Initiative, as certified public expenditures and ensure that all federal matching reserves are directed into the Violence Prevention Federal Reinvestment Trust.
(5) Massachusetts Medicaid will claim Federal Financial Participation on all annual expenditures from the Violence Prevention Federal Reinvestment Trust and will ensure that all federal revenues are directed into the Trust.
(6) The provisions of this subsection shall be implemented only to the extent permitted by federal law.
(c) Any prevention professional seeking certification as a certified violence prevention professional shall complete six months of full-time experience in community violence prevention, complete a training and certification program for certified violence prevention professionals, approved in accordance with subsection (d) of this section and maintain such certification, and annually complete at least six hours of continuing education.
(d) On or before passage, the Executive Office of Health and Human Services shall approve at least three training and certification programs for certified violence prevention professionals. Such programs shall be aligned with national best practices regarding violence prevention and intervention work including but not exclusive to outreach practices, tools to support long term behavior change and tools to address and manage trauma, including but not limited to cognitive behavioral interventions. Training should include at least thirty-five hours of initial training and at least six hours of continuing education every two years.
(1) Any entity that employs or contracts with a certified violence prevention professional to provide community violence prevention services shall:
(a) Maintain documentation that each certified violence prevention professional has met all of the conditions described in subsection (c) of this section; and
(b) Ensure that each certified violence prevention professional is providing community violence prevention services in compliance with any applicable standards of care, rules, regulations and governing law of the state or federal government.
(2) No person, unless certified as a violence prevention professional pursuant to this section, may use the title "certified violence prevention professional" or make use of any title, words, letters, abbreviations or insignia indicating or implying that he or she is a certified violence prevention professional.
(3) Nothing in this section shall alter the scope of practice for any health care professional.
SECTION 2. (a) As used in this section:
(1) "Community violence" means intentional acts of interpersonal violence committed in public areas by individuals who are not family members or intimate partners of the victim;
(2) "Hospital-based violence prevention and intervention services" are multidisciplinary programs that combine the efforts of medical staff with trusted community-based partners to provide safety planning, services, and trauma-informed care to violently injured people. Hospital-based violence prevention and intervention services means evidence- based and/or evidence-informed, trauma-informed, supportive and psychotherapeutic services provided by a prevention professional and/or a certified violence prevention professional in a hospital setting for the purpose of reducing the likelihood that individuals who are victims of community violence will be reinjured, commit, or promote violence themselves. "Hospital-based violence intervention and prevention services" may include, but are not limited to, crisis evaluation and stabilization, brief intervention in the hospital setting, including at the bedside, by a violence prevention professional who is certified or seeking certification as defined in subsection (c), safety planning, referral and transition to a community-based violence prevention and intervention services provider prior to leaving the hospital setting. Hospital-based violence intervention and prevention services may be delivered directly by hospital-employed staff or through partnership with community-based violence prevention and intervention service providers. Hospital-based violence intervention and prevention services must establish formal documented referral relationships with community-based violence prevention and intervention services to ensure longitudinal intervention in the community following the hospital encounter.
(3) "Interpersonal violence" means the intentional use of physical force or power against other persons by an individual or small group of individuals;
(4) "Prevention professional" has the same meaning as described by the National Uniform Claim Committee (NUCC), or its successor, under NUCC Code Number 405300000X; and
(5) "Certified violence prevention professional" means a prevention professional who meets all of the conditions specified in subsection (c) of Section 1.
(b) (1) On or before passage, the Secretary of the Executive Office of Health and Human Services shall amend Department of Public Health (DPH) hospital licensure regulations for Trauma Center Designation (105 CMR 130.850-.854) to include the requirement that hospitals provide access to hospital-based violence prevention and intervention services on premises to be designated and approved as a Level One Trauma Center by DPH. The regulatory requirement shall stipulate that the hospital-based violence prevention and intervention services operated by the Level One Trauma Center must include formal, documented referral partnership with community-based violence prevention and intervention services as defined in Section 1 (2) to ensure continuity of violence intervention and prevention outside of the hospital-based setting.
(c) (1) On or before passage, the Secretary of the Executive Office of Health and Human Services, shall amend the Medicaid state plan to make hospital-based violence prevention and intervention services available, to the extent permitted by federal law, to any Medicaid beneficiary who is receiving medical treatment for an injury sustained as a result of an act of community violence, is seen in a hospital based emergency department or admitted to acute hospital setting following an act of community violence, or presents for care at a hospital-based outpatient hospital clinic, and is determined upon evaluation by a qualified healthcare professional to be in need of hospital-based violence intervention and prevention services.
(7) Secretary of the Executive Office of Health and Human Services shall seek any federal approvals necessary to implement this section, including, but not limited to, state plan amendment by the federal Centers for Medicare and Medicaid Services. This subsection shall be implemented only to the extent that federal financial participation is available, and any necessary federal approvals have been obtained.
(8) The Secretary of the Executive Office of Health and Human Services shall utilize the Violence Prevention Federal Reinvestment Trust Fund to expand the purchase of hospital-based violence prevention and intervention services, as defined above.
(9) The Secretary of the Executive Office of Health and Human Services shall establish rates of payment for hospital-based violence prevention and intervention services and shall ensure that Managed Care Entities contracted to provide covered services to Medicaid beneficiaries reimburse for hospital-based violence prevention and intervention services at rates of payment no less than those established by the secretary.
(10) The Secretary of the Executive Office of Health and Human Services shall ensure that all funds appropriated for the purposes of funding hospital-based violence prevention and intervention services, including funds passed to Managed Care Entities, will be fully expended each year. The secretary shall provide a report accounting for the expenditure of funds for hospital-based violence prevention and intervention services to the legislature on or before [set date] of each year.
(11) The Secretary of the Executive Office of Health and Human services shall ensure that all federal matching reserves associated with expenditures on hospital-based violence intervention and prevention services are directed into the Violence Prevention Federal Reinvestment Trust.
(12) Massachusetts Medicaid will claim Federal Financial Participation on all annual expenditures from the Violence Prevention Federal Reinvestment Trust and will ensure that all federal revenues are directed into the Trust.
(13) The provisions of this subsection shall be implemented only to the extent permitted by federal law.
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An Act relative to accidental disability and Group 1 emotional distress | H12 | HD12 | 193 | {'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T15:04:14.403'} | [] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H12/DocumentHistoryActions | Bill | So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to accidental disability and Group 1 emotional distress. Public Service. | Paragraph (a) of subdivision (3) of section 7 of chapter 32 of the general laws, as appearing in the 2020 official edition, is hereby amended in line 182 by adding:
Members or beneficiaries filing for benefits under this section or section nine solely on the basis of an emotional disability, may use the official records of his department to establish proof of an injury sustained or a hazard undergone.
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An Act relative to medical marijuana fees | H120 | HD1648 | 193 | {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-18T16:25:55.623'} | [{'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-18T16:25:55.6233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H120/DocumentHistoryActions | Bill | By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 120) of Michael J. Soter relative to medical marijuana fees. Cannabis Policy. | Section 7 of chapter 94I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “neutral”, in line 6, the following words:- ; provided, that the commission shall waive all application and registration fees for a veteran, as defined in clause Forty-third of section 7 of chapter 4.
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An Act to support equal access to community care for elders and persons with disabilities | H1200 | HD753 | 193 | {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:11:46.183'} | [{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:11:46.1833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T13:56:37.3633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T10:02:46.8133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T08:59:59.2566667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:58:46.57'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-15T11:57:08.1466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T13:13:18.2266667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-17T09:48:53.9666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:43:29.92'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T10:53:13.4766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T11:42:05.9166667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T22:00:03.0133333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1200/DocumentHistoryActions | Bill | By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1200) of Natalie M. Higgins and others relative to Medicaid eligibility for certain elders and persons with disabilities. Health Care Financing. | Subsection (5) of section 25 of Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph, contained in lines 56 through 61, and inserting in place thereof the following paragraph:-
In any case where the monthly income of an applicant or recipient is in excess of the exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided, except if the individual is an applicant or recipient for home or community-based services pursuant to a waiver granted under 42 USC 1396a(10)(A)(ii)(VI) or a Program of All Inclusive Care for the Elderly (PACE), under 42 USC 1396u-4 or 42 USC 1395eee, the applicant or recipient shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income reduced by the difference between the applicable MassHealth deductible-income standard and 300 percent of the federal benefit rate; provided, however, this exception shall not apply to individuals eligible for the “special income eligibility group,” the requirements for which are established under 42 CFR 435.217 and pursuant to federal regulations at 42 CFR 435.726 and 42 CFR 460.184.
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An Act to promote transparency in prescription drug prices | H1201 | HD3326 | 193 | {'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:19:15.953'} | [{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:19:15.9533333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1201/DocumentHistoryActions | Bill | By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1201) of Kate Hogan relative to the pricing of prescription drugs. Health Care Financing. | SECTION 1. Section 1 of Chapter 6D of the General Laws is hereby amended by inserting after the definition of “Performance penalty” the following definition: -
“Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
SECTION 2. Section 8 of said chapter 6D, as so appearing, is further amended by inserting after the word “organization”, in lines 6 and 7, the following words:- , pharmaceutical manufacturing company.
SECTION 3. Said section 8 of said chapter 6D, as so appearing, is further amended by inserting after the word “organizations”, in line 14, the following words:- , pharmaceutical manufacturing companies.
SECTION 4. Said section 8 of said chapter 6D, as so appearing, is further amended by inserting after the word “commission”, in line 59, the first time it appears, the following words:- ; and (iii) in the case of pharmaceutical manufacturing companies, testimony concerning factors underlying prescription drug costs and price increases including, but not limited to, the initial prices of drugs coming to market and subsequent price increases, changes in industry profit levels, marketing expenses, reverse payment patent settlements, the availability of alternative drugs or treatments and any other matters as determined by the commission
SECTION 5. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The report shall be based on the commission’s analysis of information provided at the hearings by witnesses, providers, provider organizations, payers, and pharmaceutical manufacturing companies, registration data collected under section 11, data collected or analyzed by the center under sections 8, 9, 10, and 10A of chapter 12C and any other available information that the commission considers necessary to fulfill its duties under this section as defined in regulations promulgated by the commission.
SECTION 6. Section 9 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “organization”, in line 72, the following words:- , pharmaceutical manufacturing company.
SECTION 7. Said chapter 6D is further amended by inserting after section 19 the following new section:-
SECTION 20. Pharmaceutical Cost Transparency
(a) As used in this section, the following terms shall have the following meanings:-
Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
“Prescription drug”, as defined in 21 U.S.C. § 321.
(b)(1) The Health Policy Commission, in collaboration with the Center for Health Information and Analysis, shall identify annually up to 25 prescription drugs on which the State spends significant health care dollars and for which the wholesale acquisition cost has increased by 50 percent or more over the past five years or by 15 percent or more over the past 12 months, or is a new drug whose price may have a significant impact on the cost growth benchmark. When determining whether a drug price may have a significant impact on the cost growth benchmark, the commission shall consider both the volume of prescriptions issued in the commonwealth and single dose wholesale acquisition cost.
The drugs identified shall represent different drug classes.
(2) The Commission shall provide to the Office of the Attorney General the list of prescription drugs developed pursuant to this subsection and the percentage of the wholesale acquisition cost increase for each drug and shall make the information available to the public on the Commission’s website.
(c)(1) For each prescription drug identified pursuant to subsection (b) of this section, the commission shall require the drug’s pharmaceutical manufacturing company to provide a justification for the increase in the wholesale acquisition cost of the drug in a format that the commission determines to be understandable and appropriate. The pharmaceutical manufacturing company shall submit to the commission all relevant information and supporting documentation necessary to justify the manufacturer’s wholesale acquisition cost increase, which may include:
(A) all factors that have contributed to the wholesale acquisition cost increase;
(B) the percentage of the total wholesale acquisition cost increase attributable to each factor; and
(C) an explanation of the role of each factor in contributing to the wholesale acquisition cost increase.
(2) Nothing in this section shall be construed to restrict the legal ability of a pharmaceutical manufacturing company to changes prices to the extent permitted under federal law.
(d) The commission shall publish an Annual Prescription Drug Transparency Report on or before December 1 of each year based on the information received from pharmaceutical manufacturing companies pursuant to this section.
(e) In carrying out this section, the commission shall ensure the protection of confidential commercial information and trade secrets.
(f) The commission shall promulgate regulations to implement and enforce this section and may impose financial penalties on a pharmaceutical manufacturing company that fails to provide the information required by subsection (c) of this section in an amount not to exceed $10,000.00 per violation. Each unlawful failure to provide information shall constitute a separate violation.
SECTION 8. Said chapter 6D, as so appearing, is further amended by inserting after section 20 the following new section:-
SECTION 20A. Transparency in Patient Advocacy
The commission shall require a pharmaceutical manufacturing company to annually disclose payments and other transfers of value provided to a patient advocacy organization, consumer advocacy organization, voluntary health agency, or a coalition of such organizations, including a disease-specific advocacy organization. The commission shall issue an annual report identifying the payments or other transfers of value made by manufacturers to a patient advocacy organization, consumer advocacy organization, voluntary health agency, or a coalition of such organizations, including a disease-specific advocacy organization and analyzing the impact of such payments or transfers of value on health care public policy in the commonwealth.
SECTION 9. Said chapter 6D is further amended by inserting after section 20 the following new section:-
SECTION 21. Early Notice of High Cost Drugs
(a) As used in this section, the following terms have the following meanings:-
“Average Manufacturer Price”, as defined in section 1927(k)(1) of the Social Security Act (42 U.S.C. 1396r–8(k)(1)).
“Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
(b)(1) A pharmaceutical manufacturing company shall submit a report to the commission notifying the commission of each price increase of a prescription drug that will result in an increase in the average manufacturer price of that drug that is equal to 10 percent or more over a 12-month period, or the introduction of a new drug whose price may threaten the cost benchmark either due to anticipated volume of prescriptions filled in the commonwealth or the increase in the average manufacturer price for a single dose.
(2) Each report described in paragraph (1) shall be submitted to the commission not later than 30 days prior to the planned effective date of such price increase.
(c) A report under subsection (b) shall, at a minimum, include:
(1) With respect to the prescription drug—
(A) the percentage by which the pharmaceutical manufacturing company will raise the average manufacturer price of the drug on the planned effective date of such price increase;
(B) a justification for, and description of, each pharmaceutical manufacturing company’s price increase that occurred during the 12-month period described in subsection (b)(1);
(C) the identity of the initial developer of the drug;
(D) a description of the history of the pharmaceutical manufacturing company 's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the pharmaceutical manufacturing company acquired such approved application or license;
(E) the current list price of the drug;
(F) the total expenditures of the pharmaceutical manufacturing company on—
(i) materials and manufacturing for such drug; and
(ii) acquiring patents and licensing for such drug;
(G) the percentage of total expenditures of the pharmaceutical manufacturing company on research and development for such drug that was derived from Federal funds;
(H) the total expenditures of the pharmaceutical manufacturing company on research and development for such drug that is used for—
(i) basic and preclinical research;
(ii) clinical research;
(iii) new drug development;
(iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and
(v) carrying out post market requirements related to such drug, including those under section 505(o)(3) of such Act;
(I) the total revenue and the net profit generated from the prescription drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the pharmaceutical manufacturing company acquired such approved application or license; and
(J) the total costs associated with marketing and advertising for the prescription drug;
(2) With respect to the pharmaceutical manufacturing company:
(A) the total revenue and the net profit of the pharmaceutical manufacturing company for the 12-month period described in subsection (b)(1);
(B) the amount the pharmaceutical manufacturing company has spent on dividends and stock repurchases and the specific metrics used by the pharmaceutical manufacturing company to determine executive compensation, including any stock-based performance metrics, for the 12-month period described in subsection (b)(1); and
(C) the amount the pharmaceutical manufacturing company has provided in funding to consumer and disease advocacy groups for the 12-month period described in subsection (b)(1);
(D) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on—
(i) drug research and development; or
(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and
(3) such other related information as the commission considers appropriate.
(d) The commission shall promulgate regulations to implement and enforce this section and may impose financial penalties on a pharmaceutical manufacturing company that fails to provide the information required by subsection (c) of this section in an amount not to exceed $10,000.00 per violation. Each unlawful failure to provide information shall constitute a separate violation.
(e)(1) Not later than 30 days after the submission of a report under subsection (b), the commission shall post the report on the public website of the commission.
(2) In carrying out this section, the commission shall ensure the protection of confidential commercial information and trade secrets.
SECTION 10. Section 1 of chapter 12C of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Patient-centered medical home” the following definition:-
“Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
SECTION 11. Section 3 of said chapter 12C, as so appearing, is hereby amended by inserting after the word “organizations”, in lines 13 and 14, the following words:- , pharmaceutical manufacturing companies.
SECTION 12. Said section 3 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 24, the words “and payer” and inserting in place thereof the following words:- , payer, and pharmaceutical manufacturing company.
SECTION 13. Section 5 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 15, the words “and affected payers” and inserting in place thereof the following words:- affected payers, and affected pharmaceutical manufacturing companies.
SECTION 14 Said chapter 12C is hereby further amended by inserting after section 10
the following new section:-
Section 10A. (a) The center shall promulgate regulations necessary to ensure the uniform reporting of information from pharmaceutical manufacturing companies that enables the center to analyze: (i) year-over-year changes in wholesale acquisition cost and average manufacturer price for prescription drug products; (ii) year-over-year trends in net expenditures; (iii) net expenditures on subsets of biosimilar, brand name and generic drugs identified by the center; (iv) trends in estimated aggregated drug rebates, discounts or other remuneration paid or provided by a pharmaceutical manufacturing company to a pharmacy benefit manager, wholesaler, distributor, health carrier client, health plan sponsor or pharmacy in connection with utilization of the pharmaceutical drug products offered by the pharmaceutical manufacturing company; (v) discounts provided by a pharmaceutical manufacturing company to a consumer in connection with utilization of the pharmaceutical drug products offered by the pharmaceutical manufacturing company, including any discount, rebate, product voucher, coupon or other reduction in a consumer’s out-of-pocket expenses including co-payments and deductibles under section 3 of chapter 175H; (vi) research and development costs as a percentage of revenue; (vii) annual marketing and advertising costs, identifying costs for direct-to-consumer advertising; (viii) annual profits over the most recent 5-year period; (ix) cost disparities between prices charged to purchasers in the commonwealth and purchasers outside of the United States; and (x) any other information deemed necessary by the center.
The center shall require the submission of available data and other information from pharmaceutical manufacturing companies including, but not limited to: (i) changes in wholesale acquisition costs and average manufacturer prices for prescription drug products as identified by the center; (ii) aggregate, company-level research and development costs to the extent attributable to a specific product and other relevant capital expenditures for the most recent year for which final audited data are available for prescription drug products as identified by the center; (iii) annual marketing and advertising expenditures; and (iv) a description, suitable for public release, of factors that contributed to reported changes in wholesale acquisition costs and average manufacturer prices for prescription drug products as identified by the center.
(b) Except as specifically provided otherwise by the center or under this chapter, data collected by the center pursuant to this section from pharmaceutical manufacturing companies shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66.
SECTION 15. Said chapter 12C is hereby further amended by striking out section 11, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:-
Section 11. The center shall ensure the timely reporting of information required under sections 8, 9, 10 and 10A. The center shall notify payers, providers, provider organizations, and pharmaceutical manufacturing companies of any applicable reporting deadlines. The center shall notify, in writing, a private health care payer, provider, provider organization, or pharmaceutical manufacturing company that it has failed to meet a reporting deadline and that failure to respond within 2 weeks of the receipt of the notice may result in penalties. The center may assess a penalty against a private health care payer, provider, provider organization, or pharmaceutical manufacturing company that fails, without just cause, to provide the requested information within 2 weeks following receipt of the written notice required under this section of not more than $1,000 per week for each week of delay after the 2-week period following receipt of the written notice. Amounts collected under this section shall be deposited in the Healthcare Payment Reform Fund established in section 100 of chapter 194 of the acts of 2011.
SECTION 16. Section 12 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 2, the words “and 10” and inserting in place thereof the following words:- ,
10 and 10A.
SECTION 17. Subsection (a) of section 16 of said chapter 12C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
The center shall publish an annual report based on the information submitted under: (i)
sections 8, 9, 10 and 10A concerning health care provider, provider organization, private and public health care payer, and pharmaceutical manufacturing company costs, and cost and price trends; (ii) section 13 of chapter 6D relative to market power reviews; and (iii) section 15 of said chapter 6D relative to quality data.
SECTION 18. The General Laws are hereby amended by inserting after chapter 63B the following new chapter: -
Chapter 63D. Penalty on drug manufacturers for excessive price increases
Section 1. As used in this section, the following terms shall have the following meanings:- “Commissioner”, the commissioner of revenue.
“Consumer price index”, the consumer price index for all urban consumers for Boston, as most recently reported by the federal Bureau of Labor Statistics.
“Drug”, any medication, as identified by a National Drug Code, approved for sale by the U.S. Food and Drug Administration.
“Excessive price,” the price of a drug if it exceeds the sum of (a) the reference price of that drug, as adjusted for any increase or decrease in the consumer price index since the reference price was determined, and (b) an additional two percent of the reference price for each twelve-month period that has elapsed since the date on which the reference price was determined. The two percent increment provided in (b) of the preceding sentence shall compound annually on the first day of the first calendar quarter commencing after the end of each 12-month period described therein.
“Excessive price increase”, the amount by which the price of a drug exceeds the sum of (a) the reference price of that drug, as adjusted for any increase or decrease in the consumer price index since the reference price was determined, and (b) an additional two percent of the reference price for each twelve-month period that has elapsed since the date on which the reference price was determined. The two percent increment provided in (b) shall compound annually on the first day of the first calendar quarter commencing after the end of each twelve-month period described therein.
“Person”, any natural person or legal entity.
“Price”, the wholesale acquisition cost of a drug, per unit, as reported to the First Data Bank or other applicable price compendium designated by the commissioner.
“Reference price”, the price of a drug as of October 1, 2019, or in the case of any drug first commercially marketed in the United States after October 1, 2019, the price of the drug on the date when first marketed.
“Related party”, an entity is a related party with respect to a person if that entity belongs to the same affiliated group as that person under section 1504 of the Internal Revenue Code, as amended and in effect for the taxable year, or if the entity and the person are otherwise under common ownership and control.
“Unit”, the lowest dispensable amount of a drug.
Section 2. (a) Any person who manufactures and sells drugs, directly or through another person, for distribution in the commonwealth and who establishes an excessive price for any such drug directly or in cooperation with a related party, shall pay a per unit penalty on all units of the drug ultimately dispensed or administered in the commonwealth. The penalty for each unit shall be 80 percent of the excessive price increase for each unit, determined at the beginning of the calendar quarter.
(b) A person who establishes an excessive price for a drug as described in subsection (a) shall file a return as provided in section 4 declaring all units of excessively priced drug sold for distribution in the commonwealth during the quarter. In the event that a person filing such a return pays a penalty with regard to one or more units of drug that are ultimately dispensed or administered outside of the commonwealth, the person may claim a credit for such penalty amounts on the return for the tax period during which such units are ultimately dispensed or administered.
Section 3. The penalty under section 2 shall apply for any calendar quarter only to a person who maintains a place of business in the commonwealth or whose total sales of all products, directly or through another person, for distribution in the commonwealth were more than $100,000 in the prior twelve-month period. The penalty shall not apply more than once to any unit of drug sold.
Section 4. Any person subject to the penalty under section 2 shall file a return with the commissioner and shall pay the penalty by the fifteenth day of the third month following the end of each calendar quarter, subject to such reasonable extensions of time for filing as the commissioner may allow. The return shall set out the person’s total sales subject to penalty in the immediately preceding calendar quarter and shall provide such other information as the commissioner may require.
Section 5. The penalty imposed under this chapter shall be in addition to, and not a substitute for or credit against, any other penalty, tax or excise imposed under the General Laws.
Section 6. The commissioner may disclose information contained in returns filed under this chapter to the department of public health for purposes of verifying that a filer’s sales subject to penalty are properly declared and that all reporting is otherwise correct. Return information so disclosed shall remain confidential and shall not be public record.
Section 7. To the extent that a person subject to penalty under section 2 fails to pay amounts due under this chapter, a related party of such person that directly or indirectly distributes in the commonwealth any drug whose sales are subject to this chapter shall be jointly and severally liable for the penalty due.
Section 8. The commissioner may promulgate regulations or issue other guidance for the implementation of this chapter.
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An Act to preserve special needs trusts for disabled seniors | H1202 | HD3327 | 193 | {'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:06:55.49'} | [{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:06:55.49'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-27T15:50:45.8333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T11:24:42.26'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T11:24:42.26'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-02-14T11:24:42.26'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-14T11:24:42.26'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T16:01:02.5'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-21T14:57:30.49'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-21T14:57:30.49'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-06-21T14:57:30.5066667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-06-21T14:57:30.49'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1202/DocumentHistoryActions | Bill | By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1202) of Kate Hogan and others relative to the disposal of resources for determining eligibility for Medicaid. Health Care Financing. | Section 28 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
The division shall consider a transfer of assets by an individual age 65 or older or a transfer made for the sole benefit of an individual age 65 or older into a trust pursuant to 42 U.S.C. 1396p(d)(4)(C), established for the sole benefit of said individual, to be a disposal of resources for fair market value, to the extent that such resources shall be available, under any circumstances, to be used by the trustee to provide goods and services to the individual, or to reimburse such costs, at fair market value.
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An Act to improve health care cost accountability | H1203 | HD1929 | 193 | {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:04:13.043'} | [{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:04:13.0433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:14:29.4233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1203/DocumentHistoryActions | Bill | By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1203) of Kevin G. Honan and Vanna Howard for legislation to improve health care cost accountability. Health Care Financing. | SECTION 1. Section 1 of Chapter 224 6D of the Acts of 2012 is amended by adding the following
“Weighted Average Payer Rate” or “WAPR”, a measure by which a sum of the inpatient revenue per discharge and outpatient revenue per visit is separately calculated for Commercial, Medicare, and Medicaid. A weighted average of the three resulting values is derived, with the Net Patient Service Revenue - based payer mix of the three payers serving as weights.
SECTION 2. Section 8(a) of Chapter 224 6D of the Acts of 2012 is amended by striking out Section 8(a) and adding the following
(a) Not later than October 1 of every year, the commission shall hold public hearings based on the report submitted by the center for health information and analysis under section 16 of chapter 12C comparing the growth in total health care expenditures to the health care growth benchmark for the previous calendar year. The hearings shall examine health care provider, provider organization, and private and public health care payer costs, prices, weighted average payer rates, and cost trends, with particular attention to factors that contribute to cost growth within the commonwealth’s health care system.
SECTION 3. Section 8(e) of Chapter 224 6D of the Acts of 2012 is amended by striking out Section 8(e)(i) and adding the following
(i) in the case of providers and provider organizations, testimony concerning payment systems, care delivery models, payer mix, cost structures, administrative and labor costs, capital and technology cost, adequacy of public payer reimbursement levels, reserve levels, utilization trends, relative price, weighted average payer rate, quality improvement and care-coordination strategies, investments in health information technology, the relation of private payer reimbursement levels to public payer reimbursements for similar services, efforts to improve the efficiency of the delivery system, efforts to reduce the inappropriate or duplicative use of technology and the impact of price transparency on prices
SECTION 4. Section 13(d) of Chapter 224 6D of the Acts of 2012 is amended by striking out Section 10(d)(v) and adding the following
(v) provider cost and cost trends including the weighted average payer rate in comparison to total health care expenditures statewide
SECTION 5. Section 13(d) of Chapter 224 6D of the Acts of 2012 is amended by striking out Section 13(d)(xii) and adding the following
(xii) the weighted average payer rate paid to each acute hospital and physician organization; (xiii) any other factors that the commission determines to be in the public interest.
SECTION 6. Section 1 of Chapter 224 12C of the Acts of 2012 is amended by inserting the following
“Weighted Average Payer Rate” or “WAPR”, a measure by which a sum of the inpatient revenue per discharge and outpatient revenue per visit is separately calculated for Commercial, Medicare, and Medicaid. A weighted average of the three resulting values is derived, with the Net Patient Service Revenue- based payer mix of the three payers serving as weights.
SECTION 7. Section 10(b) of Chapter 224 12C of the Acts of 2012 is amended by inserting following section
(12) the weighted average payer rate paid to each acute care hospital and physician organization
SECTION 8. Section 16(a) of Chapter 224 12C of the Acts of 2012 is amended by adding the following after the words “patient centered medical homes.”
(6) the weighted average payer rate paid to each acute care hospital, and physician organization, respectively
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An Act relative to establishing a health safety net task force | H1204 | HD681 | 193 | {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:13:00.903'} | [{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-16T17:13:00.9033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1204/DocumentHistoryActions | Bill | By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1204) of Steven S. Howitt for legislation to establish a health safety net task force (including members of the General Court) to study reimbursement for dental care and healthcare provided by hospitals and accredited teaching institutions to MassHealth members. Health Care Financing. | Section 66 of Chapter 118E of the general laws, as so appearing, is here by amended by inserting in place the following new section:
“Section XX. Notwithstanding any general or special law to the contrary, there shall be a special task force to review and report on the Health Safety Net and the financial impact of the reimbursement for basic and restorative dental care and general healthcare provided by Massachusetts hospitals and accredited teaching institutions, including dental schools, to MassHealth members. The task force shall consist of 14 members: the house and senate chairs of the joint committees on health care financing or their designees, who shall serve as the co-chairs of the task force; a member of the general court appointed by the senate minority leader; a member of the general court appointed by the house minority leader; the Commissioner of the Massachusetts Department of Public Health, or a designee; the president of the Massachusetts Health and Hospital Association, the deans of Boston University School of Medicine and Boston University Dental School; the deans of Tufts Medical School and Tufts Dental School; the deans of Harvard Medical School and Harvard Dental School and 2 persons to be appointed by the secretary of the Executive Office of Health and Human Services.
This task force shall: (i) identify and review all current state laws, regulations, and administrative directives that relate to health care reimbursement; (ii) identify financial and procedural steps that would best allow payment to Boston’s teaching facilities through MassHealth; (iii) submit recommendations to establish legislative procedures that provide funding, regulate, and grant reimbursement power to MassHealth for care from accredited Massachusetts hospitals and teaching facilities.
The task force shall submit a report, including any draft legislation and regulations, to the clerks of the house and representatives and the senate within 12 months of the passage of this act.
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An Act relative to prescription drug price transparency | H1205 | HD1738 | 193 | {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:55:54.983'} | [{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:55:54.9833333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:49:54.9533333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:44:11.69'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:21:53.8033333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:37:00.4633333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:29:47.23'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:41:35.7366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1205/DocumentHistoryActions | Bill | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1205) of Bradley H. Jones, Jr., and others that the Health Policy Commission and health insurers create listings of certain high cost prescription drugs and that the Attorney General require drug manufacturers to provide information to justify increases in costs. Health Care Financing. | SECTION 1. Chapter 6D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 19 the following new section:-
Section 20. (a)(1) The commission, in consultation with the center, shall create annually a list of 10 drugs on which the commonwealth’s MassHealth program spends significant healthcare dollars and for which the wholesale acquisition cost has increased by 50 percent or more over the past five years or by 15 percent or more during the previous calendar year, or both. The list shall include at least one generic and one brand name drug and shall indicate each of the drugs on the list that the commission considers specialty tier drugs.
(2) Each carrier with more than 5,000 covered lives in the commonwealth for major medical health insurance shall create annually a list of 10 prescription drugs on which its health insurance plans spend significant amounts of their premium dollars and for which the cost to the plans, net of rebates and other price concessions, has increased by 50 percent or more over the past five years or by 15 percent or more during the previous calendar year, or both. The list shall include at least one generic and one brand name drug and shall indicate each of the drugs on the list that the insurer considers specialty tier drugs.
(3) The commission and payers shall provide to the office of the attorney general the lists of prescription drugs developed pursuant to this section annually on or before June 1. Each carrier shall provide the office of the attorney general the percentage by which the net cost to its plans increased over the applicable period or periods for each drug on the list, as well as the carrier’s total expenditure, net of rebates and other price concessions, for each drug on the list during the most recent calendar year.
(b) Of the prescription drugs listed by the commission and the carriers pursuant to subsection (a) of this section, the office of the attorney general shall identify up to 15 drugs, of those appearing on more than one payer’s list, on which the greatest amount of money was spent across all payers during the previous calendar year.
(1) For the 15 drugs identified by the office of the attorney general pursuant to subsection (b) of this section, the office of the attorney general shall require the manufacturer of each such drug to provide all relevant information and supporting documentation necessary to justify the increase in the net cost of the drug.
(2) The attorney general shall provide a report to the legislature on or before December 1 of each year based on the information received from manufacturers pursuant to this section.
(c) The commission shall promulgate all regulations necessary to implement this section, including, but not limited to, establishing penalties for noncompliance with the requirements set forth in this section.
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An Act establishing a commission to review contracts between pharmaceutical benefit managers and MassHealth | H1206 | HD1749 | 193 | {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:15:34.867'} | [{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:15:34.8666667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:45:07.3933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:47:13.1566667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:33:23.5066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:41:22.57'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:53.84'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1206/DocumentHistoryActions | Bill | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1206) of Bradley H. Jones, Jr., and others for an investigation by a special commission (including members of the General Court) relative to contracts between the MassHealth program and pharmaceutical benefit managers. Health Care Financing. | SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission established to assess contracts between the MassHealth program and pharmaceutical benefit managers. The commission shall be tasked with, but not be limited to, evaluating the possible transition of MassHealth from its existing drug purchasing contract model with pharmaceutical benefit managers to a pass-through model.
The commission shall consist of 10 members: the state auditor, or a designee; the secretary of health and human services, or a designee; the director of MassHealth, or a designee; the director of insurance, or a designee; the speaker of the house of representatives, or a designee; the senate president, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the house, or a designee; one member who shall advocate on behalf of pharmaceutical benefit managers, to be appointed by the governor; and one member who shall advocate on behalf of pharmacies, to be appointed by the governor.
The commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and the senate within 1 year of the passage of this act.
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An Act prohibiting surprise outside billing | H1207 | HD1750 | 193 | {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:16:05.443'} | [{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:16:05.4433333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:44:46.51'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:47:32.7966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:41:10.8866667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:00.1566667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:53:36.87'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1207/DocumentHistoryActions | Bill | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1207) of Bradley H. Jones, Jr., and others for legislation to establish a special commission (including members of the General Court) to consider and evaluate the efficacy of policies that require hospitals and other health care providers to sell bundled packages of services that include fees for all relevant physicians. Health Care Financing. | SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a commission to study and provide recommendations to address and prevent surprise outside billing.
SECTION 2. The commission shall consist of the house and senate chairs of the joint committee on health care financing, who shall serve as the co-chairs; one member to be appointed by the speaker of the house of representatives; one member to be appointed by the president of the senate; one member to be appointed by the house minority leader; one member to be appointed by the senate minority leader; the director of the health policy commission or a designee; the commissioner of the department of public health or a designee; and the executive director of the center for health information and analysis or a designee.
SECTION 3. The commission shall consider and evaluate the efficacy of policies that require hospitals and other health care providers to sell bundled packages of services that include fees for all relevant physicians, including but not limited to anesthesiologists, pathologists, and radiologists, with the intention of limiting and preventing surprise outside billing. The commission shall take into consideration similar laws put in place by other states. The commission shall develop recommendations including but not limited to prohibiting surprise outside billing, requiring insurance carriers to hold members harmless, and applying regulations across all providers, including health maintenance organizations and preferred provider organizations.
SECTION 4. The commission shall submit its report and findings, along with any recommendations and drafted legislation, to the house and senate committees on ways and means, the joint committee on health care financing, and the clerks of the house of representatives and senate within 12 months of the passage of this act.
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An Act establishing a state-wide drug repository program | H1208 | HD1973 | 193 | {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:54:21.347'} | [{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:54:21.3466667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:18:47.51'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:51:15.02'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:04:05.1166667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:00:40.91'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:47:39.5866667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-06-02T08:55:54.2966667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1208/DocumentHistoryActions | Bill | By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1208) of Bradley H. Jones, Jr., and others for legislation to establish a state-wide drug repository program. Health Care Financing. | SECTION 1. For the purposes of this section the below terms shall be defined as follows:
“Controlled substance” means a drug, substance, or immediate precursor in Schedules I through V of 21 CFR Part 1308.
“Donor” shall mean any person, including an individual member of the public, or any entity legally authorized to possess medicine, including but not limited to a wholesaler or distributor, third party logistic providers, pharmacy, dispenser, clinic, surgical or health center, detention and rehabilitation centers, jails, prisons, laboratory, medical or pharmacy school, prescriber or other health care professional, long-term care facility or healthcare facility. Donor shall also mean government agencies and entities that are federally authorized to possess medicine including but not limited to drug manufacturers, repackagers, relabelers, outsourcing facilities, Veteran Affairs hospitals, FDA authorized importers such as those under Federal FD&C Section 801, 804, or similar provisions, and prisons.
“Recipient” means any entity legally authorized to possess medicine with a license or permit in good standing in the state in which it is located, including but not limited to a wholesaler or distributor, reverse distributor, repackager, hospital, pharmacy, clinic, or prescriber office.
“Eligible patient” means an individual who is indigent, uninsured, underinsured, or enrolled in a public health benefits program. Other patients shall be considered eligible if a need for the donated medicine is not identified among indigent, uninsured, underinsured, or public health benefits program enrolled individuals.
"Orally administered cancer medicine" means either of the following:
a) An orally administered medicine that is used to treat cancer or its side effects; or
b) An orally administered medicine that is used to treat the side effects of a medicine used to treat cancer.
"Unopened tamper-evident packaging” shall have the same meaning as United States Pharmacopeia (USP) General Chapter 659, Packaging and Storage Requirements including but not limited to unopened unit-dose, multiple-dose, immediate, secondary, and tertiary packaging.
“Medicine” means both prescription and non-prescription (“over-the-counter”) drugs including FDA-approved drugs labeled for investigational use. It also includes prescription and non-prescription supplies and medical devices.
“Health care professional” means a person who is licensed to practice as a physician, registered nurse, licensed practical nurse, optometrist, pharmacist, or any other practitioner authorized to dispense or administer.
“Returns processor” shall have the same meaning as 21 U.S.C. Section 360eee(18) and shall include but is not limited to a reverse distributor.
SECTION 2. Notwithstanding any general or special law to the contrary, donors may donate medicine to a recipient. A recipient may receive donated medicine from donors. Prior to the first donation from a new donor, a recipient must verify and record the following:
a) The donor meets the definition provided in paragraph (1)(b);
b) The donor’s name, address, phone number, and license number if applicable;
c) The donor will only make donations of medicine in accordance with paragraph (5);
d) If applicable, the donor will remove or redact any patient names and prescription numbers on donated medicine or otherwise maintain patient confidentiality by executing a confidentiality agreement with the authorized recipient.
e) No other record prior to the first donation other than described in subsection (a) of this section shall be required.
SECTION 3. Under this section, a recipient may: (1) transfer donated medicine to another recipient or to an entity participating in a drug donation program operated by another state; (2) repackage donated medicine as necessary for storage, dispensing, administration, or transfers in accordance with section 9 of this act; and (3) replenish medicine of the same drug name and strength previously dispensed or administered to eligible patients in accordance with federal 340b statute.
SECTION 4. A drug manufacturer, repackager, dispenser, or wholesaler other than a returns processor participating in this program shall comply with the requirements of 21 U.S.C. Sections 360eee-1 through 360eee-4 relating to drug supply chain security.
SECTION 5. A recipient may only accept into inventory donated medicine that:
a) is in unopened, tamper-evident packaging; has been repackaged under this program; or is orally administeSred cancer medicine in opened packaging;
b) is not adulterated or misbranded;
c) is not a controlled substance;
d) has been maintained in accordance with the federal Food and Drug Administration risk evaluation and mitigation strategy pursuant to 21 U.S.C. Section 355-1 if applicable; and
e) has a USP-recognized method to detect improper temperature variations if the medicine requires temperature control other than “room temperature storage”
No other medicine shall be eligible for donation.
SECTION 6. Donated medicine that does not meet the requirements of section 5 must be disposed by returning it to the medicine donor, destroying it by an incinerator, medical waste hauler, or other lawful method, or transferring it to a returns processor. A record of disposed medicine shall consist of the disposal method as described above, the date of disposal, and the name, strength, and quantity of each drug disposed. No other record of disposal shall be required.
SECTION 7. All medicine received but not yet accepted into inventory shall be kept in a separate designated area. Prior to or upon accepting a donation or transfer into inventory, a recipient shall maintain a written or electronic inventory of the donation, consisting of the name, strength, and quantity of each accepted drug, and the name, address and phone number of the donor. This record shall not be required if the two parties are under common ownership or common control. No other record of donation shall be required.
SECTION 8. A recipient must store and maintain donated medicine physically or electronically separated from other inventory and in a secure and temperature-controlled environment that meets the drug manufacturers’ recommendations and United States Pharmacopeial Convention (USP) standards.
SECTION 9. Repackaged medicine shall be labeled with the drug name, strength, and expiration date, and shall be kept in a separate designated area until inspected and initialed by a health care professional. If multiple packaged donated medicines with varied expiration dates are repackaged together, the shortest expiration date shall be used.
SECTION 10. A recipient may only administer or dispense medicine that:
a) meet the requirements of section 5 based on inspection by a healthcare professional;
b) are, if dispensed to a patient, repackaged into a new container or have all previous patient information on the donated container redacted or removed;
c) are properly labeled in accordance with the regulations of the Board of Pharmacy; and
d) have an expiration or beyond use date brought forward from the donated medicine that will not expire before the use by the patient based on the prescribing practitioner's directions for use or, for over-the-counter medicine, on the package’s label.
SECTION 11. A recipient may dispense or administer prescription drugs to an eligible patient only if otherwise permitted by law. Prescription drugs may only be dispensed or administered to eligible patients pursuant to a valid prescription drug order and shall have patient-specific written or electronic records maintained in accordance with the regulations of the Board of Pharmacy.
SECTION 12. When the prescribed drug does not use a unique delivery system technology, a recipient may substitute an oral tablet, capsule or liquid form of the prescribed drug as long as the form dispensed has the same dose schedule and is therapeutically equivalent to the drug prescribed.
SECTION 13. The donation, transfer, receipt or facilitation of donations, transfers, and receipt of medicine pursuant to this article shall not be considered wholesale distribution and shall not require licensing as a wholesale distributor.
SECTION 14. Medicine donated to the program shall not be resold and shall be considered nonsaleable; provided, however, that handling, dispensing, or usual and customary charges to an eligible patient, health plan, pharmacy benefit manager, pharmacy services administrative organization, government agency, or other entity shall not be considered reselling. If the authorized recipient is for-profit, these charges shall not exceed the authorized recipient’s cost of providing that medicine including but not limited to the current and anticipated costs of educating eligible donors, providing technical support to participating donors, shipping and handling, labor, storage, licensing, utilities, advertising, technology, supplies and equipment. The amount of these charges shall not have any additional limitations except as described above.
SECTION 15. When performing any action associated with this program or otherwise processing donated medicine for tax, manufacturer, or other credit, a recipient is considered to be acting as a returns processor and shall comply with all recordkeeping requirements for nonsaleable returns under federal law.
SECTION 16. All records required by this Chapter shall be retained in physical or electronic format, on or off the recipient’s premise for a period of six years. A donor or authorized recipient may contract with one another or a third-party to create and/or maintain records on each other’s behalf. An identifier, such as a serial number or barcode, may be used in place of any or all information required by a record or label pursuant to this Chapter if it allows for such information to be readily retrievable. Upon request by a state or federal regulator the identifier used for requested records shall be replaced with the original information. An identifier shall not be used on patient labels when dispensing or administering a drug.
SECTION 17. A donation, or other transfer of possession or control, shall not be construed as a change of ownership unless it is specified as such by the authorized recipient. If a record of the donation’s transaction information or history is required, the history shall begin with the donor of the medicine, shall include all prior donations, and, if the medicine was previously dispensed, shall only include drug information required to be on the patient label in accordance with the Board of Pharmacy rules and regulations.
SECTION 18. An entity participating in a drug donation or repository program operated by another state may participate in this program, and in the case of a pharmacy, may dispense donated drugs to residents of this state. This entity is required to comply with all laws and rules in this state unless such laws or rules differ or conflict with the laws or rules of the state in which the entity is located.
SECTION 19. A health care professional may substitute a prescribed drug for:
a) A drug that is in stock and which is a therapeutically equivalent drug; or
b) A biological product with an interchangeable biological product.
Substitutions under this section may include but are not limited to:
a) splitting a combination drug into two or more drugs;
b) combining two or more drugs into a combination drug; and
c) a different form of the prescribed drug, including but not limited to oral tablet, capsule,
If an eligible recipient dispenses or administers a substitute for a donated drug, communication of such substitution to the patient and the provider shall be required unless the repository program substitution policy is readily available on the program's website.
SECTION 20. When acting in good faith, the following shall not be subject to civil or criminal liability or professional disciplinary action:
a) a person or entity involved in the supply chain of donated medicine including the donor, recipient, a manufacturer, repackager, wholesaler, and pharmacy; and
b) a person or entity, including all employees, officers, volunteers, owners, partners, members, directors, contractors, and other persons or entities associated with the person or entity, that in compliance with this section prescribes, donates, receives, dispenses, administers, transfers, replenishes, or repackages medicine, or facilitates any of the above.
c) The Board of Registration in Pharmacy.
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An Act relative to the operating budgets of health care oversight agencies | H1209 | HD1679 | 193 | {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T11:55:51.6'} | [{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T11:55:51.6'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1209/DocumentHistoryActions | Bill | By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1209) of Hannah Kane relative to the operating budgets of health care oversight agencies. Health Care Financing. | SECTION 1. Section 6 of chapter 6D of the General Laws is hereby amended by adding at the end thereof the following paragraph:-
The assessed amount for hospitals and ambulatory surgical centers, and surcharge payors, shall not increase from the previous year at a rate greater than the health care cost growth benchmark approved by the commission pursuant to Section 9 of this chapter for the same year.
SECTION 2. Section 7 of chapter 12C of the General Laws is hereby amended by adding at the end thereof the following paragraph:-
The assessed amount for hospitals and ambulatory surgical centers, and surcharge payors, shall not increase from the previous year at a rate greater than the health care cost growth benchmark approved by the health policy commission pursuant to Section 9 of chapter 6D for the same year.
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An Act adding retail drive-up curbside pickup for marijuana establishments | H121 | HD2723 | 193 | {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-19T15:54:43.533'} | [{'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-19T15:54:43.5333333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:46:34.9233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H121/DocumentHistoryActions | Bill | By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 121) of Michael J. Soter and Joseph D. McKenna for legislation to authorize retail drive-up curbside pickup for the sale of medical and recreational marijuana. Cannabis Policy. | Section 12 of Chapter 94G of the Massachusetts General Laws is hereby amended by adding a new subsection - :
(i) A marijuana establishment may create retail drive-up curbside pickup for the sale of medical and recreational marijuana, including but not limited to both external and internal curbside pickup. The establishment must seek approval from the town or city where the establishment is located. The establishment’s drive-up curbside pickup must be in compliance with all town or city ordinances regulating drive-up curbside pickup.
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An Act promoting workforce development and provider retention at community health centers | H1210 | HD2724 | 193 | {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-09T17:44:05.507'} | [{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-09T17:44:05.5066667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-31T16:41:35.1333333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-27T13:49:00.3333333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T09:27:01.6966667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:35:39.6'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T15:46:29.6566667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-24T17:17:54.59'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T09:36:48.76'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T10:34:01.9566667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-28T16:23:42.0666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T17:45:54.06'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T12:16:38.6966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:29:07.03'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T18:55:18.4033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:20:02.04'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:18:15.01'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:50:27.1633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:18:56.5733333'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:42:38.5733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:22:52.4833333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:12:25.5333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:16:10.3966667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-01T09:14:43.6266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:29:43.02'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T13:02:47.5666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T10:44:28.2566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1210/DocumentHistoryActions | Bill | By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 1210) of Mary S. Keefe and others for legislation to establish a community health center nurse practitioner residency program for the purposes of recruiting and retaining nurse practitioners at community health centers. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 80. The division shall establish a community health center nurse practitioner residency program for the purposes of recruiting and retaining nurse practitioners at community health centers in order to increase access to high-quality community-based primary, preventative and integrated care.
These programs shall:
(i) Provide a 24-month post-graduate residency program, administered by community health centers, defined as community health centers receiving a grant under 42 USC 254b, for certified nurse practitioners who have graduated from an accredited school of nursing within the past three years;
(ii) Provide nurse practitioners in the program with patient panels under the supervision and mentorship of a physician or other advanced practice registered nurse at a community health center; and
(iii) Require nurse practitioners that participate in the 24-month residency program enter into a contract with the community health center for at least eighteen months of employment.
Nothing in this section shall be interpreted to conflict with, replace, or supersede any licensure requirements or standards for the advanced nursing practice established pursuant to chapters 94C or 112.
SECTION 2. The division shall make expenditures of no less than $2,500,000 annually to this program and shall seek federal Medicaid reimbursement for this program as graduate medical education.
SECTION 3. The division shall promulgate regulations to implement said program, including program details and grant guidelines as necessary, no later than six months after the passage of this act.
| null | [] | [] | [] | [] |
An Act relative to nurse licensure compact in Massachusetts | H1211 | HD1016 | 193 | {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T18:09:00.64'} | [{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-16T18:09:00.64'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-09-22T11:48:31.4566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1211/DocumentHistoryActions | Bill | By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1211) of Kay Khan relative to participation in the national nurse licensure compact agreement. Health Care Financing. | SECTION 1. Subsection (c) of section 14 of chapter 13 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 14, after the word “twelve,”, the following words:- "and chapter 112A".
SECTION 2. Section 79 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following two sentences:-
"The board may assess a licensed nurse a penalty of not more than $2,000 for each violation of regulations promulgated pursuant to this section and for each violation of any general law that governs the practice of nursing. The board, through regulation, shall ensure that any fine levied is commensurate with the severity of the violation."
SECTION 3. The General Laws are hereby amended by inserting after chapter 112 the following chapter:-
Chapter 112A. Nurse Licensure Compact
Section 1.
As used in this chapter, the following words shall have the following meanings:
“Adverse action”, any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.
“Alternative program”, a non-disciplinary monitoring program approved by a licensing board.
“Compact” or “Nurse Licensure Compact”, the legally binding agreement between party states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance with this chapter.
“Coordinated licensure information system”, an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
“Current significant investigative information”, (i) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction or (ii) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
“Encumbrance”, a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
“Home state”, the party state which is the nurse’s primary state of residence.
“Interstate commission”, the Interstate Commission of Nurse Licensure Compact Administrators as established in section 6 of this chapter.
“Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.
“Multistate license”, a license to practice as a registered nurse or a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
“Multistate licensure privilege”, a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse or as a licensed practical or vocational nurse in a remote state.
“Nurse”, registered nurse or a licensed practical or vocational nurse, as those terms are defined by each party state’s practice laws.
“Party state”, the commonwealth and any other state that has adopted this compact.
“Remote state”, a party state other than the home state.
“Single-state license”, a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
“State”, a state, territory or possession of the United States and the District of Columbia.
“State practice laws”, a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and establish the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
Section 2.
(a) A multistate license to practice as a nurse issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical or vocational nurse, under a multistate licensure privilege, in each party state.
(b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(1) Meets the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;
(2) (i) Has graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (ii) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that (A) has been approved by the authorized accrediting body in the applicable country and (B) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;
(3) Has, if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
(4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;
(5) Is eligible for or holds an active, unencumbered license;
(6) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
(7) Has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
(8) Has not been convicted or found guilty, or entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(9) Is not currently enrolled in an alternative program;
(10) Is subject to self-disclosure requirements regarding current participation in an alternative program; and
(11) Has a valid United States Social Security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:
(1) A nurse, who changes primary state of residence after this compact’s effective date, must meet all applicable requirements under section 2 to obtain a multistate license from a new home state.
(2) A nurse who fails to satisfy the multistate licensure requirements in section 2 due to a disqualifying event occurring after this compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.
Section 3.
(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the interstate commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
Section 4.
(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
(1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party state.
(i) Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.
(ii) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.
(3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
(6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.
(7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
Section 5.
(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The interstate commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
(1) Identifying information;
(2) Licensure data;
(3) Information related to alternative program participation; and
(4) Other information that may facilitate the administration of this compact, as determined by interstate commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Section 6.
(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.
(1) The interstate commission is an instrumentality of the party states.
(2) Venue is proper, and judicial proceedings by or against the interstate commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the interstate commission is located. The interstate commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting and Meetings
(1) Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the interstate commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.
(3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the interstate commission.
(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 7.
(5) The interstate commission may convene in a closed, nonpublic meeting if the interstate commission must discuss:
(i) Noncompliance of a party state with its obligations under this compact;
(ii) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the interstate commission’s internal personnel practices and procedures;
(iii) Current, threatened or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any reports prepared by or on behalf of the interstate commission for the purpose of investigation of compliance with this compact; or
(x) Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the interstate commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or order of a court of competent jurisdiction.
(c) The interstate commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Providing reasonable standards and procedures:
(i) For the establishment and meetings of other committees; and
(ii) Governing any general or specific delegation of any authority or function of the interstate commission;
(3) Providing reasonable procedures for calling and conducting meetings of the interstate commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The interstate commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the interstate commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and
(6) Providing a mechanism for winding up the operations of the interstate commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;
(d) The interstate commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the interstate commission.
(e) The interstate commission shall maintain its financial records in accordance with the bylaws.
(f) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(g) The interstate commission shall have the following powers:
(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;
(2) To bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;
(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources;
(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the interstate commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the interstate commission shall avoid any appearance of impropriety or conflict of interest;
(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the interstate commission shall avoid any appearance of impropriety;
(9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
(10) To establish a budget and make expenditures;
(11) To borrow money;
(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
(13) To provide and receive information from, and to cooperate with, law enforcement agencies;
(14) To adopt and use an official seal; and
(15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
(h) Financing of the interstate commission
(1) The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The interstate commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule that is binding upon all party states.
(3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.
(i) Qualified Immunity, Defense and Indemnification
(1) The administrators, officers, executive director, employees and representatives of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
(2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.
(3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
Section 7.
(a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.
(c) Prior to promulgation and adoption of a final rule or rules by the interstate commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking:
(1) On the website of the interstate commission; and
(2) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(2) The text of the proposed rule or amendment, and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(g) The interstate commission shall publish the place, time and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.
(h) If no one appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.
(j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) Prevent a loss of interstate commission or party state funds; or
(3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the interstate commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the interstate commission.
Section 8.
(a) Oversight
(1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.
(2) The interstate commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the interstate commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
(b) Default, Technical Assistance and Termination
(1) If the interstate commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the interstate commission shall:
(i) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the interstate commission; and
(ii) Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.
(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The interstate commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the interstate commission and the defaulting state.
(6) The defaulting state may appeal the action of the interstate commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
(c) Dispute Resolution
(1) Upon request by a party state, the interstate commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.
(2) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(3) In the event the interstate commission cannot resolve disputes among party states arising under this compact:
(i) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
(ii) The decision of a majority of the arbitrators shall be final and binding.
(d) Enforcement
(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the interstate commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may pursue any other remedies available under federal or state law.
Section 9.
(a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure Compact, superseded by this compact, (“prior compact”), shall be deemed to have withdrawn from said prior compact within 6 months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(g) Representatives of non-party states to this compact shall be invited to participate in the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this compact by all states.
Section 10.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Section 11. The executive director of the board of registration in nursing, or the board executive director’s designee, shall be the administrator of the Nurse Licensure Compact for the commonwealth.
Section 12. The board of registration in nursing shall adopt regulations in the same manner as all other with states legally joining in the compact and may adopt additional regulations as necessary to implement the provisions of this chapter.
Section 13. The board of registration in nursing may recover from a nurse the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
Section 14. The board of registration in nursing may take disciplinary action against the practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in the commonwealth under a license issued by party state. The board’s disciplinary action may be based on disciplinary action against the nurse’s license taken by the nurse’s home state.
Section 15. In reporting information to the coordinated licensure information system under section 8 of this chapter related to the Nurse Licensure Compact, the board of registration in nursing may disclose personally identifiable information about the nurse, including social security number.
Section 16. Nothing in this chapter, nor the entrance of the commonwealth into the Nurse Licensure Compact shall be construed to supersede existing labor laws.
Section 17. The commonwealth, its officers and employees, and the board of registration in nursing and its agents who act in accordance with the provisions of this chapter shall not be liable on account of any act or omission in good faith while engaged in the performance of their duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or recklessness.
Section 18. As part of the licensure and background check process for a multistate license and to determine the suitability of an applicant for multistate licensure, the board of registration in nursing, prior to issuing any multistate license, shall conduct a fingerprint-based check of the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-544.
Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services for requests submitted by the board of registration in nursing as authorized under this section to ensure the continued suitability of these individuals for licensure. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to the executive director of the board of registration in nursing and authorized staff of the board.
All applicants shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of chapter 29.
The board of registration in nursing may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the board of registration in nursing obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of registration in nursing receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that an applicant for licensure provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant’s suitability for licensure.
SECTION 4. Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, as necessary to implement the provisions of the chapter 112A of the General Laws. The amount of the increase in fees shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10.
| Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas, The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
Whereas, Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
Whereas, The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
Whereas, New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
Whereas, The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
Whereas, Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
The deferred operation of this act would tend to defeat its purposes, which are to facilitate the states’ responsibility to protect the public’s health and safety, ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions, promote compliance with the laws governing the practice of nursing in each jurisdiction, invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses, decrease redundancies in the consideration and issuance of nurse licenses, and provide opportunities for interstate practice by nurses who meet uniform licensure requirements, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to determination of need of new technology | H1212 | HD2354 | 193 | {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:31:43.24'} | [{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:31:43.24'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1212/DocumentHistoryActions | Bill | By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1212) of Meghan Kilcoyne relative to determination of need of new health care related technology. Health Care Financing. | SECTION 1. Section 25B of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “New technology”, and inserting in place thereof the following definition:-
''New technology'', equipment such as magnetic resonance imagers and linear accelerators, as may be defined by the department, or a service, as may be defined by the department, which for reasons of quality, access or cost is determined to be new technology by the department; provided, however, that computerized tomography and any equipment that is widely utilized as standard diagnostic, treatment or therapeutic technology shall not be considered new technology.
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An Act relative to asset limits for MassHealth | H1213 | HD1306 | 193 | {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-18T12:40:31.447'} | [{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-18T12:40:31.4466667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T10:06:32.5233333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T12:03:26.9466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:15:58.0166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:52:01.25'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1213/DocumentHistoryActions | Bill | By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1213) of Michael P. Kushmerek and others relative to asset limits for MassHealth. Health Care Financing. | Subsection (3) of section 25 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “XIX”, in line 40, the following words:- or not exceeding $10,000 for an individual applicant or recipient or $15,000 for a married applicant or recipient.
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An Act to promote continuity of health coverage for children | H1214 | HD1498 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:28:56.233'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:28:56.2333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-24T15:09:19.4033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-24T15:07:15.2766667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:56:36.6133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:56:36.6133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:32:00.1966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:32:00.1966667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-07T13:16:25.19'}] | {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T11:16:49.79'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1214/DocumentHistoryActions | Bill | By Representative Lawn of Watertown and Senator DiDomenico, a joint petition (accompanied by bill, House, No. 1214) of John J. Lawn, Jr., Sal N. DiDomenico and others for legislation to promote continuity of health coverage for children eligible for MassHealth. Health Care Financing. | SECTION 1. (a) Notwithstanding any other law, residents of the commonwealth under age 19 who are eligible for MassHealth shall qualify for at least 12 months of continuous eligibility as required by Sections 1902(e)(12) and 2107(e)(1) of the Social Security Act, as amended by Section 5112 of the Consolidated Appropriations Act, 2023, Pub. L. 117–328.
(b) The executive office of health and human services shall maximize federal financial participation for the coverage and benefits under this section; provided, however, that coverage and benefits provided under this section shall not be contingent upon the availability of federal financial participation.
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An Act relative to pharmacy benefit managers | H1215 | HD1404 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:26:33.473'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:26:33.4733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T14:47:33.7'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-31T14:47:33.7'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:47:33.7'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-31T14:47:33.7'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T14:47:33.7'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:33:59.0133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:33:59.0133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-04T12:29:49.5333333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-06-27T14:58:57.7866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-27T14:58:57.7866667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1215/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1215) of John J. Lawn, Jr., and others relative to pharmacy benefit managers. Health Care Financing. | SECTION 1. Said section 1 of said chapter 6D , as so appearing, is hereby further amended by inserting after the definition of “Performance penalty” the following 2 definitions:-
“Pharmacy benefit manager”, as defined in section 1 of chapter 176X
“Pharmacy benefit services”, as defined in section 1 of chapter 176X
SECTION 2. Section 4 of said chapter 6D , as so appearing, is hereby amended by striking out, in lines 6 and 7, the word “manufacturers” and inserting in place thereof the following words:- pharmacy benefit managers.
SECTION 3. Section 6 of said chapter 6D , as so appearing, is hereby amended by adding the following paragraph:-
If the analysis of spending trends with respect to the pharmaceutical or biopharmaceutical products increases the expenses of the commission, the estimated increases in the commission’s expenses shall be assessed fully to pharmacy benefit managers in the same manner as the assessment pursuant to section 68 of chapter 118E. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and administers its own prescription drug, prescription device or pharmacist services or prescription drug and device and pharmacist services portion shall not be subject to additional assessment under this paragraph.
SECTION 4. Section 8 of said chapter 6D , as so appearing, is hereby amended by inserting after the word “organization” , in lines 6 and 7, the following words:- , pharmacy benefit manager.
SECTION 5. Said section 8 of said chapter 6D , as so appearing, is hereby further amended by inserting after the word “organizations”, in line 14, the following words:- , pharmacy benefit managers.
SECTION 6. Said section 8 of said chapter 6D , as so appearing, is hereby further amended by striking out, in lines 32 and 33 , the words “and (xi) any witness identified by the attorney general or the center” and inserting in place thereof the following words:- (xi) 2 pharmacy benefit managers; and (xii) any witness identified by the attorney general or the center.
SECTION 7. Subsection (g) of said section 8 of said chapter 6D , as so appearing, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The report shall be based on the commission's analysis of information provided at the hearings by witnesses, providers, provider organizations, insurers and pharmacy benefit managers, registration data collected pursuant to section 11, data collected or analyzed by the center pursuant to sections 8, 9, 10,10A and 10B of chapter 12C and any other available information that the commission considers necessary to fulfill its duties in this section, as defined in regulations promulgated by the commission.
SECTION 8. Section 9 of said chapter 6D , as so appearing, is hereby amended by inserting after the word “organization”, in line 72, the following words:- , pharmacy benefit manager.
SECTION 9. Said Section 9 of said chapter 6D , as so appearing, is hereby further amended by inserting after the word “organizations”, in line 82, the following words:- , pharmacy benefit manager.
SECTION 10. Section 1 of chapter 12C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Patient-centered medical home” the following 5 definitions:-
“Pharmaceutical manufacturing company”, any entity engaged in the production, preparation, propagation, compounding, conversion or processing of prescription drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed pursuant to section 36A of chapter 112 or a retail pharmacist registered pursuant to section 38 of said chapter 112.
“Pharmacy benefit manager”, any person, business, or entity, however organized, that administers, either directly or through its subsidiaries, pharmacy benefit services for prescription drugs and devices on behalf of health benefit plan sponsors, including, but not limited to, self-insured employers, insurance companies and labor unions;
“Pharmacy benefit services” shall include, but not be limited to, formulary administration; drug benefit design; pharmacy network contracting; pharmacy claims processing; mail and specialty drug pharmacy services; and cost containment, clinical, safety, and adherence programs for pharmacy services. For the purposes of this section, a health benefit plan that does not contract with a pharmacy benefit manager shall be a pharmacy benefit manager, unless specifically exempted.
“Wholesale acquisition cost”, the cost of a prescription drug as defined in 42 U.S.C. §1395w-3a(c)(6)(B).
SECTION 11. Section 3 of said chapter 12C , as so appearing, is hereby amended by inserting after the word “organizations”, in lines 13 and 14, the following words:- , pharmacy benefit managers.
SECTION 12. Section 5 of said chapter 12C , as so appearing, is hereby amended by inserting after the word “organizations”, in line 11, the following words:- , pharmacy benefit managers.
SECTION 13. Said section 5 of said chapter 12C , as so appearing, is hereby further amended by inserting after the word “providers”, in line 15, the following words:- , affected pharmacy benefit managers.
SECTION 14. Section 7 of said chapter 12C , as so appearing, is hereby further amended by adding the following paragraph:-
To the extent that the analysis and reporting activities pursuant to section 10A increases the expenses of the center, the estimated increase in the center’s expenses shall be fully assessed to pharmacy benefit managers in the same manner as the assessment pursuant to section 68 of chapter 118E.
SECTION 15. Said chapter 12C is hereby further amended by inserting after section 10 the following section:-
Section 10A . The center shall promulgate regulations necessary to ensure the uniform analysis of information regarding pharmacy benefit managers that enables the center to analyze: (1) year-over-year wholesale acquisition cost changes; (2) year-over-year trends in formulary, maximum allowable costs list and cost-sharing design, including the establishment and management of specialty product lists; (3) aggregate information regarding discounts, utilizations limits, rebates, manufacturer administrative fees and other financial incentives or concessions related to pharmaceutical products or formulary programs; (4) information regarding the aggregate amount of payments made to pharmacies owned or controlled by the pharmacy benefit managers and the aggregate amount of payments made to pharmacies that are not owned or controlled by the pharmacy benefit managers; and (5) additional information deemed reasonable and necessary by the center as set forth in the center’s regulations.
SECTION 16. Section 11 of said chapter 12C , as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
The center shall ensure the timely reporting of information required pursuant to sections 8, 9, 10 and 10A.
SECTION 17. Said section 11 of said chapter 12C , as so appearing, is hereby further amended by striking out, in line 11, the figure “$1,000” and inserting in place thereof the following figure:- $5,000.
SECTION 18. Said section 11 of said chapter 12C , as so appearing, is hereby further amended by striking out, in line 16, the figure “$50,000” and inserting in place thereof the following figure:- $200,000.
SECTION 19. Section 12 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 2, the words “9 and 10” and inserting in place thereof the following words:- 9, 10 and 10A
SECTION 20. Subsection (a) of section 16 of said chapter 12C , as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The center shall publish an annual report based on the information submitted pursuant to sections 8, 9, 10, 10A and 10B concerning health care provider, provider organization, pharmacy benefit manager and private and public health care payer costs and cost and price trends, pursuant to section 13 of chapter 6D relative to market impact reviews and pursuant to section 15 relative to quality data.
SECTION 21. Chapter 94C is hereby further amended by inserting after section 21B the following section:-
Section 21C. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Cost sharing”, amounts owed by a consumer under the terms of the consumer’s health benefit plan as defined in section 1 of chapter 176O or as required by a pharmacy benefit manager as defined in section 1 of chapter 6D.
“Pharmacy retail price”, the amount an individual would pay for a prescription medication at a pharmacy if the individual purchased that prescription medication at that pharmacy without using a health benefit plan as defined in section 1 of chapter 176O or any other prescription medication benefit or discount.
“Registered pharmacist”, a pharmacist who holds a valid certificate of registration issued by the board of registration in pharmacy pursuant to section 24 of chapter 112.
(b) A pharmacy shall post a notice informing consumers that a consumer may request, at the point of sale, the current pharmacy retail price for each prescription medication the consumer intends to purchase. If the consumer’s cost-sharing amount for a prescription medication exceeds the current pharmacy retail price, the pharmacist, or an authorized individual at the direction of a pharmacist, shall notify the consumer that the pharmacy retail price is less than the patient’s cost-sharing amount. The pharmacist shall charge the consumer the applicable cost-sharing amount or the current pharmacy retail price for that prescription medication, as directed by the consumer.
A pharmacist shall not be subject to a penalty by the board of registration in pharmacy or a third party for failure to comply with this section.
(c) A contractual obligation shall not prohibit a pharmacist from complying with this section; provided however, that a pharmacist shall submit a claim to the consumer’s health benefit plan or its pharmacy benefit manager if the pharmacist has knowledge that the prescription medication is covered under the consumer’s health benefit plan.
(d) Failure to post notice pursuant to subsection (b) shall be an unfair or deceptive act of practice under chapter 93A.
SECTION 22 Section 226 of chapter 175 is hereby repealed.
SECTION 23. The General Laws are hereby amended by inserting after Chapter 176W the following chapter:-
Chapter 176X
Section 1 . As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:-
“Carrier”, as defined in section 1 of chapter 176O “Commissioner”, the commissioner of the division of insurance.
“Cost-sharing requirement”, any copayment, coinsurance, deductible, or annual limitation on cost-sharing (including a limitation subject to 42 U.S.C. §§ 18022(c) and 300gg-6(b)), required by or on behalf of an insured in order to receive specific health care services, including a prescription drug, covered by a health benefit plan .
“Division”, the division of insurance.
“Health benefit plan”, as defined in section 1 of chapter 176O
“Health care services”, supplies, care and services of a medical, surgical, optometric, dental, podiatric, chiropractic, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, supportive, or geriatric nature including, but not limited to, inpatient and outpatient acute hospital care and services, services provided by a community health center or by a sanatorium, as included in the definition of “hospital” in Title XVIII of the federal Social Security Act, and treatment and care compatible with such services or by a health maintenance organization.
“Insured”, an enrollee, covered person, insured, member, policyholder or subscriber of a carrier, including an individual whose eligibility as an insured of a carrier is in dispute or under review, or any other individual whose care may be subject to review by a utilization review program or entity as described under other provisions of this chapter.
“Mail order pharmacy”, a pharmacy whose primary business is to receive prescriptions by mail, telefax or through electronic submissions and to dispense medication to insureds through the use of the United States mail or other common or contract carrier services and that provides any consultation with patients electronically rather than face to face.“Network”, as defined in section 1 of chapter 176O.
“Network pharmacy”, a retail or other licensed pharmacy provider that contracts with a pharmacy benefit manager.
“Person”, a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency.
“Pharmacy”, a facility, either physical or electronic, under the direction or supervision of a registered pharmacist which is authorized to dispense prescription drugs and has entered into a network contract with a pharmacy benefit manager or a carrier.
“Pharmacy benefit manager”, a person, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, a self-insurance plan, or other third-party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, self-insurance plan, or other third-party payer including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
“Pharmacy benefit services” shall include, but not be limited to, formulary administration; drug benefit design; pharmacy network contracting; pharmacy claims processing; mail and specialty drug pharmacy services; and cost containment, clinical, safety, adherence programs for pharmacy services, and any other pharmacy benefit service that the commissioner deems appropriate. For the purposes of the chapter, a health benefit plan that does not contract with a pharmacy benefit manager shall be a pharmacy benefit manager.
“Rebates or fees”, all fees or price concessions paid by a manufacturer to a pharmacy benefit manager or carrier, including rebates, discounts, and other price concessions that are based on actual or estimated utilization of a prescription drug. Rebates also include price concessions based on the effectiveness a drug as in a value-based or performance-based contract.
“Retail pharmacy”, as defined in section 39D of chapter 112.
"Spread pricing" means the practice of a pharmacy benefit manager retaining an additional amount of money in addition to the amount paid to the pharmacy to fill a prescription.
"Steering", a practice employed by a pharmacy benefit manager or carrier that channels a prescription to a pharmacy in which a pharmacy benefit manager or carrier has an ownership interest, and includes but is not limited to retail, mail-order, or specialty pharmacies.
Section 2. (a) Any pharmacy benefit manager contracting with a pharmacy that operates in the commonwealth shall comply with the provisions of this chapter.
(b) A pharmacy benefit manager shall receive a license from the division before conducting business in the commonwealth. A license granted pursuant to this section is not transferable.
(c) A license may be granted only when the division is satisfied that the entity possesses the necessary organization, background expertise, and financial integrity to supply the services sought to be offered.
(d) The division may issue a license subject to restrictions or limitations upon the authorization, including the type of services that may be supplied or the activities in which the entity may be engaged.
(e) A license shall be valid for a period of three years. The commissioner shall charge application and renewal fees in the amount of $25,000
(f) The division shall develop an application for licensure that includes at least the following information: (i) the name of the pharmacy benefit manager; (ii) the address and contact telephone number for the pharmacy benefit manager; (iii) the name and address of the pharmacy benefit manager’s agent for service of process in the commonwealth; (iv) the name and address of each person beneficially interested in the pharmacy benefit manager; and (v) the name and address of each person with management or control over the pharmacy benefit manager.
(g) The division may suspend, revoke, or place on probation a pharmacy benefit manager license under any of the following circumstances: (i) the pharmacy benefit manager has engaged in fraudulent activity that constitutes a violation of state or federal law; (ii) the division received consumer complaints that justify an action under this chapter to protect the safety and interests of consumers; (iii) the pharmacy benefit manager fails to pay an application fee for the license; or (iv) the pharmacy benefit manager fails to comply with a requirement set forth in this chapter.
(h) If an entity performs the functions of pharmacy benefit manager acts without registering, it will be subject to a fine of $5,000 per day for the period they are found to be in violation.
Section 3
(a) (i) The pharmacy benefit manager shall have a duty and obligation to perform pharmacy benefit services with care, skill, prudence, diligence, and professionalism.
(ii) In addition to the duties as may be prescribed by regulation:
(1) A pharmacy benefit manager interacting with a covered individual shall have the same duty to a covered individual as the health plan for whom it is performing pharmacy benefit services.
(2) A pharmacy benefit manager shall have a duty of good faith and fair dealing with all parties, including but not limited to covered individuals and pharmacies, with whom it interacts in the performance of pharmacy benefit services.
Section 4
(a) A pharmacy benefit manager shall provide a reasonably adequate and accessible pharmacy benefit manager network for the provision of prescription drugs, which provides for convenient patient access to pharmacies within a reasonable distance from a patient’s residence.
(b) A pharmacy benefit manager may not deny a pharmacy the opportunity to participate in a pharmacy benefit manager network at preferred participation status if the pharmacy is willing to accept the terms and conditions that the pharmacy benefit manager has established for other pharmacies as a condition of preferred network participation status.
(c) A mail-order pharmacy shall not be included in the calculations for determining pharmacy benefit manager network adequacy under this section.
Section 5.
(a) After the date of receipt of a clean claim for payment made by a pharmacy, a pharmacy benefit manager shall not retroactively reduce payment on the claim, either directly or indirectly, through aggregated effective rate, direct or indirect remuneration, quality assurance program or otherwise, except if the claim is found not to be a clean claim during the course of a routine audit performed pursuant to an agreement between the pharmacy benefit manager and the pharmacy. When a pharmacy adjudicates a claim at the point of sale, the reimbursement amount provided to the pharmacy by the pharmacy benefit manager shall constitute a final reimbursement amount. Nothing in this section shall be construed to prohibit any retroactive increase in payment to a pharmacy pursuant to a contract between the pharmacy benefit manager or a pharmacy.
(b) For the purpose of this section, "clean claim" means a claim that has no defect or impropriety, including a lack of any required substantiating documentation, or other circumstance requiring special treatment, including, but not limited to, those listed in subsection (d) of this section, that prevents timely payment from being made on the claim.
(c) A pharmacy benefit manager shall not recoup funds from a pharmacy in connection with claims for which the pharmacy has already been paid unless the recoupment is:
(1) otherwise permitted or required by law; or
(2) the result of an audit, performed pursuant to a contract between the pharmacy benefit manager and the pharmacy; or
(d) The provisions of this section shall not apply to an investigative audit of pharmacy records when:
(1) fraud, waste, abuse or other intentional misconduct is indicated by physical review or review of claims data or statements; or
(2) other investigative methods indicate a pharmacy is or has been engaged in criminal wrongdoing, fraud or other intentional or willful misrepresentation.
(e) No pharmacy benefit manager shall charge or collect from an individual a copayment that exceeds the total submitted charges by the pharmacy for which the pharmacy is paid. If an individual pays a copayment, the pharmacy shall retain the adjudicated costs and the pharmacy benefit manager shall not redact or recoup the adjudicated cost.
Section 6.
(a) As used in this section:
(1) “Generically equivalent drug”, a drug that is pharmaceutically and therapeutically equivalent to the drug prescribed;
(2)(A) “Maximum allowable cost list”, a listing of drugs or other methodology used by a pharmacy benefit manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug.
(B) Maximum allowable cost list includes without limitation:
(i) Average acquisition cost, including national average drug acquisition cost;
(ii) Average manufacturer price;
(iii) Average wholesale price;
(iv) Brand effective rate or generic effective rate;
(v) Discount indexing;
(vi) Federal upper limits;
(vii) Wholesale acquisition cost; and
(viii) Any other term that a pharmacy benefit manager or a carrier may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services;
(3) “Pharmaceutical wholesaler”, as defined in section 36A of chapter 112;
(4) “Pharmacist”, a pharmacist who, pursuant to the provisions of M.G.L. c. 112, § 24, is registered by the Board to practice pharmacy;
(5) “Pharmacist services”, products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy as defined in section 39D of chapter 112;
(6) “Pharmacy”, shall have the same meaning as defined in section 39D of chapter 112;
(7) “Pharmacy acquisition cost” means the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice;
(8) “Pharmacy benefit manager”, as defined in section 1 of chapter 176X;
(9) “Pharmacy benefit manager affiliate”, a pharmacy or pharmacist that directly or indirectly, through one (1) or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or control with a pharmacy benefits manager; and
(10) “Pharmacy benefit plan or program”, a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services to individuals who reside in or are employed in the commonwealth.
(b) Before a pharmacy benefit manager places or continues a particular drug on a maximum allowable cost list, the drug:
(1) If the drug is a generically equivalent drug, it shall be listed as therapeutically equivalent and pharmaceutically equivalent A or B rated in the United States Food and Drug Administration's most recent version of the Orange Book or Green Book or have an NR or NA rating by Medi-Span, Gold Standard, or a similar rating by a nationally recognized reference;
(2) Shall be available for purchase by each pharmacy in the state from national or regional wholesalers operating in the commonwealth; and
(3) Shall not be obsolete.
(c ) A pharmacy benefit manager shall:
(1) Provide access to its maximum allowable cost list to each pharmacy subject to the maximum allowable cost list;
(2) Update its maximum allowable cost list on a timely basis, but in no event longer than seven (7) calendar days from an increase of ten per cent or more in the pharmacy acquisition cost from sixty per cent or more of the pharmaceutical wholesalers doing business in the state or a change in the methodology on which the maximum allowable cost list is based or in the value of a variable involved in the methodology;
(3) Provide a process for each pharmacy subject to the maximum allowable cost list to receive prompt notification of an update to the maximum allowable cost list; and
(4)(A)(i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable cost list and reimbursements made under a maximum allowable cost list for a specific drug or drugs as:
(a) Not meeting the requirements of this section; or
(b) Being below the pharmacy acquisition cost.
(ii) The reasonable administrative appeal procedure shall include the following:
(a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals;
(b) The ability to submit an administrative appeal directly to the pharmacy benefit manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and
(c) No less than thirty business days to file an administrative appeal.
(B) The pharmacy benefit manager shall respond to the challenge under subdivision (c)(4)(A) of this section within thirty business days after receipt of the challenge.
(C) If a challenge is made under subdivision (c)(4)(A) of this section, the pharmacy benefit manager shall within thirty business days after receipt of the challenge either:
(i) If the appeal is upheld:
(a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost;
(b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question;
(c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and
(d) Make the change under subdivision (c)(4)(C)(i)(a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the maximum allowable cost list;
(ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in the commonwealth that have the drug currently in stock at a price below the maximum allowable cost as listed on the maximum allowable cost list; or
(iii) If the National Drug Code provided by the pharmacy benefit manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefit manager shall adjust the maximum allowable cost as listed on the maximum allowable cost list above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.
(d)(1) A pharmacy benefit manager shall not reimburse a pharmacy or pharmacist in the commonwealth an amount less than the amount that the pharmacy benefit manager reimburses a pharmacy benefit manager affiliate for providing the same pharmacist services.
(2) The amount shall be calculated on a per unit basis based on the same generic product identifier or generic code number.
(e) A pharmacy or pharmacist may decline to provide the pharmacist services to a patient or pharmacy benefit manager if, as a result of a maximum allowable cost list, a pharmacy or pharmacist is to be paid less than the pharmacy acquisition cost of the pharmacy providing pharmacist services.
(f) This section does not apply to a maximum allowable cost list maintained by MassHealth or the division of insurance.
(g)(1)A violation of this section shall constitute an unfair or deceptive act or practice pursuant to chapter 93A.
Section 7.
(a) No pharmacy benefit manager or representative of a pharmacy benefit manager shall conduct spread pricing in the commonwealth.
(b) A pharmacy benefit manager or representative of a pharmacy benefit manager that violates this section shall be subject to the surcharge under section 8 of chapter 176X.
(c) A pharmacy benefit manager shall report to the commissioner on a quarterly basis for each healthcare insurer the following information:
(A) The aggregate number of rebates received by the pharmacy benefit manager;
(B) The aggregate number of rebates distributed to the appropriate healthcare insurer;
(C) The aggregate number of rebates passed on to an insured of each healthcare insurer at the point of sale that reduced the insured’s applicable deductible, copayment, coinsurance, or other cost-sharing amount;
(D) The individual and aggregate amount paid by the healthcare insurer to the pharmacy benefit manager for pharmacist services itemized by pharmacy, by product, and by goods and services; and
(E) The individual and aggregate amount a pharmacy benefit manager paid for pharmacist services itemized by pharmacy, by product, and by goods and services.
(d) The commissioner, in consultation with the health policy commission and the center for health information and analysis, shall annually report on the rebates and amounts reported under subsection (c), which shall be public record.
Section 8.
(a) A pharmacy benefits manager that engages in the practices of (i) spread pricing; (ii) steering; or (iii) imposing point-of-sale fees or retroactive fees shall be subject to a surcharge payable to the division of 10 percent on the aggregate dollar amount it reimbursed pharmacies in the previous calendar year for prescription drugs in the commonwealth.
(b) By March 1 of each year, a pharmacy benefit manager shall provide a letter to the commissioner attesting as to whether or not, in the previous calendar year, it engaged in the any of the practices under subsection (a). The pharmacy benefit manager shall also submit to the commissioner, in a form and manner and by a date specified by the commissioner, data detailing all prescription drug claims it administered in the commonwealth for insured residents on behalf of each health plan client and any other data the commissioner deems necessary to evaluate whether a pharmacy benefit manager may be engaged in any of the practices under subsection (a)
(c) By April 1 of each year, a pharmacy benefit manager shall pay into the general fund the surcharge owed, if any, as contained in the report submitted pursuant to subsection (b) of this section.
(d) Nothing in this section shall be construed to authorize the practices of steering or imposing point-of-sale fees or retroactive fees where otherwise prohibited by law.
(e) The commissioner, in consultation with the health policy commission and the center for health information and analysis, shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting pharmacy benefit manager with the total sum due to the commonwealth, which shall be public record.
Section 9.
(a) Any person operating a health plan whose contracted pharmacy benefits manager engages in the practices of (i) spread pricing; (ii) steering; or (iii) imposing point-of-sale fees or retroactive fees in connection with its health plans shall be subject to a surcharge payable to the division of 10 percent on the aggregate dollar amount its pharmacy benefit manager reimbursed pharmacies on its behalf in the previous calendar year for prescription drugs in the commonwealth.
(b) By March 1 of each year, any person operating a health plan and licensed in the commonwealth that utilizes a contracted pharmacy benefit manager shall provide a letter to the commissioner attesting as to whether or not, in the previous calendar year, its contracted pharmacy benefit manager engaged in any of the practices under subsection (a) in connection with its health plans. The health plan shall also submit to the commissioner, in a form and manner and by a date specified by the commissioner, data detailing all prescription drug claims its contracted pharmacy benefit manager administered in the commonwealth for insured residents and any other data the commissioner deems necessary to evaluate whether a health plan's pharmacy benefit manager may be engaged in any of the practices under subsection (a).
(c) By April 1 of each year, any person operating a health plan and licensed under this title shall pay into the general fund the surcharge owed, if any, as contained in the report submitted pursuant to subsection (b) of this section.
(d) Nothing in this section shall be construed to authorize the practices of steering or imposing point-of-sale fees or retroactive fees where otherwise prohibited by law.
(e) The commissioner, in consultation with the health policy commission and the center for health information and analysis, shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting health plan along with the total sum due to the commonwealth, which shall be public record.
Section 10.
When calculating an insured’s contribution to any applicable cost sharing requirement, a pharmacy benefit manager shall include any cost-sharing amounts paid by the insured or on behalf of the insured by another person.
Section 11.
(a) A pharmacy benefit manager shall conduct an audit of the records of a pharmacy in accordance with paragraphs (1) to (13), inclusive.
(1) The contract between a pharmacy and a pharmacy benefit manager shall identify and describe the audit procedures in detail.
(2) With the exception of an investigative fraud audit, the auditor shall give the pharmacy written notice at least 2 weeks prior to conducting the initial on-site audit for each audit cycle.
(3) A pharmacy benefit manager shall not audit claims beyond 2 years prior to the date of audit.
(4) The auditor shall not interfere with the delivery of pharmacist services to a patient and shall make a reasonable effort to minimize the inconvenience and disruption to the pharmacy operations during the audit process.
(5) Any audit that involves clinical or professional judgment shall be conducted by, or in consultation with, a licensed pharmacist from any state.
(6) A finding of an overpayment or underpayment shall be based on the actual overpayment or underpayment. A statistically sound calculation for overpayment or underpayment may be used to determine recoupment as part of a settlement as agreed to by the pharmacy.
(7) The auditor shall audit each pharmacy under the same standards and parameters with which they audit other similarly situated pharmacies.
(8) An audit shall not be initiated or scheduled during the first 5 calendar days of any month for any pharmacy that averages more than 600 prescriptions per week without the pharmacy's consent.
(9) A preliminary audit report shall be delivered to the pharmacy not later than 30 days after the conclusion of the audit.
(10) The preliminary audit report shall be signed and shall include the signature of any pharmacist participating in the audit.
(11) A pharmacy benefit manager shall not withhold payment to a pharmacy for reimbursement claims as a means to recoup money until after the final internal disposition of an audit, including the appeals process, as provided in subsection (b), unless fraud or misrepresentation is reasonably suspected or the discrepant amount exceeds $15,000.
(12) The auditor shall provide a copy of the final audit report to the pharmacy and plan sponsor within 30 days following the pharmacy's receipt of the signed preliminary audit report or the completion of the appeals process, as provided in subsection (b), whichever is later.
(13) No auditing company or agent shall receive payment based upon a percentage of the amount recovered or other financial incentive tied to the findings of the audit.
(b)(1) Each auditor shall establish an appeals process under which a pharmacy may appeal findings in a preliminary audit.
(2) To appeal a finding, a pharmacy may use the records of a hospital, physician, or other authorized prescriber to validate the record with respect to orders or refills of prescription drugs or devices.
(3) A pharmacy shall have 30 days to appeal any discrepancy found during the preliminary audit.
(4) The National Council for Prescription Drug Programs or any other recognized national industry standard shall be used to evaluate claims submission and product size disputes.
(5) If an audit results in the identification of any clerical or record-keeping errors in a required document or record, the pharmacy shall not be subject to recoupment of funds by the pharmacy benefit manager; provided, that the pharmacy may provide proof that the patient received the medication billed to the plan via patient signature logs or other acceptable methods, unless there is financial harm to the plan or errors that exceed the normal course of business.
(c) This section shall not apply to any audit or investigation of a pharmacy that involves potential fraud, willful misrepresentation or abuse, including, but not limited to, investigative audits or any other statutory or regulatory provision which authorizes investigations relating to insurance fraud.
(d) This section shall not apply to a public health care payer, as defined in section 1 of chapter 12C.
(e) The commissioner shall promulgate regulations to enforce this section.
Section 12.
(a) The commissioner may make an examination of the affairs of a Pharmacy Benefit Manager when the commissioner deems prudent but not less frequently than once every 3 years. The focus of the examination shall be to ensure that a pharmacy benefit manager is able to meet its responsibilities under contracts with licensed carriers. The examination shall be conducted according to the procedures set forth in subsection (6) of section 4 of chapter 175.
(b) The commissioner, a deputy or an examiner may conduct an on-site examination of each pharmacy benefit manager in the commonwealth to thoroughly inspect and examine its affairs.
(c) The charge for each such examination shall be determined annually according to the procedures set forth in subsection (6) of section 4 of chapter 175.
(d) Not later than 60 days following completion of the examination, the examiner in charge shall file with the commissioner a verified written report of examination under oath. Upon receipt of the verified report, the commissioner shall transmit the report to the pharmacy benefit manager examined with a notice which shall afford the pharmacy benefit manager examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report. Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall consider and review the reports together with any written submissions or rebuttals and any relevant portions of the examiner’s work papers and enter an order:
(i) adopting the examination report as filed with modifications or corrections and, if the examination report reveals that the pharmacy benefit manager is operating in violation of this section or any regulation or prior order of the commissioner, the commissioner may order the pharmacy benefit manager to take any action the commissioner considered necessary and appropriate to cure such violation;
(ii) rejecting the examination report with directions to examiners to reopen the examination for the purposes of obtaining additional data, documentation or information and re-filing pursuant to the above provisions; or
(iii) calling for an investigatory hearing with no less than 20 days’ notice to the pharmacy benefit manager for purposes of obtaining additional documentation, data, information and testimony.
(e) Notwithstanding any general or special law to the contrary, including clause 26 of section 7 of chapter 4 and chapter 66, the records of any such audit, examination or other inspection and the information contained in the records, reports or books of any pharmacy benefit manager examined pursuant to this section shall be confidential and open only to the inspection of the commissioner, or the examiners and assistants. Access to such confidential material may be granted by the commissioner to law enforcement officials of the commonwealth or any other state or agency of the federal government at any time, so long as the agency or office receiving the information agrees in writing to keep such material confidential. Nothing herein shall be construed to prohibit the required production of such records, and information contained in the reports of such company or organization before any court of the commonwealth or any master or auditor appointed by any such court, in any criminal or civil proceeding, affecting such pharmacy benefit manager, its officers, partners, directors or employees. The final report of any such audit, examination or any other inspection by or on behalf of the division of insurance shall be a public record.
Section 13.
A pharmacy benefit manager shall be required to submit to periodic audits by a licensed carrier if the pharmacy benefit manager has entered into a contract with the carrier to provide pharmacy benefits to the carrier or its members. The commissioner shall direct or provide specifications for such audits
Section 14.
(a) A contract between a pharmacy benefit manager and a participating pharmacy or pharmacist or contracting agent shall not include any provision that prohibits, restricts, or limits a pharmacist or contracting agent or pharmacy’s right to provide an insured with information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. Neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefit manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.
(b) A pharmacy benefit manager shall not charge a pharmacist or pharmacy a fee related to the adjudication of a claim, including, without limitation, a fee for: (i) the receipt and processing of a pharmacy claim; (ii) the development or management of claims processing services in a pharmacy benefit manager network; or (iii) participation in a pharmacy benefit manager network, unless such fee is set out in a contract between the pharmacy benefit manager and the pharmacist or contracting agent or pharmacy.
(c) A contract between a pharmacy benefit manager and a participating pharmacy or pharmacist or contracting agent shall not include any provision that prohibits, restricts, or limits disclosure of information to the division deemed necessary by the division to ensure a pharmacy benefit manager's compliance with the requirements under this section or section 21C of chapter 94C.
SECTION 24. Sections 1 to 22 shall take effect 6 months after the effective date of this act.
SECTION 25. The commissioner of insurance shall promulgate regulations to implement chapter 176X of the General Laws, as inserted by section 23, not later than 1 year after the effective date of this act.
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An Act relative to the nursing home quality jobs initiative | H1216 | HD1447 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:54:47.49'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:54:47.49'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:51:34.8833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T14:51:34.8833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T14:51:34.8833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:51:34.8833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:33:31.1066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:33:31.1066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T14:33:24.1133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T14:33:24.1133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-01T14:40:29.9633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-01T14:40:29.9633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T14:40:29.9633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T14:40:29.9633333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-02T15:33:43.9966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-02T15:33:43.9966667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-06T12:07:51.46'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-08T14:32:54.2733333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T13:01:46.7266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1216/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1216) of John J. Lawn, Jr., and others relative to wages, benefits and related employee costs of direct care staff of licensed nursing homes. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting at the end thereof the following new section: -
Section 78. For the purpose of ensuring a living wage for nursing facility direct care staff, MassHealth shall annually fund a living wage rate add-on for direct care staff of licensed nursing homes, including, but not limited to, certified nurse aides, housekeeping, laundry, dietary, plant operations, and clerical staff. Funds shall cover a living wage, and associated payroll benefits and related employee costs. MassHealth shall, subject to appropriation, adjust the annual living wage add-on with an inflation adjustment consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid in the Medicare Skilled Nursing Facility prospective payment system rule. MassHealth shall adopt all additional regulations and procedures necessary to carry out this section, including audits, and shall report to the house and senate committees on ways and means an analysis of funds expended under the living wage rate add on program.
SECTION 2. Chapter 23 of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting after section 9U the following new sections:
Section 9V. The Executive Office of Labor and Workforce Development through the Commonwealth Corporation shall, subject to appropriation, establish a grant program for nursing facility supervisory and leadership training. The program shall, but not be limited to, covering the cost of nursing facility worker participation in evidence-based supervisory training for the express purpose of improving staff satisfaction, retaining staff and reducing turnover.
Section 9W. The Commonwealth Corporation shall, subject to appropriation, establish an extended care career ladder grant program, consistent with section 410 of chapter 159 of the Acts of 2000. Grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long-term care. The grants may include training for English for speakers of other languages and other language and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training. The length of such grants shall not exceed a period of 3 years. The Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee. The administrative and program management costs for the implementation of said grant program shall not exceed 4 per cent of the amount of the grant program. Each grant may include funding for technical assistance and evaluation.
SECTION 3. Chapter 111 of the General Laws, as appearing in the 2018 official edition,
is hereby amended by inserting after section 4O the following new section:-
Section 4P. The Department shall, subject to appropriation, establish a tuition reimbursement program for certified nursing assistant training. The department shall reimburse for the costs of certified nursing assistant training or competency testing subject to the following requirements, conditions and limitations: (a) costs shall have been incurred for an approved certified nursing assistant training program; (b) costs shall have been actually paid by the certified nursing assistant from his or her own personal funds; and (c) Individuals shall have begun employment as a certified nursing assistant in a licensed nursing facility within 12 months of completing the training program, including passing the competency testing.
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An Act to address the financial sustainability of the Health Safety Net | H1217 | HD1456 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:00:47.957'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:00:47.9566667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:52:24.1233333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T14:52:24.1233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:36:06.5766667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1217/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1217) of John J. Lawn, Jr., and others relative to the financial sustainability of the Health Safety Net. Health Care Financing. | SECTION 1. Section 2OOO of Chapter 29 of the general laws, as appearing in the 2018 Official Edition, shall be amended by striking the third sentence in the second paragraph in its entirety and inserting in place thereof the following:
Money from the fund shall 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. No less than the amounts in subsection (b) of section 189 of chapter 149 of the general laws shall be annually transferred to the Health Safety Net Trust Fund.
SECTION 2. Section 64 of Chapter 118E of the general laws, as so appearing, shall be amended by inserting the following new definition:
"Supplemental surcharge amount'', an amount equal to 50 per cent of the annual revenue shortfall in the Health Safety Net Trust fund as estimated by the health safety net office no later than 60 days after the fund fiscal year end.
SECTION 3. Subsection (b) of Section 66 of Chapter 118E of the general laws, as so appearing, is here by amended by striking the first sentence in its entirety and inserting in place thereof the following:
The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29; (iv) all property and securities acquired by and through the use of monies belonging to the fund and all interest thereon; and (v) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund.
SECTION 4. Subsection (a) Section 68 of Chapter 118E of the general laws, as so appearing, shall be amended by inserting the following new words immediately following the phrase “total surcharge amount” in the three places that it so appears in this subsection:
“and the supplemental surcharge amount”
SECTION 5. Section 69 of Chapter 118E of the general laws, as so appearing, shall be amended by striking subsection b in its entirety and inserting in place thereof the following:
(b) By April 1 of the year preceding the start of the fund fiscal year, the office shall, after consultation with the office of Medicaid, and using the best data available, provide an estimate of the projected total reimbursable health services provided by acute hospitals and community health centers and emergency bad debt costs, the total funding available and any projected shortfall after adjusting for reimbursement payments to community health centers. If a shortfall in revenue exists in any fund fiscal year to cover projected costs for reimbursement of health services, the office shall allocate half of that shortfall in a manner that reflects each hospital's proportional financial requirement for reimbursements from the fund, including, but not limited to, the establishment of a graduated reimbursement system and under any additional regulations promulgated by the office. The remaining half of the shortfall shall be accounted for through a supplemental surcharge amount that is paid in accordance with section 64 and 68.
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An Act relative to stabilizing the Commonwealth’s nursing facilities | H1218 | HD1487 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:21:13.28'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:21:13.28'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:54:55.6766667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T14:54:55.6766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T14:54:55.6766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:32:25.9966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:32:25.9966667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-23T14:32:56.32'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T14:32:56.32'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T14:32:56.32'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-01T14:39:58.4933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T14:39:58.4933333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-01T14:39:58.4933333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T14:39:58.4933333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-02T15:33:26.5933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-02T15:33:26.5933333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-06T12:06:21.6833333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-06T12:06:21.6833333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-08T14:32:01.4866667'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T13:01:23.22'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-18T11:02:35.4633333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-06-27T14:59:09.5266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1218/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1218) of John J. Lawn, Jr., and others relative to stabilizing nursing facility inflationary costs. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 official edition
is hereby amended by inserting at the end thereof the following new sections: -
Section 79. In setting Medicaid rates for nursing homes, the executive office of health and human services shall annually recognize inflationary costs by adjusting nursing home allowable resident care base year costs to the rate year using the annual unadjusted Skilled Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid in the Medicare Skilled Nursing Facility prospective payment system rule.
Section 80. For the purpose of recognizing current labor and resident care costs in setting Medicaid nursing home rates, the executive office of health and human services shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than 2 years prior to the current rate year.
Section 81. For purposes of recognizing nursing labor costs performed for resident care, the executive office of health and human services shall set the so-called Nursing Cost Per Diem at the statewide average plus 10%.
Section 82: The executive office of health and human services shall ensure that facilities that serve a disproportionately high number of Medicaid residents receive an upward adjustment of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid residents must represent 75 percent or greater of all resident care days.
Section 83: In setting Medicaid capital rates for the Department of Public Health Determination of Need approved construction projects beginning October 1, 2020 in connection with, but not limited to, conversion of rooms with three or more residents to one- and two-bedded rooms, the executive office of health and human services shall set the rate at no less than the capital payment using the capital standard payment calculation methodology in effect on September 30, 2019 under 101 CMR 206.05.
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An Act enhancing the market review process | H1219 | HD1547 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-17T16:44:05'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-17T16:44:05'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T16:41:08.4666667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:57:39.4366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:35:14.5933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:35:14.5933333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-07T13:18:29.6533333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1219/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1219) of John J. Lawn, Jr., and others for legislation to enhance the market review process. Health Care Financing. | SECTION 1. Section 16T of chapter 6A of the General Laws is hereby repealed.
SECTION 2. Section 13 of chapter 6D, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Every provider or provider organization shall, before making any material change to its operations or governance structure, submit notice to the commission, the center and the attorney general of such change, not fewer than 60 days before the date of the proposed change. Material changes shall include, but not be limited to: (i) the submission of an application for issuance of a new freestanding ambulatory surgery center license or a clinic license, or a new satellite facility under an existing license; (ii) a corporate merger, acquisition or affiliation of a provider or provider organization and a carrier; (iii) mergers or acquisitions of hospitals or hospital systems; (iv) acquisition of insolvent provider organizations; and (v) mergers or acquisitions of provider organizations which will result in a provider organization having a near-majority of market share in a given service or region.
Within 30 days of receipt of a notice filed under the commission’s regulations, the commission shall conduct a preliminary review to determine whether the material change is likely to result in a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, established in section 9, or on the competitive market. If the commission finds that the material change is likely to have a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, or on the competitive market, the commission may conduct a cost and market impact review under this section.
SECTION 3. Subsection (d) of said section 13 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 85, the words “and (xii)” and inserting in place thereof the following words:-
(xii) the inventory of health care resources maintained by the department of public health, pursuant to section 25A of chapter 111, and any related data or reports from the health planning council, as established by section 20; and (xiii).
SECTION 4. Said section 13 of said chapter 6D, as so appearing, is hereby further amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) The commission shall make factual findings and issue a preliminary report on the cost and market impact review. In the report, the commission shall identify any provider or provider organization that meets all of the following criteria: (i) the provider or provider organization has, or likely will have, a dominant market share for the services it provides as a result of the proposed material change; (ii) the provider or provider organization charges, or likely will charge, prices for services that are materially higher than the median prices charged by all other providers for the same services in the same market, as a result of the proposed material change; and (iii) the provider or provider organization has, or likely will have, a health status adjusted total medical expense that is materially higher than the median total medical expense for all other providers for the same service in the same market, as a result of the proposed material change.
SECTION 5. Said section 13 of said chapter 6D, as so appearing, is hereby further amended by striking out subsections (g) and (h) and inserting in place thereof the following 2 subsections:-
(g) Nothing in this section shall prohibit a proposed material change under subsection (a); provided, however, that any proposed material change shall not be completed: (i) until at least 30 days after the commission has issued its final report; and (ii) if the attorney general brings an action as described in subsection (h), while such action is pending and prior to a final judgment being issued by a court of competent jurisdiction.
(h) A provider or provider organization that meets the criteria in subsection (e) shall be presumed to have engaged, or through a material change will engage, in an unfair method of competition or unfair and deceptive trade practice subject to an action brought by the attorney general pursuant to section 4 of chapter 93A; provided, however, a provider or provider organization that meets the criteria of subsection (e) shall not be subject to an action brought pursuant to sections 9 or 11 of said chapter 93A if the sole basis of the action is the fact that the provider meets the criteria in subsection (e). When the commission, under subsection (f), refers a report on a provider or provider organization to the attorney general, the attorney general may take action under said chapter 93A or any other law to protect consumers in the health care market. The commission’s final report may be evidence in any such action.
SECTION 6. Said section 13 of said chapter 6D is hereby further amended by adding the following subsection:-
(l) Upon issuance of its final report pursuant to subsection (f), the commission shall provide a copy of said final report to the department of public health, which shall be included in the written record and considered by the department of public health during its review of an application for determination of need.
SECTION 7. Said chapter 6D is hereby further amended by adding the following section:-
Section 22. (a) There is hereby established within the commission a health planning council, consisting of the executive director of the health policy commission who shall serve as chair, the secretary of health and human services or a designee, the commissioner of public health or a designee, the director of the office of Medicaid or a designee, the commissioner of mental health or a designee, the commissioner of insurance or a designee, the secretary of elder affairs or a designee, the executive director of the center for health information and analysis or a designee, and 3 members appointed by the governor, 1 of whom shall be a health economist, 1 of whom shall have experience in health policy and planning and 1 of whom shall have experience in health care market planning and service line analysis.
(b)(1) The council shall develop a state health plan to identify: (i) the anticipated needs of the commonwealth for health care services, providers, programs and facilities; (ii) the existing health care resources available to meet those needs; (iii) the projected resources necessary to meet those anticipated needs; and (iv) the priorities for addressing those needs.
(2) The state health plan developed by the council shall include the location, distribution and nature of all health care resources in the commonwealth and shall identify certain categories of health care resources, including: (i) acute care units; (ii) non-acute care units; (iii) specialty care units, including, but not limited to, burn, coronary care, cancer care, neonatal care, post-obstetric and post-operative recovery care, pulmonary care, renal dialysis and surgical, including trauma and intensive care units; (iv) skilled nursing facilities; (v) assisted living facilities; (vi) long-term care facilities; (vii) ambulatory surgical centers; (viii) office-based surgical centers; (ix) urgent care centers; (x) home health; (xi) adult and pediatric behavioral health and mental health services and supports; (xii) substance use disorder treatment and recovery services; (xiii) emergency care; (xiv) ambulatory care services; (xv) primary care resources; (xvi) pediatric care services; (xvii) pharmacy and pharmacological services; (xviii) family planning services; (xix) obstetrics and gynecology and maternal health services; (xx) allied health services including, but not limited to, optometric care, chiropractic services, oral health care and midwifery services; (xxi) federally qualified health centers and free clinics; (xxii) numbers of technologies or equipment defined as innovative services or new technologies by the department of public health pursuant to section 25C of chapter 111; (xxiii) hospice and palliative care service; and (xxiv) health screening and early intervention services.
(3) The state health plan shall also make recommendations for the appropriate supply and distribution of resources, programs, capacities, technologies and services identified in paragraph (2) on a state-wide or regional basis based on an assessment of need for the next 5 years and options for implementing such recommendations. The recommendations shall reflect, at a minimum, the following goals: (i) to maintain and improve the quality of health care services; (ii) to support the commonwealth’s efforts to meet the health care cost growth benchmark established pursuant to section 9; (iii) to support innovative health care delivery and alternative payment models as identified by the commission; (iv) to reduce unnecessary duplication; (v) to address disparities in the health care system based on the needs of particular demographic factors, including, but not limited to, race, ethnicity, immigration status, sexual orientation, gender identity, geographic location, age, language spoken, ability and socioeconomic status; (vi) to support efforts to integrate oral health, mental health, behavioral and substance use disorder treatment services with overall medical care; (vii) to reflect the latest trends in utilization and support the best standards of care; and (viii) to rationally and equitably distribute health care resources across geographic regions of the commonwealth based on the needs of the population on a statewide basis, as well as the needs of particular demographic factors, including, but not limited to, race, ethnicity, immigration status, sexual orientation, gender identity, geographic location, age, language spoken, ability and socioeconomic status.
(c) The council shall provide direction to the department of public health to establish and maintain on a current basis an inventory of all such health care resources together with all other reasonably pertinent information concerning such resources. Agencies of the commonwealth that license, register, regulate or otherwise collect cost, quality or other data concerning health care resources shall cooperate with the council and the department of public health in coordinating such data and information collected pursuant to this section and section 25A of chapter 111. The inventory compiled pursuant to this section and said section 25A of said chapter 111 and all related information shall be maintained in a form usable by the general public and shall constitute a public record; provided, however, that any item of information which is confidential or privileged in nature under any other law shall not be regarded as a public record pursuant to this section.
(d) The council shall establish an advisory committee of not more than 15 members who shall reflect a broad distribution of diverse perspectives on the health care system, including health care providers and provider organizations, public and private third-party payers, consumer representatives and labor organizations representing health care workers. Not fewer than 2 members of the advisory committee shall have expertise in rural health matters and rural health needs in the commonwealth. The advisory committee shall review drafts and provide recommendations to the council during the development of the state health plan described in subsection (b).
(e) Annually, the council, in consultation with the commission and the department of public health, shall conduct at least 4 public hearings, in geographically diverse areas throughout the commonwealth, during the development of the state health plan and shall give interested persons an opportunity to submit their views orally and in writing. In addition, the commission may create and maintain a website to allow members of the public to submit comments electronically and review comments submitted by others.
(f) The council shall publish analyses, reports and interpretations of information collected pursuant to this section to promote awareness of the distribution and nature of health care resources in the commonwealth.
(g) The council shall file annually an interim report by July 1 and annually a final report by January 1 with the joint committee on health care financing concerning the activities of the council in general and, in particular, describing the progress to date in developing the state health plan and recommending such further legislative action as it considers appropriate.
SECTION 8. Section 11N of chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following new subsection:-
(b) The attorney general may, upon a referral by the health policy commission pursuant to section 13 of chapter 6D, investigate and bring any appropriate action, including for injunctive relief, as may be necessary pursuant to chapter 93A or any other law, to restrain unfair methods of competition or unfair and deceptive trade practices by a provider or provider organization.
SECTION 9. The first paragraph of section 25A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Under the direction of the health planning council established in section 22 of chapter 6D, the department shall establish and maintain, on a current basis, an inventory of all health care resources together with all other reasonably pertinent information concerning such resources, in order to identify the location, distribution and nature of all such resources in the commonwealth.
SECTION 10. Said section 25A of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 17 and 18, the words “in a designated office of the department” and inserting in place thereof the following words:- as determined by the health planning council established in section 22 of chapter 6D.
SECTION 11. Said section 25A of said chapter 111, as so appearing, is hereby further amended by striking out the fourth paragraph.
SECTION 12. Section 25C of said chapter 111, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) The department, in making any determination of need, shall be guided by the state health plan and the state health resources inventory established in section 20 of chapter 6D, and shall encourage appropriate allocation of private and public health care resources and the development of alternative or substitute methods of delivering health care services so that adequate health care services will be made reasonably available to every person within the commonwealth at the lowest reasonable aggregate cost. The department shall use data from the center for health information and analysis and information and the report on the cost and market impact review delivered by the health policy commission pursuant to subsection (l) of section 13 of chapter 6D, and shall take into account any comments from any other state agency or entity, and may impose reasonable terms and conditions as the department determines are necessary to achieve the purposes and intent of this section. The department may also recognize the special needs and circumstances of projects that: (i) are essential to the conduct of research in basic biomedical or health care delivery areas or to the training of health care personnel; (ii) are unlikely to result in any increase in the clinical bed capacity or outpatient load capacity of the facility; and (iii) are unlikely to cause an increase in the total patient care charges of the facility to the public for health care services, supplies and accommodations, as such charges shall be defined from time to time in accordance with section 5 of chapter 409 of the acts of 1976.
SECTION 13. Said section 25C of said chapter 111, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) Except in the case of an emergency situation determined by the department as requiring immediate action to prevent further damage to the public health or to a health care facility, the department shall not act upon an application for such determination unless: (i) the application has been on file with the department for at least 30 days; (ii) the center for health information and analysis, the health policy commission, the state and appropriate regional comprehensive health planning agencies and, in the case of long-term care facilities only, the department of elder affairs, or in the case of any facility providing inpatient services for the mentally ill or developmentally disabled, the departments of mental health or developmental services, respectively, have been provided copies of such application and supporting documents and given reasonable opportunity to supply required information and comment on such application; and (iii) a public hearing has been held on such application when requested by the applicant, the state or appropriate regional comprehensive health planning agency, any 10 taxpayers of the commonwealth and any other party of record as defined in section 25C¼. If, in any filing period, an individual application is filed, which would implicitly decide any other application filed during such period, the department shall not act only upon an individual.
SECTION 14. Said chapter 111, as so appearing, is hereby further amended by inserting after section 25C, the following new section:-
Section 25C¼. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Independent community hospital”, any hospital that has been: (i) designated by the health policy commission as an independent community hospital for the year in which an application for a determination of need is filed; or (ii) qualified in the year 2021 as an eligible hospital as defined in subsection (d) of section 63 of chapter 260 of the acts of 2020.
“Party of record”, an applicant for a determination of need; the attorney general; the center for health information and analysis; the health policy commission; any government agency with relevant oversight or licensure authority over the proposed project or components therein; any 10 taxpayers of the commonwealth; or an independent community hospital whose primary service area overlaps with the primary service area of the applicant’s proposed project. A party of record may review an application for determination of need as well as provide written comment for consideration by the department.
“Primary service area”, the contiguous geographic area from which a health care facility draws 75 per cent of its commercial discharges, as measured by the zip codes closest to the facility by drive time, and for which the facility represents a minimum proportion of the total discharges in a zip code, as determined by the department in consultation with the health policy commission and based on the best available data using a methodology determined by the department in consultation with the health policy commission.
“Proposed project”, a project for the construction of a freestanding ambulatory surgery center for which a notice of determination of need is a prerequisite of licensure.
(b) For any application for a determination of need for which the primary service area of the proposed project overlaps with the primary service area of an existing independent community hospital, the applicant shall obtain and include in such application a letter of support from the independent community hospital’s chief executive officer and board chair; provided, however, that a proposed project that constitutes a joint venture between the applicant and the independent community hospital shall be exempt from this subsection. The department shall conduct a preliminary review of each application to determine compliance with this subsection. If the department determines that an application is not in compliance, the department shall identify to the applicant any independent community hospital whose support is required by this subsection, and dismiss said application without prejudice. If the department fails to conduct a preliminary review of an application or fails to dismiss an application that does not satisfy the requirements of this subsection, the independent community hospital whose primary service area overlaps with the primary service area of the proposed project may, within a reasonable period of time, bring a civil action in the nature of mandamus in the superior court to require the department to act in accordance with this subsection.
SECTION 15. Section 25F of said chapter 111, as so appearing, is hereby amended by inserting after the word “care”, in line 7, the following word:- financing.
SECTION 16. Section 25G of said chapter 111, as so appearing, is hereby amended by inserting after the word “agency”, in line 3, the following words:- , an independent community hospital, as defined by section 25C¼, whose primary service area overlaps with the primary service area of a proposed project under said section 25C¼.
SECTION 17. (a) Notwithstanding any general or special law, rule or regulation to the contrary, an applicant for a determination of need whose filing date of such application precedes the effective date of this act shall be required to submit a notice of a material change pursuant to section 13 of chapter 6D of the General Laws if the holder of the determination of need is subject to the requirements of said section 13 of said chapter 6D as amended by this act.
(b) Notwithstanding any general or special law, rule or regulation to the contrary, any determination of need issued to a holder that is subject to a cost and market impact review pursuant to said section 13 of said chapter 6D shall not go into effect until 30 days following the issuance of a final report on the cost and market impact review by the health policy commission.
SECTION 18. Notwithstanding any general or special law, rule or regulation to the contrary, the health planning council established in section 13 of chapter 16D of the General Laws shall submit a state health plan to the governor and the general court, as required by section 22 of chapter 6D of the General Laws, on or before January 1, 2024.
SECTION 19. Notwithstanding any general or special law to the contrary, there shall be a task force to study and provide recommendations regarding the financing of the health policy commission, established in section 2 of chapter 6D of the General Laws.
The task force shall examine the funding sources and assessment algorithm to ensure a sustainable and equitable funding stream for the work of the health policy commission. The study shall include, but not be limited to, reviewing the existing funding mechanisms, identifying additional funding needs, considering additional healthcare stakeholders for whom it may be appropriate to assess and exploring other funding streams. The task force shall engage relevant stakeholders, including, but not limited to, acute hospitals, ambulatory surgical centers and surcharge payors.
The task force shall consist of 5 members: the chairs of the joint committee on health care financing, who shall serve as co-chairs; the secretary of health and human services or a designee; the executive director of the health policy commission or a designee; and the executive director of the center for health information and analysis or a designee.
The task force shall report its findings, along with any recommendations, to the clerks of the house of representatives and senate no later than January 1, 2024.
| Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect independent community hospitals from unfair competition, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act relative to a medical marijuana pilot program | H122 | HD1399 | 193 | {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T12:16:00.38'} | [{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T12:16:00.38'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:44:11.9866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:40:51.43'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:50:29.9266667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:21:26.4366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H122/DocumentHistoryActions | Bill | By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 122) of Alyson M. Sullivan-Almeida and others for legislation to establish a pilot program for veterans to use medical marijuana to treat medical conditions that are currently being treated with opioid-based medicine and combat opioid use disorder. Cannabis Policy. | SECTION 1.
Notwithstanding any general or special law to the contrary, the department of public health shall establish a pilot program for veterans to use medical marijuana to treat medical conditions that are currently being treated with opioid-based medicine and combat opioid use disorder. The program shall be known as the Crosby project and shall have 3 phases
(a) During phase 1, the department shall: (i) conduct research, including but not limited 1) reviewing medical research regarding the administration of medical marijuana, (2) reviewing medical marijuana delivery devices and identifying those devices which may be prescribed to a patient to achieve proper dosing, (3) consulting with veterans’ organizations throughout the United States which promote the use of medical marijuana, including conducting on-site visits, as necessary; (ii) evaluate current medical marijuana programs within the commonwealth, including but not limited to: (1) comparing the commonwealth’s programs with the medical marijuana programs within the United States, (2) evaluating the strengths and weaknesses of said programs, and (3) collaborating with other states who are evaluating medical marijuana programs to combat opiate use disorder; and (iii) develop a basic program structure, including but not limited to: (1) constructing a program outline, (2) developing a list of medical professionals interested in participating in the Crosby project, and (3) conducting a study to find veterans willing and eligible to participate in the Crosby project.
(b) During phase 2, the department shall: (i) launch the pilot program in a physical location in or near Boston , which shall be known as the veterans alternative health and wellness center; (ii) hire appropriate staff for the center, which may include: (1) medical professionals, (2) veterans advocacy case managers, (3) veterans contracted through work therapy programs; and (iii) produce a marketing campaign including local veterans and celebrities to reduce the stigma of medical marijuana. The department may provide additional support for veterans at the center, including: (i) on-site housing, provided in conjunction with non-profit organizations focused on ending homelessness; and (ii) alternative health care, which may include: (1) acupuncture, (2) natural medicine, (3) yoga and (4) massage therapy.
(c) During phase 3, the department shall: (i) evaluate pilot program results; and (ii) develop, with the use of pilot program results, and construct a statewide civilian pilot program to use medical marijuana to treat medical conditions that are currently being treated with opioid- based medicine and combat opioid use disorder.
SECTION 2. The department shall compile a report detailing its research findings and the program outline and shall submit that report to not later than December 31, 2024.
| null | [] | [] | [] | [] |
An Act relative to healthcare industry recruitment and education for the 21st Century | H1220 | HD1549 | 193 | {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-17T13:40:51.283'} | [{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-17T13:40:51.2833333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-31T14:58:24.53'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:35:39.3733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:35:39.3733333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-06-01T10:36:59.4466667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1220/DocumentHistoryActions | Bill | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1220) of John J. Lawn, Jr., and others for legislation to establish a healthcare industry recruitment and education advisory council. Health Care Financing. | SECTION 1. Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 16FF the following section:-
Section 16GG. (a) There shall be a healthcare industry recruitment and education advisory council within, but not subject to control of, the executive office of health and human services. The council shall advise the governor and the general court, and shall assist in informing the work of the secretary of education, the secretary of health and human services, the secretary of labor and workforce development and the secretary of housing and economic development on issues relating to the Healthcare Industry Recruitment and Education Fund, hereinafter referred to as the HIRE Fund, pursuant to section 2BBBBBB of chapter 29.
(b) The council shall: (i) confer with participants and parties involved with primary and behavioral healthcare planning and programming; (ii) assess how to increase student interest in, and preparation for, careers in primary and behavioral healthcare; and (iii) advise on the creation, implementation of and updates to initiatives that contain clear goals and objectives to guide future efforts of the HIRE Fund, including the creation of benchmarks for improvements.
(c) The council shall consist of 23 members. The members of the council shall be appointed by the governor and shall serve without compensation. Council members shall be persons with demonstrated interest, experience and expertise in primary and behavioral healthcare and shall include: the secretary of health and human services, who shall serve as chair out the council and the executive committee, or a designee; the commissioner of the department of mental health, or a designee; the director of health equity, or a designee; the president of the University of Massachusetts Medical School, or a designee; the president of the Massachusetts College of Pharmacy & Health Sciences, or a designee; the dean of Tufts University’s School of Dental Medicine, or a designee; a president of a private university or a designee; a president of a public community college or a designee; the president of the Provider’s Council, or a designee; a member of the Conference of Boston Teaching Hospitals; a member of the Massachusetts Association of Schools Committees; a member of the Massachusetts Association of Regional Schools; a member of the Massachusetts Association of School Superintendents; a member of the National Association for the Advancement of Colored People; a member of the Union of Minority Neighborhoods; a member of the Massachusetts Cultural Council; a member of the Massachusetts Commission on the Status of Women; a member of the National Association of Social Workers; a member of Local 509, S.E.I.U; a member of Local 1199 S.E.I.U.; a mental health provider; a representative of persons with disabilities and a representative of the elder community
(d) The council shall establish an executive committee which shall consist of 9 members who shall provide guidance on the recommendations of the council and plan future meetings and initiatives. The chair shall determine the membership of the executive committee and shall designate subcommittees to focus on particular challenges facing primary and behavioral healthcare education and the primary and behavioral healthcare workforce. The council shall meet at least bimonthly, and at other times as determined by its rules. The executive committee shall meet at such times and places as determined by the chair. The council shall annually submit its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect no later than March 31 by filing the same with the governor and the clerks of the senate and house of representatives.
SECTION 2. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2AAAAAA the following section:-
Section 2BBBBBB. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Healthcare Industry Recruitment and Education Fund, hereinafter referred to as the HIRE Fund, to which shall be credited all revenue received from the excise imposed by chapters 63E and 63F; any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; any interest earned on such revenues; and any funds provided from other sources. The secretary of health and human services, as trustee, shall administer the fund, in consultation with the HIRE advisory council established in section 16GG of chapter 6A, The secretary shall, without further appropriation, make expenditures from the HIRE Fund consistent with this section, provided, that the secretary shall annually award not less than 30 per cent of the expenditures from the fund through a statewide competitive grant process to eligible institutions of higher education; kindergarten to grade 12, inclusive, and vocational education institutions; private for-profit and nonprofit organizations providing education and workforce training, 1-stop career centers; local workforce development entities; and any partnership or collaboration between eligible applicants and health care providers for the purpose of financing projects (1) to construct, improve, renovate, enlarge or equip classroom and clinical laboratory facilities to create multi-disciplinary instructional spaces; (2) expand the enrollment capacity of health profession certificate, associate, baccalaureate, masters and doctoral degree programs; and (3) establish faculty pipeline programs to address shortages in full-time and part-time faculty in the health sciences at institutions of higher education. All rules and regulations promulgated by the department shall comply with chapter 30A
(b) The public purpose of the HIRE Fund shall be to increase the diversity of the primary and behavioral healthcare workforce by providing mentorship, academic enrichment, leadership development and career exposure to disadvantaged and minority youth. In furtherance of this public purpose, and in a manner consistent with the recommendations of the council, the secretary of health and human services shall employ the HIRE Fund through grants and other disbursements and activities that are calculated to improve educational offerings available in low-income schools or schools districts. The grants and other disbursements and activities may support, without limitation: (i) the development and use of innovative curricula, courses and programs for new teachers and in-service teachers that provide appropriate and culturally competent primary and behavioral healthcare content; (ii) develop a primary and behavioral healthcare network to create, implement, share and make broadly and publicly available the best practices and innovative programs relative to primary and behavioral healthcare and expand student interest in primary care and behavioral healthcare studies; (iii) give priority to grants that provide effective culturally competent course and curricula in low income schools or school districts; and (iv) create summer programs for high school students, with appropriate stipends, that would allow interested and motivated students to intern in private or nonprofit healthcare and behavioral healthcare entities or in public programs that are in a position to further their interest, knowledge and experience in the fields of primary and behavioral healthcare; provided, that priority for the summer programs shall be given to students in groups that are presently underrepresented in these fields including, but not limited to, persons of color, women, and those whose native language is not English.
(c) Subject to appropriation from the HIRE Fund, the Massachusetts Academy of Sciences shall partner with the University of Massachusetts medical school and behavioral health providers in the regions being served to establish a program which shall consist of mobile health labs. One mobile lab shall be assigned and designated for each of the following 5 regions: metropolitan Boston, western Massachusetts, central Massachusetts, northeastern Massachusetts and southeastern Massachusetts. The mission of the Massachusetts Academy of Sciences shall be to encourage students to consider careers in primary and behavioral healthcare by participating in enhanced primary and behavioral healthcare courses through the use of the mobile labs.
(d) The secretary of health and human services shall, in consultation with the council, promulgate policies, rules and regulations for the administration and implementation of subsections (a) and (b). The secretary shall file any policies, rules and regulations with the joint committee on health care financing, the joint committee on public health, the joint committee on mental health and substance abuse, the joint committee on education, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development for review and comment at least 30 days before the effective date of the policies, rules or regulations.
(e) The secretary of health and human services may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be deficient at the close of a fiscal year. Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the general fund and shall be available for expenditure in the following fiscal year.
(f) The secretary of health and human services shall file a quarterly report with the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on public health, the joint committee on education, the joint committee on mental health and substance abuse, the joint committee on economic development and emerging technologies and the joint committee on labor and workforce development on the following: (i) a list of grant recipients, (ii) the associated grant amounts, (iii) the amounts of non-state funding leveraged as a result of the grants, (iv) the purposes of the grants, (v) an annual statement of cash inflows and outflows detailing the sources and uses of funds, (vi) a forecast of future payments based on current binding obligations, and (vii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 3. Chapter 62C of the General Laws is hereby amended by inserting after section 14 the following 2 sections:-
Section 14A. Every independent institution of higher education subject to the excise imposed pursuant to chapter 63E shall, on or before April fifteenth of each year make a return for the preceding taxable year giving such information as the commissioner deems necessary for the computation and collection of the excise imposed pursuant to said chapter.
Section 14B. Every private school subject to subject to the excise imposed pursuant to chapter 63F shall, on or before April fifteenth of each year make a return for the preceding taxable year giving such information as the commissioner deems necessary for the computation and collection of the excise imposed pursuant to said chapter.
SECTION 4. The General Laws are hereby amended by inserting after chapter 63D the following chapter:-
Chapter 63E. Independent Institution of Higher Education Endowment Excise Tax
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Commissioner”, the commissioner of revenue.
“Endowment fund“, an established fund of cash, securities, or other assets to provide income for the maintenance of an independent institution of higher education and that are held by the institution, organizations formed and maintained exclusively to further one or more exempt purposes of the institution, and organizations that hold endowment funds for the benefit of the institution; provided, however, that “endowment fund” shall include assets classified as an endowment fund according to the current version of the Accounting Standards Codification of the Financial Accounting Standards Board.
"Financial Accounting Standards Board" means the board recognized by the American Institute of Certified Public Accountants and the United States Securities and Exchange Commission to have the authority to set and specify generally accepted accounting principles, or any successor or replacement entity.
“Independent institution of higher education”, any institution maintained or conducted by any person, association, partnership, corporation, or trust, other than institutions within the public system of higher education as set forth in section 5 of chapter 15A, chartered, located, offering courses or otherwise doing business within the commonwealth and authorized to grant degrees pursuant to any general or special law.
Section 2. Notwithstanding any special or general law to the contrary, every independent institution of higher education in the commonwealth shall annually pay an excise equal to 2 per cent of the aggregate fair market value of the assets held in established endowment funds in the preceding taxable year.
Section 3. Every independent institution of higher education shall pay the excise to the commissioner at the time provided for filing the returns required under section 14A of chapter 62C.
Section 4. All sums received from the excise imposed on a independent institution of higher education pursuant to this chapter shall be credited to the Healthcare Industry Recruitment and Education Fund established pursuant to 2BBBBBB of chapter 29.
Section 5. The commissioner shall promulgate rules and regulations for assessing, reporting, collecting, remitting and enforcing the excise imposed pursuant to this chapter.
SECTION 5. The General Laws are hereby amended by inserting after chapter 63E, inserted by section 4 of this act, the following chapter:-
Chapter 63F. Private School Endowment Excise Tax
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Commissioner”, the commissioner of revenue.
“Endowment fund“, an established fund of cash, securities, or other assets to provide income for the maintenance of private elementary school or private secondary school and that are held by the school, organizations formed and maintained exclusively to further one or more exempt purposes of the school, and organizations that hold endowment funds for the benefit of the school; provided, however, that “endowment fund” shall include assets classified as an endowment fund according to the current version of the Accounting Standards Codification of the Financial Accounting Standards Board.
"Financial Accounting Standards Board" means the board recognized by the American Institute of Certified Public Accountants and the United States Securities and Exchange Commission to have the authority to set and specify generally accepted accounting principles, or any successor or replacement entity.
“Private elementary school”, a private school providing instruction to grades kindergarten one through five, six, seven, or eight, and, may also include a middle school or other intermediate level school providing instruction to grades five through eight or any combination thereof.
“Private school”, any private elementary school or private secondary school maintained or conducted by any person, association, partnership, corporation, or trust and located in the Commonwealth pursuant to any general or special law.
“Private secondary school” shall a private school providing instruction to grades six through twelve, or any combination of those grades, except where a school has designated a middle or other intermediate level school providing instruction to grades five through eight, or any combination thereof, as an elementary school.
Section 2. Notwithstanding any special or general law to the contrary, every private school in the commonwealth shall annually pay an excise equal to 1 per cent of the aggregate fair market value of the assets held in established endowment funds in the preceding taxable year.
Section 3. Every private school shall pay the excise to the commissioner at the time provided for filing the returns required under section 14B of chapter 62C.
Section 4. All sums received from the excise imposed pursuant to this chapter shall be credited to the Healthcare Industry Recruitment and Education Fund established pursuant to 2BBBBBB of chapter 29.
Section 5. The commissioner shall promulgate rules and regulations for assessing, reporting, collecting, remitting and enforcing the excise imposed pursuant to this chapter.
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An Act ensuring protections for physicians and hospitals that contract with Medicaid managed care organizations | H1221 | HD817 | 193 | {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:36:15.183'} | [{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-17T13:36:15.1833333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1221/DocumentHistoryActions | Bill | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1221) of David Paul Linsky relative to physicians and hospitals that contract with Medicaid managed care organizations. Health Care Financing. | SECTION 1. Section 12 of Chapter 118E of the General Laws, is hereby amended by inserting after the last paragraph the following paragraph:-
Reimbursement from managed care organizations that contract with the executive office for hospital and physician services provided to beneficiaries under this chapter shall be subject to negotiation between providers of medical services and managed care organizations and shall not be limited or determined through contracts between the executive office and managed care organizations, including accountable care organizations and dual-eligible health plans.
SECTION 2. The last sentence of the first paragraph of Section 13E1/2 of Chapter 118E of the General Laws, is hereby amended by inserting after the word “services” the following words:-
provided further, that acute hospital and non-acute hospital reimbursement from managed care organizations that contract with the executive office shall for health services provided to beneficiaries under this chapter be subject to negotiation between those hospitals and managed care organizations and shall not be limited or determined through contracts between the executive office and managed care organizations, including accountable care organizations and dual-eligible health plans.
SECTION 3. Section 13F of Chapter 118E of the General Laws, is hereby amended by inserting after subsection c the following subsection:-
(d) the executive office shall not, in its contracts with acute hospitals and non-acute hospitals or through any other rule or regulation, require hospitals to accept fee-for-service rates established by the office of Medicaid for non-emergency services provided to beneficiaries enrolled in managed care organizations including for accountable care organizations and dual-eligible health plans. The office may require hospitals that are not in a managed care organization’s provider network to accept fee-for-service rates established by the office for emergency services only.
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An Act to ensure uniform and transparent reporting of medical debt data | H1222 | HD3260 | 193 | {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-19T23:17:49.91'} | [{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-19T23:17:49.91'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-03-22T16:38:03.4566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-22T16:38:03.4566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-22T16:38:03.4566667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-19T09:32:30.87'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T10:26:44.01'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1222/DocumentHistoryActions | Bill | By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 1222) of John J. Mahoney for legislation to establish an electronic system of public reporting for providers as a prerequisite condition for advancing overdue medical bills to debt collection agencies. Health Care Financing. | SECTION 1. Chapter 12C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in 1 the following new definitions: -
“Medical debt”, any debt owed for goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services including the financing or an extension of credit by a third party for the sole purpose of purchasing goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services.
“Significant medical debt”, any medical debt owed by an individual exceeding $200.
SECTION 2. Chapter 12C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 24 the following new section:-
“SECTION 25. Uniform medical debt reporting system.
(a) The center shall coordinate with the public health council, the boards of registration for
providers, the commission board, and the state finance and governance board to develop a uniform and interoperable electronic system of public reporting for providers as a prerequisite condition for advancing overdue medical bills to a debt collection agency.
(b) The uniform medical debt reporting system shall include information designed to advise on policy relating to medical debt. The uniform medical debt reporting system shall also ensure a comprehensive and transparent analysis of demographic data as it relates to medical debt including, but not limited to, rates of medical debt carried in the following demographics: (1) race; (2) sex, gender identity, and sexual orientation; (2) disability status; (3) criminal record; (4) health status; (5) family and individual income level; (6) education; (7) nation of origin; (8) region of residence in the commonwealth; (8) individual and family health insurance status; (8) veteran status; (9) age group; (10) chronic condition status; (11) education level; (12) primary language; and (13) times between procedures and reporting of debt to a collection agency.
(c) The purpose of the uniform medical debt reporting system is to reduce the adverse effects of medical debt and to protect patients in matters related to medical creditors, medical debt buyers, and medical debt collectors with respect to such debt. As such, the center shall collect and analyze data on all aspects related to the purposes of this section including, but not limited to, trends of medical debt assignment and collection per provider; rates of medical debt qualifying as “significant” as defined in chapter 12C, section 1; the relative concentration of individual and family debt per person as compared to the total amount of medical debt in the commonwealth; any risks associated with masking medical debt data; the impact of medical debt data on public health and welfare; and dating relating to the rate at which those carrying medical debts successfully settle such debt.
(d) The center may centralize the uniform medical debt reporting system or create a central portal for public access to the medical debt data and information. The uniform medical debt reporting system shall be accessible to other state agencies and authorities including, but not limited to, the commission, the secretary for the executive office of health and human services, the department of public health, and the state finance and governance board.
(e) The center shall promptly make available to the secretary of the executive office of health and human services all data pursuant to paragraph (a) of this section prior to a provider sending such debt information to a collection agency.”
(f) The center shall coordinate with the commission, through its oversight and control of the Healthcare Payment Reform Fund pursuant to chapter 6D, section 7, to receive reimbursement funds for the purposes of executing the uniform medical debt reporting system as established in this section.
SECTION 3. Section 52 of chapter 93 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after clause (6) the following clause:-
(7) Information concerning medical debt arising from the receipt of health care services.
SECTION 4. Said section 52 of said chapter 93 of the General Laws, as so appearing is further
amended by striking subsection (b) and inserting in place thereof the following subsection:-
(b) Except for subsection (7), the provisions of subsection (a) are not applicable in the case of any consumer credit report to be used in connection with –
(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; or
(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more.
SECTION 5. Chapter 93, section 52 of the General Laws, as appearing in the 2020 Official Edition, hereby amended by inserting after subsection (a)(6) the following new subsection:-
(7) Medical debt which has:
(a) not yet been reported to the secretary of the executive office of health and human services pursuant to chapter 12C, section 25, subsection c;
(b) already been fully paid or settled; or
(c) existed for less than one year from the date of first acquisition.
SECTION 6. Chapter 6D, section 7 of the General Laws, as appearing in the 2020 Official Edition, hereby amended by inserting after subsection (d)(v) and before subsection (d)(vi), which shall now be amended as subsection (d)(vii), the following new subsection:-
(vi) to reimburse the center for health information analysis on all funds expended for the purposes of executing the uniform medical debt reporting system established in chapter 12C, section 25.
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An Act to ensure access and continuity of care to specialist and hospital services for dual eligibles | H1223 | HD1394 | 193 | {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-12T11:53:32.51'} | [{'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-12T11:53:32.51'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T09:54:07.4366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1223/DocumentHistoryActions | Bill | By Representative McGonagle of Everett, a petition (accompanied by bill, House, No. 1223) of Joseph W. McGonagle, Jr., and Sal N. DiDomenico for legislation to ensure medical assistance access and continuity of care to specialist and hospital services for dually eligible individuals. Health Care Financing. | SECTION 1. Section 9d of Chapter 118E of the general laws is hereby amended by adding the following new paragraph (r):
(r) To ensure access to specialist and hospital care for dually eligible individuals residing in the Commonwealth, any dually eligible individual shall be permitted to receive health care services from any specialist or hospital provider in the Commonwealth that participates in and is enrolled in Medicare or MassHealth, irrespective of any health plan or provider network limitation and subject to all other terms and conditions of the member’s benefit plan. In such situations where an existing contractual relationship between the health plan and the hospital or specialist provider does not exist, the provider shall be reimbursed by the One Care or SCO plan at the Medicare or MassHealth fee-for-service amount for the service rendered, as applicable, unless the plan and provider already have a contract agreement in place for the covered service, or mutually agree to a different reimbursement amount for the service.
(r-1) To ensure continued access to primary, specialist, and hospital care for our most vulnerable members MassHealth shall require any One Care or SCO plan and provider that has terminated a contract that includes the provision of health care services to One Care or SCO members, to allow impacted members to continue to receive services from their primary care, specialist provider, or any inpatient or outpatient hospital subject to the termination, under the terms of the pre-existing contract, for twelve months following the expiration of any continuity of care requirements that may follow the contractual termination. During this period, plans shall be required to maintain all contractual terms and conditions that were in effect with the provider prior to the notice of termination being sent by either party, including but not limited to reimbursement, unless mutually agreed upon by the plan and the provider. Plans and providers shall be prohibited from using this provision to avoid using good faith efforts to negotiate contractual arrangements.
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An Act relative to state funding of certain nonprofits | H1224 | HD245 | 193 | {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T12:01:39.7'} | [{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T12:01:39.7'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1224/DocumentHistoryActions | Bill | By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 1224) of Joseph D. McKenna for legislation to prohibit the use of state funds for Planned Parenthood Federation of America. Health Care Financing. | Section XX. Notwithstanding any other provision of law, no state funds may be made available to Planned Parenthood Federation of America, or to any of its affiliates.
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An Act providing access to patient protection services for MassHealth consumers | H1225 | HD2507 | 193 | {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-18T15:58:25.273'} | [{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-18T15:58:25.2733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1225/DocumentHistoryActions | Bill | By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1225) of Samantha Montaño relative to access to patient protection services for MassHealth consumers. Health Care Financing. | SECTION 1. Section 47 of Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the third paragraph the following new paragraph:-
Notwithstanding the provision of any general or special law to the contrary, every person covered by the division of medical assistance, its contracted health plans, health maintenance organizations, behavioral health management firms, and third-party administrators under contract to a medicaid managed care organization or primary care clinician plan shall have access to the standards and procedures established under sections 12, 13, and 14 of chapter 176O. Such standards shall be administered and enforced by the office of patient protection established by section 16 of chapter 6D. The executive office of health and human services and the division of medical assistance shall request waivers from any federal laws or regulations that impede the effective implementation of this act.
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An Act to promote graduate medical education | H1226 | HD482 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:21:06.67'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:21:06.67'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T10:14:16.76'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T14:19:34.4133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-31T10:56:35.6133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T10:56:35.6133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T13:57:04.08'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-01T10:04:24.5166667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T15:33:54.1433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T13:27:45.3866667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:27:45.3866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-06T10:36:41.5633333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:17:34.95'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:49:21.7366667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:14.3466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T16:32:39.06'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T10:28:29.6766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T14:17:44.31'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-15T09:32:58.9733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T09:32:20.17'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T15:22:27.36'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1226/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1226) of Frank A. Moran and others that MassHealth make payments for certain graduate medical education training. Health Care Financing. | Chapter 118E of the general laws is amended by adding at the end thereof, the following new section:
Section 78. MassHealth shall make Graduate Medical Education payments for primary care, behavioral health, and other physician shortage professions residency training. Eligible recipients shall include community health centers and hospitals licensed in the Commonwealth.
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An Act to reduce racial and ethnic health disparities through commercial rate equity for safety net hospitals | H1227 | HD808 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-17T13:28:29.933'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-17T13:28:29.9333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T19:26:22.95'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:59:34.6433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-24T12:33:02.3033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-24T12:33:02.3033333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-24T13:40:58.6166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-27T09:47:38.0533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T09:47:38.0533333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-28T11:44:46.9166667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-03-01T09:54:18.8066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T16:11:35.6533333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T15:06:02.2366667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-08T14:16:37.2633333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-08-30T16:20:59.7833333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-10-11T10:48:09.39'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1227/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1227) of Frank A. Moran and others for legislation to promote health equity for certain acute care hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status. Health Care Financing. | SECTION 1. Chapter 176J of the General Laws is hereby amended in section 6 in subsection (c), as so appearing, by adding at the end thereof the following:-
The subscriber contracts, rates and evidence of coverage for health benefit plans shall be subject to the disapproval of the commissioner of insurance. To promote health equity and access through commercial rate equity for high Medicaid safety net acute hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status or other status, for all commercial insured health benefit plan rates effective for rate years on and after January 1, 2023, the carrier's health benefit plan rates filed with the division of insurance are considered presumptively disapproved if the carrier's network provider reimbursement rates, inclusive of rates and targets within re-based alternative payment contracts, do not reimburse high Medicaid acute hospitals, defined as acute care hospitals with a fiscal year 2020 Medicaid payer mix at or above 25 per cent calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles, at or greater than the carrier’s statewide average commercial relative price calculated separately for acute hospital inpatient and outpatient services in accordance with requirements established by the division of insurance, based on the most recent relative price analysis by the center for health information and analysis. Carriers shall annually certify and provide hospital-specific evidence to the division of insurance that each high Medicaid acute hospital’s rates meet a minimum threshold of the carrier’s statewide average commercial relative price individually calculated for inpatient and outpatient services.
SECTION 2. Chapter 176A of the General Laws is hereby amended in section 6, as so appearing, by adding the following after the word “discriminatory”:-
The subscriber contracts, rates and evidence of coverage for health benefit plans shall be subject to the disapproval of the commissioner of insurance. To promote health equity and access through commercial rate equity for high Medicaid safety net acute hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status or other status, for all commercial insured health benefit plan rates effective for rate years on and after January 1, 2023, the carrier's health benefit plan rates filed with the division of insurance are considered presumptively disapproved if the carrier's network provider reimbursement rates, inclusive of rates and targets within alternative payment contracts, do not reimburse high Medicaid acute hospitals, defined as acute care hospitals with a fiscal year 2020 Medicaid payer mix at or above 25 per cent calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles, at or greater than the carrier’s statewide average commercial relative price calculated separately for acute hospital inpatient and outpatient services in accordance with requirements established by the division of insurance, based on the most recent relative price analysis by the center for health information and analysis. Carriers shall annually certify and provide hospital-specific evidence to the division of insurance that each high Medicaid acute hospital’s rates meet a minimum threshold of the carrier’s statewide average commercial relative price individually calculated for inpatient and outpatient services.
SECTION 3. Chapter 176B of the General Laws is hereby amended in section 4, as so appearing, by inserting the following after the word “discriminatory”:-
The subscriber contracts, rates and evidence of coverage for health benefit plans shall be subject to the disapproval of the commissioner of insurance. To promote health equity and access through commercial rate equity for high Medicaid safety net acute hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status or other status, for all commercial insured health benefit plan rates effective for rate years on and after January 1, 2023, the carrier's health benefit plan rates filed with the division of insurance are considered presumptively disapproved if the carrier's network provider reimbursement rates, inclusive of rates and targets within alternative payment contracts, do not reimburse high Medicaid acute hospitals, defined as acute care hospitals with a fiscal year 2020 Medicaid payer mix at or above 25 per cent calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles, at or greater than the carrier’s statewide average commercial relative price calculated separately for acute hospital inpatient and outpatient services in accordance with requirements established by the division of insurance, based on the most recent relative price analysis by the center for health information and analysis. Carriers shall annually certify and provide hospital-specific evidence to the division of insurance that each high Medicaid acute hospital’s rates meet a minimum threshold of the carrier’s statewide average commercial relative price individually calculated for inpatient and outpatient services.
SECTION 4. Chapter 176G of the General Laws is hereby amended in section 16, as so appearing, by inserting the following after the word “reasonable”:-
To promote health equity and access through commercial rate equity for high Medicaid safety net acute hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status or other status, for all commercial insured health benefit plan rates effective for rate years on and after January 1, 2023, the carrier's health benefit plan rates filed with the division of insurance are considered presumptively disapproved if the carrier's network provider reimbursement rates, inclusive of rates and targets within alternative payment contracts, do not reimburse high Medicaid acute hospitals, defined as acute care hospitals with a fiscal year 2020 Medicaid payer mix at or above 25 per cent calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles, at or greater than the carrier’s statewide average commercial relative price calculated separately for acute hospital inpatient and outpatient services in accordance with requirements established by the division of insurance, based on the most recent relative price analysis by the center for health information and analysis. Carriers shall annually certify and provide hospital-specific evidence to the division of insurance that each high Medicaid acute hospital’s rates meet a minimum threshold of the carrier’s statewide average commercial relative price individually calculated for inpatient and outpatient services.
SECTION 5. Chapter 175 of the General Laws is hereby amended by adding the following new section:-
Section 229. Approval of Contracts
The subscriber contracts, rates and evidence of coverage for health benefit plans shall be subject to the disapproval of the commissioner of insurance. No such contracts shall be approved if the benefits provided therein are unreasonable in relation to the rate charged, or if the rates are excessive, inadequate, or unfairly discriminatory.
To promote health equity and access through commercial rate equity for high Medicaid safety net acute hospitals that predominantly serve communities that experience health disparities as a result of race, ethnicity, socioeconomic status or other status, for all commercial insured health benefit plan rates effective for rate years on and after January 1, 2023, the carrier's health benefit plan rates filed with the division of insurance are considered presumptively disapproved if the carrier's network provider reimbursement rates, inclusive of rates and targets within alternative payment contracts, do not reimburse high Medicaid acute hospitals, defined as acute care hospitals with a fiscal year 2020 Medicaid payer mix at or above 25 per cent calculated using data published by the center for health information and analysis in April 2022 in its databook titled Massachusetts Hospital Profiles, at or greater than the carrier’s statewide average commercial relative price calculated separately for acute hospital inpatient and outpatient services in accordance with requirements established by the division of insurance, based on the most recent relative price analysis by the center for health information and analysis. Carriers shall annually certify and provide hospital-specific evidence to the division of insurance that each high Medicaid acute hospital’s rates meet a minimum threshold of the carrier’s statewide average commercial relative price individually calculated for inpatient and outpatient services.
SECTION 6. The rules or regulations necessary to carry out this act shall be adopted not later than May 1, 2023 or not later than 90 days after the effective date of this act, whichever is sooner.
SECTION 7. Sections 1, 2, 3, 4, 5 to 6, inclusive, shall take effect immediately upon the effective date of this act.
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An Act to prohibit inappropriate use of the state health care cost benchmark | H1228 | HD2082 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T10:16:15.237'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T10:16:15.2366667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:58:58.5033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1228/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1228) of Frank A. Moran and Estela A. Reyes relative to the ability of the healthcare providers to negotiate rate increases with carriers. Health Care Financing. | SECTION 1:
Section 9A of chapter 176O is hereby amended by adding the following:
(f) limits the ability of the health care provider to negotiate a rate increase with a carrier that exceeds the healthcare cost growth benchmark as established in Chapter 6D of section 9 of the general laws.
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An Act relative to the fair treatment of life estates in MassHealth eligibility | H1229 | HD856 | 193 | {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:07:41.183'} | [{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:07:41.1833333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-17T11:33:07.9833333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-12T21:34:33.1933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:41:34.4066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:25:47.2433333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1229/DocumentHistoryActions | Bill | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1229) of Brian W. Murray, Kay Khan and Kate Lipper-Garabedian relative to the treatment of life estates in MassHealth eligibility. Health Care Financing. | SECTION 1. Section 28 of chapter 118E of the general laws is hereby amended by adding at the end thereof the following:-
“In determining the eligibility of an individual who has disposed of a life estate or remainder interest in property, the Division shall determine the percentage interest of such life estate or remainder interest in accordance with federal internal revenue service regulations governing the valuation of annuities, interests for life or term of years, and remainder or reversionary interests.”
SECTION 2. Section 31 of said chapter 118E is hereby amended in subsection (d) by inserting after the word “sold.” the following:-
“If the property against which the division has a lien or encumbrance is a life estate or remainder interest, the percentage interest against which the division may recover upon a sale shall be determined in accordance with federal internal revenue service regulations governing the valuation of annuities, interests for life or term of years, and remainder or reversionary interests.”
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An Act to create cannabis career pathways to incarcerated individuals | H123 | HD3852 | 193 | {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T14:56:12.743'} | [{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T14:56:12.7433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:16:41.7866667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-14T12:16:41.7866667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:55:13.31'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H123/DocumentHistoryActions | Bill | By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 123) of Chynah Tyler, Lindsay N. Sabadosa and Jon Santiago that the Cannabis Control Commission conduct a study on programs and partnerships to encourage the employment of formerly incarcerated individuals in the cannabis industry. Cannabis Policy. | SECTION 1. (a) The cannabis control commission, in consultation with the department of corrections, the university of massachsuetts, and the executive office of housing and ecnomoic development shall, shall (i) conduct a study on programs and partnerships to encourage the employment of formerly incarcerated individuals in the cannabis industry, including trainings and educational programs conductred within houses of correction, jails, priosons, and after release. and report the findins of that study no later than Dec. 31, 2024 and (ii) develop a pilot program to create career pathways in the cannabis industry for incarcerated and formerly incarcerated individuals.no later than Dec. 31, 2025.
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An Act to stabilize adult day health services | H1230 | HD1827 | 193 | {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-18T18:28:47.587'} | [{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-18T18:28:47.5866667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-17T11:32:57.5633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1230/DocumentHistoryActions | Bill | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1230) of Brian W. Murray and James J. O'Day for legislation to stabilize adult day health services. Health Care Financing. | SECTION 1 Chapter 118 E, Section 13C is hereby amended by inserting at the end thereof the following:
The secretary of the executive office shall have the responsibility for establishing rates of payment for Adult Day Health Services which are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated Adult Day Health Service providers in providing Adult Day Health Services in conformity with federal and state law, regulations and quality and safety standards; provided, that the secretary may designate another governmental unit to perform such ratemaking functions. When establishing rates of payment for Adult Day Health Services, the secretary of the executive office shall adjust rates to take into account factors, including, but not limited to: (i) the reasonable cost to Adult Day Health Service providers of any existing or new governmental mandate that has been enacted, promulgated or imposed by any governmental unit or federal governmental authority; (ii) a cost adjustment factor, to reflect changes in reasonable costs of goods, services, and transportation, of Adult Day Health programs including those attributed to wages and benefits, which shall not be less than the HCP CPI; (iii) establishing wages and benefits comparable to direct care staff in other health care settings; and (iv) Individual ADH Provider differences in real estate and capital costs, including rent, furniture, fixtures, and equipment, and any other capital costs.
SECTION 2 Chapter 118E, Section 13D is amended after the second paragraph by inserting the following:
Such rates for Adult Day Services shall be established as of July 1 biennially.
SECTION 3 Chapter 118E, Section 13D is amended by inserting at the end thereof the following:
Notwithstanding the provisions of any general or special law to the contrary, MassHealth shall reimburse Adult Day Health Programs to reserve a program slot for members for up to 20 medical leave-of-absence days per year and for up to 10 non-medical leave-of-absence annually; provided further, that no Adult Day Health Programs shall reassign a participant’s slot during a leave of absence that is eligible for reimbursement under this section. A medical leave of absence shall include any medically necessary absence on a schedule day, a non-medical leave of absence shall include any other absence on a scheduled day.
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An Act to promote an enhanced care worker minimum wage | H1231 | HD636 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:46:15.477'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T21:46:15.4766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T15:40:15.89'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T10:10:34.7833333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T18:27:02.56'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-06T15:58:09.7566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T15:57:05.01'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-17T14:59:44.21'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T11:10:06.7'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-14T14:46:55.97'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T10:48:20.67'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:12:45.7666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:17:29.4633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:24:13.13'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T13:22:58.38'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:24:01.5666667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:38:07.9833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T18:13:26.61'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:24:03.9566667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T11:51:31.61'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T12:55:58.7033333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:13:54.3666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T12:06:30.1733333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T21:14:01.38'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:34:04.6166667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T09:54:20.4433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T09:49:47.3333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:13:19.46'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:54:22.5533333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:26:27.3533333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-07T09:16:17.8833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T14:49:16.5166667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-07T15:23:33.66'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:00:33.1133333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T11:02:49.6266667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T13:42:42.8366667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T10:49:30.4533333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-25T10:35:23.93'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-26T16:17:21.0933333'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:28:17.2'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T15:42:40.7666667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-05-19T16:23:27.6633333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-15T15:14:38.9633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:57:02.54'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:23:36.0533333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:48:45.05'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:43:39.34'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:07:10.3166667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-07-14T11:18:43.36'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:52:03.8666667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T11:01:19.9933333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-26T15:22:31.5166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:49:39.74'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1231/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1231) of Tram T. Nguyen and others relative to increasing the rates of payment for certain social service programs to promote an enhanced care worker minimum wage. Health Care Financing. | SECTION 1. Section 13C of Chapter 118E of the General Laws is amended after the second paragraph by inserting the following new paragraphs:-
In establishing such rates of payment pursuant to the second paragraph of this section and in implementing rate regulations, the secretary of the executive office shall require that the minimum wage paid to employees of social service program providers receiving such payments shall be no less than 140 percent of the statewide minimum wage. When establishing rates of payment for social service programs, the secretary of the executive office shall adjust such rates of payment to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage.
Prior to establishing such rates of payment pursuant to the second paragraph of this section and prior to the issuance of proposed regulations, the secretary of the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from social service program providers, social service program workers, labor organizations representing social service program workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for employees of social service program providers. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.
SECTION 2. Section 4 of Chapter 19A of the General Laws is amended by adding after Section 4D the following new section:-
Section 4E: In establishing rates of payment for homemaker and personal care homemaker services pursuant to the second paragraph of section 13C of chapter 118E of the M.G.L. and in implementing rate regulations, the executive office shall require by that the minimum wage paid to employees of home care agencies providing such services shall be no less than 140 percent of the statewide minimum wage. When establishing rates of payment for homemaker and personal care homemaker services pursuant, the executive office shall adjust such rates to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage. Nothing in this section shall be construed as limiting consideration of other governmental mandates or operating costs that affect the cost of providing services pursuant to section 4 of chapter 19A of the General Laws.
Prior to establishing such rates of payment and prior to the issuance of proposed regulations, the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from homemaker and personal care homemaker service providers, homemakers, personal care homemakers, labor organizations representing such workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for homemakers and personal care homemakers. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.
SECTION 3. Section 13D of Chapter 118E of the General Laws is amended after the second paragraph by inserting the following new paragraphs:-
In establishing such rates for nursing homes and rest homes and in implementing rate regulations, the executive office shall require that the minimum wage paid to employees of nursing homes and rest homes receiving such payments shall be no less than 140 percent of the statewide minimum wage. When establishing rates of payment for nursing homes and rest homes, the executive office shall adjust such rates to ensure that the rates fully account for the cost to providers of paying such enhanced minimum wage.
Prior to establishing such rates for nursing homes and rest homes and prior to the issuance of proposed regulations, the executive office shall hold hearings that are open to the public. Such public hearings shall solicit input from nursing home and rest home operators, nursing home and rest home workers, labor organizations representing nursing home and rest home workers, and other community stakeholders. Concurrent with such public hearings and prior to establishing such rates of payment, the executive office shall investigate and analyze the wage rates and working conditions for employees of nursing homes and rest homes. In conducting such public hearings and investigations, the executive office may issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.
| null | [] | [] | [] | [] |
An Act relative to family members serving as caregivers | H1232 | HD2455 | 193 | {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T13:17:20.163'} | [{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T13:17:20.1633333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T00:39:48.2466667'}, {'Id': 'DMD1', 'Name': 'Daniel M. 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Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-29T14:24:17.42'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-10-03T16:03:47.94'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1232/DocumentHistoryActions | Bill | By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 1232) of James J. O'Day and others relative to family members serving as caregivers. Health Care Financing. | Section 12 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after paragraph 4, the following paragraph:-
Notwithstanding the provisions of any general or special law to the contrary, any program of home and community based services funded pursuant to the provisions of this chapter, in which family members are permitted to serve as caregivers paid by MassHealth, shall include legally liable family members, including but not limited to biological, adoptive, foster or step parents, legal guardians, powers of attorney, healthcare powers of attorney, and adult children of care recipient, within the definition of family member; provided further, the executive office of health and human services shall file a state plan amendment or waiver application, as may be required, to allow legally liable family members to serve as caregivers paid by MassHealth.
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Resolve to establish a special commission to evaluate the rate structure for rest homes or residential care homes | H1233 | HD3164 | 193 | {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:25:50.823'} | [{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:25:50.8233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T14:29:19.4933333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T13:03:28.1'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T13:03:28.1'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-02T12:49:38.21'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T16:22:57.53'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-03-16T10:44:30.7133333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-06-14T10:48:14.4566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1233/DocumentHistoryActions | Resolve | By Representative O'Day of West Boylston, a petition (accompanied by resolve, House, No. 1233) of James J. O'Day and others for an investigation by a special commission (including members of the General Court) of the rate structure for rest homes or residential care homes. Health Care Financing. | Resolved, there is hereby established a special commission to evaluate the rate structure for rest homes or residential care homes. Said study shall include, but not be limited to, an examination of the following: (1) a review of the current rate structure and its relation to actual cost of care (2) an inventory of the current licensed rest home facilities, number of licensed rest home beds, and the location and service area of said facilities (3) a review of the rest homes closures since 2015 and identification of any similar causes or trends that led to closure (4) a review of the recommendations and any actions taken from the nursing facilities task force report per chapter 41 of the acts of 2019 (5) a review of the licensing, regulatory, and reporting structure for licensed rest homes (6) a determination of the eligibility and feasibility of rest home expenses being eligible for federal reimbursement.
Said commission shall consist of the two members appointed by the speaker of the house, one of which will serve as co-chair, two members appointed by the president of the senate, one of which will serve as co-chair, one member appointed by the minority leader in the house, one member appointed by the minority leader in the senate, the secretary of health and human services or a designee, the secretary of elder affairs or a designee, the commissioner of masshealth, the commissioner of the department of mental health, the commissioner of the department of public health, the commissioner of the department of transitional assistance, a representative from the Massachusetts association of residential care homes, a representative of leading age Massachusetts, a representative of Massachusetts senior action, and two persons to be appointed by the governor, one of whom shall have direct care giver experience, and one of whom shall have experience in health care administration and finance.
Said commission shall file a report on the results of its study, together with recommendations and any legislation necessary to carry its recommendations into effect with the clerks of the house of representatives and the senate, and the house and senate committees on ways and means, no later than April 1, 2025.
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An Act relative to an individual Medicare marketplace option | H1234 | HD3380 | 193 | {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:13:37.873'} | [{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:13:37.8733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1234/DocumentHistoryActions | Bill | By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1234) of Alice Hanlon Peisch relative to providing for an individual Medicare marketplace option. Health Care Financing. | SECTION 1. Section 25 of chapter 32B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
“(a) For the purposes of this chapter, health reimbursement arrangements shall satisfy the group insurance requirements to eligible retired employees as defined in section 1 and their Medicare eligible dependents and permit said employees and their Medicare eligible dependents to enter into a health insurance plan purchased on the individual Medicare marketplace. In lieu of the premium cost sharing arrangement outlined in Section 2, minimum annual funding for such health reimbursement arrangements of this chapter for each eligible retired employee and/or dependent shall be established by adding 50% of the sum of the lowest cost Medicare Supplement 1 plan filed in the Commonwealth by January 1 of the current calendar year plus the weighted average Part D premium in Region 2 for the prior calendar year.”
SECTION 2. Section 4 of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
“(a) Notwithstanding any general or special law or regulation to the contrary, Medicare eligible retired employees and their Medicare eligible dependents subject to the provisions of this chapter shall be permitted to enter into a health insurance plan purchased on the individual Medicare marketplace. In lieu of the premium cost sharing arrangement outlined in this chapter, minimum annual funding for such health reimbursement arrangements defined by section 25 of chapter 32B shall be established by adding “X%” of the sum of the lowest cost Medicare Supplement 1 plan filed in the Commonwealth by January 1 of the current calendar year plus the weighted average Part D premium in Region 2 for the prior calendar year, where “X%” equals the current premium cost sharing between the Commonwealth and eligible retirees.”
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An Act relative to maintenance of certification | H1235 | HD898 | 193 | {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:50:21.703'} | [{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:50:21.7033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1235/DocumentHistoryActions | Bill | By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1235) of Edward R. Philips for legislation relative to maintenance of certification. Health Care Financing. | SECTION 1. Paragraph (b) of Section 15 of Chapter 6D of the General laws, is hereby amended by inserting at the end thereof the following new text:
; and (xi) That the ACO shall not require a physician to secure a Maintenance of Certification (MOC) as qualifying for membership, credentialing or otherwise receiving participating in the ACO or receiving reimbursement for medical services provided. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 2. Chapter 111 is hereby amended by adding Section 51C1/2 as follows:
Each hospital, or other institution, licensed under section fifty-one shall not require a physician to secure a Maintenance of Certification (MOC) as when considering or acting on an application for employment or staff membership or clinical privileges to practice. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 3. Chapter 112; Section 2 is hereby be amended by adding the following new paragraph at the conclusion of the Section:
Nothing in this Chapter shall be construed as to require a physician to secure a Maintenance of Certification (MOC) as a condition of licensure, reimbursement, employment, or admitting privileges at a hospital in this state. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 4. Chapter 176A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new section:
The hospital services corporation medical professional mutual insurance company approved by the commissioner shall not require a physician to secure a Maintenance of Certification (MOC) as qualifying for credentialing or otherwise receiving reimbursement for medical services provided. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 5. Chapter 176B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new section:
The medical services corporation approved by the commissioner shall not require a physician to secure a Maintenance of Certification (MOC) as qualifying for credentialing or otherwise receiving reimbursement for medical services provided. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 6. Chapter 176G of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new section:
The health maintenance organization shall not require a physician to secure a Maintenance of Certification (MOC) as qualifying for credentialing or otherwise receiving reimbursement for medical services provided. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
SECTION 7. Chapter 176I of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new section:
Organizations shall not require a physician to secure a Maintenance of Certification (MOC) as qualifying for credentialing or otherwise receiving reimbursement for medical services provided. For the purposes of this paragraph, "Maintenance of Certification (MOC)" shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally-recognized accrediting organization.
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An Act increasing access to MassHealth dental providers | H1236 | HD2114 | 193 | {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T10:34:34.627'} | [{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T10:34:34.6266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T13:30:07.2666667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-23T13:36:58.5033333'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-03-03T16:14:09.5233333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-03-03T16:14:09.5233333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-03-08T09:04:10.5466667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-08T09:04:10.5466667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-08T15:16:34.7233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-13T12:19:59.14'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-13T12:19:59.14'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-15T15:59:58.48'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-03-22T10:55:58.44'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T09:14:44.52'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-03T09:37:16.9833333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T09:40:52.9566667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-11T15:08:27.9733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1236/DocumentHistoryActions | Bill | By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1236) of Angelo J. Puppolo, Jr., and others relative to increasing access to MassHealth dental providers. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws, as appearing in the 20XX Official Edition, is hereby amended by inserting after Section 82 the following section:-
SECTION 83. (a) Notwithstanding any general or special law to the contrary, and subject to appropriation, the secretary of health and human services shall provide MassHealth supplemental payments to eligible MassHealth-participating dental providers who render covered dental services to an additional ten or greater MassHealth beneficiaries in a given year compared to the number of beneficiaries they provided services to in the prior year.
(b) The supplemental payment established in section (a) shall initially be set at $31 for the first year and shall be distributed to eligible dental providers as a rate add-on for each patient encounter in which a MassHealth-covered dental service are administered to an actively enrolled MassHealth beneficiary. The payment rate shall be subject to re-evaluation by the secretary of health and human services under Section 13C and 13D of this chapter.
(c) The supplemental payment established in section (a) will be available to providers located in twenty specific municipalities that are designated by the secretary of health and human services as having a high number or proportion of MassHealth enrollees and low rates of utilization of dental services.
(d) To be eligible for supplemental payments dental providers must meet each of the following criteria:
(1) Be a dentist or public health dental hygienists licensed in the state of Massachusetts.
(2) Be enrolled with MassHealth as an approved billing provider.
(3) Provide dental services to a minimum of ten additional MassHealth beneficiaries than the number of beneficiaries the dental provider provided services to in the previous year.
(4) Provide dental services at a location in eligible municipalities, as determined by the secretary of health and human services under section (c).
(e) MassHealth shall promulgate regulations to implement this section. These regulations shall define provider-eligible municipalities using available data on past year MassHealth enrollment and utilization.
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An Act to ensure equitable health coverage for children | H1237 | HD2153 | 193 | {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T11:01:40.383'} | [{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T11:01:40.3833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-13T18:50:36.0966667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-03T11:33:54.0666667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-02T17:35:52.4866667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-07-26T08:07:38.3'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-21T10:41:09.2766667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:22:13.7366667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T08:57:10.78'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T08:42:33.6433333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T11:08:07.61'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-29T14:52:13.61'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-06-27T09:18:30.8433333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:39:24.3933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T11:13:46.4866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T15:56:33.52'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:23:55.3733333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T15:26:04.55'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:23:23.8566667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:51:29.2833333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-07-25T11:13:28.5233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T16:30:51.63'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:46:28.5633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T18:32:21.5766667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-24T13:55:24.6333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T12:26:24.15'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-09-26T14:31:02.74'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:46:55.0133333'}, {'Id': 'jml0', 'Name': 'Jason M. 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Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-15T09:01:21.02'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T12:57:07.2466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T16:06:21.0233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T12:17:59.6433333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:23:01.3866667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-29T12:04:49.75'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T11:17:32.3466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T14:59:47.87'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T14:41:25.9966667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T13:28:14.8466667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-08T09:42:48.91'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:16:14.5166667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T17:26:38.3333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1237/DocumentHistoryActions | Bill | By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1237) of David M. Rogers and others for legislation to ensure equitable health coverage for children. Health Care Financing. | Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 16D the following sections:-
Section 16E. (1) Notwithstanding any other law, there is hereby established a program of comprehensive health coverage for children and young adults under the age of 21 who are residents of the Commonwealth, as defined under section 8 of this chapter, who are not otherwise eligible for comprehensive benefits under Title XIX or XXI of the Social Security Act or under the demonstration pursuant to Section 9A of this chapter solely due to their immigration status. Children and young adults shall be eligible to receive comprehensive MassHealth benefits equivalent to the benefits available to individuals of like age and income under categorical and financial eligibility requirements established by the executive office pursuant to said Title XIX and Title XXI.
(2) The executive office of health and human services shall maximize federal financial participation for the benefits provided under this section, however benefits under this section shall not be conditioned on the availability of federal financial participation.
| null | [] | [] | [] | [] |
An Act to improve patient care through integrated electronic health records | H1238 | HD2828 | 193 | {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:42:57.537'} | [{'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-19T16:42:57.5366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1238/DocumentHistoryActions | Bill | By Representative Ryan of Boston, a petition (accompanied by bill, House, No. 1238) of Daniel J. Ryan for legislation to establish integrated electronic health records. Health Care Financing. | Section 118I of the General Laws is hereby amended by striking out the chapter and inserting in place thereof the following chapter:.
Chapter 118I
HEALTH INFORMATION EXCHANGE
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Council”, the health information technology council established under section 2.
“Electronic health record”, an electronic record of patient health information generated by 1 or more encounters in any care delivery setting.
“Executive office”, the executive office of health and human services.
“Health care entity”, a payer, health care provider or provider organization.
“Health care provider”, a provider of medical or health services or any other person or organization that furnishes, bills or is paid for health care service delivery in the normal course of business.
“Health information exchange”, transmission of health care-related data among health care entities of personal health records aligning with national standards; the reliable and secure transfer of data among diverse systems and access to and retrieval of data.
“Office of the National Coordinator” or “ONC”, the Office of the National Coordinator for Health Information Technology within the United States Department of Health and Human Services.
“Payer”, any entity, other than an individual, that pays providers for the provision of health care services; provided, that “payer” shall include both governmental and private entities; provided further, that “payer” shall not include ERISA plans.
“Provider organization”, any corporation, partnership, business trust, association or organized group of persons, which is in the business of health care delivery or management, whether incorporated or not that represents 1 or more health care providers in contracting with carriers for the payments of health care services; provided, that “provider organization” shall include, but not be limited to, physician organizations, physician-hospital organizations, independent practice associations, provider networks, accountable care organizations and any other organization that contracts with carriers for payment for health care services.
“Statewide health information exchange”, health information exchange established, operated, facilitated or funded by a governmental entity or entities in the commonwealth.
Section 2. (a) There shall be a health information technology council within the executive office of health and human services. The council shall advise the executive office on design, implementation, operation and use of statewide health information exchange.
(b) The council shall consist of the following 21 members: the secretary of health and human services or a designee, who shall serve as the chair; the secretary of administration and finance or designee; the executive director of the health policy commission or a designee; the executive director of the center for health information analysis or a designee; the director of the Massachusetts eHealth Institute or a designee; the director of the office of Medicaid or a designee; and 14 members who shall be appointed by the governor, of whom at least 1 shall be an expert in health information technology; 1 shall be an expert in law and health policy; 1 shall be an expert in health information privacy and security; 1 shall be from an academic medical center; 1 shall be from a community hospital; 1 shall be from a community health center; 1 shall be from a long term care facility; 1 shall be a from large physician group practice; 1 shall be from a small physician group practice; 1 shall be a registered nurse; 1 shall be from a behavioral health, substance abuse disorder or mental health services organization; 1 shall be from the Massachusetts Association of Health Plans or a designee, 1 shall be from Blue Cross Blue Shield of Massachusetts, 1 shall be from a business group; and 2 additional members shall have experience or expertise in health information technology. The council may consult with all relevant parties, public or private, in exercising its duties under this section, including persons with expertise and experience in the development and dissemination of electronic health records systems, and the implementation of electronic health record systems by small physician groups or ambulatory care providers, as well as persons representing organizations within the commonwealth interested in and affected by the development of networks and electronic health records systems, including, but not limited to, persons representing local public health agencies, licensed hospitals and other licensed facilities and providers, private purchasers, the medical and nursing professions, physicians and health insurers, the state quality improvement organization, academic and research institutions, consumer advisory organizations with expertise in health information technology and other stakeholders as identified by the secretary of health and human services. Appointed members of the council shall serve for terms of 2 years or until a successor is appointed. Members shall be eligible to be reappointed and shall serve without compensation.
(c) Chapter 268A shall apply to all council members, except that the council may purchase from, sell to, borrow from, contract with or otherwise deal with any organization in which any council member is in anyway interested or involved; provided, however, that such interest or involvement shall be disclosed in advance to the council and recorded in the minutes of the proceedings of the council; and provided, further, that no member shall be considered to have violated section 4 of said chapter 268A because of the member’s receipt of usual and regular compensation from such member’s employer during the time in which the member participates in the activities of the council.
Section 3. (a) The executive office shall establish, operate, facilitate, or fund statewide health information exchange among health care entities, including, but not limited to, improving interoperability among health care entities and requiring the exchange of minimum standardized health data requirements.
(b) The executive office may:
(i) conduct procurements and enter into contracts for the purchase, dissemination, development of hardware and software, in connection with the implementation of statewide health information exchange; and
(ii) in consultation with the council, oversee the development, dissemination, implementation and operation of statewide health information exchange including any modules, applications, interfaces or other technology infrastructure for statewide health information exchange.
(c) In carrying out this chapter, the executive office may undertake any activities necessary to implement the powers and duties under this chapter, which may include issuing implementing regulations and the adoption of policies consistent with those adopted by the Office of the National Coordinator for Health Information Technology of the United States Department of Health and Human Services; provided, however, that nothing herein shall be construed to limit the executive office’s ability to advance interoperability and other health information technology beyond such federal standards, including without limitation any applicable meaningful use standards.
Section 4. Every patient shall have electronic access to such patient’s health records. The executive office shall ensure that each patient will have secure electronic access to such patient’s electronic health records with each of such patient’s health care providers.
Section 5. All health care entities in the commonwealth shall participate in statewide health information exchange; provided that all health care providers shall implement fully interoperable electronic records systems necessary to participate in statewide health information exchange activities, as defined by the executive office. The executive office shall issue regulations requiring that statewide health information exchange, the associated electronic records systems, comply with all state and federal privacy requirements, including those imposed by the Health Insurance Portability and Accountability Act of 1996, P.L. 104–191, the American Recovery and Reinvestment Act of 2009, P.L. 111–5, 42 C.F.R. §§ 2.11 et seq. and 45 C.F.R. §§ 160, 162 and 164.
Section 6. The executive office shall prescribe by regulation penalties for non-compliance by health care entities with the requirements of this chapter provided, however, that the executive office may waive penalties for good cause. Penalties collected under this section shall be deposited into the Health Information Technology Trust Fund, established in section 10 of chapter 35RR.
Section 7. In the event of an unauthorized access to or disclosure of individually identifiable patient health information by or through a health care entity or a vendor contracted through services of a health care entity as participants of statewide health information exchange, the health care entity or vendor shall comply with the requirements of chapter 93H and in any event shall: (i) report the conditions of such unauthorized access or disclosure as required by the executive office; and (ii) provide notice, as defined in section 1 of chapter 93H, as soon as practicable, but not later than 10 business days after such unauthorized access or disclosure, to any person whose patient health information may have been compromised as a result of such unauthorized access or disclosure, and shall report the conditions of such unauthorized access or disclosure, and further shall concurrently provide a copy of such report to the executive office. Any unauthorized access or disclosures shall be punishable by the civil penalties under section 10.
Section 8. Patients shall have the choice to opt-out of having their health data disclosed for electronic health information exchange activities that are owned and operated or contracted by the Commonwealth.
Section 9. The executive office shall pursue and maximize all opportunities to qualify for federal financial participation.
Section 10. The executive office may require participant fees from health care entities that use health information exchange services. Participant fees collected under this section shall be deposited into the Health Information Technology Trust Fund, as established by section 35RR of chapter 10, or its successor trust fund. Nonpayment or late payment of fees may subject health care entities to fines or penalties as determined by the executive office. The executive office shall promulgate regulations to assess fair and reasonable fines or penalties.
Section 11. The council shall file an annual report, not later than April 1, with the joint committee on health care financing, the joint committee on economic development and emerging technologies, the house and senate committees on ways and means and the clerks of the house and senate concerning the activities of the council in general and, in particular, describing the progress to date in developing statewide health information exchange and recommending such further legislative action as it deems appropriate.
Section 12. Unauthorized access to or disclosure of individually identifiable patient health information shall be subject to fines or penalties as determined by the executive office. The executive office shall promulgate regulations to assess fair and reasonable fines or penalties.
Section 13. Cybersecurity-based documentation, including but not limited to security audit reports, provided to the executive office shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
| null | [] | [] | [] | [] |
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Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-27T16:41:44.28'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-07T15:35:04.4266667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T15:47:34.6833333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-31T09:27:05.3833333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-09T13:23:10.4633333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:11:00.8333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T14:52:06.1266667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-08T19:41:28.4633333'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-08-09T20:22:06.0133333'}] | {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T15:55:36.56'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1239/DocumentHistoryActions | Bill | By Representatives Sabadosa of Northampton and Garlick of Needham, a petition (accompanied by bill, House, No. 1239) of Lindsay N. Sabadosa, Denise C. Garlick and others for legislation to provide equitable access to quality, affordable healthcare services by establishing Medicare for all persons in the Commonwealth. Health Care Financing. | SECTION 1. The General Laws are hereby amended by inserting after chapter 175M the following chapter:-
CHAPTER 175N. MASSACHUSETTS HEALTH CARE TRUST
Section 1. Definitions
The following words and phrases shall have the following meanings, except where the context clearly requires otherwise:
“Board”, the Board of Trustees of the Massachusetts Health Care Trust.
“Executive Director”, the Executive Director of the Massachusetts Health Care Trust.
“Health care”, care provided to a specific individual by a licensed health care professional to promote physical and mental health, to treat illness and injury, and to prevent illness and injury.
“Health care facility”, any facility or institution, whether public or private, proprietary or nonprofit, that is organized, maintained, and operated for health maintenance or for the prevention, diagnosis, care, and treatment of human illness, physical or mental, for one or more persons.
“Health care practitioner”, any professional person, medical group, independent practice association, organization, health care facility, or other person or institution licensed or authorized by law to provide professional health care services to an individual in the Commonwealth.
“Professional advisory committee”, a committee of advisors appointed by the director of the Administrative, Planning, Information, Technology, or any Regional division of the Massachusetts Health Care Trust.
“Resident”, a person who lives in Massachusetts as evidenced by an intent to continue to live in Massachusetts and to return to Massachusetts if temporarily absent, coupled with an act or acts consistent with that intent. The Trust shall adopt standards and procedures for determining whether a person is a resident. Such rules shall include: (1) a provision requiring that the person seeking resident status has the burden of proof in such determination; (2) a provision that a residence established for the purpose of seeking health care shall not by itself establish that a person is a resident of the Commonwealth; and (3) a provision that, for the purposes of this chapter, the terms “domicile” and “dwelling place” are not limited to any particular structure or interest in real property and specifically include homeless individuals, individuals incarcerated in Massachusetts, and undocumented individuals.
“Secretary”, the Secretary of the Executive Office of Health and Human Services.
“Trust”, the Massachusetts Health Care Trust.
“Trust Fund”, the Massachusetts Health Care Trust Fund.
Section 2. Policy and Goals
It is hereby declared to be the policy of the Commonwealth to provide equitable access to quality, affordable health care services for all its residents as a right, responsive to the needs of the Commonwealth and its residents, without co-insurance, co-payments, deductibles, or any other form of patient cost sharing, and be accountable to its citizens though the Trust. The Trust shall be responsible for the collection and disbursement of funds required to provide health care services for every resident of the Commonwealth.
It is hereby declared that the Trust shall guarantee health care access to all residents of the Commonwealth without regard to financial or employment status, ethnicity, race, religion, gender, gender identity, sexual orientation, previous health problems, or geographic location.
It is hereby declared that the Trust shall provide access to health care services that is continuous, without the current need for repeated re-enrollments or changes when employers choose new plans and residents change jobs. Coverage under the Health Care Trust shall be comprehensive and affordable for individuals and families. It shall have no co-insurance, co-payments, deductibles, or any other form of patient cost sharing.
It is hereby declared that providing access to health care services for all Massachusetts residents through a single payer health care financing system is essential for achieving and sustaining universal equitable access, affordability, cost control, and high quality medical care.
It is hereby further declared that in pursuit of universal access to quality, affordable care, the Commonwealth supports the following goals:
(a) to guarantee every resident of the Commonwealth access to high quality health care by: (i) providing reimbursement for all medically appropriate health care services offered by the eligible practitioner or facility of each resident’s choice; and (ii) funding capital investments for adequate health care facilities and resources statewide.
(b) to ensure that all residents have access to dental care, behavioral health, eyeglasses, hearing aids, home health care, nursing home care, and other important health care needs.
(c) to eliminate co-insurance, co-payments, deductibles, and any other form of patient cost sharing;
(d) to control costs as a key component of a sustainable health care system that will reduce health care costs for residents, municipalities, counties, businesses, health care facilities, and the Commonwealth.
(e) to save money by replacing the current mixture of public and private health insurance plans with a uniform and comprehensive health care plan available to every Massachusetts resident;
(f) to reduce administrative cost and inefficiencies and use savings to: (i) expand covered health care services; (ii) contain health care cost increases; (iii) create practitioner incentives to innovate and compete by improving health care service quality and delivery to patients; and (iv) expand preventive health care programs and the delivery of primary care.
(g) to fund, approve, and coordinate capital improvements in excess of a threshold to be determined annually by the Executive Director to qualified health care facilities in order to: (i) avoid unnecessary duplication of health care facilities and resources; and (ii) encourage expansion or location of health care practitioners and health care facilities in underserved communities;
(h) to assure the continued excellence of professional training and research at health care facilities in the Commonwealth;
(i) to achieve measurable improvement in health care outcomes;
(j) to prevent disease and disability and maintain or improve health and functionality;
(k) to ensure that all residents of the Commonwealth receive care appropriate to their special needs as well as care that is culturally and linguistically competent;
(l) to increase satisfaction with the health care system among health care practitioners, patients, and the employers and employees of the Commonwealth;
(m) to implement policies that strengthen and improve culturally and linguistically sensitive care;
(n) to develop an integrated population-based health care database to support health care planning; and
(o) to fund training and retraining programs for professional and non-professional workers in the health care sector displaced as a direct result of implementation of this chapter.
Section 3. Establishment of the Massachusetts Health Care Trust
(a) There shall be within the Executive Office of Health and Human Services, but not under its control or any political subdivision thereof in the Commonwealth, a division known as the Massachusetts Health Care Trust. The Trust shall be responsible for the collection and disbursement of funds required to provide health care services for every resident of the Commonwealth. The Trust is hereby constituted a public instrumentality of the Commonwealth and the exercise by the Trust of the powers conferred by this chapter shall be deemed and held the performance of an essential governmental function.
(b) The provisions of chapter 268A shall apply to all Trustees, officers, and employees of the Trust, except that the Trust may purchase from, contract with, or otherwise deal with any organization in which any Trustee is interested or involved, provided, however, that such interest or involvement is disclosed in advance to the Trustees and recorded in the minutes of the proceedings of the Trust, and provided, further, that a Trustee having such interest or involvement may not participate in any decision relating to such organization.
(c) Neither the Trust nor any of its officers, Trustees, employees, consultants, or advisors shall be subject to the provisions of section 3B of chapter 7, sections 9A, 45, 46, and 52 of chapter 30, chapter 30B, or chapter 31, provided, however, that in purchasing goods and services, the Trust shall at all times follow generally accepted good business practices.
(d) All officers and employees of the Trust having access to its cash or negotiable securities shall give bond to the Trust at its expense, in such amount and with such surety as the Board of Trustees shall prescribe. The persons required to give bond may be included in one or more blanket or scheduled bonds.
(e) Trustees, officers, and advisors who are not regular, compensated employees of the Trust shall not be liable to the Commonwealth, to the Trust, or to any other person as a result of their activities, whether ministerial or discretionary, as such Trustees, officers, or advisors except for willful dishonesty or intentional violations of law. The Board of the Trust may purchase liability insurance for Trustees, officers, advisors, and employees and may indemnify said persons against the claims of others.
Section 4: Powers of the Trust
(a) The Trust shall have the following powers:
(1) to make, amend, and repeal by-laws, rules, and regulations for the management of its affairs;
(2) to adopt an official seal;
(3) to sue and be sued in its own name;
(4) to make contracts and execute all instruments necessary or convenient for the carrying on of the purposes of this chapter;
(5) to acquire, own, hold, dispose of, and encumber personal, real or intellectual property of any nature or any interest therein;
(6) to enter into agreements or transactions with any federal, state, or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association, or other entity;
(7) to appear on its own behalf before boards, commissions, departments, or other agencies of federal, state, or municipal government;
(8) to appoint officers and to engage and employ employees, including legal counsel, consultants, agents, and advisors, and prescribe their duties and fix their compensations;
(9) to establish advisory boards;
(10) to procure insurance against any losses in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(11) to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the Commonwealth pursuant to sections 38 and 38 A of chapter 29;
(12) to accept, hold, use, apply, and dispose of any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm, or corporation, public or private; such donations, grants, bequests, and devises to be held, used, applied, or disposed for any or all of the purposes specified in this chapter and in accordance with the terms and conditions of any such grant. A receipt of each such donation or grant shall be detailed in the annual report of the Trust; such annual report shall include the identity of the donor, lender, the nature of the transaction and any condition attaching thereto;
(13) to do any and all other things necessary and convenient to carry out the purposes of this chapter.
Section 5. Board of Trustees: Composition, Powers, and Duties
(a) The Trust shall be governed by a Board of Trustees with 29 members including:
(1) the Secretary of Health and Human Services; the Secretary of Administration and Finance, and the Commissioner of Public Health;
(2) eight Trustees appointed by the Governor, three of whom shall be nominated by organizations of health care professionals who deliver direct patient care, one of whom shall be nominated by a statewide organization of health care facilities, one of whom shall be nominated by an organization representing non-health care employers, one of whom shall be nominated by a disability rights organization, one of whom shall be nominated by an organization advocating for mental health care, and one of whom shall be a health care economist;
(3) ten Trustees appointed by the Attorney General, two of whom shall be nominated by a statewide labor organization, two of whom shall be nominated by statewide organizations who have a record of advocating for universal single payer health care in Massachusetts, one of whom shall be nominated by an organization representing Massachusetts senior citizens, one of whom shall be nominated by a statewide organization defending the rights of children, one of whom shall be nominated by an organization providing legal services to low-income clients, one of whom shall be an epidemiologist, one of whom shall be an expert in racial disparities in health care nominated by a statewide public health organization, and one of whom shall be an expert in women’s health care nominated by a statewide public health organization;
(4) and eight Trustees elected by the citizens of the Commonwealth pursuant to subsection (b).
(5) Before appointing members to the Board of Trustees, the Governor and the Attorney General shall conduct a public awareness process, encourage representation from different racial, ethnic, and gender populations, and take nominations from all interested organizations.
(b) Each of the eight citizen-elected Trustees must: (1) reside in a different Governor’s Council district than the other seven elected Trustees; (2) be ineligible for any Trustee positions appointed by the Governor or the Attorney General; (3) run in accordance with Fair Campaign Financing Rules; and (4) serve staggered four-year terms; provided, however, that two of the first eight elected Trustees shall be elected for two years, three for three years, and three for four years. Each elected Trustee shall be eligible for reelection to a second term only.
(c) Each appointed Trustee shall serve a term of five years; provided, however, that initially six appointed Trustees shall serve three-year terms, six appointed Trustees shall serve four-year terms, and six appointed Trustees shall serve five-year terms. The initial appointed Trustees shall be assigned to a three-, four-, or five- year term by lot. Any person appointed to fill a vacancy on the Board shall serve for the unexpired term of the predecessor Trustee. Any appointed Trustee shall be eligible for reappointment to a second term only. Any appointed Trustee may be removed from the Trustee’s appointment by the Governor or Attorney General, respectively, for just cause.
(d) The Board shall elect a chair from among its members every two years. A majority of the Trustees shall constitute a quorum and the affirmative vote of a majority of the Trustees present and eligible to vote at a meeting shall be necessary for any action to be taken by the Board. The Board of Trustees shall meet at least ten times annually and shall have final authority over the activities of the Trust.
(e) The Trustees shall be reimbursed for actual and necessary expenses and loss of income incurred for each full day serving in the performance of their duties to the extent that reimbursement of those expenses is not otherwise provided or payable by another public agency or agencies. For purposes of this section, “full day of attending a meeting” shall mean presence at, and participation in, not less than 75 percent of the total meeting time of the Board during any particular 24-hour period.
(f) No member of the Board of Trustees shall make, participate in making, or in any way attempt to use his or her official position to influence a governmental decision in which the Trustee knows or has reason to know that the Trustee, or a family member, business partner, or colleague, has a financial interest.
(g) The Board is responsible for ensuring universal access to high quality, affordable health care for every resident of the Commonwealth and shall specifically address the following:
(1) establish policy on medical issues, population-based public health issues, research priorities, scope of services, expanding access to care, and evaluation of the performance of the system;
(2) evaluate proposals from the Executive Director and others for innovative approaches to health promotion, disease and injury prevention, health education and research, and health care delivery; and
(3) establish standards and criteria by which requests by health facilities for capital improvements shall be evaluated.
Section 6. Executive Director; Purpose and Duties
(a) The Board of Trustees shall hire an Executive Director who shall be the executive and administrative head of the Trust and shall be responsible for administering and enforcing the provisions of law relative to the Trust.
(b) The Executive Director may, as she or he deems necessary or suitable for the effective administration and proper performance of the duties of the Trust and subject to the approval of the Board of Trustees, do the following: (1) adopt, amend, alter, repeal, and enforce, all such reasonable rules, regulations, and orders as may be necessary; and (2) appoint and remove employees and consultants: provided, however, that, subject to the availability of funds in the Trust, at least one employee shall be hired to serve as director of each of the divisions created in Sections 7 through 11, inclusive, of this chapter.
(c) The Executive Director shall: (1) establish an enrollment system that will ensure that all eligible Massachusetts residents are formally enrolled; (2) use the purchasing power of the state to negotiate price discounts for prescription drugs and all needed durable and nondurable medical equipment and supplies; (3) negotiate or establish terms and conditions for the provision of high quality health care services and rates of reimbursement for such services on behalf of the residents of the Commonwealth; (4) develop prospective and retrospective payment systems for covered services to provide prompt and fair payment to eligible practitioners and facilities; (5) oversee preparation of annual operating and capital budgets for the statewide delivery of health care services; (6) oversee preparation of annual benefits reviews to determine the adequacy of covered services; and (7) prepare an annual report to be submitted to the Governor, the President of the Senate, and Speaker of the House of Representatives and to be easily accessible to every Massachusetts resident.
(d) The Executive Director of the Trust may utilize and shall coordinate with the offices, staff, and resources of any agencies of the executive branch including, but not limited to, the Executive Office of Health and Human Services and all line agencies under its jurisdiction, the Center for Health Information and Analysis, the Department of Revenue, the Division of Insurance, the Group Insurance Commission, the Department of Employment and Training, the Industrial Accidents Board, the Health and Educational Finance Authority, and all other executive agencies.
Section 7. Regional Division: Director, Offices, Purposes, and Duties
(a) There shall be a regional division within the Trust which shall be under the supervision and control of a director. The powers and duties given the director in this chapter and in any other general or special law shall be exercised and discharged subject to the control and supervision of the Executive Director of the Trust. The director of the regional division shall be appointed by the Executive Director of the Trust, with the approval of the Board of Trustees, and may, with like approval, be removed. The director shall establish a professional advisory committee to provide expert advice: provided, however, that such committee shall have at least 25% representation from the general public.
(b) The Trust shall have a reasonable number of regional offices located throughout the state. The number and location of these offices shall be proposed to the Executive Director and Board of Trustees by the director of the regional division after consultation with the directors of the planning, administration, quality assurance, and information technology divisions and consideration of convenience and equity. The adequacy and appropriateness of the number and location of regional offices shall be reviewed by the Board at least once every 3 years.
(c) The regional division shall establish a statewide education program that ensures that all residents understand how the Trust affects their health care costs, including, but not limited to, information about the following: (1) tax increases; (2) elimination of premiums, co-payments, deductibles, and any other form of patient cost sharing; (3) state-issued health care cards; and (4) choosing practitioners. Each regional office shall be professionally staffed to perform local outreach and informational functions and to respond to questions, complaints, and suggestions.
(d) Each regional office shall hold public hearings annually to determine unmet health care needs and for other relevant reasons. Regional office staff shall immediately refer evidence of unmet needs or of poor quality care to the director of the regional division who will plan and implement remedies in consultation with the directors of the administrative, planning, quality assurance, and information technology divisions.
Section 8. Administrative Division: Director, Purpose, and Duties
(a) There shall be an administrative division within the Trust which shall be under the supervision and control of a director. The powers and duties given the director in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control, and supervision of the Executive Director of the Trust. The director of the administrative division shall be appointed by the Executive Director of the Trust, with the approval of the Board of Trustees, and may, with like approval, be removed. The director may, at the director’s discretion, establish a professional advisory committee to provide expert advice: provided, however, that such committee shall have at least 25% representation from the general public.
(b) The administrative division shall have day-to-day responsibility for: (1) making prompt payments to practitioners and facilities for covered services; (2) collecting reimbursement from private and public third party payers and individuals for services not covered by this chapter or covered services rendered to non-eligible patients; (3) developing information management systems needed for practitioner payment, rebate collection, and utilization review; (4) investing Trust Fund assets consistent with state law and Section 18 of this chapter; (5) developing operational budgets for the Trust; and (6) assisting the planning division to develop capital budgets for the Trust.
Section 9. Planning Division: Director, Purpose, and Duties
(a) There shall be a planning division within the Trust which shall be under the supervision and control of a director. The powers and duties given the director in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control, and supervision of the Executive Director of the Trust. The director of the planning division shall be appointed by the Executive Director of the Trust, with the approval of the Board of Trustees, and may, with like approval, be removed. The director may, at the director’s discretion, establish a professional advisory committee to provide expert advice: provided, however, that such committee shall have at least 25% representation from the general public.
(b) The planning division shall have responsibility for coordinating health care resources and capital expenditures to ensure all eligible participants reasonable access to covered services. The responsibilities shall include but are not limited to:
(1) An annual review of the adequacy of health care resources throughout the Commonwealth and recommendations for changes. Specific areas to be evaluated include but are not limited to the resources needed for underserved populations and geographic areas, for recruitment of primary care physicians, dentists, and other specialists needed to provide quality health care, for culturally and linguistically competent care, and for emergency and trauma care. The director shall develop short term and long term plans to meet health care needs; and
(2) An annual review of capital health care needs, including but not limited to recommendations for a budget for all health care facilities, evaluating all capital expenses in excess of a threshold amount to be determined annually by the Executive Director, and collaborating with local and statewide government and health care institutions to coordinate capital health planning and investment. The director shall develop short term and long term plans to meet capital expenditure needs.
(c) In making its review, the planning division shall consult with the regional offices of the Trust and shall hold public hearings throughout the state on proposed recommendations. The division shall submit to the Board of Trustees its final annual review and recommendations by October 1. Subject to Board approval, the Trust shall adopt the recommendations.
Section 10. Information Technology Division: Director, Purpose, and Duties
(a) There shall be an information technology division within the Trust which shall be under the supervision and control of a director. The powers and duties given the director in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control, and supervision of the Executive Director of the Trust. The director of the information technology division shall be appointed by the Executive Director of the Trust, with the approval of the Board of Trustees, and may, with like approval, be removed. The director may, at the director’s discretion, establish a professional advisory committee to provide expert advice: provided, however, that such committee shall have at least 25% representation from the general public.
(b) The responsibilities of the information technology division shall include but are not limited to: (1) developing an information technology system that is compatible with all medical and dental facilities in Massachusetts; (2) maintaining a confidential electronic medical records system and prescription system in accordance with laws and regulations to maintain accurate patient records and to simplify the billing process, thereby reducing medical errors and bureaucracy; and (3) developing a tracking system to monitor quality of care, establish a patient database, and promote preventive care guidelines and medical alerts to avoid errors.
(c) Notwithstanding that all billing shall be performed electronically, patients shall have the option of keeping any portion of their medical records separate from their electronic medical record. The information technology director shall work closely with the directors of the regional, administrative, planning, and quality assurance divisions. The information technology division shall make an annual report to the Board of Trustees by October 1. Subject to Board approval, the Trust shall adopt the recommendations.
Section 11. Quality Assurance Division: Director, Purpose, and Duties
(a) There shall be a quality assurance division within the Trust which shall be under the supervision and control of a director. The powers and duties given the director in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control, and supervision of the Executive Director of the Trust. The director of the quality assurance division shall be appointed by the Executive Director of the Trust, with the approval of the Board of Trustees, and may, with like approval, be removed. The director may, at the director’s discretion, establish a professional advisory committee to provide expert advice: provided, however, that such committee shall have at least 25% representation from the general public.
(b) The quality assurance division shall support the establishment of a universal, best quality of standard of care with respect to: (1) appropriate hospital staffing levels for quality care; (2) evidence-based best clinical practices developed from analysis of outcomes of medical interventions; appropriate medical technology; (3) design and scope of work in the health workplace; and development of clinical practices that lead toward elimination of medical errors; (4) timely access to needed medical and dental care; (5) development of medical homes that provide efficient patient-centered integrated care; and (6) compassionate end-of-life care that provides comfort and relief of pain in an appropriate setting evidence-based best clinical practices.
(c) The director shall conduct a comprehensive annual review of the quality of health care services and outcomes throughout the Commonwealth and submit such recommendations to the Board of Trustees as may be required to maintain and improve the quality of health care service delivery and the overall health of Massachusetts residents. In making its reviews, the quality assurance division shall consult with the regional, administrative, and planning divisions and hold public hearings throughout the state on quality of care issues. The division shall submit to the Board of Trustees its final annual review and recommendations on how to ensure the highest quality health care service delivery by October 1. Subject to Board approval, the Trust shall adopt the recommendations.
Section 12. Eligible Participants
(a) The following persons shall be eligible participants in the Massachusetts Health Care Trust:
(1) all Massachusetts residents, as defined in Section 1;
(2) all non-residents who:
(i) work 20 hours or more per week in Massachusetts;
(ii) pay all applicable Massachusetts personal income and payroll taxes; and
(iii) pay any additional premiums established by the Trust to cover non-residents.
(3) All non-resident patients requiring emergency treatment for illness or injury: provided, however, that the Trust shall recoup expenses for such patients wherever possible.
(b) Payment for emergency care of Massachusetts residents obtained out of state shall be at prevailing local rates. Payment for non-emergency care of Massachusetts residents obtained out of state shall be according to rates and conditions established by the Executive Director. The Executive Director may require that a resident be transported back to Massachusetts when prolonged treatment of an emergency condition is necessary if transportation is safe for the patient in light of the patient’s medical condition.
(c) Visitors to Massachusetts shall be billed for all services received under the system. The Executive Director of the Trust may establish intergovernmental arrangements with other states and countries to provide reciprocal coverage for temporary visitors.
Section 13. Eligible Health Care Practitioners and Facilities
(a) Eligible health care practitioners and facilities shall include an agency, facility, corporation, individual, or other entity directly rendering any covered benefit to an eligible patient: provided, however, that the practitioner or facility:
(1) is licensed to operate or practice in the Commonwealth;
(2) does not accept payment from other sources for services provided for by the Trust;
(3) furnishes a signed agreement that:
(i) all health care services will be provided without discrimination on the basis of factors including, but not limited to age, sex, race, national origin, sexual orientation, gender identity, income status, preexisting condition, or citizenship status;
(ii) the practitioner or facility will comply with all state and federal laws regarding the confidentiality of patient records and information;
(iii) no balance billing or out-of-pocket charges will be made for covered services unless otherwise provided in this chapter; and
(iv) the practitioner or facility will furnish such information as may be reasonably required by the Trust for making payment, verifying reimbursement and rebate information, utilization review analyses, statistical and fiscal studies of operations, and compliance with state and federal law;
(4) meets state and federal quality guidelines including guidance for safe staffing, quality of care, and efficient use of funds for direct patient care; and
(5) meets whatever additional requirements that may be established by the Trust.
Section 14. Budgeting and Payments to Eligible Health Care Practitioners and Facilities
(a) To carry out this Act there are established on an annual basis:
(1) an operating budget;
(2) a capital expenditures budget; and
(3) reimbursement levels for practitioners consistent with rates set by the Trust that ensure that: (i) the total costs of all services offered by or through the practitioner are reasonable; and (ii) the aggregate rates of the practitioner are related reasonably to the aggregate costs of the health care practitioner.
(b) The operating budget shall be used for:
(1) payment for services rendered by physicians and other clinicians;
(2) global budgets for institutional practitioners;
(3) capitation payments for capitated groups; and
(4) administration of the Trust.
(c) Payments for operating expenses shall not be used to finance capital expenditures; payment of exorbitant salaries; or for activities to assist, promote, deter, or discourage union organizing. Any prospective payments made in excess of actual costs for covered services shall be returned to the Trust. Prospective payment rates and schedules shall be adjusted annually to incorporate retrospective adjustments. Except as provided in Section 15 of this chapter, reimbursement for covered services by the Trust shall constitute full payment for the services rendered.
(d) The Trust shall provide for retrospective adjustment of payments to eligible health care facilities and practitioners to:
(1) assure that payments to such practitioners and facilities reflect the difference between actual and projected use and expenditures for covered services; and
(2) protect health care practitioners and facilities who serve a disproportionate share of eligible participants whose expected use of covered health care services and expected health care expenditures for such services are greater than the average use and expenditure rates for eligible participants statewide.
(e) The capital expenditures budget shall be used for funds needed for:
(1) the construction or renovation of health facilities; and
(2) major equipment purchases.
(f) Payment provided under this section shall be used only to pay for the capital costs of eligible health care practitioners or facilities, including reasonable expenditures, as determined through budget negotiations with the Trust, for the replacement and purchase of equipment.
(g) The Trust shall provide funding for payment of debt service on outstanding bonds as of the effective date of this Act and shall be the sole source of future funding, whether directly or indirectly, through the payment of debt service, for capital expenditures by health care practitioners and facilities covered by the Trust in excess of a threshold amount to be determined annually by the Executive Director.
Section 15. Covered Benefits
(a) The Trust shall pay for all professional services provided by eligible practitioners and facilities to eligible participants needed to:
(1) provide high quality, appropriate, and medically necessary health care services;
(2) encourage reductions in health risks and increase use of preventive and primary care services; and
(3) integrate physical health, mental and behavioral health, and substance abuse services.
(b) Covered benefits shall include all high quality health care determined to be medically necessary or appropriate by the Trust, including, but not limited to, the following:
(1) prevention, diagnosis, and treatment of illness and injury, including laboratory, diagnostic imaging, inpatient, ambulatory, and emergency medical care, blood and blood products, dialysis, mental health services, palliative care, dental care, acupuncture, physical therapy, chiropractic, and podiatric services;
(2) promotion and maintenance of individual health through appropriate screening, counseling, and health education;
(3) the rehabilitation of sick and disabled persons, including physical, psychological, and other specialized therapies;
(4) mental health services, including supportive residences, occupational therapy, and ongoing outpatient services;
(5) behavioral health services, including supportive residences, occupational therapy, and ongoing outpatient services;
(6) substance misuse services, including supportive residences and ongoing outpatient service;
(7) prenatal, perinatal and maternity care, family planning, fertility, and reproductive health care, including abortion;
(8) long-term services and supports including home health care and personal support care;
(9) long term care in institutional and community-based settings;
(10) hospice care;
(11) language interpretation and such other medical or remedial services as the Trust shall determine;
(12) emergency and other medically necessary transportation;
(13) the full scale of dental services, other than cosmetic dentistry;
(14) basic vision care and correction, including glasses, other than laser vision correction for cosmetic purposes;
(15) hearing evaluation and treatment including hearing aids;
(16) prescription drugs;
(17) durable and non-durable medical equipment, supplies, and appliances, including complex rehabilitation technology products and services as medically necessary, individually-configured manual and power wheelchair systems, adaptive seating systems, alternative positioning systems, and other mobility devices that require evaluation, fitting, configuration, adjustment, or programming; and
(18) all new emerging technologies irrespective of where the parent company is located, such as telemedicine and telehealth practitioners.
(19) infection by the virus that causes COVID-19 and any long-term effects, known as post-COVID conditions (PCC) or Long COVID.
(c) No deductibles, co-payments, co-insurance, or other cost sharing shall be imposed with respect to covered benefits. Patients shall have free choice of participating physicians and other clinicians, hospitals, inpatient care facilities, and other practitioners and facilities.
Section 16. Wraparound Coverage for Federal Health Programs
(a) Prior to obtaining any federal program's waivers to receive federal funds through the Health Care Trust, the Trust shall seek to ensure that participants eligible for federal program coverage receive access to care and coverage equal to that of all other Massachusetts participants. It shall do so by (1) paying for all services enumerated under Section 15 not covered by the relevant federal plans; (2) paying for all such services during any federally mandated gaps in participants’ coverage; and (3) paying for any deductibles, co-payments, co-insurance, or other cost sharing incurred by such participants.
Section 17. Establishment of the Health Care Trust Fund
(a) In order to support the Trust effectively, there is hereby established the health care trust fund, hereinafter the Trust Fund, which shall be administered and expended by the Executive Director of the Trust subject to the approval of the Board. The Trust Fund shall consist of all revenue sources defined in Section 19, and all property and securities acquired by and through the use of monies deposited to the Trust Fund, and all interest thereon less payments therefrom to meet liabilities incurred by the Trust in the exercise of its powers and the performance of its duties.
(b) All claims for health care services rendered shall be made to the Trust Fund and all payments made for health care services shall be disbursed from the Trust Fund.
Section 18. Purpose of the Trust Fund
(a) Amounts credited to the Trust Fund shall be used for the following purposes:
(1) to pay eligible health care practitioners and health care facilities for covered services rendered to eligible individuals;
(2) to fund capital expenditures for eligible health care practitioners and health care facilities for approved capital investments in excess of a threshold amount to be determined annually by the Executive Director;
(3) to pay for preventive care, education, outreach, and public health risk reduction initiatives, not to exceed 5% of Trust income in any fiscal year;
(4) to supplement other sources of financing for education and training of the health care workforce, not to exceed 2% of Trust income in any fiscal year;
(5) to supplement other sources of financing for medical research and innovation, not to exceed 1% of Trust income in any fiscal year;
(6) to supplement other sources of financing for training and retraining programs for workers displaced as a result of administrative streamlining gained by moving from a multi-payer to a single payer health care system, not to exceed 2% of Trust income in any fiscal year: provided, however, that eligible workers must have enrolled by June 20 of the third year following full implementation of this chapter;
(7) to fund a reserve account to finance anticipated long-term cost increases due to demographic changes, inflation, or other foreseeable trends that would increase Trust Fund liabilities, and for budgetary shortfall, epidemics, and other extraordinary events, not to exceed 1% of Trust income in any fiscal year: provided, however, that the Trust reserve account shall at no time constitute more than 5% of total Trust assets;
(8) to pay the administrative costs of the Trust which, within two years of full implementation of this chapter shall not exceed 5% of Trust income in any fiscal year.
(b) Unexpended Trust assets shall not be deemed to be “surplus” funds as defined by chapter twenty-nine of the general laws.
Section 19. Funding Sources
(a) The Trust shall be the repository for all health care funds and related administrative funds. A fairly apportioned, dedicated health care tax on employers, workers, and residents will replace spending on insurance premiums and out-of-pocket spending for services covered by the Trust. The Trust shall enable the state to pass lower health care costs on to residents and employers through savings from administrative simplification, negotiating prices, discounts on pharmaceuticals and medical supplies, and through early detection and intervention by universally available primary and preventive care. Additionally, collateral sources of revenue – such as from the federal government, non-residents receiving care in the state, or from personal liability – shall be recovered by the Trust. The Trust shall be funded by dedicated revenue streams and its budget shall not affect other public health programs run by the state. Lastly, the Trust shall enact provisions ensuring a smooth transition to a universal health care system for employers and residents.
(b) The following dedicated health care taxes will replace spending on insurance premiums and out-of-pocket spending for services covered by the Trust. Prior to each state fiscal year of operation, the Trust will prepare for the Legislature a projected budget for the coming fiscal year, with recommendations for rising or declining revenue needs.
(1) An employer payroll tax of 7.5 percent will be assessed on employee W-2 wages, exempting the first $20,000 of payroll per establishment, replacing previous spending by employers on health premiums. An additional employer payroll tax of 0.5 per cent will be assessed on establishments with 100 or more employees;
(2) An employee payroll tax of 2.5 percent will be assessed, exempting the first $20,000 of income, replacing previous spending by employees on health premiums and out-of-pocket expenses; all W-2 wages will be combined for each taxpayer and one $20,000 exemption will be allowed;
(3) A 10 percent payroll tax on the self-employed, including general partnership income and other income subject to self-employment tax for Federal purposes, will be assessed, exempting the first $20,000 of payroll per self-employed taxpayer; income from all sources subject to tax in this section shall be combined and allowed one $20,000 exemption per taxpayer; and
(4) For the purposes of sections (2) and (3) above, each taxpayer will combine all income reported on from IRS Form W-2s and self-employment income and be allowed one $20,000 exemption. The exemption will apply first to W-2 income and then to self-employment income.
(5) A 10 percent tax on taxable unearned income and all other income not specifically excluded will be assessed on such income above $20,000. Exclusions not taxed: Social Security, Supplemental Security Income (SSI), Social Security Disability Income (SSDI), unemployment benefits, workers compensation benefits, sick pay, paid family and medical leave, capital gains resulting from the sale of owner-occupied two- or three-family rental property, and defined contribution and defined benefit pension payments. Capital gains from the portion attributed to a primary residence in excess of the exclusion allowed by Massachusetts law will be subject to the tax. The $20,000 exemption for this section shall be applied to each individual taxpayer.
(c) An employer, private or public, may agree to pay all or part of an employee’s payroll tax obligation. Such payment shall not be considered income to the employee for Massachusetts income tax purposes.
(d) Default, underpayment, or late payment of any tax or other obligation imposed by the Trust shall result in the remedies and penalties provided by law, except as provided in this section.
(e) Eligibility for benefits shall not be impaired by any default, underpayment, or late payment of any tax or other obligation imposed by the Trust.
(f) It is the intent of this act to establish a single public payer for all health care in the Commonwealth. Towards this end, public spending on health insurance shall be consolidated into the Trust to the greatest extent possible. Until such time as the role of all other payers for health care has been terminated, health care costs shall be collected from collateral sources whenever medical services provided to an individual are, or may be, covered services under a policy of insurance, health care service plan, or other collateral source available to that individual, or for which the individual has a right of action for compensation to the extent permitted by law.
(g) The Legislature shall be empowered to transfer funds from the General Fund sufficient to meet the Trust’s projected expenses beyond projected income from dedicated tax revenues. This lump transfer shall replace current General Fund spending on health benefits for state employees, services for patients at public in-patient facilities, and all means- or needs-tested health benefit programs.
(h) The Trust shall receive all monies paid to the Commonwealth by the federal government for health care services covered by the Trust. The Trust shall seek to maximize all sources of federal financial support for health care services in Massachusetts. Accordingly, the Executive Director shall seek all necessary waivers, exemptions, agreements, or legislation, if needed, so that all current federal payments for health care shall, consistent with the federal law, be paid directly to the Trust Fund. In obtaining the waivers, exemptions, agreements, or legislation, the Executive Director shall seek from the federal government a contribution for health care services in Massachusetts that shall not decrease in relation to the contribution to other states as a result of the waivers, exemptions, agreements, or legislation.
(i) As used in this section, “collateral source” includes all of the following:
(1) insurance policies written by insurers, including the medical components of automobile, homeowners, workers’ compensation, and other forms of insurance;
(2) health care service plans and pension plans;
(3) employee benefit contracts;
(4) government benefit programs;
(5) a judgment for damages for personal injury;
(6) any third party who is or may be liable to an individual for health care services or costs;
(j) As used in this section, “collateral sources” does not include either of the following:
(1) a contract or plan that is subject to federal preemption; and
(2) any governmental unit, agency, or service, to the extent that subrogation is prohibited by law.
(k) An entity described as a collateral source is not excluded from the obligations imposed by this section by virtue of a contract or relationship with a governmental unit, agency, or service.
(l) Whenever an individual receives health care services under the system Trust and the individual is entitled to coverage, reimbursement, indemnity, or other compensation from a collateral source, the individual shall notify the health care practitioner or facility and provide information identifying the collateral source other than federal sources, the nature and extent of coverage or entitlement, and other relevant information. The health care practitioner or facility shall forward this information to the Executive Director. The individual entitled to coverage, reimbursement, indemnity, or other compensation from a collateral source shall provide additional information as requested by the Executive Director.
(m) The Trust shall seek reimbursement from the collateral source for services provided to the individual, and may institute appropriate action, including suit, to recover the costs to the Trust. Upon demand, the collateral source shall pay to the Trust Fund the sums it would have paid or expended on behalf of the individuals for the health care services provided by the Trust.
(n) If a collateral source is exempt from subrogation or the obligation to reimburse the Trust as provided in this section, the Executive Director may require that an individual who is entitled to medical services from the collateral source first seek those services from that source before seeking those services from the Trust.
(o) To the extent permitted by federal law, contractual retiree health benefits provided by employers shall be subject to the same subrogation as other contracts, allowing the Trust to recover the cost of services provided to individuals covered by the retiree benefits, unless and until arrangements are made to transfer the revenues of the benefits directly to the Trust.
(p) The Trust shall retain:
(1) all charitable donations, gifts, grants, or bequests made to it from whatever source consistent with state and federal law;
(2) payments from third party payers for covered services rendered by eligible practitioners to non-eligible patients but paid for by the Trust; and
(3) income from the investment of Trust assets, consistent with state and federal law.
(q) Any employer who has a contract with an insurer, health services corporation, or health maintenance organization to provide health care services or benefits for its employees, which is in effect on the effective date of this section, shall be entitled to an income tax credit against premiums otherwise due in an amount equal to the Trust Fund tax due pursuant to this section.
(r) Any insurer, self-insured employers, union health and welfare fund, health services corporation, or health maintenance organization which provides health care services or benefits under a contract with an employer or group of employers, which is in effect on the effective date of this act, shall pay to the Trust Fund an amount equal to the Health Care Trust employer payroll tax based on the number of employees of each employer.
(s) Six months prior to the establishment of the Health Care Trust, all laws and regulations requiring health insurance carriers to maintain cash reserves for purposes of commercial stability (such as under Chapter 176G, Section 25 of the General Laws) shall be repealed. In their place, the Executive Director of the Trust shall assess an annual health care stabilization fee upon the same carriers, amounting to the same sum previously required to be held in reserves, which shall be credited to the Health Care Trust Fund.
Section 20. Insurance Reforms
Insurers regulated by the division of insurance are prohibited from charging premiums to eligible participants for coverage of services already covered by the Trust. The commissioner of insurance shall adopt, amend, alter, repeal, and enforce all such reasonable rules and regulations and orders as may be necessary to implement this section.
Section 21. Health Care Trust Regulatory Authority
The Trust shall adopt and promulgate regulations to implement the provisions of this chapter. The initial regulations may be adopted as emergency regulations but those emergency regulations shall be in effect only from the effective date of this chapter until the conclusion of the transition period.
Section 22. Implementation of the Health Care Trust
Not later than sixty days after enactment of this legislation, the Governor and Attorney General shall make the initial appointments to the Board of the Massachusetts Health Care Trust and coordinate with the Secretary of the Commonwealth to set the date for public elections of the eight Trustees elected by the citizens of the Commonwealth within four months of the appointments. The first meeting of the Board shall take place within 30 days of the election of the Trustees.
The Board shall immediately begin the process of hiring an Executive Director of the Trust, review enabling legislation, educating itself regarding general purposes, economics, and authority of the Trust. The Board shall develop a budget for the first year of transition and initiate the process of obtaining federal waivers and agreements concerning payments from Medicare, Medicaid, and other public programs. The Board shall also set a general timeframe for establishing the Trust with a launch date no less than one year and no more than 18 months after the first meeting of the Board.
In the first phase of transition, the Executive Director shall begin hiring staff, establishing the administrative and information technology infrastructure for the Trust, and negotiating reimbursement rates for health care services, pharmaceuticals, and medical equipment. Health care practitioners shall develop plans for transitioning to the Trust.
In the second phase of transition, the infrastructure of the Trust shall be established, including Regional Offices to provide public education about the new system; training of health care practitioners staff on systems for processing bills to the Trust; and introduction of accounting regulations to employers for payment of payroll taxes. Private insurers shall pay the annual health care stabilization fee. Residents of the Commonwealth shall receive health care identification cards with an explanation of benefits and contact information for their Regional office.
Funding for the establishment of the Trust during the transition period shall be provided by the Legislature, supplemented by the reserve funds of private insurers.
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An Act to remove HCA real estate barriers to equitable participation in the cannabis industry | H124 | HD3958 | 193 | {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:41:26.907'} | [{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:41:26.9066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:17:47.66'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H124/DocumentHistoryActions | Bill | By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 124) of Chynah Tyler and Lindsay N. Sabadosa for legislation to remove host community agreement real estate barriers to equitable participation in the cannabis industry. Cannabis Policy. | Subsection (a½) of section 4 of chapter 94G, as amended by Chapter 180 of the Acts of 2022so appearing, is hereby amended by striking out clauses (xxxi) and inserting in place thereof the following clauses:-
(xxxi) establish procedures and policies for municipalities to promote and encourage full participation in the regulated marijuana industry during negotiations of host community agreements with social equity program businesses and economic empowerment priority applicants, including policies and procedures that enable such businesses to obtain host community agreements without requiring a signed lease or real estate letter of intent; and
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An Act relative to Medicaid coverage for doula services | H1240 | HD2452 | 193 | {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T13:14:19.517'} | [{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T13:14:19.5166667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:15:04.4933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T11:53:25.3433333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-03T17:07:33.6266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T13:26:22.2066667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-26T15:35:36.1533333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-02-13T11:13:21.9466667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-22T13:45:48.51'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:40:03.3066667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-14T13:40:12.2466667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-10T15:00:06.69'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T15:23:22.0066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T14:34:37.8466667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-05-10T14:44:52.1933333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T15:04:16.66'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-27T17:11:28.6233333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:30:16.2'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T11:08:00.4633333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:15:43.1366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:18:51.2466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:29:46.4433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:17:42.3066667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T14:17:03.3033333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-10-17T14:37:33.4633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-24T12:15:03.9366667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:01:40.22'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T00:27:57.6933333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-14T12:37:22.45'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-17T08:52:07.3466667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-15T14:05:21.0433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-06T13:49:52.2933333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T13:26:34.4266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-15T09:48:39.69'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:13:36.12'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:02:17.3133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T08:48:10.4566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:32:20.53'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T14:49:11.4666667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-07T15:15:30.4233333'}] | {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T13:14:19.517'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1240/DocumentHistoryActions | Bill | By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied by bill, House, No. 1240) of Lindsay N. Sabadosa, Liz Miranda and others relative to Medicaid coverage for doula services. Health Care Financing. | SECTION 1: Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10-O: Medicaid Coverage for Doula Services.
(A) For purposes of this section, the term “doula services” shall have the following meaning:
“Doula Services” are physical, emotional, and informational support, but not medical care, provided by trained doulas to individuals and families during and after pregnancy, labor, childbirth, miscarriage, stillbirth or pregnancy loss. Doula services include but are not limited to:
(1) continuous labor support;
(2) prenatal, postpartum, and bereavement home or in-person visits throughout the perinatal period, lasting until 1 year after birth, pregnancy loss, stillbirth, or miscarriage;
(3) accompanying pregnant individuals to health care and social services appointments;
(4) providing support to individuals for loss of pregnancy or infant from conception
through one year postpartum;
(5) connecting individuals to community-based and state- and federally-funded resources, including those which address social determinants of health;
(6) making oneself available (being on-call) around the time of birth or loss as well as providing support for any concerns of pregnant individuals throughout pregnancy and until one year after birth, pregnancy loss, stillbirth, or miscarriage.
(7) providing support for other individuals providing care for a birthing parent, including a birthing parent’s partner and family members.
(B) Coverage of Doula Services:
(1) The Division shall provide coverage of doula services to pregnant individuals and postpartum individuals up to 12 months following the end of the pregnancy who are eligible for medical assistance under this chapter and/or through Title XIX or Title XXI of the Social Security Act. The Division shall provide the same coverage of doula services to pregnant and postpartum individuals who are not otherwise eligible for medical assistance under this chapter or Titles XIX or XXI of the Social Security Act solely because of their immigration status.
(2) The Division must cover continuous support through labor and childbirth, and at least up to six doula visits across the prenatal and one year postpartum period, including at least two postpartum visits, without the need for prior authorization. The Division must also establish a procedure to cover additional doula visits as needed.
(C) Creation of Doula Advisory Committee: There is hereby created a Doula Advisory Committee.
(1) The committee shall consist of 10-12 members to be appointed by the commissioner of public health, or designee.
(a) All but 2 of the members must be practicing doulas from the community; the remaining 2 members must be individuals from the community who have experienced pregnancy as a MassHealth member and are not practicing doulas.
(b) Among the members described in (a) above:
(i) at least 1 member must be a person who identifies as belonging to the LGBTQIA+ community;
(iii) at least 1 member must be a person who has experienced a severe maternal morbidity, a perinatal mental health or mood disorder, or a near-death experience while pregnant or in maternity care;
(iv) at least 1 member must be a person who identifies as a person with disabilities or disabled person;
(c) The members of the committee shall represent a diverse range of experience levels- from doulas new to the practice to more experienced doulas.
(d) The members of the committee shall be from areas within the Commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s most current perinatal data available at the time the member is appointed.
(e) The members of the committee shall represent an equitable geographic distribution from across the Commonwealth.
(2) The committee must be convened within six months of passage of this law.
(3) Of the initial appointments to the Doula Advisory Committee, half shall be appointed to a term of 2 years and half shall be appointed to a term of 18 months. Thereafter, all terms shall be 2 years. The commissioner of public health, or designee, shall fill vacancies as soon as practicable.
(4) At least once every 8 weeks, the Division must meet with the Doula Advisory Committee to consult about at least the following:
(a) the scope of doula services covered by MassHealth;
(b) doula competencies required for reimbursement by MassHealth, and standards of proof or demonstration of those competencies;
(c) the recruitment of a diverse workforce of doulas to provide services to MassHealth members;
(d) the development of comprehensive and high quality continuing education and training that is free or low cost to doulas committed to providing services to MassHealth members, as well as the development of mentorship and career growth opportunities for doulas providing services to MassHealth members;
(e) the performance of any third party administrators of MassHealth’s doula coverage program, and standards and processes around billing for and prompt reimbursement of doula services;
(f) establishing grievance procedures for doulas, MassHealth members, and health care providers about MassHealth’s coverage of doula services and/or the provision of doula services to MassHealth members;
(g) outreach to the public and stakeholders about how to access doula care for MassHealth members, and about the availability of and advantages of doula care;
(h) the evaluation and collection of data on the provision of, outcomes of, access to, and satisfaction with doula care services provided to MassHealth members;
(i) maintaining a reimbursement rate for doula services that incentivizes and supports a diverse workforce representative of the communities served, and establishing a recurring timeframe to review that rate in light of inflation and changing costs of living in the commonwealth;
(j) how to ensure that MassHealth’s doula reimbursement program is directed towards the goal of reducing inequities in maternal and birth outcomes among racial, ethnic, and cultural populations who reside in all areas within the commonwealth, as evidenced by the most current perinatal data supplied by the department of public health.
(5) Each year, the Doula Advisory Committee must, by a majority vote of a quorum of its members, select an individual to serve as its chairperson for a one year term. The Doula Advisory Committee may replace the chairperson in the same manner mid-term.
(6) The Doula Advisory Committee may, by a majority vote of a quorum of its members, reduce the frequency of meetings with MassHealth to less than once every 8 weeks.
(7) The division and the Department of Public Health shall seek resources to offer reasonable compensation to members of the Doula Advisory Committee for fulfilling their duties, and must reimburse members for actual and necessary expenses incurred while fulfilling their duties.
(8) The division, in partnership with the Doula Advisory Committee, shall conduct at least 1 public hearing or forum each year until three years after passage of this law. The purposes of these hearings or forums shall be to gather feedback from the public and to inform the public about MassHealth’s coverage of doula care.
SECTION 2. Chapter 29 of the Massachusetts General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Doula Workforce Development Trust Fund, hereinafter called the fund. The fund shall be administered by the department of career services which shall contract with the Commonwealth Corporation to administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources; and other gifts, grants and donations for the growth, training and continuous support of the doula workforce. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The Commonwealth Corporation shall make expenditures from the fund for the purposes of:
(i) the development and expansion of comprehensive doula training available across the commonwealth. including the development of doula training focused on meeting the needs of MassHealth members;
(ii) ensuring that doulas committed to serving MassHealth members have access to high quality doula training at no- or low-cost to them;
(iii) the recruitment and retention of doulas from communities with high concentrations of MassHealth members, as well as areas within the commonwealth where maternal and infant outcomes are worse than the state average, as evidenced by the MA Department of Public Health’s perinatal data.
(iv) expanding doula mentoring opportunities across the state, which provide new doulas the opportunity to attend births and incentivize experienced practicing doulas to take on mentees.
(v) leveraging funds to secure future federal funding to support doula workforce development in the commonwealth.
(c) The director of career services shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on labor and workforce development on the efforts undertaken in support of section (b) above; the number of doulas recruited and trained as a result of activities taken in support of (b) above, including but not limited to sex, gender identity, race, and ethnicity of such doulas; the amount of grants and identities of grantees awarded in support of section (b) above; and the availability of doula training at no- or low-cost to doulas committed to serving MassHealth members.
SECTION 3: Chapter 111 of the General Laws is hereby amended by inserting in section 70E after “Every patient or resident of a facility shall have the right:”:
(p) to have their birth doula’s continuous presence during labor and delivery. Facilities shall not place an undue burden on a patient’s doula’s access to clinical labor and delivery settings, and shall not arbitrarily exclude a patient’s doula from such settings.
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An Act to improve discharge opportunities from acute care facilities | H1241 | HD3373 | 193 | {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T12:14:49.96'} | [{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T12:14:49.96'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:13:30.26'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1241/DocumentHistoryActions | Bill | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1241) of Lindsay N. Sabadosa and James B. Eldridge for legislation to improve discharge opportunities from acute care facilities. Health Care Financing. | SECTION 1. Section 51 D of chapter 111 of the general laws as appearing in the 2020 Official Edition, is hereby amended, by inserting after item 7 of the requirements for a discharge plan, the following:
No person shall be discharged from an acute care facility licensed pursuant to this chapter without a review of post-acute care options presented in writing to the patient or the patient’s representative, not less than twenty-four hours prior to discharge Said review of post-acute care options shall give the highest priority to returning the patient to his or her residence or community of record, with appropriate service, if needed. In any case, where it is not deemed possible, a responsible official of the acute care facility shall provide a written explanation and certify said explanation as true and correct, pursuant to the provisions of section 5A of chapter 12 of the general laws.
SECTION 2. Said section 51, is hereby further amended by inserting after the word “Medicare,” wherever it appears, the following: “MassHealth, or private commercial insurance licensed in Massachusetts.”
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An Act providing equitable access to behavioral health services for MassHealth consumers | H1242 | HD3661 | 193 | {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T19:00:35.18'} | [{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T19:00:35.18'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1242/DocumentHistoryActions | Bill | By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1242) of Jon Santiago relative to providing equitable access to behavioral health services for MassHealth consumers. Health Care Financing. | SECTION 1. Section 12 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the ninth paragraph the following paragraphs:-
The division shall certify and ensure that all contracted accountable care organizations, contracted health insurers, health plans, health maintenance organizations, and behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan provide equal access to behavioral health services, benefits and medications of comparable quality in providing medical assistance to recipients.
The division shall obtain the approval of the secretary of the executive office of health and human services for all behavioral health services, benefits, and medications, including, but not limited to, policies, protocols, standards, contract specifications, utilization review and utilization management criteria and outcome measurements, used by all contracted accountable care organizations, contracted insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan.
Notwithstanding the provision of any general or special law to the contrary, all contracted accountable care organizations, contracted health insurers, health plans, health maintenance organizations and behavioral health management firms and third-party administrators under contract to a Medicaid managed care clinician plan shall submit its method of determining reimbursement levels to all network inpatient mental health and substance use providers and how such methodology is sufficient to meet the costs of providing inpatient care. Such method shall include, but not be limited to, the range of payment amounts including the median payment levels and how such payments are regularly updated. A report including this information shall be submitted to the division and the house and senate committees on ways and means; the committee on health care financing, and the committee on mental health, substance use and recovery no later than 90 days after the effective date of this act.
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An Act to ensure access to the full range of treatment options for people with obesity | H1243 | HD3858 | 193 | {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:57:58.57'} | [{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:57:58.57'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1243/DocumentHistoryActions | Bill | By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1243) of Jon Santiago for legislation to provide assistance for access to treatment options for people with obesity. Health Care Financing. | "SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10N, the following section:-
Section 10O. Notwithstanding any general or special rule to the contrary, the division shall require comprehensive coverage for treatment of obesity. The term “comprehensive coverage for treatment of obesity” includes coverage for prevention and wellness, nutrition counseling, intensive behavioral therapy, bariatric surgery, and FDA-approved anti-obesity medication. The term ‘FDA-approved anti-obesity medication’ refers to any medication approved by the US Food and Drug Administration with an indication for chronic weight management in patients with obesity.
a) Coverage criteria for FDA-approved anti-obesity medications provided under this section shall not be more restrictive than the FDA-approved indications for those treatments.
b) Coverage under this section shall be neither different nor separate from coverage for any other illness, condition, or disorder for purposes of determining deductibles, lifetime dollar limits, copayment and coinsurance factors, and benefit year maximum for deductibles and copayment and coinsurance factors.
c) Nothing shall preclude the undertaking of utilization management to determine the medical necessity for treatment of obesity under this section, provided that all such appropriateness and medical necessity determinations are made in the same manner as those determinations are made for the treatment of any other illness, condition, or disorder covered by such policy, contract, or plan.
d) The division shall provide notice to its members regarding the coverage required by this section. The notice shall be in writing and prominently positioned in any literature or correspondence sent to members and shall be transmitted to members within calendar year when annual information is made available to members, or in any other mailing or communication to members."
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An Act relative to stabilizing the Commonwealth's nursing facilities | H1244 | HD321 | 193 | {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T22:01:46.997'} | [{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T22:01:46.9966667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:19:03.9033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:31:20.4066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1244/DocumentHistoryActions | Bill | By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 1244) of Adam Scanlon, Vanna Howard and Denise C. Garlick relative to stabilizing nursing facility inflationary costs. Health Care Financing. | SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 official edition is hereby amended by inserting at the end thereof the following new sections: -
Section 80. In setting Medicaid rates for nursing homes, the executive office of health and human services shall annually recognize inflationary costs by adjusting nursing home allowable resident care base year costs to the rate year using the annual unadjusted Skilled Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid in the Medicare Skilled Nursing Facility prospective payment system rule.
Section 81. For the purpose of recognizing current labor and resident care costs in setting Medicaid nursing home rates, the executive office of health and human services shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than 2 years prior to the current rate year.
Section 82. For purposes of recognizing nursing labor costs performed for resident care, the executive office of health and human services shall set the so-called Nursing Cost Per Diem at the statewide average plus 10%.
Section 83: The executive office of health and human services shall ensure that facilities that serve a disproportionately high number of Medicaid residents receive an upward adjustment of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid residents must represent 75 percent or greater of all resident care days.
Section 84: In setting Medicaid capital rates for the Department of Public Health Determination of Need approved construction projects beginning October 1, 2024 in connection with, but not limited to, conversion of rooms with three or more residents to one- and two-bedded rooms, the executive office of health and human services shall set the rate at no less than the capital payment using the capital standard payment calculation methodology in effect on September 30, 2019 under 101 CMR 206.05.
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An Act relative to the primary care workforce development and loan repayment grant program at community health centers | H1245 | HD1724 | 193 | {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-18T16:48:16.093'} | [{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-18T16:48:16.0933333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T16:43:43.2266667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:29:55.1533333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T09:25:53.83'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:35:50.0666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T12:30:40.8633333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T15:47:24.0533333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:13:59.3733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T10:33:07.9233333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-17T14:48:47.4066667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T15:22:17.96'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T17:47:12.2633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:30:18.6533333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T18:54:43.1666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T14:56:41.53'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:19:02.0733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:51:14.1166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:19:35.89'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:43:10.02'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:03:50.66'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:10:31.7533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T14:00:17.2933333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-01T09:15:44.72'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:28:58.62'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:31:39.8266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1245/DocumentHistoryActions | Bill | By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 1245) of Thomas M. Stanley and others relative to the primary care workforce development and loan repayment grant program at community health centers. Health Care Financing. | SECTION 1. Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following after Section 16CC:
Section 16DD (a) There shall be established a primary care workforce development and loan forgiveness grant program at community health centers for the purpose of enhancing recruitment and retention of primary care physicians, other clinicians, bachelor’s degree-level mental health and primary care professionals including, but not limited to, community health workers, recovery coaches, and family partners, as well as all other non-clinician staff at community health centers throughout the Commonwealth. Priority shall be given to clinicians and bachelor’s degree-level mental health and primary care professionals. The grant program shall be administered by the Executive Office of Health and Human Services, provided, that the office may contract with an organization to administer the grant program. This program shall ensure the continuation of state-level loan repayment for clinicians at community health centers including but not limited to those programs established by Chapter 102 of the acts of 2021, reserve 1599-2026.
(b) the program shall prioritize the recruitment and retention of a culturally, ethnically and linguistically diverse workforce; provided further, that to be eligible for loan repayment assistance under this item, an individual shall: (a) work in a community health center (i) have outstanding educational debt; (ii) not participate in any other loan repayment program; and (iii) be required to enter into a contract with the commonwealth for not less than 4 years; provided further, that the amounts of assistance per individual shall be pro-rated for individuals working on a part-time basis; provided further, that the executive office shall promulgate regulations for the administration and enforcement of the loan repayment assistance program under this item which shall include penalties and repayment procedures if a participating individual fails to comply with the program requirements;
(c) The program shall be funded through expenditures from the Behavioral Health and Community-Based Primary Care Reserve established in section 2a of chapter 102 of the Acts of 2021.
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An Act relative to drug prices paid by carriers | H1246 | HD3312 | 193 | {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-20T11:54:26.79'} | [{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-20T11:54:26.79'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1246/DocumentHistoryActions | Bill | By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 1246) of William M. Straus relative to drug prices paid by carriers. Health Care Financing. | SECTION 1. Notwithstanding the provisions of any general or special law or regulation to the contrary, the division of insurance and the health policy commission shall promulgate regulations with the goal of ensuring that carriers, as defined in section 1 of chapter 6D of the General Laws, shall not pay more for drugs than the lowest price paid under any program overseen by the federal Centers for Medicare and Medicaid Services.
| Whereas, The deferred operation of this act would tend to defeat its purpose, which is to enhance the provision of medical services in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act relative to pharmacy benefit managers reimbursements to pharmacies in the Commonwealth | H1247 | HD2572 | 193 | {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:51:30.19'} | [{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:51:30.19'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:29:07.98'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:09:35.5'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1247/DocumentHistoryActions | Bill | By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1247) of Alyson M. Sullivan-Almeida, Michael J. Soter and David F. DeCoste relative to pharmacy benefit managers reimbursements to pharmacies in the Commonwealth. Health Care Financing. | Chapter 176D of the General Laws is hereby amended by inserting after section 3B the following section:-
Section 3C. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Maximum allowable cost list” or “list”, a list of drugs used by a pharmacy benefits manager in setting the maximum allowable cost upon which reimbursement to a pharmacy or pharmacist may be based.
"Pharmaceutical wholesaler", a person or entity that sells and distributes prescription pharmaceutical products, including without limitation a full line of brand-name, generic and over-the-counter pharmaceuticals, and that offers regular and private delivery to a pharmacy.
“Pharmacist”, as defined in section 1 of chapter 94C.
“Pharmacist services”, products, goods or services provided as a part of the practice of pharmacy.
“Pharmacy”, as defined in section 1 of chapter 94C.
"Pharmacy acquisition cost", the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice.
“Pharmacy benefits manager”, as defined in section 226 of chapter 175.
"Pharmacy benefits manager affiliate", (i) a pharmacy or pharmacist that directly or indirectly, through 1 or more intermediaries, owns or controls a pharmacy with a pharmacy benefits manager; or (ii) a pharmacy that directly or indirectly, through 1 or more intermediaries, is owned or controlled by or is under common ownership or control with a pharmacy benefits manager.
“Pharmacy benefits plan or program”, a plan or program that pays for, reimburses, covers the cost of or otherwise provides for pharmacist services to individuals who reside in or are employed in the commonwealth.
(b) Before a pharmacy benefits manager places or continues to administer a particular drug on a maximum allowable cost list, the drug shall: (i) be listed as therapeutically equivalent and pharmaceutically equivalent “A” or "B" rated in the United States Food and Drug Administration’s most recent version of the Orange Book or Green Book or have an NR or NA rating by Medi-span, Elsevier Gold Standard Drug Database or a similar rating by a nationally recognized reference; (ii) be available for purchase by each pharmacy in the commonwealth from national or regional wholesalers operating in the commonwealth; and (iii) not be obsolete.
(c) (1) A pharmacy benefits manager shall: (i) provide access to its maximum allowable cost list to each pharmacy subject to the list; (ii) update its maximum allowable cost list on a timely basis, but in no event later than 7 calendar days after an increase of 10 per cent or more in the pharmacy acquisition cost from 60 per cent or more of the pharmaceutical wholesalers doing business in the commonwealth or a change in the methodology upon which the list is based or in the value of a variable involved in the methodology; (iii) provide a process for each pharmacy subject to the maximum allowable cost list to receive prompt notification of an update to the list; and (iv) provide a reasonable administrative appeal procedure to allow pharmacies to challenge maximum allowable costs and reimbursements made under a maximum allowable cost for a specific drug or drugs as not meeting the requirements of this section or being below the pharmacy acquisition cost.
(2) The reasonable administrative appeal procedure shall include a dedicated telephone number and email address or website for the purpose of submitting administrative appeals. Pharmacies shall be able to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization. Pharmacies shall have no less than 7 business days to file an administrative appeal.
(3) The pharmacy benefits manager shall respond to a challenge based on reimbursements made under a maximum allowable cost within 7 business days after receipt of the challenge.
(4) If a challenge is based on maximum allowable cost and the appeal is upheld, the pharmacy benefits manager shall, within 7 business days after receipt of the challenge: (i) make the change in the maximum allowable cost; (ii) permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (iii) provide the National Drug Code for the drug that the increase or change is based upon to the pharmacy or pharmacist; and (iv) make the change in the maximum allowable cost effective for each similarly situated pharmacy as defined by the payor subject to the maximum allowable cost list.
(5) If a challenge is based on maximum allowable cost and the appeal is denied, the pharmacy benefits manager shall, within 7 business days after receipt of the challenge, provide the challenging pharmacy or pharmacist the National Drug Code for the drug and the name of the national or regional pharmaceutical wholesalers operating in the commonwealth that have the drug currently in stock at a price below the maximum allowable cost on the list.
(6) If the drug for which the National Drug Code provided by the pharmacy benefits manager is not available at a price below the pharmacy acquisition cost from the pharmaceutical wholesaler from which the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the price on the maximum allowable cost list to exceed the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.
(d) A pharmacy benefits manager shall not reimburse a pharmacy or pharmacist in an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services. The amount shall be calculated on a per unit basis based on the same generic product identifier or generic code number.
(e) A pharmacy or pharmacist may decline to provide pharmacist services to a patient or pharmacy benefits manager if, as a result of a maximum allowable cost list, a pharmacy or pharmacist would be paid less than the pharmacy acquisition cost of the pharmacy providing pharmacist services.
(f) This section shall apply to the pharmacy benefits manager employed by or under contract with MassHealth or the group insurance commission if, at any time, MassHealth or the group insurance commission engages the services of a pharmacy benefits manager to maintain a maximum allowable cost list.
(g) A violation of this section shall be a deceptive and unfair trade practice as described in section 2 of chapter 93A of the General Laws.
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An Act regarding Medicare savings programs eligibility | H1248 | HD1990 | 193 | {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-17T15:41:38.193'} | [{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-17T15:41:38.1933333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T09:41:57.0566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:39:36.3866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T15:48:23.02'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T16:26:51.76'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:17:33.5'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-21T11:16:18.1666667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T11:14:53.14'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:48:14.0166667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T11:51:01.8333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-20T10:09:20.64'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-29T09:13:32.2566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T09:16:44.1566667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-05T09:28:03.4666667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:35:33.7766667'}] | {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-17T15:41:38.193'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1248/DocumentHistoryActions | Bill | By Representatives Ultrino of Malden and Decker of Cambridge, a petition (accompanied by bill, House, No. 1248) of Steven Ultrino, Marjorie C. Decker and others relative to Medicare savings programs eligibility. Health Care Financing. | SECTION 1. Section 25A of Chapter 118E of the General Laws is hereby amended by replacing Section 25A with the following section:-
SECTION 25A. The division shall disregard income in an amount equivalent to one-hundred-sixty-five percent (165%) of the federal poverty level, as adjusted annually, in determining eligibility for the Qualified Medicare Beneficiary, Specified Low-Income Medicare Beneficiary and Qualified Individual programs, described in 42 U.S.C. §1396(a)(10)(E) and also known as the Medicare Savings or Medicare Buy-In Programs in the year in which the state plan amendment is approved;
The division shall not apply an asset test in determining eligibility for said Medicare Savings Programs;
The division shall implement a waiting list in any year in which the number of qualified applicants for the Qualified Individual Program exceeds the annual block grant amount for said program;
The division shall submit a state plan amendment to implement this section no later than 30 days after the effective date of this section and subsequently promulgate all regulations necessary to implement said income and asset disregards.
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An Act to update Medicaid resource limits for seniors | H1249 | HD1987 | 193 | {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-17T15:46:52.553'} | [{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-17T15:46:52.5533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T15:48:33.99'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T16:26:21.4433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:16:53.53'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-21T11:15:53.11'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-21T11:14:32.45'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-20T10:09:01.5733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T13:54:19.7333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1249/DocumentHistoryActions | Bill | By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 1249) of Steven Ultrino and others relative to Medicaid resource limits for seniors. Health Care Financing. | SECTION 1. Section 25 of chapter 118E of the General Laws is hereby amended by striking out subsection (1) in its entirety and replacing it with the following new subsection:-
(1) Monthly income in an amount not exceeding the level equivalent of 138% of the federal poverty level, as updated annually;
SECTION 2. Section 25 of chapter 118E of the General Laws is hereby amended by inserting after subsection (5) the following:
(6) the cash surrender value of any life insurance owned by the applicant or member or his or her spouse without regard to the face value of the policy or policies;
(7) resources in the amount of $10,000 per individual and $20,000 per couple.
The division shall submit a state plan amendment to implement this section no later than 30 days after the effective date of this section and subsequently promulgate all regulations necessary to implement said income and resource exemptions.
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An Act to create an open-container law for marijuana | H125 | HD2075 | 193 | {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:09:21.27'} | [{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:09:21.27'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H125/DocumentHistoryActions | Bill | By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 125) of Marcus S. Vaughn relative to the transportation of marijuana in motor vehicles. Cannabis Policy. | SECTION 1. Chapter 90 of the General Laws is hereby amended after Section 24I by inserting the following new section:-
“Section 24I½. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Marijuana”, the term “marijuana” or “marihuana” as defined in section 1 of chapter 94G.
“Edibles”, baked goods, candies, drinks, or other food items that contain marijuana, the drug cannabis, THC, or THC oils.
“Opened container of marijuana” any marijuana or marijuana product, including but not limited to edibles, in which the original packaging has been opened or the original seal broken and/or any edible that has been obviously altered from its original state. Marijuana and marijuana products, including but not limited to edibles, that are not manufactured by a licensed facility are considered open regardless of packaging.
'”Passenger area”, the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle’s trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.
(b) No person shall, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. A person who violates this subsection shall be punished by a civil penalty of not less than $100 or more than $500.
(c) This section shall not apply to: (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation so long as the driver is separated from the passengers in such a way that they will not be affected by any activities involving prepared paraphernalia or opened edibles, and (2) the living quarters of a house coach or house trailer.”
SECTION 2. Section 13 of Chapter 94G of the General Laws is hereby amended by striking out subsection (d).
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An Act to advance health equity | H1250 | HD2257 | 193 | {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-19T11:53:35.907'} | [{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-19T11:53:35.9066667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-01-19T21:29:29.7233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-27T14:11:56.8433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-27T14:08:27.14'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-30T19:25:02.4533333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T19:24:20.7666667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-03T11:38:32.3133333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-04-03T11:39:35.6633333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-03T11:38:17.7'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-03T11:38:05.4033333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-04-03T11:38:01.4966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-03T11:37:48.5566667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-04-11T08:25:31.42'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-05-15T06:46:14.49'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-09-05T11:29:11.05'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-09-05T11:29:11.05'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-09-05T11:29:11.05'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-09-11T13:04:08.4933333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-09-11T13:04:08.4933333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-09-11T13:04:08.4933333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-09-28T12:20:55.0766667'}] | {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-01-19T21:29:29.723'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1250/DocumentHistoryActions | Bill | By Representatives Williams of Springfield and Garcia of Chelsea, a petition (accompanied by bill, House, No. 1250) of Bud L. Williams, Judith A. Garcia and others for legislation to advance health equity and to establish a secretary of equity. Health Care Financing. | SECTION 1. Section 17A of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “the secretary of energy and environmental affairs,”, in line 4, the following words:- the secretary of equity,.
SECTION 2. Section 2 of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “energy and environmental affairs,”, in line 3, the following word:- equity,.
SECTION 3. Section 1 of chapter 6D, as appearing in the 2020 Official Edition, is hereby further amended by inserting after the definition of “Health care services” the following definition:-
“Health equity”, as defined in section 1 of chapter 6F.
SECTION 4. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Primary care provider” the following definition:-
“Priority population”, a population that is disproportionately impacted by health disparities.
SECTION 5. Subsection (b) of section 2 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “chairperson”, in line 12, the following words:- and 1 of whom shall have professional experience related to health equity and be Black, Indigenous, or a person of color.
SECTION 6. Clause (iv) of the fourth paragraph of subsection (e) of said section 2 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 115, the word “and”, and by inserting after said clause (iv) the following clause:-
(v) incorporate health equity into the exercising of powers and duties under this chapter; and.
SECTION 7. Said subsection (e) of said section 2 of said chapter 6D, as so appearing, is hereby further amended by redesignating clause (v), as inserted by section 15 of chapter 224 of the acts of 2012, as clause (vi).
SECTION 8. Subsection (g) of said section 2 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 140, “,” and inserting in place thereof the following words:- , including a chief health equity officer to assist in the carrying out of powers and duties relating to reducing health inequities experienced by priority populations.
SECTION 9. Section 3 of said chapter 6D, as so appearing, is hereby amended in subsection (k) by striking out, in line 38, the word “and”, in subsection (l) by striking out, in line 41, “.” and inserting in place thereof the word:- ; and.
SECTION 10. Said section 3 of said chapter 6D, as so appearing, is hereby amended by inserting after said subsection (l) the following subsection:-
(m) to incorporate health equity into the exercising of powers and duties under this chapter.
SECTION 11. Section 4 of said chapter 6D, as so appearing, is hereby amended by inserting after “commission”, in line 3, the following words:- , including policies relating to reducing health inequities experienced by priority populations.
SECTION 12. Section 5 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 11, “services” and inserting in place thereof the following words:- “services, including such access for priority populations to ensure health equity”.
SECTION 13. Subsection (d) of section 7 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 35, “those treatments; and (vi)” and inserting in place thereof the following words:- those treatments; (vi) to reduce identified disparities or otherwise advance equity in care delivery; and (vii).
SECTION 14. Subsection (a) of section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 6, “shall examine” and inserting in place thereof the following words:- shall examine: (1).
SECTION 15. Said subsection (a) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 9, “health care system” and inserting in place thereof the following words:- health care system; and (2) health inequities experienced by priority populations.
SECTION 16. Clause (i) of subsection (e) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 45, “and the impact of price transparency on prices” and inserting in place thereof the following words:- , the impact of price transparency on prices, and efforts to reduce health inequities experienced by priority populations.
SECTION 17. Clause (ii) of said subsection (e) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 58, “and any” and inserting in place thereof the following words:- , efforts to reduce health inequities experienced by priority populations, and any.
SECTION 18. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in lines 93 to 96, “annual report concerning spending trends and underlying factors, along with any recommendations for strategies to increase the efficiency of the health care system” and inserting in place thereof the following words: annual report concerning: (1) spending trends and underlying factors (including estimates of the cost of inequity for the purpose of identifying the impact of health disparities on total costs of care); (2) any recommendations for strategies to increase the efficiency of the health care system; and (3) any recommendations to reduce health inequities for priority populations based on data and input received pursuant to sections 10A and 2A(c)(7), respectively.
SECTION 19. Said subsection (g) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 100, “sections 8, 9 and 10” and inserting in place thereof:- sections 2A(c)(7), 8, 9, 10, and 10A.
SECTION 20. Said chapter 6D of the General Laws is hereby further amended by inserting after section 9 the following section:-
Section 9A. (a) The board shall establish aggregate primary care and behavioral health expenditure targets for the commonwealth, which the commission shall prominently publish on its website.
(b) The commission shall establish the aggregate primary care and behavioral health expenditure targets as follows:
(1) For the 3-year period ending with calendar year 2026, the aggregate target shall be equal to a 30 per cent increase above aggregate baseline expenditures and the target shall be equal to a 30 per cent increase above baseline expenditures.
(2) For calendar years 2027 and beyond, the commission may modify the target and aggregate target, to be effective for a 3-year period provided that the target and aggregate target shall be approved by a two-thirds vote of the board not later than December 31 of the final calendar year of the preceding 3-year period. If the commission does not act to establish an updated target and aggregate target pursuant to this subsection, the target shall be equal to a 30 per cent increase above baseline expenditures, and the aggregate target shall be equal to a 30 per cent increase above aggregate baseline expenditures until such time as the commission acts to modify the target and aggregate target. If the commission modifies the target and aggregate target, the modification shall not take effect until the 3-year period beginning with the next full calendar year.
(c) Prior to establishing the target and aggregate target, the commission shall hold a public hearing. The public hearing shall be based on the report submitted by the center under section 16(a) of chapter 12C, comparing the actual aggregate expenditures on primary care and behavioral health services to the aggregate target, any other data submitted by the center and such other pertinent information or data as may be available to the board. The hearing shall examine the performance of health care entities in meeting the target and the commonwealth’s health care system in meeting the aggregate target. The commission shall provide public notice of the hearing at least 45 days prior to the date of the hearing, including notice to the joint committee on health care financing. The joint committee on health care financing may participate in the hearing. The commission shall identify as witnesses for the public hearing a representative sample of providers, provider organizations, payers, community-based organizations, and such other interested parties as the commission may determine. Any other interested parties may testify at the hearing.
SECTION 21. Paragraph (15) of subsection (c) of section 15 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 168, “and”.
SECTION 22. Said subsection (c) of said chapter 6D, as so appearing, is hereby amended by inserting after said paragraph (15) the following paragraphs:-
(16) to ensure ACOs demonstrate compliance with standards that meet or exceed the national culturally and linguistically appropriate services standards of the United States Department of Health and Human Services, which also take into account care that is delivered in-person or via telehealth;
(17) to ensure ACOs demonstrate compliance with standards that meet or exceed the standards to attain the certification of the National Committee for Quality Assurance for the distinction in multicultural health care, which also take into account care that is delivered in-person or via telehealth; and.
SECTION 23. Said subsection (c) of section 15 of said chapter 6D, as so appearing, is hereby amended by redesignating paragraph (16), as inserted by section 15 of chapter 224 of the acts of 2012, as paragraph (18).
SECTION 24. The General Laws are hereby amended by inserting after chapter 6E the following chapter:-
CHAPTER 6F
EXECUTIVE OFFICE OF EQUITY
Section 1. Definitions
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Data dashboards”, information management tools used to track, analyze, and display in a user-friendly and accessible format important performance indicators, metrics, and data points for review by the general public and others.
“Equity”, the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have historically been denied such treatment, including: (1) Black, Latino, Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; (2) members of religious minorities; lesbian, gay, bisexual, transgender, and queer persons; (3) persons with disabilities; persons who live in rural areas; and (4) persons otherwise adversely affected by persistent poverty or inequality.
“Health equity”, the state in which everyone has a fair and just opportunity to be as healthy as possible. This requires removing obstacles to health and to health care services. Achieving health equity requires focused and ongoing efforts to address historical and contemporary injustices such as poverty and racism and efforts to address social determinants of health, including lack of access to good jobs with fair pay, quality education, safe and affordable housing, public transportation, safe and healthy environments, and health care. For the purposes of measurement, advancing health equity means reducing and ultimately eliminating disparities in health outcomes that adversely affect underserved, excluded, or marginalized groups.
“Office”, executive office of equity.
“Secretary”, secretary of equity.
“Social determinants of health”, the conditions in the environments where people are born, live, learn, work, play, worship, and age that affect a wide range of health outcomes, functioning, and quality-of-life outcomes and risks, including economic stability, education access and quality, health care access and quality, neighborhood and built environment, and social and community contexts.
Section 2. Establishment of office
There shall be an executive office of equity, which shall serve directly under the governor.
Section 3. Principal agency of executive department; purposes
The executive office of equity shall serve as the principal agency of the executive department for the following purposes:
(a) leading efforts toward equity, diversity, and inclusion across state government, within each executive office, and throughout the commonwealth; promoting access to equitable opportunities and resources that reduce disparities; and improving outcomes statewide across state government;
(b) developing multi-year strategic plans to advance equity within each executive office;
(c) developing standards for the collection, analysis, and public reporting of disaggregated data by race, ethnicity, language, and other socio-demographic factors as it pertains to tracking population level outcomes of communities; and creating statewide and executive office-specific process and outcome measures using outcome-based methodologies to determine the effectiveness of agency programs and services on reducing disparities;
(d) developing and implementing equity impact analyses at the request of any constitutional, executive, or legislative office and from time to time as deemed necessary by the secretary;
(e) creating and publishing data dashboards stratified and disaggregated by race, ethnicity, language, and other socio-demographic factors. Said dashboards shall include data relative to population level outcomes and to the process and outcome measures described in subsection (c) as well as any additional data the office deems important for the general public and decision makers. These dashboards shall comply with applicable privacy law but shall be publicly presented in a user-friendly format, with a focus on ensuring accessibility in its design; and
(f) coordinating with quasi-public entities in the commonwealth, including the health policy commission under chapter 6D and the center for health information and analysis under chapter 12C, for the purposes described in subsection (a).
Section 4. Secretary of equity; appointment; salary; powers and duties; undersecretaries of equity
The governor shall appoint the secretary of equity. Said secretary shall serve at the pleasure of the governor, shall receive such salary as the governor may determine, and shall devote full time to the duties of this office.
The secretary, in consultation with each respective secretary of each Massachusetts executive office, shall appoint an undersecretary of equity to assist each other Massachusetts executive office in applying an equity lens in all aspects of agency decision making, including service delivery, program development, policy development, and budgeting. The secretary shall appoint an undersecretary of equity for administration and finance, an undersecretary of equity for education, an undersecretary of equity for energy and environmental affairs, an undersecretary of equity for health and human services, an undersecretary of equity for housing, an undersecretary of economic development, an undersecretary of equity for labor and workforce development, an undersecretary of equity for public safety and security, an undersecretary of equity for transportation, an undersecretary of equity for veterans affairs, and an undersecretary of equity for climate innovation and resilience. Each person appointed as an undersecretary shall serve at the pleasure of her appointing secretary, shall have experience, and shall know the field or functions of such position.
The undersecretaries shall provide assistance to the executive offices by:
(a) facilitating information sharing between agencies related to diversity, equity, and inclusion;
(b) convening work groups or stakeholder advisory boards as needed;
(c) developing and providing assessment tools for agencies to use in the development and evaluation of agency programs, services, policies, and budgets;
(d) training the appropriate executive office staff on how to effectively use the assessment tools developed under subsection (c), including developing guidance on how to apply an equity lens to the executive office’s work when carrying out duties under this chapter;
(e) developing a form that will serve as each appropriate executive office’s diversity, equity, and inclusion plan, required to be submitted by the secretary of the executive office of equity under section 7 in a manner and at frequency determined appropriate by the undersecretaries. The office must post each final plan on the dashboard described in section 3;
(f) maintaining an inventory of the appropriate executive office’s work in the area of diversity, equity, and inclusion; and
(g) compiling and creating resources for executive offices to use as guidance when carrying out the requirements of this chapter.
Section 5. Advisory board
(a) There shall be an advisory board to the executive office of equity. The advisory board shall consist of: 3 persons appointed by the governor; 3 persons appointed by the president of the senate; 3 persons appointed by the speaker of the house of representatives; 3 persons appointed by the Massachusetts Black and Latino Legislative Caucus; 1 person appointed by the Secretary of Administration and Finance who shall have expertise in economic matters; 1 person appointed by the Secretary of Education who shall have expertise in education matters; 1 person appointed by the Secretary of Energy and Environmental Affairs who shall have expertise in environmental justice; 1 person appointed by the Secretary of Health and Human Services who shall have expertise in health equity and the social determinants of health; 1 person appointed by the Secretary of Housing who shall have expertise in housing policy; 1 person appointed by the Secretary of Economic Development who shall have expertise in economic development policy; 1 person appointed by the Secretary of Labor and Workforce Development who shall have expertise in labor and workforce development policy; 1 person appointed by the Secretary of Public Safety and Security who shall have expertise in criminal justice matters; 1 person appointed by the Secretary of Transportation who shall have expertise in transportation matters; 1 person appointed by the Secretary of Veterans Affairs who shall have expertise in matters related to veterans, and 1 person appointed by the Secretary of Office of Climate Innovation and Resilience who shall have experience in climate matters.
All members of the advisory board shall be residents of the commonwealth who are not employed by the commonwealth who have demonstrated a commitment to advancing equity and expertise in utilizing policy, systems and environmental strategies to address inequities. Criteria for selection of members shall consider diversity of geography; diversity of race and ethnicity; diversity of age; inclusion of individuals living with disabilities; and inclusion of individuals from the LGBTQ+ community. All members must have expertise in utilizing policy, systems and environmental strategies to address inequities. Members shall be considered special state employees for purposes of chapter 268A. All community representatives serving on the board shall be compensated for their time. The appointing authorities shall confer prior to making final appointments to ensure compliance with this provision.
(b) A member of the board shall serve a term of 3 years and until they vacate their membership or until a successor is appointed. Vacancies in the membership of the board shall be filled by the original appointing authority for the balance of the unexpired term.
(c) The board shall annually elect from among its members a chair, a vice chair, a treasurer, and any other officers it considers necessary. Notwithstanding the foregoing, the members of the board shall receive no compensation for their services; provided however that members shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The board shall advise the executive office of equity on the overall operation and policies of the office.
(e) The board shall meet no less than quarterly to discuss and debate matters related to the overall operation and policies of the executive office of equity.
(f) The board may request information and assistance from executive offices as the board requires.
Section 6. Strategic Plan; data dashboards; equity impact analysis
(a) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall develop a multi-year equity strategy to improve equity across government and the commonwealth, including improved access to affordable health care, quality food and housing, safe communities, quality education, employment for which people are paid a living wage and that includes good working conditions, and affordable transportation and child care.
(b) Notwithstanding any general or special law to the contrary, the secretary, in collaboration with other secretaries in the governor’s cabinet, shall publish and regularly update data dashboards on the executive office of equity’s website. To the extent possible, all data dashboards shall include data able to be disaggregated by (1) gender; (2) race; (3) ethnicity; (4) primary city or town of residence; (5) age; (6) disability; (7) primary language; (8) occupation; and (9) any other demographic information that the secretary deems important to understand inequities and disparities in the commonwealth.
(c) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall develop and implement equity impact analyses at the request of any constitutional, executive, or legislative office and from time to time as deemed necessary by the secretary. Equity impact analyses shall include, at a minimum, and to the extent that information is available, an analysis of whether the proposed policy is likely to promote or undermine equity, including health equity, in the commonwealth. Equity impact analyses may consider:
(1) direct impacts on disparities, inequities, the social determinants of health, and the determinants of equity, with special attention to the impacts on populations that have experienced marginalization or oppression;
(2) the quality and relevance of studies to evaluate said impacts;
(3) the availability of measures that would minimize any anticipated adverse equity consequences;
(4) the existence of adverse short-term and long-term equity consequences that cannot be avoided should the proposed policy be implemented;
(5) the availability of reasonable alternatives to the proposed policy; and
(6) the impact of the proposed policy on factors, including:
(A) income security, including adequate wages, relevant tax policies, access to affordable health insurance, retirement benefits, and paid leave;
(B) food security and nutrition, including food assistance program eligibility, enrollment, and assessments of food access and rates of access to unhealthy food and beverages;
(C) child development, education, and literacy rates, including opportunities for early childhood development and parenting support, rates of graduation compared to dropout rates, college attainment and adult literacy;
(D) housing, including access to affordable, safe and healthy housing; housing near parks and with access to healthy foods; and housing that incorporates universal design and visitability features;
(E) environmental quality, including exposure to toxins in the air, water and soil;
(F) accessible built environments that promote health and safety, including mixed-used land; active transportation such as improved pedestrian, bicycle and automobile safety; parks and green space; and healthy school siting;
(G) health care access, including accessible chronic disease management programs, access to affordable, high-quality health and behavioral health care, and the recruitment and retention of a diverse health care workforce;
(H) prevention efforts, including community-based education and availability of preventive services;
(I) assessing ongoing discrimination and minority stressors against individuals and groups in populations that have experienced marginalization or oppression based upon race, gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, disability, and other factors, including discrimination that is based upon bias and negative attitudes of health professionals and providers;
(J) neighborhood safety and collective efficacy, including rates of violence, increases or decreases in community cohesion, and collaborative efforts to improve the health and well-being of the community;
(K) culturally appropriate and competent services and training in all sectors, including training to eliminate bias, discrimination and mistreatment of persons in populations that have experienced marginalization or oppression;
(L) linguistically appropriate and competent services and training in all sectors, including the availability of information in alternative formats such as large font, braille and American Sign Language; and
(M) accessible, affordable and appropriate mental health services.
Section 7. Annual Report
The secretary shall, on or before the first Wednesday in December of each year, submit a report to the governor, the president of the senate, the speaker of the house of representatives, the chair of the senate committee on ways and means, and the chair of the house committee on ways and means. Such report shall list and discuss the proposals which have been made and the accomplishments which have been achieved during the preceding two years towards advancing equity within the executive office of equity, each other executive office and throughout the commonwealth. Said report shall contain a summary of the objectives of such proposals, their disposition, and such further recommendations for legislative or executive actions concerning these proposals or additional proposals as, in the judgment of the secretary, should be made to improve equity in the programs, services and business affairs of the commonwealth.
SECTION 25. Section 1 of said chapter 12C, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Health care services” the following definition:-
“Health equity”, as defined in section 1 of chapter 6F.
SECTION 26. Said section 1 of said chapter 12C, as so appearing, is hereby further amended by inserting after the definition of “Primary service area” the following definition:-
“Priority population”, as defined in section 1 of chapter 6D.
SECTION 27. Subsection (a) of section 2A of said chapter 12C, as so appearing, is hereby amended by inserting after “cybersecurity”, in line 9, the following words:- and 1 of whom shall have professional experience related to health equity and be Black, Indigenous, or a person of color.
SECTION 28. Paragraph (4) of subsection (c) of said section 2A of said chapter 12C, as so appearing, is hereby amended by striking out, in line 42, “center” and inserting in place thereof the following words:- center, including research and analysis concerning health disparities and health equity for priority populations of the commonwealth.
SECTION 29. Said section 2A of said chapter 12C, as so appearing, is hereby amended in paragraph (5) by striking out, in line 47, “and”, in paragraph (6) by striking out, in line 50, “.” and inserting in place thereof the following “; and”, and by inserting after said paragraph (6) the following new paragraph:-
(7) develop a process to hold annual public hearings to obtain input relating to health equity research and analysis priorities from healthcare consumers in the commonwealth, and it shall be the goal of the council for such hearings to obtain input from priority populations, the health disparities council under section 16O of chapter 6A, the division of medical assistance, and the department of public health. The council shall analyze the input received for the purposes of inclusion in the annual report described in section 16(a).
SECTION 30. Clause (v) of section 3 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 25, the following word:- “and”, and in clause (vi) by striking out, in line 27, “.” and inserting in place thereof:- ; (vii) to conduct research to improve the center’s understanding of: (I) barriers to health equity data collection under sections 10A; and (II) how to restore trust and respectfully engage with individuals from priority populations who are paid participants in such research; and (viii) to conduct research to improve the center’s understanding of how racial ethnic, cultural, and linguistic diversity in the healthcare workforce impacts health care access and care quality for priority populations. The center shall prepare a report on the research described in clauses (vii) and (viii), which shall include recommendations for policy improvements based on the center’s improved understanding and plans to implement such improvements.
SECTION 31. Said section 3 of said chapter 12C, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
The executive director shall appoint and may remove a chief health equity officer to assist in the carrying out of powers and duties under this chapter relating to reducing health inequities experienced by priority populations.
SECTION 32. Chapter 12C of the General Laws is hereby amended by inserting after section 10 the following section:-
Section 10A. (a) The center shall promulgate regulations that identify the types of entities specified in sections 8, 9, and 10 which the center determines possess data necessary to analyze health inequities experienced by priority populations in the commonwealth.
(b)(1) The center shall promulgate regulations necessary to ensure, to the extent practicable, the uniform reporting of information from such entities identified pursuant to the regulations described in subsection (a) and any other information the center determines appropriate. In promulgating such regulations, the center shall consult with: (A) the department of public health; and (B) the division of medical assistance.
(2) To ensure that standards with respect to health equity data for accountable care organizations under MassHealth are incorporated into such regulations, the regulations shall specify standardized measures for data collection to: (A) standardize and strengthen social risk factors data collection, including race (including meaningful capture of multi-racial), ethnicity, language, disability, sexual orientation, gender identity, ZIP code or census tract, and health-related social needs; (B) maintain robust structures to identify and understand disparities, including through stratified reporting on key performance indicators; and (C) account for social determinants of health, including food insecurity, housing stability, and community violence.
(c) The center shall provide technical assistance to such entities to ensure the data is reported in a manner consistent with such regulations.
(d) The center shall analyze such data and input received pursuant to subsection (b) and section 2A(c)(7), respectively.
(e) The center shall coordinate with the office of equity with respect to such data for the purpose of section 6 of chapter 6F.
SECTION 33. Section 11 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 2, “sections 8, 9 and 10” and inserting in place thereof the following words:- sections 8, 9, 10, and 10A.
SECTION 34. Section 16 of said chapter 12C, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The center shall publish an annual report based on the information submitted under this chapter concerning health care provider, provider organization and private and public health care payer costs and cost trends, section 13 of chapter 6D relative to market power reviews and section 15 relative to quality data. The center shall compare the costs, cost trends, and expenditures with the health care cost growth benchmark established under section 9A of said chapter 6D, analyzed by regions of the commonwealth, and shall compare the costs, cost trends, and expenditures with the aggregate primary care and behavioral health expenditure targets established under section 9A of said chapter 6D, and shall detail: (1) baseline information about cost, price, quality, utilization and market power in the commonwealth’s health care system; (2) cost growth trends for care provided within and outside of accountable care organizations and patient-centered medical homes; (3) cost growth trends by provider sector, including but not limited to, hospitals, hospital systems, non-acute providers, pharmaceuticals, medical devices and durable medical equipment; provided, however, that any detailed cost growth trend in the pharmaceutical sector shall consider the effect of drug rebates and other price concessions in the aggregate without disclosure of any product or manufacturer-specific rebate or price concession information, and without limiting or otherwise affecting the confidential or proprietary nature of any rebate or price concession agreement; (4) factors that contribute to cost growth within the commonwealth’s health care system and to the relationship between provider costs and payer premium rates; (5) primary care and behavioral health expenditure trends as compared to the aggregate baseline expenditures, as defined in section 1 of said chapter 6D; (6) the proportion of health care expenditures reimbursed under fee-for-service and alternative payment methodologies; (7) the impact of health care payment and delivery reform efforts on health care costs including, but not limited to, the development of limited and tiered networks, increased price transparency, increased utilization of electronic medical records and other health technology; (8) the impact of any assessments including, but not limited to, the health system benefit surcharge collected under section 68 of chapter 118E, on health insurance premiums; (9) trends in utilization of unnecessary or duplicative services, with particular emphasis on imaging and other high-cost services; (10) the prevalence and trends in adoption of alternative payment methodologies and impact of alternative payment methodologies on overall health care spending, insurance premiums and provider rates; (11) the development and status of provider organizations in the commonwealth including, but not limited to, acquisitions, mergers, consolidations and any evidence of excess consolidation or anti-competitive behavior by provider organizations; and (12) the impact of health care payment and delivery reform on the quality of care delivered in the commonwealth.
As part of its annual report, the center shall report on price variation between health care providers, by payer and provider type. The center’s report shall include: (1) baseline information about price variation between health care providers by payer including, but not limited to, identifying providers or provider organizations that are paid more than 10 per cent above or more than 10 per cent below the average relative price and identifying payers which have entered into alternative payment contracts that vary by more than 10 per cent; (2) the annual change in price variation, by payer, among the payer’s participating providers; (3) factors that contribute to price variation in the commonwealth’s health care system; (4) the impact of price variations on disproportionate share hospitals and other safety net providers; and (5) the impact of health reform efforts on price variation including, but not limited to, the impact of increased price transparency, increased prevalence of alternative payment contracts and increased prevalence of accountable care organizations and patient centered medical homes.
As part of its annual report, the center shall report on data and information received pursuant to section 10A and input received pursuant to section 2A(c)(7), including an analysis of the factors that may lead to health inequities for priority populations.
The center shall publish and provide the report to health policy commission at least 30 days before any hearing required under section 8 of chapter 6D. The center may contract with an outside organization with expertise in issues related to the topics of the hearings to produce this report.
The center shall publish the aggregate baseline expenditures starting in the 2024 annual report.
The center, in consultation with the commission, shall hold a public hearing and adopt or amend rules and regulations establishing the methodology for calculating baseline and subsequent years’ expenditures for individual health care entities within 90 days of the effective date.
The center, in consultation with the commission, shall determine the baseline expenditures for individual health care entities and shall report to each health care entity its respective baseline expenditures by not less than thirty days before publishing the results.
SECTION 35. Subsection (c) section 2GGGG of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 36, “and (6) to improve the affordability and quality of care” and inserting in place thereof the following words:- (6) to improve the affordability and quality of care; and (7) to reduce identified disparities or otherwise advance equity in care delivery.
SECTION 36. Chapter 111 of the General Laws is hereby amended by inserting after section 2J the following sections:-
Section 2K. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Environmental justice population”, as defined in section 62 of chapter 30.
"Health equity zone", a contiguous geographic area that: (1) demonstrates measurable and documented health inequities and poor health outcomes (including disproportionately high rates of maternal mortality and morbidity, infant and child health conditions, or chronic and infectious disease in the general population); and (2) meets criteria to be an environmental justice population or other definition of social inequity as determined by the department.
(b) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Health Equity Zone Trust Fund to be expended, without further appropriation, by the department of public health. The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) any fines and penalties allocated to the fund under the General Laws; (3) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (4) any interest earned on such revenues; and (5) any funds provided from other sources.
The commissioner of public health, as trustee, shall administer the fund. The commissioner, in consultation with the Health Equity Zone Advisory Board established under section 2L, shall make expenditures from the fund consistent with subsection (e).
(c) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.
(d) All expenditures from the Health Equity Zone Trust Fund shall support the state’s efforts to address health disparities and develop a stronger evidence base of effective place-based health equity interventions.
(e) The purpose of the Health Equity Zone Trust Fund is to enable the creation of so-called health equity zones, namely geographic areas where existing opportunities emerge and investments are made to address inequities in health outcomes. The Health Equity Zone Trust Fund will equip multi-sector partnerships which may include residents, businesses, community-organizations, municipal agencies to identify and create community determined solutions necessary to create just and fair conditions for health. Investments shall prioritize investment in the communities that have been systematically oppressed and where decades of disinvestment have created inequitable health outcomes.
The commissioner shall award not less than 85 per cent of the Health Equity Zone Trust Fund through a competitive grant process to municipalities, community-based organizations, regional-planning agencies that apply for the implementation, technical assistance, and evaluation of health equity activities. To be eligible to receive a grant to lead Health Equity Zone under this subsection, a recipient shall be: (1) a community-based organization or group of community-based organizations working in collaboration; (2) a community-based organization working in collaboration with 1 or more municipality; or (3) a regional planning agency. Expenditures from the fund for such purposes shall supplement and not replace existing local, state, private or federal public health-related funding.
(f) Priority shall be given to proposals in a geographic region of the state with a higher than average prevalence of preventable health conditions, as determined by the commissioner of public health, in consultation with the Health Equity Zone Advisory Board. If no proposals were offered in areas of the state with particular need, the department shall ask for a specific request for proposal for that specific region. If the commissioner determines that no suitable proposals have been received, such that the specific needs remain unmet, the department may work directly with municipalities or community-based organizations to develop grant proposals.
The department of public health shall, in consultation with the Health Equity Zone Advisory Board, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented or authorized by the department, provided, however, that the department shall make evaluation and accountability processes as minimally burdensome as is possible.
(g) The department of public health shall, annually on or before January 31, report on expenditures from the Health Equity Zone Trust Fund. The report shall include, but not be limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable to the administrative costs of the department of public health; (3) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; (4) the results of the evaluation assessing the activities funded through grants; and (5) an itemized list of expenditures used to support place-based health equity interventions. The report shall be provided to the chairpersons of the house and senate committees on ways and means and the joint committee on public health and shall be posted on the department of public health’s website.
(h) The department of public health shall, under the advice and guidance of the Health Equity Zone Advisory Board, annually report on its strategy for administration and allocation of the fund, including relevant evaluation criteria. The report shall set forth the rationale for such strategy.
(i) The department of public health shall promulgate regulations necessary to carry out this section.
Section 2L. There shall be a Health Equity Zone Advisory Board to make recommendations to the commissioner concerning the administration and allocation of the Health Equity Zone Trust Fund established in section 2K, establish evaluation criteria and perform any other functions specifically granted to it by law.
The board shall consist of: the commissioner of public health or a designee, who shall serve as co-chairperson; and 10 persons to be appointed by the commissioner through a public nomination process, 4 of whom shall be community representatives with lived experience of health inequities in their communities (one of whom shall serve as co-chair); 1 of whom shall be a person with expertise in the field of health equity; 1 of whom shall be a person from a local board of health for a city or town with a population greater than 50,000; 1 of whom shall be a person of a board of health for a city or town with a population of fewer than 50,000; 1 of whom shall be a person from a hospital association; 1 of whom shall be a person from a statewide public health organization; 1 of whom shall be a representative of a community development corporation or association representing community development corporations and 1 of whom shall be a community health worker or a person from an association representing community health workers. Criteria for selection of members shall consider diversity of geography; diversity by race and ethnicity; expertise in program design and implementation; expertise in health equity; expertise in utilizing policy, systems and environmental strategies to address health inequities. All community representatives serving on the board shall be compensated for their time at an amount determined by the Commissioner.
SECTION 37. Subsection (g) of section 25C of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, by inserting after “account”, in line 103, the following words:- the findings of the health equity assessment described in subsection (o) and.
SECTION 38. Said subsection (g) of section 25C of chapter 111, as so appearing, is hereby amended by striking out, in line 104, “from” and inserting in place thereof the following words:- “from the office of equity,”.
SECTION 39. Said section 25C of chapter 111, as so appearing, is hereby amended, by inserting after subsection (n) the following subsection:-
(o) A determination of need under this section shall take into account a health equity assessment, which shall be included in the application described in subsection (h). Such application shall include: (1) a demonstration of whether, and if so how, the extent to which such populations in the applicant’s service area access the applicant’s facility or services at the time of the application and the extent to which the proposed construction or change of services is expected to impact that access; (2) a description of the amount of indigent care, both free and below cost, that will be offered by the applicant if the construction or service change is approved; (3) an assessment of any impacts on access by public or private transportation, including applicant-sponsored transportation services, to the applicant’s facility if the construction or change in services is implemented, highlighting access by public transportation; and (4) a description of the proposed means of assuring effective communication between the applicant’s facility, health-related service staff, people of limited English-speaking ability, and those with speech, hearing or visual impairments handicaps if the construction or change in services is implemented.
SECTION 40. Clause (ii) of paragraph (4) of subsection (a) of section 25L of chapter 111, as so appearing, is hereby amended by striking out, in line 47, “comprehensive recruitment initiatives” and inserting in place thereof the following words:- comprehensive recruitment initiatives (including initiatives to support the recruitment and retention of individuals, notwithstanding immigration status, who work in health care settings and are not traditionally recipients of scholarship and student loan repayment programs).
SECTION 41. Chapter 112 of the General Laws is hereby amended by inserting after section 51A the following section:-
Section 51B. (a) As used in this section, the following words shall have the following meanings:
“Board”, each board of registration authorized to establish continuing education requirements for healthcare professions under this chapter (as determined by the commissioner of public health) and the Massachusetts Board of Registration in Medicine.
“Cultural safety”, an examination by health care professionals of themselves and the potential impact of their own culture on clinical interactions and health care service delivery. This requires individual health care professionals and health care organizations to acknowledge and address their own biases, attitudes, assumptions, stereotypes, prejudices, structures, and characteristics that may affect the quality of care provided. In doing so, cultural safety encompasses a critical consciousness where health care professionals and health care organizations engage in ongoing self-reflection and self-awareness and hold themselves accountable for providing culturally safe care, as defined by the patient and their communities, and as measured through progress towards achieving health equity. Cultural safety requires health care professionals and their associated health care organizations to influence health care to reduce bias and achieve equity within the workforce and working environment.
“Structural competency”, a shift in medical education away from pedagogic approaches to stigma and inequalities that emphasize cross-cultural understandings of individual patients, toward attention to forces that influence health outcomes at levels above individual interactions. Structural competency reviews existing structural approaches to stigma and health inequities developed outside of medicine and proposes changes to United States medical education that will infuse clinical training with a structural focus.
(b) By January 1, 2026, the board shall adopt rules requiring a licensee to complete health equity continuing education training at least once every four years.
(c) Health equity continuing education courses may be taken in addition to or, if the board determines the course fulfills existing continuing education requirements, in place of other continuing education requirements imposed by the board.
(d)(1) The secretary and the board must work collaboratively to provide information to licensees about available courses. The secretary and board shall consult with patients and communities with lived experiences of health inequities or racism in the health care system and relevant professional organizations when developing the information and must make this information available by July 1, 2025. The information should include a course option that is free of charge to licensees.
(2) By January 1, 2026, the department, in consultation with the board, shall adopt model rules establishing the minimum standards for continuing education programs meeting the requirements of this section. The department shall consult with patients and communities with lived experience of health inequities or racism in the health care system, relevant professional organizations, and the board in the development of these rules.
(3) The minimum standards must include instruction on skills to address the structural factors, such as bias, racism, and poverty, that manifest as health inequities. These skills include individual-level and system-level intervention, and self-reflection to assess how the licensee’s social position can influence their relationship with patients and their communities. These skills enable a health care professional to care effectively for patients from diverse cultures, groups, and communities, varying in race, ethnicity, gender identity, sexuality, religion, age, ability, socioeconomic status, and other categories of identity. The courses must assess the licensee’s ability to apply health equity concepts into practice. Course topics may include, but are not limited to: (A) strategies for recognizing patterns of health care disparities on an individual, institutional, and structural level and eliminating factors that influence them; (B) intercultural communication skills training, including how to work effectively with an interpreter and how communication styles differ across cultures; (C) implicit bias training to identify strategies to reduce bias during assessment and diagnosis; (D) methods for addressing the emotional well-being of children and youth of diverse backgrounds; (E) ensuring equity and antiracism in care delivery pertaining to medical developments and emerging therapies; (F) structural competency training addressing five core competencies, which are: (i) recognizing the structures that shape clinical interactions; (ii) developing an extra clinical language of structure; (iii) rearticulating cultural formulations in structural terms; (iv) observing and imagining structural interventions; and (v) developing structural humility; and (G) cultural safety training.
(e) The board may adopt rules to implement and administer this section, including rules to establish a process to determine if a continuing education course meets the health equity continuing education requirement established in this section.
SECTION 42. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after section 16D the following sections:-
Section 16E. (a) Notwithstanding any other law, there is hereby established a program of comprehensive health coverage for children and young adults under the age of 21 who are residents of the commonwealth, as defined under section 8 of this chapter, who are not otherwise eligible for comprehensive benefits under Title XIX or XXI of the Social Security Act or under the demonstration pursuant to Section 9A of this chapter solely due to their immigration status. Children and young adults shall be eligible to receive comprehensive MassHealth benefits equivalent to the benefits available to individuals of like age and income under categorical and financial eligibility requirements established by the executive office pursuant to said Title XIX and Title XXI.
(b) The executive office shall maximize federal financial participation for the benefits provided under this section, however benefits under this section shall not be conditioned on the availability of federal financial participation.
(c) The program shall be implemented no later than January 1, 2025.
Section 16F. (a) Notwithstanding any other law, there is hereby established a program of comprehensive health coverage for individuals who are residents of the commonwealth, as defined under section 8 of chapter 118E, who are not otherwise eligible for comprehensive benefits under Title XIX or XXI of the Social Security Act or under the demonstration pursuant to Section 9A of chapter 118E solely due to their immigration status, except in the case of children or young adults otherwise eligible for comprehensive health coverage pursuant to section 16E. Such individuals shall be eligible to receive comprehensive MassHealth benefits equivalent to the benefits available to individuals of like age and income under categorical and financial eligibility requirements established by the Executive Office pursuant to said Title XIX and Title XXI.
(b) The Executive Office shall maximize federal financial participation for the benefits provided under this section, provided, however, that benefits under this section shall not be conditioned on the availability of federal financial participation.
(c) The program shall be implemented no later than January 1, 2025.
SECTION 43. Paragraph (5) of section 36 of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in line 14, “.” and inserting in place thereof the following:- ;.
SECTION 44. Said section 36 of said chapter 118E, as so appearing, is hereby amended by inserting after said paragraph (5) the following paragraphs:-
(6) with respect to institutional providers, agree to implement measurable diversity, equity, and inclusion initiatives (including recruitment, hiring, and retention); and
(7) with respect to institutional providers, agree to expand mental health and wellness benefits for employees.
SECTION 45. Section 76 of chapter 260 of the Acts of 2020 is hereby amended by striking out the words “Sections 63 and 69 are hereby repealed” and inserting in place thereof the following words:- Section 63 is hereby repealed.
SECTION 46. (a) Notwithstanding any general or special law to the contrary, there shall be established a program for cost-sharing eliminations for targeted high-value services, treatments and prescription drugs used to treat certain chronic conditions. In order to implement said program, the secretary of health and human services, in consultation with the secretary of equity, the commissioner of insurance, the commissioner of public health and the center for health information and analysis, shall identify one to three services, treatments and prescription drugs in total used to treat each of the following chronic conditions: diabetes, asthma, chronic obstructive pulmonary disease, hypertension, coronary artery disease, congestive heart failure, opioid use disorder, bipolar disorder, and schizophrenia.
In determining the targeted high-value services, treatments and prescription drugs, the secretary shall consider appropriate services, treatments and prescription drugs that are: (1) out-patient or ambulatory services, including medications, lab tests, procedures, and office visits, generally offered in the primary care or medical home setting; (2) of clear benefit, strongly supported by clinical evidence to be cost-effective; (3) likely to reduce hospitalizations or emergency department visits, or reduce future exacerbations of illness progression, or improve quality of life; (4) relatively low cost when compared to the cost of an acute illness or incident prevented or delayed by the use of the service, treatment or drug; and (5) at low risk for overutilization, abuse, addiction, diversion or fraud.
The secretary may further take into consideration other independent resources or models proven effective in reducing financial barriers to high-value care.
(b) Any policy, contract or certificate of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G or 176Q of the General Laws shall provide coverage for the identified services, treatments and prescription drugs. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible, pursuant to guidance from the secretary of health and human services, notwithstanding whether an identified service or treatment was delivered in-person or via telehealth (as defined in section 79(a) of chapter 118E). The commissioner of the division of insurance shall adopt any written policies, procedures or regulations necessary to implement said program.
(c) Every two years, the center for health information and analysis shall evaluate the effect of this section and update the targeted high-value services, treatments and prescription drugs specified pursuant to subsection (a). Said evaluation shall include the impact of this section on treatment adherence, incidence of related acute events, premiums and cost sharing, overall health, long-term health costs, and other issues that the center may determine necessary. The center may collaborate with an independent research organization to conduct said evaluation. The center shall file a report on its findings, which shall be filed with the clerks of the house of representatives and senate, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means.
(d) The program shall be implemented no later than January 1, 2026.
SECTION 47. The first sentence of the first paragraph of section 410 of chapter 159 of the Acts of 2000 is hereby amended by striking out “upgrade skills of certified nurse's aides and entry-level workers entry-level workers” and inserting in place thereof the following words:- in nursing homes and in safety net hospitals and other providers (as determined by the Corporation).
(b) The first sentence of the second paragraph of said section 410 of said chapter 159 is hereby amended by striking out “nursing homes or consortiums of nursing homes” and inserting in place thereof the following words:- nursing homes or consortiums of nursing homes, and safety net hospitals and other providers as determined by the Corporation.
SECTION 48. Notwithstanding any general or special law to the contrary, the commissioner of public health shall revise the licensing requirements under chapter 112 of the General Laws of foreign-trained health professionals to increase healthcare access in underserved areas of the commonwealth. Such revisions shall maintain licensure standards that are substantially similar to standards applicable to domestically-trained health professionals licensed under this chapter.
SECTION 49. Notwithstanding any general or special law to the contrary, the commissioner of public health, in consultation with the assistant secretary for MassHealth, shall develop standardized, tiered, and stackable credentials for certification of lower-wage positions furnishing services funded through the MassHealth program.
SECTION 50. (a) Notwithstanding any general or special law to the contrary, the secretary of health and human services or designee shall, subject to appropriation, provide funding, in consultation with the secretary of equity and commissioner of public health, to safety net hospitals and community-based providers with a high Medicaid payer mix (as determined by the secretary) to advance health equity and to address disparities in resources for facilities serving priority populations who predominantly rely on Medicaid. In providing such funding, the secretary shall prioritize safety net hospitals that: (1) have a high Medicaid payer mix; (2) have an average statewide average acute hospital commercial relative price of less than 0.90 (as calculated by the center for health information and analysis); and (3) are not a part of a large health system (as determined by the secretary). Such support may be used as the safety net hospital or community-based provider determines appropriate, including for such purposes as patient care operations, access, infrastructure, or capacity building.
(b) The executive office shall maximize federal financial participation for the funding under this section, provided, however, that funding under this section shall not be conditioned on the availability of federal financial participation.
SECTION 51. (a) Notwithstanding any general or special law to the contrary, the assistant secretary for MassHealth shall establish payment models that incentivize the integration of behavioral health, oral health, and pharmacy services in primary care settings under the MassHealth program.
(b) The executive office shall maximize federal financial participation for the benefits provided under this section, provided, however, that benefits under this section shall not be conditioned on the availability of federal financial participation.
SECTION 52. (a) Notwithstanding any general or special law to the contrary, the appointive boards and commissions of the commonwealth identified pursuant to subsection (b) shall, to the extent practicable, be composed of at least 50 percent women, and at least 25 percent Black, Indigenous, or other people of color. The appointing authorities for the board shall consult each other to ensure compliance with this provision.
(b) For purposes of subsection (a), the appointive boards and commissions of the commonwealth identified in this subsection are the following:
(1) the governing board of the health policy commission under section 2 of chapter 6D of the General Laws;
(2) the advisory board to the executive office of equity under section 5 of chapter 6F of the General Laws;
(3) the health information and analysis oversight council under section 2A of chapter 12C of the General Laws;
(4) the board of registration in medicine, the board of registration of nursing, and the board of certification of community health workers under sections 10, 13, and 108 of chapter 13 of the General Laws, respectively;
(5) the public health council under section 3 of chapter 17 of the General Laws; and
(6) any other board or commission under the supervision of the commissioner of public health that the commissioner determines appropriate.
SECTION 53. Sections 5, 8, 27, and 31 shall take effect 90 days after passage of this act.
SECTION 54. Sections 6, 7, 9, 10, 11, 12, 28, 34, 40, 43, 44, 47, 48, 49, and 52 shall take effect 180 days after passage of this act.
SECTION 55. Sections 29, 32, 33, and 51 shall take effect 1 year after passage of this act.
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An Act relative to Massachusetts joining the nursing licensure compact | H1251 | HD620 | 193 | {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T05:23:56.22'} | [{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T05:23:56.22'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1251/DocumentHistoryActions | Bill | By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1251) of Bud L. Williams relative to participation in the national nurse licensure compact agreement. Health Care Financing. | SECTION 1. Subsection (c) of section 14 of chapter 13 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 14, after the word “twelve”, the following words:- and chapter 112A.
SECTION 2. The General Laws are hereby amended by inserting after chapter 112 the following chapter:-
CHAPTER 112A
NURSE LICENSURE COMPACT
Section 1. As used in this chapter, the following words shall have the following meanings:
“Adverse action”, any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist action.
“Alternative program”, a non-disciplinary monitoring program approved by a licensing board.
“Compact” or “nurse licensure compact”, the legally binding agreement between party states as adopted by the National Council of State Boards of Nursing, Inc. nurse licensure compact, and entered into by the commonwealth in accordance with this chapter.
“Coordinated licensure information system”, an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
“Current significant investigative information”, (i) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction or (ii) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
“Encumbrance”, a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
“Home state”, the party state which is the nurse’s primary state of residence.
“Interstate commission”, the interstate commission of nurse licensure compact administrators as established in section 6 of this chapter.
“Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.
“Multistate license”, a license to practice as a registered nurse or a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
“Multistate licensure privilege”, a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse or as a licensed practical or vocational nurse in a remote state.
“Nurse”, registered nurse or a licensed practical or vocational nurse, as those terms are defined by each party state’s practice laws.
“Party state”, the commonwealth and any other state that has adopted this compact.
“Remote state”, a party state other than the home state.
“Single-state license”, a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
“State”, a state, territory or possession of the United States and the District of Columbia.
“State practice laws”, a party state’s laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and establish the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
Section 2. (a) A multistate license to practice as a nurse issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical or vocational nurse, under a multistate licensure privilege, in each party state.
(b) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(1) Meets the home state’s qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;
(2) (i) Has graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (ii) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that (A) has been approved by the authorized accrediting body in the applicable country and (B) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;
(3) Has, if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
(4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;
(5) Is eligible for or holds an active, unencumbered license;
(6) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
(7) Has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
(8) Has not been convicted or found guilty, or entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(9) Is not currently enrolled in an alternative program;
(10) Is subject to self-disclosure requirements regarding current participation in an alternative program; and
(11) Has a valid United States Social Security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:
(i) a nurse, who changes primary state of residence after this compact’s effective date, must meet all applicable requirements under section 2 to obtain a multistate license from a new home state; and
(ii) a nurse who fails to satisfy the multistate licensure requirements in section 2 due to a disqualifying event occurring after this compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.
Section 3. (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the interstate commission including:
(i) the nurse may apply for licensure in advance of a change in primary state of residence; and
(ii) a multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
Section 4. (a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
(1) Take adverse action against a nurse’s multistate licensure privilege to practice within that party state, but:
(i) only the home state shall have the power to take adverse action against a nurse’s license issued by the home state; and
(ii) for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.
(3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate actions and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
(6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.
(7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
Section 5. (a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The interstate commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications with the reasons for such denials and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum: (i) identifying information; (ii) licensure data; (iii) information related to alternative program participation; and (iv) other information that may facilitate the administration of this compact, as determined by interstate commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Section 6. (a) The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.
(1) The interstate commission is an instrumentality of the party states;
(2) Venue is proper, and judicial proceedings by or against the interstate commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the interstate commission is located. The interstate commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings; and
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) (1) Each party state shall have and be limited to 1 administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the interstate commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.
(3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the interstate commission.
(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 7.
(5) The interstate commission may convene in a closed, nonpublic meeting if the interstate commission must discuss: (i) Noncompliance of a party state with its obligations under this compact; (ii) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the interstate commission’s internal personnel practices and procedures; (iii) Current, threatened or reasonably anticipated litigation; (iv) Negotiation of contracts for the purchase or sale of goods, services or real estate; (v) Accusing any person of a crime or formally censuring any person; (vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (viii) Disclosure of investigatory records compiled for law enforcement purposes; (ix) Disclosure of information related to any reports prepared by or on behalf of the interstate commission for the purpose of investigation of compliance with this compact; or (x) Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the interstate commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or order of a court of competent jurisdiction.
(c) The interstate commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to: (1) Establishing the fiscal year of the interstate commission; (2) Providing reasonable standards and procedures: (i) For the establishment and meetings of other committees; and (ii) Governing any general or specific delegation of any authority or function of the interstate commission; (3) Providing reasonable procedures for calling and conducting meetings of the interstate commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The interstate commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the interstate commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed; (4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission; (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission; and (6) Providing a mechanism for winding up the operations of the interstate commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;
(d) The interstate commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the interstate commission.
(e) The interstate commission shall maintain its financial records in accordance with the bylaws.
(f) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(g) The interstate commission shall have the following powers: (1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states; (2) To bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; (3) To purchase and maintain insurance and bonds; (4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; (5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the interstate commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; (7) To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the interstate commission shall avoid any appearance of impropriety or conflict of interest; (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the interstate commission shall avoid any appearance of impropriety; (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; (10) To establish a budget and make expenditures; (11) To borrow money; (12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; (13) To provide and receive information from, and to cooperate with, law enforcement agencies; (14) To adopt and use an official seal; and (15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
(h) (1) The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The interstate commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule that is binding upon all party states.
(3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.
(i) (1) The administrators, officers, executive director, employees and representatives of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
(2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.
(3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.
(c) Prior to promulgation and adoption of a final rule or rules by the interstate commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the interstate commission shall file a notice of proposed rulemaking: (1) On the website of the interstate commission; and (2) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include: (1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon; (2) The text of the proposed rule or amendment, and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(f) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(g) The interstate commission shall publish the place, time and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.
(h) If no one appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.
(j) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety or welfare; (2) Prevent a loss of interstate commission or party state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(l) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the interstate commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the interstate commission.
Section 8. (a) (1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent.
(2) The interstate commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the interstate commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
(b) (1) If the interstate commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the interstate commission shall: (i) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the interstate commission; and (ii) Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.
(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The interstate commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the interstate commission and the defaulting state.
(6) The defaulting state may appeal the action of the interstate commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
(c) (1) Upon request by a party state, the interstate commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.
(2) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(3) In the event the interstate commission cannot resolve disputes among party states arising under this compact: (i) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and (ii) The decision of a majority of the arbitrators shall be final and binding.
(d) (1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the interstate commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the interstate commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may pursue any other remedies available under federal or state law.
Section 9. (a) Each party state to this compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(c) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.
(e) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(f) Representatives of non-party states to this compact shall be invited to participate in the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this compact by all states.
Section 10. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Section 11. The executive director of the board of registration in nursing, or the board executive director’s designee, shall be the administrator of the nurse licensure compact for the commonwealth.
Section 12. The board of registration in nursing shall adopt regulations in the same manner as all other with states legally joining in the compact and may adopt additional regulations as necessary to implement the provisions of this chapter.
Section 13. The board of registration in nursing may recover from a nurse the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
Section 14. The board of registration in nursing may take disciplinary action against the practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in the commonwealth under a license issued by party state. The board’s disciplinary action may be based on disciplinary action against the nurse’s license taken by the nurse’s home state.
Section 15. In reporting information to the coordinated licensure information system under section 8 of this chapter related to the nurse licensure compact, the board of registration in nursing may disclose personally identifiable information about the nurse, including social security number.
Section 16. Nothing in this chapter, nor the entrance of the commonwealth into the nurse licensure compact shall be construed to supersede existing labor laws.
Section 17. The commonwealth, its officers and employees, and the board of registration in nursing and its agents who act in accordance with the provisions of this chapter shall not be liable on account of any act or omission in good faith while engaged in the performance of their duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or recklessness.
Section 18. As part of the licensure and background check process for a multistate license and to determine the suitability of an applicant for multistate licensure, the board of registration in nursing, prior to issuing any multistate license, shall conduct a fingerprint-based check of the state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-544.
Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services for requests submitted by the board of registration in nursing as authorized under this section to ensure the continued suitability of these individuals for licensure. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to the executive director of the board of registration in nursing and authorized staff of the board.
All applicants shall pay a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of chapter 29.
The board of registration in nursing may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the board of registration in nursing obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of registration in nursing receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that an applicant for licensure provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant’s suitability for licensure.
Section 19. The nurse licensure compact is hereby adopted and entered into with all other jurisdictions that legally join in the compact.
SECTION 3. Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health, excluding the board of registration in medicine, as necessary to implement the provisions of chapter 112A of the General Laws. The amount of the increase in fees shall be deposited in the Quality in Health Professions Trust Fund established in section 35X of chapter 10.
SECTION 4. This act shall take effective 180 days upon passage.
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An Act creating a scholarship fund to increase the number of medical providers who are knowledgeable in autism | H1252 | HD1101 | 193 | {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:59:22.937'} | [{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:59:22.9366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1252/DocumentHistoryActions | Bill | By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1252) of Bruce J. Ayers for legislation to create a scholarship fund to increase the number of medical providers who are knowledgeable in autism. Higher Education. | Notwithstanding any general or special law, rule, or regulation to the contrary, there is hereby established a scholarship fund to increase the number of medical providers who are knowledgeable in autism. Individuals eligible for applying for the scholarship are students attending the university of Massachusetts medical school, state run/public nursing schools, and schools of state run/public dentistry schools who are either studying issues related to autism and/or plan to work with individuals with autism upon graduation. Three scholarships total will be awarded annually: one to a student attending the university of Massachusetts medical school, one attending a state run/public nursing program, and one attending a state run/public dentistry school.
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An Act relative to social work uplifting practices and exam removal | H1253 | HD2307 | 193 | {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T12:11:05.057'} | [{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T12:11:05.0566667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T12:13:14.8633333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-09T12:09:00.4966667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-03T12:30:34.5933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-04-20T19:51:23.9633333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-10-16T18:09:45.9033333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-22T11:55:45.71'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-14T14:52:59.9566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:30:33.29'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-27T10:51:09.4066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-08T13:39:09.59'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:37:52.73'}, {'Id': 'RME1', 'Name': 'Rodney M. 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Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:28:43.9433333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:54:05.1266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T15:24:23.5633333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-08T14:13:45.8166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:05:17.64'}, {'Id': 'REH1', 'Name': 'Russell E. 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Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-13T14:41:39.5833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-10-12T08:46:47.3833333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-05T12:05:52.9866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-25T17:06:01.41'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-10-05T13:18:35.7533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:52:29.31'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T04:20:44.8133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T13:32:38.8733333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-09T23:37:12.3166667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T20:44:55.7566667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-05-16T12:35:35.5466667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-02T09:24:48.0666667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T12:50:51.1'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:58:07.3066667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:24:49.3933333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-31T08:18:42.4633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:11:42.8533333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:58:21.84'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:12:19.6133333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:14:50.8233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:04:57.38'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T19:02:39.11'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-25T12:00:18.2366667'}] | {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T12:11:05.057'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1253/DocumentHistoryActions | Bill | By Representatives Barber of Somerville and Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1253) of Christine P. Barber, Michael P. Kushmerek and others that the Department of Education create and administer a field placement grant program to ensure a stable, diverse workforce of licensed social workers. Higher Education. | SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 official version, shall be amended by inserting after Section 135C the following section:
Section 135D. To ensure a stable, diverse workforce of licensed social workers in the Commonwealth of Massachusetts, and to provide for increased support and retention of practicing licensed social workers, The Department of Education (DOE) shall create and administer a field placement grant program (FPGP). This program shall, subject to appropriation, grant funding to designated recipients with a specific focus on recruiting and retaining Masters of Social Work (MSW) students from historically marginalized communities and low-income communities. Funds to establish this program shall be allocated from state, federal, or other dedicated resources, including existing trust funds.
For the purposes of this section, eligible applicants must attend a school of social work Master’s Program physically located in Massachusetts that has been accredited by the Council on Social Work Education (CSWE).
To be eligible for consideration, applicants must submit the following:
(i) Applicant demographic background information, including but not limited to: race, ethnicity, geographic location in the state, and date of birth for purposes of data collection
(ii) Applicant’s school of social work, type of Master’s program, and GPA
(iii) Applicant’s stated and signed commitment to working in Massachusetts post-graduation for at least 2 years
(iv) Applicant’s one-page statement on the importance of this stipend in the applicant’s life and how the grant will support their educational goals and the workforce needs of the Commonwealth.
Priority for the FPGP will be to first-generation college students, and at least 50 percent of recipients awarded grants must identify as Black, Indigenous, or people of color. Applications will be submitted and considered on a rolling basis between January 1st and no later than March 1st of each calendar year. Recipients of stipends shall be notified no later than April 15th of said calendar year.
Stipends shall be allocated as follows:
(i) A current MSW student in good standing completing their first-year field placement of 16 hours per week shall be eligible for a monthly stipend of $1,000 per month, not to exceed $8,000 annually.
(ii) A current MSW student in good standing completing their second-year field placement of 24 hours per week shall be eligible for a monthly stipend of $2,000 per month, not to exceed a total of $16,000 annually.
(iii) Advanced standing students who are only required to conduct one field placement shall be eligible for the second-year field placement stipend.
Applicant data, including application details submitted, shall be tracked by the department such that the program efficacy can be evaluated.
SECTION 2. Section 131 of Chapter 112 of the General Laws, is hereby amended in the fourth paragraph by striking the words “Said individual shall also furnish evidence satisfactory to the board that he has passed an examination prepared by the board for this purpose”
SECTION 3. Said Section 131 of Chapter 112 of the General Laws, is hereby further amended in the fifth paragraph by striking in line one the following, “the examination and” and in line four the following “the examination or”
SECTION 4. Said Section 131 of Chapter 112 of the General Laws, is hereby further amended in the sixth paragraph by striking the following, “and has passed a specialty examination in clinical social work prepared by the board for this purpose.”
SECTION 5. Section 132 of Chapter 112 of the General Laws, is hereby struck in its entirety.
SECTION 6. Section 136 of said Chapter 112 of the General Laws, as appearing in the official 2022 version, shall be amended by inserting after the fourth paragraph the following:
Licensed independent clinical social workers (LICSWs) engaged in independent clinical practice who provide one-on-one supervision to a licensed certified social worker, Master’s of social work intern, or Bachelor’s of social work intern, shall be eligible to receive up to eight continuing education credits during a licensing period for this supervision.
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An Act relative to community colleges and the career technical initiative | H1254 | HD429 | 193 | {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-12T16:18:28.457'} | [{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-12T16:18:28.4566667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:06:36.1833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:36:52.05'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-07T15:07:04.7333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:23:55.78'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:20:10.84'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-05-11T00:04:22.48'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:42:50.7866667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1254/DocumentHistoryActions | Bill | By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1254) of Josh S. Cutler and others relative to community colleges and the career technical initiative. Higher Education. | SECTION 1. Notwithstanding any general or session law to the contrary, community colleges as defined in Section 10 of Chapter 15A of the Massachusetts General Laws may apply for grant funding from the Career Technical Initiative operated by the Commonwealth Corporation for the purpose of building out industry-recognized credentialing pathways for adult learners in technical and trade fields through courses run in the evening. Community college based career technical institutes shall be required to meet the same standards for approval as career technical institutes based in vocational technical schools, and shall be included in all reports related to the Career Technical Initiative.
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An Act requiring menstrual products in buildings on public higher education campuses | H1255 | HD2912 | 193 | {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T13:47:54.82'} | [{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T13:47:54.82'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:41:18.33'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T10:41:40.1966667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-17T17:25:44.76'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:43:55.14'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-05-30T12:02:29.0633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T20:00:37.48'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:06:03.98'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-03T14:42:34.6633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:04:01.2733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T13:56:08.2666667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:22:44.3'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:25:16.8766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T18:15:49.6'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:06:26.78'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1255/DocumentHistoryActions | Bill | By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 1255) of Mindy Domb and others relative to requiring menstrual products in buildings on public higher education campuses. Higher Education. | Chapter 15A of the General Laws is hereby amended by inserting after section 27 the following section:-
Section 27A. Each public institution of higher education shall provide disposable menstrual products to menstruating individuals in the restrooms of any such institution’s building at no cost. The disposable menstrual products shall be available in a convenient manner that does not stigmatize the individual seeking such products. For the purposes of this section “disposable menstrual products” shall mean products including, but not limited to, tampons, sanitary napkins, and underwear liners.
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An Act relative to the Massachusetts State College Building Authority | H1256 | HD3447 | 193 | {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T12:39:23.017'} | [{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T12:39:23.0166667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1256/DocumentHistoryActions | Bill | By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 1256) of Kate Donaghue relative to the Massachusetts State College Building Authority. Higher Education. | SECTION 1. Chapter 113 of the acts of 2018 is hereby amended by inserting after section 31 the following section:-
Section 32. Notwithstanding any general or special law to the contrary, state university projects authorized through item 7066-8110 of section 2 of this act and projects authorized through Item 7066-8000 of section 2 of chapter 258 of the acts of 2008 may utilize supplemental funding accessed through the Massachusetts State College Building Authority.
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An Act relative to tuition waivers for children raised by a grandparent or other relative | H1257 | HD2533 | 193 | {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T14:24:18.39'} | [{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T14:24:18.39'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-05-02T11:20:22.5966667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-10-17T10:45:05.0766667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1257/DocumentHistoryActions | Bill | By Representative Donato of Medford, a petition (accompanied by bill, House, No. 1257) of Paul J. Donato relative to tuition waivers for children raised by a grandparent or other relative. Higher Education. | Section 19 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the ninth paragraph the following paragraph:-
The program shall provide tuition and fee waivers for any resident of the commonwealth who has been the subject of a legal guardianship pursuant to section 5-201 of chapter 190B of the General Laws and who, upon reaching the age of 18 or upon enrolling in a Massachusetts institution of higher education, is living with a grandparent or other relative, including any person related by consanguinity, marriage or affinity except for a parent. The commonwealth, not the institutions of public higher education, shall bear the cost of these waivers after all reimbursements from the federal government have been exhausted.
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An Act expanding access to the Higher Education Endowment Matching Program | H1258 | HD1516 | 193 | {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-18T14:47:09.893'} | [{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-18T14:47:09.8933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T13:41:53.1266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1258/DocumentHistoryActions | Bill | By Representative Duffy of Holyoke, a petition (accompanied by bill, House, No. 1258) of Patricia A. Duffy and Joanne M. Comerford relative to expanding access to the Higher Education Endowment Matching Program. Higher Education. | Section 15E of chapter 15A of the General Laws is hereby amended by inserting after the second paragraph the following paragraph:-
Notwithstanding the provisions of this section, subject to appropriation, the commonwealth shall contribute funds to the recognized foundation of a non-profit institution of higher education that provides a 2-year, accredited academic program that grants associate degrees to low income women and that does not charge tuition or fees, in an amount necessary to match private contributions in the current fiscal year to the institution’s or a foundation’s endowment or capital outlay program based on the following matching formula: subject to appropriation, the commonwealth’s contribution shall be equal to $1 for every $2 privately contributed to the institution’s board of trustees or a foundation, or $1 dollar for such greater number of dollars as may be established by the board of higher education.
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An Act promoting educational awareness and opportunity | H1259 | HD2383 | 193 | {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:26:24.78'} | [{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:26:24.78'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1259/DocumentHistoryActions | Bill | By Representative Durant of Spencer, a petition (accompanied by bill, House, No. 1259) of Peter J. Durant for legislation to require higher educational institutions to provide certain information to students applying for or changing their major field of study. Higher Education. | SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 44 the following new section:-
Section 44 1/2. Any public institution of higher education as defined in Section 5 shall be required to collect and provide to all students, when applying for or changing their major field of study, the following information: (i) The estimated cost in total for the selected major when taking the required courses to complete such major; (ii) the average amount of debt students who have completed a degree in such major in the past three years have acquired upon graduation for the chosen major; (iii) the professions that recent graduates within the major have acquired, within 1 year of graduation, including the number who have not received jobs and have not continued on to higher education programs; and (iv) the average salary of recent graduates, within 3 years, with the major.
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An Act establishing the deaf children's bill of rights | H126 | HD767 | 193 | {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-17T12:30:40.083'} | [{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-17T12:30:40.0833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-17T14:43:47.3'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H126/DocumentHistoryActions | Bill | By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 126) of Brian M. Ashe relative to the rights of deaf children. Children, Families and Persons with Disabilities. | SECTION 1: Chapter 71 of the General Laws is hereby amended by inserting after section 1D the following section:-
Section 1D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Deaf”, any individual that is Deaf, Hard of Hearing, DeafBlind or DeafDisabled.
“DeafDisabled”, any individual who is Deaf with special needs.
“Qualified Professionals”, any professional working with a Deaf child who has demonstrated knowledge of language acquisition in Deaf children, fluency in American Sign Language as measured by the American Sign Language Proficiency Interview and has credentials in their specialized profession. American Sign Language interpreters must have a K-12 Certification through the Educational Interpreters Performance Assessment or an equivalent certification as determined between the commission for the deaf and hard of hearing and the department of elementary and secondary education.
“Language Access”, a process of providing tools to a Deaf child to acquire a language and allows a Deaf child to access a free and appropriate education and participate in everyday activities.
“Language Acquisition”, a process by which a Deaf child acquires the capacity to perceive and comprehend language, as well as to produce and use words and sentences to communicate.
“Language modality”, using language in one or other modes, including, signed, spoken or written language. Language modality helps to facilitate language development, communication, and learning.
(b) The commonwealth recognizes that deaf children, Hard of Hearing, DeafBlind or DeafDisabled have the same potential and rights as all children to receive a free and appropriate public education and to become independent and self-actualized citizens. The commonwealth acknowledges the need for early screening and access to language services and instruction.
(c) There shall be a policy known as the Deaf Children’s Bill of Rights that shall contain, at a minimum, the following:
(1) Deaf children have the right to appropriate screening and assessments of hearing and vision capabilities by qualified professionals proficient in American Sign Language, English and educational needs of deaf children and to acquire American Sign Language and English at the earliest possible age or at time of identification and assessment throughout the educational process at regular intervals;
(2) Deaf children shall receive individualized and appropriate early language access services by qualified providers that shall include support for the acquisition of language as early as possible and assessments at regular intervals every 3 months prior to kindergarten and every 3 years until the child reaches age 22. Assessments shall utilize age-appropriate benchmarks and identify current language levels and educational planning to support progress. Failure to show progress shall be subject to state agency intervention to ensure measures are taken to remediate the issue;
(3) all educational entities from pre-kindergarten through grade 12 shall ensure that parents or guardians of deaf children are entitled to full and informed participation in the development of their child’s educational plans and the determination of educational placement based on their child’s educational and language needs and the capacity of the program to meet those needs. Furthermore, the child’s parents or guardian may request enrollment in a school for deaf students;
(4) Deaf children shall be entitled to placement in a school that is best suited to each child's individual needs including, but not limited to, language levels, social, emotional and cultural needs, with consideration for the child's age, degree of hearing loss, academic level, language needs, style of learning, motivational level and amount of family support. A language access plan shall be required as a part of the student’s Individualized family service plan, Individualized education program, or individual accommodation plan;
(5) all educational entities from pre-kindergarten through grade 12 shall provide placement options for deaf children across a full spectrum of educational programs and shall inform parents about all school choices including the local school for the deaf;
(6) all educational entities from pre-kindergarten through grade 12 shall provide enrolled deaf children access to full support services by qualified professionals in their educational settings. The department of elementary and secondary education shall work with educational entities to ensure technical assistance is available to support local education agencies and other programs in meeting the needs of Deaf students;
(7) Deaf children have the right to direct instruction. If that is not possible, all educational entities from pre-kindergarten through grade 12 shall provide enrolled deaf children access to qualified teachers, interpreters and resource personnel who are fluent in both American Sign Language and English along with the child’s home language if different. Qualified providers should include but not be limited to teachers of Deaf students, paraprofessionals, language translators and Sign Language Interpreters, school psychologists, speech and language pathologists, American Sign Language Specialists and counselors;
(8) Deaf children who are under the age of 7 and who do not receive direct instruction shall have a certified or state approved deaf interpreter in the classroom to enhance language acquisition;
(9) Deaf children shall have full access to all programs and information in their educational placements, including but not limited to extracurricular activities, recess, lunch, media showings and public announcements;
(10) Deaf children shall have opportunities to meet and associate with adult role models who are Deaf and learn about identity, self-advocacy and leadership skills;
(11) Deaf children shall have opportunities to meet and associate with Deaf peers that are around the same age or have similar academic abilities during school hours and school-sponsored activities, including those occurring outside regular school hours;
(12) professionals in related fields, including, but not limited to medicine and education, working with Deaf children shall be responsible for providing full information to the children’s families on medical, ethical, cultural and linguistic issues including the benefits, risks and limitations of technology, cochlear implant or bone anchored hearing aid implant surgery, hearing aids and language acquisition and deprivation;
(13) Deaf children are entitled to the involvement and participation of Deaf adults, if requested, in any meeting with parents and the school district in determining the extent, content and purpose of all programs that affect their education;
(14) Deaf children are entitled to have direct access to mental health services and supporting services from qualified providers who are culturally and linguistically competent and who are fluent in American Sign Language;
(15) the commission for the deaf and hard of hearing shall track each Deaf child from birth or identification until age 22. Each Deaf child shall have an individualized family service plan, individualized education program or 504 plan based on that child’s unique language and learning needs;
(16) If a local education agency, school entity or educational institution or early Intervention program is found to be in violation of this section, where the child is shown to be language deprived or lacking in development, such education provider may be subject to an intervention by the department of elementary and secondary education. Each state agency shall aggregate and publish results of any data from qualified providers related to the enforcement of this section on an annual basis.
| null | [] | [] | [] | [] |
An Act committing to higher education the resources to insure a strong and healthy public higher education system | H1260 | HD2755 | 193 | {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T12:12:18.58'} | [{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T12:12:18.58'}, {'Id': 'PAD1', 'Name': 'Patricia A. 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Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-07-24T12:58:39.8033333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-07-25T11:52:49.3533333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-07-25T11:52:09.66'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-07-25T11:51:57.64'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-09-25T10:32:17.7566667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-09-25T10:32:17.7566667'}] | {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-19T12:12:18.58'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1260/DocumentHistoryActions | Bill | By Representatives Garballey of Arlington and Duffy of Holyoke, a petition (accompanied by bill, House, No. 1260) of Sean Garballey, Patricia A. Duffy and others relative to committing to higher education the resources to insure a strong and healthy public higher education system. Higher Education. | SECTION 1. Chapter 15A of the General Laws is hereby amended by inserting after section 15 the following section:-
Section 15A. It is the intention of the general court to assure fair and adequate funding for the commonwealth’s public institutions of higher education. Notwithstanding section 15B or any other general or special law to the contrary, the annual budget request for the public institutions of higher education shall be determined by the board of higher education and the secretary under this section for the University of Massachusetts, the state university system, the community college system, and needs-based financial assistance administered by the council under section 9B; provided, that in order to achieve equity for students and workers, the council shall allocate state appropriations to individual public colleges and universities in a manner which: (i) establishes scholarship funding in accordance with section 1 of this act; (ii) emphasizes full-time over part-time employment and fair wages and benefits for adjunct faculty and staff; (iii) realigns resources toward teaching, research, and student supports; (iv) enhances the ability of colleges to provide support for students by providing an additional $2,000 per eligible student to fund supports services to improve outcomes for the most vulnerable students, which may include, but shall not be limited to, low-income, first-generation, minority, and disabled students and lesbian, gay, bisexual, transgender, queer and questioning students; (v) supports the full curricular offerings and research endeavors appropriate to each institution; (vi) provides up-to-date technology and other resources for student learning; and (vii) prioritizes public operation of our public campuses over privatization; provided further, that the council shall annually report the details of the funding distribution to the governor and to the house and senate committees on ways and means and the joint committee on higher education; and provided further, that notwithstanding section 7H of chapter 29 of the General Laws or any other general or special law to the contrary, the governor shall submit to the general court annually a request for an appropriation based on the recommendations of the Public Higher Education Wage Equity and Working Conditions Commission, as created in Chapter ___ of the Acts of 2023.
SECTION 2. Chapter 15A of the General Laws is hereby further amended by inserting, after section 45, the following section:-
Section 46. Green and Healthy Public College and University Building Planning Commission
(a) There shall be a Green and Healthy Public College and University Building Planning Commission, which shall consist of: the commissioner of higher education, who shall serve as chair, or a designee; the commissioner of public health, who shall serve as vice chair, or a designee; the secretary of energy and environmental affairs, who shall serve as vice chair, or a designee; the speaker of the house of representatives, or a designee; the president of the senate, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the senate, or a designee; the chairs of the joint committee on ways and means, or their designees; the chairs of the joint committee on higher education, or their designees; the president of the university of Massachusetts, or a designee; the executive director of the Massachusetts Association of Community Colleges, or a designee; the executive officer of the Massachusetts State University Council of Presidents, or a designee; 4 representatives of the Massachusetts Teachers Association, 1 of whom shall be employed by the university of Massachusetts, 1 of whom shall be employed by a state university, and 1 of whom shall be employed by a community college; a representative of the American Federation of Teachers, Massachusetts; a representative of the American Institute of Architects-Massachusetts; a representative of the Massachusetts State Building Trades Council; a representative of the Massachusetts Coalition for Occupational Safety and Health; and a representative of the Massachusetts Department of Higher Education’s Student Advisory Council.
(b) The commission shall assess and make recommendations for public higher education buildings relative to energy efficiency, spatial adequacy, life safety, accessibility, indoor environmental quality and public health. The commission shall be established not less than every 10 years to monitor the implementation of its recommendations, and to conduct a new assessment if determined to be necessary by the commission.
(c) The commission shall determine the means of conducting its work, which shall include, but not be limited to:
(1) assessing the extent to which public higher education buildings in the commonwealth provide students a healthy environment that is conducive to learning while efficiently using energy and resources and limiting exposure to toxic building materials, referred to in this section as “green and healthy public higher education buildings”. Factors to be considered shall include, but not be limited to: (i) protection against infectious disease, including COVID-19 and influenza; (ii) sufficient ventilation and air circulation, including adequate outdoor air exchange, filtration and circulation; (iii) healthy indoor air quality, including limits on pollutants, exposure to toxic substances, chemical emissions and vapor intrusion; (iv) adequate availability of clean and safe water; (v) appropriate thermal comfort, humidity and temperature controls; (vi) protections against pests with effective use of integrated pest management; (vii) limits on pollutants, dust, mold and allergens; (viii) appropriate artificial lighting and plentiful natural light; (ix) proper acoustic and noise control; (x) proper maintenance of mechanical systems; (xi) design that promotes physical activity and meets accessibility standards; (xii) opportunities to increase energy efficiency and efficient use of resources including low-flow fixtures; (xiii) opportunities to shift to fossil-free fuels; (xiv) proper access to greenspace; and (xv) opportunities for architectural design to enhance occupant safety. The assessment may rely on existing data or be objectively measured. The assessment shall include a public searchable online dashboard with the findings for all public higher education buildings in the commonwealth; and
(2) developing standards for green and healthy public higher education buildings.
(d) Members of the commission shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of higher education shall furnish reasonable staff and other support for the work of the commission.
SECTION 3. Section 16 of Chapter 15A is hereby amended by inserting after the eleventh paragraph the following paragraphs:
There shall be a debt free college scholarship program that creates a path for debt free college completion for all students, which shall include reasonable contributions from students and families. This program shall support pathways for lifelong learning, shall provide support to students enrolled in Massachusetts institutions of public higher education to earn professional or vocational certifications, associate, or baccalaureate degrees, and shall be administered without bias or undue burden whether students choose to directly enroll to earn four-year degrees or earn stackable certificates and degrees over time.
The program shall meet the following criteria:
(1) the department shall identify the full cost of attendance, including tuition, fees and living expenses, which include but are not limited to food and housing. Other costs to consider include childcare and transportation costs;
(2) the department shall require the student to make a reasonable contribution towards the full cost of attendance. This contribution may include Pell grants, existing institutional financial aid, a reasonable family contribution, and earnings from a reasonable amount of work. The calculation of reasonable family contribution shall address issues associated with the current calculation of Expected Family Contribution and shall examine individual circumstances; and
(3) the department shall provide state financial aid to fill the gap between resources available to students, as described in paragraph (2), and the total cost of attendance, which shall include living expenses. State financial aid shall be sufficient to cover the cost of achieving up to a 4-year degree at a Massachusetts public higher education institution for in-state students of any age. Part-time students, those pursuing workforce training or vocational certificate degrees, and adults re-entering higher education also shall be eligible. Undocumented in-state residents shall be eligible to participate in the program, shall be charged in-state tuition, and shall be eligible for all other program benefits. If alternative processes are required to determine the financial needs of these students, the department shall develop such processes. The department shall also provide a path for debt free college for incarcerated students.
SECTION 4. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following 3 sections:-
Section 2RRRRR. Public College and University Capital Debt Relief Fund
(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Public College and University Capital Debt Relief Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to provide financial relief for debt service associated with capital construction projects at commonwealth institutions of public higher education, as defined in section 5 of chapter 15A; provided, however, that, students shall not be charged fees for that portion of the debt service paid out of the fund. The board of higher education, in consultation with the trustees of the university of Massachusetts, shall determine the amounts to be allocated to each public higher education institution to cover debt service obligations; and provided further, that funds allocated from this reserve shall only be used to cover said debt service obligations and that public higher education institutions shall invest funds made available by relieving debt service obligations for hiring full-time faculty and staff, providing pay increases or other benefits for adjunct faculty, and in other student success programs including, but not limited to, additional supports for low-income students and students of color, using methods that improve the college experience and graduation rates.
Section 2SSSSS. Green and Healthy Public College and University Building Fund
(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Green and Healthy Public College and University Building Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to fund and implement the recommendations of the Green and Healthy Public College and University Building Planning Commission, established in section 46 of chapter 15A, for the renovation and rehabilitation of existing buildings and new building construction to meet the recommended green and healthy public higher education buildings standards.
Section 2TTTTT. Public Higher Education Wage Equity and Working Conditions Fund
(a) There shall be a separate fund, to be administered by the board of higher education, which shall be known as the Public Higher Education Wage Equity and Working Conditions Fund. The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such funds. Amounts credited to the fund shall be used, without further appropriation, to fund and implement the recommendations of the Public Higher Education Wage Equity and Working Conditions Commission established by this section.
SECTION 5. Section 6 of said chapter 29 is hereby amended by adding the following paragraph:-
The operating budget in the current and ensuing fiscal years shall include the appropriation necessary to fund all incremental cost items for all years covered by any collective
bargaining agreement to which either the board of trustees of the university of Massachusetts or the board of higher education is a party, separate and apart from any appropriation for the
general maintenance of the university or public institutions of higher education where the board of higher education is the employer for purposes of collective bargaining under chapter 150E, excluding grant funded and auxiliary enterprises accounts funded positions.
SECTION 6. Chapter 32 of the General Laws is hereby amended by adding the following section:-
Section 106. For purposes of this chapter and notwithstanding this chapter or any other general or special law, rule or regulation to the contrary, any employee who teaches the equivalent of at least 2 three-credit courses per semester or 4 three-or-more credit courses per calendar year at 1 or more of the public institutions of higher education, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, or any staff working at 1 or more public institutions of higher education whose cumulative weekly hours worked at all campuses, including hours teaching courses if applicable, is half-time or more for two or more semesters per calendar year, shall be considered an employee eligible for membership in the state employees’ retirement system and shall earn creditable service for such time and shall be regarded as regular compensation and shall be included in the salary on which deductions are to be paid to the annuity savings fund and the board shall credit as at least one-half year of service, actual service teaching at 1 or more public institutions of higher education the equivalent of at least 4 three-credit courses per calendar year; provided further, however, that said faculty and staff shall be eligible for the optional retirement system established in section 40 of chapter 15A.
SECTION 7. (a) There shall be a Public Higher Education Wage Equity and Working Conditions Commission, which shall consist of the following: the secretary of administration and finance, who shall serve as co-chair, or a designee; the commissioner of higher education, who shall serve as co-chair, or a designee; the speaker of the house of representatives, or a designee; the president of the senate, or a designee; the minority leader of the house of representatives, or a designee; the minority leader of the senate, or a designee; the chairs of the joint committee on ways and means, or their designees; the chairs of the joint committee on higher education, or their designees; the president of the university of Massachusetts, or a designee; the executive director of the Massachusetts Association of Community Colleges, or a designee; the executive officer of the Massachusetts State University Council of Presidents, or a designee; 3 representatives of the Massachusetts Teachers Association, 1 of whom shall be employed by the university of Massachusetts, 1 of whom shall be employed by a state university, and 1 of whom shall be employed by a community college; a representative of the American Federation of Teachers, Massachusetts; a representative of the Massachusetts AFL-CIO; a representative of AFSCME Council 93; the student member of the board of higher education; a representative of the Massachusetts Association of Teachers of Speakers of Other Languages; a representative of the Graduate Employee Organization; and a representative of the Massachusetts Education Justice Alliance.
(b) The commission shall determine the means of conducting its work, which shall include, but not be limited to: (1) assessing the salaries and working conditions of employees of private institutions of higher education in the commonwealth, as well as employees of public higher education institutions nationwide, and making recommendations to ensure that commonwealth public higher education employee salaries and benefits are at least commensurate with those other employees; (2) identifying programs, services and salaries that shall help to recruit and retain high quality faculty and staff at institutions of public higher education with a focus on prioritizing the recruitment and retention of a racially, culturally, ethnically and linguistically diverse workforce; (3) ensuring that there are sufficient full-time faculty and staff to provide reasonable workloads so educators can provide all students with the support they need to thrive; (4) identifying programs and methods to enhance faculty and staff professional development including, but not limited to, creating improved employee tuition waiver benefits for faculty and staff who enroll in institutions of public higher education; (5) performing an analysis looking at equity by race, gender, and other non-dominant identities, in all faculty and staff positions, by examining all wages and benefits and inequities that arise for any other reason; (6) recommend a base salary for faculty that would allow faculty to support themselves and their families without being required to teach additional courses beyond a full course load; (7) recommend a base salary for professional and classified staff salaries to the salaries that would allow them to support themselves and their families; and (8) recommend a base salary for adjunct faculty that would allow faculty to support themselves and their families without being required to teach additional courses beyond a full course load, including the cost of health insurance and retirement security.
The Commission shall issue budgetary recommendations and submit legislation to implement their findings not later than December 31, 2023. The commission should be made up of representatives from student groups, campus administrations, unions representing campus faculty and staff, equity focused community groups and designees from the House, Senate, and the executive offices of administration and finance and education.
SECTION 8. For the fiscal years 2024 through 2028, inclusive, no tuition or fees shall increase for students enrolled at commonwealth public institution of higher education in any fiscal year where the appropriation for public institutions of higher education is at least the amount requested by the council, as provided in section 15A of chapter 15A of the General Laws.
SECTION 9. Notwithstanding section 8 of chapter 32A of the General Laws or any other general or special law to the contrary, the cost of fringe benefits, including, but not limited to, the cost of pensions and health insurance, associated with employees of a public institution of higher education as defined in section 5 of chapter 15A, shall be the obligation of the commonwealth, excluding grant funded and auxiliary enterprises accounts funded positions.
SECTION 10. Notwithstanding any general or special law, rule or regulation to the contrary, after January 1, 2023, the costs associated with the construction of an academic, administrative or auxiliary building at a commonwealth institution of public higher education, as defined in section 5 of chapter 15A of the General Laws, shall be paid in full by the commonwealth from state funds or eligible federal funds and shall not be paid for with any public higher education institutional funds or financed through public building authorities or private entities; provided, however, that the costs associated with the assessment, upgrade or repair of any existing academic, administrative or auxiliary building at an institution of public higher education that is under the control and supervision of the department of capital asset management and maintenance shall be paid in full by the commonwealth.
SECTION 11. The Green and Healthy Public College and University Building Planning Commission, as established in section 46 of chapter 15A of the General Laws, shall create and recommend a plan for all existing and new public higher education buildings to equitably meet the standards for green and healthy public higher education buildings developed pursuant to paragraph (c) of section 46 of said chapter 15A, by 2035. The commission shall issue recommendations, including an analysis that summarizes the findings of its assessment of public higher education buildings in the commonwealth, for implementing green and healthy public higher education buildings standards for cost-effective renovation and rehabilitation of existing buildings and for new building construction, and a plan for implementing these standards for all public higher education buildings, by 2035. The recommendations shall prioritize addressing buildings with the greatest needs first. The recommendations shall consider the unique environmental conditions of buildings located in urban, industrial, and other areas facing particular site challenges and shall consider the need to address historic patterns of injustice and inequity in public higher education. The recommendations shall estimate the cost of bringing all buildings into compliance with the standards by 2035, including the ongoing cost of maintenance and repair, and recommend a plan to fund these costs, and shall also compare those costs with long-term savings in health and medical costs, energy costs, maintenance, life cycle assessment and other savings, and the growth in economic activity of bringing buildings to the standards, including increased jobs and job training. The first plan of the commission shall be published and submitted to the joint committee on ways and means and the joint committee on higher education not later than December 31, 2024. Prior to completing its assessment and issuing its recommendations, the commission shall conduct public hearings at every commonwealth institution of public higher education and shall consult with employee organizations, as defined in chapter 150E, representing employees at each institution of public higher education.
SECTION 12. The department of higher education shall implement the debt free program outlined in Section 3 of this Act for all students at community colleges in fiscal year 2024 and for all students at four-year Massachusetts public higher education institutions in fiscal year 2025.
SECTION 13. (a) Notwithstanding any general or special law to the contrary, the board of higher education shall establish a 5-year funding schedule, beginning in fiscal year 2024, to provide the level of funding needed to implement all provisions of this Act; to assure fair and adequate funding for the commonwealth public institutions of higher education, which shall include needs-based financial assistance developed under section 15B of chapter 15A of the General Laws; and shall be adjusted to recognize the fixed costs of those institutions. Notwithstanding any general or special law to the contrary, the budget request to the secretary of administration and finance for the system of institutions of public higher education and needs-based financial assistance developed under said section 15B shall be not less than the amount determined by said schedule. The council shall submit its annual budget request to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education.
(b) Notwithstanding section 7H of chapter 29 of the General Laws or any other general or special law to the contrary, effective for fiscal years starting in fiscal year 2024, the governor shall submit to the general court annually a request for an appropriation that complies with the funding requirements of this section and section 15A of chapter 15A of the General Laws. Said appropriation request shall not propose any direct or indirect reductions in any other state appropriation including, but not limited to, collective bargaining agreements under chapter 150E, scholarships and need-based financial assistance authorized by said chapter 15A.
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An Act improving access to affordable higher education | H1261 | HD3222 | 193 | {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:32:42.503'} | [{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:32:42.5033333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-20T11:04:15.5666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T14:53:56.5666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T09:53:38.2833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T11:50:37.5233333'}] | {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-20T11:04:15.347'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1261/DocumentHistoryActions | Bill | By Representatives Garballey of Arlington and Vargas of Haverhill, a petition (accompanied by bill, House, No. 1261) of Sean Garballey, Andres X. Vargas and others for legislation to further regulate financial aid for students attending public institutions of higher education. Higher Education. | The department of higher education shall review programs of financial aid for students attending public institutions of higher education in the commonwealth, including grants, tuition waivers and loan programs. Based on the review, the department shall make recommendations, including legislation, for a comprehensive redesign and reform of the financial aid system to increase student access to higher education, improve affordability of higher education for students and families, and reduce opportunity and achievement gaps among students, particularly for students of color and disadvantaged populations.
The goals of the financial aid redesign and reform shall include:
(1) consolidating multiple overlapping assistance programs to improve efficiency and reduce duplication;
(2) reducing the burden of the application process and improving transparency, predictability and the ease of navigation for students and their families applying for and renewing financial assistance;
(3) lessening administrative costs, including the costs of oversight; and
(4) strengthening the ability of the general court to appropriately monitor, oversee and appropriate funds provided for student financial assistance.
In preparing its recommendations, the department shall consult with institutional financial aid officers, the office of student financial assistance and its financial aid advisory committee, groups representing students at the University of Massachusetts, state universities and community colleges, students and parents who navigate and use state financial aid, and other stakeholders. The department shall review the design of financial aid programs in other states and recommendations of experts. The department shall also solicit information from the chairs and vice chairs of the committee on higher education.
Before releasing its recommendations, the department shall hold an open public listening session to receive public input.
The department shall file its findings, recommendations and accompanying legislation, if any, with the clerks of the house of representatives and the senate and the joint committee on higher education not later than December 31, 2023.
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An Act relative to community college affordability | H1262 | HD3224 | 193 | {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:44:10.547'} | [{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:44:10.5466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T09:53:27.7366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-27T11:50:09.3666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1262/DocumentHistoryActions | Bill | By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1262) of Sean Garballey, Joanne M. Comerford and Rodney M. Elliott relative to community college affordability. Higher Education. | SECTION 1. Section 19 of chapter 15A of the General Laws is hereby amended by adding the following paragraph:-
Notwithstanding the provisions of this section, tuition and fee waivers under this section for students attending community college shall include courses that are not state-supported, including summer sessions, evening classes and online courses.
SECTION 2. Chapter 69 of the General Laws is hereby amended by inserting after section 1T the following section:-
Section 1U. (a) Before graduating from high school, each student shall complete and submit a free application for federal student aid (FAFSA) form.
(b) A student shall not be required to comply with subsection (a) if the student’s parent or guardian, or school counselor submits a signed waiver form indicating that the parent or guardian understands the use and benefits of a FAFSA and declines to complete and submit a free FAFSA form; provided, that a student over age 18 may sign such waiver on the student’s own behalf.
(c) The commissioner of the department of elementary and secondary education shall determine procedures to implement this section, including any forms necessary under subsection (b). The procedures shall include processes to ensure compliance with federal law regarding confidentiality of family financial information and student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any other state or federal law relating to the privacy of student information. The commissioner shall direct high schools to provide information to students and parents on the value of completing the FAFSA form, including an explanation to each high school senior of the state-sponsored scholarships, financial aid and assistance available to students attending college or post-secondary education.
(d) The department of elementary and secondary education shall work with the office of student financial assistance of the department of higher education to inform high school students prior to their senior year on the availability of financial assistance for college and other post-secondary education and the role of the FAFSA form in accessing the assistance.
(e) Each school district shall report to the department of elementary and secondary education (i) the number of students who completed and submitted a financial aid application under subsection (a) and (ii) the number of students who received an exception from complying with subsection (a) under subsection (b). The department shall annually report data collected under this subsection, along with an analysis of the data, including trends. The report and analysis shall be provided to the secretary of education, the commissioner of higher education, the joint committee on education and shall be posted on the website of the department.
(f) The department of elementary and secondary education shall establish an advisory committee to advise the department in implementing this section. The advisory committee shall be composed of persons representing: (i) high school counselors; (ii) high school teachers and administrators; (iii) high school students and parents; (iv) higher education admissions and financial aid staff, from all segments of public higher education and private higher education institutions; and (v) the department of higher education. In implementing this section, the commissioner shall review the implementation of similar requirements in other states.
SECTION 3. The department of higher education, in consultation with department of elementary and secondary education, the Massachusetts Educational Financing Authority, and the Massachusetts Association of Community Colleges shall develop materials, including an informational pamphlet and web site, to inform high school juniors and seniors of affordable and accessible higher educational opportunities, particularly opportunities at public community colleges. The materials shall include information highlighting the ease of the application process, including online applications and applications that do not require an application fee. The materials shall provide information on the availability of financial aid and the financial aid application process. The materials shall include a map showing the location of community colleges in the commonwealth.
The materials may include other information as determined by the department of higher education. In preparing the materials, the department of higher education shall consult with admissions and financial aid counselors at community colleges and students in high school and community college from various regions of the commonwealth. The online materials shall include a form to allow students and parents to request further information and provide feedback regarding the web site.
The department of elementary and secondary education shall distribute the materials to all high school juniors and seniors in the commonwealth.
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An Act relative to college athlete compensation | H1263 | HD3022 | 193 | {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T13:49:59.033'} | [{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T13:49:59.0333333'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-01-24T18:48:44.0633333'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:09:40.11'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:14:29.2766667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-20T10:55:47.8333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1263/DocumentHistoryActions | Bill | By Representative González of Springfield, a petition (accompanied by bill, House, No. 1263) of Carlos González and others relative to intercollegiate athletic compensation and rights. Higher Education. | SECTION 1. Chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 45 (a) A public or private institution of higher education, hereinafter referred to as an institution, shall not uphold any rule, requirement, standard or other limitation, except as otherwise provided for in this section, that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image or likeness. Earning compensation pursuant to this section including from the use of a student's name, image or likeness shall not affect the student's scholarship eligibility. For the purposes of this section, a public or private institution of higher education shall include a community college.
(b) An athletic association, conference or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of an institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image or likeness.
(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of a student athlete earning compensation from third parties for the use of the student’s name, image, or likeness.
(d) An institution, athletic association, conference or other group or organization with authority over intercollegiate athletics shall not prevent a student-athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(e) Professional representation obtained by student-athletes shall be from persons complying with or registered in the commonwealth pursuant to section 2 of this act.
(f) A scholarship from the institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section. A scholarship shall not be revoked as a result of earning compensation or obtaining athlete agent or legal representation pursuant to this section.
(g) A student-athlete shall not enter into a contract or agreement providing compensation to the athlete for use of the athlete's name, image or likeness if a provision of the contract or agreement is in conflict with a provision of the athlete's team contract. A student-athlete who enters into a contract or agreement providing compensation to the athlete for use of the athlete's name, image or likeness shall disclose the contract or agreement to an official of the institution, to be designated by the institution.
(h) A new team contract or a renewal or modification of a team contract of an institution's athletic program shall not prevent a student-athlete from using the athlete's name, image or likeness for a commercial purpose when the athlete is not engaged in official team activities.
(i) Notwithstanding any other provision set forth in this section, a student-athlete may not receive compensation for use of the student-athlete’s name, image, likeness: (i) to the extent that compensation is contingent on enrollment at a particular institution; (ii) for athletic participation, or that is based on athletic achievements or performance milestones; (iii) for services or work that the student-athlete has not actually performed; (iv) from an institution, athletic association, conference or other group or organization with authority over intercollegiate athletics to the student-athlete for the use of the name, image, likeness; and (v) for any other activity that is deemed an impermissible inducement from the institution to the student-athlete under the rules of any athletic association, conference, other group or organization with authority over intercollegiate athletics.
SECTION 2 Chapter 9 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 32. (a) For the purposes of this section the following terms shall, unless the context clearly appears otherwise, have the following meanings: –
“Athlete agent”, a person who enters into a contract or agreement with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into a contract or agreement. Such term includes an individual who represents to the public that the individual is an athlete agent. This term shall not include a spouse, parent, sibling, grandparent or guardian of the student-athlete, or an individual acting solely on behalf of a professional sports team or professional sports organization.
“Registration”, registration as an athlete agent pursuant to this section.
“Student-athlete”, an individual who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate or interscholastic sport at a public or private institution of higher education.
(b) A person shall not act as an athlete agent in commonwealth without holding a certificate of registration issued pursuant to this section.
(c) Before being issued a certificate of registration, a person may act as an athlete agent in this state for all purposes except signing a contract or agreement, if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with such individual; and (ii) within 7 days after an initial act as an athlete agent, such individual submits an application for registration as an athlete agent under this section.
(d) A contract or agreement between a student-athlete and an athlete agent resulting from conduct in violation of this section shall be void. In the event a student-athlete voids such contract or agreement, the student-athlete shall not be required to pay any consideration under such contract or agreement or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract or agreement, and the athlete agent shall be required to return any consideration received pursuant to such voided contract or agreement. Any contract or agreement under this section shall be void and unenforceable unless it is in writing and executed by the athlete agent and the student-athlete.
(e) An applicant for registration shall submit an application therefor to the state secretary in such form as shall be prescribed by the state secretary. An application filed pursuant to this section shall be a public record. The application shall be in the name of an individual and signed or otherwise authenticated by the applicant under penalty of perjury, and shall include, but is not limited to, the following:
(i) the name of the applicant and the address of the applicant’s principal place of business;
(ii) the name of the applicant’s business or employer, if applicable;
(iii) any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application;
(iv) a description of the applicant’s: (1) formal training as an athlete agent; (2) practical experience as an athlete agent; and (3) educational background relating to the applicant’s activities as an athlete agent;
(v) the names and addresses of 3 individuals not related to the applicant who are willing to serve as references;
(vi) the name, sport and last known team for each individual for whom the applicant acted as an athlete agent during the 5 years next preceding the date of submission of the application;
(vii) the names and addresses of all persons who are: (1) with respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates or profit-sharers having an interest of 5 percent or greater of the business; and (2) with respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation having an interest of 5 per cent or greater;
(viii) whether the applicant or any person named pursuant to clause (vii) has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;
(ix) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to clause (vii) has made a false, misleading, deceptive or fraudulent representation;
(x) any instance in which the conduct of the applicant or any person named pursuant to clause (vii) resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;
(xi) any sanction, suspension or disciplinary action taken against the applicant or any person named pursuant to clause (vii) of this subsection by a governmental or quasi-governmental licensing entity or adjudicatory process arising out of occupational or professional conduct; and
(xii) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to clause (vii) as an athlete agent in any state.
(f) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application, or an application of renewal, in the form prescribed by the state secretary. The state secretary shall accept the application and the certificate from the other state as an application for registration in this state if the application to the other state:
(i) was submitted in the other state within 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;
(ii) contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and
(iii) was signed by the applicant under penalty of perjury.
(g) Except as otherwise provided in this section, the state secretary shall issue a certificate of registration to an individual who complies the requirements of this section.
(h) The state secretary may refuse to issue a certificate of registration if the state secretary determines that the applicant has engaged in conduct that has an adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the state secretary may consider whether the applicant has:
(i) been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;
(ii) made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;
(iii) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(iv) engaged in conduct prohibited by this section;
(v) had a registration or licensure as an athlete agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete agent in any state;
(vi) engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(vii) engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity.
(i) A certificate of registration or a renewal of a registration shall be valid for 2 years.
(j) The state secretary may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under this section.
(k) The state secretary may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing as provided pursuant to the provisions of chapter 30A.
(l) An application for registration or renewal of registration shall be accompanied by a fee to be determined by the commissioner of administration pursuant to section 3B of chapter 7.
(m) A contract or agreement between an athlete agent and a student athlete shall be in a record, signed or otherwise authenticated by the parties. The contract or agreement shall include, but not limited to, the following:
(i) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract or agreement and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or agreement or for providing the services;
(ii) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the contract or agreement;
(iii) a description of any expenses that the student athlete agrees to reimburse;
(iv) a description of the services to be provided to the student athlete;
(v) the duration of the contract or agreement; and
(vi) the date of execution.
(n) A student athlete may cancel a contract or agreement with an athlete agent by giving notice of the cancellation to the athlete agent in a record within 10 days after the contract or agreement is signed.
(o) A student athlete may not waive the right to cancel a contract or agreement with an athlete agent.
(p) If a student athlete cancels a contract or agreement with an athlete agent, the student athlete shall not be required to pay any consideration under such contract or agreement to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract or agreement, unless such cancellation is pursuant to subsection (n) of this section.
(q) An athlete agent shall retain the following records for a period of 5 years:
(i) the name and address of each individual represented by the athlete agent;
(ii) any contract or agreement entered into by the athlete agent; and
(iii) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into a contract or agreement.
The records required to be retained pursuant this section shall be open to inspection by the state secretary during normal business hours.
The athlete agent shall give a record of the signed or otherwise authenticated contract or agreement to the student athlete at the time of execution.
(r) An athlete agent, with the intent to induce a student-athlete to enter into a contract or agreement, shall not:
(i) give any materially false or misleading information or make a materially false promise or representation;
(ii) furnish anything of value to a student-athlete before the student-athlete enters into the contract or agreement; or
(iii) furnish anything of value to any other individual or another registered athlete agent before the student-athlete enters into the contract or agreement;
(s) An athlete agent shall not willfully:
(i) initiate contact with a student-athlete unless registered pursuant to this section;
(ii) refuse or fail to retain or permit inspection of the records required to be retained by this section;
(iii) fail to register when required by this section;
(iv) provide materially false or misleading information in an application for registration or renewal of registration; or
(s) predate or postdate a contract or agreement with a student athlete.
(t) The state secretary may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of the registration provisions of this section.
(u) Athlete agents representing student-athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in chapter 104 of title 15 of the United States Code, in their relationships with student-athletes
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An Act relative to advanced placement examinations | H1264 | HD1693 | 193 | {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T16:41:45.507'} | [{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T16:41:45.5066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T16:41:45.6766667'}] | {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T16:41:45.507'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1264/DocumentHistoryActions | Bill | By Representative Haggerty of Woburn and Senator Moore, a joint petition (accompanied by bill, House, No. 1264) of Richard M. Haggerty and Michael O. Moore relative to advanced placement examination for post-secondary level course credits. Higher Education. | SECTION 1. Chapter 15A of the General Laws is hereby amended by inserting after section 39 the following section:-
Section 39A. (a) All public institutions of higher education, as set forth in section 5, shall develop and adopt written policies and procedures to accept a score of three, four, and five on all advanced placement examinations to satisfy degree requirements. The policies shall indicate whether the credit shall be granted for general education, major, or elective requirements at the institution, and shall include procedures related to the transferability of these credits to another institution of higher education. An institution may not require an exam score of more than three unless the chief academic officer provides evidence that the higher score is necessary for a student to be successful in a related or more advanced course for which the lower-division course is a prerequisite. The department of higher education shall provide guidance on what constitutes as evidence for an institution to require an examination score of more than three.
(b) All policies and procedures governing the award of credit shall be posted on the institution’s website under the category of admission, which the institution shall update as necessary to reflect any changes in policies and procedures. In addition, each institution shall submit its policies and procedures, or any changes thereto, to the department of higher education who shall post each institution’s policies and procedures, or changes thereto, on the department’s website.
(c) The board of higher education, and in the case of the University of Massachusetts, in cooperation with the board of trustees of the University of Massachusetts, shall annually review the advanced placement examination score course granting policies of each institution of higher education in accordance with the requirements of this section, and report its findings and any recommendations with the clerks of the senate and the house of representatives, and the chairs of the joint committee on higher education not later than July 1. Each institution of higher education shall provide the board of higher education, and in the case of the University of Massachusetts, its board of trustees, with all necessary data, in accordance with the federal Family Educational Rights and Privacy Act of 1974, to conduct the analysis.
SECTION 2. The first annual report required by subsection (c) of section 39A of chapter 15A of the General Laws shall be published not later than July 1, 2023.
SECTION 3. Section 1 shall take effect no later than 3 months after the effective date of this act.
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An Act relative to debt-free public higher education | H1265 | HD1215 | 193 | {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:41:44.417'} | [{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T11:41:44.4166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T11:42:17.64'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-23T19:52:26.3733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:14:27.4433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T13:55:52.78'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T17:25:54.24'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:26:35.5666667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T10:26:35.5666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:39:43.2366667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:45:51.6433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:55:00.1566667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:31:20.18'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T12:08:06.07'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T12:08:06.07'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:08:06.07'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:27:10.46'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-08T10:02:00.2466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T09:42:52.77'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:53:03.1033333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-23T12:51:19.5166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-24T09:31:28.6766667'}] | {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T11:41:44.417'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1265/DocumentHistoryActions | Bill | By Representatives Higgins of Leominster and Gentile of Sudbury, a petition (accompanied by bill, House, No. 1265) of Natalie M. Higgins, Carmine Lawrence Gentile and others for legislation to establish a grant program to pay the equivalent of tuition and mandatory fees to eligible students at Massachusetts public higher education institutions. Higher Education. | SECTION 1. Section 1 of chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “opportunities”, in line 14, the following words:-
It is hereby further declared to be the policy of the commonwealth to guarantee free public higher education as a right for all residents.
SECTION 2. Chapter 15A of the General Laws is hereby amended by inserting after section 45 the following section:-
Section 46. (a) Definitions
As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Board”, the Board of Higher Education.
“Eligible Student”, any person admitted to Massachusetts public college or university or other public certificate, vocational, or adult education program, enrolled full-time or part-time, other than a nonimmigrant alien within the meaning of paragraph 15 of subsection (a)(A) through (S) of 8 U.S.C., section 1101 of the federal act, who has attended a high school in the commonwealth for 3 or more years and has graduated from a high school in the commonwealth or attained the equivalent thereof from an adult basic education program in the commonwealth, or is currently a student in a Massachusetts public higher education institution qualifying for in-state tuition under federal regulations, shall be eligible at any state institution of higher education in the commonwealth. The Legislature finds that this is a state law within the meaning of 8 U.S.C. 1621(d).
(b) Notwithstanding the provisions of any general or special law to the contrary, the board shall create a grant program to pay the equivalent of tuition and mandatory fees to an eligible student at any Massachusetts public college or university, or certificate, vocational or training program at a public institution. Students meeting the income eligibility for Federal Pell Grants shall receive additional aid in grants to pay for the additional costs of attendance as calculated by the academic institution of enrollment, including, but not limited to, room and board, books and supplies, transportation and personal expenses.
(c) The grant shall supplement and shall not replace state grants, gift aid, institutional aid, or federal aid through the Free Application for Federal Student Aid process. The board shall promulgate regulations to ensure funds from this program do not affect eligibility for other state grants, gift aid, institutional aid, or federal aid through the Free Application for Federal Student Aid process.
(d) All public higher education and public vocational training institutions shall be considered eligible institutions for this program and there shall be no restrictions on a student’s choice of academic programs.
(e) The board shall provide an annual notice of eligibility for this program to all eligible students and all new graduates from a Massachusetts high school or GED program. The board shall maintain a database of all students currently or potentially eligible for this program.
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An Act relative to transcript notations | H1266 | HD2601 | 193 | {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T14:56:07.363'} | [{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T14:56:07.3633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T17:24:41.1866667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-24T17:24:41.1866667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:04:43.7233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:52:11.5333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1266/DocumentHistoryActions | Bill | By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1266) of Natalie M. Higgins and others that institutions of higher education adopt policies on academic transcript notations and appeals relating to sexual misconduct. Higher Education. | SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 168F. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Consent" as used in this section means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is a responsibility of each person involved in sexual activity to ensure that the other or others consent to engage in the sexual activity. Lack of protest or resistance does not mean consent. Consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
“Institution of higher education” or “institution”, any public or private, profit or nonprofit, degree-granting educational institution, which is authorized by law to provide a program of education beyond the secondary school level in the Commonwealth.
“Sexual misconduct”, as defined in section 168 of chapter 6 of the General Laws.
“Title IX Coordinator”, or a designee, who is responsible for administering and maintaining an institution’s compliance with Title IX, relative to complaints of sex discrimination, sexual harassment or sexual violence.
“Transcript”, official and unofficial student academic transcripts.
(b) Each institution of higher education shall adopt policies on academic transcript notations and appeals relating to sexual misconduct, including, but not limited to, sexual violence, domestic violence, and stalking, that shall be made publicly available by publishing the policy on an institution’s website and by annually providing a copy of said policies to students, faculty and staff. Said policies shall be developed in coordination with the Title IX Coordinator of the institution and annually updated by the institution.
(c) Upon commencement of any disciplinary proceedings conducted by the institution against a student alleged to have committed a crime of violence, and until a resolution is reached at the close of disciplinary proceedings, the office responsible for maintaining student academic records of the institution shall include a prominent and temporary notation on the academic transcript of the student.
(1) The notation shall state the specific violation in the institution’s code, rules or set of standards governing sexual misconduct that the student was alleged to have committed and
(2) that final resolution of the specified violation is pending subject to disciplinary proceedings of the institution.
(d) Upon final resolution of any disciplinary proceedings conducted by the institution against a student alleged to have committed a crime of violence, the office responsible for maintaining student academic records of the institution shall include a prominent and permanent notation on the student’s academic transcript.
(1) The notation shall state the specific violation in the institution’s code, rules or set of standards governing sexual misconduct or, if the student withdrew from the institution while under investigation, was alleged to have committed, and
(2) whether such student was suspended, expelled or permanently dismissed for such violation or whether such student withdrew from the institution while under investigation for such violation.
(3) Should a student be subsequently found not to have violated the institution’s code, rules, or set of standards governing sexual misconduct, notations relating to the allegations shall be removed from the student’s transcript.
(f) Each institution shall:
(1) reasonably notify each student that any such suspension, expulsion, dismissal or withdrawal relating to a crime of violence will be documented on the student’s academic transcript and
(2) adopt a procedure for removing such notation from the academic transcript of any student who is subsequently found not to have violated the institution’s code, rules, or set of standards governing sexual misconduct.
(g) The provisions of this section shall apply to sexual misconduct allegedly committed on campus, off campus, or while studying abroad.
(h) Annually, not later than December 1, each institution shall prepare and submit to the department of higher education a report that includes: (i) the total number of temporary and permanent notations. The department of higher education shall analyze the incident data and shall publish an annual report containing aggregate statewide information on the frequency and nature of transcript notations. The department of higher education shall file the annual report with the attorney general, the clerks of the senate and the house of representatives and the joint committee on higher education.
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An Act relative to college athlete compensation | H1267 | HD903 | 193 | {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:08:29.767'} | [{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:08:29.7666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1267/DocumentHistoryActions | Bill | By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1267) of Steven S. Howitt relative to intercollegiate athletic compensation and rights. Higher Education. | SECTION 1. Chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 45 (a) A public or private institution of higher education, hereinafter referred to as an institution, shall not uphold any rule, requirement, standard or other limitation, except as otherwise provided for in this section, that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image or likeness. Earning compensation pursuant to this section including from the use of a student's name, image or likeness shall not affect the student's scholarship eligibility. For the purposes of this section, a public or private institution of higher education shall include a community college.
(b) An athletic association, conference or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of an institution participating in intercollegiate athletics from earning compensation as a result of the use of the student's name, image or likeness.
(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of a student athlete earning compensation from third parties for the use of the student’s name, image, or likeness.
(d) An institution, athletic association, conference or other group or organization with authority over intercollegiate athletics shall not prevent a student-athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(e) Professional representation obtained by student-athletes shall be from persons complying with or registered in the commonwealth pursuant to section 2 of this act.
(f) A scholarship from the institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section. A scholarship shall not be revoked as a result of earning compensation or obtaining athlete agent or legal representation pursuant to this section.
(g) A student-athlete shall not enter into a contract or agreement providing compensation to the athlete for use of the athlete's name, image or likeness if a provision of the contract or agreement is in conflict with a provision of the athlete's team contract. A student-athlete who enters into a contract or agreement providing compensation to the athlete for use of the athlete's name, image or likeness shall disclose the contract or agreement to an official of the institution, to be designated by the institution.
(h) A new team contract or a renewal or modification of a team contract of an institution's athletic program shall not prevent a student-athlete from using the athlete's name, image or likeness for a commercial purpose when the athlete is not engaged in official team activities.
(i) Notwithstanding any other provision set forth in this section, a student-athlete may not receive compensation for use of the student-athlete’s name, image, likeness: (i) to the extent that compensation is contingent on enrollment at a particular institution; (ii) for athletic participation, or that is based on athletic achievements or performance milestones; (iii) for services or work that the student-athlete has not actually performed; (iv) from an institution, athletic association, conference or other group or organization with authority over intercollegiate athletics to the student-athlete for the use of the name, image, likeness; and (v) for any other activity that is deemed an impermissible inducement from the institution to the student-athlete under the rules of any athletic association, conference, other group or organization with authority over intercollegiate athletics.
SECTION 2 Chapter 9 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 32. (a) For the purposes of this section the following terms shall, unless the context clearly appears otherwise, have the following meanings: –
“Athlete agent”, a person who enters into a contract or agreement with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into a contract or agreement. Such term includes an individual who represents to the public that the individual is an athlete agent. This term shall not include a spouse, parent, sibling, grandparent or guardian of the student-athlete, or an individual acting solely on behalf of a professional sports team or professional sports organization.
“Registration”, registration as an athlete agent pursuant to this section.
“Student-athlete”, an individual who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate or interscholastic sport at a public or private institution of higher education.
(b) A person shall not act as an athlete agent in commonwealth without holding a certificate of registration issued pursuant to this section.
(c) Before being issued a certificate of registration, a person may act as an athlete agent in this state for all purposes except signing a contract or agreement, if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with such individual; and (ii) within 7 days after an initial act as an athlete agent, such individual submits an application for registration as an athlete agent under this section.
(d) A contract or agreement between a student-athlete and an athlete agent resulting from conduct in violation of this section shall be void. In the event a student-athlete voids such contract or agreement, the student-athlete shall not be required to pay any consideration under such contract or agreement or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract or agreement, and the athlete agent shall be required to return any consideration received pursuant to such voided contract or agreement. Any contract or agreement under this section shall be void and unenforceable unless it is in writing and executed by the athlete agent and the student-athlete.
(e) An applicant for registration shall submit an application therefor to the state secretary in such form as shall be prescribed by the state secretary. An application filed pursuant to this section shall be a public record. The application shall be in the name of an individual and signed or otherwise authenticated by the applicant under penalty of perjury, and shall include, but is not limited to, the following:
(i) the name of the applicant and the address of the applicant’s principal place of business;
(ii) the name of the applicant’s business or employer, if applicable;
(iii) any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application;
(iv) a description of the applicant’s: (1) formal training as an athlete agent; (2) practical experience as an athlete agent; and (3) educational background relating to the applicant’s activities as an athlete agent;
(v) the names and addresses of 3 individuals not related to the applicant who are willing to serve as references;
(vi) the name, sport and last known team for each individual for whom the applicant acted as an athlete agent during the 5 years next preceding the date of submission of the application;
(vii) the names and addresses of all persons who are: (1) with respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates or profit-sharers having an interest of 5 percent or greater of the business; and (2) with respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation having an interest of 5 per cent or greater;
(viii) whether the applicant or any person named pursuant to clause (vii) has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;
(ix) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to clause (vii) has made a false, misleading, deceptive or fraudulent representation;
(x) any instance in which the conduct of the applicant or any person named pursuant to clause (vii) resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;
(xi) any sanction, suspension or disciplinary action taken against the applicant or any person named pursuant to clause (vii) of this subsection by a governmental or quasi-governmental licensing entity or adjudicatory process arising out of occupational or professional conduct; and
(xii) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to clause (vii) as an athlete agent in any state.
(f) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application, or an application of renewal, in the form prescribed by the state secretary. The state secretary shall accept the application and the certificate from the other state as an application for registration in this state if the application to the other state:
(i) was submitted in the other state within 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;
(ii) contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and
(iii) was signed by the applicant under penalty of perjury.
(g) Except as otherwise provided in this section, the state secretary shall issue a certificate of registration to an individual who complies the requirements of this section.
(h) The state secretary may refuse to issue a certificate of registration if the state secretary determines that the applicant has engaged in conduct that has an adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the state secretary may consider whether the applicant has:
(i) been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;
(ii) made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;
(iii) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(iv) engaged in conduct prohibited by this section;
(v) had a registration or licensure as an athlete agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete agent in any state;
(vi) engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(vii) engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity.
(i) A certificate of registration or a renewal of a registration shall be valid for 2 years.
(j) The state secretary may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under this section.
(k) The state secretary may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing as provided pursuant to the provisions of chapter 30A.
(l) An application for registration or renewal of registration shall be accompanied by a fee to be determined by the commissioner of administration pursuant to section 3B of chapter 7.
(m) A contract or agreement between an athlete agent and a student athlete shall be in a record, signed or otherwise authenticated by the parties. The contract or agreement shall include, but not limited to, the following:
(i) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract or agreement and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or agreement or for providing the services;
(ii) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the contract or agreement;
(iii) a description of any expenses that the student athlete agrees to reimburse;
(iv) a description of the services to be provided to the student athlete;
(v) the duration of the contract or agreement; and
(vi) the date of execution.
(n) A student athlete may cancel a contract or agreement with an athlete agent by giving notice of the cancellation to the athlete agent in a record within 10 days after the contract or agreement is signed.
(o) A student athlete may not waive the right to cancel a contract or agreement with an athlete agent.
(p) If a student athlete cancels a contract or agreement with an athlete agent, the student athlete shall not be required to pay any consideration under such contract or agreement to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract or agreement, unless such cancellation is pursuant to subsection (n) of this section.
(q) An athlete agent shall retain the following records for a period of 5 years:
(i) the name and address of each individual represented by the athlete agent;
(ii) any contract or agreement entered into by the athlete agent; and
(iii) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into a contract or agreement.
The records required to be retained pursuant this section shall be open to inspection by the state secretary during normal business hours.
The athlete agent shall give a record of the signed or otherwise authenticated contract or agreement to the student athlete at the time of execution.
(r) An athlete agent, with the intent to induce a student-athlete to enter into a contract or agreement, shall not:
(i) give any materially false or misleading information or make a materially false promise or representation;
(ii) furnish anything of value to a student-athlete before the student-athlete enters into the contract or agreement; or
(iii) furnish anything of value to any other individual or another registered athlete agent before the student-athlete enters into the contract or agreement;
(s) An athlete agent shall not willfully:
(i) initiate contact with a student-athlete unless registered pursuant to this section;
(ii) refuse or fail to retain or permit inspection of the records required to be retained by this section;
(iii) fail to register when required by this section;
(iv) provide materially false or misleading information in an application for registration or renewal of registration; or
(s) predate or postdate a contract or agreement with a student athlete.
(t) The state secretary may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of the registration provisions of this section.
(u) Athlete agents representing student-athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in chapter 104 of title 15 of the United States Code, in their relationships with student-athletes
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An Act providing full student representation on the University of Massachusetts Board of Trustees | H1268 | HD1863 | 193 | {'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:37:33.677'} | [{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:37:33.6766667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1268/DocumentHistoryActions | Bill | By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1268) of Daniel J. Hunt for legislation to provide full student representation on the University of Massachusetts Board of Trustees. Higher Education. | SECTION 1. Section 1A of Chapter 75 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the word “Nineteen” and inserting in place thereof the following word:- “Twenty-two.”
SECTION 2. The first paragraph of said section 1A of said Chapter 75, as so appearing, is hereby amended by striking out, in line 2, the word “Two” and inserting in place thereof the following word:- “Five.”
SECTION 3. The first paragraph of said section 1A of said Chapter 75, as so appearing, is hereby amended by striking out the last two sentences and inserting in place thereof the following sentence: - “The student members shall be elected annually by the student body of the Amherst, Boston, Dartmouth, Lowell, and Worcester campuses.”
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