This is not the official budget document.

General Appropriations Act FY2008

Outside Sections
Data Current as of:  10/29/2007



Outside Sections    (view all)

Local Aid Distribution

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SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2008 the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, shall be $935,028,283 and shall be apportioned to the cities and towns in accordance with this section.
          Notwithstanding any general or special law to the contrary, the total amounts to be distributed and paid to each city and town from item 0611-5500 of section 2 shall be as set forth in the following lists. The amounts to be distributed from said item 0611-5500 of said section 2 shall be in full satisfaction of the amounts due under section 37 of chapter 21 of the General Laws.
Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2008 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due under chapter 70 of the General Laws.

For fiscal year 2008, the foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2007; provided, that the limited English allotments in the foundation budget shall be increased by $50; and provided further, that the low-income allotments in the foundation budget shall be increased by $25. The target local share shall be calculated using the same methodology used in fiscal year 2007. Preliminary local contribution shall be the municipality's fiscal year 2007 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary contribution as a percentage of foundation is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; provided further, that if a municipality's preliminary contribution as a percentage of foundation is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points. Required local contributions shall be calculated using the same methodology used in fiscal year 2007; provided, that in any municipality with a preliminary contribution higher than its target local contribution, required local contribution shall be the preliminary local contribution reduced by 25 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality's pupils at each of those districts.
For fiscal year 2008, the "foundation aid increment" shall be the difference between: (a) the positive difference between a district's foundation budget and its required district contribution; and (b) prior year aid. The "down payment aid increment" shall be 30 per cent of the positive difference between 100 per cent of a district's target aid share and its prior year chapter 70 aid, minus the foundation aid increment; provided, that the target aid share shall be calculated in the same way as in fiscal year 2007 using updated income, equalized valuation and foundation budget data. The minimum target aid share shall be 17.5 per cent. The "growth aid increment" shall be equal to (a) the product of the target aid percentage multiplied by the difference between the current and prior year foundation budget minus (b) the foundation aid increment and down payment aid increment. The "minimum aid increment" shall be equal to (a) $50 multiplied by the district's foundation enrollment minus (b) the sum of the foundation aid increment, down payment aid increment and growth aid increment. In no case shall the foundation aid increment, down-payment aid increment, growth aid increment, or minimum aid increment be less than zero.
Chapter 70 aid for fiscal year 2008 shall be the sum of prior year aid plus the foundation aid increment plus the down payment aid increment, if any, plus the growth increment, if any, plus the minimum aid increment, if any. No district shall receive chapter 70 aid in an amount greater than the district's foundation budget. If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.
The department of education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.
No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of the commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by the secretary.

 
MunicipalityChapter 70Additional
Assistance
Lottery
ABINGTON 7,448,806 0 2,448,308
ACTON 4,283,795 29,696 1,711,261
ACUSHNET 6,206,921 23,875 1,863,181
ADAMS 0 35,042 2,477,382
AGAWAM 14,029,399 0 4,585,049
ALFORD 0 0 16,794
AMESBURY 8,706,827 0 2,421,239
AMHERST 6,158,796 222,910 9,816,456
ANDOVER 6,764,195 0 2,223,890
AQUINNAH 0 0 2,907
ARLINGTON 5,814,120 4,491,775 4,950,398
ASHBURNHAM 0 0 870,706
ASHBY 0 0 474,742
ASHFIELD 98,741 0 231,057
ASHLAND 3,843,641 291,598 1,391,460
ATHOL 0 4,377 2,841,971
ATTLEBORO 28,728,683 0 7,100,201
AUBURN 5,071,081 0 2,131,457
AVON 821,450 400,636 461,978
AYER 4,095,225 44,218 897,962
BARNSTABLE 7,300,545 0 2,617,907
BARRE 17,100 0 1,012,076
BECKET 80,981 8,580 104,445
BEDFORD 2,658,496 484,271 944,414
BELCHERTOWN 11,265,015 0 2,117,641
BELLINGHAM 8,236,349 0 2,111,840
BELMONT 3,857,487 827,483 1,982,683
BERKLEY 5,405,595 0 757,261
BERLIN 529,128 0 250,923
BERNARDSTON 0 0 352,995
BEVERLY 6,901,558 2,452,442 4,815,621
BILLERICA 15,747,049 2,349,321 4,897,970
BLACKSTONE 115,785 0 1,489,325
BLANDFORD 34,066 0 157,015
BOLTON 5,654 0 245,726
BOSTON 215,807,608 164,211,152 71,585,070
BOURNE 4,854,448 352,555 1,471,898
BOXBOROUGH 1,370,363 0 313,946
BOXFORD 1,579,157 36,411 568,608
BOYLSTON 441,425 0 426,309
BRAINTREE 7,475,129 3,378,041 3,743,826
BREWSTER 899,723 0 491,414
BRIDGEWATER 79,487 0 3,985,382
BRIMFIELD 1,176,021 0 485,238
BROCKTON 122,579,212 4,310,392 21,748,886
BROOKFIELD 1,357,887 0 614,506
BROOKLINE 6,667,814 3,497,741 4,403,998
BUCKLAND 0 0 344,329
BURLINGTON 4,663,528 1,386,400 1,872,961
CAMBRIDGE 8,516,353 17,956,060 8,781,240
CANTON 3,369,283 878,002 1,790,936
CARLISLE 779,767 14,729 258,294
CARVER 10,016,064 0 1,818,145
CHARLEMONT 130,303 0 217,551
CHARLTON 0 0 1,615,256
CHATHAM 613,313 0 187,306
CHELMSFORD 8,365,004 2,535,342 3,781,598
CHELSEA 48,517,117 3,396,864 6,824,838
CHESHIRE 302,591 0 700,461
CHESTER 121,002 0 224,070
CHESTERFIELD 128,461 0 171,834
CHICOPEE 43,773,555 1,195,616 13,136,065
CHILMARK 0 0 4,667
CLARKSBURG 1,656,057 13,114 439,639
CLINTON 10,454,735 175,517 2,754,261
COHASSET 1,696,971 166,099 474,221
COLRAIN 0 0 317,513
CONCORD 1,975,049 383,959 1,059,887
CONWAY 619,012 0 222,429
CUMMINGTON 45,640 0 103,825
DALTON 203,607 0 1,254,672
DANVERS 4,306,061 1,118,972 2,425,783
DARTMOUTH 9,429,258 0 3,137,399
DEDHAM 3,691,509 1,550,298 2,519,651
DEERFIELD 951,114 0 597,774
DENNIS 0 0 677,806
DEVENS 328,000 0 0
DIGHTON 0 0 865,018
DOUGLAS 7,317,967 0 908,255
DOVER 555,890 0 239,412
DRACUT 16,006,608 0 4,360,650
DUDLEY 0 0 1,921,092
DUNSTABLE 0 30,076 259,136
DUXBURY 3,547,730 0 1,103,205
EAST BRIDGEWATER 10,382,618 0 1,862,944
EAST BROOKFIELD 102,197 0 335,891
EAST LONGMEADOW 6,563,004 0 1,801,506
EASTHAM 314,185 0 185,422
EASTHAMPTON 7,856,409 108,874 3,389,371
EASTON 8,764,374 0 2,725,472
EDGARTOWN 415,389 28,507 54,397
EGREMONT 0 0 78,527
ERVING 330,353 13,150 70,501
ESSEX 0 33,828 270,890
EVERETT 28,033,743 4,084,357 4,514,014
FAIRHAVEN 7,559,053 391,434 2,415,070
FALL RIVER 91,119,662 2,290,951 27,367,962
FALMOUTH 4,954,099 0 1,725,460
FITCHBURG 40,080,379 214,811 10,406,302
FLORIDA 500,454 0 61,949
FOXBOROUGH 7,700,920 0 1,853,812
FRAMINGHAM 13,996,312 4,697,500 7,684,825
FRANKLIN 26,478,420 0 3,075,295
FREETOWN 1,459,055 0 1,181,812
GARDNER 18,778,744 120,747 5,153,217
GEORGETOWN 4,294,072 52,998 838,575
GILL 0 0 264,688
GLOUCESTER 6,019,080 1,923,054 3,047,653
GOSHEN 80,209 0 99,566
GOSNOLD 17,097 1,962 649
GRAFTON 7,761,675 0 1,945,992
GRANBY 4,156,070 0 1,098,909
GRANVILLE 1,331,035 0 199,541
GREAT BARRINGTON 0 0 944,536
GREENFIELD 9,486,783 0 3,951,296
GROTON 0 0 957,896
GROVELAND 0 0 792,487
HADLEY 730,915 138,341 426,515
HALIFAX 2,541,088 0 1,129,778
HAMILTON 0 42,887 757,377
HAMPDEN 0 0 779,634
HANCOCK 188,899 17,638 52,631
HANOVER 5,825,021 1,326,394 1,310,076
HANSON 22,711 0 1,458,374
HARDWICK 0 3,228 501,226
HARVARD 1,487,347 55,090 1,788,048
HARWICH 1,725,972 0 536,099
HATFIELD 790,818 0 388,341
HAVERHILL 34,988,016 2,503,145 9,729,028
HAWLEY 11,355 12,924 40,938
HEATH 0 0 97,533
HINGHAM 4,497,106 334,151 1,630,053
HINSDALE 107,527 0 263,622
HOLBROOK 4,892,252 4,757 1,831,627
HOLDEN 4,441 0 2,132,435
HOLLAND 802,385 0 251,204
HOLLISTON 6,476,816 412,300 1,515,044
HOLYOKE 66,054,475 606,646 12,033,363
HOPEDALE 5,975,497 0 811,561
HOPKINTON 5,538,660 120,287 857,397
HUBBARDSTON 8,196 0 499,004
HUDSON 7,143,855 0 2,481,823
HULL 3,823,493 1,388,549 1,249,035
HUNTINGTON 163,818 0 410,890
IPSWICH 2,393,856 775,432 1,222,398
KINGSTON 3,471,243 0 1,194,599
LAKEVILLE 2,348,711 0 1,018,340
LANCASTER 0 0 1,030,300
LANESBOROUGH 740,946 0 429,319
LAWRENCE 128,507,796 190,699 24,246,271
LEE 1,878,003 0 775,098
LEICESTER 9,525,396 0 2,160,967
LENOX 1,185,273 72,146 591,240
LEOMINSTER 35,606,445 11,693 7,111,354
LEVERETT 261,625 0 222,153
LEXINGTON 6,740,205 0 1,907,409
LEYDEN 0 0 101,530
LINCOLN 677,098 292,012 555,277
LITTLETON 2,325,579 164,924 719,766
LONGMEADOW 4,239,607 0 1,738,831
LOWELL 117,869,547 6,340,746 25,007,761
LUDLOW 11,536,063 0 3,802,034
LUNENBURG 4,314,259 0 1,316,140
LYNN 111,461,218 9,477,523 18,388,021
LYNNFIELD 3,411,881 362,288 932,108
MALDEN 37,791,547 5,586,730 10,027,791
MANCHESTER 0 0 276,779
MANSFIELD 15,306,040 725,040 2,051,122
MARBLEHEAD 4,474,407 39,403 1,377,858
MARION 421,906 0 280,827
MARLBOROUGH 9,149,845 2,728,327 4,046,697
MARSHFIELD 14,129,652 202,756 2,493,418
MASHPEE 4,425,065 0 457,904
MATTAPOISETT 531,511 0 504,430
MAYNARD 2,851,685 586,886 1,368,403
MEDFIELD 5,718,333 744,614 1,059,517
MEDFORD 11,321,921 6,432,448 8,313,861
MEDWAY 8,221,437 187,002 1,331,409
MELROSE 5,694,605 2,704,187 3,678,618
MENDON 13,251 0 508,609
MERRIMAC 0 0 906,225
METHUEN 36,113,790 163,026 6,603,980
MIDDLEBOROUGH 16,591,501 0 3,068,505
MIDDLEFIELD 0 0 66,164
MIDDLETON 1,487,833 126,570 554,409
MILFORD 12,145,146 0 3,801,454
MILLBURY 6,643,067 0 2,203,899
MILLIS 2,786,839 320,940 982,106
MILLVILLE 16,148 0 444,249
MILTON 4,180,994 1,245,145 2,753,911
MONROE 56,860 13,927 8,958
MONSON 7,241,370 0 1,624,653
MONTAGUE 0 0 1,573,485
MONTEREY 0 12,538 42,742
MONTGOMERY 19,296 0 102,119
MOUNT WASHINGTON 33,752 33,286 4,023
NAHANT 441,588 125,393 344,863
NANTUCKET 1,228,637 0 98,611
NATICK 5,232,584 1,942,474 2,800,177
NEEDHAM 5,124,207 205,993 1,966,680
NEW ASHFORD 163,915 7,313 17,967
NEW BEDFORD 107,414,208 716,255 27,914,157
NEW BRAINTREE 0 0 148,368
NEW MARLBOROUGH 0 0 72,889
NEW SALEM 0 0 127,630
NEWBURY 0 0 565,386
NEWBURYPORT 3,229,204 1,380,057 1,794,165
NEWTON 12,754,101 1,377,012 5,937,030
NORFOLK 3,392,371 0 1,193,541
NORTH ADAMS 14,379,275 185,853 5,335,763
NORTH ANDOVER 5,087,208 120,549 2,430,070
NORTH ATTLEBOROUGH 20,260,350 0 3,580,677
NORTH BROOKFIELD 4,367,043 0 991,720
NORTH READING 5,313,653 945,499 1,264,357
NORTHAMPTON 7,068,616 577,922 4,892,383
NORTHBOROUGH 3,082,735 61,111 1,327,160
NORTHBRIDGE 14,114,803 3,071 2,624,068
NORTHFIELD 0 0 393,981
NORTON 12,560,940 0 2,586,754
NORWELL 2,457,882 541,079 793,111
NORWOOD 4,534,446 2,665,880 3,123,215
OAK BLUFFS 639,762 0 90,514
OAKHAM 77,466 0 238,783
ORANGE 5,097,546 2,115 2,009,259
ORLEANS 246,812 0 213,784
OTIS 0 0 45,269
OXFORD 9,240,150 0 2,559,196
PALMER 11,045,384 0 2,495,999
PAXTON 0 0 581,500
PEABODY 19,741,190 3,140,276 5,843,843
PELHAM 210,787 0 198,112
PEMBROKE 11,507,152 0 2,092,132
PEPPERELL 8,571 0 1,591,572
PERU 72,342 0 138,595
PETERSHAM 446,027 0 142,683
PHILLIPSTON 0 4,386 217,474
PITTSFIELD 33,245,313 880,284 9,865,448
PLAINFIELD 41,615 0 62,440
PLAINVILLE 2,618,681 0 944,212
PLYMOUTH 19,542,986 0 4,876,826
PLYMPTON 543,319 0 295,268
PRINCETON 0 0 368,498
PROVINCETOWN 271,201 22,181 149,971
QUINCY 14,388,553 11,567,002 12,198,123
RANDOLPH 11,852,877 1,825,854 4,643,343
RAYNHAM 0 0 1,415,252
READING 8,041,967 1,534,901 2,499,940
REHOBOTH 0 0 1,168,128
REVERE 31,382,971 5,334,444 7,468,366
RICHMOND 344,495 0 134,651
ROCHESTER 1,521,729 0 528,605
ROCKLAND 9,714,945 394,336 2,895,846
ROCKPORT 1,322,612 0 544,597
ROWE 70,474 0 4,903
ROWLEY 0 114,232 557,888
ROYALSTON 0 0 200,393
RUSSELL 178,215 0 303,397
RUTLAND 9,848 0 1,018,632
SALEM 12,876,914 3,298,731 5,286,837
SALISBURY 0 0 786,391
SANDISFIELD 0 0 43,129
SANDWICH 6,694,018 88,406 1,314,390
SAUGUS 3,997,139 1,784,087 2,782,000
SAVOY 504,459 13,801 130,406
SCITUATE 4,529,951 875,037 1,628,696
SEEKONK 4,210,223 0 1,531,537
SHARON 6,785,118 62,495 1,679,762
SHEFFIELD 14,610 11,938 291,272
SHELBURNE 0 0 322,652
SHERBORN 464,158 20,951 248,638
SHIRLEY 4,330,455 185,558 1,447,364
SHREWSBURY 17,419,669 298,861 3,168,140
SHUTESBURY 540,635 0 211,060
SOMERSET 4,521,167 0 1,908,916
SOMERVILLE 20,255,639 16,219,924 13,901,505
SOUTH HADLEY 6,422,966 20,214 3,230,315
SOUTHAMPTON 2,496,629 0 793,038
SOUTHBOROUGH 2,735,813 0 544,361
SOUTHBRIDGE 15,829,982 0 4,378,557
SOUTHWICK 0 0 1,417,837
SPENCER 41,637 0 2,432,600
SPRINGFIELD 254,370,403 1,829,496 45,286,984
STERLING 0 0 856,049
STOCKBRIDGE 0 0 124,062
STONEHAM 3,312,881 2,028,958 2,596,588
STOUGHTON 11,464,540 103,134 3,882,402
STOW 0 6,974 516,965
STURBRIDGE 1,820,104 0 964,251
SUDBURY 4,083,932 641,561 1,100,660
SUNDERLAND 877,325 0 629,069
SUTTON 5,245,542 0 971,553
SWAMPSCOTT 2,487,474 352,328 1,258,678
SWANSEA 4,579,269 0 2,337,597
TAUNTON 43,477,482 0 10,468,088
TEMPLETON 0 0 1,507,851
TEWKSBURY 12,918,858 0 3,464,019
TISBURY 371,402 0 122,042
TOLLAND 0 9,864 11,127
TOPSFIELD 1,069,469 253,284 510,110
TOWNSEND 8,370 0 1,454,476
TRURO 250,250 0 37,443
TYNGSBOROUGH 7,143,646 0 1,202,789
TYRINGHAM 36,619 0 15,801
UPTON 26,091 0 609,527
UXBRIDGE 9,377,789 0 1,712,525
WAKEFIELD 4,647,689 1,438,080 2,754,824
WALES 692,029 0 293,971
WALPOLE 6,479,354 883,775 2,288,218
WALTHAM 7,224,786 5,458,868 6,492,798
WARE 7,988,468 15,257 2,133,475
WAREHAM 11,916,801 0 2,462,468
WARREN 137,959 0 977,727
WARWICK 0 28,890 112,624
WASHINGTON 20,700 23,752 83,022
WATERTOWN 3,182,787 4,427,251 3,521,361
WAYLAND 3,068,068 280,373 844,659
WEBSTER 8,973,217 62,006 3,019,559
WELLESLEY 4,616,898 96,838 1,515,458
WELLFLEET 147,734 0 72,747
WENDELL 0 25,534 182,730
WENHAM 0 139,794 393,324
WEST BOYLSTON 2,880,036 67,754 923,887
WEST BRIDGEWATER 1,930,660 47,212 766,662
WEST BROOKFIELD 239,116 0 591,056
WEST NEWBURY 0 0 350,138
WEST SPRINGFIELD 16,557,686 0 4,460,594
WEST STOCKBRIDGE 0 0 121,013
WEST TISBURY 0 182,434 45,080
WESTBOROUGH 3,731,062 145,058 1,297,207
WESTFIELD 32,840,745 0 7,835,094
WESTFORD 14,023,606 895,514 1,749,484
WESTHAMPTON 392,663 0 180,350
WESTMINSTER 0 0 802,137
WESTON 2,217,819 0 465,553
WESTPORT 4,296,424 0 1,514,205
WESTWOOD 3,096,779 36,263 871,741
WEYMOUTH 22,123,277 2,424,084 8,428,323
WHATELY 207,745 0 167,028
WHITMAN 131,107 0 2,606,042
WILBRAHAM 0 0 1,670,683
WILLIAMSBURG 410,847 0 376,807
WILLIAMSTOWN 946,993 0 1,188,275
WILMINGTON 6,758,867 1,254,452 1,840,360
WINCHENDON 10,575,115 25,366 2,068,487
WINCHESTER 4,143,417 344,404 1,497,075
WINDSOR 50,091 28,020 95,075
WINTHROP 5,042,458 2,287,531 2,959,348
WOBURN 5,788,496 3,586,952 3,864,164
WORCESTER 174,025,314 11,809,090 39,912,488
WORTHINGTON 72,331 0 156,335
WRENTHAM 3,688,296 0 1,160,367
YARMOUTH 0 0 1,571,411
Total Municipal Aid 3,117,287,741 378,517,988 935,028,283
 
Regional School District Chapter 70  
ACTON BOXBOROUGH 5,625,428
ADAMS CHESHIRE 10,299,351
AMHERST PELHAM 9,793,582
ASHBURNHAM WESTMINSTER 9,934,552
ASSABET VALLEY 2,878,463
ATHOL ROYALSTON 17,837,209
BERKSHIRE HILLS 2,793,903
BERLIN BOYLSTON 892,400
BLACKSTONE MILLVILLE 10,845,267
BLACKSTONE VALLEY 6,607,116
BLUE HILLS 3,875,673
BRIDGEWATER RAYNHAM 20,734,543
BRISTOL COUNTY 2,863,640
BRISTOL PLYMOUTH 8,665,617
CAPE COD 1,986,191
CENTRAL BERKSHIRE 8,550,035
CHESTERFIELD GOSHEN 719,547
CONCORD CARLISLE 1,798,430
DENNIS YARMOUTH 6,712,794
DIGHTON REHOBOTH 12,595,982
DOVER SHERBORN 1,385,096
DUDLEY CHARLTON 23,069,087
ESSEX COUNTY 4,103,096
FARMINGTON RIVER 401,956
FRANKLIN COUNTY 3,264,349
FREETOWN LAKEVILLE 7,200,036
FRONTIER 2,814,392
GATEWAY 5,921,631
GILL MONTAGUE 6,375,223
GREATER FALL RIVER 13,901,536
GREATER LAWRENCE 21,344,609
GREATER LOWELL 19,937,045
GREATER NEW BEDFORD 21,235,693
GROTON DUNSTABLE 10,757,109
HAMILTON WENHAM 3,408,380
HAMPDEN WILBRAHAM 11,187,984
HAMPSHIRE 2,812,809
HAWLEMONT 625,635
KING PHILIP 7,139,022
LINCOLN SUDBURY 2,374,621
MANCHESTER ESSEX 1,597,236
MARTHAS VINEYARD 2,861,785
MASCONOMET 4,933,394
MENDON UPTON 11,687,996
MINUTEMAN 2,272,053
MOHAWK TRAIL 6,204,233
MONTACHUSETT 11,523,969
MOUNT GREYLOCK 1,727,227
NARRAGANSETT 10,077,460
NASHOBA 6,289,004
NASHOBA VALLEY 2,494,673
NAUSET 3,379,473
NEW SALEM WENDELL 663,419
NORFOLK COUNTY 911,205
NORTH MIDDLESEX 20,148,846
NORTH SHORE 1,627,614
NORTHAMPTON SMITH 947,961
NORTHBORO SOUTHBORO 2,591,421
NORTHEAST METROPOLITAN 7,065,299
NORTHERN BERKSHIRE 4,189,164
OLD COLONY 3,292,273
OLD ROCHESTER 1,954,417
PATHFINDER 4,792,469
PENTUCKET 13,258,787
PIONEER 4,078,816
QUABBIN 16,898,056
QUABOAG 8,281,608
RALPH C MAHAR 5,383,907
SHAWSHEEN VALLEY 4,474,594
SILVER LAKE 6,377,611
SOUTH MIDDLESEX 2,493,762
SOUTH SHORE 3,409,503
SOUTHEASTERN 11,013,570
SOUTHERN BERKSHIRE 1,862,619
SOUTHERN WORCESTER 8,337,187
SOUTHWICK TOLLAND 8,037,753
SPENCER EAST BROOKFIELD 13,522,201
TANTASQUA 7,855,113
TRI COUNTY 4,790,141
TRITON 8,463,498
UPISLAND 824,474
UPPER CAPE COD 2,884,730
WACHUSETT 19,346,201
WHITMAN HANSON 22,947,017
WHITTIER 5,340,815
Total Regional Aid 608,383,586
Total Municipal and Regional Aid 3,725,671,327 378,517,988 935,028,283

 

State Parks Preservation Trust Fund and Commonwealth Covenant Trust

SECTION 4.   Chapter 10 of the General Laws is hereby amended by inserting after section 35CC the following 2 sections:-

Section 35DD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the State Parks Preservation Trust Fund, to be expended without prior appropriation, by the secretary of energy and environmental affairs for the purposes of maintaining and preserving all state-owned parks for the enjoyment of the public. The fund shall consist of all revenues received by the commonwealth from: (1) public and private sources as gifts, grants and donations to further park protection programs; and (2) the federal government as reimbursements, grants-in-aid or other receipts on account of such preservation efforts.

All revenues credited pursuant to this section shall remain in the State Parks Preservation Trust Fund to assist the commonwealth in paying all or part of the costs to manage, preserve, protect, perpetuate and enhance state-owned parks. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies 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 subsequent fiscal year.

Section 35EE. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Covenant Fund, to make loan payments on behalf of graduates of Massachusetts public institutions of higher education who are employed in the areas of science, technology, engineering and mathematics hereinafter referred to as STEM. The fund shall be administered by the state treasurer, in consultation with the board of trustees. No expenditure from the fund shall cause the fund to be in deficiency at the close of a fiscal year. Monies 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 subsequent fiscal year.

There shall be established a board of trustees consisting of the state treasurer, who shall serve as chair, the president of the University of Massachusetts, and 16 members, 1 of whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the minority leader of the senate, 1 of whom shall be appointed by the minority leader of the house of representatives, and 12 of whom shall be appointed by the state treasurer, at least 1 of whom shall be from each of the following fields:- biotechnology; healthcare; computers and mathematics; life, physical and social sciences; architecture and engineering; principals of public high schools; and presidents of state colleges. Of the members appointed by the state treasurer, one third shall be appointed for 1-year terms, one third shall be appointed for 2-year terms and one third shall be appointed for 3-year terms. After the initial terms are served, all terms shall be for 3 years and board members may be reappointed in perpetuity.

Subject to appropriation, the commonwealth shall deposit not more than $4,000,000 annually into the fund. The fund may accept private contributions. Private contributions and commonwealth deposits to the fund may be expended without further appropriation only to make the loan payments and to administer the program on behalf of eligible graduates of public institutions of higher education in the commonwealth. Eligible loans shall not include credit card loans or loans taken out by the eligible student's parent or guardian.

The fund shall be administered by the state treasurer using procedures established by the board of trustees. The board shall file these procedures with the senate and house committees on ways and means, the joint committee on higher education and the secretary of administration and finance not later than 30 days after promulgation of said procedures by the board. The board shall file any amendments to the procedures with the senate and house committees on ways and means, the joint committee on higher education and the secretary of administration and finance not later than 30 days after the board adopts said amendments. The procedures shall include a method for the board of trustees to certify to the senate and house committees on ways and means, the joint committee on higher education and the secretary of administration and finance the actual amount received in private contributions to the fund in each fiscal year. The procedures shall also include safeguards for protecting the anonymity of donors who desire not to be identified.

Grants provided from the fund shall, in addition to any restrictions adopted by the board of trustees, be restricted as follows: (1) a recipient shall have graduated from a public institution of higher education in the commonwealth on or after December 1, 2007 with a degree in a STEM field within 3 years of reaching junior-year standing in the program selected at a 4-year institution; provided, that for the purposes of this section, eligible STEM fields may include: healthcare practitioners and technical occupations; computer and mathematical occupations; life, physical and social sciences occupations; and architecture and engineering occupations; provided further, that the eligible STEM fields shall also include teaching in any of the aforementioned areas; (2) a recipient shall have graduated from a public institution of higher education in the commonwealth with a cumulative grade point average of 3.0 or greater; (3) a recipient's family income during the recipient's final year of enrollment at a public institution of higher education in the commonwealth as documented on the Free Application for Federal Student Aid form shall have been at or below 300 per cent of the federal poverty level applicable in that year; (4) a recipient shall have completed at least 1 year of employment in a STEM field within the commonwealth; (5) a recipient shall reside in the commonwealth; and (6) a recipient's annual salary shall not exceed $65,000 per year for a single filer and $80,000 per year for joint filers.

Grants shall be awarded in an amount not to exceed $5,000 annually per recipient and shall not exceed $15,000 cumulatively per recipient. The grants shall be paid from the fund directly to the lender on behalf of an eligible graduate.

The board of trustees shall, every 3 years, undertake a review of the eligibility requirements in subsection (e) and the workforce needs of the commonwealth to determine which occupations could benefit from an award as provided in this section and which occupations, if any, no longer require this program. The board may amend the eligibility requirements and expand or contract the program in accordance with the changing workforce needs of the commonwealth.
 
 

 

Reggie Lewis Track and Athletic Center Board

SECTION 5.   Chapter 15A of the General Laws is hereby amended by inserting after section 22 the following section:-

Section 22A. (a) For purposes of this section, the following words shall have the following meanings:-

"Board", the board of trustees of the Roxbury Community College.

"Center", the Reggie Lewis Track and Athletic Center established in subsection (b).

"College", the Roxbury Community College.

"Use for nonpublic purposes", shall include, but not be limited to, the leasing or renting of the building for commercial entertainment activity.

"Use for public purposes", shall include, but not be limited to, use by public high school track programs, members of the abutting residential community or by members of the community at large and students, faculty, staff and alumni at Roxbury Community College.

(b) There shall be established the Reggie Lewis Track and Athletic Center at Roxbury Community College. The center shall be a building containing a Massachusetts state track facility which shall be maintained at the college for public purposes. In the event the facility is not in use for public purposes, the board may permit use for nonpublic purposes for a rental amount to be determined by said board.

(c) The board shall be responsible for the management and operation of the center including, but not limited to, the following:-

(i) establishing user fees;

(ii) entering into agreements with the Massachusetts State Track Coaches Association, with other public groups and, pursuant to this section, with nonpublic groups for nonpublic purposes;

(iii) establishing rules and regulations for the use of the center by Massachusetts public high school track programs, by members of the abutting residential neighborhoods and members of the community at large, by students, faculty and staff and alumni of Roxbury Community College, and, by nonpublic groups for nonpublic purposes in accordance with this section;

(iv) deciding the priority of uses and schedule for the center, with input from an advisory committee;

and (v) entering into agreements with vendors to provide concession stand services and other agreements as deemed necessary by the board for the maintenance and operation of the center.

(d) The center shall be made available without charge for use by public high school track programs and Roxbury Community College. The center shall be made available on a user fee basis for members of the public. The center shall be made available at market rate, as determined by the board, for use for nonpublic purposes so long as the center is not being used for public purposes.

(e) The annual operating expenses of the center shall be separate and distinct from appropriations within the general appropriations act for the college, shall use a separate item of appropriation and shall be audited biennially by the state auditor.
 
 

 

Reduce Boxing Commission Costs

SECTION 6.   Chapter 22 of the General Laws is hereby amended by striking out section 12, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

Section 12. There shall be in the department a commission, to be known as the state boxing commission, which shall consist of 3 members to be appointed by the governor with the advice and consent of the council, for terms of 3 years each. The governor, with the advice and consent of the council, shall from time to time designate 1 member of said commission as chairman. The members shall receive their traveling expenses necessarily incurred in the performance of their duties, and the commission shall be allowed such sums for clerical assistance as the governor and council may approve. The secretary of public safety shall act as the secretary of the commission and shall keep full and true records of all its proceedings. The commission may deputize 1 or more persons to represent the commission, and to be present at any match or exhibition authorized to be held under sections 32 to 51, inclusive, of chapter 147. Such persons may receive such compensation for their traveling expenses necessarily incurred in the discharge of their duties.
 
 

 

Repeal Health Care Quality Improvement Trust Fund

SECTION 7.   Section 2EEE of chapter 29 of the General Laws is hereby repealed.
 
 

 

Establish State Retiree Benefits Trust Fund

SECTION 8.   Chapter 32A of the General Laws is hereby amended by adding the following section:-

Section 24. (a) There shall be and set up on the books of the commonwealth a fund to be known as the State Retiree Benefits Trust Fund, hereinafter in this section referred to as the fund. The pension reserves investment management board established pursuant to section 23 of chapter 32, in this section called the board, shall be the trustee of and shall administer the fund. For the purposes of this section the secretary of the executive office of administration and finance, or his designee, and the executive director of the group insurance commission established pursuant to section 3 of chapter 32A or his designee, shall be members of the board. The provisions of section 23 of chapter 32 shall apply to the management of the fund. The fund shall be an expendable trust not subject to appropriation.

(b) The purpose of said fund shall be for depositing, investing and disbursing amounts set aside solely to meet liabilities of the state employees' retirement system for health care and other non-pension benefits for retired members of the system. There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and any gifts, grants, private contributions, investment income earned on the fund's assets and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

(c) Upon request of the group insurance commission established, the board may expend amounts in the fund, without further appropriation, to pay the costs of health care and other non-pension benefits for retired members of the state retirement system; provided, however, that said group insurance commission shall remain responsible for administering the payment of, and determining the terms, conditions, schedule of benefits, carriers and eligibility for, health care and other non-pension benefits for retired members of the state retirement system.

(d) Upon authorization by the board, any other retirement system of the commonwealth may participate in the fund using the same procedures required for participation in the PRIT Fund pursuant to section 22 of chapter 32.

(e) The fund shall be revocable only when all such health care and other non-pension benefits, current and future, payable pursuant to this chapter have been paid or defeased.
 
 

 

John Adams Innovation Institute I

SECTION 9.   Section 6A of chapter 40J of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 16, the words "the director of the office of business and technology" and inserting in place thereof the following words:- the undersecretary of business development.
 
 

 

John Adams Innovation Institute II

SECTION 10.   Said section 6A of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 19, the words "house and senate committees on science and technology" and inserting in place thereof the following words:- joint committee on economic development and emerging technologies.
 
 

 

John Adams Innovation Institute IV

SECTION 11.   Said section 6A of said chapter 40J, as so appearing, is hereby further amended by inserting after the word "the" in line 66, the following words:- joint committee on economic development and emerging technologies and the.
 
 

 

MassHealth - Employer-Sponsored Insurance Right of Subrogation

SECTION 12.   Section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(16) The division shall enroll MassHealth members in available employer-sponsored health insurance if that insurance meets the criteria for MassHealth payment of premium assistance and if federal approval will be obtained to ensure federal reimbursement for premium assistance for that insurance.
 
 

 

Children's Medical Security Plan Premiums

SECTION 13.   Section 10F of said chapter 118E, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The cost of the program shall be funded in part by premiums contributed by enrollees. The premiums shall be set forth in regulations of the executive office of health and human services; but, enrollees in households earning less than 200 per cent of the federal poverty level shall not be responsible for contributing to program premium costs.
 
 

 

Move Nursing Home Assessment to General Fund for MassHealth

SECTION 14.   Section 25 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words "Health Care Security Trust Fund established pursuant to chapter 29D" and inserting in place thereof the following words:- General Fund.
 
 

 

Transfer of the Health Safety Net Office to HCFP (3 of 3)

SECTION 15.   Said chapter 118G is hereby further amended by adding the following 6 sections:-

Section 34. As used in sections 34 to 39, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Acute hospital", the teaching hospital of the University of Massachusetts medical school and any hospital licensed under section 51 of chapter 111 and which contains a majority of medical-surgical, pediatric, obstetric and maternity beds, as defined by the department of public health.

"Allowable reimbursement", payment to acute hospitals and community health centers for health services provided to uninsured or underinsured patients of the commonwealth under section 39 and any further regulations promulgated by the health safety net office.

"Ambulatory surgical center", a distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization and meets the requirements of the federal Health Care Financing Administration for participation in the Medicare program.

"Ambulatory surgical center services", services described for purposes of the Medicare program under 42 U.S.C. 1395k(a)(2)(F)(I). These services include facility services only and do not include surgical procedures.

"Bad debt", an account receivable based on services furnished to a patient which: (i) is regarded as uncollectible, following reasonable collection efforts consistent with regulations of the office, which regulations shall allow third party payers to negotiate with hospitals to collect the bad debts of its enrollees; (ii) is charged as a credit loss; (iii) is not the obligation of a governmental unit or the federal government or any agency thereof; and (iv) is not a reimbursable health care service.

"Community health center", a health center operating in conformance with the requirements of Section 330 of United States Public Law 95-626, including all community health centers which file cost reports as requested by the division of health care finance and policy.

"Critical access services", those health services which are generally provided only by acute hospitals, as further defined in regulations promulgated by the division.

"Director", the director of the health safety net office.

"DRG", a patient classification scheme known as diagnosis related grouping, which provides a means of relating the type of patients a hospital treats, such as its case mix, to the cost incurred by the hospital.

"Emergency bad debt", bad debt resulting from emergency services provided by an acute hospital to an uninsured or underinsured patient or other individual who has an emergency medical condition that is regarded as uncollectible, following reasonable collection efforts consistent with regulations of the office.

"Emergency medical condition", a medical condition, whether physical or mental, manifesting itself by symptoms of sufficient severity, including severe pain, that the absence of prompt medical attention could reasonably be expected by a prudent layperson who possesses an average knowledge of health and medicine to result in placing the health of the person or another person in serious jeopardy, serious impairment to body function or serious dysfunction of any body organ or part or, with respect to a pregnant woman, as further defined in section 1867(e)(1)(B) of the Social Security Act, 42 U.S.C. 1295dd(e)(1)(B).

"Emergency services", medically necessary health care services provided to an individual with an emergency medical condition.

"Financial requirements", a hospital's requirement for revenue which shall include, but not be limited to, reasonable operating, capital and working capital costs, the reasonable costs of depreciation of plant and equipment and the reasonable costs associated with changes in medical practice and technology.

"Fund", the Health Safety Net Trust Fund established under section 36.

"Fund fiscal year", the 12-month period starting in October and ending in September.

"Gross patient service revenue", the total dollar amount of a hospital's charges for services rendered in a fiscal year.

"Health services", medically necessary inpatient and outpatient services as mandated under Title XIX of the federal Social Security Act. Health services shall not include: (1) nonmedical services, such as social, educational and vocational services; (2) cosmetic surgery; (3) canceled or missed appointments; (4) telephone conversations and consultations; (5) court testimony; (6) research or the provision of experimental or unproven procedures including, but not limited to, treatment related to sex-reassignment surgery and pre-surgery hormone therapy; and (7) the provision of whole blood, but the administrative and processing costs associated with the provision of blood and its derivatives shall be payable.

"Office", the health safety net office established under section 35.

"Payments subject to surcharge", all amounts paid, directly or indirectly, by surcharge payors to acute hospitals for health services and ambulatory surgical centers for ambulatory surgical center services; provided, however, that "payments subject to surcharge" shall not include: (i) payments, settlements and judgments arising out of third party liability claims for bodily injury which are paid under the terms of property or casualty insurance policies; (ii) payments made on behalf of Medicaid recipients, Medicare beneficiaries or persons enrolled in policies issued under chapter 176K or similar policies issued on a group basis; and provided further, that "payments subject to surcharge" may exclude amounts established under regulations promulgated by the division for which the costs and efficiency of billing a surcharge payor or enforcing collection of the surcharge from a surcharge payor would not be cost effective.

"Pediatric hospital", an acute care hospital which limits services primarily to children and which qualifies as exempt from the Medicare Prospective Payment system regulations.

"Pediatric specialty unit", a pediatric unit of an acute care hospital in which the ratio of licensed pediatric beds to total licensed hospital beds as of July 1, 1994 exceeded 0.20. In calculating that ratio, licensed pediatric beds shall include the total of all pediatric service beds, and the total of all licensed hospital beds shall include the total of all licensed acute care hospital beds, consistent with Medicare's acute care hospital reimbursement methodology as put forth in the Provider Reimbursement Manual Part 1, Section 2405.3G.

"Private sector charges", gross patient service revenue attributable to all patients less gross patient service revenue attributable to Titles XVIII and XIX, other public-aided patients, reimbursable health services and bad debt.

"Reimbursable health services", health services provided to uninsured and underinsured patients who are determined to be financially unable to pay for their care, in whole or part, under applicable regulations of the office; provided that the health services are emergency, urgentand critical access services provided by acute hospitals or services provided by community health centers; and provided further, that such services shall not be eligible for reimbursement by any other public or private third-party payer.

"Resident", a person living in the commonwealth, as defined by the office by regulation; provided, however, that such regulation shall not define as a resident a person who moved into the commonwealth for the sole purpose of securing health insurance under this chapter. Confinement of a person in a nursing home, hospital or other medical institution shall not in and of itself, suffice to qualify such person as a resident.

"Surcharge payor", an individual or entity that pays for or arranges for the purchase of health care services provided by acute hospitals and ambulatory surgical center services provided by ambulatory surgical centers, as defined in this section; provided, however, that the term "surcharge payor" shall not include Title XVIII and Title XIX programs and their beneficiaries or recipients, other governmental programs of public assistance and their beneficiaries or recipients and the workers' compensation program established under chapter 152.

"Underinsured patient", a patient whose health insurance plan or self-insurance health plan does not pay, in whole or in part, for health services that are eligible for reimbursement from the health safety net trust fund, provided that such patient meets income eligibility standards set by the office.

"Uninsured patient", a patient who is a resident of the commonwealth, who is not covered by a health insurance plan or a self-insurance health plan and who is not eligible for a medical assistance program.

Section 35. (a) There shall be established within the division of health care finance and policy a health safety net office which shall be under the supervision and control of a director. The director shall be appointed by the commissioner, in consultation with the secretary of health and human services and the Medicaid director, and shall be a person of skill and experience in the field of health care finance and administration. The director shall be the executive and administrative head of the office and shall be responsible for administering and enforcing the provisions of law relative to the office and to each administrative unit thereof. The director shall receive such salary as may be determined by law, and shall devote his full time to the duties of his office. In the case of an absence or vacancy in the office of the director, or in the case of disability as determined by the commissioner, the commissioner may designate an acting director to serve as director until the vacancy is filled or the absence or disability ceases. The acting director shall have all the powers and duties of the director and shall have similar qualifications as the director.

(b) The office shall have the following powers and duties: (1) to administer the Health Safety Net Trust Fund, established under section 36, and to require payments to the fund consistent with acute hospitals' and surcharge payors' liability to the fund, as determined under sections 37 and 38, and any further regulations promulgated by the office; (2) to set, after consultation with the office of Medicaid, reimbursement rates for payments from the fund to acute hospitals and community health centers for reimbursable health services provided to uninsured and underinsured patients and to disburse monies from the fund consistent with such rates; provided that the office shall implement a fee-for-service reimbursement system for acute hospitals; (3) to promulgate regulations further defining: (a) eligibility criteria for reimbursable health services; (b) the scope of health services that are eligible for reimbursement by the Health Safety Net Trust Fund; (c) standards for medical hardship; and (d) standards for reasonable efforts to collect payments for the costs of emergency care. The office shall implement procedures for verification of eligibility using the eligibility system of the office of Medicaid and other appropriate sources to determine the eligibility of uninsured and underinsured patients for reimbursable health services and shall establish other procedures to ensure that payments from the fund are made for health services for which there is no other public or private third party payer, including disallowance of payments to acute hospitals and community health centers for health services provided to individuals if reimbursement is available from other public or private sources; (4) to develop programs and guidelines to encourage maximum enrollment of uninsured individuals who receive health services reimbursed by the fund into health care plans and programs of health insurance offered by public and private sources and to promote the delivery of care in the most appropriate setting, provided that the programs and guidelines are developed in consultation with the commonwealth health insurance connector, established under chapter 176Q. These programs shall not deny payments from the fund because services should have been provided in a more appropriate setting if the hospital was required to provided the services under 42 U.S.C. 1395 (dd); (5) to conduct a utilization review program designed to monitor the appropriateness of services for which payments were made by the fund and to promote the delivery of care in the most appropriate setting; and to administer demonstration programs that reduce health safety net trust fund liability to acute hospitals, including a demonstration program to enable disease management for patients with chronic diseases, substance abuse and psychiatric disorders through enrollment of patients in community health centers and community mental health centers and through coordination between these centers and acute hospitals, provided, that the office shall report the results of these reviews annually to the joint committee on health care financing and the house and senate committees on ways and means; (6) to administer, in consultation with the office of Medicaid, the Essential Community Provider Trust Fund, established under section 2PPP of chapter 29, and to make expenditures from that fund without further appropriation for the purpose of improving and enhancing the ability of acute hospitals and community health centers to serve populations in need more efficiently and effectively, including, but not limited to, the ability to provide community-based care, clinical support, care coordination services, disease management services, primary care services, and pharmacy management services through a grant program. The office shall consider applications from acute hospitals and community health centers in awarding the grants. The criteria for selection shall include, but not be limited to, the following: (a) the financial performance of the provider as determined, in the case of applications from acute hospitals, quarterly by the division of health care finance and policy and by consulting other appropriate measurements of financial performance; (b) the percentage of patients with mental or substance abuse disorders served by a provider; (c) the numbers of patients served by a provider who are chronically ill, elderly, or disabled; (d) the payer mix of the provider, with preference given to acute hospitals where a minimum of 63 per cent of the acute hospital's gross patient service revenue is attributable to Title XVIII and Title XIX of the federal Social Security Act or other governmental payors, including reimbursements from the Health Safety Net Trust Fund; (e) the percentage of total annual operating revenue that funding received in fiscal years 2005 and 2006 from the Distressed Provider Expendable Trust Fund comprised for the provider; and (f) the cultural and linguistic challenges presented by the populations served by the provider; (7) to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with a private individual, partnership, firm, corporation, association or other entity, and to make contracts and execute all instruments necessary or convenient for the carrying on of its business; (8) to secure payment, without imposing undue hardship upon any individual, for unpaid bills owed to acute hospitals by individuals for health services that are ineligible for reimbursement from the Health Safety Net Trust Fund which have been accounted for as bad debt by the hospital and which are voluntarily referred by a hospital to the department for collection; provided, however that such unpaid charges shall be considered debts owed to the commonwealth and all payments received shall be credited to the fund; and provided, further, that all actions to secure such payments shall be conducted in compliance with a protocol previously submitted by the office to the joint committee on health care financing; (9) to require hospitals and community health centers to submit to the office data that it reasonably considers necessary; (10) to make, amend and repeal rules and regulations to effectuate the efficient use of monies from the Health Safety Net Trust Fund; provided, however, that the regulations shall be promulgated only after notice and hearing and only upon consultation with the board of the commonwealth health insurance connector, the secretary of health and human services, the director of the office of Medicaid and representatives of the Massachusetts Hospital Association, the Massachusetts Council of Community Hospitals, the Alliance of Massachusetts Safety Net Hospitals and the Massachusetts League of Community Health Centers; and (11) to provide an annual report at the close of each fund fiscal year, in consultation with the office of Medicaid, to the joint committee on health care financing and the house and senate committees on ways and means, evaluating the processes used to determine eligibility for reimbursable health services, including the Virtual Gateway. The report shall include, but not be limited to, the following: (i) an analysis of the effectiveness of these processes in enforcing eligibility requirements for publicly-funded health programs and in enrolling uninsured residents into programs of health insurance offered by public and private sources; (ii) an assessment of the impact of these processes on the level of reimbursable health services by providers; and (iii) recommendations for ongoing improvements that will enhance the performance of eligibility determination systems and reduce hospital administrative costs.

Section 36. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Health Safety Net Trust Fund, in this section and in sections 37 to 39, inclusive, called the fund, which shall be administered by the office. Expenditures from the fund shall not be subject to appropriation unless otherwise required by law. The purpose of the fund shall be to maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents of the commonwealth. The office shall administer the fund using such methods, policies, procedures, standards and criteria that it deems necessary for the proper and efficient operation of the fund and programs funded by it in a manner designed to distribute the fund resources as equitably as possible.

(b) The fund shall consist of all amounts paid by acute hospitals and surcharge payors under sections 37 and 38; all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; any transfers from the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29; and all property and securities acquired by and through the use of monies belonging to the fund and all interest thereon. Amounts placed in the fund shall, except for amounts transferred to the Commonwealth Care Trust Fund, be expended by the office for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents of the commonwealth, consistent with the requirements of this section and section 39 and the regulations promulgated by the office; provided, however, that $6,000,000 shall be expended annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any annual balance remaining in the fund after these payments have been made shall be transferred to the Commonwealth Care Trust Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time to time requisition from the fund amounts that he considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.

Section 37. (a) An acute hospital's liability to the fund shall equal the product of (1) the ratio of its private sector charges to all acute hospitals' private sector charges; and (2) $160,000,000. Annually, before October 1, the office, in consultation with the office of Medicaid, shall establish each acute hospital's liability to the fund using the best data available, as determined by the division, and shall update each acute hospital's liability to the fund as updated information becomes available. The office shall specify by regulation an appropriate mechanism for interim determination and payment of an acute hospital's liability to the fund. An acute hospital's liability to the fund shall in the case of a transfer of ownership be assumed by the successor in interest to the acute hospital.

(b) The office shall establish by regulation an appropriate mechanism for enforcing an acute hospital's liability to the fund in the event that an acute hospital does not make a scheduled payment to the fund. These enforcement mechanisms may include (1) notification to the office of Medicaid requiring an offset of payments on the Title XIX claims of any such acute hospital or any health care provider under common ownership with the acute care hospital or any successor in interest to the acute hospital, and (2) the withholding by the office of Medicaid of the amount of payment owed to the fund, including any interest and late fees, and the transfer of the withheld fundsinto the fund. If the office of Medicaid offsets claims payments as ordered by the office, it shall not be considered to be in breach of contract or any other obligation for the payment of non-contracted services, and providers whose payment is offset under an order of the division shall serve all Title XIX recipients under the contract then in effect with the office of Medicaid, or, in the case of a non-contracting or disproportionate share hospital, under its obligation for providing services to Title XIX recipients under this chapter. In no event shall the office direct the office of Medicaid to offset claims unless an acute hospital has maintained an outstanding obligation to the fund for a period longer than 45 days and has received proper notice that the division intends to initiate enforcement actions under regulations promulgated by the office.

Section 38. (a) Acute hospitals and ambulatory surgical centers shall assess a surcharge on all payments subject to surcharge as defined in section 34. The surcharge shall be distinct from any other amount paid by a surcharge payor for the services of an acute hospital or ambulatory surgical center. The surcharge amount shall equal the product of (i) the surcharge percentage and (ii) amounts paid for these services by a surcharge payor. The office shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate payments subject to the surcharge. The office shall determine the surcharge percentage before the start of each fund fiscal year and may redetermine the surcharge percentage before April 1 of each fund fiscal year if the office projects that the initial surcharge established the previous October will produce less than $150,000,000 or more than $170,000,000. Before each succeeding October 1, the office shall redetermine the surcharge percentage incorporating any adjustments from earlier years. In each determination or redetermination of the surcharge percentage, the office shall use the best data available as determined by the division and may consider the effect on projected surcharge payments of any modified or waived enforcement pursuant to subsection (e). The office shall incorporate all adjustments, including, but not limited to, updates or corrections or final settlement amounts, by prospective adjustment rather than by retrospective payments or assessments.

(b) Each acute hospital and ambulatory surgical center shall bill a surcharge payor an amount equal to the surcharge described in subsection (a) as a separate and identifiable amount distinct from any amount paid by a surcharge payor for acute hospital or ambulatory surgical center services. Each surcharge payor shall pay the surcharge amount to the office for deposit in the Health Safety Net Trust Fund on behalf of said acute hospital or ambulatory surgical center. Upon the written request of a surcharge payor, the office may implement another billing or collection method for the surcharge payor; provided, however, that the office has received all information that it requests which is necessary to implement such billing or collection method; and provided further, that the office shall specify by regulation the criteria for reviewing and approving such requests and the elements of such alternative method or methods.

(c) The office shall specify by regulation appropriate mechanisms that provide for determination and payment of a surcharge payor's liability, including requirements for data to be submitted by surcharge payors, acute hospitals and ambulatory surgical centers.

(d) A surcharge payor's liability to the fund shall in the case of a transfer of ownership be assumed by the successor in interest to the surcharge payor.

(e) The office shall establish by regulation an appropriate mechanism for enforcing a surcharge payor's liability to the fund if a surcharge payor does not make a scheduled payment to the fund; provided, however, that the office may, for the purpose of administrative simplicity, establish threshold liability amounts below which enforcement may be modified or waived. Such enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. Such enforcement mechanism may also include notification to the office of Medicaid requiring an offset of payments on the claims of the surcharge payor, any entity under common ownership or any successor in interest to the surcharge payor, from the office of Medicaid in the amount of payment owed to the fund including any interest and penalties, and to transfer the withheld funds into said fund. If the office of Medicaid offsets claims payments as ordered by the office, the office of Medicaid shall be considered not to be in breach of contract or any other obligation for payment of non-contracted services, and a surcharge payor whose payment is offset under an order of the division shall serve all Title XIX recipients under the contract then in effect with the executive office of health and human services. In no event shall the office direct the office of Medicaid to offset claims unless the surcharge payor has maintained an outstanding liability to the fund for a period longer than 45 days and has received proper notice that the office intends to initiate enforcement actions under regulations promulgated by the office.

(f) If a surcharge payor fails to file any data, statistics or schedules or other information required under this chapter or by any regulation promulgated by the office, the office shall provide written notice to the payor. If a surcharge payor fails to provide required information within 14 days after the receipt of written notice, or falsifies the same, he shall be subject to a civil penalty of not more than $5,000 for each day on which the violation occurs or continues, which penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. The attorney general shall bring any appropriate action, including injunctive relief, necessary for the enforcement of this chapter.

Section 39. (a) Reimbursements from the fund to hospitals and community health centers for health services provided to uninsured and underinsured individuals shall be subject to further rules and regulations promulgated by the office and shall be made in the following manner:-

(1) Reimbursements made to acute hospitals shall be based on actual claims for health services provided to uninsured and underinsured patients that are submitted to the office, and shall be made only after determination that the claim is eligible for reimbursement under this chapter and any additional regulations promulgated by the office. Reimbursements for health services provided to residents of other states and foreign countries shall be prohibited, and the office shall make payments to acute hospitals using fee-for-service rates calculated as provided in paragraphs (4) and (5).

(2) The office shall, in consultation with the office of Medicaid, develop and implement procedures to verify the eligibility of individuals for whom health services are billed to the fund and to ensure that other coverage options are used fully before services are billed to the fund, including procedures adopted under section 36. The office shall review all claims billed to the fund to determine whether the patient is eligible for medical assistance under the provisions of this chapter and whether any third party is financially responsible for the costs of care provided to the patient. In making these determinations, the office shall verify the insurance status of each individual for whom a claim is made using all sources of data available to the office. The office shall refuse to allow payments or shall disallow payments to acute hospitals and community health centers for free care provided to individuals if reimbursement is available from other public or private sources; provided, that payments shall not be denied from the fund because services should have been provided in a more appropriate setting if the hospital was required to provide these services under 42 U.S.C. 1395(dd).

(3) The office shall require acute hospitals and community health centers to screen each applicant for reimbursed care for other sources of coverage and for potential eligibility for government programs, and to document the results of that screening. If an acute hospital or community health center determines that an applicant is potentially eligible for Medicaid or for the commonwealth care health insurance program, established pursuant to chapter 118H, or another assistance program, the acute hospital or community health center shall assist the applicant in applying for benefits under that program. The office shall audit the accounts of acute hospitals and community health centers to determine compliance with this section and shall deny payments from the fund for any acute hospital or community health center that fails to document compliance with this section.

(4) For the purposes of paying community health centers for health services provided to uninsured individuals under this section, the office shall pay community health centers a base rate that shall be no less than the then-current Medicare Federally Qualified Health Center rate as required under 42 U.S.C. 13951 (a)(3), and the office shall add payments for additional services not included in the base rate, including, but not limited to, EPSDT services, 340B pharmacy, urgent care, and emergency room diversion services.

(5) Reimbursements to acute hospitals and community health centers for bad debt shall be made upon submission of evidence, in a form to be determined by the office, that reasonable efforts to collect the debt have been made.

(6) The office shall reimburse acute hospitals for health services provided to individuals based on the payment systems in effect for acute hospitals used by the United States Department of Health and Human Services Centers for Medicare & Medicaid Services to administer the Medicare Program under Title XVIII of the Social Security Act, including all of Medicare's adjustments for direct and indirect graduate medical education, disproportionate share, outliers, organ acquisition, bad debt, new technology and capital and the full amount of the annual increase in the Medicare hospital market basket index. The office shall, in consultation with the office of Medicaid and the Massachusetts Hospital Association, promulgate regulations necessary to modify these payment systems to account for: (i) the differences between the program administered by the office and the Title XVIII Medicare program, including the services and benefits covered; (ii) grouper and DRG relative weights for purposes of calculating the payment rates to reimburse acute hospitals at rates no less than the rates they are reimbursed by Medicare; (iii) the extent and duration of covered services; (iv) the populations served; and (v) any other adjustments to the payment methodology under this section as considered necessary by the office, based upon circumstances of individual hospitals.

Following implementation of this section, the office shall ensure that the allowable reimbursement rates under this section for health services provided to uninsured individuals shall not thereafter be less than rates of payment for comparable services under the Medicare program, taking into account the adjustments required by this section.

(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 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.

(c) The executive office of health and human services directly or through the division shall enter into interagency agreements with the department of revenue to verify income data for patients whose health care services are reimbursed by the Health Safety Net Trust Fund and to recover payments made by the fund for services provided to individuals who are ineligible to receive reimbursable health services or on whose behalf the fund has paid for emergency bad debt. The division shall promulgate regulations requiring acute hospitals to submit data that will enable the department of revenue to pursue recoveries from individuals who are ineligible for reimbursable health services and on whose behalf the fund has made payments to acute hospitals for such services or emergency bad debt. Any amounts recovered, including amounts received under chapter 62D, shall be deposited in the Health Safety Net Trust Fund, established in section 36.

(d) The office shall not at any time make payments from the fund for any period in excess of amounts that have been paid into or are available in the fund for that period, but the office may temporarily prorate payments from the fund for cash flow purposes.
 
 

 

Division of Unemployment Assistance I

SECTION 16.   Subsection (d) of section 188 of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- Before depositing the amounts, the director may deduct all administrative costs incurred by the division of unemployment assistance as a result of this section, including an amount as determined by the United States Secretary of Labor in accordance with federal cost rules. Except where inconsistent with this section, the terms and conditions of chapter 151A which are applicable to the payment and collection of contributions shall apply to the same extent to the payment and collection of any obligation under this section.
 
 

 

Division of Unemployment Assistance II

SECTION 17.   ** Item is being returned for amendment. Text of recommendations can be found in Attachment C.



Subsection (c) of section 46 of chapter 151A of the General Laws, as so appearing, is hereby amended by adding the following clause:-



(7) to the division of health care finance and policy, an interagency agreement for the administration and enforcement of sections 6B, 6C and 18B of chapter 118G and for the administration of the fair share employer contribution requirement under section 188 of chapter 149.

 
 

 

Uniform Carrier Registration Fee

SECTION 18.   Chapter 159B of the General Laws is hereby amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. Each interstate carrier by motor vehicle transporting over the ways within the commonwealth for compensation shall register and identify with the department pursuant to the federal Unified Carrier Registration Act of 2005. Each registration shall be accompanied by a fee, the amount of which shall be determined by the board of directors of the federal Unified Carrier Registration Plan.
 
 

 

District Court Realignment - Marlborough

SECTION 19.   Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words "district court of Marlborough".
 
 

 

District Court Realignment - Marlborough

SECTION 20.   The second paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "district court of Holyoke" the following line:

district court of Marlborough.
 
 

 

District Court Realignment - Worcester

SECTION 21.   Said section 10 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 39, the words "second district court of eastern Worcester".
 
 

 

District Court Realignment - Worcester

SECTION 22.   The third paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "district court of western Worcester" the following line:-

second district court of eastern Worcester.
 
 

 

District Court Realignment - Middlesex

SECTION 23.   Said section 10 of said chapter 218, as so appearing, is hereby further amended by striking out, in lines 53 and 54, the words "Brookline; district court of central Middlesex" and inserting in place thereof the following word:- Brookline.
 
 

 

District Court Realignment - Middlesex

SECTION 24.   The fourth paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "fourth district court of eastern Middlesex" the following line:-

district court of central Middlesex.
 
 

 

Assistant Clerks in Essex County Division Juvenile Court

SECTION 25.   Section 58 of said chapter 218, as so appearing, is hereby amended by striking out, in line 76, the words "an assistant clerk" and inserting in place thereof the following words:- a first assistant clerk and 3 assistant clerks.
 
 

 

Middlesex Clerk Increase

SECTION 26.   Said section 58 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 80, the word "seven" and inserting in place thereof the following figure:- 8.
 
 

 

Franklin Superior Court

SECTION 27.   Section 4 of chapter 221 of the General Laws, as so appearing, is hereby amended by inserting after the word "Essex", in line 4, the following word:- , Franklin.
 
 

 

Hampden County Assistant Clerks

SECTION 28.   Section 5 of said chapter 221, as so appearing, is hereby amended by striking out, in line 10, the figure "10" and inserting in place thereof the following figure:- 12.
 
 

 

Suffolk County Clerk Salary

SECTION 29.   Section 16A of said chapter 221, as so appearing, is hereby amended by striking out the second sentence.
 
 

 

GPS Technical Change I

SECTION 30.   ** Item is being returned for amendment. Text of recommendations can be found in Attachment D.



Section 47 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the second, third and fourth sentences and inserting in place thereof the following 2 sentences:- The commissioner of probation shall effectuate geographic exclusion zones, which shall be defined by the court and included as conditions of probation. If the commissioner or the probationer's probation officer has probable cause to believe that the probationer has violated this term of his probation, the commissioner or the probationer's probation officer shall notify the police in the location of the exclusion zone and shall arrest or cause the probationer to be arrested under section 3 of chapter 279.

 
 

 

Appelate Division Clerk Salaries

SECTION 31.   Section 28D of chapter 278 of the General Laws is hereby repealed.
 
 

 

MA State Track Facility Fund Repeal

SECTION 32.   Section 2 of chapter 772 of the acts of 1987 is hereby repealed.
 
 

 

Repeal MA State Track Facility Building Fund

SECTION 33.   Section 7 of said chapter 772 is hereby repealed.
 
 

 

Extension of Repayment Terms for Newton Loan

SECTION 34.   Paragraph (g) of section 146 of chapter 204 of the acts of 1996 is amended by striking out, in line 2, the word "ten" and inserting in place thereof the following figure:- 20.

 
 

 

Fisherman's Partnership Health Plan

SECTION 35.   Section 22 of chapter 47 of the acts of 1997 is hereby amended by striking out the figure "$3,000,000", inserted by section 158 of chapter 184 of the acts of 2002, and inserting in place thereof the following figure:- $4,000,000.
 
 

 

Flood Mitigation I

SECTION 38.   Item 1599-2005 of section 2A of chapter 81 of the acts of 2005 is hereby amended by inserting after the word "commonwealth", in line 5, the following words:- ; provided further, that in addition to said purposes, funds may be used to meet the costs associated with the flood emergencies beginning on May 14, 2006 in the counties of Essex, Middlesex, Norfolk, Suffolk and Worcester and in October 2005 in the counties of Berkshire, Franklin, Hampden, Hampshire and Worcester; provided further, that not less than $6,800,000 shall be expended to certain municipalities and eligible private nonprofit organizations in areas declared federal disaster areas in the counties of Essex, Middlesex, Norfolk, Suffolk and Worcester for the purpose of providing emergency disaster relief related to damages associated with the flooding of May, 2006; provided further, that not less than $1,000,000 shall be expended to certain municipalities and eligible private nonprofit organizations in areas declared federal disaster areas in the counties of Berkshire, Hampden, Hampshire, Franklin and Worcester for the purpose of providing emergency disaster relief related to damages associated with the flooding of October, 2005; provided further, that the relief shall be in the amount of 25 per cent of the total damage as certified by the Massachusetts emergency management agency; provided further, that not less than $1,680,000 shall be expended to Danvers for the purpose of providing relief related to damages associated with the chemical plant explosion on November 22, 2006; and provided further, that the funds appropriated herein shall be made available until June 30, 2008.
 
 

 

Hospital Rate Pay for Performance

SECTION 40.   Said chapter 58 is hereby further amended by striking out section 128, as amended by section 62 of chapter 324 of the acts of 2006, and inserting in place thereof the following section:-

Section 128. Notwithstanding any general or special law to the contrary and in accordance with section 13B of chapter 118E of the General Laws, in fiscal year 2007, $90,000,000 shall be made available from the Commonwealth Care Trust Fund, established pursuant to section 2OOO of chapter 29 of the General Laws, to pay for an increase in the Medicaid rates paid to acute hospitals and physicians; and provided further, that not less than 15 per cent of the increase shall be allocated to rate increases for physicians; provided, further, that for fiscal year 2008, an additional $90,000,000 for a total of $180,000,000, shall be made available from the Commonwealth Care Trust Fund in accordance with this section, to pay for an increase in the Medicaid rates paid to acute hospitals and physicians; provided, however, that not less than 15 per cent of the increase shall be allocated to rate increases for physicians. In fiscal year 2009, an additional $90,000,000, for a total of $270,000,000, shall be made available to pay for an increase in the Medicaid rates paid to acute hospitals, as defined in section 1 of chapter 118G of the General Laws, and physicians; provided, that not less than 15 per cent of the increase shall be allocated to rate increases for physicians. In fiscal year 2008, not more than $20,000,000 of the amounts to be made available to acute hospitals under this section shall be contingent on hospital adherence to quality standards and achievement of performance benchmarks, including the reduction of racial and ethnic disparities in the provision of health care, in accordance with said section 13B of said chapter 118E. For fiscal year 2008, any such performance benchmarks shall be determined by the secretary of health and human services without any limitation but in consultation with hospitals, the MassHealth payment policy advisory board and the health care quality and cost council, and may include measures to be reported by hospitals to the federal Centers for Medicare & Medicaid Services for Reporting Hospital Quality Data for Annual Payment Update, to the Joint Commission on Accreditation of Healthcare Organizations for core measures, or to the MassHealth Program pursuant to Appendix G of the contract between MassHealth and acute hospitals for Rate Year 2007 or other nationally-recognized measures that are drawn on those approved by the National Quality Forum and adopted by the Hospitals Quality Alliance Performance benchmarks and quality measures related to racial and ethnic disparities in the provision of health care. The secretary shall, after consultation required by said section 13B of said chapter 118E, issue final quality standards and performance benchmarks for use in the hospital fiscal year beginning October 1, 2007. For purposes of payments to hospital pursuant to this section, fiscal year shall mean the hospitals fiscal year and, for purposes of any payments to physicians pursuant to this section, fiscal year shall mean the state fiscal year.
 
 

 

Healthcare Reform Amendment

SECTION 41.   Sections 19 to 21, inclusive, of chapter 324 of the acts of 2006 are hereby repealed.
 
 

 

Medical Spa Reporting Date

SECTION 42.   Section 3 of chapter 81 of the acts of 2006 is hereby amended by striking out the words "within 12 months after the effective date of this act" and inserting in place thereof the following words: on or before September 1, 2007.
 
 

 

Flood Mitigation II

SECTION 43.   Section 10 of chapter 192 of the acts of 2006 is hereby repealed.
 
 

 

Dissolution of the Central Artery/Third Harbor Tunnel Oversight Comm.

SECTION 44.   The Central Artery/Third Harbor Tunnel project oversight commission established pursuant to item 1599-1969 of section 2B of chapter 205 of the acts of 1996, shall be dissolved on December 31, 2007. Under the direction of the attorney general, the attorney general, the inspector general and the state auditor, or their designees, shall continue to meet on a quarterly basis to coordinate oversight activities relative to the Central Artery/Third Harbor Tunnel project.
 
 

 

Health Safety Net Trust Improvement Plan

SECTION 45.   Notwithstanding any general or special law to the contrary, the health safety net office, established in section 35 of chapter 118G of the General Laws shall enter into an interdepartmental service agreement with the office of Medicaid to develop and implement a plan to achieve the improvements in the operations, management, payment processes and data integrity of the health safety net trust fund, consistent with, but not limited to, the provisions of subclauses (ii) to (v), inclusive, of subsection (b). Said plan shall include, but not be limited to: (i) a review and analysis of free care and emergency bad debt claims submitted in the most recent 3-year period to determine the patterns most appropriate and promising for targeted audits and reviews; (ii) a cost effective approach to maximizing the identification of all sources of third-party liability for patients receiving free care or emergency services; (iii) a cost-effective approach to establishing an ongoing claims and utilization review system for uncompensated care claims that is effective in identifying and disallowing inappropriate claims, but also takes into consideration the practicality of said approach considering the small volume of claims relative to other payers that make routine use of claims and utilization review systems, and (iv) an approach that maximizes the use of existing eligibility determination and review systems, coordination of benefits, claims review and provider integrity systems, ISAs and related program and provider integrity contracts available to the office of Medicaid for achieving the management improvements required under this section. Said plan, and a proposed timeline for implementation of all components of the plan, shall be submitted to the joint committee on health care financing and the house and senate committees on ways and means no later than October 30, 2007. The office and the office of Medicaid shall jointly submit a report to joint committee on health care financing and the house and senate committees on ways and means no later than March 15, 2009, outlining the results of the management improvements implemented pursuant to said plan and provisions of this section and making any necessary recommendations for further improvements and reforms of the health safety net trust fund and its operations.
 
 

 

Medicare Part D and Prescription Advantage

SECTION 46.   Notwithstanding any general or special law to the contrary and in order to maintain the fiscal viability of the subsidized catastrophic prescription drug insurance program, hereinafter referred to as the "prescription advantage program", authorized by section 39 of chapter 19A of the General Laws, cost-sharing required of enrollees in the form of co-payments, premiums and deductibles, or any combination thereof, may be adjusted by the department of elder affairs to reflect price trends for outpatient prescription drugs, as determined by the secretary of elder affairs. The secretary shall not implement such cost sharing increases required of enrollees in the form of co-payments, premiums and deductibles or any combination thereof, unless the executive office has given 90 days notice to the general court and has received approval of the proposed plan from a majority of the general court. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program shall also be enrolled in a Medicare prescription drug plan, a Medicare Advantage prescription drug plan or in a plan which provides creditable prescription drug coverage as defined in section 104 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, hereinafter referred to as "MMA," and which provides coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D, hereinafter referred to as a "creditable coverage" plan. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program, who may qualify for the low-income subsidy, provided under the MMA Subpart P - Premiums and cost-sharing subsidies for low-income individuals, shall apply for such subsidies. To the extent permitted by MMA and regulations promulgated thereunder and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare prescription drug plan or for the low-income subsidy provided under MMA and may receive information about the member's eligibility and enrollment status necessary for the operation of the prescription advantage program. For enrollees who qualify for enrollment in a Medicare Part D plan, the prescription advantage program will provide a supplemental source of financial assistance for prescription drug costs, hereinafter referred to as "supplemental assistance" in lieu of the catastrophic prescription drug coverage provided pursuant to said section 39 of said chapter 19A. The prescription advantage program will provide supplemental assistance for premiums, deductibles, payments and co-payments required by a Medicare prescription drug plan or Medicare Advantage prescription drug plan and will provide supplemental assistance for deductibles, payments and co-payments required by a creditable coverage plan. The department shall establish the amount of the supplemental assistance it will provide enrollees based on a sliding income scale and the coverage provided by the enrollees' Medicare prescription drug plan, Medicare Advantage prescription drug plan or creditable coverage plan. In addition to the eligibility requirements set forth in section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, an individual shall have a household income of less than 500 per cent of the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2). Residents of the commonwealth who are not eligible for Medicare shall continue to be eligible for the prescription advantage program pursuant to said section 39 of said chapter 19A.
 
 

 

Bay State Competitiveness Investment Fund

SECTION 47.   There shall be established and set up on the books of the commonwealth a separate fund to be known as the Bay State Competitiveness Investment Fund. Expenditures from the Bay State Competitiveness Investment Fund shall be subject to appropriation.
 
 

 

Job Growth Initiative I

SECTION 48.   (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2007 as follows: (i) if the consolidated net surplus for fiscal year 2007 is at least $150,000,000, then the comptroller shall transfer $100,000,000 from the General Fund to the Bay State Competitiveness Investment Fund, established in section 47 and shall transfer the remaining amount to the Stabilization Fund established pursuant to section 2H of chapter 29 of the General Laws; (ii) if the consolidated net surplus for fiscal year 2007 is greater than $50,000,000, but less than $150,000,000, then the comptroller shall transfer $50,000,000 from the General Fund to the Stabilization Fund and shall transfer the remaining amount from the General Fund to the Bay State Competitiveness Investment Fund, established in said section 47; (iii) if the consolidated net surplus for fiscal year 2007 is $50,000,000 or less, then the comptroller shall transfer the entire consolidated net surplus from the General Fund to the Stabilization Fund.

(b) All transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, provided that no such transfer shall cause a deficit in any of the funds.
 
 

 

Tourism Fund Formulas

SECTION 49.   Notwithstanding any general or special law to the contrary, section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2008.
 
 

 

Stabilization Fund Transfer

SECTION 50.   Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2008, transfer $240,000,000 to the General Fund from the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws.
 
 

 

Transfer Interest or $75m from Stabilization Fund:

SECTION 51.   Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2008, transfer from the Commonwealth Stabilization Fund to the General Fund the lesser of: (1) the interest paid on the Commonwealth Stabilization Fund during fiscal year 2008, or (2) $75,000,000.
 
 

 

Transfer General Fund to the State Retiree Benefits Trust

SECTION 52.   Notwithstanding any general or special law to the contrary, during fiscal year 2008, the comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of administration and finance, transfer $343,242,800 from the General Fund to the State Retiree Benefits Trust Fund, established in section 24 of chapter 32A of the General Laws.
 
 

 

Transfer Health Care Security Trust to General Fund

SECTION 53.   ** Item is being returned for amendment. Text of recommendations can be found in Attachment E.



Notwithstanding any general or special law to the contrary, the comptroller shall not less than 10 days after the effective date of this act, transfer $150,000,000 to the General Fund from the Health Care Security Trust Fund, established in section 1 of chapter 29D of the General Laws.

 
 

 

Transfer Health Care Security Trust to State Retiree Benefits Trust

SECTION 54.   Notwithstanding any special or general law to the contrary, and on or before June 30, 2008 the comptroller shall transfer the balance in the Health Care Security Trust to the State Retiree Benefits Trust Fund.
 
 

 

Transfers Among Health Care Funds

SECTION 55.   Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the state treasurer, the secretary of administration and finance and the secretary of health and human services, develop a schedule for transferring funds among the General Fund, the Commonwealth Care Trust Fund established pursuant to section 2OOO of chapter 29 of the General Laws and the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws. Not less than $789,650,000 shall be transferred from the General Fund to the Commonwealth Care Trust Fund and not less than $33,900,000 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund; provided further, that the executive office of health and human services shall make expenditures required for fiscal year 2008 pursuant to section 122 of chapter 58 of the acts of 2006. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of these funds. The transfers shall not begin before July 1, 2007 and shall be completed on or before June 30, 2008. The secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded from the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures. The secretary of health and human services in consultation with the secretary of administration and finance and the executive director of the commonwealth health insurance connector shall submit a quarterly report to the house and senate committees on ways and means and joint committee on healthcare financing which shall include, but not be limited to, the projected and actual expenditures and revenues for the Commonwealth Care Trust Fund and any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund.
 
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 56.   Notwithstanding any general or special law to the contrary, on or before October 1, 2007 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws, an amount not to exceed $45,000,000 for the purpose of making initial gross payments to qualifying acute care hospitals and community health centers for the hospital fiscal year beginning October 1, 2007. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to this fund. The comptroller shall transfer from this fund to the General Fund not later than June 30, 2008, the amount of the transfer authorized in this section and any allocation of that amount as certified by the director of the health safety net office.
 
 

 

MassHealth Provider Supplemental Payments

SECTION 57.   Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the office of the state treasurer, the executive office of administration and finance, and the executive office of health and human services, develop a schedule and make a series of transfers not to exceed $346,000,000 from the General Fund to the MassHealth provider payment account in the Medical Assistance Trust Fund established pursuant to section 2QQQ of chapter 29 of the General Laws; provided that, the comptroller has determined that General Fund revenues are sufficient to accommodate said schedule of transfers. Any increase in payment made from said trust totaling an amount greater than $251,000,000 in fiscal year 2008 shall be made only after the secretary of the executive office of health and human services certifies that any said increase in payments from said trust shall not exceed the negotiated limit for section 1115 waiver spending. The secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the joint committee on healthcare financing of said certification within 15 days of such certification.
 
 

 

Transfer to MA Cultural Facilities Fund

SECTION 58.   Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $5,000,000 from the General Fund to the Massachusetts Cultural Facilities Fund, established in section 42 of chapter 23G of the General Laws.
 
 

 

Transfer Health Care Quality Improvement Trust Fund Balance

SECTION 59.   Notwithstanding any special or general law to the contrary and on or before October 1, 2007, the comptroller shall transfer to the General Fund the balance in the Health Care Quality Improvement Trust Fund, established in section 2EEE of chapter 29 of the General Laws.
 
 

 

Essential Community Provider Trust Fund

SECTION 60.   Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the secretary of health and human services, shall develop a schedule for transferring not less than $28,000,000 from the General Fund to the Essential Community Provider Trust Fund, established in section 2PPP of chapter 29 of the General Laws for the purpose of making payments to hospitals and community health centers in fiscal year 2008. The secretary shall authorize expenditures from the fund without further appropriation for the purpose of a grant program to improve and enhance the ability of hospitals and community health centers to serve populations in need, more efficiently and effectively, including, but not limited to, the ability to provide community-based care, clinical support, care coordination services, disease management services, primary care services and pharmacy management services through a grant program. The office shall consider applications from acute hospitals, non-acute hospitals, and community health centers in awarding the grants; provided, however, that the office shall publicize the existence of the grant program to eligible providers and shall award grants on or before September 1, 2007. The criteria for selection shall include, but not be limited to, the following: (i) financial performance measures including negative operating margins, insufficient cash flow, technical bond default and the uncertain ability to cover long-term obligations, as well as potential for loss of critical community services; (ii) the percentage of patients with mental or substance abuse disorders served by a provider; (iii) the numbers of patients served by a provider who are chronically ill, elderly, or disabled, provided that in the case of a community health center, that preference be given to the provision of a program of all-inclusive care for the elderly; (iv) the payer mix of the provider, with preference given to acute hospitals where a minimum of 63 per cent of the acute hospital's gross patient service revenue is attributable to Title XVIII and Title XIX of the federal Social Security Act or other governmental payors, including reimbursements from the Health Safety Net Trust Fund; (v) the percentage of total annual operating revenue that received funding in fiscal years 2005 and 2006 from the Distressed Provider Expendable Trust Fund comprised for the provider; (vi) the percentage of total annual operating revenue that received funding in fiscal year 2007 from the Essential Community Provided Trust Fund, established in section 36 of chapter 118G of the General Laws; (vii) the cultural and linguistic challenges presented by the populations served by the provider; (viii) a documented critical need for investment in information technology such as computerized physician order entry systems but without access to capital to finance such investments; and (ix) the provision by a community health center of 24 hour emergency services. The secretary may further authorize distributions on an emergency basis to acute hospitals, non-acute hospitals and community health centers facing extreme financial distress or closure upon petition from the provider. The emergency funds shall be distributed by the secretary within 14 days of petition by a provider that is determined to be facing extreme financial distress or closure at an amount determined by the secretary.
 
 

 

Transfer from the Health Care Security Trust

SECTION 61.   Notwithstanding any general or special law to the contrary, during fiscal year 2008, the comptroller shall transfer from the Health Care Security Trust established pursuant to section 1 of chapter 29D of the General Laws to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2008 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378 and 100 per cent of the earnings generated in fiscal year 2008 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2.
 
 

 

Transfer to the MA Science, Technology, Engineering and Math Fund

SECTION 62.   Notwithstanding any other general or special law to the contrary, 10 days after the effective date of this act, the comptroller shall transfer $4,000,000 from the General Fund to the Massachusetts Science, Technology, Engineering and Mathematics Grant Fund, established in section 2MMM of chapter 29 of the General Laws.
 
 

 

Unemployment Assistance Funding for Health Care Reform

SECTION 63.   Notwithstanding any general or special law to the contrary, within 10 days of the effective date of this act, the comptroller shall transfer $1,799,735 from the Medical Security Trust Fund, established by subsection (k) of section 14G of chapter 151A of the General Laws, to the Commonwealth Care Trust Fund, established in section 2OOO of chapter 29 of the General Laws, for use solely by the division of unemployment assistance to support development, implementation and first year operating costs associated with carrying out the division's responsibilities under section 188 of chapter 149 of the General Laws.
 
 

 

Transfer to the Commonwealth Covenant Fund

SECTION 64.   Notwithstanding any general or special law to the contrary, within 10 days of the effective date of this act, the comptroller shall transfer $3,750,000 from the General Fund to the Commonwealth Covenant Fund established in section 35EE of chapter 10 of the General Laws.
 
 

 

Cancel Deposit to Stabilization Fund

SECTION 65.   Notwithstanding any general or special law to the contrary, during fiscal year 2008 the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund as otherwise required pursuant to clause (a) of section 5C of chapter 29 of the General Laws.
 
 

 

Pension Cost of Living Adjustment

SECTION 66.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund, established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations under said section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32, and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the treasurer. The treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and also including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to clause (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this section shall be made only pursuant to distribution of monies from the fund, and any distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. The state board of retirement may expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded pension liability of the commonwealth.
 
 

 

Ed Reform Minimum Contribution Waiver

SECTION 67.   (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a plan E city or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws, in the fiscal year ending June 30, 2008. Based on the criteria established in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of education.

(b) A city or town that used qualifying revenue amounts in a fiscal year which will not be available for use in the next fiscal year, or that will be required to use revenues for extraordinary non school-related expenses for which it did not have to use revenues in the preceding fiscal year, or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor, may appeal to the department of revenue on or before October 1, 2007 for an adjustment of its minimum required local contribution and net school spending.

(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending on June 30, 2008 shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.

(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.

(e) The board of selectmen in a town, the city council in a plan E city, the mayor in any other city, or a majority of the member municipalities of a regional school district, which used qualifying revenue amounts in a fiscal year that will not be available for use in the next fiscal year, may appeal to the department of revenue not later than October 1, 2007 for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.

(f) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with this section.

(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined pursuant to this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.

(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized pursuant to this section.

(i) The amount of financial assistance due from the commonwealth in fiscal year 2008 pursuant to chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section.

(j) The department of revenue and the department of education shall issue guidelines for their respective duties pursuant to this section.
 
 

 

UMass/Health and Human Services Interagency Service Agreements

SECTION 68.   Notwithstanding any general or special law to the contrary, the executive office of health and human services may, pursuant to section 16 of chapter 6A of the General Laws, acting in its capacity as the single state agency pursuant to Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office and other federally assisted programs administered by the executive office, enter into interdepartmental services agreements with the University of Massachusetts medical school to perform activities that the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of Title XIX and other federal funding provisions to support the programs and activities of the executive office. These activities shall include: (1) providing administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the University of Massachusetts medical school relative to federally reimbursable services the university provides under these interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to the university, and recorded in the state accounting system. The secretary of health and human services may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not extend longer than 3 years, and shall not be renewed without prior review and approval from the executive office of administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2008. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
 
 

 

Trial Court Transferability

SECTION 69.   Notwithstanding subclause (a) of clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws, or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 30, 2008, transfer funds from any item of appropriation within 1 of the 7 departments of the trial court to any other item of appropriation of the 7 departments. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include the following: (1) the amount of money transferred from 1 item of appropriation to another; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer is to be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.
 
 

 

Salisbury Beach Erosion Study

SECTION 70.   Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall implement and develop a short term response protocol and long term disaster relief management plan to address the effects of coastal erosion on Salisbury beach. The plan shall be filed with the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture within 90 days of the effective date of this act.
 
 

 

Working Group for the Creation of a Updated Jury Pool List

SECTION 71.   (a) Notwithstanding any general or special law to the contrary, the secretary of administration and finance or his designee, hereinafter referred to as the secretary, the jury commissioner or her designee and the state secretary or his designee shall convene a working group to establish an administrative records list of all residents 17 years of age and older for the purpose of testing the feasibility of using such a list for the creation of jury pools and purging voter lists. The working group shall consist of representatives of appropriate executive and judicial agencies and others, as determined by the secretary. The secretary shall consult with and work collaboratively with the working group in carrying out this section. All state agencies possessing an electronic database which contains information relative to these persons including, but not limited to, the state secretary, the registry of motor vehicles, the department of revenue, the board of higher education, the department of transitional assistance, the office of medicaid, the department of public health and the division of unemployment assistance, shall provide in electronic form a copy of the database in a format acceptable to the secretary. In addition, a city or town that conducts an annual census shall provide the data to the secretary and all public and private colleges and universities shall provide the data from enrollment records. To the extent possible, the data shall include the name, residential address, mailing address, race, gender, social security number and date of birth of each person. In those cases where a federal or state waiver or authorization is necessary to provide this information, each agency or entity shall take all necessary steps to obtain such authorization or waiver, and no state agency shall unreasonably withhold such authorization or waiver. No information shall be provided to the secretary beyond that required to create the administrative records list. Nothing shall be included in a printed administrative records list that would indicate from which source list the information on an individual resident was derived. The secretary may secure and use additional lists from nongovernmental institutions and sources in order to create the administrative records list. The secretary, on behalf of the working group, shall provide in electronic form a copy of the administrative records list, without social security numbers, to the jury commissioner for the purpose of testing the feasibility of using that list for the creation of jury pools. The secretary shall provide, in electronic form, a copy of the administrative records list to the state secretary only for the purposes of testing its use to maintain voter registration lists and for testing its use as a source for street lists for cities and towns and to the Massachusetts state data center at the University of Massachusetts Donahue Institute for the purposes of testing the administrative records list and supporting efforts to improve United States Census Bureau population estimates for the commonwealth only. The secretary, the state secretary, the jury commissioner, the department of revenue, the Massachusetts state data center and all others who have access to data under this section shall treat all such data confidentially and such data and any record created, received or maintained from such data under this section shall not be a public record and shall not be disclosed except as provided in this section. Testing of the administrative records list shall not replace or alter any requirements of current law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall submit an annual report to the clerks of the house and the senate, the chairs of the committee on election laws and the chairs of the committee on state administration and regulatory oversight until such time as the testing is complete. For the purposes of establishing an administrative records list, the commissioner of revenue shall disclose to the secretary the names, social security numbers and addresses of residents filing personal income tax returns, but such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A of the General Laws. For the purposes of this section, the information contained in the wage reporting match system may be disclosed to the secretary for the purpose of establishing an administrative records list. Only information required to create the administrative records list shall be provided to the secretary including, but not limited to, the name and social security number of each individual listed.
 
 

 

Caseload Capacity for MassHealth Dentists

SECTION 72.   Notwithstanding any general or special law to the contrary, the executive office of health and human services may promulgate regulations allowing any dentist participating in the MassHealth program to limit the number of MassHealth patients in his practice in accordance with standards or procedures to be established by the executive office of health and human services.
 
 

 

GIC Coverage for Legally Separated Spouse

SECTION 73.   Notwithstanding any general or special law to the contrary, and effective June 28, 1984, Patricia M. Walsh of 19 Jonathan street in the city of New Bedford shall be eligible for the insurance benefits made available to the divorced or separated spouses of an employee or retiree who has such health insurance or coverage as provided in section 11A of chapter 32A of the General Laws.

 
 

 

Clarifies Undersecretary of Business Development

SECTION 74.   Notwithstanding any general or special law to the contrary, the terms "director of business and technology" or "director of economic development", wherever they appear in a general or special law, shall mean the undersecretary of business development.
 
 

 

Medicaid Reimbursement for Urine Drug Tests

SECTION 75.   Notwithstanding any special or general law to the contrary, the executive office of health and human services shall investigate and study the feasibility of providing Medicaid reimbursement for all urine drug tests performed for patients enrolled in an inpatient or outpatient department of public health licensed substance abuse program. The study shall consider the projected cost or savings, efficiency and quality of care related to Medicaid reimbursement for urine testing, and the eligibility of federal matching funds for said services. The study shall also study the cost and implications of allowing Medicaid to reimburse for the cost of urine testing without an order from a primary care physician or other practitioner. Results of the study shall be filed with the joint committee on health care financing and the house and senate committee on ways and means on or before October 1, 2007.
 
 

 

Report to Legislature on Claims-Based Reimbursement System

SECTION 76.   Notwithstanding any general or special law to the contrary, the secretary of health and human services shall submit a report on the reimbursement methodology to be used in hospital fiscal year 2008 for health services from the Health Safety Net Trust Fund as determined by the health safety net office pursuant to section 39 of chapter 118G of the General Laws. The report shall detail all modifications made to the payment systems in effect for acute hospitals used by the United States Department of Health and Human Services Centers for Medicare & Medicaid Services to administer the Medicare Program under Title XVIII of the Social Security Act, including any adjustments to account for: (1) the differences between the program administered by the office and the Title XVIII Medicare program, including the services and benefits covered; (2) grouper and DRG relative weights for purposes of calculating the payment rates to reimburse acute hospitals at rates no less than the rates they are reimbursed by Medicare; (3) the extent and duration of covered services; (4) the populations served; and (5) any other adjustments based upon circumstances of individual hospitals. The report shall also detail what, if any, adjustments were made under clause (4) for disproportionate share hospitals, as defined in section 1 of said chapter 118G, or for a free-standing pediatric hospital with a disproportionately low volume of Title XVIII payments. The secretary shall submit the report to the joint committee on health care financing and the house and senate committees on ways and means on or before August 1, 2007.
 
 

 

Payment of Certain Pensions

SECTION 77.   Notwithstanding any general or special law to the contrary, pension benefits authorized pursuant to chapters 712 and 721 of the acts of 1981, chapter 154 of the acts of 1983, chapter 67 of the acts of 1988, and chapter 621 of the acts of 1989, for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for that service was paid in full from a grant from the federal government and for the cost of medical examinations in connection therewith, for pensions of retired judges or their widows or widowers, for retirement allowances of certain employees formerly in the service of the administrative division of the metropolitan district commission, for retirement allowances of certain veterans and police officers formerly in the service of the metropolitan district commission, for retirement allowances of certain veterans formerly in the service of the metropolitan sewerage district, for retirement allowances of certain veterans formerly in the service of the metropolitan water system and for annuities for widows or widowers of certain former members of the uniformed branch of the state police shall be funded from the Pension Reserves Investment Trust Fund, established in subdivision (8) of section 22 of chapter 32 of the General Laws.
 
 

 

DA's Forfieture Fund Report

SECTION 78.   Notwithstanding any general or special law to the contrary, in the event that any district attorney fails to comply with reporting language relevant to the use of drug forfeiture funds, inserted in items 0340-0100, 0340-0200, 0340-0300, 0340-0400, 0340-0500, 0340-0600, 0340-0700, 0340-0800, 0340-0900, 0340-1000, and 0340-1100 of section 2 of this act, the house and senate committees on ways and means shall notify the state comptroller of such failure to comply. A district attorney may request in writing a reasonable extension of the reporting period from the house and senate committees on ways and means. If such an extension is requested, the house and senate committees on ways and means shall not notify the state comptroller of a failure to comply with the reporting requirement until the extension period has elapsed. Upon receipt of said notification, the state comptroller shall make available to the witness protection board, established pursuant to section 2 of chapter 263A of the General Laws, the balance of said district attorney's Special Law Enforcement Trust Fund, established in section 47 of chapter 94C of the General Laws, and any additional money transferred into said trust fund after the reporting date.
 
 

 

Pool Audit Unit at the IGO

SECTION 79.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2008, the office of the inspector general may continue to expend funds appropriated pursuant to section 1 of chapter 240 of the acts of 2004 from the Uncompensated Care Trust Fund, or any successor fund, for the costs associated with maintaining a pool audit unit within said office. The unit shall continue to oversee and examine the practices in all Massachusetts' hospitals including, but not limited to, the care of the uninsured and the resulting free care charges. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2008. For the purposes of said audits, allowable free care services shall be defined pursuant to chapter 118G of the General Laws and any regulations promulgated pursuant thereto.
 
 

 

Fish and Game Online Fee Collections

SECTION 80.   Notwithstanding any general or special law to the contrary, the department of fish and game is hereby authorized to collect an administrative handling charge for all electronic transactions processed through online licensing and registration systems for the sole purpose of defraying the expenses of issuing said licenses and permits.
 
 

 

Required Reports to Administration and Finance

SECTION 81.   Notwithstanding any general or special law to the contrary, any agency, board, bureau, department, division, section, or commission of the commonwealth required to submit a report to the house and senate committees on ways and means pursuant to this act shall submit a copy of said report to the executive office of administration and finance.
 
 

 

Study Commission on Retiree Benefit Liability

SECTION 82.   Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the commonwealth's liability for paying retiree health care and other nonpension benefits. The commission shall specifically examine further legislation necessary to comply with statement number 43 and statement number 45 of the Government Accounting Standards Board, a possible amortization schedule to fund the commonwealth's liability and, alternatively, state borrowing against future tobacco litigation proceeds to fund the commonwealth's liability for said retiree healthcare and other non-pension benefits. The commission shall consist of the chairs of the joint committee on public service, who shall chair the commission, the chairs of the house and senate committees on ways and means, the secretary of administration and finance, or his designee, the state treasurer, or his designee, the state comptroller, or his designee, the executive director of the pension reserves investment management board or his designee, the house minority leader or his designee, the senate minority leader or his designee, and the executive director of the group insurance commission or his designee. The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means on or before December 31, 2007.
 
 

 

Task Force to Prevent Campus Violence

SECTION 83.   Notwithstanding any special or general law to the contrary, there shall be a special task force to examine existing policies, procedures and programs and make recommendations to reduce and prevent incidents of campus violence including, but not limited to, assault, sexual assault, weapons possession and homicide on college campuses. The task force shall also study and make recommendations on existing communication plans, staffing and training of security personnel for each campus.

The task force shall be comprised of 13 members, including the house and senate chairs of the joint committee of higher education, who shall serve as co-chairs of the task force, 1 member to be appointed by the minority leader of the house of representatives, 1 member to be appointed by the minority leader of the senate, 2 members to be appointed by the governor, the chair of the board of higher education, 1 member to be appointed by the president of the University of Massachusetts, 1 member to be appointed by the state college presidents, 1 member to be appointed by the community college presidents, 1 student of a University of Massachusetts, or a state or community college to be appointed by the board of higher education, the secretary of public safety or his designee and the attorney general or his designee.

The board of higher education shall provide such staff and resources as may be necessary for the task force to perform its functions. The task force shall convene its first meeting on or before October 1, 2007 and shall file a report, with any legislative or regulatory recommendations, with the clerks of the senate and the house of representatives on or before March 1, 2008.
 
 

 

Homeowners' Insurance Commission

SECTION 84.   There shall be a special commission to review the current state of the homeowners' insurance market. The commission shall study the availability and affordability of property insurance, the relevant rate-driving factors, the cost of reinsurance and the current use of storm damage prediction data and shall consider any actuarial methods, principles, standards, models or output ranges that have the potential for improving the accuracy of or reliability of hurricane loss projections. The commission shall evaluate the potential benefits and disadvantages of the creation of a state-run board on hurricane loss projection methodology to provide actuarial guidelines and standards for projection of hurricane losses as well as for a state-run catastrophic event fund. The commission shall consist of: the house and senate chairs of the joint committee on financial services or their designees, who shall co-chair the commission; the house minority leader, or his designee; the senate minority leader, or his designee; 1 member of the house of representatives; 1 member of the senate, both of whom shall represent Cape Cod or another coastal area; the state treasurer or his designee; the commissioner of insurance or his designee, the attorney general or his designee; a representative from the Massachusetts Property Insurance Underwriting Association; 2 representatives from property casualty insurers, one of whom must be from a company with its principle place of business in Massachusetts and in the top 10 writers of homeowners insurance in Massachusetts by market share to be selected by the Massachusetts Insurance Federation; 1 representative to be selected by the Massachusetts Association of Insurance Agents; 1 representative to be selected by the Reinsurance Association of America; 1 representative from the Center for Insurance Research; and 1 representative from the Massachusetts Public Interest Research Group. The commission shall conduct not less than 4 meetings, the first of which shall convene on or before July 21, 2007, and it shall hold at least 1 public hearing on Cape Cod or other coastal area.

Notwithstanding any general or special law to the contrary, the commissioner shall not approve any rate filing required under section 5 of chapter 175C of the General Laws until after the commission has filed its report or October 1, 2007, which ever is earlier. The commission shall file a report of its findings, including any legislative or regulatory recommendations, with the clerks of the house of representatives and the senate on or before October 1, 2007. The joint committee on financial services shall hold a public hearing on these recommendations on or before November 1, 2007.
 
 

 

Western Massachusetts Public Health Access Commission

SECTION 85.   There shall be a special commission to investigate and study the accessibility and quality of doctors who specialize in obstetric, gynecological and neurosurgical care of women in Berkshire, Franklin, Hampden and Hampshire counties. The commission shall consist of the commissioner of public health, who shall serve as chairperson, the executive director of the board of registration in medicine, the commissioner of insurance, the commissioner of MassHealth, 3 physicians to be appointed by the president of the Massachusetts Medical Society, 2 members to be appointed by the president of the senate, 1 member to be appointed by the minority leader of the senate, 2 members to be appointed by the speaker of the house of representatives and 1 member to be appointed by the minority leader of the house of representatives. The commission shall meet on or before October 1, 2007, and shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and house of representatives on or before December 1, 2007.
 
 

 

Electronic Health Records System Task Force

SECTION 86.   ** Item is being returned for amendment. Text of recommendations can be found in Attachment F.



(a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish an electronic health records system task force to provide a structure that enables the state to act in a leadership role in the development of state and federal standards for, and in the implementation and use of, an electronic health records system for children in foster care, individuals and dependents enrolled in the MassHealth and SCHIP programs, and individuals and dependents enrolled in commonwealth care or safety net care programs.



(b) The task force shall consist of not more than 9 members, appointed by the secretary of health and human services, who shall represent entities with expertise in developing or implementing electronic health records including, but not limited to, the United States Veterans Administration facilities in the commonwealth, multi-facility hospital systems in the commonwealth, the University of Massachusetts medical school, the e-Rx Collaborative, MA-SHARE, the Massachusetts Health Data Consortium, the Massachusetts e-Health Collaborative, and MassPro, the commonwealth's federally designated Quality Improvement Organization. The chief information officer for the executive office of health and human services shall serve as coordinator of the task force. 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, the commissioner of insurance, the commissioner of medical assistance, the commissioner of social services, the commissioner of health care finance and policy, the executive director of the Betsy Lehman Center for Patient Safety, and the executive director of the commonwealth connector shall serve as ex officio, nonvoting members of the task force.



(c) The task force shall: (1) develop an electronic health records system that provides linkages between multiple settings including, but not limited to, the MassHealth and SCHIP programs, programs administered by the commonwealth connector and programs serving children in foster care, that utilize health records and that is consistent with requirements for community health records and electronic prescribing; (2) evaluate the economic model and the anticipated benefits of electronic health records; and (3) provide quarterly updates to the governor and the chairs of the house and senate committees on ways and means and the chairs of the joint committee on health care financing regarding progress in the development of national standards and the work of the task force.

 
 

 

Special Commission on Recidivism Rates

SECTION 87.   There shall be a special commission to study the existing level of services offered by the department of correction, county jails and houses of correction, the potential benefit of additional services including, but not limited to, education, job skills training and housing and other ways to reduce recidivism rates. The commission shall consist of the house and senate chairs of the joint committee on public safety who shall serve as co-chairs, 4 persons to be appointed by the senate, 1 of whom shall be appointed by the minority leader, 4 persons to be appointed by the house, 1 of whom shall be appointed by the minority leader, the secretary of public safety or his designee, the secretary of health and human services or his designee; the secretary of labor or his designee; and 2 persons to be appointed by the governor who shall have experience in the area of re-entry services. The commission shall file its report, including any legislative or regulatory recommendations, with the clerks of the senate and the house of representatives not later than October 31, 2007.
 
 

 

Reduce Costs from Mailing Notices

SECTION 88.   Notwithstanding any general or special law to the contrary, the secretary of the executive office of administration and finance shall investigate ways to reduce administrative costs related to providing notice via first class mail to any person entitled to receive such notice pursuant to any general or special law. In conducting said investigation, the secretary shall consider the potential financial benefit to the commonwealth of allowing electronic notification in lieu of requiring notice only via first class mail and shall also consider alternative ways of notifying persons entitled to receive such notice pursuant to any general or special law who lack access to electronic communications equipment. The secretary shall report his findings and recommendations, including any proposed legislation, to the clerk of the senate, the clerk of the house of representatives and to the chairs of the house and senate committees on ways and means on or before December 31, 2007.
 
 

 

Chronic Kidney Disease Study

SECTION 89.   (a) There is hereby established a task force to make an investigation and comprehensive study of chronic kidney disease and its complications and how it affects the citizens of the commonwealth. The chronic kidney disease task force shall be comprised of 14 members, 1 of whom shall be the secretary of the executive office of health and human services, or his designee, who shall serve as chair; 1 of whom shall be the commissioner of the department of public health, or his designee; and the following 12 members who shall be appointed as follows: (i) The speaker of the house and senate president each shall appoint 3 physicians licensed to practice medicine in the commonwealth, 2 of whom shall be family practitioners, 2 of whom shall be nephrologists and 2 of whom shall be pathologists; (ii) the speaker of the house shall appoint 2 members who represent the state affiliate of the National Kidney Foundation, 1 of whom shall be an advocate on dialysis or a transplant recipient and 1 whom shall represent the Department of Nephrology at the University of Massachusetts Medical Center; (iii) the senate president shall appoint 1 member who shall represent a health care services plan provider and 1 member who shall represent the Massachusetts Association of Health Plans; (iv) the governor shall appoint 1 member who shall represent owners and operators of clinical laboratories in the commonwealth and 1 member who shall represent the Massachusetts Hospital Association.

(b) The duties of the chronic kidney disease task force shall include, but not be limited to: developing a plan to educate health care professionals about the advantages and methods of early screening, diagnosis and treatment of chronic kidney disease and its complications based on the K/DOQI Clinical Practice Guidelines for chronic kidney disease or other medically recognized clinical practice guidelines; developing a plan to educate health care professionals about the advantages of end stage renal disease (ESRD) modality education; and making recommendations on the implementation of a cost-effective plan for early screening, diagnosis and treatment of chronic kidney disease for the commonwealth's population.

(c) The chronic kidney disease task force shall submit a report to the house and senate chairs of the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means no later than June 30, 2008.
 
 

 

Expiration of Bay State Competitiveness Investment Fund

SECTION 90.   Sections 47 and 48 shall expire on June 30, 2008.
 
 

 

Transfer of the Health Safety Net Office to HCFP III

SECTION 91.   Sections 7, 15, 39, 41 and 45 shall take effect on October 1, 2007.
 
 

 

GPS Technical Change II

SECTION 92.   Section 30 shall take effect as of December 20, 2006.
 
 

 

Effective Date

SECTION 93.   Except as otherwise specified, this act shall take effect as of July 1, 2007.