SECTION 188.
There shall be a Distressed Community Provider Trust Fund, which shall be administered by the secretary of health and human services.
Notwithstanding any general or special law to the contrary, in fiscal year 2011, the comptroller shall transfer not less than $10,000,000 from the General Fund to the Distressed Community Provider Trust Fund for the purpose of making expenditures as described in this section. The secretary shall authorize expenditures from the fund, without further appropriation, to assist acute care hospitals, including disproportionate share hospitals, that are in extreme financial distress. The secretary shall consider applications from hospitals that meet any of the following criteria: (i) have an operating margin below the median operating margin of eligible disproportionate share hospitals in hospital fiscal years 2007, 2008 and 2009; (ii) have a total margin below zero for both hospital fiscal years 2008 and 2009; (iii) have an operating margin at or below the median of eligible disproportionate share hospitals in hospital fiscal year 2009; (iv) operate an American College of Surgeons-verified region 3 level 3 trauma center; (v) operate a hospital licensed by the department of public health as a chronic disease hospital providing services solely to children and adolescents or a chronic hospital with inpatient children and adolescent services; (vi) operate as both a disproportionate share hospital and a sole community hospital; or (vii) operate as a disproportionate share hospital with a psychiatric lockdown inpatient unit in region 5. The secretary shall structure expenditures under this section to maximize allowable federal reimbursement under Title XIX. Hospitals receiving funds under this section shall not be precluded from also receiving funds through grants or rates authorized under items 4000-0500 or 4000-0700 of section 2 and expended to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively. The secretary shall accept applications to receive funds up to January 1, 2011, and shall distribute those funds not later than March 31, 2011. The secretary shall file with the house and senate committees on ways and means a distribution plan for the funds, and the extent to which expenditures qualify for federal financial participation, on or before March 1, 2011. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the General Fund.
Veto Explanation:
I am vetoing this section because it does not allow for federal matching funds for this program. Funds are available for MassHealth to administer the program in a more appropriate and affordable manner.