This is not the official budget document.

General Appropriations Act FY2008

Office of the Comptroller
Data Current as of:  10/29/2007



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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.