Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2010

Governor's Budget Recommendation FY 2010

Outside Sections


Outside Sections    (view all)      (sections with summaries)

 

Shared Services for Executive Offices

SECTION 4.   Chapter 6A of the General Laws is hereby amended by inserting after section 7 the following section:-
Section 7A. Each secretary may, notwithstanding any general or special law to the contrary, identify administrative processing activities and functions common to the state agencies within the executive office and may designate such functions as core administrative processing functions. To improve administrative efficiency and preserve fiscal resources, the secretary may direct that core administrative processing functions be performed by the executive office or by one or more state agencies designated by the secretary to perform those functions. Common activities and functions that may be designated as core administrative processing functions include without limitation human resource functions including payroll processing; information technology services; leasing and facility management services; financial management services, such as budgeting, procurement, contract management, and accounts payable/receivable functions; and other administrative processing functions. Upon designation of a function as a core administrative processing function, the secretary may direct that employees of each state agency who perform those functions be transferred to the executive office or to any state agency designated by the secretary to perform core administrative processing functions. Nothing in this section shall waive the responsibility of each agency head to certify obligations and expenditures for appropriations and other legally available funds of the agency pursuant to section 3 of chapter 7A, the responsibilities of an agency head pursuant to state finance law including but not limited to sections 19, 20, 24, 26 and 27 of chapter 29, and the responsibility of an agency head to certify work by employees of the agency pursuant to section 31 of chapter 29. An agency head may not delegate agency head signature authorization to any individual who is not an employee of the agency. The executive office or any state agencies designated to perform core administrative processing functions may charge the state agencies that receive such services for the reasonable costs of providing the services. Any employee transfers that occur in connection with the consolidation of core administrative processing functions within the executive office or state agencies shall not: (a) impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 or has tenure in a position by reason of section 9A of chapter 30; or (b) impair or change an employee's status, rights, or benefits under chapter 150E.
 
 

Summary:
This section authorizes each cabinet secretary to consolidate the performance of core administrative functions within the secretariat and to charge the relevant agencies accordingly.

 

Accident Recovery by MassHealth and DTA

SECTION 5.   (A) Section 5G of chapter 18 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 3 and in line 9, the words "property damage," .

(B) Said section 5G of said chapter 18, as so appearing, is hereby further amended by inserting after the word "agency," in line 6, the following words:- risk retention group, captive insurer, third party administrator, self-insured.

(C) Said section 5G of said chapter 18, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
          When any claimant or the claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the department the total of all public financial assistance benefits provided by the department on or after the date of the loss to or on behalf of the claimant, the claimant's spouse or children, and any other individual the claimant is required by law to support; but if on the date of the loss the claimant was already eligible for public assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only any increase in financial assistance that occurred as a result of the accident, illness, injury, or other incident.

(D) Said section 5G of said chapter 18, as so appearing, is hereby further amended by striking out the words "and the division of medical assistance may also perfect their", in line 28, and inserting in place thereof the following words:- may also perfect its.

(E) Said section 5G of said chapter 18, as so appearing, is hereby further amended by striking out the fourth paragraph.

(F) The seventh paragraph of said section 5G of said chapter 18, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against any third party and to a claimant's claim for monies to the extent of assistance provided under chapter 118.

(G) Said section 5G of said chapter 18, as so appearing, is hereby further amended by striking out the word "chapters", in line 49, and inserting in place thereof the following word:- chapter.

(H) Said section 5G of said chapter 18, as so appearing, is hereby further amended by striking out, in lines 63 and 64, the words "and the division of medical assistance for use by the agencies".

(I) Section 22 of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in line 3 and in line 9, the words "property damage,".

(J) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by inserting after the word "agency," in line 6, the following words:- risk retention group, captive insurer, third party administrator, self insured.

(K) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following 3 paragraphs:-
          When any claimant or the claimant's heirs, estate, or legal representative receives payment from a liability or workers' compensation insurer or any other third party as a result of a loss, the claimant or the claimant's heirs, estate, or legal representative shall repay to the executive office of health and human services the total of medical assistance benefits provided from monies allocated in the payment, settlement or compromise of claim or action, court award or judgment for medical expenses. The executive office retains the right to dispute any allocation for medical damages that results in less than full recovery of medical assistance benefits paid and to have a hearing before a court of competent jurisdiction on the allocation of damages before or after disbursement of payment by the third party. The executive office shall not be precluded from enforcing its recovery rights from any payment, settlement, compromise, judgment or award that excludes the cost of medical assistance benefits paid. Notwithstanding this section or any other general or special law to the contrary, where a claimant received medical assistance through a managed care organization, the executive office may recover the amount the managed care organization paid for medical services provided.
          When any claimant or the claimant's heirs, estate, or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate, or legal representative shall repay to the division of health care finance and policy the costs attributable to services provided to the claimant that were paid by the Health Safety Net Fund, established under section 36 of chapter 118G.
          When any claimant or the claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate, or legal representative shall repay to the department of transitional assistance the total of all financial assistance benefits provided by the department on or after the date of the loss to or on behalf of the claimant, the claimant's spouse or children, and any other individual the claimant is required by law to support; but if on the date of the loss the claimant was already eligible for financial assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only the increase in financial assistance that occurred as a result of the accident, illness, injury, or other incident.

(L) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by inserting after the word "such," in line 27, the following word:- recoverable.

(M) The third paragraph of said section 22 of said chapter 118E, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Notwithstanding the foregoing, the department of transitional assistance, the executive office, and the division of health care finance and policy may also perfect their right to a lien against any monies which may come into possession of the claimant's attorney by giving notice to that attorney.

(N) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
          If the monies available for repayment are insufficient to satisfy in full any competing claims of the executive office, the division of health care finance and policy, and the department of transitional assistance, then each shall be entitled to its respective pro rata share of monies that are available.

(O) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-
          A claimant, or, if represented by counsel, the claimant's attorney shall, within 10 calendar days, notify the executive office in writing upon engagement in informal recovery activity, including but not limited to making any insurance claim or sending a demand letter, and upon commencement of a civil action or other proceeding to establish the liability of any third party or to collect monies payable under accident, liability, or health insurance, workers' compensation, or from any other third party or source. No settlement, compromise, judgment or award or any recovery in any claim or action shall be made final without first giving the executive office, the division of health care finance and policy, and the department of transitional assistance such written notice and a reasonable opportunity to intervene or otherwise perfect their rights of recovery.

(P) The seventh paragraph of said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against any third party and to a claimant's claim for monies to the extent of assistance or services provided under chapters 118, 118E, or 118G.

(Q) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by inserting after the word "assistance", in line 48, the following words:- or services.

(R) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 58, the word "division" and inserting in place thereof the following words:- executive office.

(S) Said section 22 of said chapter 118E, as so appearing, is hereby further amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:-
          Notwithstanding any general or special law or rule or regulation to the contrary, all third parties shall provide information requested by the executive office, the department of transitional assistance and the division of health care finance and policy for use by those agencies for the purpose of recovering payments for public assistance benefits or services under this section, section 5G of chapter 18, and section 39 of chapter 118G.
 
 

Summary:
The section broadens the definition of "third party" that may be liable to pay for a claimant's loss. It also authorizes EOHHS to recover amounts paid by managed care organizations for medical assistance and imposes liens on third party payments to recover amounts paid for health care services from the Health Safety Net Trust Fund. Finally, it clarifies the ability of DTA to recover from liable third parties state funds paid to program clients that have experienced an injury or illness.

 

Transfer Economic Stabilization Trust

SECTION 6.   (A) Section 8 of chapter 23D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the executive office of housing and economic development, but not subject to its jurisdiction, an economic stabilization trust which shall be administered by the secretary of housing and economic development.

(B) Section 9 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 2 to 4, the words "director of economic development and director of labor and workforce development" and inserting in place thereof the following words:- secretary of housing and economic development or his designee, the secretary of labor and workforce development or her designee.

(C) Said chapter 23D is hereby amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. The offices of the trust shall be located within the executive office of housing and economic development. The secretary of housing and economic development, in consultation with the trustees, shall appoint an executive director of the trust. The executive director shall serve as the chief executive, administrative and operational officer of the trust, shall attend meetings of the trust, and shall direct the resources and staff of the program to achieve the purposes of sections 8 to 16, inclusive.

(D) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, functions, proceedings, rules and regulations, property, and legal obligations of the economic stabilization trust from the Commonwealth Corporation to the executive office of housing and economic development. The economic stabilization trust, which under section 64 of chapter 365 of the acts of 1996, as amended by sections 6, 7, and 9 of chapter 352 of the acts of 2004, was transferred to the Commonwealth Corporation, is hereby transferred to the executive office of housing and economic development. The trust shall continue as a quasi-public instrumentality of the commonwealth, with all the legal powers, authority, responsibilities, duties, rights, and obligations vested in the trust by sections 8 to 16, inclusive, of chapter 23D of the General Laws.
 
 

Summary:
This section transfers the Economic Stabilization Trust from under the Executive Office of Labor and Workforce Development to the Executive Office of Housing and Economic Development.

 

Gas and Electric Utility Assessment Increase

SECTION 7.   Section 11H of chapter 25A of the General Laws is hereby amended by striking out, in lines 21 and 23, as appearing in the 2006 Official Edition, the words "0.75 per cent" and inserting in place thereof the following words:- 3.75 per cent.
 
 

Summary:
This section increases the assessments on gas and electric utilities to fund the Department of Energy Resources.

 

Capital Gains Revenue Holding Fund

SECTION 8.   (A) Chapter 29 of the General Laws is hereby amended by inserting after section 2YYY, inserted by section 5 of chapter 304 of the acts of 2008, the following section:-
          Section 2ZZZ. There shall be established upon the books of the commonwealth a separate fund to be known as the Capital Gains Revenue Holding Fund, in this section called the fund. Upon the periodic certification by the commissioner of revenue during a fiscal year, as provided in section 5B, of the tax revenues estimated to be collected during the preceding interim period from capital gain income, the comptroller shall transfer from the General Fund to the fund the amount, if any, by which the commissioner's estimate exceeds the consensus tax revenue estimate from capital gain income determined under said section 5B and allocable to that interim period, but the transfer shall occur only if the total state tax revenues received as of that date equal or exceed the consensus tax revenue forecast determined under section 5B through that date. Upon any periodic certification by the commissioner of estimated tax revenue collected during the preceding interim period from capital gain income in an amount below the consensus tax revenue estimate from such income for the interim period, the comptroller shall transfer the difference in such amounts from the fund, to the extent of any balance in the fund, to the General Fund. Following the commissioner's certification of estimated tax revenues from capital gain income in the final interim period of a fiscal year and any associated transfers to or from the General Fund as provided in this section, the comptroller shall transfer any remaining balances in the fund to the Commonwealth Stabilization Fund established by section 2H.

(B) Section 5B of said chapter 29 is hereby amended by striking out the last paragraph, as appearing in the 2006 Official Edition, and inserting in place thereof the following paragraph:-
          On or before January 15, the secretary of administration and finance shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the secretary and those committees; but in the first year of the term of office of a governor who has not served in the preceding year, they shall agree to the consensus tax revenue forecast not later than January 31. In developing the consensus tax revenue forecast, the secretary and the committees, or subcommittees of the committees, may hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts. The consensus tax revenue estimate shall be net of the amount necessary to transfer, from the General Fund to the commonwealth's Pension Liability Fund, to fully fund the system according to the schedule established pursuant to paragraph (1) of section 22C of chapter 32. The commissioner of revenue shall recommend and the secretary and the committees shall agree upon a maximum amount of taxes to be included in the consensus tax revenue estimate from capital gain income, as defined under chapter 62, taking into account (1) the commissioner's projection of capital gains revenue for the fiscal year; (2) longer-term trends in capital gain and loss realizations and revenue collections; and (3) principles of prudent budgeting necessary to modulate year-to-year impact of this fluctuating revenue source. The department of revenue shall report on or before January 31, May 31, June 30, and September 30 with respect to the estimated capital gains revenue received through the end of the prior month but, in the case of the May 31 report, with respect to estimated capital gains revenue received in the prior tax year, to the house and senate committees on ways and means, the joint committee on revenue, the secretary and the comptroller. The consensus tax revenue forecast, including the consensus tax revenue estimate from capital gain income as determined above, shall be included in a joint resolution and placed before the members of the general court for their consideration. This joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation for the ensuing fiscal year.

(C) Section 5C of said chapter 29 is hereby amended by inserting after the word "and", in line 7, the following words:- , if no transfer to the Commonwealth Stabilization Fund has been made under section 2ZZZ for that fiscal year,.

(D) Section 6A of chapter 62F of the General Laws is hereby repealed.
 
 

Summary:
This section requires the annual consensus revenue forecast to include a maximum available amount of capital gains income tax revenue. When capital gains income tax revenue exceeds this maximum, according to quarterly estimates by the Department of Revenue, the excess will be transferred to a new Capital Gains Revenue Holding Fund and then annually to the Commonwealth Stabilization Fund. For fiscal years in which such excess funds are transferred to the Stabilization Fund, no automatic transfer to that Fund of other tax revenue will be made.

 

Funding Unfunded Liability for Retiree Health and Other Benefits

SECTION 9.   (A) Section 5C of chapter 29 of the General Laws is hereby amended by striking out clause (c), as appearing in the 2006 Official Edition, and inserting in place thereof the following clause:-
          (b) of the remaining amount of the consolidated net surplus after amounts made available in clause (a), half shall be transferred to the State Retiree Benefits Trust Fund, and half shall be transferred to the Commonwealth Stabilization Fund; and.

(B) Section 24 of chapter 32A of the General Laws, inserted by section 8 of chapter 61 of the acts of 2007, is hereby amended by inserting after subsection (b) the following subsection:-
          (b 1/2) Notwithstanding chapter 29D or any other general or special law to the contrary, 90 per cent of the monies received in any fiscal year as a result of any claim or action undertaken by the attorney general against a manufacturer of cigarettes to recover the amount of medical assistance provided pursuant to chapter 118E or any other claim or action undertaken by the attorney general against a manufacturer of cigarettes including, but not limited to, the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et al., Middlesex Superior Court, No. 95-7378, shall be deposited in the fund. The remaining 10 per cent of these monies shall be deposited in the General Fund, to be used subject to appropriation for tobacco control and other health care programs.

(C) Said section 24 of said chapter 32A, as so inserted, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
          (d) Upon authorization by the board, any other political subdivision, authority, board or instrumentality 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. The trustees of the fund shall adopt regulations for participation in the fund after consulting the public employee retirement administration commission.

(D) Said chapter 32A is hereby further amended by adding the following section:-
          Section 25. (a) In each fiscal year the comptroller, without further appropriation, shall transfer, in addition to the amounts required by subsection (b 1/2) of section 24, an additional amount from the General Fund to the State Retiree Benefits Trust Fund necessary to fully fund the system as determined by the schedule set forth in this section. The comptroller may make such transfer in increments during the fiscal year as he considers appropriate to meet the cash flow needs of the commonwealth. The secretary of administration and finance shall file the first such funding schedule not later than March 1, 2010 and shall file subsequent schedules triennially on or before January 15. The secretary shall establish the funding schedule and update it from time to time after reviewing the periodic actuarial valuation reports required by subsection (g) of section 24, and shall notify the house and senate committees on ways and means regarding the actuarial, economic, and demographic assumptions upon which the actuarial valuation reports and such other reports are based, and the manner and methodology used in the development of the actuarial reports and recommendations. The secretary shall establish the schedule such that the increase in the amortization component of the appropriations or transfers required by this section from year to year shall not exceed the increase in the commonwealth's payroll expense and benefits for the prior fiscal year or 4.5 percent, whichever is greater. The transfers form the General Fund required by this subsection shall not be made until the unfunded pension liability is reduced to zero in accordance with the second paragraph of section 22C of chapter 32.
          (b) The secretary shall design this funding schedule, and any updates, to reduce the unfunded actuarial liability attributable to the commonwealth's post-employment benefits to zero as of June 30, 2038, to meet the normal cost of all future benefits for which the commonwealth is obligated, and to meet any other component of the commonwealth's post employment benefits liability, as defined in subsection (g) of section 24. Updates of the funding schedule required by changes in the projected unfunded actuarial liability as determined by any periodic actuarial valuation report pursuant to this section, may reflect the further amortization time periods authorized by said subsection (g).

(E) Notwithstanding subsection (b 1/2) of section 24 of chapter 32A of the General Laws, inserted by subsection (B), for fiscal years 2010 to 2013, inclusive, of the 90 per cent of the monies received in that fiscal year as a result of any claim or action undertaken by the attorney general against a manufacturer of cigarettes to recover the amount of medical assistance provided pursuant to chapter 118E or any other claim or action undertaken by the attorney general against a manufacturer of cigarettes including, but not limited to, the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et al., Middlesex Superior Court, No. 95-7378, the following portions shall not be deposited in the State Retiree Benefits Trust Fund but rather shall be deposited in the General Fund:
          (a) for fiscal year 2010, all of the 90 per cent of those monies;
          (b) for fiscal year 2011, 3/4 of the 90 per cent of those monies;
          (c) for fiscal year 2012, half of the 90 per cent of those monies;
          (d) for fiscal year 2013, 1/4 of the 90 per cent of those monies.
          In each such fiscal year, the remainder of the 90 per cent of those monies shall be deposited in the State Retiree Benefits Trust Fund.

(F) Notwithstanding any general or special law to the contrary, during fiscal year 2010, the comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of administration and finance, transfer $394,320,000 from the General Fund to the State Retiree Benefits Trust Fund.

(G) There shall be a special commission to study further changes to health care benefits provided to employees and retirees of the commonwealth, its political subdivisions, authorities, boards and instrumentalities.The commission shall consist of the trustees of the State Retiree Benefit Trust Fund, the chairs of the joint committee on public service, the chairs of the house and senate committees on ways and means, the house and senate minority leaders, the personnel administrator, the director of the office of employee relations, the executive director of the Massachusetts Municipal Association and the president of the Massachusetts AFL-CIO or their designees. The commission shall take into account fiscal sustainability, benefit changes, eligibility, structure of benefits, contribution changes and other items that address employee and retiree needs and fiscal impact. The comprehensive evaluation of total compensation for state employees shall also at least review salaries, health care benefits, sick time, vacation, holidays, life insurance, dental and vision benefits, short and long-term disability, workers compensation. The commission shall explore further funding options, including but not limited to consolidation of non-commonwealth systems of retiree health care funding under the State Retiree Benefits Trust Fund, establishment of health savings and health retirement accounts, and establishment of a voluntary employee benefits association. The commission shall study existing pension benefits as they relate to federal Social Security Administration benefits and the structure and stability of that system. The commission shall analyze contribution levels, vesting periods, eligibility criteria related to the age of the retirees. The commission shall study salary levels for public employees, particularly a comparison between public service and private sector hourly wages and benefits for similar job responsibilities. The commission shall engage professional advisors as needed to accomplish its purposes. The commission shall file its report with the clerks of the senate and house of representatives, including any recommendations for legislation, not later than December 1, 2009.
 
 

Summary:
This section: * requires a funding schedule for the Commonwealth's unfunded liability for state retiree health and other benefits (OPEB); * phases in the use of tobacco settlement proceeds and half of the consolidated net surplus, beginning as soon as fiscal year 2011, to pay for this funding; * allows municipalities, authorities and other state instrumentalities to join the state program; * transfers $394,320,000 from the General Fund to the State Retiree Benefits Trust Fund, in order to support retiree health care benefits in this fiscal year; * establishes a special commission to recommend further changes in retiree health benefits.

 

No Lobbyists for State Entities

SECTION 10.   Chapter 29 of the General Laws is hereby amended by inserting after section 30 the following section:-
          Section 30A. Except for its full-time employee, a state agency or state authority shall not use public funds to pay for an executive or legislative agent, as defined in section 39 of chapter 3, notwithstanding section 50 of chapter 3.
 
 

Summary:
This section prohibits state agencies and authorities from paying lobbyists with public funds.

 

Pension Funding Triennial Schedule

SECTION 11.   Subdivision (1) of section 22C of chapter 32 of the General Laws is hereby amended by striking out the last paragraph, as appearing in the 2006 Official Edition, and inserting in place thereof the following paragraph:-
          Notwithstanding any general or special law to the contrary, appropriations or transfers made to the commonwealth's pension liability fund in fiscal years 2009 to 2011, inclusive, shall be made in accordance with the following funding schedule: $1,314,396,000 in fiscal year 2009, $1,376,619,000 in fiscal year 2010, and $1,441,811 in fiscal year 2011.
 
 

Summary:
This section codifies a schedule for transfers in fiscal years 2009, 2010 and 2011, to fund the state pension system's unfunded liability.

 

Transparency of Tax Credit Results

SECTION 12.   (A) Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Building contractor" the following 2 definitions:-
          "Administering agency head", the agency head responsible for administering the applicable state tax credit program.
          "Average salary", the total Massachusetts gross salary of a group of Massachusetts employees divided by the number of Massachusetts employees in the group.

(B) Said section 1 of chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Commissioner" the following definition:-
          "Full-time employee", a person employed in the commonwealth for 35 hours or more per week.

(C) Said section 1 of chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Materialman" the following definition:-
          "Part-time employee", a person employed in the commonwealth.

(D) Said section 1 of chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Show" the following definition:-
          "Tax credit program", one of the following credits against the state income tax to stimulate economic development and other policy goals: the brownfields tax credit in section 38Q of chapter 63 and subsection (j) of section 6 of chapter 62; the dairy farmer tax credit in section 38Z of chapter 63 and subsection (o) of section 6 of chapter 62; the FDA user fees credit in section 31M of chapter 63 and subsection (n) of section 6 of chapter 62; the film tax credit in subsection (b) of section 38X of chapter 63 and subsection (l) of section 6 of chapter 62; the historic rehabilitation tax credit in section 38R of chapter 63 and section 6J of chapter 62; the life sciences investment tax credit in section 38U of chapter 63 and subsection (m) of section 6 of chapter 62; the low-income housing tax credit in section 31H of chapter 63 and section 6I of chapter 62; the medical device tax credit in section 31L of chapter 63 and section 6 1/2 of chapter 62; and the refundable research credit in subsection (j) of section 38M of chapter 63.

(E) Subsection (b) of section 21 of said chapter 62C, as so appearing, is hereby amended by adding the following clause:-
          (24) the disclosure of information necessary to comply with the reporting requirements of section 88.

(F) Said chapter 62C is hereby further amended by adding the following section:-
          Section 88. (a)(1) On or before March 1 of every year, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year, in this section called the report, which shall be a public record.
          (2) The report shall contain the following information:
          (i) the identity of each taxpayer authorized by the administering agency head to receive a tax credit;
          (ii) the amount of tax credit award and issued tax credit for each taxpayer and each project, if applicable; and
          (iii) the date of the tax credit award or issued tax credit for each taxpayer and each project.
          (3) The report shall contain an analysis of the impact of the tax credit on preserving and promoting the relevant industry in the commonwealth and employment in the relevant industry, including but not limited to, an analysis of the relevant industry's output, where applicable, and employment retained or increased in the relevant industry in the commonwealth for the calendar year, and other benefits relevant to the specific goals of the tax credit program, and other information that the commissioner may require.
          (4) The report shall additionally include the following information relevant to the following specific tax credit programs:
          (i) for the brownfields tax credit, an analysis of the impact of the brownfields tax credit program on the cleanup and development of contaminated properties:
          (ii) for the dairy farmer tax credit, an analysis of the impact of the dairy farmer tax credit on preserving dairy farms and dairy farm employment in the commonwealth, including but not limited to an analysis of the dairy product output, and the number, size in acreage and location of diary farms receiving a dairy farm credit;
          (iii) for the FDA user fees credit, life sciences investment tax credit, and the refundable research credit, an analysis of the impact of the program on preserving and increasing economic development and infrastructure in the commonwealth for the calendar year;
          (iv) for the film tax credit, an analysis of the impact of the film tax credit program on preserving or increasing film industry jobs in the commonwealth and other benefits of the program;
          (v) for the historic rehabilitation tax credit, an analysis of the impact of the program on preserving historic structures in the commonwealth and other benefits of the program, including but not limited to the employment created for the calendar year;
          (vi) for the low-income housing tax credit, an analysis of the impact of the program on preserving or increasing low-income housing in the commonwealth and other benefits of the program, including but not limited to, the number of low-income housing units placed in service for the calendar year; and
          (vii) for the medical device tax credit, an analysis of the impact of the medical device tax credit program on preserving or increasing medical device industry jobs in the commonwealth and other benefits of the program.
          (b)(1) On or before February 15 of every year, each taxpayer receiving an authorized tax credit from the administering agency head in the previous calendar year shall submit a statement of jobs to, on a form provided by, the administering agency head containing the following information:
          (i) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit;
          (ii) the average salary of the full-time employees identified in clause (i) of paragraph (2) of subsection (a);
          (iii) the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on the date the administering agency head authorized the tax credit and the number of part-time employees, identifying the part-time employees as either equal to or less than 20 hours per week employees or less than 35 hours but more than 20 hours per week employees, working for the taxpayer on December 31 of the calendar year the administering agency head authorized the tax credit, related to the taxpayer's project identified in clause (i) of paragraph (2) of subsection (a);
          (iv) the average salary of the equal to or less than 20 hours per week employees and the average salary of the less than 35 hours but more than 20 hours per week employees identified in clause (iii);
          (v) the number or full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit and the number of full-time employees working for the taxpayer on December 31 of the calendar year the administering agency head authorized the tax credit;
          (vi) the average salary of the full-time employees identified in clause (v);
          (vii) the average salary of the equal to or less than 20 hours per week employees and the average salary of the less than 35 hours but more than 20 hours per week employees identified in clause (iii): and
          (viii) other information required by the administering agency head, to assist the agency head in assessing the impact of the tax credit program on the commonwealth and employment in the relevant industry, and otherwise in meeting the goals of the relevant tax credit program.
          (2) On or before March 1 of every year, the administering agency head shall submit to the commissioner, in a form prescribed by the commissioner, copies of the taxpayer job statements required by paragraph (1), with the report required by subsection (a). The commissioner shall provide this information on a government internet website for public disclosure.
 
 

Summary:
This section requires public disclosure of the results of refundable or transferable tax credit programs, including the number of jobs created, by taxpayers who receive the credits and by state agencies that administer the programs.

 

Expedite Payment of Disputed Taxes

SECTION 13.   Paragraph (3) of subsection (e) of section 32 of chapter 62C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- For purposes of this paragraph, the date of a decision by the appellate tax board shall be determined without reference to any later issuance of finding of facts and report by the board or to any request therefor.
 
 

Summary:
This section clarifies that payments must be made in Appellate Tax Board cases after the Board issues its one-line decision and before a requested finding of fact and report is issued. This expedites the process of collecting taxes owed to the Commonwealth.

 

RMV Services through Third Parties

SECTION 14.   Chapter 90 of the General Laws is hereby amended by inserting after section 30A the following section:-
          Section 30A 1/2. Notwithstanding section 30A or any other general or special law to the contrary, the registrar may, in the interest of seeking cost efficiencies, avoiding disruptions and continuing to provide registry services for residents of the commonwealth, enter into agreements with third-party entities based in the commonwealth, to perform functions on behalf of the registry of motor vehicles. The registrar shall enter into agreements only with an existing entity that provides automobile-related services to the general public, or to its own members if an automobile-related association, and that maintains business offices that are open to the public during hours and at locations believed to be convenient for registry customers and in areas where a continuing need exists to provide registry services. The registrar may provide necessary inventories, equipment, electronic connections and training in regard to such agreements to provide for the provision of registry-related services by the third party. The registrar may help to defray the expenses of a the third-party as part of the agreement if necessary to provide such services, but only if the overall effect of such agreement results in cost efficiencies to the registry. The registrar shall not enter an agreement that results in the loss of employment with the commonwealth of any person who was performing services related to the agreement as a registry employee within the 30 days before the effective date of the agreement. The registrar shall on an annual basis, or more frequently if required by the agreement, review the third-party's most recent performance under the agreement and if the cost efficiencies and other purposes for which the agreement has been entered into are not being realized, she may terminate the agreement and recover all inventories, equipment, monies due and other items provided to the third-party. An agreement may be amended from time to time. All employees of a third party performing registry-related functions or having access to registry data or equipment shall be subject to all state and federal laws and regulations governing the protection of personal information. Fees collected by the third party on behalf of the registrar shall be deposited in the treasury of the commonwealth under section 34. An agreement shall ensure that the third party's performance of registry-related functions is subject to periodic audits by registry staff and the state auditor.
 
 

Summary:
This section authorizes the Registry of Motor Vehicles to enter into agreements with third parties like AAA to provide license and registration renewals and other appropriate Registry services.

 

Expand Bottle Bill

SECTION 15.   Section 321 of chapter 94 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the definitions of "Beverage" and "Beverage container" and inserting in place thereof the following 2 definitions:--
          "Beverage", soda water or similar carbonated soft drinks; beer and other malt beverages; non-carbonated soft drinks including but not limited to mineral water, flavored and unflavored water, spring water, fruit drinks, juice, sports drinks and other water beverages, coffee and coffee-based drinks; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption except milk and beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines; but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138 or wine.
          "Beverage container", any sealable bottle, can, jar or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage, including containers of two gallons capacity or less for carbonated and malt beverages and less than one gallon for noncarbonated beverages. This definition shall not include containers made of biodegradable material.
 
 

Summary:
This section expands the state's bottle deposit law to include containers for non-carbonated drinks like water, juices, coffee-based drinks and sport drinks.

 

Non-payment for Health-care Associated Infections

SECTION 16.   (A) The definition of "Facility" in subsection (a) of section 51H of chapter 111 of the General Laws, inserted by section 9 of chapter 305 of the acts of 2008, is hereby amended by striking out the figure "25" and inserting in place thereof the following figure:- 25B.

(B) Said section 51H of said chapter 111 , as so inserted, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
          (d) The department shall adopt regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of the occurrence of a health-care associated infection or serious reportable event. A health care facility shall not charge or seek reimbursement for a health-care associated infection or serious reportable event that the facility has determined, through a documented review process, and under regulations adopted by the department, was (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider's policies and procedures.

(C) Said section 51H of said chapter 111, as amended by section 65 of chapter 451 of the acts of 2008, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
          (d) The department shall adopt regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of the occurrence of a health-care associated infection or serious reportable event. A health care facility shall not charge or seek reimbursement for a health-care associated infection or serious reportable event that the facility has determined, through a documented review process, and under regulations adopted by the department, was (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider's policies and procedures.

(D) Subsection (C) shall take effect on October 1, 2012.
 
 

Summary:
This section requires that the Department of Public Health regulations, already required to prohibit health care facilities from seeking reimbursement for serious reportable events, also prohibit reimbursement for health care associated infections.

 

Children's Medical Security Plan

SECTION 17.   Section 10F of chapter 118E of the General Laws is hereby amended by striking out subsections (a) and (b), as appearing in the 2006 Official Edition, and inserting in place thereof the following 2 subsections:-
          (a) There shall be a program to provide primary and preventive health care services for uninsured dependent and adopted youths from birth through age 18, in this section called the program; but only those youths who are ineligible for medical benefits pursuant to this chapter shall be eligible for the services defined in this section. The secretary of health and human services shall administer the program, subject to appropriation. The covered services available from the program shall be set forth in regulations of the executive office of health and human services as the secretary determines is appropriate, but at a minimum shall include the following:-
          (1) preventive pediatric health care visits and well-child visits, including immunizations and screening tests;
          (2) primary care health care services customarily furnished by or through a general practitioner, family physician, internal medicine physician, obstetrician/gynecologist, pediatrician, independent nurse practitioner, to the extent the furnishing of those services is legally authorized in the commonwealth, but primary care shall not include emergency or
poststabilization services provided in a hospital or other setting;
          (3) unlimited sick visits in a primary care provider's office.
          (b) Additional services under the program shall include the following, but coverage for specific services within each category and the benefit limitations shall be at the secretary's discretion:
          (1) dental health care, including preventive dental care; but no funds shall be expended for cosmetic or surgical dentistry;
          (2) prescription drugs;
          (3) behavioral health.
 
 

Summary:
This section revises the requirements for the Children's Medical Security Plan to allow MassHealth to have the capability of processing claims within the Medicaid Management Information System. In addition, this section will provide flexibility in designing the benefits so that the future benefit design can be evaluated in the context of MassHealth benefits and the needs of the population.

 

MassHealth - Recovery of Pharmacy Clawback Payments

SECTION 18.   (A) Subsection (b) of section 31 of chapter 118E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
          Any recovery under subsections (a), (b), or (b 1/2) may be made only after the death of the surviving spouse, if any, and only at a time when that spouse has no surviving child who is under age 21 or is blind or permanently and totally disabled. The division shall waive recovery if such recovery would work an undue hardship, as defined by the division in its regulations. If insufficient estate assets are available to repay the full amount due, any amounts recovered shall first be applied to the amount due under subsection (b 1/2).

(B) Said section 31 of said chapter 118E, as so appearing, is hereby further amended by inserting after said subsection (b) the following subsection: --
          (b 1/2) This subsection shall apply to estates of individuals dying on or after July 1, 2009. An estate of an individual who was a "full benefit dual eligible", as defined under 42 U.S.C. section1396u-5, shall be responsible for repaying the state Medicaid program contributions the state made to the secretary of the federal Department of Health and Human Services for the federal assumption of prescription costs for such dual eligible under 42 U.S.C. section1396u-5(c).

(C) The first paragraph of subsection (d) of said section 31 of said chapter 118E, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- If the individual at any time or after July 1, 2009, was a "full benefit dual eligible", as defined under 42 U.S.C. section1396u-5, the amount due shall also include contributions the state Medicaid program made to the secretary of the federal Department of Health and Human Services for the federal assumption of prescription costs for such dual eligible under 42 U.S.C. section1396u-5(c). If insufficient assets exist from the proceeds from the sale to repay both the amount of assistance provided and payments for the federal assumption of prescription costs, any amounts recovered shall first be applied to payments for the federal assumption of prescription costs.
 
 

Summary:
This section authorizes MassHealth to recover pharmacy payments from estates, in addition to its current authority to recover MassHealth payments.

 

Health Safety Net Third Party Liability

SECTION 19.   Paragraph (2) of subsection (a) of section 39 of chapter 118G of the General Laws, inserted by secrtion 15 of chapter 61 of the acts of 2007, is hereby amended by inserting after the first sentence the following 2 sentences:- The office may recover from a third party that is financially responsible the costs attributable to services provided to an individual that were paid by the fund. A payment from the fund for such services shall be recoverable from the third party, and that payment shall, after notice to the third party, operate as a lien under section 22 of chapter 118E.
 
 

Summary:
This section allows the Health Safety Net Office to collect money from insurers for their covered patients who received services rendered by the safety net .

 

Allow Release of Inmates for Medical Reasons

SECTION 20.   Chapter 127 of the General Laws is hereby amended by inserting after section 119 the following section:-

Section 119A. (a) Whenever the physician of a state correctional facility certifies that a prisoner held therein is suffering from an irreversible or terminal medical condition, disease or syndrome, whether due to advanced age or otherwise, and is so debilitated or physically incapacitated that the prisoner is incapable of presenting a threat to himself or others to a reasonable degree of medical certainty, the commissioner may grant the prisoner a medical release upon the commissioner's determination that if the prisoner is released, he will live and remain at liberty without violating the law and his release will not be incompatible with the welfare of society. The commissioner shall facilitate appropriate community placement for prisoners granted a medical release.
(b) An offender sentenced to life imprisonment without the possibility of release or parole, or a sexually dangerous person as defined in section 1 of chapter 123A, shall not be eligible for medical release. No person convicted of a sexual offense as defined in said section 1 shall be eligible for medical release, except with the concurrence of the chairman of the parole board.
(c) The authority to grant a medical release rests solely within the discretion of the commissioner. No prisoner has the right to medical release or to a medical evaluation to determine eligibility for such release. The commissioner shall adopt policies and procedures necessary to implement the medical release of prisoners.
          (d) Except as otherwise provided in this section, a person granted a medical release shall be subject to the laws governing parole as if such person were a parolee. The parole board shall impose terms and conditions for such release within 30 days before the commencement of the release. The parole board may revise, alter or amend such terms and conditions at any time.
          (e) A person granted medical release under this section shall be under the jurisdiction, supervision and control of the parole board in the same manner as a person under parole supervision. The parole board may establish conditions of release, on an individual basis, to ensure public safety. A person granted medical release who violates a condition of parole supervision shall be subject to section 149.
          (f) Notwithstanding any general law or special law to the contrary, no physician or employer of a physician providing a medical diagnosis pursuant to this section shall be held liable, either as an institution or personally, for issuance of a medical diagnosis under this section, if the diagnosis was made in good faith. All such parties, if they have operated in good faith, shall be total immune from civil or criminal liability as a result of fulfilling this section.
 
 

Summary:
This section allows release of certain inmates for medical reasons, only if certified to be so incapacitated as not to be a threat to themselves or others.

 

Eliminate Saturday Inmate Releases

SECTION 21.   Section 150 of said chapter 127, as appearing in the 2006 Official Edition, is hereby amended by inserting after the words "expires on", in line 1, the following word:- Saturday,.
 
 

Summary:
This section adds Saturdays to the days (currently Sundays and legal holidays) on which prisoners are not to be released, to save administrative costs. They will be released on the previous day.

 

Home Improvement Contractor Fees

SECTION 22.   The first paragraph of section 11 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out the second and third sentences.
 
 

Summary:
This section includes construction supervisors and motor vehicle repair shops in the home improvement contractors who must pay registration fees under present law.

 

Recovering Abandoned Property of Deceased MassHealth Members

SECTION 23.   Section 10 of chapter 200A of the General Laws, as so appearing, is hereby amended by adding the following subsection:
          (j) Upon request by the executive office of health and human services, not more than once each quarter, the state treasurer shall review information made available by the executive office to determine if a person who has received medical assistance benefits under chapter 118E has an interest in property reported to the state treasurer in accordance with this chapter, and inform the executive office of the treasurer's findings. Further, notwithstanding any special or general law to the contrary, with respect to any person who has been deceased for at least 3 years with no fiduciary appointed to administer that deceased person's estate, and who is found to have property solely in that deceased person's name that would be subject to a claim by the executive office under sections 31 and 32 of chapter 118E, the executive office may present a statement to the state treasurer of the amount due to the executive office, a copy of the death certificate for that person, and other claims documents that the treasurer's office may require. Upon that presentment, the state treasurer shall release that property or the portion of that property necessary to satisfy the claim by the executive office. Presentment under this subsection shall not take priority over any claim of the department of revenue under subsection (i), or over any claim presented by a duly appointed estate representative. If the treasurer makes payment to the executive office under this subsection, the treasurer shall be discharged from any obligation or liability arising from the payment. Information provided by the executive office to the treasurer under this subsection may be used only for the purpose described in this subsection. If a fiduciary is appointed after the executive office has received payment of funds from the treasurer's office under this subsection, and the fiduciary notifies the executive office of the appointment, the executive office shall release to the fiduciary all of the funds received from the treasurer's office. The executive office may then present its claim for reimbursement under section 32 of chapter 118E.
 
 

Summary:
This section allows MassHealth to recover abandoned property, which are now subject to an estate recovery claim, directly from the State Treasurer.

 

Require CPCS Private Counsel to Submit Bills Within 90 Days

SECTION 24.   Section 12 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out the fourth, fifth and sixth sentences and inserting in place thereof the following 2 sentences:- Bills shall be submitted to the committee within 90 days after the conclusion of a case; but if the case is pending at the end of the fiscal year, within 90 days after the end of the fiscal year. Bills submitted after that date shall not be processed for payment; but the chief counsel may authorize the payment of such bills either in whole or in part, upon a determination that the delay in submission was due to extraordinary circumstances beyond the control of the attorney.
 
 

Summary:
This section requires private counsel providing representation to indigent defendants to submit bills within 90 days after a case ends or after the end of a fiscal year.

 

Temporarily Closing Court Divisions

SECTION 25.   (a) Notwithstanding sections 1 and 57 of chapter 218 of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may temporarily transfer the jurisdiction of a division of the district court department or of the Boston municipal court department to another division of that department. Any permanent amendment to such jurisdiction shall require the amendment of the applicable General Laws.
          (b) Notwithstanding any general or special law to the contrary, if any division of a trial court department is closed, the chief justice for administration and management may reassign the clerk or clerk-magistrate appointed to that division to the division that assumes the jurisdiction of the closing division or to any other division of the clerk's or clerk-magistrate's department.
 
 

Summary:
This section allows the Chief Justice for Administration and Management to transfer a District or Boston Municipal Court division's jurisdiction to another division of the same department, and to transfer the affected clerk to another division of the same department.

 

Trial Court Transferability

SECTION 26.   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, 2010, transfer funds from any item of appropriation within the trial court to any other item of appropriation within the trial court. 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.
 
 

Summary:
This section allows the Chief Justice for Administration and Management to transfer funds from any line item within the Trial Court to any other item in the Trial Court.

 

Inspector General's Health Safety Net Audit Unit

SECTION 27.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2010, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund for the costs associated with maintaining a pool audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals in the commonwealth 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, 2010. For the purposes of these audits, allowable free care services shall be defined pursuant to chapter 118G of the General Laws and any regulations adopted under that chapter.
 
 

Summary:
This section allows the Inspector General's Office to continue to audit the Health Safety Net Trust Fund.

 

Emergency Spending Authority

SECTION 28.   Chapter 29 of the General Laws is hereby amended by adding the following section:-
Section 72. (a) In addition to other emergency powers allowed by law, the governor may declare a state of emergency whenever a catastrophic event, natural disaster, pandemic outbreak, terrorist threat or other occurrence or imminent danger threatens the health, safety or welfare of the people, or the fiscal or economic stability of the commonwealth. In such an emergency, the governor may direct any agency, authority, or political subdivision of the commonwealth to take appropriate action to eliminate the immediate threat or danger and to aid its citizens, including but not limited to temporary re-deployment of personnel, contractors or other resources. Upon notice in writing of the declaration of emergency to the comptroller and the clerks of the senate and the house of representative, there shall be appropriated an amount requested by the governor not to exceed $25,000,000 from the Commonwealth Stabilization Fund, and the comptroller shall transfer that amount into a separate emergency account for the costs incurred under this section.
(b) Agencies, authorities and political subdivisions directed by the governor to act under this section need not comply with procurement and personnel restrictions for obligations incurred in performance of directives under this section for the period of the emergency, but shall consult with the operational services division to use, to the greatest extent possible, existing state contractors and certified small, minority or women-owned businesses, to provide necessary goods or services under this section to obtain the most cost effective prices and quality services available. The comptroller may take whatever actions are necessary to enable obligations and payments under this section, shall advise agencies about the most efficient payment processes, including electronic payment options, and shall direct agencies in the proper accounting for all encumbrances and payments under this section in the state accounting system. Expenditures may be charged to other items of appropriation and to other subsidiaries as directed by the secretary of administration and finance in consultation with the comptroller. Every 60 days after an emergency is declared under this section, and until the governor declares that the emergency has terminated, the governor shall report in writing the specific amounts and purposes of expenditures under this section to the house and senate committees on ways and means.
(c) Any funds remaining in the emergency account at the conclusion of the fiscal year in which the emergency arises shall not revert at the end of the fiscal year, unless the emergency has terminated, but shall remain available for expenditure without further appropriation until the emergency ceases and all payments for all costs incurred under this section, at which time any remaining funds shall be transferred to the Commonwealth Stabilization Fund.
 
 

Summary:
This section authorizes the Governor to expend funds up to $25 million, without further appropriation, in the event of a declared emergency.

 

Expanded Power to Reduce Allotments

SECTION 29.   During fiscal year 2010, the power of the governor or the secretary of administration and finance to allot funds under section 9B of chapter 29 of the General Laws shall extend to any monies appropriated by the general court and funds distributed in accordance with section 3. In addition to his power to reduce such allotments under section 9C of said chapter 29, the governor may further reduce such allotments to the extent that, during fiscal year 2010, grants are received and are to be expended under the American Recovery and Reinvestment Act or similar federal legislation or that funds are transferred to the General Fund from the Commonwealth Stabilization Fund, if in the opinion of the secretary of administration and finance an insufficient balance then remains in the Commonwealth Stabilization Fund to ensure the commonwealth's fiscal well-being in future fiscal years. The procedures in said section 9C shall apply to any such further allotment reduction under this section.
 
 

Summary:
During fiscal year 2010, this section extends the Governor's power to reduce allotments to include all state appropriations and local aid. It also allows him to reduce allotments if expending one-time revenues from federal stimulus grants or Stabilization Fund transfers endangers the Commonwealth's future fiscal well-being.

 

Line-item Transferability

SECTION 30.   Notwithstanding any general or special law to the contrary, the secretary of administration and finance may authorize the transfer of funds from any item of appropriation for fiscal year 2010 for any executive branch agency to any other item of appropriation for that agency or within its executive office. No transfer authorized by this section shall exceed 5 per cent of the amount appropriated for an item. The secretary of administration and finance shall notify the house and senate committees on ways and means 15 days before a transfer pursuant to this section.
 
 

Summary:
This section authorizes limited transferability between line items in the same executive office, after 15 days' notice to the Legislature.

 

Pension Cost of Living Adjustment

SECTION 31.   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.
 
 

Summary:
This section provides for a 3% increase on the first $12,000 in pension benefits for retired state employees. The section is included each year in the budget.

 

Special Education Inflation Rate Freeze

SECTION 32.   Notwithstanding any general or special law to the contrary, the operational services division which, under section 22N of chapter 7 of the General Laws, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2010 at the same level calculated for fiscal year 2009, except the prices for those programs for extraordinary relief, as defined in the division's regulations. Programs for which prices in fiscal year 2009 were lower than the full amount permitted by the operational services division may charge in fiscal year 2009 the full price calculated for fiscal year 2010.
 
 

Summary:
This section freezes FY10 special education school rates at FY09 levels.

 

Stabilization Fund Transfer

SECTION 33.   (a) Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2010, transfer $489,000,000 to the General Fund from the Commonwealth Stabilization Fund, but the comptroller shall instead transfer a lesser amount if the secretary of administration and finance so requests in writing. The comptroller, in consultation with the secretary of administration and finance, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary of administration and finance and to the house and senate committees on ways and means.
(b) Notwithstanding any general or special law to the contrary, during fiscal year 2010 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.
 
 

Summary:
This section transfers $489 million to the General Fund from the Commonwealth Stabilization Fund, but allows the Secretary of Administration and Finance to reduce the amount transferred. It also cancels for fiscal year 2010 the automatic deposit into the Fund of 0.5 percent of total tax revenue.

 

Transfers Between Operating and Capital Funds

SECTION 34.   (a) Whenever the commonwealth has borrowed funds as authorized by law to fund the acquisition of equipment that would have otherwise been funded under an item of appropriation in section 2, the secretary of administration and finance may authorize the transfer of funds from the item of appropriation in section 2 from which the equipment acquisition would have been funded to any other item of appropriation for the purpose of funding personnel or other operating-related expenses that would have otherwise been funded in the fiscal year 2010 capital budget from the proceeds of bonds. The secretary may establish an appropriation account to receive this transfer if none exists under section 2. Any amount transferred under this section shall not exceed the cost of the related equipment acquisition, and the aggregate amount of all such transfers shall not exceed $50,000,000.
          (b) Before making any transfer authorized by this section, the secretary of administration and finance shall submit a transfer report and certification to the house and senate committees on ways and means. The report and certification shall include the following: (1) a schedule showing the cost of equipment acquisition that would have been funded from an item of appropriation in section 2, the item of appropriation from which the equipment would have been funded and the bond authorization against which bonds may be issued to fund the acquisition of the equipment; (2) a schedule showing the cost of all personnel and other operating expenses that would have been funded from the fiscal year 2010 capital budget, identification of each of the agencies that pay the related expenses, the item in the capital budget and the bond authorization from which the personnel or operating expenses would have been funded, and the item of appropriation in section 2 from which the personnel or operating expenses will be funded; (3) a schedule of each amount that will be transferred from one item of appropriation in section 2 to another under subsection (a) in order to effectuate the transactions described in clauses (1) and (2); and (4) a certification of the secretary confirming that the equipment will be acquired in fiscal year 2010 with bond proceeds pursuant to the fiscal year 2010 capital budget and the bond authorization identified in clause (1).
 
 

Summary:
This section establishes a no-cost mechanism for taking personnel and other operating cost expenses off the capital budget, by allowing transfers between budget accounts.

 

Lease Terminations for Insufficient Funds

SECTION 35.   Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, after consulting with the head of the leasing state agency or the chief justice for administration and management, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the chief justice for administration and management, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions. This section shall expire on June 30, 2010.
 
 

Summary:
This section allows terminating a state lease for insufficient funds if the agency head or (for court leases) the Chief Justice for Administration and Management determines that the appropriation cannot maintain the lease consistent with maintaining core governmental functions.

 

Long Term Lease for Veterans Memorial Rink, Somerville

SECTION 36.   (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may, using such competitive proposal process as the division considers necessary or appropriate, lease and enter into other agreements, for a term not to exceed 25 years, with 1 or more operators, for the Veterans Memorial Rink in Somerville, so as to provide for the continued use, operation, maintenance, repair and improvement of the rink together with the land and appurtenances associated therewith. There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. This renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. A lease shall require the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease. The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. The lease and other arrangements requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. The lease and other agreements shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the property provided by the tenants or the recipients of the property shall be taken into account as part of the consideration for such lease or other agreements. All consideration received from the lease or other agreements shall be payable to the department of conservation and recreation for deposit in the General Fund. The lessee of the property shall bear all costs approved as necessary or appropriate by the commissioner of capital asset management and maintenance for the transaction including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.
          (b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including, but not limited to: (1) a comprehensive list of all rinks operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) other skating or hockey management experience of the responsive bidder or offeror; (4) a senior citizen and child discount program; (5) reservation policies; (6) proposed reasonable rates that will ensure continued public access; (7) required financial audits; (8) policies to encourage use of the rink by persons of all races and nationalities; (9) safety and security plans; (10) seasonal opening and closing dates; (11) hours of operation; and (12) the means for the operator to satisfy the following ice time allocation guidelines. Ice time at the rink shall be allocated to user groups in the following priority order: general public skating; nonprofit youth groups; school hockey; youth groups other than nonprofit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, provided that general public skating shall be booked at a minimum of 12 hours per week, to be determined by the department, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.
When evaluating proposals that are otherwise comparable, the division, in consultation with the department, shall prefer any proposal to lease the rink that is submitted by the city of Somerville, provided that the proposal complies with the ice time allocation guidelines outlined above.
          (c) It shall be a mandatory term of any request for proposals issued by the division and of any contract entered into by the commonwealth with any party regarding the subject matter of this act that any party that has entered into a contract pursuant to this act shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rink and to preserve the safety and environmental conditions of the rink, that all employees currently working on the operation and maintenance of the rink be offered employment by any party entering into a contract pursuant to this act. Upon the execution of any agreements authorized by this act, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
          (d) General and special laws, rules and regulations relating to the advertising, bidding or award of contracts, to the procurement of services, and to the construction and design of improvements shall not apply to a selected offeror that is awarded a contract under this section, except as provided in this section.
 
 

Summary:
This section grants the Department of Conservation and Recreation long-term leasing authority for the Veterans Memorial Rink.

 

UMass/Health and Human Services Interagency Service Agreements

SECTION 37.   Notwithstanding any general or special law to the contrary, the executive office of health and human services, acting in its capacity as the single state agency under 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, may 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 may 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 distinctly in the state accounting system. The secretary 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 for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2010, but contingency fees paid to the University of Massachusetts Medical School under the terms of any interagency service agreement for recoveries related to the special disability workload projects shall be excluded from that $40,000,000 limit for fiscal year 2010 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.
 
 

Summary:
This section enables the Executive Office of Health and Human Services to contract services to the University of Massachusetts, to perform them in the most cost efficient manner.

 

Alternative Hospital Payment Demonstration Project

SECTION 38.   Notwithstanding any general or special law to the contrary, the secretary of health and human services may, consistent with federal law, pursue an alternative payment demonstration project with one or more hospitals or hospital systems in the commonwealth. For purposes of this section, alternative payment mean a methodology that establishes an aggregate prospective payment to cover the total cost of a defined set of health care services provided by a hospital or hospital system, creating incentives for such providers to integrate services, manage costs and utilization, and ensure high-quality care. In implementing any such alternative payment demonstration project, the secretary shall consider using information systems to monitor performance of the hospital or hospital system and apply measures of cost and quality.
 
 

Summary:
This section allows the Secretary of Health and Human Services to pursue demonstration projects to support local hospitals and community health centers that provide high quality service to the safety net's patients.

 

Nursing Home Assessment

SECTION 39.   Notwithstanding any general or special law to the contrary, the nursing home assessment established by section 25 of chapter 118G of the General Laws shall be sufficient in the aggregate to generate $220 million in fiscal year 2010.
 
 

Summary:
This section establishes the amount of revenue to be obtained from the nursing home assessment in fiscal year 2010.

 

Transfers Among Health Care Funds

SECTION 40.   (a) Notwithstanding any general or special law to the contrary, on or before October 1, 2009 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established pursuant to section 36 of chapter 118G of the General Laws and in this subsection referred to as the fund, the greater of $45 million or one-twelfth of the total expenditures to hospitals and community health centers required pursuant to subsection (b), for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2009. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the fund. The comptroller shall transfer from the fund to the General Fund not later than June 30, 2010, the amount of the transfer authorized by this subsection and any allocation thereof as certified by the director of the health safety net office.
          (b) 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 pursuant to section 36 of chapter 118G of the General Laws. Not less than $697,333,618 shall be transferred from the General Fund to the Commonwealth Care Trust Fund. The hospital fiscal year 2010 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the Commonwealth's 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof. The executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund. 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, 2009 and shall be completed on or before June 30, 2010. 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.
          (c) 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 $379,000,000 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, if the comptroller has determined that General Fund revenues are sufficient to accommodate the schedule of transfers. These funds may be expended only for services provided during state or federal fiscal year 2010, and no amounts previously or subsequently transferred into the Medical Assistance Trust Fund may be expended on payments described in the 1115 demonstration waiver for services provided during state fiscal year 2010 or payments described in the state plan for services provided during federal fiscal year 2010. All payments from the Medical Assistance Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally-approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services, and shall be subject to the terms and conditions of an agreement with the executive office of health and human services. Any increase in payment made from the trust fund totaling an amount greater than $251,000,000 in fiscal year 2010 shall be made only after the secretary of health and human services certifies that any increase in payments from the trust fund 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 house and the joint committee on healthcare financing for any increases in payments within 15 days. The secretary of the executive office of health and human services shall make a payment of up to $278,000,000 from the Medical Assistance Trust Fund to the Cambridge public health commission's hospital network for dates of service in state and federal fiscal year 2010 only after the Cambridge public health commission transfers up to $139,000,000 of its funds to the Medical Assistance Trust Fund, using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment. This authorization shall expire on June 30, 2010.
 
 

Summary:
This section provides for transfers among health care funds as needed to fund the Commonwealth Care program, Health Safety Net payments, and other MassHealth supplemental payments to Boston Medical Center, Cambridge Health Alliance, and UMass Memorial Health Care, Inc. providers. It also authorizes intergovernmental transfers from the Cambridge Public Health Commission to fund the non-federal share of payments to CHA.

 

DTA Program Requirements

SECTION 41.   (a) Item 4403-5000 shall provide disbursements for the programs of transitional aid to families with dependent children, nutritional benefits for low-income workers, state supplement to the supplemental security income program for the aged and disabled, and emergency aid to the elderly, disabled and children, subject to the following requirements for each such program.
          (b) Financial assistance paid from this item for the program of transitional aid to families with dependent children shall be paid only to citizens of the United States and to non-citizens for whom federal funds may be used to provide benefits. Notwithstanding any general or special law, or any provisions of this act to the contrary, no benefits shall be made available to illegal or undocumented aliens. The need standard shall be equal to the standard in effect in fiscal year 2008 and the payment standard shall be equal to the need standard. The payment standard for families who do not qualify for an exempt category of assistance under subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75 per cent below the otherwise applicable payment standard, in fiscal year 2009, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The department shall notify parents under the age of 20 receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5 of the acts of 1995, or any successor statute. A $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing. A nonrecurring children's clothing allowance in the amount of $150 shall be provided to each child eligible under this program in September 2009 and shall be included in the standard of need for that month. All benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing under chapter 119 of the General Laws, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures. Notwithstanding section 2 of chapter 118 of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month the payments are to be made or within the 3 month period after the month of payment, and who, if the child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits. Certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for the loss. The department shall review its disability standards to determine the extent to which they reflect current medical and vocational criteria and report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the results of that review before any changes to the standards are proposed. No funds from this item shall be expended by the department for child care or transportation services for the employment and training program. No funds from this item shall be expended by the department for family reunification benefits or informal child care. The department shall provide oral and written notification to all recipients of their child care benefits at the time of application and on a semi-annual basis and the notification shall include the full range of child care options available, including center-based child care, family-based child care, and in-home relative child care. The notification shall also detail available child care benefits for current and former recipients, including employment and training benefits, transitional benefits and post-transitional benefits. The department shall work with the department of early education and care to ensure that both recipients currently receiving benefits and former recipients during the 1 year period after termination of benefits are provided written and verbal information about child care services. The notice shall further advise recipients of the availability of food stamps benefits.
          (c) Financial assistance paid from this item for the nutritional benefit program for low-income workers shall be provided only to those for whom receiving these benefits will improve the work participation rate under the federal program of temporary assistance for needy families.
          (d) Financial assistance paid from this item for the state supplement to the supplemental security income program for the aged and disabled shall include a program for emergency needs for supplemental security income recipients. Expenses of special grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item. The department, in collaboration with the executive office of health and human services, may fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified under chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and the office. The optional category of payments shall only be administered in conjunction with the Medicaid group adult foster care benefit. Reimbursements to providers for services rendered in prior fiscal years may be expended from this item.
          (e) Financial assistance paid from this item for emergency aid to the elderly, disabled and children shall only be provided to those persons found by the department to be eligible for the aid under chapter 117A of the General Laws and regulations promulgated by the department. Benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or non-citizens otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens. The payment standard shall equal the payment standard in effect under the general relief program in fiscal year 1991. The department may provide benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a medically-determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support himself and which has been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission and to dependent children who are ineligible for benefits under both chapter 118 of the General Laws and the separate program created by section 210 of chapter 43 of the acts of 1997 and parents or other caretakers of dependent children who are ineligible under said chapter 118 and under the separate program. No ex-offender, person over age 45 without a prior work history or person in a residential treatment facility shall be eligible for benefits under this program unless the person otherwise meets the eligibility criteria described in this item and defined by regulations of the department. No person incarcerated in a correctional institution shall be eligible for benefits under the program. No funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program. In initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted in this item at the payment standard in effect for the former general relief program in fiscal year 1991. Nothing in this item shall be construed as creating any right accruing to recipients of the former general relief program. Reimbursements collected from the Social Security Administration on behalf of former clients of the emergency aid to the elderly, disabled and children program or unprocessed payments from the program that are returned to the department shall be credited to the General Fund.
          (f) In determining whether funding provided by this item is sufficient to meet annual projected spending, the department shall project spending for each of the 4 programs funded from this item as well as project spending for all four programs in aggregate. In adopting, amending or rescinding its regulations with respect to eligibility for, or levels of benefits under each of the 4 programs funded by this item, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation. The department may adopt emergency regulations under chapter 30A of the General Laws to implement changes to any of 4 programs funded by this item if the department determines that changes are required to ensure that program expenditures do not exceed the appropriation.
 
 

Summary:
This section contains detailed requirements for each program administered by the Department of Transitional Assistance.

 

Transfer to Massachusetts Life Sciences Fund

SECTION 42.   Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the secretary of administration and finance, shall transfer $20,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund, established by section 6 of chapter 23I of the General Laws, no later than June 30, 2010.
 
 

Summary:
This section transfers $20 million to the Massachusetts Life Sciences Investment Fund, to meet the goal of the life sciences act for this fiscal year.

 

Tourism Fund Formulas

SECTION 43.   Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2010.
 
 

Summary:
This section suspends the statutory tourism fund formula for fiscal year 2010. This section has been routine in recent budgets.

 

Charter School Spending

SECTION 44.   (a) Notwithstanding section 89 of chapter 71 of the General Laws or any other special or general law to the contrary, in fiscal year 2010 the board of elementary and secondary education may authorize charter school applications in a public school district in which the total charter school tuition payment to commonwealth charter schools will, as a result of the establishment of charter schools, exceed 9 per cent of the district's net school spending, only if all of the following conditions are met:

(1) In any fiscal year, no public school district's total charter school tuition payment to the commonwealth charter schools in that district shall exceed 12 per cent of the district's net school spending, but the commonwealth shall incur charter school tuition payments for siblings attending commonwealth charter schools to the extent that their attendance would otherwise cause the school district's charter school tuition payments to exceed 12 per cent of the school district's net school spending.

(2) The board may only accept applications for the establishment of charter schools that will admit students from districts scoring in the lowest 15 per cent in the commonwealth as measured by the combined composite proficiency index scores on the English language arts and mathematics Massachusetts Comprehensive Assessment System exams.

(3) The board may only accept applications for the establishment of a charter school in which the student enrollment will be comprised of at least 80 per cent students who meet one or more of the following criteria: low-income students; special education students; limited English proficient students; students who are determined by the department to be at risk of dropping out or who have dropped out of school; and other students, as determined by board regulations, who should be targeted in order to eliminate the achievement gap. The board may only accept applications for the establishment of a charter school in which the student enrollment will be comprised of a special education or limited English proficient student population that is at least 5 per cent greater than the level of the special education or limited English proficient student population, respectively, in the relevant sending districts.

(4) The board may only accept applications for the establishment of a charter school from a provider with a demonstrated record of successfully serving student populations with significant representations of: low-income students; special education students; limited English proficient students; students who are determined by the department to be at risk of dropping out or who have dropped out of school; and other students, as determined by board regulations, who should be targeted in order to eliminate the achievement gap.

(b) The board may at any time place the charter school on a probationary status to allow the implementation of a remedial plan after which, if the plan is unsuccessful, the board may summarily revoke the charter. The board may revoke a school's charter after 3 years if the school has not fulfilled to the board's satisfaction the enrollment criteria stated in paragraph (3) of subsection (a).

(c) The board shall adopt regulations to implement this section.

(d) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall adopt regulations creating a reporting requirement for a charter school's net asset balance at the end of the fiscal year. The report shall include, but not be limited to, the following types of information: the sources of any surplus funds, specifically, whether they are private or public; how any surplus funds were used in the previous fiscal year; and the planned use of any surplus funds in the upcoming fiscal year. The regulations shall authorize the commissioner or department to recommend withholding the release of all or some part of the quarterly tuition payments for any school that has not timely filed the required report.
 
 

Summary:
This section provides special rules for approval of charter school applications by the Board of Elementary and Secondary Education in fiscal year 2010, and establishes a reporting requirement for a charter school's net asset balance at the end of the fiscal year.

 

Commission on Maintenance of State Facilities

SECTION 45.   (a) There shall be a special commission to investigate and study the maintenance of state facilities.
          (b) The commission shall consist of the secretary of administration and finance, or her designee, who shall chair the commission; the commissioner of capital asset management and maintenance, or his designee; the chairs of the house and senate committees on ways and means, or their designees; the house and senate chairs of the joint committee on bonding, capital expenditures and state assets, or their designees; the minority leaders of the senate and house of representatives, or their designees; a representative of the International Facility Management Association; and 3 other persons appointed by the governor. The division of capital asset management and maintenance shall provide staff assistance to the commission and shall conduct a facilities maintenance review to assist in the commission's study.
          (c) The commission shall study opportunities to improve maintenance of state facilities, including, but not limited to, more efficiently allocating resources and responsibility for facility maintenance, implementing best practices in assessing and addressing facility maintenance needs, and more effectively funding facility maintenance needs.
          (d) The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives on or before March 31, 2010.
 
 

Summary:
This section establishes a special commission to study the maintenance of state facilities, including adopting regionalized maintenance models.

 

Effective Date

SECTION 46.   Except as otherwise specified, this act shall take effect on July 1, 2009.
 
 

Summary:
This section makes this bill effective on July 1, 2009, unless another specific effective date is provided.


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