Attachment B: Proposed Redraft to FY2010 Outside Section 40
Governor Patrick’s proposals to appropriate additional FMAP funds includes the following modification to Fiscal Year 2010 H.1. Outside Section 40(c):
(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 $399,000,000 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, except as otherwise provided herein, 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 $265,000,000 from the Medical Assistance Trust Fund to the Cambridge public health commission for dates of service in state and federal fiscal year 2010 only after the Cambridge public health commission transfers up to $106,000,000 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. Notwithstanding any provision to the contrary, for state and federal fiscal year 2010, such payment to Cambridge public health commission from this fund may include an amount up to $20,000,000 for which federal financial participation is not available or for which no intergovernmental transfer is required.
This authorization shall expire on June 30, 2010.