Section 31 Chapter 29 Funds

Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 2DDDDDD the following 4 sections:-
Section 2EEEEEE. (a) There shall be a Health Agency Dedicated Trust Fund. The secretary of health and human services shall be the trustee of the fund and shall expend all money in the fund in accordance with this section. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.
(b) The secretary shall annually make available amounts from the fund solely for the following purposes:
(1) For the expenses of the center for health information and analysis established under chapter 12C, and for the other purposes described in said chapter 12C, in an amount equal to the amount collected by said center for health information and analysis from acute hospitals and ambulatory surgical centers under section 7 of chapter 12C; provided, that the secretary shall transfer to the center for health information and analysis the sums under this section no later than 30 days after sufficient funds have been collected into the fund.
(2) For the expenses of the Massachusetts Child Psychiatry Access Project operated by the department of mental health, in an amount equal to the amount described in clause (ii) of the definition of "health agency dedicated revenue amount", under section 64 of chapter 118E.
(c) To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. Further, the secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund.
(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (b), at any point in time, as determined by the secretary, the secretary may transfer the state's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E, the Managed Care Organization Services Trust Fund established in section 2FFFFFF of chapter 29 provided, however, no such transfer shall cause a deficit in this fund.
Section 2FFFFFF. (a) There shall be a Managed Care Organization Services Reinvestment Trust Fund. The secretary of health and human services shall be the trustee of the fund and shall expend all money in the fund to make payments to Medicaid managed care organizations, as such term is defined in section 64 of chapter 118E. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.
(b) Money in the fund shall be expended for Medicaid payments under an approved state plan or federal waiver; provided, however, that all payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all applicable federal payment limits as determined by the secretary; and (iv) subject to the terms and conditions of applicable agreements between Medicaid managed care organizations and the executive office of health and human services. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, as provided in paragraphs (2) and (3).
(2) The secretary shall annually expend amounts from the fund for payments to Medicaid managed care organizations, as such term is defined in section 64 of chapter 118E, averaging, over a period of 5 years, not less than $246,000,000 per year; provided, however, that such expenditures shall be consistent with all approved federal waivers and state plan provisions.
(3) Notwithstanding the requirements of this section, the secretary shall transfer from the fund to the General Fund $57,000,000 in state fiscal year 2025, and $114,000,000 annually thereafter.
(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (c), at any point in time, as determined by the secretary, the secretary may transfer the state's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E, or the Health Agency Dedicated Trust Fund established in section 2EEEEEE of chapter 29; provided, however, no such transfer shall cause a deficit in this fund.
Section 2GGGGGG. (a) There is hereby established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund to be known as the Disaster Relief and Resiliency Fund. There shall be credited to the fund: (i) money appropriated or transferred to the fund, including money transferred pursuant to section 5G of chapter 29; (ii) funds from public or private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth; (iii) repayment or reimbursement of monies advanced from the fund; as determined by the secretary of administration and finance; and (iv) all income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended without further appropriation. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.
(b) The fund shall be administered by the secretary of administration and finance, who may expend money from the fund to provide emergency disaster relief and alleviate the damage, loss, hardship, or suffering caused by a natural or other catastrophic event, including, but not limited to, a hurricane, tornado, storm, extreme rain, flood, tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, extreme wind, extreme heat or cold temperature, explosion, catastrophic agricultural loss, fire or drought, which may include a circumstance in which a federal disaster declaration has not been made, or to supplement or advance funding related to a federal or state disaster declaration. The executive office for administration and finance, in consultation with the Massachusetts emergency management agency and the climate chief, shall develop program administration regulations and guidance which shall include, but not be limited to, an application procedure, which may include but not be limited to grant applications, and eligibility criteria for the distribution of monies from the fund. Program regulations and guidance shall take into account existing federal and commonwealth disaster relief and recovery programs and requirements and shall prioritize and incentivize utilization of available federal disaster relief and recovery programs, insurance, loss prevention and mitigation, and valid legal claims for compensation. When developing the program, the secretary shall take into account ways to ensure that funds are allocated will be spent in a manner that enhances the resilience of infrastructure, including but not limited to nature-based solutions, and strengthens protections from the impacts of future disasters.
(c) Municipalities and other units and instrumentalities of state, local and regional government, non-profit organizations, businesses, and individual residents of the commonwealth may be eligible to receive funds only as set forth through regulation and guidance. Payments may be distributed as reimbursements, loans, grants, matching funds, formula funds, cost share payments, debt forgiveness, or as otherwise as set forth through regulation and guidance.
(d) Annually, not later than December 31, the secretary shall file a report submitted to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means which shall include all expenditures made, their amounts, recipients and the reason for the expenditure, as well as income received by the fund during that calendar year.
Section 2HHHHHH. (a) For the purposes of this section, the term "disadvantaged community" shall mean a community in the commonwealth bearing disproportionate economic, health, or environmental burdens, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, and presence of hazardous and solid waste and material, as well as high incidence of cardiovascular and respiratory disease and high rates of mortality.
(b) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund to be known as the Environmental Justice Fund, which shall be administered by the division of environmental protection within the office of the attorney general, established under section 11D of chapter 12.
(c) Expenditures may be made from the fund, without further appropriation: (i) to fund the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution or harm on or at any real property located in a disadvantaged community; (ii) for any project to benefit the community health or well-being, whether to address economic, environmental, or other health needs of a disadvantaged community; or (iii) to contribute to an academic or government-funded research project related to environmental protection or conservation of natural resources in a disadvantaged community.
(d) The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund: (ii) funds from public or private sources, including, but not limited to gifts, grants, and donations; (iii) payments from settlements, judgments, fines or penalties not designated by law for other specific statutory purposes in any action brought by the attorney general under section 11D of chapter 12 or under any provision of any environmental statute that the attorney general may enforce providing for a civil penalty for a violation of such provision; and (iv) any interest earned on such funds. Funds that remain unexpended at the end of a fiscal year shall not revert to the general fund and shall be available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.

This section establishes the Health Agency Dedicated Trust Fund and Managed Care Organization Services Reinvestment Trust Fund, to assist in implementing the Managed Care Organization Services Assessment, in addition to the Disaster Relief and Resiliency Fund, and the Environmental Justice Fund.