Sections 4-111

Sections 4-111 All Outside Sections

Section 4: MassHealth Drug Pricing 1

Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subclause:-

(v) records disclosed to the health policy commission under subsections (b) and (e) of section 8A of chapter 6D.

Section 5: Frederick Douglass Day

Chapter 6 of the General Laws is hereby amended by inserting after section 15IIIIII the following section:-

Section 15JJJJJJ. The governor shall annually issue a proclamation setting apart February 14 as Frederick Douglass Day, in recognition of the outstanding contributions of Frederick Douglass to the abolitionist movement and his lifelong fight for equality in the cities of New Bedford and Lynn, the commonwealth and throughout the United States and recommend that the day be observed in an appropriate manner by the people.

Section 6: MassHealth Drug Pricing 2

Chapter 6D of the General Laws is hereby amended by inserting after section 8 the following section:-

Section 8A. (a) As used in this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:

"Manufacturer", an entity that manufactures a pharmaceutical drug covered by MassHealth.

(b) The commission may require a manufacturer specified in subsection (c) to disclose to the commission within a reasonable time information relating to the manufacturer's pricing of that drug, on a standard reporting form developed by the commission with the input of the manufacturers, which includes but shall not be limited to, the following:

(1) A schedule of the drug's wholesale acquisition cost increases over the previous five calendar years;

(2) The manufacturer's aggregate, company-level research and development and other relevant capital expenditures, including facility construction, for the most recent year for which final audited data are available;

(3) A written, narrative description, suitable for public release, of factors that contributed to reported changes in wholesale acquisition cost during the previous five calendar years; and

(4) Any other information that the manufacturer wishes to provide to the commission.

Based on the records furnished, the commission may identify a proposed supplemental rebate, in consultation with the executive office, for a prescribed drug specified in subsection (c); provided that the proposed supplemental rebate may be based on a proposed value of the drug; and provided further, that the commission shall consider any proposed supplemental rebate framework or other information provided to the commission under subsection (g) of section 12A of chapter 118E. The commission may request additional relevant information that it deems necessary to identify a proposed supplemental rebate or proposed value of the drug.

(c) A manufacturer of the following prescribed drugs shall comply with the requirements set forth in this section: a drug for which the executive office was unable to successfully conclude supplemental rebate negotiations with the manufacturer under subsections (b) and (c) of section 12A of chapter 118E, and for which the commission has received notice from the executive office under subsection (g) of said section 12A of said chapter 118E.

(d) Records disclosed by a manufacturer under this section shall: (i) be accompanied by an attestation that all information provided is true and correct; (ii) not be public records under section 7 of chapter 4 or chapter 66; and (iii) remain confidential; provided, however, that the commission may produce reports summarizing any findings; provided that any such report shall not be in a form that identifies specific prices charged for or rebate amounts associated with drugs by a manufacturer, or in a manner that is likely to compromise the financial, competitive or proprietary nature of the information.

(e) If, after review of any records furnished to the commission under subsection (b), the commission determines that the manufacturer's pricing of the drug is potentially unreasonable or excessive in relation to the commission's proposed value under subsection (b), the commission shall, with 30 days' advance notice to the manufacturer, request that the manufacturer provide further information related to the pricing of the prescribed drug and the manufacturer's justification for the pricing. In addition to the manufacturer, the commission may identify other relevant parties including but not limited to patients, providers, provider organizations and payers who may provide information to the commission.

(f) Any information, analyses or reports regarding a particular drug reviewed or used in identifying the supplemental rebate or assessing the proposed value of the drug shall be provided to the manufacturer for review and input. The commission shall consider any clarifications or data provided by the manufacturer with respect to its drug. The commission may not base its determination on the supplemental rebate, the proposed value or the reasonableness of the drug pricing, solely on the analysis or research of an outside third party.

(g) If the commission relies upon a third party to provide cost-effectiveness analysis or research related to the proposed value, such analysis or research shall also provide, but not be limited in scope to, (i) a description of the methodologies and models used in its analysis; (ii) any assumptions and potential limitations of research findings in the context of the results; and (iii) outcomes for affected subpopulations that utilize the drug.

(h) Not later than 60 days after receiving information from the manufacturer, as required under subsection (b) or (e), the commission shall issue a determination on whether the manufacturer's pricing of a drug subject to the supplemental rebate negotiation that resulted in the provision of notice under section 12A of chapter 118E is unreasonable or excessive in relation to the commission's proposed value of the drug.

(i) If the manufacturer fails to timely comply with the commission's request for records under subsections (b) or (e), or otherwise knowingly obstructs the commission's ability to issue its determination under subsection (h), including, but not limited to, providing incomplete, false or misleading information, the commission may impose appropriate sanctions against the manufacturer, including reasonable monetary penalties not to exceed $500,000, in each instance. The commission shall seek to promote compliance with this section and shall only impose a civil penalty on the manufacturer as a last resort.

(j) The commission shall adopt any written policies, procedures or regulations the commission determines necessary to implement this section.

Section 7: County Registers Technological Fund Fee Dedication Extension 1

Section 31 of chapter 9 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 9 and 12, the figure "2020" and inserting in place thereof, in each instance, the following figure:- 2025.

Section 8: Garden of Peace Trust Fund

Section 35LLL of chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following 2 sentences:- The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to the state treasurer under this section in accordance with sections 34 and 38 of chapter 29 in such manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the victim and witness assistance board, established in section 4 of chapter 258B, from time to time, at the request of the board.

Section 9: Chapter 10 Funds

Said chapter 10 is hereby further amended by inserting after section 35LLL the following section:-

Section 35MMM. There shall be a Childhood Lead Poisoning Prevention Trust Fund. The fund shall be administered by the commissioner of public health for the operation of the childhood lead poisoning prevention program, which shall include, but not be limited to, providing for the: (i) production and dissemination of educational and other materials pertaining to lead paint poisoning prevention and treatment as required by sections 192B and 197A of chapter 111; (ii) training of lead paint inspectors; and (iii) training of homeowners in those aspects of lead paint abatement or containment that the department of public health, through regulations, authorizes homeowners to perform themselves.

The fund shall be credited with: (i) all revenue collected from the surcharge imposed by section 22 of chapter 482 of the acts of 1993; (ii) appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations and settlements received by the commonwealth that are specifically designated to be credited to the fund.

Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.

Not later than October 1, the commissioner shall provide an annual report to the joint committee on public health and the senate and house committees on ways and means providing a description and accounting of the revenue credited to the fund and expenditures made from the fund.

Section 10: District Attorney Salary Increase

Section 15 of chapter 12 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 4, the figure "171,561" and inserting in place thereof the following figure:- 191,000.

Section 11: Continuous Skilled Nursing Services Report

Chapter 12C of the General Laws is hereby amended by inserting after section 23 the following section:-

Section 24. The center, in conjunction with MassHealth, shall prepare a biennial report on the provision of continuous skilled nursing care as defined in 101 CMR 361 and 130 CMR 403.402. The report shall include, but not be limited to: (i) the number of pediatric patients and the number of adult patients requiring continuous skilled nursing care; (ii) the average and median number of continuous skilled nursing hours authorized by MassHealth per day, week, month and year for pediatric patients and for adult patients; (iii) the average and median number of authorized continuous skilled nursing hours actually delivered per day, week, month and year for pediatric patients and for adult patients; (iv) the total number of continuous skilled nursing hours authorized and actually delivered by MassHealth per month and year for pediatric patients and for adult patients; (v) the number of nurses providing continuous skilled nursing care to more than 1 patient at a time and, for the patients cared for by those nurses, the aggregate proportion of authorized continuous skilled nursing hours to utilized continuous skilled nursing hours; (vi) the number of nurses who contract with MassHealth to provide continuous skilled nursing care, the number of nurses who provide continuous skilled nursing care through a home health agency that contracts with MassHealth and whether the total number of nurses providing such care is sufficient to fill all authorized continuous skilled nursing hours; (vii) a description of the training, experience and education levels of the nurses who contract with MassHealth to provide continuous skilled nursing care; and (viii) an evaluation of the adequacy of the reimbursement rates for continuous skilled nursing care as established in 101 CMR 350.04(2) and a comparison of those rates against: (A) the rate paid to nurses who contract directly with MassHealth to provide continuous skilled nursing care; (B) the portion of the reimbursement rate paid directly as wages to nurses providing continuous skilled nursing care through a home health agency that contracts with MassHealth; and (C) the median wage rate paid to all nurses in the commonwealth.

Not later than January 1 of each even-numbered year, the report shall be filed with the secretary of health and human services, the clerks of the senate and the house of representatives, the joint committee on health care financing, the joint committee on public health and the senate and house committees on ways and means. The center shall make the report publicly available on its website.

Section 12: HR Consolidation 1

Section 2 of chapter 21A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, the secretary shall identify and consolidate administrative activities and functions common to the separate offices, departments and divisions within the office and may designate such functions as core administrative functions in order to improve administrative efficiency and preserve fiscal resources. Common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, including payroll processing and information technology. All employees performing functions so designated shall be employed directly by the secretary, and the office shall function as a single state agency for purposes of carrying out the functions so designated.

Section 13: Fishing and Boating Access Citations

Section 10H of said chapter 21A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "17A of said chapter 21" and inserting in place thereof the following figure:- 11B.

Section 14: Regional Tourism Grant Distribution Date

Chapter 23A of the General Laws is hereby amended by inserting after section 68 the following section:-

Section 69. Grants allocated to regional tourism councils through the Massachusetts Tourism Trust Fund pursuant to section 13T shall be distributed not later than September 1 of the fiscal year in which they are allocated.

Section 15: PACE Corrections 1

Section 3 of chapter 23M of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word "entity,", in line 4, the following words:- and to establish and administer a third-party financing program.

Section 16: PACE Corrections 2

Said section 3 of said chapter 23M, as so appearing, is hereby further amended by striking out, in lines 130 and 131, the words "and remedies".

Section 17: PACE Corrections 3

Subsection (g) of said section 3 of said chapter 23M, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- If a lien for property taxes of the municipality is foreclosed, the betterment assessment lien shall be extinguished solely with regard to any installments that were due and owing on the date of foreclosure of such tax lien but the betterment assessment lien shall otherwise survive the foreclosure.

Section 18: PACE Corrections 4

Said section 3 of said chapter 23M, as so appearing, is hereby further amended by striking out, in line 141, the words "judgment of".

Section 19: PACE Corrections 5

Said section 3 of said chapter 23M, as so appearing, is hereby further amended by striking out, in lines 143 and 144, the word "judgment" and inserting in place thereof the following word:- foreclosure.

Section 20: PACE Corrections 6

Said section 3 of said chapter 23M, as so appearing, is hereby further amended by striking out, in lines 158 and 159, the words "and a suit on the debt" and inserting in place thereof the following words:- in a manner consistent with the rights afforded a mortgagee pursuant to section 21 of chapter 183 and an action of contract or any other appropriate action, suit or proceeding.

Section 21: DPU Assessment

Section 18 of chapter 25 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the figure "0.2" and inserting in place thereof the following figure:- 0.3.

Section 22: District Local Technical Assistance Fund Annual Cap Elimination

Section 2XXX of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words ", but not more than $2,800,000 in the aggregate in any fiscal year,".

Section 23: Muni Naloxone Bulk Purchase Trust Fund for Ambulance Services

Said chapter 29 is hereby further amended by striking out section 2RRRR and inserting in place thereof the following section:-

Section 2RRRR. (a) There shall be a Municipal Naloxone Bulk Purchase Trust Fund. The fund shall be administered and expended by the commissioner of public health or a designee for the municipal naloxone bulk purchase program. Municipalities, ambulance services licensed pursuant to chapter 111C and non-profit organizations that contract with the department of public health's bureau of substance addiction services may join the program to purchase naloxone for municipal first responder agencies, such ambulance services and non-profit organizations. A sheriff of a house of correction that contracts with the department of public health may also participate in the program; provided, however, that such participation shall be pursuant to terms that the department may establish for such contract. The state office of pharmacy services shall assist with the purchasing and distribution of naloxone on behalf of the program. For the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system. The department of public health shall provide technical assistance to participating municipalities, ambulance services, non-profit organizations and sheriffs to ensure that program participants complete all training and registration requirements.

(b) The fund shall consist of: (i) payments made by program participants for the purchase of naloxone; (ii) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Funds received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing naloxone through the program, in addition to any discounts procured by the fund through bulk purchasing. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

The commissioner shall report annually not later than October 1 to the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund, participants in the program, the amount of naloxone purchased by each participant and the discount procured through bulk purchasing.

Section 24: Behavioral Health Outreach, Access and Support Trust Fund

Said chapter 29 is hereby further amended by inserting after section 2FFFFF, as added by section 7 of chapter 5 of the acts of 2019, the following section:-

Section 2GGGGG. There shall be a Behavioral Health Outreach, Access and Support Trust Fund. Expenditures from the fund shall be made to supplement and support efforts to: (i) increase access to qualified and culturally-competent behavioral health professionals by supporting current and new workforce opportunities; (ii) ensure equal access to quality behavioral health services regardless of race, color, religion, creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, status as a veteran, disability, place of residence or socioeconomic status; (iii) ensure a complete continuum of behavioral health services from wellness screening to inpatient treatment; and (iv) promote awareness and encourage the use of available behavioral health services.

There shall be credited to the fund: (i) appropriations, grants, gifts or other contributions made to the fund; (ii) interest earned on money in the fund; and (iii) an amount equal to the revenues received from federal financial participation earned on any qualifying expenditures sourced from the fund. All money deposited in the fund shall be subject to appropriation. Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. Any fiscal year-end balance in the fund that is subject to appropriation shall not be subject to section 5C.

Section 25: Authorization to Insure Commonwealth Property

Section 30 of said chapter 29, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:- Notwithstanding the foregoing sentence, the executive office for administration and finance may, in consultation with the Massachusetts emergency management agency, approve a state agency request for permission to insure a property of the commonwealth that has been damaged if the costs of repair for the property are eligible under a presidentially declared disaster and the state agency would otherwise be ineligible for federal reimbursement unless insurance is obtained and maintained.

Section 26: Retroactive Claims Denials for Behavioral Health Services 1

Chapter 32A of the General Laws is hereby amended by inserting after section 4A the following section:-

Section 4B. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Behavioral health services", as defined in section 1 of chapter 175, or "services".

"Provider", (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide services and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the commission or other entity.

"Retroactive claims denial", as defined in section 1 of chapter 175.

(b) The commission or an entity with which the commission contracts to provide or manage health insurance benefits, including mental health and substance use disorder services, shall not impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the commission or other entity responsible for payment; (ii) the commission or other entity has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or any other corrective action required for payment of the claim; and (iii) where applicable, the commission or other entity responsible for payment allows the provider 30 days to submit additional documentation or to take any other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim, or services for which the claim was submitted, is the subject of legal action; (iii) the claim payment was incorrect because the provider or the insured was already paid for the health care services identified in the claim; or (iv) the health care services identified in the claim were not delivered by the provider.

(d) If a retroactive claims denial is imposed because the claim payment is subject to adjustment due to expected payment from a payer other than the commission or an entity with which the commission contracts to provide or manage health insurance benefits, including mental health and substance use disorder services, the commission or other entity shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the commission shall allow for resubmission of the claim.

Section 27: GIC Balance Billing Protections

Section 20 of said chapter 32A, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 3 and 4, the words "as an indemnity plan".

Section 28: County Registers Technological Fund Fee Dedication Extension 2

Section 41 of chapter 36 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 12, the figure:- "2020" and inserting in place thereof, in each instance, the following figure:- 2025.

Section 29: CPA Fee Increase 1

Section 8 of chapter 44B of the General Laws, as so appearing, is hereby amended by striking out, in lines 3, 8 and 23, the figure "$20" and inserting in place thereof, in each instance, the following figure:- $50.

Section 30: CPA Fee Increase 2

Said section 8 of said chapter 44B, as so appearing, is hereby further amended by striking out, in lines 10, 14 and 24, the figure "$10" and inserting in place thereof, in each instance, the following figure:- $25.

Section 31: Sales Tax Treatment of Marketplace Vendors 1

Chapter 64H of the General Laws is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. As used in this chapter the following words shall have the following meanings:

"Business", any activity engaged in by any person or caused to be engaged in by a person with the object of gain, benefit or advantage, either direct or indirect.

"Commissioner", the commissioner of revenue.

"Engaged in business", commencing, conducting or continuing in business, as well as liquidating a business when the liquidator thereof holds itself out to the public as conducting such a business.

"Engaged in business in the commonwealth", (i) having a business location within the commonwealth; (ii) regularly or systematically soliciting orders for the sale of services to be performed within the commonwealth or for the sale of tangible personal property for delivery to destinations in the commonwealth; (iii) otherwise exploiting the retail sales market within the commonwealth through any means whatsoever, including, but not limited to, (a) salespeople, solicitors or representatives within the commonwealth, (b) catalogs or other solicitation materials sent through the mails or otherwise, (c) billboards, advertising or solicitations in newspapers, magazines, radio or television broadcasts, (d) computer networks or in any other communications medium, including through the means of an Internet website, software or cookies distributed or otherwise placed on customers' computers or other communications devices, or a downloaded application; (iv) regularly engaged in the delivery of property or the performance of services within the commonwealth; or (v) otherwise availing oneself of the substantial privilege of carrying on business within the commonwealth, including through virtual or economic contacts. A person shall be considered to have a business location within the commonwealth only if such person: (i) owns or leases real property within the commonwealth; (ii) has 1 or more employees located within the commonwealth; (iii) regularly maintains a stock of tangible personal property within the commonwealth for sale in the ordinary course of business; or (iv) regularly leases out tangible personal property for use within the commonwealth. For the purposes of this paragraph, property on consignment in the hands of a consignee and offered for sale by the consignee on the consignee's own account shall not be considered as stock maintained by the consignor; a person having a business location within the commonwealth solely by reason of regularly leasing out tangible personal property shall be considered to have a business location within the commonwealth only with respect to such leased property; and an employee shall be considered to be located within the commonwealth if: (a) the employee's service is performed entirely within the commonwealth, or (b) the employee's service is performed both within and without the commonwealth but in the performance of the employee's services the employee regularly commences the employee's activities at, and returns to, a place within the commonwealth. "Within the commonwealth" means within the exterior limits of the commonwealth of Massachusetts, and includes all territory within said limits owned by, or leased or ceded to, the United States of America. This provision shall be construed to the fullest extent of the U.S. Constitution unless otherwise limited by state law.

"Gross receipts", the total sales price received by a vendor as a consideration for retail sales.

"Home service provider", the facilities-based carrier or reseller with which the retail customer contracts for the provision of mobile telecommunications service.

"Marketplace", a physical or electronic forum, including a shop, a store, a booth, a television or radio broadcast, an Internet web site, a catalogue or a dedicated sales software application, where the tangible personal property or services of a marketplace seller is offered for sale, regardless of whether, in the case of tangible personal property, such property is physically located in the commonwealth.

"Marketplace facilitator", a person that contracts with 1 or more marketplace sellers to facilitate for a consideration, regardless of whether deducted as fees from the transaction, the sale of the seller's tangible personal property or services through a marketplace operated by the person, and engages: (a) directly or indirectly, through 1 or more related persons, in any of the following: (i) transmitting or otherwise communicating the offer or acceptance between the buyer and the seller; (ii) owning or operating the infrastructure, electronic or physical, or technology that brings buyers and sellers together; (iii) providing a virtual currency that buyers are allowed or required to use to purchase tangible personal property or services from the seller; or (iv) software development or research and development activities related to any of the activities described in subsection (b), if such activities are directly related to a physical or electronic marketplace operated by the person or a related person; and (b) in any of the following activities with respect to the seller's tangible personal property or services: (i) payment processing services; (ii) fulfillment or storage services; (iii) listing tangible personal property or services for sale; (iv) setting prices; (v) branding sales as those of the marketplace facilitator; (vi) order taking; (vii) advertising or promotion; or (viii) providing customer service or accepting or assisting with returns or exchanges; provided, however, that a marketplace facilitator may also be a marketplace seller; and provided further, that a marketplace facilitator shall not include a person who merely provides payment processing services. The commissioner may issue regulations or other guidance to further explain the definition of a marketplace facilitator, which guidance may in some circumstances limit the application of the term as it might otherwise apply.

"Marketplace seller", a person that makes retail sales through a marketplace operated by a marketplace facilitator; provided, however, that a marketplace seller may also be a marketplace facilitator.

"Mobile telecommunications service", commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999.

"Motion picture", a feature-length film, a video, a digital media project, a television series defined as a season not to exceed 27 episodes, or a commercial made in the commonwealth, in whole or in part, for theatrical or television viewing or as a television pilot. The term "motion picture" shall not include a production featuring news, current events, weather and financial market reports, talk show, game show, sporting events, awards show or other gala event, a production whose sole purpose is fundraising, a long-form production that primarily markets a product or service, or a production containing obscene material or performances.

"Motion picture production company", a company including any subsidiaries engaged in the business of producing motion pictures, videos, television series, or commercials intended for a theatrical release or for television viewing. The term "motion picture production company" shall not mean or include any company which is more than 25 per cent owned, affiliated, or controlled, by any company or person which is in default on a loan made by the commonwealth or a loan guaranteed by the commonwealth.

"Person", an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee, or referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals acting as a unit.

"Place of primary use", the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which shall be the residential street address or the primary business address of the customer and which shall be within the licensed service area of the home service provider. The place shall be determined in accordance with 4 U.S.C. sections 121 and 122.

"Prepaid calling arrangement", the right to exclusively purchase telecommunications services, that shall be paid for in advance and enables the origination of the calls using an access number or authorization code, whether manually or electronically dialed.

"Purchaser", a person who purchases tangible personal property or services the receipts from the retail sale of which are taxable under this chapter and includes a buyer, vendee, lessee, licensee, or grantee.

"Remote marketplace facilitator", a marketplace facilitator that is engaged in business in the commonwealth only pursuant to: (i) subclause (b), (c) or (d) of clause (iii) of the first sentence of the definition of engaged in business in the commonwealth; or (ii) clause (v) of the first sentence of the definition of engaged in business in the commonwealth.

"Remote marketplace seller", a remote retailer that is a marketplace seller.

"Remote retailer", a retailer, including a marketplace seller or marketplace facilitator, that is engaged in business in the commonwealth only pursuant to: (i) subclauses (b), (c), or (d) of clause (iii) of the definition of engaged in business in the commonwealth; or (ii) clause (v) of the first sentence of the definition of engaged in business in the commonwealth.

"Retailer", includes (i) every person, including a marketplace seller, engaged in the business of making sales at retail; (ii) every person engaged in the making of retail sales at auction of tangible personal property whether owned by such person or others; (iii) every marketplace facilitator engaged in facilitating retail sales of tangible personal property or services, irrespective of whether such tangible personal property is owned by the facilitator or a marketplace seller and irrespective of whether such services are performed by the facilitator or a marketplace seller; (iv) every person, including a marketplace seller or marketplace facilitator, engaged in the business of making sales for storage, use or other consumption, or in the business of making sales at auction of tangible personal property whether owned by such person or others for storage, use or other consumption; (v) every salesperson, representative, peddler or canvasser who, in the opinion of the commissioner, it is necessary to regard for the efficient administration of this chapter as the agent of the dealer, distributor, supervisor or employer under whom the agent operates or from whom the agent obtains the tangible personal property sold by the agent, in which case the commissioner may treat and regard such agent as the retailer jointly responsible with the agent's principal, employer or supervisor for the collection and payment of the tax imposed by this chapter; and (vi) the commonwealth, or any political subdivision thereof, or their respective agencies when such entity is engaged in making sales at retail of a kind ordinarily made by private persons.

"Retail establishment", any premises in which the business of selling services or tangible personal property is conducted, or, in or from which any retail sales are made.

"Sale" and "selling", include (i) any transfer of title or possession, or both, exchange, barter, lease, rental, conditional or otherwise, of tangible personal property or the performance of services for a consideration, in any manner or by any means whatsoever; (ii) the producing, fabricating, processing, printing or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing or imprinting; (iii) the furnishing and distributing of tangible personal property or services for a consideration by social clubs and fraternal organizations to their members or others; (iv) a transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price; (v) a transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication; (vi) the furnishing of information by printed, mimeographed or multigraphed matter, or by duplicating written or printed matter in any other manner, including the services of collecting, compiling or analyzing information of any kind or nature and furnishing reports thereof to other persons, but excluding the furnishing of information, which is personal or individual in nature and which is not or may not be substantially incorporated in reports furnished to other persons, and excluding the services of advertising or other agents, or other persons acting in a representative capacity, and information services used by newspapers, radio broadcasters and television broadcasters in the collection and dissemination of news and excluding the furnishing of information by photocopy or other similar means by not for profit libraries which are recognized as exempt from taxation under section 501(C)(3) of the Federal Internal Revenue Code; (vii) the performance of services for a consideration, excluding (a) services performed by an employee for his employer whether compensated by salary, commission, or otherwise, (b) services performed by a general partner for his partnership and compensated by the receipt of distributive shares of income or loss from the partnership; and (c) the performance of services for which the provider is compensated by means of an honorarium, or fee paid to any person or entity registered under 15 USC 80b-3 or 15 USC 78q-1 for services the performance of which require such registration, for services related thereto or for trust, custody, and related cash management and securities services of a trust company as defined in chapter 172; and (viii) a sale within the meaning of subsections (i) to (vii) facilitated by a marketplace facilitator.

"Sale at retail" or "retail sale", a sale of services or tangible personal property or both for any purpose other than resale in the regular course of business. When tangible personal property is physically delivered by an owner, a former owner thereof, a factor, or an agent or representative of the owner, former owner or factor, to the ultimate purchaser residing in or doing business in the commonwealth, or to any person for redelivery to the purchaser, pursuant to a retail sale made by a vendor not engaged in business in the commonwealth, the person making or effectuating the delivery shall be considered the vendor of that property, the transaction shall be a retail sale in the commonwealth by the person and that person, if engaged in business in the commonwealth, shall include the retail selling price in its gross receipts, regardless of any contrary statutory or contractual terms concerning the passage of title or risk of loss which may be expressly or impliedly applicable to any contract or other agreement or arrangement for the sale, transportation, shipment or delivery of that property. That vendor shall include the retail selling price of the property in the vendor's gross receipts. The term "sale at retail" or "retail sale" shall not include: (a) sales of tickets for admissions to places of amusement and sports; (b) sales of transportation services; (c) professional, insurance, or personal service transactions which involve no sale or which involve sales as inconsequential elements for which no separate charges are made; or (d) any sale in which the only transaction in the commonwealth is the mere execution of the contract of sale and in which the tangible personal property sold is not in the commonwealth at the time of such execution; provided, however, that nothing contained in this definition shall be construed to be an exemption from the tax imposed under chapter 64I. In the case of interstate telecommunication services other than mobile telecommunications services, the sale of such services shall be deemed a sale within the commonwealth if the telecommunication is either originated or received at a location in the commonwealth and the services are either paid for in the commonwealth or charged to a service address located in the commonwealth. In the case of interstate and intrastate mobile telecommunications services, the sale of such services shall be deemed to be provided by the customer's home service provider and shall be considered a sale within the commonwealth if the customer's place of primary use is located in the commonwealth. To prevent actual multi-state taxation of any sale of interstate telecommunication service subject to taxation under this chapter, any taxpayer, upon proof that the taxpayer has paid a tax in another state on such sale, shall be allowed a credit against the tax imposed by this chapter to the extent of the amount of such tax properly due and paid in such other state. However, such credit shall not exceed the tax imposed by this chapter. In the case of the sale or recharge of prepaid calling arrangements, the sale or recharge of such arrangements shall be deemed to be within the commonwealth if the transfer for consideration physically takes place at a retail establishment in the commonwealth. In the absence of such physical transfer for consideration at a retail establishment, the sale or recharge shall be deemed a retail sale within the commonwealth if the customer's shipping address is in the commonwealth or, if there is no item shipped, if the customer's billing address or the location associated with the customer's mobile telephone number, as applicable, is in the commonwealth. For purposes of collection of the tax imposed by this chapter on such sales, such sale shall be deemed to occur on the date that the bill is first issued by the vendor in the regular course of its business; provided, however, in the case of prepaid calling arrangements, the sale shall be deemed to occur on the date of the transfer for consideration. For purposes of reporting the sale or recharge of prepaid calling arrangements, the sale or recharge of the arrangements shall be considered a taxable sale of tangible personal property unless the vendor is otherwise required to report sales of telecommunications services.

"Sales price", the total amount paid by a purchaser to a vendor as consideration for a retail sale, valued in money or otherwise. In determining the sales price, the following shall apply: (a) no deduction shall be taken on account of (i) the cost of property sold; (ii) the cost of materials used, labor or service cost, interest charges, losses or other expenses; (iii) the cost of transportation of the property prior to its sale at retail; (b) there shall be included (i) any amount paid for any services that are a part of the sale; and (ii) any amount for which credit is given to the purchaser by the vendor; and (c) there shall be excluded (i) cash discounts allowed and taken on sales; (ii) the amount charged for property returned by purchasers to vendors upon rescission of contracts of sale when the entire amounts charged therefor, less the vendors' established handling fees, if any, for such return of property, are refunded either in cash or credit, and when the property is returned within 90 days from the date of sale, and the entire sales tax paid is returned to the purchaser; provided, however, that where a motor vehicle is returned pursuant to a rescission of contract such motor vehicle must be returned within 180 days of the date of sale; (iii) the amount charged for labor or services rendered in installing or applying the property sold; (iv) the amount of reimbursement of tax paid by the purchaser to the vendor under this chapter; (v) transportation charges separately stated, if the transportation occurs after the sale of the property is made; (vi) the amount of the manufacturers' excise tax levied upon motor vehicles under section 4061(a) of the Internal Revenue Code of 1954 of the United States, as amended; and (vii) a "service charge" or "tip" that is distributed by a vendor to service employees, wait staff employees or service bartenders as provided in section 152A of chapter 149.

"Services", a commodity consisting of activities engaged in by a person for another person for a consideration; provided, however, that the term "services" shall not include activities performed by a person who is not in a regular trade or business offering such person's services to the public, and shall not include services rendered to a member of an affiliated group, as defined by section 1504 of the Internal Revenue Code, by another member of the same affiliated group that does not sell to the public the type of service provided to its affiliate; and provided further, that the term services shall be limited to telecommunications services; and provided further, that nothing herein shall exempt from tax sales of tangible personal property subject to tax under this chapter.

"Tangible personal property", personal property of any nature consisting of any produce, goods, wares, merchandise and commodities whatsoever, brought into, produced, manufactured or being within the commonwealth, but shall not include rights and credits, insurance policies, bills of exchange, stocks and bonds and similar evidences of indebtedness or ownership. For purposes of this chapter, "tangible personal property" shall include gas, electricity and steam. A transfer of standardized computer software, including but not limited to electronic, telephonic or similar transfer, shall also be considered a transfer of tangible personal property. The commissioner may, by regulation, provide rules for apportioning tax in those instances in which software is transferred for use in more than one state.

"Tax", the excise tax imposed by this chapter.

"Taxpayer", any person required to make returns or pay the tax imposed by this chapter.

"Telecommunications services", any transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiberoptics, laser, microwave, radio, satellite or similar facilities but not including cable television. Telecommunications services shall be deemed to be services for purposes of this chapter and chapter 64I.

"Use of a service", enjoyment of the benefit of a service.

"Vendor", a retailer or other person selling tangible personal property or services of a kind the gross receipts from the retail sale of which are required to be included in the measure of the tax imposed by this chapter.

Section 32: Sales Tax Treatment of Marketplace Vendors 2

Said chapter 64H is hereby further amended by inserting after section 33 the following section:-

Section 34. (a) A remote retailer shall be subject to the registration, collection and remittance requirements of this chapter and chapters 62C and 64I as a vendor if its sales within the commonwealth in the prior taxable year or the current taxable year exceed $100,000.

(b) In the case of a remote marketplace facilitator, sales within the commonwealth shall include both the remote marketplace facilitator's direct sales and those sales facilitated on behalf of marketplace sellers. A remote marketplace facilitator whose sales within the commonwealth in the prior taxable year or the current taxable year exceed $100,000 shall report all taxable sales made through such marketplace and collect and remit tax on all such sales, whether such sales are direct sales by the marketplace facilitator or sales facilitated for a marketplace seller.

(c) In the case of a marketplace facilitator that is not a remote marketplace facilitator, sales within the commonwealth shall include both the marketplace facilitator's direct sales and those sales facilitated on behalf of marketplace sellers. A marketplace facilitator that is not a remote marketplace facilitator and whose sales within the commonwealth in the prior taxable year or the current taxable year exceed $100,000 shall report all taxable sales made through such marketplace and collect and remit tax on all such sales, whether such sales are direct sales by the marketplace facilitator or sales facilitated for a marketplace seller.

(d) If a marketplace facilitator reports, collects and remits tax on sales made by the marketplace facilitator on behalf of a remote marketplace seller, such sales shall not be counted as a part of the remote marketplace seller's sales within the commonwealth and the remote marketplace seller shall not be liable to report those sales.

(e) The commissioner shall issue regulations and other guidance to further explain the sales and use tax rules that pertain to remote retailers, including remote marketplace facilitators, and marketplace facilitators that are not remote marketplace facilitators. Such regulations and guidance shall include rules that further explain the requirements of this chapter and said chapters 62C and 64I as they pertain to marketplace sellers and marketplace facilitators, including rules that explain the rights and responsibilities of such sellers and facilitators with respect to each other. Such regulations and guidance may also include rules to aggregate the sales of related remote retailers with respect to the $100,000 threshold described in subsection (a).

(f) A marketplace facilitator may request and may be granted a waiver from the requirements of this section, at the discretion of the commissioner, if the following requirements are met:

(1) the marketplace facilitator submits a waiver application to the commissioner substantiating that, based on the facts and circumstances of the marketplace transaction, the marketplace facilitator can presume in good faith that the applicable taxes are collected and remitted by a marketplace seller required to be registered to collect tax under this section;

(2) the marketplace facilitator collects the applicable tax registration numbers of marketplace sellers transacting on the marketplace platform; provided, that said registration numbers shall be kept in the books and records of the marketplace facilitator and may be examined by the commissioner upon request;

(3) the marketplace seller is required to register to collect sales tax; and

(4) any other requirement established by the commissioner by regulation.

(g) For telecommunications services that are taxable under this chapter and chapter 64I, the commissioner may, at the commissioner's discretion, grant a waiver to allow a marketplace seller to collect and directly remit the applicable taxes on sales of such services to the department.

(h) If a waiver is granted pursuant to subsection (f) or (g):

(1) the tax levied under this section shall be (i) collected directly by the marketplace seller or by the marketplace facilitator on behalf of the marketplace seller and (ii) remitted by the marketplace seller(s);

(2) except as otherwise provided in paragraph (1), the marketplace facilitator shall not be required to collect and remit any applicable taxes or fees;

(3) the marketplace facilitator is relieved of liability for remittance of tax on the applicable sales made through the marketplace platform on behalf of those marketplace sellers; and

(4) a marketplace seller shall be subject to audit by the commissioner with respect to all retail sales for which it is required to remit tax.

(i) A marketplace facilitator shall be relieved from liability, including penalties and interest, for the incorrect collection or remittance of sales and use tax on transactions it facilitates or for which it is the seller if the error is due to reasonable reliance on (i) an invalid exemption certificate provided by the marketplace seller or the purchaser; (ii) incorrect information provided by the commonwealth; or (iii) incorrect information provided by the marketplace seller or purchaser regarding the tax classification or proper sourcing of an item or transaction, provided that the marketplace facilitator can demonstrate it made a reasonable effort to obtain accurate information from the marketplace seller or purchaser.

Section 33: Sales Tax Treatment of Marketplace Vendors 3

Section 1 of chapter 64I of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 4, the word "person" and inserting in place thereof the following words:- , "marketplace", "marketplace facilitator", "marketplace seller", "person", "remote marketplace facilitator", "remote marketplace seller", "remote retailer".

Section 34: Sales Tax Treatment of Marketplace Vendors 4

Section 4 of said chapter 64I, as so appearing, is hereby amended by inserting after the word "vendor", in line 1, the following words:- , including a remote retailer,.

Section 35: Sales Tax Treatment of Marketplace Vendors 5

Section 9 of said chapter 64I, as so appearing, is hereby amended by inserting after the word "vendor", in line 1, following words:- including a remote retailer.

Section 36: Charter School Facilities Component 1

Section 89 of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the word "district", in line 667, the following words:- , and a per pupil facilities component.

Section 37: Charter School Facilities Component 2

Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 738, the word "capital" and inserting in place thereof the following word:- facilities.

Section 38: Charter School Tuition Reimbursement

Subsection (gg) of said section 89 of said chapter 71, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The district's reimbursement shall be 100 per cent of the increase in the year in which the increase occurs, 60 per cent of the increase in the year following the increase and 40 per cent of the increase in the second year following the increase.

Section 39: Civil Motor Vehicle Citations 1

Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall cause the court filing fee to be transferred to the trial court department; provided, however, that the registrar may periodically retain an amount necessary to pay refunds of said fees for dispositions that result in findings of not responsible; and provided further, that the registrar may retain an amount not greater than $200,000 annually for personnel costs associated with the processing of those filing fees.

Section 40: Civil Motor Vehicle Citations 2

Said section 3 of said chapter 90C, as so appearing, is hereby further amended by inserting after the word "responsible", in line 85, the following words:- , which shall be communicated to the registrar.

Section 41: Lobster Processing 1

Chapter 94 of the General Laws is hereby amended by striking out section 77G, as so appearing, and inserting in place thereof the following section:-

Section 77G. Whoever cooks, buys, sells, offers or exposes for sale, gives away, or knowingly delivers, transports, ships, or receives for food purposes any lobster, or similar species of crustacea, or any part thereof, which is uncooked and dead, or which was cooked after it was dead, shall be punished by a fine of not less than $250 nor more than $500, or by imprisonment for not less than 10 nor more than 60 days, or both; provided, however, that it shall not be a violation of this section to cook, buy, sell, offer or expose for sale, give away or knowingly deliver, transport, ship or receive any lobster or part thereof processed for food by a person who has been licensed or certified under this section, as hereinafter provided.

The department of public health may license any person to process within the commonwealth lobsters in the shell of legal length for food by a method approved by it. The department shall from time to time adopt rules and regulations governing the processing of such lobsters and the sanitary conditions required for the establishment of a person licensed under this section.

Each container of lobsters processed by a method as herein provided shall bear a plainly marked label, which shall include the license number or name of the packer, and the date of the processing of said lobsters.

Section 42: Voluntary Contributions to the Vaccine Purchase Trust Fund

Section 24N of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the words "subsection (d)", in line 33, the following words:- , all money received as voluntary contributions to the fund, including but not limited to contributions from third party payers or third party administrators, as defined in section 1 of chapter 12C.

Section 43: Reproductive Health Facilities Public Information Campaign

Said chapter 111 is hereby further amended by inserting after section 237 the following section:-

Section 238. The department of public health shall develop and implement a public information campaign to promote awareness of reproductive health care facilities in the commonwealth, including those that offer or perform abortions. The campaign shall include, but not be limited to: (i) educating reproductive health care professionals, patients and the general public regarding any and all limitations placed on the use of federal Title X family planning program funds by the U.S. Department of Health and Human Services; (ii) establishing a website, translated into multiple languages, with comprehensive information on reproductive health care facilities in the commonwealth, including those that offer or perform abortions and providing information relating to costs and payment options; (iii) training licensed reproductive health care providers to refer all patients who are or may become pregnant to said website; and (iv) performing targeted outreach to appropriate populations who may lack access to information concerning reproductive health options in the commonwealth. As a part of this campaign, the department of public health shall only provide the specific location of health care facilities where abortions are offered or performed to the extent that doing so does not impede the safety or security of persons who attempt to access such facilities. The department of public health shall monitor and analyze any changes to the distribution and availability of reproductive health services in the commonwealth and shall share this data with the health planning council and the health disparities council.

Section 44: Senior Care Options Enrollment

Subsection (b) of section 9D of chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- For purposes of this section, an individual is deemed to reach the age of 65 on the first day of the month in which the individual's 65th birthday occurs.

Section 45: Senior Care Options Disenrollment

Said section 9D of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 64, the word "The", the second time it appears, and inserting in place thereof the following words:- To the extent consistent with federal law and regulations, the.

Section 46: MassHealth Drug Pricing 2

Said chapter 118E is hereby further amended by inserting after section 12 the following section:

Section 12A. (a) As used in this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:

"Manufacturer", an entity that manufactures a pharmaceutical drug covered by MassHealth.

(b) Notwithstanding any general or special law to the contrary and subject to required federal approvals, the executive office of health and human services may directly negotiate supplemental rebate agreements with manufacturers; provided that the executive office shall not be subject to any otherwise applicable requirements set forth in 801 CMR 21.00 or any successor regulation; and provided further, that such agreements maximize value to the commonwealth. Such agreements may be based on the value, efficacy or outcomes of the drug. Prior to seeking a supplemental rebate agreement with a manufacturer, the executive office shall take into consideration a drug's actual cost to the commonwealth and whether the manufacturer is providing significant discounts relative to other drugs covered by MassHealth.

A manufacturer may request to enter into negotiations for a supplemental rebate agreement for a prescription drug; provided, however, that the executive office may prioritize other negotiations or refuse to enter into said negotiations. Nothing in this paragraph shall preclude the executive office from entering into a supplemental rebate agreement with a manufacturer at a later date.

(c) In the event a manufacturer and the executive office are unable to successfully conclude negotiations for a supplemental rebate agreement pursuant to subsection (b) and the drug that is the subject of the negotiations is projected to exceed a post-rebate cost per utilizer of $25,000 per year or a post-rebate aggregate annual cost to MassHealth of $10,000,000, the executive office may identify a proposed value of the drug and may afford interested persons an opportunity to present data, views or arguments, and, at the option of the secretary of health and human services, hereinafter the secretary, hold a public hearing as to the proposed value of the drug; provided, however, that any proposed value used by the executive office when identifying a proposed supplemental rebate amount shall be provided to the manufacturer.

In establishing the proposed supplemental rebate or proposed value with respect to a drug, the executive office may consider factors including, but not limited to, clinical efficacy and outcomes, information relating to the pricing of the drug, including but not limited to information relating to prices paid by other developed nations, the drug's net price to the Medicaid program as compared to its therapeutic benefits, including but not limited to the seriousness and prevalence of the disease or condition that is treated by the drug, the extent of utilization of the drug, the likelihood that the use of the drug will reduce the need for other medical care, the number of manufacturers that produce the drug, whether there are pharmaceutical equivalents of the drug, analyses by independent third parties, any information supplied by the manufacturer and other appropriate measures.

The executive office shall provide at least 30 days' notice to the manufacturer and the public prior to the date of the hearing. All testimony at the public hearing shall be provided under oath and shall be subject to examination by the executive office in a manner and form determined by the executive office.

After consideration of such information, including but not limited to the public comments or testimony received, the executive office shall make any necessary updates to the proposed value for the drug. The executive office may engage the manufacturer of the drug in further negotiations under subsection (b) at any point during this process, and shall, at minimum, solicit further negotiations with the drug manufacturer after identifying the proposed value amount for the drug. The executive office shall not disclose any confidential or proprietary information, including but not limited to drug rebate or manufacturer's pricing information, in a manner prohibited by 42 U.S.C. 1396r-8(b)(3)(D) or in a manner that is likely to compromise the financial, competitive or proprietary nature of the information.

(d) Any information provided by the manufacturer for the purposes of negotiating supplemental rebate agreements shall not be considered public records under section 7 of chapter 4 or chapter 66 and shall be regarded as confidential and proprietary.

(e) If the executive office relies upon any third party to provide cost-effectiveness analysis or research related to the supplemental rebate amount or proposed value, such analysis or research shall also include, but not be limited in scope to: (i) a description of the methodologies and models used in its analysis; (ii) any assumptions and potential limitations of research findings in the context of the results; and (iii) a reflection of outcomes for affected subpopulations that utilize the drug.

(f) Any information, analyses or reports regarding a particular drug reviewed or used in creating the supplemental rebate or proposed value shall be provided to the manufacturer of the drug for review and input. The executive office shall consider any clarifications or data provided by the manufacturer with respect to its drug.

(g) In the event a manufacturer and the executive office are unable to successfully conclude negotiations for a supplemental rebate agreement pursuant to subsection (b) after the process set forth in subsection (c), the executive office may refer the drug manufacturer to the health policy commission for review under section 8A of chapter 6D; provided, however, that if the executive office refers the manufacturer to the health policy commission, the secretary shall provide notice of a referral to the health policy commission for review under said section 8A of said chapter 6D.

The executive office may disclose any records that describe or relate to the manufacturer's pricing of any such drugs that are the subject of a supplemental rebate negotiation to the health policy commission after providing notice to the manufacturer of the referral for review under said section 8A of said chapter 6D; provided, however, that such disclosures are consistent with 42 U.S.C. 1396r-8(b)(3)(D).

(h) In the event that the executive office and the manufacturer agree to a supplemental rebate for a drug pursuant to subsection (b) or as otherwise allowed under applicable state and federal laws, the executive office shall not initiate further negotiations for enhanced rebates for the drug, and the manufacturer shall not be referred to the commission with respect to the drug, for the duration of the rebate agreement.

(i) Annually, not later than October 15, the executive office shall report in a manner consistent with 42 U.S.C. 1396r-8(b)(3)(D) on activities conducted pursuant to this section including, but not limited to: (i) the amount of supplemental rebates received under this section; (ii) the number of drugs receiving a supplemental rebate under this section, broken down by manufacturer; and (iii) a breakdown of the duration of the supplemental rebates received. The report shall be filed with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means.

(j) The executive office shall adopt any written policies, procedures or regulations necessary to implement this section.

Section 47: Safety Net Hospitals 340B Prescription Drug Purchase Prices

Said chapter 118E is hereby further amended by inserting after section 13K the following section:-

Section 13L. The secretary of health and human services, hereinafter "the secretary", shall not restrict or limit an eligible hospital's access to the discounted purchase of prescription drugs to the full extent permitted under section 340B of the Public Health Service Act, as codified under 42 U.S.C. 256b unless the secretary provides the following not less than 270 days before the proposed effective date of the limitation or restriction: (i) notice to eligible hospitals of the proposed restriction or limitation; and (ii) a report with the joint committee on health care financing and the senate and house committees on ways and means detailing: (A) the proposed restriction or limitation; (B) the anticipated aggregate savings to the commonwealth; (C) the estimated fiscal impact of the restriction or limitation on each affected hospital; and (D) the manner in which the secretary plans to mitigate the fiscal impact, which may include measures to maintain savings already achieved by providers under said 42 U.S.C. 256b.

Section 48: Expanded Medicare Saving Programs 1

Said chapter 118E is hereby further amended by inserting after section 25 the following section:-

Section 25A. (a) For individuals 65 years of age or older, the division shall not consider income in an amount equivalent to 30 per cent of the federal poverty level or assets in an amount equivalent to the federal resource limit for the Medicare Saving programs, each as adjusted annually, in determining eligibility for the Qualified Medicare Beneficiary, Specified Low-Income Medicare Beneficiary and Qualified Individual programs, described in 42 U.S.C. section 1396a(a)(10)(E) and also known as the Medicare Saving or Medicare Buy-In programs. Enrollment in the Qualified Individual program shall be capped if the federal allotment for the program is exhausted.

(b) Prior to implementing subsection (a), the division shall obtain all required federal approvals, including amending its state plan, and shall promulgate regulations to implement this section.

Section 49: Long Term Care Insurance Effective Period

Section 33 of said chapter 118E, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word "purchased", in line 7, the following words:- or at any time thereafter.

Section 50: Retroactive Claims Denials for Behavioral Health Services 2

Said chapter 118E is hereby further amended by inserting after section 38 the following section:-

Section 38A. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Behavioral health services", as defined in section 1 of chapter 175, or "services".

"Provider", (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide services and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the division or managed care entity.

"Retroactive claims denial", the denial of a previously paid claim for services that results in: (i) the requirement to repay the claim; (ii) the imposition of a reduction in other payments; or (iii) a withholding or affects future payments owed to a provider in order to recoup payment for the denied claim.

(b) The division or an entity with which the division contracts to provide or manage health insurance benefits, including mental health and substance use disorder services, shall not impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the division or other entity responsible for payment; (ii) the division or other entity has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or any other corrective action required for payment of the claim; and (iii) where applicable, the division or other entity responsible for payment allows the provider 30 days to submit additional documentation or to take any other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim payment is subject to adjustment due to expected payment from another payer other than the division or an entity with which the division contracts to provide or manage health insurance benefits, including mental health and substance use disorder services; (iii) the claim, or services for which the claim was submitted, is the subject of legal action; (iv) the claim payment was incorrect because the provider or the insured was already paid for the services identified in the claim; (v) the services identified in the claim were not delivered by the provider; or (vi) the services were not delivered in accordance with MassHealth regulations.

(d) If a retroactive claims denial is imposed under clause (ii) of subsection (c), the division or other entity shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the division shall allow for resubmission of the claim.

Section 51: Lobster Processing 2

Section 44 of chapter 130 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

If the measurement of any such lobster taken from 1 or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. In all prosecutions under this section, any mutilation of any lobster which affects its measurement as aforesaid shall be prima facie evidence that the lobster was or is less than the required length; provided, however, that the director shall, by regulation approved by the marine fisheries advisory commission, allow the onshore processing in the commonwealth of live lobsters of legal length into shell-on lobster parts and the importation of shell-on lobster parts for processing by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94. Processed shell-on lobster parts may be possessed, sold or offered for sale in the commonwealth by any wholesale dealer, retail dealer or food establishments and such food product may be possessed by a consumer. The processing, possession or sale of shell-on lobster tails pursuant to this section shall be limited to shell-on lobster tails weighing 3 ounces or more. The packaging of processed shell-on lobster parts, including tails, pursuant to this section as a food product shall be labeled in accordance with applicable federal and state laws and regulations. This section shall not apply to common carriers having lobster in possession for the purpose of transportation.

Section 52: George L. Darey Inland Fisheries and Game Fund Naming

Section 2C of chapter 131 of the General Laws, as so appearing, is hereby further amended by striking out, each time they appear, the words "Inland Fisheries and Game Fund", in lines 8, 14 and 15, and inserting in place thereof the following words:- George L. Darey Inland Fisheries and Game Fund.

Section 53: Retroactive Claims Denials for Behavioral Health Services 3

Section 1 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Commissioner" and inserting in place thereof the following 2 definitions:-

"Behavioral health services", mental health and substance use disorder prevention, recovery and treatment services including, but not limited to, inpatient, 24-hour levels of care, 24-hour and non-24-hour diversionary levels of care, intermediate levels of care and outpatient services.

"Commissioner", the commissioner of insurance.

Section 54: Retroactive Claims Denials for Behavioral Health Services 4

Said section 1 of said chapter 175, as so appearing, is hereby further amended by inserting after the definition of "Resident" the following definition:-

"Retroactive claims denial", an action by an insurer, an entity with which the insurer subcontracts to manage behavioral health services or an entity with which the insurer has entered into an administrative services contract or a contract to manage behavioral health services to deny a previously paid claim for such services and to require repayment of the claim or to impose a reduction in other payments or otherwise withhold or affect future payments owed to a provider in order to recoup payment for the denied claim.

Section 55: Retroactive Claims Denials for Behavioral Health Services 5

Section 108 of said chapter 175, as so appearing, is hereby amended by adding the following subdivision:-

14. (a) For the purposes of this section, "provider" shall mean (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide behavioral health services and who has provided such services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from an insurer or other entity.

(b) No insurer or other entity shall impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the insurer or other entity responsible for payment; (ii) the insurer or other entity has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or other any corrective action required for payment of the claim; and (iii) where applicable, the insurer or other entity responsible for payment allows the provider 30 days to submit additional documentation or to take other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim, or behavioral health services for which the claim was submitted, is the subject of legal action; (iii) the claim payment was incorrect because the provider was paid or the insured has already paid for the behavioral health services identified in the claim; or (iv) the behavioral health services identified in the claim were not delivered by the provider.

(d) If a retroactive claims denial is imposed because the claim payment is subject to adjustment due to expected payment from a payer other than the insurer or an entity with which the insurer contracts to provide or manage health insurance benefits, including mental health and substance use disorder services, the insurer or other entity shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the insurer shall allow for resubmission of the claim.

Section 56: Retroactive Claims Denials for Behavioral Health Services 6

Chapter 176A of the General Laws is hereby amended by inserting after section 8A the following section:-

Section 8A3/4. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Behavioral health services", as defined in section 1 of chapter 175, or "services".

"Provider", (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide services and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the commission or other entity.

"Retroactive claims denial", as defined in section 1 of chapter 175.

(b) The corporation shall not impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the corporation; (ii) the corporation has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or any other corrective action required for payment of the claim; and (iii) where applicable, the corporation allows the provider 30 days to submit additional documentation or to take any other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim, or services for which the claim was submitted, is the subject of legal action; (iii) the claim payment was incorrect because the provider was paid or the insured has already paid for the services identified in the claim; or (iv) the services identified in the claim were not delivered by the provider.

(d) If a retroactive claims denial is imposed because the claim payment is subject to adjustment due to expected payment from a payer other than the corporation or an entity with which the insurer contracts to provide or manage health care services, including mental health and substance use disorder services, the corporation shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the corporation shall allow for resubmission of the claim.

Section 57: Retroactive Claims Denials for Behavioral Health Services 7

Chapter 176B of the General Laws is hereby amended by inserting after section 7C the following section:-

Section 7D. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Behavioral health services", as defined in section 1 of chapter 175, or "services".

"Provider", (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide services and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the commission or other entity.

"Retroactive claims denial", as defined in section 1 of chapter 175.

(b) A corporation shall not impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the corporation; (ii) the corporation has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or any other corrective action required for payment of the claim; and (iii) where applicable, the corporation allows the provider 30 days to submit additional documentation or to take any other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim, or services for which the claim was submitted, is the subject of legal action; (iii) the claim payment was incorrect because the provider was paid or the insured has already paid for the services identified in the claim; or (iv) the services identified in the claim were not delivered by the provider.

(d) If a retroactive claims denial is imposed because the claim payment is subject to adjustment due to expected payment from a payer other than the corporation or an entity with which the corporation contracts to provide or manage health care services, including mental health and substance use disorder services, the corporation shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the corporation shall allow for resubmission of the claim.

Section 58: Retroactive Claims Denials for Behavioral Health Services 8

Chapter 176G of the General Laws is hereby amended by inserting after section 6A the following section:-

Section 6B. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Behavioral health services", as defined in section 1 of chapter 175, or "services".

"Provider", (i) a mental health clinic or substance use disorder treatment program licensed by the department of public health under chapters 17, 111, 111B or 111E; or (ii) a behavioral, substance use disorder or mental health professional who is licensed under chapter 112 and accredited or certified to provide services and who has provided services under an express or implied contract or with the expectation of receiving payment, other than co-payment, deductible or co-insurance, directly or indirectly from the commission or other entity.

"Retroactive claims denial", as defined in section 1 of chapter 175.

(b) An insurer or other entity shall not impose a retroactive claims denial for behavioral health services on a provider unless: (i) less than 12 months have elapsed from the time of submission of the claim by the provider to the insurer or other entity; (ii) the insurer or other entity has furnished the provider with a written explanation of the reason for the retroactive claims denial and, where applicable, a description of additional documentation or any other corrective action required for payment of the claim; and (iii) where applicable, the insurer or other entity responsible for payment allows the provider 30 days to submit additional documentation or to take any other corrective action required for payment of the claim.

(c) Notwithstanding subsection (b), a retroactive claims denial may be allowed after 12 months if: (i) the claim was submitted fraudulently; (ii) the claim, or services for which the claim was submitted, is the subject of legal action; (iii) the claim payment was incorrect because the provider was paid or the insured has already paid for the services identified in the claim; or (iv) the services identified in the claim were not delivered by the provider.

(d) If a retroactive claims denial is imposed because the claim payment is subject to adjustment due to expected payment from a payer other than the insurer or other entity with which the insurer contracts to provide or manage health care services, including mental health and substance use disorder services, the insurer or other entity shall notify the provider not less than 15 days before imposing the retroactive claims denial. The provider shall have 12 months from the date of denial to determine whether the claim is subject to payment by a secondary insurer; provided, however, that if the claim is denied by the secondary insurer due to the insured's transfer or termination of coverage, the insurer shall allow for resubmission of the claim.

Section 59: ACA Waiver Notice Requirement

Section 3 of chapter 176Q of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the figure "18052", in line 170, the following words:- ; provided, however, that all applications shall be submitted to the joint committee on health care financing and the house and senate committees on ways and means not less than 60 days before the submission to the United States Secretary of Health and Human Services; and provided further, that the board shall report quarterly to the joint committee on health care financing and the house and senate committees on ways and means on the status of active applications submitted pursuant to this clause.

Section 60: Trial Court Transferability

The third paragraph of section 9A of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out clause (xiii) and inserting in place thereof the following clause:-

(xiii) notwithstanding any general or special law to the contrary, the court administrator may transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator shall not transfer more than 5 per cent of funds from items 0339-1001 or 0339-1003 to any other item of appropriation within the trial court; provided further, that the transfers shall be made in accordance with schedules submitted to the senate and house committees on ways and means, which shall include: (1) the amount of money transferred from any item of appropriation to any other item of appropriation; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer shall be completed; and provided further, that a transfer under this clause shall not occur until 10 days after the revised funding schedules have been submitted in writing to the senate and house committees on ways and means.

Section 61: Mental Health Representation Consideration

The second paragraph of section 34E of chapter 221 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences:- No question of whether representation is authorized under this section shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by the committee or a member of its staff. A litigant in such a proceeding may refer such question to the chair of the committee, who shall review the matter in consultation with other committee members, dispose of the question promptly, and take appropriate action.

Section 62: TAFDC Reforms 1

Section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out subsection (b), as most recently amended by section 53 of chapter 154 of the acts of 2018, and inserting in place thereof the following subsection:-

(b) A family shall be eligible for assistance if its maximum allowable countable resources do not exceed $5,000 and upon meeting all other eligibility criteria; provided, however, that the value of 1 vehicle shall not count toward the family's countable resources; and provided further, that an assistance unit shall be allowed the value and balance of a college savings plan established and maintained pursuant to, or consistent with, section 529 of the Internal Revenue Code.

The department shall exclude from a family's countable resources any earned income of dependent children of the family who are working part time while attending school full time. The department shall promulgate regulations in accordance with this section, including, but not limited to, revising clause (2) of subsection (D) of 106 CMR 204.210.

Section 64: Worcester Fire Safety PAC

Item 8324-0000 of section 2 of chapter 154 of the acts of 2018 is hereby amended by inserting after the word "Worcester" the following words:- , provided, that said funds for fire safety equipment in the city of Worcester shall be available for expenditure through July 1, 2020.

Section 65: Paid Family and Medical Leave Reimbursement

Item 7003-0300 of section 2A of chapter 273 of the acts of 2018 is hereby amended by adding the following words:- ; provided, that notwithstanding any general or special law to the contrary, upon receipt of sufficient contributions to the Family and Employment Security Trust Fund established in section 7 of chapter 175M of the General Laws, the department shall reimburse the General Fund for the total amount of this appropriation.

Section 66: Massachusetts School Building Authority Rates

Notwithstanding section 10 of chapter 70B of the General Laws or any other general or special law to the contrary, in determining the grant percentage for approved school projects for calendar year 2019 and calendar year 2020, the Massachusetts School Building Authority shall calculate the community poverty factor by examining the proportion of economically disadvantaged students from calendar year 2014 to the present and assigning whichever year's factor is the highest as determined by the department of elementary and secondary education.

Section 67: MassHealth Dental Coverage

Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2020, the executive office of health and human services may determine, subject to required federal approval, the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002; provided, however, that dental services for adults enrolled in MassHealth shall be covered at least to the extent they were covered as of June 30, 2019; and provided further, that notwithstanding any general or special law to the contrary, at least 45 days before restructuring any MassHealth dental benefits, the executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of the changes.

Section 68: CPCS Hour Caps

Notwithstanding subsections (b), (c) and (d) of section 11 of chapter 211D of the General Laws, in fiscal year 2020 the committee for public counsel services may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases if the committee finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) there is limited availability of qualified counsel in a geographic area; or (iii) increasing the limit would improve efficiency and quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not bill more than 2,000 billable hours. It shall be the responsibility of an individual attorney to manage the attorney's billable hours.

Section 69: Offshore Wind Procurement Pricing

Notwithstanding subsection (b) of section 83C of chapter 169 of the acts of 2008, inserted by chapter 188 of the acts of 2016, the department of public utilities shall not approve a long-term contract for offshore wind energy generation that results from a subsequent solicitation and procurement period if the levelized price per megawatt hour, plus associated transmission costs, is greater than or equal to the adjusted levelized price per megawatt hour, plus transmission costs, that resulted from a previous procurement; provided, however, that the department shall adjust such procurement's price for the availability of federal tax credits, inflation and incentives; and provided further, that the adjusted levelized price shall not include mitigation efforts that, where feasible, create and foster employment and economic development in the commonwealth.

Section 70: Gaming Revenue 3

Notwithstanding any general or special law to the contrary, in fiscal year 2020 the comptroller shall transfer the unexpended balance of the Local Aid Stabilization Fund established in section 2CCCC of chapter 29 of the General Laws to the Gaming Local Aid Fund established in section 63 of chapter 23K of the General Laws.

Section 71: Other Post-Employment Benefits Liability

(a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0015 and 0699-9100 of section 2 shall be deposited into the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws before the certification of the fiscal year 2020 consolidated net surplus under section 5C of chapter 29 of the General Laws. The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2020 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if in fiscal year 2019 the unexpended balances of said items 0699-0015 and 0699-9100 of said section 2 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2020 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement.

(b) Notwithstanding any general or special law to the contrary, the payment percentage set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2020.

Section 72: Pension Cost of Living Adjustment

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 pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' retirement system and the state teachers' retirement system, 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 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 rules that shall be adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions of retired teachers, including any other obligation that the commonwealth has assumed on behalf of a retirement system other than the state employees' retirement system or state teachers' retirement system, including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. The payments under this section shall be made only pursuant to distribution of money from the Commonwealth's Pension Liability Fund and any distribution, and the payments for which distributions are required, shall be detailed in a written report filed quarterly by the secretary of administration and finance with the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on public service in advance of the distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. If the amount transferred pursuant to subdivision (1) of 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 established in subdivision (8) of section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.

Section 73: Special Education Rates

Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division shall determine prices for programs under chapter 71B of the General Laws in fiscal year 2020 by increasing the final fiscal year 2019 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to subsection (4) of 808 CMR 1.06. The division shall accept applications for program reconstruction and special circumstances in fiscal year 2020. The division shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau, by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under section 22N of chapter 7 of the General Laws, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.

Section 74: HR Consolidation 2

(a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance and the executive office of energy and environmental affairs shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the functions of state government designated as core administrative functions under section 2 of chapter 21A of the General Laws from the transferor agency to the transferee agency, defined as follows: (1) the department of environmental protection, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (2) the department of public utilities, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (3) the department of conservation and recreation, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (4) the department of agricultural resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (5) the department of energy resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; and (6) the department of fish and game, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency.

(b) The employees of each transferor agency performing the functions designated as core administrative functions under section 2 of chapter 21A of the General Laws, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without interruption of service, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits and without change in union representation or certified collective bargaining unit as certified by the department of labor relations or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, both as relating to the functions designated as core administrative functions under section 2 of said chapter 21A, shall continue unabated and remain in force, but shall be assumed and completed by the executive office of energy and environmental affairs.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency as relating to the functions designated as core administrative functions under said section 2 of said chapter 21A, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the executive office of energy and environmental affairs.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, as relating to the functions designated as core administrative functions under said section 2 of said chapter 21A, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the executive office of energy and environmental affairs.

(f) All duly existing contracts, leases and obligations of each transferor agency as relating to the functions designated as core administrative functions under said section 2 of said chapter 21A shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.

Section 75: Expanded Medicare Saving Programs 2

Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of health and human services, may transfer not more than a total of $7,500,000 from the prescription advantage program in item 9110-1455 of section 2 and the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws in fiscal year 2020 to support the Medicare Savings or Medicare Buy-In programs established in section 25A of chapter 118E of the General Laws; provided, however, that the secretary of health and human services shall certify to the senate and house committees on ways and means, not less than 45 days in advance of the transfer, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer.

Section 76: Health Safety Net Administration

Notwithstanding any general or special law to the contrary, payments from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the Social Security Act, 42 U.S.C. 1315, or as an adjustment to service rate payments under Title XIX and XXI of the Social Security Act or a combination of both. Other federally-permissible funding mechanisms available for certain hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $70,000,000 of uncompensated care pursuant to said section 66 and section 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.

Section 77: Initial Gross Payments to Qualifying Acute Care Hospitals

Notwithstanding any general or special law to the contrary, not later than October 1, 2019 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to this act, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2019. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2020, the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office.

Section 78: Inspector General's Health Care Audits

Notwithstanding any general or special law to the contrary, in hospital fiscal year 2020, the office of inspector general may expend up to a total of $1,000,000 from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws for costs associated with maintaining a health safety net audit unit within the office. The unit shall continue to oversee and examine the practices in hospitals including, but not limited to, the care of the uninsured and the resulting free charges. The unit shall also study and review the Medicaid program under said chapter 118E including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the chairs of the senate and house committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2020.

Section 79: Nursing and Resident Care Facility Base Year

Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates to be effective on October 1, 2019 under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2007 or any subsequent year that the secretary of health and human services may select.

Section 80: Transfers between Health Funds

(a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance shall transfer not more than $15,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws.

(b) The transfer required from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund under subsection (b) of section 189 of chapter 149 of the General Laws shall not apply in fiscal year 2020.

Section 81: FY 2019 Consolidated Net Surplus

Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2019 in the following order of precedence: (i) an amount not more than $10,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (ii) an amount not more than $20,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.

Section 82: RTA Memorandum of Understanding

Notwithstanding any special or general law to the contrary, for fiscal year 2020, each regional transit authority receiving state assistance pursuant to item 1595-6370 of section 2E and the Massachusetts Department of Transportation, hereinafter referred to as the department, shall develop a bilateral memorandum of understanding; provided however, that the memorandum of understanding and distribution of base revenue and any additional assistance or inflation increase shall be executed and distributed not less than 45 days after the effective date of this act. Of the amount required to be transferred to regional transit authorities under item 1595-6370 of section 2E, $3,500,000 shall be conditioned on the execution of a memorandum of understanding by a regional transit authority and the department and distributed as performance grants to regional transit authorities that best demonstrate compliance with or commitment to the service decisions, quality of service and environmental sustainability recommendations from the report of the task force on regional transit authority performance and funding established pursuant to section 72 of chapter 154 of the acts of 2018.

Any disputes about the content of a memorandum of understanding shall be reviewed by the secretary of transportation and, if agreement cannot be reached, then referred for resolution to a 3 person committee consisting of the secretary of transportation, a member representing the Massachusetts Association of Regional Transit Authorities who is not an employee or board member of the regional transit authority whose memorandum of understanding is in dispute and a third person selected by the other 2 members. A regional transit authority that does not enter into a memorandum of understanding for fiscal year 2020 within 60 days of the effective date of this act shall receive the same amount of money apportioned to the regional transit authority under item 1595-6370 in fiscal year 2019 until such time as agreement is reached on a memorandum of understanding or the dispute is resolved pursuant to the aforementioned dispute resolution process, whichever comes first; and provided further, that for the purposes of this section, funding provided pursuant to section 72 of chapter 154 of the acts of 2018 shall not be considered a part of the money apportioned to a regional transit authority under item 1595-6370 in fiscal year 2019.

Based on a system of performance metrics established by the department, a memorandum of understanding shall incorporate performance targets most relevant to the regional transit authority's unique system in the following categories: ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery. Performance targets shall be measured against regional transit authority established baselines. Each memorandum of understanding shall also include agreed upon timelines for implementation and shall not be punitive.

The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile collected data into a report on the performance of regional transit authorities and each authority's progress toward meeting the performance metrics established in the memorandum of understanding. The report shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than July 1, 2020.

Section 83: Lynn Blue Line Expansion Study

(a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study relative to extending rapid transit service from the current terminus of the Massachusetts Bay Transportation Authority's Blue Line at Wonderland Station in the city of Revere to the Massachusetts Bay Transportation Authority commuter rail station in the city of Lynn.

(b) The study shall examine and evaluate the costs and economic opportunities related to extending Blue Line service or otherwise expanding rapid transit service from the city of Revere to the city of Lynn including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating on existing rights of way and other operational issues; (v) the environmental and community impact estimates; (vi) the availability of federal, state, local and private sector funding sources; (vii) the environmental and social justice benefits and burdens specific to the demographics of the region; (viii) regional equity in rapid transit investments in the commonwealth; and (viii) the potential economic, social and cultural benefits to the greater north shore region and the commonwealth as a whole.

(c) The department shall file the report with the clerks of the house and senate, the house and senate committee on ways and means and the joint committee on transportation not later than March 31, 2020.

Section 84: North Adams, Greenfield and Boston Rail Study

Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study of rail access between the cities of North Adams and Boston.

The study shall examine and evaluate the costs and economic opportunities related to establishing rail service between the cities of North Adams and Greenfield and the cities of Greenfield and Boston including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating rail service on existing rights of way and other operational issues; (v) an estimate of the environmental impact and benefits; (vi) an analysis of community impact and benefits; (vii) the potential sources and availability of federal, state, local and private sector funding; and (viii) the resulting economic, employment, social and cultural benefits to Franklin and Berkshire counties and the commonwealth as a whole.

The department shall file the report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on transportation not later than June 1, 2021.

Section 85: Childhood Lead Poisoning Study

Notwithstanding any general or special law to the contrary, the department of public health shall conduct an analysis of: (i) surcharges established under section 22 of chapter 482 of the acts of 1993, including projected revenues from the surcharges; (ii) a comparison of actual revenues with the amount of revenue necessary to provide all eligible children with the legally-mandated services and to conduct activities to prevent elevated blood lead levels; and (iii) a comparison of how states with comparable housing stock finance childhood lead poisoning prevention programs. The department shall file its findings with the clerks of the senate and house of representatives, the joint committee on public health, the joint committee on revenue and the senate and house committees on ways and means not later than November 1, 2019.

Section 86: Gaming Revenue 1

Notwithstanding any general or special law to the contrary, in fiscal year 2020 the amount of category 1 gaming revenue specified in subclause (j) of clause (2) of section 59 of chapter 23K of the General Laws shall be credited to the Commonwealth Transportation Fund, established in section 2ZZZ of chapter 29 of the General Laws.

Section 87: Norfolk County Retirement Board Administrative Office Purchase

The Norfolk county retirement board may, in accordance with guidelines established by the public employee retirement administration commission, and in accordance with chapter 30B of the General Laws, purchase an appropriate real property located within Norfolk county to use for the administrative office of the Norfolk county retirement system and may purchase or lease equipment and employ any personnel as necessary for the proper administration and transaction of the business of the retirement system.

Section 88: Pregnancy Related Death Reduction Pilot Program

The health policy commission, in consultation with the department of public health and the Betsy Lehman center for patient safety and medical error reduction, shall implement a 2-year pilot program to reduce pregnancy-related deaths and improve pregnancy outcomes. The commission shall consider evidence-based practices from successful programs implemented nationally and internationally in the development of the program. The department of public health shall provide relevant data to the commission in order to determine scope and scale of the program, including data on volume and prevalence of pregnancy-related deaths. The commission shall select implementation sites through a competitive process in which applicants shall demonstrate: (i) community need; (ii) the capacity to address preventable causes of complications and death related to pregnancy and child birth; (iii) the ability to facilitate care coordination among health care providers; and (iv) a plan to formalize relationships between health care providers, including hospitals and community-based care providers. The commission shall collect data to gauge the success of the program in decreasing pregnancy-related deaths and track trends within the patient population, including, but not limited to, variance by age, race, and co-morbidities. The commission shall issue a report annually, on or before June 30, to the joint committee on public health and the clerks of the house of representatives and the senate, which shall include program progress updates and outcomes data.

Section 89: Restaurant Promotion Commission

There shall be a special commission, known as the Restaurant Promotion Commission to review and develop recommendations and best practices for the promotion and continued growth and vitality of the restaurant industry in the commonwealth. The commission shall consist of the following 11 members: the house and senate chairs of the joint committee on tourism, arts and cultural development; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the president of the senate; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and the executive director of the Massachusetts office of travel and tourism, or their designee, who shall serve as chair of the commission.

The commission shall examine ways to increase promotion of and visitation to restaurants operating in the commonwealth, including but not limited to: challenges to maintaining and operating restaurants, including issues related to the training, development and retention of the industry's workforce; barriers to establishing new restaurants; licensing and permitting issues impacting emerging business models; strategies for increased marketing to attract visitors to the commonwealth's restaurants; and strategies for cross-promotional partnerships, including but not limited to partnerships with the hospitality, agriculture and seafood industries. The commission shall consider successful programs and national and local best practices.

The commission shall recommend programs for the use of the funds available in item 7008-1024. The commission shall hold its first meeting not later than 30 days after the effective date of this act and shall meet not less frequently than monthly thereafter. The commission shall hold meetings in various geographic regions of the commonwealth. The chair of the commission shall work to facilitate information and data requests of the commission members, ensure that the work of the commission incorporates feedback from the industry statewide and coordinate interagency cooperation. The commission shall submit a report of its review and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the house of representatives and the senate not later than January 31, 2020.

Section 90: Civil Forfeiture Commission

There shall be a special commission governed by section 2A of chapter 4 of the General Laws to study civil asset forfeiture policies and practices in the commonwealth. The commission shall consist of the following 21 members: the house and senate chairs of the joint committee on the judiciary, who shall serve as co-chairs of the commission; the house and senate chairs of the joint committee on public safety and homeland security; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; the attorney general or a designee; the secretary of public safety and security or a designee; the chair of the Massachusetts commission against discrimination or a designee; the chief justice of the supreme judicial court or a designee; the president of the Massachusetts Sheriffs Association, Inc. or a designee; the president of the Massachusetts District Attorney Association or a designee; the chief counsel of the committee for public counsel services or a designee; the colonel of state police or a designee; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers, Inc.; a representative from the State Police Association of Massachusetts; a representative from the American Civil Liberties Union of Massachusetts, Inc.; a representative from the Boston branch of the National Association for the Advancement of Colored People and a representative from the Massachusetts Chiefs of Police Association.

The study shall include, but not be limited to: (i) an evaluation of the standard of proof required for law enforcement in the commonwealth to establish that property seized is related to a crime, as compared to the standard imposed in other states; (ii) a review of current documentation and reporting obligations for law enforcement, including the extent to which law enforcement records whether the property's owner was charged with or convicted of a crime, and any recommendations for enhanced or additional reporting requirements; (iii) an analysis of the scope of civil asset forfeiture in the commonwealth, including an estimate of the total value of assets seized annually, the average value of assets seized in a case and a breakdown by percentage of the underlying offenses giving rise to the forfeiture; (iv) an examination of how civil asset forfeiture proceeds are allocated and spent in the commonwealth; (v) an evaluation of the process by which property owners may challenge a seizure, including the percentage of seizure proceedings challenged annually, the percentage of successful challenges and the average cost of bringing a challenge; (vi) an analysis of any racial or socioeconomic disparities in the application of civil asset forfeiture laws in the commonwealth; and (vii) a review of best practices undertaken in other states.

The commission shall hold its first meeting not later than 30 days after the effective date of this act and shall meet at least monthly thereafter. The commission shall submit a report of its study and any recommendations, together with any draft legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and the senate not later than December 31, 2019.

Section 91: Nursing Home Financial Stability Task Force

(a) There shall be a task force to: (i) evaluate ways to ensure the financial stability of skilled nursing facilities; (ii) consider the role of skilled nursing facilities within the continuum of elder care services; and (iii) address current workforce challenges.

The task force shall consist of the following members: the secretary of health and human services, or their designee, who shall serve as chair; the chairs of the joint committee on elder affairs, or their designees; the secretary of elder affairs, or their designee; the secretary of labor and workforce development, or their designee; the commissioner of public health, or their designee; the assistant secretary for MassHealth, or their designee; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 6 persons to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Senior Care Association, Inc., 1 of whom shall be a representative of LeadingAge Massachusetts, Inc., 1 of whom shall be a representative of 1199SEIU, 1 of whom shall be a representative of Massachusetts Association of Residential Care Homes, Inc., 1 of whom shall be a representative of the Massachusetts Senior Action Council, Inc. and 1 of whom shall be an expert on long-term care and aging policy. In making appointments, the governor shall, to the maximum extent feasible, ensure that the task force represents a broad distribution of diverse perspectives and geographic regions.

(b) In making its recommendations, the task force shall consider: (i) improvements to the MassHealth reimbursement system for skilled nursing facilities to promote financial stability; (ii) industry-wide workforce initiatives including, but not limited to, ways to improve recruitment, training, including transitional training opportunities for employment in rest homes, assisted living and other alternative senior housing options, retention, rates of pay and other methods of ensuring a sustainable workforce; (iii) the role of external economic factors on the development and retention of the elder care services workforce such as the increases in the minimum wage and competition from other industries; (iv) the feasibility of establishing a voluntary reconfiguration program for certain areas of elder care services, including the impact of a reduction in the number of currently licensed beds, while ensuring quality and maintaining access; (v) recommended criteria for a voluntary reconfiguration program including, but not limited to, occupancy, co-location of services, care standards and regional geographic need; (vi) recommended incentives for elder care service operators to align the need for elder care services with current and future demand and conversion of underutilized beds or other resources to meet current and future demand; and (vii) any additional reforms to strengthen the public process for facility closures and sales or other recommendations necessary to address the issues referenced in this section.

(c) The task force shall convene its first meeting within 30 days after the effective date of this act. The task force shall submit its report, including any proposed legislation necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and senate, the joint committee on health care financing, the joint committee on elder affairs and the house and senate committees on ways and means not later than February 1, 2020.

Section 92: Early Education Child Care Development Block Grant Report

The executive office for administration and finance shall report to the senate and house chairs of the committee on ways and means and the senate and house chairs of the joint committee on education not later than October 1, 2019 and, again, not later than December 15, 2019 on expenditures related to the objectives of the federal Child Care Development Block Grant; provided, that said reports shall include which expenditures will be used to claim federal funds and report on any additional grant money provided to the commonwealth that will either supplant or supplement state funding in each line item used to build the fiscal year 2020 budget; provided further, that said reports shall outline the uses of the federal fiscal year 2019 and fiscal year 2020 increases in discretionary funding in the federal Child Care Development Block Grant; and provided further, that both reports submitted by the executive office for administration and finance shall be approved by the board of early education and care.

Section 93: Mary Longley Garden Naming

A certain portion of the Southwest Corridor park, located between New Castle court, the William E. Carter school grounds park, Watson street, and Northampton street, shall be designated and known as the Mary Longley garden, in recognition of Mary Longley, the principal founder of the Tenants' Development Corporation and trailblazing advocate for tenants' rights. The department of conservation and recreation shall erect and maintain suitable markers bearing said designation in compliance with the standards of the department.

Section 94: Kiki Taylor Water Deck Park Naming

The water spray deck attached to the department of conservation and recreation's Melnea A. Cass Recreation Complex, situated immediately to the east of the intersection of Martin Luther King Jr. boulevard and Washington street, shall be designated and known as the "Nakieka "Kiki" Taylor water deck" in recognition of Nakieka "Kiki" Taylor's service as a lifeguard and ensuring the safety of the children and families in the Roxbury section of the city of Boston. The department of conservation and recreation shall erect and maintain suitable markers bearing the designation around the spray deck in compliance with the standards of the department.

Section 95: Max Carbone Memorial Beach Station Naming

The halfway house located on Nahant beach in the town of Nahant shall be designated and known as the Maximillian "Max" Carbone memorial beach station. The department of conservation and recreation shall erect and maintain 2 suitable markers bearing that designation in compliance with the standards of the department.

Section 96: Norfolk County Courthouse Name

The Norfolk county superior court in the town of Dedham shall be designated and known as the William D. Delahunt courthouse. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing that designation in compliance with the standards of the division.

Section 97: Blue Hills Reservation Survey

The University of Massachusetts shall select an independent scientific organization to conduct a study and survey of the environmental health of the Blue Hills Reservation, which shall include: (i) the forest, including plant, animal and insect life, and any contributing factors responsible for any decline in forest health; (ii) the effect of ecological and climate change; (iii) the effectiveness of controlled public hunting in culling the deer population; (iv) the effectiveness of the Blue Hills Reservation deer management program in culling the deer population since 2015; and (v) recommendations to ensure improvements in the environmental health of the reservation. The study shall include the physical tagging of deer for purposes of population surveying; provided, however, that methods may include but shall not be limited to (i) fixed-wing aircraft or unmanned aerial vehicles using aerial photography and downward-looking thermal imaging; and (ii) distance sampling using driving transects and spotlights.

The University of Massachusetts shall select an organization to conduct the study and survey within 6 months after the effective date of this act, and the independent scientific organization shall report its findings and data in the form of a report and survey, which shall include proposed recommendations and the costs associated with those recommendations, to the department of conservation and recreation and the department of fisheries and wildlife within 4 years following the start of the study.

There shall be a moratorium on the Blue Hills Reservation deer management program and any controlled deer hunting in the reservation until July 31, 2021.

Section 98: MassHealth Prescription Drug Purchasing Alternatives Report

The office of Medicaid shall investigate and provide a report on potential cost savings for prescription medications by pursuing new purchasing approaches. The investigation shall include, but not be limited to, an examination of the feasibility, advisability and potential cost savings of: (i) joining a Medicaid multistate prescription drug bulk purchasing consortium; (ii) identifying alternate financing mechanisms; and (iii) entering into alternative payment methods, including value-based purchasing arrangements. The report shall include: (a) an update on existing supplemental rebates; (b) recommendations to increase the amount of supplemental rebates received; (c) estimated cost savings related to joining a Medicaid multistate prescription drug bulk purchasing consortium; (d) estimated administrative savings or other increased efficiencies related to joining a Medicaid multistate prescription drug bulk purchasing consortium; (e) opportunities for managed care organizations to receive similar rebates or discounts; (f) estimated cost savings related to negotiating value-based purchasing agreements with drug manufacturers; (g) estimated administrative savings or other increased efficiencies related to negotiating value-based purchasing agreements with drug manufacturers; and (h) an analysis of cost savings approaches adopted by other states. The office shall file the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means not later than March 1, 2020.

Section 99: Medicaid Pharmacy Benefit Manager Transparency Report

The secretary of health and human services shall investigate and develop a report regarding methods for increasing transparency on pharmacy services provided by pharmacy benefit managers to Medicaid managed care organizations and Medicaid accountable care organizations.

The report shall include, but not be limited to: (i) an analysis of pharmacy benefit manager services transparency; (ii) any findings of price spreading between pharmacy reimbursement and overall costs to the Medicaid program including, but not limited to, a description of any price spreading for brand name, generic or specialty drugs; (iii) potential conflicts of interest related to affiliations between retail pharmacy chains and Medicaid pharmacy benefit managers and any reported reductions to pharmacy reimbursements; (iv) an analysis of the impact of reductions in pharmacy reimbursement on access to care; and (v) a description of the ways pharmacy benefit managers are used within Medicaid managed care organizations and Medicaid accountable care organizations.

The report shall provide recommendations on ways to increase transparency on pharmacy services provided by pharmacy benefit managers to Medicaid managed care organizations and Medicaid accountable care organizations, including any recommended reporting information or drafts of proposed legislation necessary to carry those recommendations into effect.

The secretary shall file the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means not later than March 1, 2020.

Section 100: DCR Study

There shall be established a special commission to recommend ways for the department of conservation and recreation to improve the management, operations and asset condition of the natural, cultural and recreational resources held by the department. The study shall include, but not be limited to: (i) an examination of the current responsibilities and structures of the department and the stewardship council established in section 2 chapter 21 of the General Laws; (ii) a determination of whether departments, divisions, assets or operations of the department should be transferred to other agencies, departments, municipalities or entities, with special consideration given to urban parks and roadways; (iii) a review of the capital and operating budgets of the department with an analysis at a component level of the relationship of cost to value; and (iv) recommendations on how to: (a) improve transparency and accountability for project choice; (b) maximize returns on the commonwealth's investment in the department of conservation and recreation; and (c) improve project planning and execution, with special consideration given to the role of the stewardship council.

The commission shall be comprised of the following members, or their designees: the secretary of energy and environmental affairs, who shall serve as chair; the chairs of the joint committee on environment, natural resources and agriculture; the secretary of transportation; the commissioner of conservation and recreation; the chair of the stewardship council; the minority leader of the house of representatives; the minority leader of the senate; and 7 persons to be appointed by the governor, 2 of whom shall be representatives of park friends groups, 1 of whom shall be a representative of the Environmental League of Massachusetts, 1 of whom shall be a representative of the Appalachian Mountain Club, 1 of whom shall be a representative of the Trust for Public Land, 1 of whom shall be a representative of the National Association of Government Employees and 1 of whom shall be a representative of the Trustees of Reservations.

The commission may solicit input through public hearings and testimony.

The commission shall file a report of its findings and recommendations with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than December 1, 2020.

Section 101: DOC and Sheriff Funding Commission

There shall be a special commission to conduct a comprehensive study to evaluate and make recommendations regarding the appropriate level of funding for the department of correction and each sheriff's department. The commission shall consist of: 2 persons to be appointed by the senate president, 1 of whom shall serve as co-chair; 2 persons to be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the secretary of public safety and security or a designee; the commissioner of correction or a designee; the secretary of administration and finance or a designee; 2 persons to be appointed by the Massachusetts Sheriffs' Association; the chief justice of the trial court or a designee; the commissioner of probation or a designee; the chairman of the parole board or a designee; 1 person to be appointed by the Massachusetts Bar Association; 1 person to be appointed by the Boston Bar Association; and 3 persons to be appointed by the governor, after considering any recommendations from the Massachusetts Institute for a New Commonwealth, Inc., Pioneer Institute, Inc., Prisoners' Legal Services and the Massachusetts AFL-CIO, 1 of whom shall be employed by a public or private institution of higher education with an expertise in criminology and criminal justice.

The study shall include, but not be limited to: (i) a review of staffing ratios and employee costs in each state prison and house of correction; (ii) an examination of potential ways to increase efficiencies and reduce fixed costs in state prisons and houses of correction; (iii) an analysis of the amount spent by the department of correction and by each sheriff's department on mental health and substance use disorder services and the appropriate levels of funding necessary to meet the service needs of incarcerated people; (iv) a review of all discretionary programming offered in state prisons and houses of correction, including an analysis of geographical disparities in discretionary programming; (v) an analysis of chapter 69 of the acts of 2018, its impacts on state prisons and houses of correction and best practices to implement its requirements; (vi) a review of the physical assets, infrastructure, buildings and communications equipment owned by each sheriff's department and state prison; and (vii) a review of the funding sources for the department of correction and each sheriff's department, including appropriations from the commonwealth, commissary charges, prison industries, trust fund accounts, intermunicipal agreements, other inmate fees and expenses and other sources of revenue.

The study shall include data for each state prison and house of correction on: (i) inmate population; (ii) costs per inmate, as defined by the commission; (iii) health care expenses; (iv) payroll expenses, including payroll spending on care and custody personnel; and (v) expenses on programming for recidivism reduction, including case management, reentry support, behavioral health counseling, education and vocational or workforce development programs. The report shall include data for the previous 5 fiscal years, the current fiscal year, and projected data for fiscal year 2021 and fiscal year 2022.

The commission shall compare existing funding levels and expenses at each state prison and house of correction and include a recommendation for an appropriate level or allocation of funding. The commission shall recommend targeted solutions for each state prison and house of correction to reduce spending if actual spending is above the recommended level. The commission shall also review the feasibility and advisability of establishing distinct line items for the department of correction and each sheriff's department to identify funding specifically designated for: (i) fixed costs and payroll spending on care and custody personnel; (ii) recidivism reduction programming; and (iii) any other separate categories as may be identified by the commission. The commission shall propose a funding formula for the department of correction and each sheriff's department based, in part, on the number of people in their custody and control and the utilization of best practices in recidivism reduction to safely reduce the population of incarcerated people. The proposed funding formula shall, to the extent possible, increase the percentage of spending on evidence-based recidivism reduction programming and reduce or mitigate projected spending increases.

The commission shall have access to data, documents and information necessary for the performance of the commission's duties under this section. The commission may request, and the department of correction and each sheriff's department shall provide, any such data, documents or information; provided, however, that nonpublic information shall be provided in an aggregate and de-identified form; provided, further, that nonpublic information relating to a matter that is or may be the subject of litigation shall not be disseminated to any other person or entity, and it shall not be admitted as evidence in any administrative or court proceeding against the department of correction or against any sheriff or sheriff's department in which a member of the commission is a party to the proceeding; provided further, that members of the commission who are not currently state employees shall be considered special state employees for the purposes of chapter 268A of the General Laws; and provided further, that the commission, in collaboration with the department of correction and each sheriff's department, shall adopt policies and procedures to ensure the confidentiality of personal information.

The commission shall submit a written report of its findings, including legislative and budgetary recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on public safety and homeland security not later than September 1, 2020.

Section 102: Special Commission on Foreign-Trained Medical Professional Licensure

(a) There shall be a special commission to study and make recommendations regarding the licensing of foreign-trained medical professionals with the goal of expanding and improving medical services in rural and underserved areas.

(b) The commission shall consist of the following members: the secretary of health and human services or a designee, who shall serve as chair; 1 person to be appointed by the senate president; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the chairs of the joint committee on public health, or their designees; and 15 members to be appointed by the governor, 1 of whom shall be a member of the governor's advisory council for refugees and immigrants, 1 of whom shall be a member of the board of registration in medicine, 1 of whom shall be a member of the board of registration in dentistry, 1 of whom shall be a member of the board of registration in nursing, 1 of whom shall be a member of the board of registration of physician assistants, 1 of whom shall be a member of the board of allied health professionals, 1 of whom shall be a representative of the Massachusetts Medical Society, 1 of whom shall be a representative of the Massachusetts Health and Hospital Association, Inc., 1 of whom shall be a representative of The Massachusetts League of Community Health Centers, Inc., 1 of whom shall be a representative of the Conference of Boston Teaching Hospitals, Inc., 1 of whom shall be a representative of the University of Massachusetts medical school, 1 of whom shall be a representative of the Boston Welcome Back Center at Bunker Hill Community College; and 3 of whom shall be representatives of the Massachusetts Immigrant and Refugee Advocacy Coalition, Inc., of whom 1 shall be a foreign-trained medical professional and 1 shall be a licensed physician.

(c) The commission shall make recommendations on: (i) the strategies to integrate foreign-trained medical professionals into rural and underserved areas in need of medical services; (ii) state and national licensing regulations that may pose unnecessary barriers to practice for foreign-trained medical professionals; (iii) changes to the commonwealth's licensing requirements; (iv) opportunities to advocate for corresponding changes to national licensing requirements; and (v) any other matters pertaining to licensing foreign-trained medical professionals. The commission may hold hearings and invite testimony from experts and the public to gather information. The commission shall review and identify best practices learned from similar efforts in other states. The report may include guidelines for full licensure and conditional licensing of foreign-trained medical professionals.

(d) The commission shall submit a report containing its recommendations, including drafts of proposed legislation to carry out its recommendations, by filing the same with the clerks of the senate and house of representatives and the joint committee on public health not later than July 1, 2021.

Section 103: Offshore Wind Procurement Effective Date 1

Section 69 shall apply to contracts subject to review by the department of public utilities as of July 1, 2019.

Section 105: Fee Surcharge Amounts Registers of Deeds

The commissioner of revenue shall notify the registers of deeds, the assistant recorders and the joint committee on revenue of the new surcharge amounts established in sections 29 and 30. All documents or instruments received by the registers of deeds and assistant recorders that are postmarked prior to the effective date of said sections 29 and 30 shall be subject to the fee surcharge applicable under section 8 of chapter 44B of the General Laws that was in effect before that date.

Section 106: Sales Tax Treatment of Marketplace Vendors 6

Nothing in sections 31 to 35, inclusive, shall override pre-existing law or affect tax liability that accrued prior to the effective date of the act.

Section 107: CPA Effective Dates

Sections 29 and 30 shall take effect on December 31, 2019.

Section 108: Offshore Wind Contract Pricing Effective Date 3

Section 104 shall take effect on July 1, 2020.

Section 109: Marketplace Vendors Tax Liability Effective Date 2

Sections 31 to 35 shall take effect on October 1, 2019.

Section 111: Effective Date

Except as otherwise specified, this act shall take effect on July 1, 2019.