Sections 4-116 All Outside Sections

Section 68 of chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 2, the figure "21" and inserting in place thereof the following figure:- 23.

Said section 68 of said chapter 3, as so appearing, is hereby amended by inserting after the word, "senate", in line 5, the following words:- 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.

Subdivision (2) of section 178K of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in lines 119 and 120, the words "and the department of mental health" and inserting in place thereof the following words:- , the department of mental health, the department of developmental services.

Chapter 6A of the General Laws is hereby amended by inserting after section 16BB the following section:-

Section 16CC. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise:-

"Act", an action or decision made by an owner, employee or agent of a long term care facility or assisted living residence or by a government agency or a condition within a long term care facility or assisted living residence that affects the service to a resident.

"Administrative action", an action taken to resolve issues through negotiation and mediation with a long term care facility or assisted living residence.

"Assisted living residence", an entity that meets the requirements of chapter 19D and is subject to certification by the department of elder affairs.

"Designee", staff of the long term care ombudsman or a member of a designated local long term care ombudsman program, whether on a compensated or volunteer basis.

"Long term care facility", a facility subject to licensure by the department of public health under section 71 of chapter 111.

"Resident", a person receiving treatment or care in a long term care facility or assisted living residence; provided, however, that treatment or care shall include, but not be limited to, application or admission, retention, confinement, commitment, period of residence, transfer, discharge and instances directly related to such status.

(b) The secretary of health and human services shall, subject to appropriation or the receipt of federal funds, establish a statewide long term care ombudsman office to advocate on behalf of residents. The statewide long term care ombudsman office shall receive, investigate and resolve through administrative action complaints filed by residents, individuals acting on the behalf of residents or any individual organization or government agency that has reason to believe a long term care facility or assisted living residence, organization or government agency has engaged in activities, practices or omissions that violate applicable statutes or regulations or may have an adverse effect upon the health, safety, welfare or rights of residents of such long term care facilities or assisted living residences. The secretary of health and human services shall appoint an ombudsman to act as the director of the ombudsman office. The ombudsman shall be a person qualified by training and experience to perform the duties of the office. The ombudsman shall not be subject to section 9A of chapter 30 or chapter 31.

(c) The ombudsman or a designee shall be permitted access to any consenting individual resident at any time that the ombudsman deems reasonable and necessary; provided, however, that there is neither a commercial purpose nor effect to the access; provided further, that the purpose of the access is to: (i) visit, talk with or make personal, social or legal services available to a resident; (ii) inform a resident of their rights and entitlements and their corresponding obligations under federal and state law by means of educational materials or discussion in groups or with an individual resident; (iii) assist a resident in asserting their legal rights regarding claims for public assistance, medical assistance or social security benefits, or assist a resident in action against an agency responsible for such programs, or assist in any other matter in which a resident is aggrieved, which may include but not be limited to advising litigation; or (iv) engage in other methods of assisting, advising or representing a resident so as to extend to them full enjoyment of their rights.

Upon entering a long term care facility or assisted living residence, the ombudsman or designee shall notify the long term care facility or assisted living residence staff of their presence and, upon request, shall produce identification. Prior to entering the room of an individual resident, the ombudsman or designee shall identify themselves and explain the purpose of the visit. The ombudsman or designee shall have the right to visit privately with the resident if the resident has given permission for the visit. The ombudsman or designee shall respect the confidentiality of communications and shall not photograph, film, videotape or audiotape the resident without consent. The long term care facility or assisted living residence shall not release information in a resident's medical record to the ombudsman or designee without consent of the resident or resident's representative.

(d) The ombudsman or designee shall have the right of entry into long term care facilities and assisted living residences at any time that the ombudsman deems reasonable and necessary to: (i) investigate or resolve through administrative action complaints made by residents or on their behalf; (ii) interview residents, with their consent, in private; (iii) offer the services of the ombudsman or designee to any resident, in private; (iv) interview employees or agents of the long term care facility or assisted living residence; (v) consult regularly with the long term care facility or assisted living residence administration; or (vi) provide services authorized by law or by regulation.

The ombudsman or designee shall have access to a resident's records, with consent of the resident or the resident's representative, and to records of any public agency that are necessary to the duties of the statewide long term care ombudsman office, including records on patient abuse complaints. The ombudsman or designee shall have access to the resident's records without the resident's written authorization if: (i) the ombudsman or designee reasonably believes that a complaint situation exists that may only be resolved by the inspection of the resident's personal, financial or medical records; and (ii)(A) the resident has no representative and lacks the capacity to give consent; or (B) the ombudsman has reason to believe that the resident's representative is not acting in the best interest of the resident.

(e) The ombudsman shall establish procedures to protect the confidentiality of residents' records and files. The procedures shall provide that: (i) information or records maintained by the statewide long term care ombudsman office shall not be disclosed unless the ombudsman or a designee authorizes the disclosure; and (ii) the ombudsman or designee shall not disclose the identity of any complainant or resident involved in any complaint unless the complainant or resident or a representative of the complainant or resident provides consent in writing or through the use of any necessary ancillary aids or services or communicates the consent orally or visually, the consent is documented to allow such disclosure and the consent specifies to whom the identity may be disclosed or a court orders such disclosure.

The ombudsman or designee may initiate an investigation of any long term care facility or assisted living residence in the absence of a specific complaint.

If the ombudsman or designee determines that an act of any long term care facility or assisted living residence may adversely affect the health, safety, welfare or rights of a resident, the ombudsman or designee shall make specific recommendations for the elimination or correction of the act. If the ombudsman or designee determines that an act of any long term care facility or assisted living residence may violate an applicable federal or state law, the ombudsman may report their findings and conclusions to the regulatory agency that has jurisdiction to enforce the law and to the office of the attorney general.

Within a reasonable period of time after the completion of an investigation, the ombudsman may notify the long term care facility or assisted living residence of the findings.

The ombudsman or a designee may notify the attorney general, the department of elder affairs and the department of public health following the receipt of an oral or written report or complaint that: (i) a resident of a long term care facility has been subjected to abuse, misappropriation of patient or resident property, mistreatment or neglect as defined in section 72F of chapter 111; or (ii) if a resident of an assisted living residence has been subjected to abuse, neglect or financial exploitation in violation of the sponsor's covenant under section 14 of chapter 19D.

(f) The ombudsman may contract with a local entity to host a local ombudsman program and provide designated staff to act on behalf of the ombudsman in the receipt, investigation and resolution through administrative action of complaints. The ombudsman may contract with any public agency or private nonprofit organization to act on behalf of the ombudsman in the receipt, investigation and resolution through administrative action of complaints; provided, however, that the ombudsman shall not contract with an agency or organization that is responsible for licensing or certifying long term care facilities or assisted living residences or an association or an affiliate or agent of an association of long term care facilities or assisted living residences. Such a designee shall operate in compliance with any rules or regulations established by the ombudsman for the implementation of the ombudsman program. The ombudsman shall carry out the responsibilities of the local program in any area where a local ombudsman program has not been established. The ombudsman shall, to the extent practicable, contract with agencies and organizations that agree to carry out such responsibilities on a volunteer basis.

(g) The ombudsman shall: (i) establish and conduct a training program for persons employed by or associated with the ombudsman or any designated local ombudsman program who perform the duties and responsibilities under subsection (e) regarding the receipt, investigation and resolution through administrative action of complaints and certify such persons upon satisfactory completion of such training programs; (ii) provide information to public agencies regarding the problems of residents in long term care facilities and assisted living residences; (iii) ensure that complete records are maintained of complaints received, investigations initiated, actions taken and findings and recommendations in response to such complaints, investigations or other actions, including the facilities' responses; (iv) maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long term care facilities and assisted living residences to identify and resolve significant problems; (v) carry out other activities consistent with the requirements of 42 U.S.C. 3024(a)(12); (vi) ensure the program operates in compliance with 42 U.S.C. 3001 et seq. and federal regulations; (vii) represent the interests of the residents before governmental agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents; and (viii) analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of the residents, with respect to the adequacy of services provided by long term care facilities and assisted living residences.

(h) The ombudsman, a designee and any employee of a designated local ombudsman program working directly for such designee, whether on a compensated or volunteer basis, shall not be liable in any civil or criminal action by reason of the good faith performance of official duties. A person shall not willfully interfere with a representative of the ombudsman office in the good faith performance of official duties. If such willful interference occurs, the ombudsman may petition the superior court department to enjoin such interference and grant appropriate relief.

A long term care facility, assisted living residence or other entity shall not retaliate against any resident or employee of such facility, residence or entity who in good faith filed a complaint with, or provided information to, the ombudsman or designee. A long term care facility or assisted living residence that retaliates against a resident or employee for filing a complaint with, or having provided information to, the ombudsman or designee, shall be liable to the person so retaliated against by a civil action for up to treble damages, costs and attorney's fees.

(i) Annually, not later than October 31, the ombudsman shall file a report on the activities of the long term care ombudsman office and the ombudsman's recommendation concerning long term care facilities, assisted living residences and the protection of the rights of residents. The report shall be filed with the executive office of health and human services, the division of health care facility licensure and certification in the department of public health, the assisted living certification unit at the department of elder affairs, the clerks of the senate and the house of representatives and the joint committee on elder affairs and be made available on the executive office of health and human services' public website.

(j) The ombudsman shall promulgate regulations to implement this section.

Section 4H of chapter 7 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-

The division shall establish a fee structure for all appeals, except for: (i) appeals brought through the bureau of special education appeals, pursuant to this section and section 2A of chapter 71B; (ii) appeals from decisions by the commissioner of veterans' services, pursuant to section 2 of chapter 115; and (iii) appeals from the contributory retirement appeal board, pursuant to section 16 of chapter 32. The maximum fee shall not exceed $300 for any appeal and may be waived for financial hardship, as determined by the division.

Subsection (b) of section 35GGG of chapter 10 of the General Laws, as added by section 7 of chapter 208 of the acts of 2018, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The fund shall be administered, without further appropriation, by the secretary of health and human services who, in consultation with the community behavioral health promotion and prevention commission established in section 219 of chapter 6: (i) shall expend monies in the fund to issue grants to support community organizations to establish or support evidence-based and evidence-informed programs for children and young adults pursuant to subsection (c); and (ii) may expend monies in the fund to support critical public health needs affecting children and young adults.

Said chapter 10 is hereby further amended by inserting after section 35NNN the following 2 sections:-

Section 35OOO. (a) There shall be established and set up on the books of the commonwealth a Summer Camp Stabilization Trust Fund for the purpose of stabilizing licensed summer camps.

(b) The fund shall be administered by the department of public health and credited with: (i) appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money.

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 made available for expenditure in the following fiscal year. No expenditure shall be made from the fund that causes the fund to become deficient at any point.

(c) Annually, not later than December 1, the commissioner of public health shall file a report detailing expenditures from the fund to the clerks of the senate and the house of representatives, the senate and house committees on ways and means, the joint committee on education and the joint committee on public health.

Section 35PPP. (a) There shall be a Wellfleet Hollow State Campground Trust Fund to be used, without further appropriation, for the long-term preservation and maintenance of Wellfleet hollow state campground in the town of Wellfleet. Any balance remaining in the fund at the close of a fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

(b) The department of conservation and recreation shall impose a surcharge of $5 upon each fee charged and collected for admission to camping in Wellfleet hollow state campground for out-of-state residents. The additional money collected from the surcharge shall be deposited into the Wellfleet Hollow State Campground Trust Fund.

(c) An annual report, which shall include projects undertaken, expenditures made and income received by the fund, shall be submitted to the clerks of the house of representatives and senate and to the house and senate committees on ways and means not later than December 31.

Section 4 of chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 10, the word "full-time".

Subsection (b) of said section 4 of said chapter 15A, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The remaining members of the board shall be appointed to serve terms of 5-years; provided, however, that an undergraduate student member shall be appointed annually to serve a 1-year term commencing initially upon appointment by the governor and expiring on June 30 and, each year thereafter, commencing on July 1 and expiring on June 30 as long as the member remains an eligible undergraduate student during the member's 1-year term.

Section 21 of said chapter 15A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

One member of such board of trustees shall be an undergraduate student member from said institution, and 10 members shall be appointed by the governor pursuant to section 18B of chapter 6, at least 1 of whom shall be an alumnus of said institution and 1 of whom shall be elected thereto by the alumni association of said institution. Each elected alumnus member shall be elected every 5 years. No elected alumnus member shall serve for more than 2 consecutive terms. A vacancy in the position of elected alumnus member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to a full term. Student member eligibility shall be established by number of credit hours and grade point average established by the board of higher education after consultation with representatives from the higher education institutions. Each student member shall be elected by the student body annually, not later than May 15. The term of office of each elected student member of the board shall be 1 year and shall commence on July 1 following their election and terminate on June 30 of the following year. The student member shall be eligible for re-election for as long as the student member remains an eligible undergraduate student and maintains satisfactory academic progress as determined by the policy of the institution at which the student is enrolled. If at any time during the elected term of office the student member ceases to maintain the number of credit hours or grade point average determined for eligibility or fails to maintain satisfactory academic progress, the student member's membership on the board shall be terminated and the office of the elected student member shall be vacant; provided, however, that if the elected student member vacates their position upon graduation from the institution prior to July 1, the elected successor may assume the position of student member on the board effective from the date of graduation of their predecessor; and provided further, that the statutory time limit of 1 year of the successor student trustee shall commence to run on July 1 notwithstanding any taking of office prior to the commencement of said term. A vacancy in the office of the elected student member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as students elected to full terms.

Section 24 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words "twenty-seven" and inserting in place thereof the following figure:- 26.

Sections 27 to 35, inclusive, of said chapter 19A are hereby repealed.

Section 4 of said chapter 19D, as so appearing, is hereby amended by striking out, in lines 19 and 20, the words ", including expansion of the ombudsman program provided for by section seven".

Section 7 of said chapter 19D is hereby repealed.

Said section 9 of said chapter 19D, as so appearing, is hereby further amended by inserting after the word "the", in line 55, the second time it appears, the following words:- statewide long-term care.

Said section 9 of said chapter 19D, as so appearing, is hereby further amended by inserting after the word "office", in line 56, the following words:- established under section 16CC of chapter 6A.

Clause (2) of section 59 of chapter 23K of the General Laws, as amended by section 3 of chapter 142 of the acts of 2019, is hereby amended by striking out subclause (j), and inserting in place thereof the following subclause:-

(j) 15 per cent to the Commonwealth Transportation Fund established pursuant to section 2ZZZ of chapter 29;.

Chapter 29 of the General Laws is hereby amended by striking out section 2IIIII, inserted by section 8 of chapter 124 of the acts of 2020, and inserting in place thereof the following 3 sections:-

Section 2IIIII. (a) There shall be an Early Education and Care Public-Private Trust Fund. The fund shall be administered by the commissioner of early education and care.

(b) There shall be credited to the fund: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources, including, but not limited to, gifts, grants and donations, to support state, philanthropic and private partnership efforts supporting Massachusetts childcare providers. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(c) Amounts credited to the fund may be expended, without further appropriation, by the commissioner for the following purposes:

(i) to assist the needs of providers in the early education and care mixed delivery system;

(ii) for the development of an infrastructure to facilitate state, private and philanthropic efforts in support of the early education and care field; and

(iii) for state collaboration with philanthropic organizations and businesses to establish and maintain an infrastructure for providing ongoing technical assistance and programming for the early education and care field including, but not limited to, the enhancement of business stability and sustainability, the fostering of local cross-sector early childhood education collaboration and the enhancement of program quality, including supports for early childhood educators.

(d) Amounts received from private sources shall be approved by the commissioner of early education and care and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on the implementation of early education and care policy and planning. The review shall be made publicly available.

(e) The commissioner of early education and care may designate an administrator of the fund for purposes of implementing approved activities consistent with this section.

(f) Annually, not later than November 1, the commissioner of early education and care shall report on the fund's activities to the house and senate committees on ways and means, the chairs of the joint committee on education and the house and senate clerks. The report shall include, but shall not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including, but not limited to, funds expended to assist early education and care providers; (iii) any grants provided to early education and care programs, philanthropic organizations or other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.

Section 2JJJJJ. (a) There shall be a federal coronavirus relief trust fund to retain certain federal funds received by the commonwealth to assist the commonwealth in its public health, community and economic recovery efforts related to the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020. The secretary of administration and finance shall administer the fund.

(b) The fund shall be credited with: (i) revenue from federal funds, appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources including, but not limited to, gifts, grants and donations. Amounts credited to the fund shall be subject to appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

(c) Amounts credited to the fund may by expended for purposes that assist the commonwealth in its public health, community and economic recovery efforts to respond to the novel coronavirus disease outbreak.

(d) Annually, not later than November 1, the secretary shall report an accounting of expenditures made though the fund and amounts remaining in the fund to the clerks of the senate and house of representatives and the senate and house committees on ways and means.

Section 2KKKKK. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Nonpublic Ambulance Service Reimbursement Trust Fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) all revenues generated from the funds collected pursuant to subsection (b) of section 67A of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. No expenditure shall be made from said fund which shall cause said fund to be in deficit at the close of a fiscal year.

(b) Money in the fund shall be expended for Medicaid payments to nonpublic ambulance services defined in subsection (a) of section 67A of chapter 118E.

(c) Revenues generated from clauses (i) and (ii) of the second sentence of subsection (a) shall be expended exclusively for nonpublic ambulance services defined in subsection (a) of section 67A of chapter 118E and shall not be used to replace payment commitments between the nonpublic ambulance services and the commonwealth. The expenditures shall be established by the executive office of health and human services in a manner consistent with the requirements and conditions of federal financial participation under 42 U.S.C. 1396b(w) and 42 C.F.R. 433.68, including the prohibitions against hold harmless provisions as defined under 42 U.S.C. 1396b(w)(4) and 42 C.F.R. 433.68(f) and shall be made only under federally-approved payment methods and consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services. Federal financial participation shall be sought in a manner that achieves the maximum amount of federal revenue such that the assessment amount equals the state share of the qualifying Medicaid ambulance service payments related to this section.

(d) The schedule of payment amounts to be established and distributed by the executive office of health and human services under this section shall be developed in a manner that: (i) promotes the provider capacity, access and quality management needs of the Medicaid program as those needs are determined by the secretary of health and human services; (ii) considers the cost of services delivered by providers for which the providers are not fully reimbursed or otherwise compensated, including, but not limited to, free care and services delivered in good faith reliance on authorization; (iii) considers existing Medicaid reimbursement rates; (iv) closes the gap between Medicaid rates and average commercial rates; and (v) is proportional, to the extent possible, to the respective ambulance assessed amounts paid by each nonpublic ambulance service relative to this section. The executive office of health and human services shall consult with stakeholders, including the Massachusetts Ambulance Association, Incorporated, in the development and implementation of the payments. In order to accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this section.

(e) Annually, not later than September 30, the executive office of health and human services shall file a report with the house and senate committees on ways and means which shall include: (i) a detailed accounting of all money transferred, credited or deposited into and from the fund; (ii) the reasons for any unspent amount in the fund; and (iii) an analysis of the respective uniform assessment paid by nonpublic ambulance services, defined in section 67A of chapter 118E.

Subdivision (1) of section 22C of chapter 32 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:-

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the Commonwealth's Pension Liability Fund in fiscal years 2021 to 2023, inclusive, shall be made in accordance with the following funding schedule: (i) $3,115,163,424 in fiscal year 2021; (ii) $3,415,153,662 in fiscal year 2022; and (iii) $3,744,032,959 in fiscal year 2023. Notwithstanding any provision of this subdivision to the contrary, any adjustments to these amounts shall be limited to increases in the schedule amounts for each of the specified years.

Section 4 of chapter 33 of the General Laws, as so appearing, is hereby amended by inserting after the word "Lancers", in line 4, the following words:- , the 54th Massachusetts Volunteer Regiment.

Said chapter 33 is hereby further amended by inserting after section 4A the following section:-

Section 4B. The 54th Massachusetts Volunteer Regiment shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be provided by the adjutant general. The 54th Massachusetts Volunteer Regiment may retain their methods of selecting officers and conducting their internal affairs consistent with the laws of the commonwealth and of the United States. The 54th Massachusetts Volunteer Regiment may use land and facilities belonging to the commonwealth for their activities, equipment and exercises, without charge, and may receive from the commonwealth, its departments, divisions or bureaus or the federal government without charge, any surplus equipment, goods or other materials, as are available; provided, that such equipment, goods or other materials shall remain the property of the commonwealth and shall be accounted for as such.

Section 9 of chapter 46 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word "home", in line 23, the first time it appears, the following words:- or who is enrolled in a PACE program as defined in 42 U.S.C. 1396u-4.

Said section 9 of said chapter 46, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words "or nursing home" and inserting in place thereof:- , nursing home or a PACE program as defined in 42 U.S.C. 1396u-4.

Section 16 of chapter 62C of the General Laws is hereby amended by striking out, in lines 74 and 89, the word "twenty", as so appearing, and inserting in place thereof, in each instance, the following figure:- 30.

Said chapter 62C is hereby further amended by inserting after section 16A the following section:-

Section 16B. Notwithstanding the due date of the return as set forth in section 16 or the payment date as set forth in section 32 or any other general or special law to the contrary, a payment of tax shall be made in advance of the filing of the return required under subsection (g) or (h) of said section 16 not later than the twenty-fifth day of the last month of the filing period; provided, however, that such payment shall include tax collected for any taxable sale made during the days in the filing period occurring on or before the twenty-first day of the last month of the filing period; provided further, that this section shall not apply to operators whose cumulative room occupancy excise liability in the immediately preceding calendar year with respect to returns filed under said subsection (g) of said section 16 is not more than $150,000; provided further, that this section shall not apply to vendors whose cumulative sales tax liability in the immediately preceding calendar year with respect to returns filed under said subsection (h) of said section 16 is not more than $150,000; provided further, that this section shall not apply to a materialman who files a return with the commissioner pursuant to said subsection (h) of said section 16; and provided further, that tax collected for any taxable sale made during the remaining days of the filing period for which tax was not previously remitted shall be remitted at the time the return for that filing period is required to be filed.

A penalty of 5 per cent of the amount of an underpayment shall be imposed, unless such underpayment is due to a reasonable cause; provided, however, that such penalty shall not be imposed if the payment made on or before the date prescribed in this section is not less than 70 per cent of the total tax collected during the filing period. For the purposes of this paragraph, the term "underpayment" shall mean the excess of the amount of the payment required under this section over the amount, if any, paid on or before the date prescribed therefor.

The department of revenue shall issue regulations and guidance necessary to implement this section.

Said chapter 62C is hereby further amended by inserting after section 30A the following section:-

Section 30B. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Administrative adjustment", an administrative adjustment pursuant to section 6227 of the Code.

"Approved modification", a federal modification to an audited partnership's imputed underpayment pursuant to section 6225(c) of the Code.

"Audited partnership", a partnership audited at the partnership level that results in a federal adjustment.

"Code", as defined and as applicable under chapter 62 or chapter 63.

"Commissioner", the commissioner of revenue.

"Direct partner", a partner that holds an interest directly in a partnership or pass-through entity.

"Distributive share" or "distributive share of the final federal adjustment", the distributive share of the final federal adjustment attributable to a partner of the partnership that is subject to the partnership-level audit.

"Federal adjustment", a change to an item or amount determined under the Code that is used by an audited partnership or 1 or more of its partners to compute amounts owed under chapter 62 or chapter 63, whether resulting from: (i) action by the United States Internal Revenue Service; (ii) the filing of an amended federal return or other report; (iii) a federal refund claim; or (iv) an administrative adjustment request by the partners.

"Federal adjustments report", a form or other submission required by the commissioner from an audited partnership to report: (i) a final federal adjustment with respect to a partnership-level audit; and (ii) the distributive share of the final federal adjustment attributable to each partner.

"Final determination date", (i) if a federal adjustment results from a federal refund claim or an administrative adjustment, or if the federal adjustment has been reported on an amended federal return or other report pursuant to section 6225(c) of the Code, the date on which: (A) the administrative adjustment was made; (B) the amended return or refund claim was filed; or (C) such other report was filed or finalized; (ii) if a federal adjustment results from an audit or other action by the federal government, the date on which no federal adjustment arising from the audit or other action remains to be finally determined, whether by: (A) a decision by the federal government with respect to which all rights of appeal have been waived or exhausted; (B) agreement; or (C) in the event of an appeal or other contest, by a final decision with respect to which all rights of appeal have been waived or exhausted; provided, however, that if a single partnership-level audit results in a final determination under both clauses (i) and (ii), the final determination date shall be the date under clause (ii), unless the context specifically requires otherwise.

"Final federal adjustment", a federal adjustment as of the final determination date for that adjustment.

"Imputed underpayment", the amount determined under the notice of proposed partnership adjustment pursuant to section 6231 of the Code that would be owed by the partnership resulting from a partnership-level audit.

"Indirect partner", a partner in a partnership or pass-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity.

"Nonresident partner", a partner that is an individual, trust or estate that is not a resident partner.

"Partner", a person that holds an interest directly or indirectly in a partnership or other pass?through entity.

"Partnership", as defined in section 1 of chapter 62.

"Partnership-level audit", an examination by the federal government at the partnership level pursuant to sections 6221 to 6242, inclusive, of the Code that results in 1 or more federal adjustments.

"Pass?through entity", an entity whose income, gains, losses, deductions or credits pass through to its partners for Massachusetts tax purposes, including a partnership, an S corporation or certain trusts.

"Resident partner", a partner that is an individual, trust or estate and that is also a resident within the meaning of section 1 of chapter 62.

"Reviewed year", the taxable year of a partnership that is subject to a partnership-level audit resulting in 1 or more federal adjustments.

"Tiered partnership", a partner that is a partnership or pass?through entity.

(b)(1) Not later than 90 days after the final determination date, an audited partnership shall: (i) notify the commissioner of the final determination date with respect to a partnership-level audit; (ii) file a federal adjustments report with the commissioner; and (iii) notify each of the audited partnership's direct partners of their distributive share of the final federal adjustment. The federal adjustments report shall: (A) identify each partner during the reviewed year; (B) specify each item addressed by, and the amount included in, the final federal adjustment; (C) explain how the final federal adjustment needs to be modified for state tax purposes to reflect relevant differences between federal and state law; and (D) provide any other information related to the final determination or modification as the commissioner may require. If the audited partnership has received an approved modification, the audited partnership shall notify the commissioner of this approval not later than 90 days after the date of such approval. An audited partnership that fails to meet the filing requirements in this subsection shall be subject to the non-filer penalties under chapter 62C. The statute of limitations for assessing a partner or an audited partnership pursuant to this section shall be tolled in any instance in which the audited partnership has not provided the commissioner with the notice and filing required by this subsection.

(2) If a federal adjustments report, or the verification or investigation of the report or otherwise, identifies any tax due under chapter 62 or chapter 63 that has not been fully assessed to a partner of an audited partnership, or that is not otherwise accounted for under subsections (c) to (e), inclusive, the commissioner shall assess such partner an additional tax in an amount equal to the unpaid tax, with interest and penalties as provided in chapters 62, 62C and 6. Notwithstanding the time limitations of section 26, the assessment shall be made on or after 180 days after the final determination date. The assessment shall be made in the same manner as an assessment under section 30; provided, however, that the manner of making such assessment may be clarified or modified by the commissioner by regulation; and provided further, that the time limitations of said section 30 shall not apply.

(c) An audited partnership that originally reported or paid tax on behalf of some or all of its partners, by means of a composite return or through pass-through entity withholding, shall amend its return or report, as the case may be, in the form and manner required by the commissioner to account for the distributive share of the final federal adjustment attributable to those partners and pay any additional tax, including applicable interest and penalties, attributable to such partners, not later than 90 days after the final determination date. An audited partnership that fails to meet these requirements shall be jointly and severally liable for the taxes due in connection with such return or report.

(d) A partner of an audited partnership shall report and pay tax due under chapter 62 or chapter 63 with respect to adjustments resulting from a partnership-level audit that the partner reports federally on either an amended federal income tax return or otherwise, including through a return or report filed pursuant to section 6225(c)(2) of the Code, without including adjustments required to be reported for federal purposes pursuant to section 6225(a)(2) of the Code, not later than 180 days after the final determination date that relates to the adjustment as reported on such return or other report. The requirement to make such report and payment shall be treated as being in response to a federal change within the meaning of section 30 of chapter 62C and will be subject to interest and penalties thereunder.

(e)(1) If taxes due from an audited partnership's partners under chapter 62 or chapter 63 are not otherwise accounted for under subsections (c) or (d), the audited partnership may make an election to pay such taxes not later than 90 days after the final determination date. An audited partnership making this election shall make such payment not later than 180 days after the final determination date. An election under this subsection shall not apply to the distributive share attributable to a corporate partner that participated in a combined report under section 32B of said chapter 63 for the reviewed year and such distributive share shall not be included in the computation of the tax payment with respect to the distributive shares attributable to the audited partnership's direct and tiered partners under this paragraph. Such corporate partner shall directly account for its taxes owed. The tax payment with respect to the distributive shares attributable to the audited partnership's direct and tiered partners shall be determined as follows:

(A) for distributive shares attributable to direct partners that are not tiered partnerships, the tax payment shall be determined as follows:

(i) the distributive share reported or attributable to each direct partner that is not subject to Massachusetts income tax shall be excluded from the total distributive share attributable to such partners;

(ii) for a partner subject to income tax under said chapter 63, including under section 38Y of said chapter 63, the partner's distributive share shall be allocated or apportioned, as provided under said chapter 63, using the allocation or apportionment method applicable to the partner and the resulting amount shall be multiplied by the applicable rate of tax set forth in said chapter 63;

(iii) for a partner who is a Massachusetts resident subject to tax under said chapter 62, the amount of the partner's distributive share subject to tax under said chapter 62 shall be multiplied by the rate of tax set forth in said chapter 62 that is applicable to each item of income; and

(iv) for a partner who is a nonresident subject to tax under section 5A of said chapter 62 or section 10 of said chapter 62, the amount of each such partner's distributive share required to be sourced to the commonwealth and subject to tax under said section 5A of said chapter 62 or said section 10 of said chapter 62 shall be multiplied by the rate of tax set forth in said chapter 62 that is applicable to each item of income.

(B) for the distributive shares attributable to indirect partners, the tax payment shall be determined as follows:

(i) an indirect partner's distributive shares shall be treated as if attributable to a resident direct partner and the tax shall be determined using the method set forth in clause (iii) of subparagraph (A), except to the extent that certain shares are subject to the calculations set forth in clause (ii);

(ii) to the extent that the audited partnership or the commissioner can clearly demonstrate that an indirect partner is subject to income tax under chapter 63, including under said section 38Y of said chapter 63, the tax owed on such partner's distributive share shall be calculated using the methods set forth in clause (ii) of subparagraph (A);

(iii) to the extent that the audited partnership can clearly demonstrate that an indirect partner is subject to tax under said section 5A of said chapter 62 or said section 10 of said chapter 62, the tax owed on the amount of the partner's distributive share required to be sourced to the commonwealth under said section 5A of said chapter 62 or said section 10 of said chapter 62 shall be calculated using the method set forth in clause (iv) of subparagraph (A); and

(iv) to the extent that the audited partnership can clearly demonstrate that an indirect partner is not subject to Massachusetts income tax, the distributive share attributable to the partner shall be excluded from the calculation; and

(C) the amount to be paid by the audited partnership on behalf of the partners shall be determined by adding the amounts determined in clauses (ii) to (iv), inclusive, of subparagraph (A), the amounts determined in clauses (i) to (iii), inclusive, of subparagraph (B) and any interest or penalty attributable to the respective partners as determined under chapters 62, 62C and 6.

(2) A partnership that makes an election under this subsection that is not otherwise subject to the laws of the commonwealth shall consent to be subject to such laws. A partnership that makes this election shall be subject to section 31A as if it were an individual.

(3) An election made pursuant to this subsection is irrevocable, unless the commissioner consents to a partnership's request to revoke the election or determines that the election was made to avoid the imposition of the proper amount of tax.

(4) If properly reported and paid, the amount determined under this subsection with respect to an audited partnership shall be treated as paid on behalf of the partners of the partnership. Such partners shall not take any deduction or credit for this amount or based on this amount or claim a refund of this amount. Nothing in this section shall preclude a resident partner from claiming a credit against taxes paid to another jurisdiction under subsection (a) of section 6 of said chapter 62 for any amount paid by the partnership on the resident partner's behalf to another jurisdiction.

(f) The direct and indirect partners of an audited partnership that are tiered partnerships, and all of the partners of such tiered partnerships that are subject to tax under chapter 62 or chapter 63, shall be subject to the reporting and payment requirements of subsections (b), (c) and (d). The indirect partners and their partners shall make required reports and payments not later than 90 days after the time for filing and furnishing statements to the indirect partners and their partners consistent with section 6226 of the Code. For an audited partnership that has not made the election under subsection (e), its partners that are tiered partnerships are entitled to make such election, and to pay an amount on behalf of such tiered partnerships' partners, consistent with said subsection (e).

(g) An audited partnership and a partner of an audited partnership that makes an election pursuant to subsection (e) shall be a taxpayer for purposes of chapters 62, 62C and 6, as applicable, with respect to the duties and obligations imposed by, and any rights resulting from, said chapters 62, 62C and 6 and this section.

(h) The commissioner may enter into an agreement with an audited partnership or a tiered partnership to use an alternative reporting and payment method.

(i) If an audited partnership fails to timely make a payment or file a report required under this section or underpays any taxes due, the commissioner may assess 1 or more partners for taxes they owe under chapter 62 or chapter 63, including interest and penalties, according to the commissioner's best information and belief.

(j) Nothing in this section shall limit the ability of the commissioner to audit or assess direct partners, indirect partners or tiered partnerships with respect to items derived from an audited partnership or the ability of the commissioner to inspect the books and records of an audited partnership.

(k) For purposes of this section, a partnership representative shall have the sole authority to act on behalf of the audited partnership and its direct and indirect partners with respect to actions taken by the audited partnership under this section. The audited partnership's direct and indirect partners shall be bound by the partnership representative's actions. The partnership representative shall be deemed to be the partnership representative as determined under the Code; provided, however, that the commissioner may modify the determination and provide additional rules for making the determination through regulations or other guidance.

(l) An audited partnership or a partner of the audited partnership may make payments to the commissioner as set forth in chapters 62, 62C or 63 of a tax expected to be due from a pending partnership-level audit prior to the due date of the federal adjustments report. The payments shall be credited against any tax liability ultimately found to be due and shall limit the accrual of further statutory interest on such amount. If the payments exceed the final tax liability, including any interest and penalties, the audited partnership or partner may be entitled to a refund or credit, as the case may be, under said chapters 62, 62C or 63, as applicable, if the audited partnership or partner files a federal adjustments report or claim for a refund not later than 1 year after the final determination date.

(m) The commissioner may promulgate regulations and issue other guidance to implement or explain the provisions of this section. Such regulations or other guidance may apply the principles set forth in sections 6221 to 6242, inclusive, of the Code or federal regulations or other guidance promulgated or issued thereunder to prevent the omission or duplication of state tax due as the result of a partnership-level audit and to account for differences between federal and state law.

Said chapter 62C is hereby further amended by inserting after section 35E the following section:-

Section 35F. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Automated sales suppression device", a software program, carried on a memory stick or removable compact disc or accessed through an internet link or through any other means, that falsifies the electronic records of electronic cash registers or other point-of-sale systems including, but not limited to, transaction data and transaction reports.

"Phantom-ware", a hidden programming option that is embedded in the operating system of an electronic cash register or hardwired into the electronic cash register and may be used to create a virtual second till or to eliminate or manipulate transaction records to represent the true or manipulated record of transactions in the electronic cash register.

(b) A person or entity that sells or offers for sale an automated sales suppression device or phantom-ware shall, in addition to any other penalty provided by this chapter, be subject to a civil penalty of not more than $25,000 for the first offense and not more than $50,000 for each subsequent offense. A person or entity that purchases, installs, transfers, maintains, repairs or possesses an automated sales suppression device or phantom-ware shall, in addition to any other penalty provided by this chapter, be subject to a civil penalty of not more than $10,000 for the first offense and not more than $25,000 for each subsequent offense. The penalty shall be paid upon notice by the commissioner and shall be assessed and collected in the same manner as a tax.

Section 40 of chapter 64C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words, "contraband tobacco distribution" and inserting in place thereof the following words:- the distribution of contraband tobacco and tobacco products, as defined in section 6 of chapter 270.

Said section 40 of said chapter 64C, as so appearing, is hereby further amended by striking out, in line 16, the words "illegal tobacco distribution" and inserting in place thereof the following words:- the distribution of contraband tobacco and tobacco products, as defined in section 6 of chapter 270,.

Subparagraph (1) of paragraph (c) of subdivision (1) of section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this subparagraph requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

The fourth paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this section requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

Section 12 of chapter 94G of the General Laws, as so appearing, is hereby amended by inserting after the word "chapter", in line 36, the following words:- or any hemp and hemp products cultivated and manufactured in compliance with a license from the department of agricultural resources pursuant to chapter 128 and is in compliance with regulations set forth by the United States Department of Agriculture.

Section 5 of chapter 111K of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the figure "5" and inserting in place thereof the following figure:- 10.

Said section 5 of said chapter 111K, as so appearing, is hereby further amended by inserting after the word "year", in line 25, the following words:- or 10 per cent of the carry forward balance for any fiscal year with reduced or no transfers into the fund.

Chapter 112 of the General Laws is hereby amended by striking out sections 12K to 12U, inclusive, as so appearing, and inserting in place thereof the following 8 sections:-

Section 12K. As used in sections 12L to 12R, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:-

"Abortion", any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that "abortion" shall not include providing care related to a miscarriage.

"Hospital", an institution as defined in section 52 of chapter 111 and duly licensed pursuant to section 51 of said chapter 111.

"Nurse midwife", a nurse who is designated as a certified nurse midwife by the board of registration in nursing pursuant to section 80B.

"Nurse practitioner", a nurse who is designated as a certified nurse practitioner by the board of registration in nursing pursuant to section 80B.

"Physician", a person registered with the board of registration in medicine to practice medicine within the commonwealth.

"Physician assistant", a person who is a graduate of an approved program for the training of physician assistants and who is supervised by a physician in accordance with sections 9C to 9K, inclusive.

"Pregnancy", the presence of an implanted human embryo or fetus in the uterus.

Section 12L. The commonwealth, or a subdivision thereof, shall not interfere with a person's personal decision and ability to prevent, commence, terminate or continue their own pregnancy consistent with this chapter, or restrict the use of medically appropriate methods of abortion or the manner in which medically appropriate abortion is provided.

Section 12M. A physician, physician assistant, nurse practitioner or nurse midwife may perform an abortion consistent with the scope of their practice and license if, in their best medical judgment, the pregnancy has existed for less than 24 weeks.

Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician and only if it is necessary, in the best medical judgment of the physician, to preserve the life of the patient, if it is necessary, in the best medical judgment of the physician, to preserve the patient's physical or mental health or, in the best medical judgment of the physician, an abortion is warranted because of a lethal fetal anomaly or the fetus is incompatible with sustained life outside the uterus.

Section 12O. If an abortion is performed pursuant to section 12N, the facility where the abortion is performed shall maintain life-supporting equipment, as defined by the department of public health, to enable the physician performing the abortion to take appropriate steps, in keeping with good medical practice and consistent with the procedure being used, to preserve the life and health of a live birth and the patient.

Section 12P. Except in an emergency requiring immediate action, an abortion shall not be performed under section 12M or section 12N unless the written informed consent of the proper person has been obtained as set forth in section 12R.

Except in an emergency requiring immediate action, an abortion shall not be performed under section 12N unless performed in a hospital duly authorized to provide facilities for obstetrical services.

Section 12Q. The commissioner of public health shall collect aggregate data on abortions performed by a physician, physician assistant, certified nurse practitioner or certified nurse midwife on a form promulgated by the commissioner that shall include, but not be limited to, the: (i) date and place of the abortions performed; (ii) ages of the pregnant patients; (iii) method used to perform the abortions; and (iv) gestational age when the abortions were performed. The commissioner shall prepare from these forms such statistical tables with respect to maternal health, abortion procedures and gestational age as the commissioner deems useful and shall make an annual report thereof to the general court. Nothing in this section shall limit the authority of the department of public health to require reports pursuant to sections 24A and 25A of chapter 111.

Section 12R. An abortion shall not be performed without first obtaining the written informed consent of the patient seeking an abortion. The commissioner of public health shall prescribe a form to use in obtaining such consent. A patient seeking an abortion shall sign the consent form in advance of the time for which the abortion is scheduled, except in an emergency requiring immediate action; provided, however, that this requirement shall not impose any waiting period between the signing of the consent form and the patient obtaining the abortion. The patient shall then return it to the physician, physician assistant, nurse practitioner or nurse midwife performing the abortion who shall maintain it in their files and who shall destroy it 7 years after the date upon which the abortion is performed.

The consent form and any other forms, transcript of evidence or written findings or conclusions of a court shall be confidential and shall not be released to any other person except by the patient's written informed consent or by a proper judicial order, other than to the patient themselves, to whom such documents relate, the physician, physician assistant, nurse practitioner or nurse midwife who performed the abortion or any person whose consent is obtained pursuant to this section or under any other applicable state or federal law. If a patient is less than 16 years of age and has not married, an abortion shall not be performed unless the physician, physician assistant, nurse practitioner or nurse midwife first obtains both the consent of the patient and that of 1 of the patient's parents or guardians, except as hereinafter provided. In deciding whether to grant such consent, a patient's parent or guardian shall consider only the patient's best interests. If a patient less than 16 years of age has not married and if the patient is unable to obtain the consent of 1 of their parents or 1 of their guardians to the performance of an abortion, or if they elect not to seek the consent of a parent or a guardian, or in the case of incest, a judge of the superior court department of the trial court of the commonwealth shall, upon petition or motion, and after an appropriate hearing held in person or via teleconference at the patient's option, authorize a physician, physician assistant, nurse practitioner or nurse midwife to perform the abortion if the judge determines that the patient is mature and capable of giving informed consent to the procedure or, if the judge determines that the patient is not mature, that performance of an abortion would be in the patient's best interests. A patient less than 16 years of age may participate in proceedings in the superior court department of the trial court on their own behalf and the court may appoint a guardian ad litem for the patient. The court shall, however, advise the patient that they have a right to court appointed counsel and shall, upon the patient's request, provide the patient with such appointed counsel. Proceedings in the superior court department of the trial court under this section shall be confidential and shall be given such precedence over other pending matters that the court may reach a decision promptly and without delay so as to serve the best interests of the patient. The chief justice of the superior court department of the trial court shall establish procedures for conducting proceedings under this section promptly and without delay including, but not limited to, procedures to accommodate the patient outside of normal court hours. A judge of the superior court department of the trial court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting their decision and shall order a record of the evidence to be maintained including the findings and conclusions. Exclusive jurisdiction over appeals of a denial by the superior court of authorization for a patient to obtain an abortion is hereby conferred on the supreme judicial court or a single justice thereof. Notwithstanding section 12F, a patient may provide consent and consent shall be granted under subparagraphs (ii) to (vi), inclusive, of said section 12F for abortion if the minor is not less than 16 years of age.

Section 12 of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The division shall develop and implement a standard credentialing form for use by health care providers applying to participate in MassHealth. The division, all contracted entities, health maintenance organizations established under this section and any subcontracted entities shall accept the standard credentialing form as sufficient information necessary to conduct its credentialing process.

Subsection (g) of section 32 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 65 and 66, and in line 71, the words "the rate provided under section 6B of chapter 231", each time they appear, and inserting in place thereof the following words:- 3.25 per cent per annum.

Said chapter 118E, as so appearing, is hereby amended by inserting after section 67 the following section:-

Section 67A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Ambulance service", as defined in section 1 of chapter 111C.

"Executive office", the executive office of health and human services.

"Gross patient service revenue", the total dollar amount of nonpublic ambulance charges for services rendered in a fiscal year.

"Nonpublic ambulance assessed charges", gross patient service revenue attributable to all patients less bad debt, charity care and payer discounts.

"Nonpublic ambulance service", ambulance services which are not provided by a city or town, county, district or other governmental body and are licensed pursuant to section 6 of chapter 111C.

"Total nonpublic ambulance service assessment amount", an amount not less than 1-quarter of 1 per cent lower than the maximum limit for a provider assessment pursuant to 42 C.F.R. 433.68(f), inclusive of an annual amount of $500,000; provided, that the annual amount of $500,000 shall be for administrative costs of the executive office.

(b) A nonpublic ambulance service's liability to the Nonpublic Ambulance Service Reimbursement Trust Fund, established in section 2KKKKK of chapter 29, shall equal the product of: (i) the ratio of its nonpublic ambulance assessed charges to all nonpublic ambulance services' nonpublic ambulance assessed charges statewide; and (ii) the total nonpublic ambulance service assessment amount. Annually, before October 1, the executive office shall establish each nonpublic ambulance service's liability to said fund using the best data available as determined by the executive office and shall update each nonpublic ambulance service's liability to said fund as updated information becomes available. The executive office shall specify, by regulation an appropriate mechanism for interim determination and payment of a nonpublic ambulance service's liability to the fund. A nonpublic ambulance service's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the nonpublic ambulance service.

(c) There shall be imposed in each fiscal year a uniform assessment upon the nonpublic ambulance assessed charges of all nonpublic ambulance services. Such uniform assessment shall not be implemented unless and until the executive office receives notice of federal matching funds approval from the federal Centers for Medicare and Medicaid Services.

(d) All nonpublic ambulance services, regardless of payment model, shall be subject to the uniform assessment pursuant to subsection (c), including, but not limited to, those nonpublic ambulance services in fee-for-service and managed care arrangements. The uniform assessment shall be set as a percentage of the nonpublic ambulance assessed charges of each such nonpublic ambulance service and, for each fiscal year, the percentage shall be equal to the ratio of: (i) the total nonpublic ambulance service assessment amount for the same fiscal year; to (ii) the total nonpublic ambulance assessed charges in the same fiscal year and as the amount of those charges is determined by the executive office under this section. A nonpublic ambulance service's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the nonpublic ambulance service.

(e) The executive office shall establish an appropriate mechanism for enforcing each nonpublic ambulance service's liability to the fund in the event that a nonpublic ambulance service does not make a scheduled payment to the fund.

Section 21 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Parent" the following definition:-

"Reasonable and prudent parent standard", the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child and encourage the emotional and developmental growth of the child; provided, however, that factors to be considered shall include, but not be limited to, the child's age, the child's mental and behavioral health and other relevant factors that may affect the child's safety and well-being.

Said chapter 119 is hereby further amended by inserting after section 33B the following section:-

Section 33C. (a) A congregate care program under contract to provide foster care to children in the care or custody of the department shall ensure that not less than 1 individual be present on-site who, with respect to any child placed at the congregate care program, is designated to be the caregiver authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, including but not limited to, extracurricular, enrichment, cultural and other social activities, and who has been trained on how to use and apply the reasonable and prudent parent standard.

(b) A congregate care employee authorized and trained to apply the reasonable and prudent parent standard, and their employer, shall be immune with respect to tort claims against the employee related to the employee's decision to allow a foster child to participate in age or developmentally-appropriate activities if the employee acted in accordance with the reasonable and prudent parent standard. Immunity under this subsection shall not apply if the harm claimed was caused by an act or omission constituting: (i) gross negligence; (ii) recklessness; or (iii) conduct with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity and expression.

Section 40 of chapter 130 of the General Laws is hereby repealed.

Section 14 of chapter 150E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 12, the word "sixty" and inserting in place thereof the following figure:- 90.

Section 47B of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(k) An insurer may not deny coverage for any behavioral health services or any evaluation and management office visit solely because the behavioral health services and the evaluation and management office visit were delivered on the same day in the same practice or facility, unless the behavioral health services and the evaluation and management office visit were delivered by the same provider or by providers of the same specialty.

The division of insurance shall provide guidance relative to implementation of this subsection.

Section 8A of chapter 176A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(j) A nonprofit hospital service corporation may not deny coverage for any behavioral health services or any evaluation and management office visit solely because the behavioral health services and the evaluation and management office visit were delivered on the same day in the same practice or facility, unless the behavioral health services and the evaluation and management office visit were delivered by the same provider or by providers of the same specialty.

The division of insurance shall provide guidance relative to implementation of this subsection.

Section 4A of chapter 176B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(j) A nonprofit medical service corporation may not deny coverage for any behavioral health services or any evaluation and management office visit solely because the behavioral health services and the evaluation and management office visit were delivered on the same day in the same practice or facility, unless the behavioral health services and the evaluation and management office visit were delivered by the same provider or by providers of the same specialty.

The division of insurance shall provide guidance relative to implementation of this subsection.

Section 4M of chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(j) A health maintenance organization may not deny coverage for any behavioral health services or any evaluation and management office visit solely because the behavioral health services and the evaluation and management office visit were delivered on the same day in the same practice or facility, unless the behavioral health services and the evaluation and management office visit were delivered by the same provider or by providers of the same specialty.

The division of insurance shall provide guidance relative to implementation of this subsection.

Chapter 176O of the General Laws is hereby amended by adding the following section:-

Section 29. (a) The bureau of managed care shall develop and implement standard credentialing forms for health care providers. A carrier, or any entity that manages or administers benefits for a carrier, shall accept the standard credentialing form for contracting providers as sufficient information necessary to conduct its credentialing process.

(b) The bureau shall promulgate regulations establishing uniform standards and methodologies for credentialing of health care providers. The regulations shall include, but not be limited to, requirements that, for conducting a credentialing review of a health care provider, a carrier, or any entity that manages or administers benefits for a carrier, shall: (i) use and accept only the credentialing forms designated by the commissioner; and (ii) review a submitted credentialing form for a health care provider and respond to the health care provider not more than 20 business days after receiving a completed credentialing request.

Nothing in this section shall prohibit a carrier, or any entity that manages or administers benefits for a carrier, from using a credentialing methodology that utilizes an internet webpage, internet webpage portal or similar electronic, internet and web-based system in lieu of a paper form; provided, however, that upon request, a carrier, or any entity that manages or administers benefits for a carrier, shall make a paper credentialing form available to a health care provider.

(c) A carrier, or an entity that manages or administers benefits for a carrier, that contracts with another entity to perform some or all of the functions governed by this chapter shall be responsible for ensuring that the contracted entity is in compliance with this chapter. The carrier shall be responsible to remedy a failure by the contracted entity to meet the requirements of this chapter and shall be subject to any related enforcement actions, including financial penalties, authorized under this chapter.

Section 11 of chapter 211D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsections (c) and (d) and inserting in place thereof the following subsection:-

(c) Notwithstanding the billable hour limitation in subsection (b), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases if the chief counsel 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 be paid for any time billed in excess of 2,000 billable hours. It shall be the responsibility of private counsel to manage their billable hours.

Section 12 of said chapter 211D, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

(a) The committee shall establish policies and procedures to provide fair compensation to private counsel and vendors, which shall include a remedy for an attorney aggrieved by the amount of payment. The committee shall also establish an audit and oversight department to monitor billing and private attorney and vendor compensation. All private attorney bills shall be processed for payment within 30 days of receipt by the chief counsel, excluding any bills held for review or audit. Bills shall be submitted to the committee within 30 days from the conclusion of a case or within 30 days after the end of such fiscal year during which the legal services were provided if the case is pending at the end of the fiscal year, whichever date is earlier. Bills submitted after such dates need not be processed for payment within 30 days. The amount of payment for a bill received by the chief counsel more than 30 days but less than 60 days from conclusion of a case, or more than 30 days but less than 60 days after the end of such fiscal year during which the legal services were provided, whichever date is earlier, shall be reduced by 10 per cent. Any bill submitted after 60 days shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bill, either in whole or in part, upon a determination that the delay was due to extraordinary circumstances beyond the control of the attorney.

(b) Bills shall be submitted to the committee for services provided under sections 27A to 27G, inclusive, of chapter 261 within 30 days of the last date of service or within 30 days after the end of such fiscal year during which the services were provided if the case is pending at the end of the fiscal year, whichever date is earlier. The amount of payment for a bill received by the chief counsel more than 30 days but less than 60 days from the last date of service, or more than 30 days but less than 60 after the end of such fiscal year during which services were provided, whichever date is earlier, shall be reduced by 10 per cent. Any bill submitted after 60 days shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bill either in whole or in part upon a determination that the delay was due to extraordinary circumstances beyond the control of the vendor.

Section 64A of chapter 221 of the General Laws, as so appearing, is hereby amended by inserting after the word "binding", in line 2, the following words:- or for the execution of the publication in electronic format.

Said section 64A of said chapter 221, as so appearing, is hereby further amended by inserting after the word "binding", in line 6, the following words:- or for publication in electronic format.

Said section 64A of said chapter 221, as so appearing, is hereby further amended by inserting after the word "printing", in line 14, the following words:- or publication in electronic format.

Section 19 of chapter 122 of the acts of 2005 is hereby amended by inserting after the word "registry", in line 7, the following words:- ; provided, however, that approval procedures for ignition interlock device servicing and monitoring entities shall require any entity seeking certification to agree to provide all program costs, including installation, maintenance and removal, at no cost to a person who presents documentation issued by the registrar that such cost would cause a grave and serious hardship to the offender or the offender's family; provided further, that documentation of grave and serious hardship to the offender or the offender's family shall include, but not be limited to, evidence of a valid electronic benefit transfer card, evidence of a valid MassHealth benefits card or evidence the offender was appointed counsel or otherwise had their financial status verified after filing an affidavit of indigency; and provided further, that the registrar shall provide notice to a person seeking application for a certified ignition interlock device that the person may obtain a certified ignition interlock device, services and monitoring at no cost if such cost would cause a grave and serious hardship to the offender or the offender's family.

Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2021", inserted by section 15 of chapter 142 of the acts of 2019, and inserting in place thereof the following figure:- 2023.

Subsection (e) of section 14 of chapter 188 of the acts of 2016 is hereby amended by striking out the words "its entire membership" and inserting in place thereof the following words:- those members in attendance.

The last paragraph of section 21 of chapter 157 of the acts of 2018 is hereby amended by striking out the words "January 1, 2020" and inserting in place thereof the following words:- January 1, 2022.

Section 32 of chapter 34 of the acts of 2019 is hereby amended by striking out the words "March 31, 2020" and inserting in place thereof the following words:- December 31, 2021.

Item 7008-1116 of section 2 of chapter 41 of the acts of 2019 is hereby amended by inserting after the word "Millbury" the following words:- and such funds shall be made available until June 30, 2021.

Section 90 of said chapter 41 is hereby amended by striking out the words "December 31, 2019" and inserting in place thereof the following words:- July 31, 2021.

Section 4 of chapter 19 of the acts of 2020 is hereby amended by striking out the words "January 31, 2021" and inserting in place thereof the following words:- July 31, 2021.

Section 5 of said chapter 19 is hereby amended by striking out the words "December 31, 2021" and inserting in place thereof the following words:- October 31, 2022.

Section 6 of said chapter 19 is hereby amended by striking out the words "January 31, 2021" and inserting in place thereof the following words:- July 31, 2021.

The first paragraph of subsection (a) of section 14 of chapter 53 of the acts of 2020 is hereby amended by striking out the words "year 2020" and inserting in place thereof the following words:- years 2020 and 2021.

Paragraph (ii) of subsection (b) of section 17 of said chapter 53 is hereby amended by striking out the words "December 1, 2020", as appearing in section 33 of chapter 201 of the acts of 2020, and inserting in place thereof the following words:- February 1, 2021.

Subsection (d) of section 2 of chapter 93 of the acts of 2020, as amended by section 90 of chapter 124 of the acts of 2020, is hereby further amended by striking out the words "September 15, 2020" and inserting in place thereof the following words:- February 28, 2021.

Subsection (e) of said section 2 of said chapter 93, as most recently amended by section 92 of said chapter 124, is hereby further amended by striking out the words "September 15, 2020" and inserting in place thereof the following words:- February 28, 2021.

Item 1599-1232 of section 2A of chapter 124 of the acts of 2020 is hereby amended by inserting after the words "operating in the summer of 2020" the following words:- or 2021.

Notwithstanding section 2 of chapter 15D of the General Laws or any other general or special law to the contrary, the commissioner of early education and care, with approval from the board of early education and care, shall have the authority, until February 28, 2021, to establish and implement a revised sliding fee scale, authorized pursuant to said section 2 of said chapter 15D, prior to a public hearing under chapter 30A of the General Laws; provided, however, that the department shall initiate a public hearing under said chapter 30A not later than 30 days after implementation of the revised sliding fee scale; and provided further, that said sliding fee scale shall remain in effect for not more than 6 months.

Notwithstanding clause (3) of the fifth paragraph of section 14 of chapter 23A of the General Laws, in order to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, for fiscal year 2021, for grants provided pursuant to said section 14 of said chapter 23A, the maximum amount received by a private nonprofit agency from the office of travel and tourism may be more than the amount received by nongovernmental sources.

Notwithstanding section 6I of chapter 40J of the General Laws, item 7007-1202 of section 2 of chapter 47 of the acts of 2017 and said item 7007-1202 of section 2 of chapter 154 of the acts of 2018, the balance of any funding previously appropriated to the Massachusetts Technology Park Corporation under said items shall be made available to the department of elementary and secondary education to effectuate the purposes set forth in item 7010-1202 of section 2 of this act.

Notwithstanding subparagraph (13) of paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, a deduction under said subparagraph (13) of said paragraph (a) of said Part B of said section 3 of said chapter 62 shall not be allowed for the taxable year beginning January 1, 2021.

Notwithstanding section 30B of chapter 62C of the General Laws, if the final determination date under said section 30B of said chapter 62C was prior to the effective date of section 31, the time for reporting and payment under subsection (d) of said section 30B of said chapter 62C shall be extended to 180 days after such effective date.

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 2021, 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.

(a) Notwithstanding section 11 or section 12 of chapter 186 of the General Laws, chapter 239 of the General Laws or any other general or special law to the contrary, on and after the effective date of this act until the termination of the state of emergency concerning the outbreak of COVID-19 as declared by the governor on March 10, 2020, a notice to quit for nonpayment of rent given in writing by a landlord to a residential tenant pursuant to said section 11 or said section 12 of said chapter 186 shall be accompanied by a form that shall include, but not be limited to: (i) an attestation as to whether the tenant provided a declaration form pursuant to the federal Centers for Disease Control and Prevention order entitled "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19"; (ii) an attestation as to whether the dwelling unit is a covered dwelling under section 4024(a)(1) of the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, and whether the notice to quit is in compliance with section 4024(c) of said act; (iii) documentation of any agreements between the tenant and landlord for the tenant to repay the landlord for non-payment of rent; and (iv) information on: (A) rental assistance programs including, but not limited to, the residential assistance for families in transition program and the emergency rental and mortgage assistance program; (B) applicable trial court rules, standing orders or emergency administrative orders pertaining to actions for summary process; and (C) any relevant federal or state legal restrictions on residential evictions. The form shall also prominently display the following statement:

"THIS NOTICE TO QUIT IS NOT AN EVICTION. YOU DO NOT NEED TO IMMEDIATELY LEAVE YOUR UNIT. YOU ARE ENTITLED TO A LEGAL PROCEEDING IN WHICH YOU CAN DEFEND AGAINST THE EVICTION. ONLY A COURT ORDER CAN FORCE YOU TO LEAVE YOUR UNIT."

The executive office of housing and economic development shall develop the form required under this subsection and make it publicly available on its website not later than December 18, 2020. The information in clause (iv) shall be made available in the 5 most common languages in the commonwealth, in addition to English. On or after December 18, 2020, a court having jurisdiction over an action for summary process pursuant to said chapter 239, including the Boston municipal court department, shall not, in an eviction for nonpayment of rent for a residential dwelling unit, accept for filing a writ, summons or complaint without proof of delivery of the form required under this subsection.

(b) Notwithstanding section 11 or section 12 of chapter 186 of the General Laws or any other general or special law to the contrary, from the passage of this act until the termination of the state of emergency concerning the outbreak of the novel coronavirus disease, also known as COVID-19, declared by the governor on March 10, 2020, a landlord shall send electronically a copy of any notice to quit for nonpayment of rent given in writing by the landlord to a residential tenant pursuant to said section 11 or said section 12 of said chapter 186 to the executive office of housing and economic development; provided, however, that personal identifying information in notices to quit received by the executive office of housing and economic development shall not be a public record as defined by clause Twenty-sixth of section 7 of chapter 4 of the General Laws or chapter 66 of the General Laws. The executive office of housing and economic development shall keep any personal identifying information in a notice to quit confidential; provided, however, that the executive office of housing and economic development may share such information with the individuals named in the notice to quit, the landlord or, to the extent permitted under federal law, a regional administering agency or housing consumer education center for the purposes of providing housing stability resources to tenants at risk of eviction.

(c) The executive office of housing and economic development shall issue emergency regulations as necessary to implement this section.

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"COVID-19 emergency", the state of emergency concerning the outbreak of COVID-19 as declared by the governor on March 10, 2020.

"Short-term emergency rental assistance", temporary financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program, the emergency rental and mortgage assistance program or any other program established or modified as a result of the COVID-19 emergency and administered by the department of housing and community development, a municipality or a nonprofit entity administering such program, using public funds, on behalf of the department, a municipality or a federal agency to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit.

(b) Notwithstanding chapter 239 of the General Laws or any other general or special law, rule, regulation or order to the contrary, during the COVID-19 emergency, a court having jurisdiction over an action for summary process under said chapter 239, including the Boston municipal court department, shall grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (i) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (ii) the non-payment of rent was due to a financial hardship related to or exacerbated by the COVID-19 emergency; and (iii) the defendant demonstrates, to the satisfaction of the court, a pending application for short-term emergency rental assistance; provided, however, notwithstanding this subsection, the court may consider any meritorious counterclaim brought in said action for summary process; provided further, that the court shall issue a stay of execution on a judgment for possession if the requirements in clauses (i) to (iii), inclusive, are met; and provided further, that the court shall not enter a judgment or issue an execution before the application has been approved or denied.

(c) Notwithstanding any general or special law to the contrary, not later than the fifteenth day of each month during the COVID-19 emergency, the executive office of the trial court shall submit a report for the previous month to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process; (ii) the number of default judgments entered, delineated by the reason for the summary process filing; (iii) the number of execution for possession orders granted, delineated by the reason for the summary process filing; (iv) the number of continuances requested and granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (v) the number of stays issued due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (vi) the average length of a continuance and stay granted under said subsection (b); (vii) the number of stays requested, granted or denied pursuant to sections 9 and 10 of chapter 239 of the General Laws; (viii) the number of landlords and tenants participating in pre-trial mediation and, to the extent practicable, the outcome of each mediation; (ix) the number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources; and (x) any other relevant information as the trial court may decide.

Notwithstanding 430 CMR 22.06, 430 CMR 5.06 or any general or special law to the contrary, a reimbursable nonprofit organization shall have until June 30, 2021 to make payment in lieu of contributions pursuant to section 14 or section 14A of chapter 151A of the General Laws without penalty or interest.

Notwithstanding the annual reporting deadline of November 1 set forth in subsection (f) of section 2IIIII of chapter 29 of the General Laws, inserted by section 23, the commissioner of early education and care shall file its report pursuant to said subsection (f) of said section 2IIIII of said chapter 29 for calendar year 2021 not later than February 1, 2021.

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, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to 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 senate and house committees on ways and means and 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 said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund established in subdivision (8) of said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.

(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 2021 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 2021 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 2021 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 2021 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 2021.

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 2021 to support the Medicare Saving 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, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer not less than 45 days before the transfer.

Notwithstanding any general or special law to the contrary, in hospital fiscal year 2021, 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 clerks of the senate and house of representatives and 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, 2022.

(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 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund required under subsection (b) of section 189 of chapter 149 of the General Laws shall not apply in fiscal year 2021.

Notwithstanding any general or special law to the contrary, on or before the fifteenth day of each month, during the COVID-19 emergency, the department of housing and community development shall submit a report to the house and senate committees on ways and means and the joint committee on housing, detailing the activities of the governor's COVID-19 eviction diversion initiative from the prior month. The report shall include a breakdown of each rental and housing assistance program, including, but not limited to: (a) the expansion of the residential assistance for families in transition program, which shall include: (i) the number of households who applied for assistance; (ii) the number of households approved for assistance; (iii) the number of households denied assistance and reason for such denial; (iv) the minimum, median and average amount of financial assistance awarded; (v) the average number of days between the submission of an application and its approval or denial; (vi) the number of landlords who applied for assistance on behalf of tenants; and (vii) a breakdown of how assistance was utilized by each household receiving assistance, including, but not limited to, curing rental arrears, moving expenses, security deposit, first and last month's rent or other purposes; (b) the emergency rental and mortgage assistance program, which shall include: (i) the number of households who applied for assistance, delineated by rental assistance and mortgage assistance; (ii) the number of households approved for assistance, delineated by rental assistance and mortgage assistance; (iii) the number of households denied assistance and reason for such denial; (iv) the minimum, median and average amount of financial assistance awarded; (v) the average number of days between the submission of an application and its approval or denial; and (vi) a breakdown of how assistance was utilized by each household receiving assistance, including, but not limited to, curing rental arrears, curing mortgage arrears, moving expenses, security deposit, first and last month's rent or other purposes; (c) the expansion of the housing consumer education centers, which shall include: (i) the number of households served, including number of households served by geographic area; and (ii) the number of special services coordinators assigned to each site; (d) rapid rehousing assistance through the HomeBase program, the Strategic Prevention Initiative and any other temporary program established to assist in rapid rehousing of families and individuals which shall include: (i) the number of households receiving assistance; (ii) the type of assistance given; and (iii) the average amount provided to each household receiving assistance; (e) the expansion of the tenancy preservation program which shall include: (i) the number of households served; (ii) the number of trained staff; and (iii) the number of applications filed; and (f) any other relevant information as the department may decide. The report shall also include the number of notices to quit received by the executive office of housing and economic development under section 79.

Notwithstanding any general or special law to the contrary, the department of revenue shall analyze the administrative and revenue impacts of implementing either an elective or mandatory entity-level tax on noncorporate businesses, coupled with a refundable tax credit equal to the distributive share of the entity-level tax for each owner or member, for the purposes of allowing such noncorporate business owners or members to avoid the limitation on the deduction for state and local taxes under section 11042 of the federal Tax Cuts and Jobs Act, P.L. 115-97. The analysis shall include, but not be limited to: (i) a review of entity-level taxes on noncorporate businesses, and corresponding refundable tax credits, in other states implemented for such purpose; (ii) a distributional analysis of which taxpayers would benefit from an entity-level tax and corresponding refundable tax credit; (iii) an assessment of administrative challenges related to the implementation of such entity-level tax and refundable tax credit; (iv) an estimate of the revenue impact, if any, of such entity-level tax and refundable tax credit; and (v) a description of any legislation that would be necessary to carry into effect the entity-level tax and refundable tax credit.

The department of revenue shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on revenue and the senate and house committees on ways and means not later than March 1, 2021.

Notwithstanding any general or special law to the contrary, the department of public health, pursuant to its authority under subsection (g) of section 7 of chapter 94C of the General Laws, shall promulgate regulations to allow: (i) student nurses and recently graduated student nurses, as included in the definition of "nurse" in section 1 of said chapter 94C; (ii) medical specialty camp staff trained under the supervision of a practitioner as defined in section 1 of said chapter 94C; and (iii) certified diabetes care and education specialists in good standing with the Certification Board for Diabetes Education and Care, to administer medication to campers at medical specialty camps as defined in the state sanitary code.

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 2021 by increasing the final fiscal year 2020 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 2021. 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.

(a) Notwithstanding any general or special law to the contrary, if the committee for public counsel services determines that there is a limited availability of qualified private counsel appointed or assigned to care and protection cases in any county, the committee may, by a majority vote, declare an emergency in that county.

(b) Upon the declaration of an emergency pursuant to subsection (a), the committee may authorize a temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases in that county who, prior to the declaration of an emergency, have billed not less than 350 hours in the current fiscal year as private counsel appointed or assigned to care and protection cases or who have billed not less than 700 hours in the previous fiscal year as private counsel appointed or assigned to care and protection cases. The committee shall designate a certain minimum number of cases to be taken by each private appointed counsel who is designated as eligible to receive the emergency temporary rate of compensation. The temporary increase in the rate of compensation shall be for new case assignments made on or after the date of the declaration of an emergency pursuant to subsection (a). The temporary increase in the rate of compensation shall apply for the duration of those new case assignments. The temporary increase in the rate of compensation for private counsel appointed or assigned to care and protection cases approved by the committee shall not exceed $75 per hour. If the committee determines that the increase in the rate of compensation has not resulted in a sufficient increase in the number of care and protection assignments being taken by private counsel, the committee may modify the eligibility criteria. The chief counsel shall notify the chairs of the house and senate committees on ways and means of any such modification.

(c) Upon the declaration of an emergency pursuant to subsection (a), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to represent clients in care and protection cases in the specified county; provided, however, that any counsel appointed or assigned to such cases shall not be paid for any time billed in excess of 2,000 billable hours.

(d) The committee may limit the availability of the rate of compensation authorized in subsection (b) based on the committee's monitoring and evaluation of the performance of counsel under section 10 of chapter 211D of the General Laws or to attorneys whose offices are located in particular counties.

Notwithstanding any special or general law to the contrary, for fiscal year 2021, of the $94,000,000 transferred in item 1595-6370 of section 2E, $90,500,000 shall be considered operating assistance and distributed to regional transit authorities based on fiscal year 2020 distributions, in accordance with the fiscal year 2020 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided, however, that each regional transit authority shall receive operating assistance from this item of not less than the amount received in fiscal year 2020; and provided further, that notwithstanding the forgoing, $3,500,000 of said operating assistance shall be distributed to each regional transit authority using a formula based on total transit ridership, the population of its member communities and service coverage area, provided that the formula be unanimously agreed to by all regional transit authorities and approved by the department. The operating assistance amount shall be spent to advance the goals and targets in the fiscal year 2020 bilateral memorandum of understanding between each regional transit authority and the department.

Of the amount to be distributed under item 1595-6370 of section 2E, $3,500,000 shall be distributed as performance grants to regional transit authorities. The performance grants shall be distributed to regional transit authorities that best demonstrate compliance with, or a 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. 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 any 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 31, 2021.

Notwithstanding any general or special law to the contrary, the comptroller shall, during fiscal year 2021, but prior to the calculation of the fiscal year 2021 consolidated net surplus in accordance with section 5C of chapter 29 of the General Laws, transfer not more than $1,700,000,000 to the General Fund from the Commonwealth Stabilization Fund, established by section 2H of chapter 29 of the General Laws, upon the written request of the secretary of administration and finance. The comptroller, in consultation with the secretary, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary and to the senate and house committees on ways and means.

Notwithstanding any general or special law to the contrary, a remote learning attendance and participation tracking system shall be used by any school district that adopts a remote learning model pursuant to 603 CMR 27.08(3)(b) to ensure that all students engage in remote learning meaningfully and substantially participate in their remote learning. Such tracking system shall also account for: (i) students with an extended absence; (ii) efforts made by the district to contact each parent or guardian of a student with an extended absence; and (iii) rates of chronic absenteeism. Each district shall report attendance and participation information, presented at both the school- and grade-level, to the department of elementary and secondary education monthly in a form and manner prescribed by the department. This information shall be made publicly available on the department's website.

Notwithstanding any general or special law to the contrary, not later than June 15, 2021, the health policy commission, in consultation with the board of registration in nursing, shall conduct an analysis and issue a report evaluating the commonwealth's entry into the nurse licensure compact. The study shall include, but not be limited to: (i) an analysis of registered nurse and licensed practical nurse job vacancies in the commonwealth broken down by practice specialization, and projected vacancies based on the demographics of the commonwealth's nursing workforce and nursing school graduate retention rates; (ii) an analysis of whether entry into the nurse licensure compact would increase the commonwealth's emergency and pandemic preparedness; (iii) an analysis of other states' entry into the nurse licensure compact and any impact on quality of care resulting from entry; (iv) an evaluation of the number of registered nurses and licensed practical nurses granted a temporary license under the emergency orders issued by the governor and the commissioner of public health pursuant to the governor's March 10, 2020 declaration of a state of emergency and the number of disciplinary actions taken by the board of registration in nursing on such nurses; (v) a comparison of the board of registration in nursing's oversight, background check and licensing authority under the emergency orders issued by the governor and the commissioner of public health pursuant the governor's March 10, 2020 declaration of a state of emergency and upon entry into the nurse licensure compact; (vi) an analysis of the ability of registered nurses and licensed practical nurses in the commonwealth to provide follow-up care across state lines, including via telehealth; (vii) an analysis of impacts to health care quality, cost and access resulting from other states' entry into the nurse licensure compact, as well as anticipated impacts to health care quality, cost and access associated with entry into the nurse licensure compact by the commonwealth; and (viii) recommendations regarding the commonwealth's entry into the nurse licensure compact. The report shall be filed with the speaker of the house of representatives, the senate president, the house and senate committees on ways and means and the joint committee on health care financing.

(a) There shall be a special commission to study and make recommendations to establish a statewide licensing process for home care agencies in the commonwealth. The commission shall study: (i) current licensure, reporting and oversight requirements across the long-term care services industry and support systems and other relevant state agencies, including the provider monitoring conducted by the aging services access points established in section 4B of chapter 19A of the General Laws, to avoid duplication or conflicting requirements; (ii) home care agency licensure requirements in other states; (iii) processes for implementing a statewide home care agency licensure process; and (iv) current licensure processes in the health care industry in Massachusetts. The commission may hold hearings and invite testimony from experts and the public to gather information, best practices and general feedback.

(b) The commission shall consist of the following 13 members: the commissioner of public health or their designee, who shall serve as chair; the secretary of elder affairs or their designee; the secretary of health and human services or their designee; the assistant secretary for MassHealth or their designee; the chairs of the joint committee on elder affairs or their designees; and 7 persons to be appointed by the governor: 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Massachusetts division of 1199SEIU-UHE, 1 of whom shall be a consumer of home care services and 1 of whom shall be representative of a home care agency that operates in multiple localities throughout the commonwealth.

(c) The commission shall make recommendations on: (i) strategies to implement a statewide home care agency licensure process; (ii) licensure, reporting and oversight requirements for the home care agencies; (iii) the standards for the issuance of a provisional license; (iv) ensuring recommendations for home care agency licensure process will align with state oversight process already in place through the aging services access points established in section 4B of chapter 19A of the General Laws, the home care worker registry established in section 4D of said chapter 19A and the nurse aide registry pursuant to sections 72F to 72L, inclusive, of chapter 111 of the General Laws; and (v) any other matters pertaining to licensing home care agencies.

(d) The commission shall submit a report containing its findings and 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, the joint committee on elder affairs and the joint committee on public health not later than October 1, 2021.

There shall be an interagency task force to review and investigate water and ground contamination of per- and polyfluoroalkyl substances across the commonwealth. The task force shall consist of 19 members: 3 members who shall be appointed by the senate president, 1 of whom shall serve as co-chair; 1 of whom shall be a scientist with expertise in per- and polyfluoroalkyl substance-contaminated water; 1 member who shall be appointed by the minority leader of the senate; 3 members who shall be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair; 1 member who shall be appointed by the minority leader of the house of representatives; 1 of whom shall be a physician trained in environmental medicine; the attorney general or their designee; the secretary of energy and environmental affairs or their designee; the secretary of public safety and security or their designee; the commissioner of environmental protection or their designee; the commissioner of public health or their designee; the commissioner of agricultural resources or their designee; the director of the Massachusetts emergency management agency or their designee; the state fire marshal or their designee; the executive director of the Massachusetts Municipal Association, Inc. or their designee; the executive director of the Massachusetts Water Resources Authority or their designee; and the executive director of the Massachusetts Water Works Association, Inc. or their designee.

The task force shall: (i) gather and review information regarding known locations of per- and polyfluoroalkyl substances detection and create response plan strategies; (ii) identify significant data gaps in the knowledge of per- and polyfluoroalkyl substances and develop recommendations to address the gaps; (iii) identify opportunities for public education regarding per- and polyfluoroalkyl substances contamination and the effects of its exposure on public health and the environment; (iv) identify the sources of per- and polyfluoroalkyl substances contamination and exposure pathways that pose the greatest risk to public health and the environment; (v) examine the benefits and burdens of various treatment and disposal options for per- and polyfluoroalkyl substances contaminated media; (vi) assess how state agencies can most effectively use their existing authority and resources to reduce or eliminate priority risks from per- and polyfluoroalkyl substances contamination; (vii) determine the inventory and use of fluorinated aqueous forming foam in firefighting and fire training activities and evaluate effective non-fluorinated alternatives; (viii) examine data regarding per- and polyfluoroalkyl substances contamination in freshwater fish and marine organisms and determine whether further examination is warranted; (ix) examine and estimate the cost to mitigate per- and polyfluoroalkyl substances contamination in known locations across the commonwealth; and (x) examine ways to limit exposure of Massachusetts residents to per- and polyfluoroalkyl substances through food packaging.

The task force shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means, the senate and house chairs of the joint committee on environment, natural resources and agriculture, the senate and house chairs of the joint committee on public health, the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on public safety and homeland security not later than December 31, 2021.

(a) For any annual or special municipal or state primary or election held on or before March 31, 2021, any person taking precautions related to COVID-19 in response to a declared state of emergency or guidance from a medical professional, local or state health official or any civil authority shall be deemed to be unable to cast their vote in person at a polling location by reason of physical disability.

(b) Notwithstanding any general or special law to the contrary, subsection (c) of section 91B of chapter 54 of the General Laws shall apply to voters who have been instructed by a medical professional or a local or state health official to self-quarantine in their home beginning after noon on the seventh day before any annual or special municipal or state primary or election held on or before March 31, 2021 and such voters may designate their home address for delivery of the ballot.

(c) Notwithstanding section 25B of said chapter 54 or any other general or special law to the contrary, any eligible voter may vote early by mail or as prescribed herein for any annual or special municipal or state primary or election held on or before March 31, 2021.

(d) Any qualified voter wanting to early vote by mail may file with their local election official an application for an early voting ballot. Any form of written communication evidencing a desire to have an early voting ballot be sent for use for voting at an election shall be given the same effect as an application made in the form prescribed by the state secretary. Local election officials shall send early voting by mail ballots to those who have applied as soon as ballots are available. No application shall be deemed to be seasonably filed unless it is received in the office of the local election official before 5 P.M. on the fourth business day before the date on which the election is held.

(e) Local election officials may substitute absentee ballots for early voting ballots for those voters requesting to vote early by mail in municipal elections. An early voting ballot or absentee ballot substituted for an early voting ballot, along with an envelope bearing an affidavit as set forth in said section 25B of said chapter 54, shall be provided to each qualified voter who participates in early voting by mail.

(f) The local election officials shall cause to be placed on the voting lists opposite the name of a qualified voter who participates in early voting the letters "EV" designating an early voter.

(g) The counting of early voting ballots shall be consistent with said section 25B of said chapter 54 and related regulations to the extent practicable. All envelopes referred to in this section shall be retained with the ballots cast at the election and shall be preserved and destroyed in the manner provided by law for the retention, preservation or destruction of official ballots.

(h)(1) A voter in receipt of an early voting ballot for any election pursuant to this section may complete and return the ballot by: (i) delivering it in person to the office of the appropriate city or town clerk; (ii) dropping it in a secured municipal drop box; or (iii) mailing it to the appropriate city or town clerk.

(2) All early voting ballots submitted by mail, delivered in person to the office of the city or town clerk or returned to a secured municipal drop box as provided by this section shall be received by the city or town clerk before the hour fixed for closing the polls on the day of the election.

(i) Notwithstanding section 24 of said chapter 54 or any other general or special law to the contrary, the select board, board of selectmen, town council or city council may, by recorded and public vote, change any polling place to be used at the election not less than 20 days prior to the date of the election if it is determined that the public convenience or public health would be better served. If the select board, board of selectmen or town council determines that the public convenience or public health would be better served, they may house all polling places in a single building within the municipality if such building is suitably equipped; provided, however, that alcoholic beverages shall not be served or consumed in that portion of a building used as a polling place, during voting hours or while ballots are being counted therein. In cities, the city council may designate polling places in non-adjacent precincts if they determine the public convenience or public health would be better served. In making a decision to change a polling place, the select board, board of selectmen, town council or city council shall evaluate and report on whether such change would have a disparate, adverse impact on access to the polls on the basis of race, national origin, disability, income or age and, not later than 3 days prior to changing a polling place, shall make publicly available on its website and at the office of the town or city clerk a report on its evaluation. When the polling places have been designated pursuant to this section, the board of registrars shall post on the municipal website and at other such places as it may determine, a description of the polling places and shall notify voters by using an electronic means, to the extent available, such as via email or reverse 911 call.

(j) Notwithstanding section 29 of chapter 53 of the General Laws, sections 11, 11B, 12 and 13 of said chapter 54 or any other general or special law to the contrary, if the city or town clerk determines in writing that there is a deficiency in the number of required election officers, then the appointing authority may appoint election officers without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54. If the position of the warden, clerk or inspector or the deputy of any such officer, if any, is vacant within the 3 weeks preceding the election, the city or town clerk may fill the vacancy by appointing a competent person willing to serve, without regard to political party membership, voter status, residence in the city or town or inclusion on a list filed by a political party committee pursuant to said sections 11B and 12 of said chapter 54.

(k) Notwithstanding sections 67 and 83 of said chapter 54 or any other general or special law to the contrary, the city or town clerk may eliminate the requirement that a voter provide their name or residence to an election officer at the ballot box and that the election officer mark the name off a voting list before the voter may deposit the ballot in the ballot box.

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Covered establishment", a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.

"Third-party delivery service company", a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for not less than 20 separately owned and operated covered establishments.

(b)(1) A third-party delivery service company shall not use a likeness, trademark or other intellectual property belonging to a covered establishment without obtaining written consent from said establishment to use the likeness, trademark or other intellectual property. Written consent under this subsection shall be reflected in a valid agreement.

(2) To enter into a valid agreement under this section, the third-party delivery service company shall be registered to do business in this state.

(3) An agreement under this section shall not require the covered establishment to indemnify the third-party delivery service company, an independent contractor acting on behalf of the third-party delivery service company, or a registered agent of the third-party delivery service company for damages or harm that may occur after a product leaves the said establishment's place of business. A provision of an agreement that is contrary to this section is void and unenforceable.

In fiscal year 2021, the Massachusetts Bay Transportation Authority shall, to the extent feasible, as part of the Forging Ahead service planning process, utilize any increase in revenue collections that results from the changes under sections 29 and 30 to prevent the elimination of transit services and closure of commuter rail stations and ensure the continued progress of capital projects of which substantial progress has been made. Not less than 90 days before any commuter rail or transit station closure, ferry closure or bus route elimination, the authority shall hold at least 1 public hearing in the community where the station or route is located. Nothing in this section shall prohibit the Massachusetts Bay Transportation Authority from making reasonable service reductions to frequency or schedules; provided, however, that no such change shall unduly harm public transit riders or the communities served by the Massachusetts Bay Transpiration Authority. If, after the effective date of this act, the authority receives additional federal funding in response to the COVID-19 emergency, the authority shall make reasonable efforts, consistent with any federal or state requirements, to prioritize the use of such funding for the restoration of any capital projects scaled back and any service eliminations or reductions that unduly impact ridership as a result of the Forging Ahead service planning process. The authority shall submit to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation a report detailing any proposed service reduction, route elimination, commuter rail station closure or capital project delay not less than 30 days before any such reduction, elimination, closure or delay is scheduled to begin.

(a) There shall be a COVID-19 Domestic Violence and Sexual Assault Survivors' Safety Trust Fund. The fund shall be administered by the department of public health, in consultation with the executive office of public safety.

(b) The fund shall consist of: (i) appropriations or monies authorized by the general court and specifically designated to be credited to the fund; and (ii) funds from public or private sources including, but not limited to, gifts, grants, donations and rebates received by the commonwealth. Monies in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.

(c) The funds shall be expended, without further appropriation, to provide grants to support domestic and sexual violence liaisons, advocacy and outreach in communities throughout the commonwealth. The grants shall be administered by the department of public health as follows:

(i) 50 per cent of the funds shall be expended to local public safety organizations who: (1) have domestic and sexual violence liaisons as employees or volunteers; or (2) partner with domestic and sexual violence liaisons. The grants shall support expanding resources and services to domestic and sexual violence survivors during the outbreak of the 2019 novel coronavirus; provided, that the grants may be used to: (1) enhance and expand services for domestic and sexual violence survivors and children witnessing or exposed to domestic or sexual violence, including safety planning, counseling and support and emergency services, including medical care, safe phones, food and transportation; (2) expand access to translator services for liaisons working with domestic and sexual violence survivors; (3) develop and expand access to virtual services, supports and programs; and (4) establish an information and outreach campaign, in multiple languages, to provide information about the availability of services and supports for domestic and sexual violence survivors.

(ii) 50 per cent of the funds shall be expended to support community-based or residential domestic and sexual violence programs and rape crisis centers to: (1) enhance and expand services for domestic and sexual violence survivors and children witnessing or exposed to domestic violence including, but not limited to, advocacy in 1 or more of the following areas: (a) medical; (b) criminal or civil legal advocacy; (c) housing; (d) culturally and linguistically specific; and (e) basic needs, including food, communication, technology and transportation; and (2) develop and expand access to virtual services, supports and programs.

(d) The department of public health, in consultation with the executive office of public safety and security, shall determine the criteria for the award of grants to local public safety organizations with domestic and sexual violence liaisons pursuant to clause (i) of subsection (c). The criteria shall include the ability to: (i) provide an enhanced response to survivors of domestic and sexual violence; (ii) connect survivors with local providers and other resources within the community; and (iii) address the needs of diverse populations, including diverse ethnic, cultural, linguistic and LGBTQ populations; provided, that grants shall be awarded to local public safety organizations in diverse geographic areas throughout the commonwealth.

(e) The department of public health shall determine the criteria for the award of the grants to community based or residential domestic violence programs and rape crisis centers pursuant to clause (ii) of subsection (c). The criteria shall include the ability to provide: (i) enhanced advocacy and outreach for survivors of domestic and sexual violence; or (ii) innovative approaches to meet the complex needs of survivors of domestic and sexual violence.

(f) Not later than July 1, 2021, the department of public health shall submit a report to the clerks of the house and senate, the house and senate committees on ways and means and the joint committee on public health. The report shall include: (i) the communities with local public safety organizations in receipt of the grant funding, including geographic location in the commonwealth; (ii) the communities with community based or residential domestic and sexual violence programs or rape crisis centers in receipt of the grant funding, including geographic location in the commonwealth; (iii) a breakdown of the amount each community received; (iv) a description of the type of expanded services, information campaign or other supports and resources offered by the local public safety organizations as a result of the grant funding; and (v) a description of the enhanced advocacy and outreach for survivors of domestic and sexual violence and other innovative approaches to meet the complex needs of survivors offered by community based or residential domestic and sexual violence programs and rape crisis centers as a result of the grant funding.

For the purposes of this section, "COVID-19 emergency" shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.

From the passage of this act until 45 days after the termination of the COVID-19 emergency, there shall be a task force on the COVID-19 eviction diversion initiative. The task force shall track the initiative's outcomes and make recommendations on how to improve its effectiveness, efficiency and reach.

The task force shall make recommendations relative to all aspects of the COVID-19 eviction diversion initiative including, but not limited to, the administration and accessibility of: (i) Mass211 Inc. services; (ii) intakes and referrals by housing consumer education centers; (iii) short-term emergency rental assistance programs including, but not limited to, the rental assistance for families in transition program and the emergency rental and mortgage assistance program; (iv) the upstream tenancy preservation program; (v) community mediation; (vi) legal representation and related services; (vii) the HomeBASE household assistance program; (viii) the strategic prevention initiative; and (ix) the eviction process in the trial court of the commonwealth. The task force may also propose new initiatives to supplement existing programs intended to prevent evictions or homelessness during the COVID-19 emergency.

The task force shall consist of the following persons or their designees: the chairs of the joint committee on housing, who shall serve as co-chairs; the secretary of housing and economic development; the chief justice of the trial court; the chief justice of the housing court department; and 8 persons appointed by the governor, 4 of whom shall represent organizations dedicated to preserving residential tenancies or housing low or moderate income households and 4 of whom shall represent landlords or real estate organizations. The task force shall consult with other individuals with relevant expertise, including academics, researchers and housing stability service providers, as needed.

The task force shall meet as frequently as the co-chairs deem necessary, but not less than once a month. Not later than January 31, 2021, and as frequently as the co-chairs deem necessary thereafter, the task force shall submit a report of its findings and recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means; provided, however, that the task force may submit interim reports and recommendations at any time.

(a) The executive office of administration and finance, in consultation with the office of the comptroller, shall develop and operate a publicly accessible and searchable website to provide reporting on expenditures made by the commonwealth from funds received through the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, Public Law 116-123, the Families First Coronavirus Response Act, Public Law 116-127, the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, Public Law 116-147 and any additional federal funds committed to the commonwealth to provide financial assistance in response to the novel coronavirus and aid in ongoing public health, community and economic recovery efforts, including, but not limited to, funds appropriated to the federal coronavirus relief trust fund under section 2JJJJJ of chapter 29 of the General Laws.

The website shall be updated weekly and shall: (i) allow users to search electronically by field in a single search: (A) aggregated data by federal program; (B) category of spending; and (C) recipient; (ii) allow users to download information yielded by a search; and (iii) where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.

(b) The website shall provide a breakdown of: (i) all federal grants and direct funds committed to the commonwealth, an independent agency, a quasi-independent agency, including, but not limited to, a regional transit authority, a county or a municipality; (ii) amounts of federal grants and direct funds committed to the commonwealth, by federal program and administering state agency; (iii) amounts of federal reimbursements for state expenditures received through enhanced federal medical assistance percentage, reimbursements provided by the federal emergency management agency due to a national emergency declaration or other federal reimbursements related to the novel coronavirus; (iv) expenditures, for each federal program, by category of spending, purpose of expenditure, date of expenditure and recipient; (v) committed expenditures not yet made for each federal program, by category of spending, purpose of planned expenditure, date of planned expenditure and recipient; (vi) current balance of funds not yet expended and balance of funds not yet committed to be expended for each federal program; (vii) planned use of available funding not yet committed for expenditure for each federal program, by category of spending and purpose of expenditure.

(c) To the maximum extent possible, the website shall be supported by federal relief funds received through sources identified in subsection (a).

(d) The secretary of administration and finance shall implement this section not later than February 1, 2021.

There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study equity and access to telecommunications services, including but not limited to broadband internet, for students and families in the commonwealth and to make recommendations to address inequity and the digital divide for students and families with limited access to telecommunications services. The commission shall consist of the secretary of education, or a designee; the commissioner of elementary and secondary education, or a designee; 2 members to be appointed by the governor who shall have experience in broadband technology; 3 members of the senate of which the senate president shall appoint 1 to serve as co-chair, 1 of whom shall be the senate chair of the joint committee on education, 1 of whom shall be the senate chair of the joint committee on telecommunications, utilities and energy and 1 of whom shall be a member of the minority party to be appointed by the senate minority leader; 3 members of the house of representatives of which the speaker of the house shall appoint 1 to serve as co-chair, 1 of whom shall be the house chair of the joint committee on education, 1 of whom shall be the house chair of the joint committee on telecommunications, utilities and energy and 1 of whom shall be a member of the minority party who shall be appointed by the house minority leader; and 1 member to be appointed by each of the following organizations: Latinos for Education, Inc., the Massachusetts Broadband Institute, the Massachusetts Technology Leadership Council, Inc., the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, the New England Cable & Telecommunications Association, Inc. and the American Federation of Teachers Massachusetts.

The commission shall research, assess and develop recommendations for improving access to broadband internet and other telecommunications services throughout the commonwealth, particularly in low-income communities, rural communities and communities of color. The commission shall: (i) evaluate current levels of access to telecommunications services of households and communities in the commonwealth, including, but not limited to, access to broadband internet and low-cost cell phone plans; (ii) identify obstacles encountered by municipalities and the commonwealth in improving telecommunications infrastructure and access; (iii) examine relevant federal, state and local laws, regulations, rules and ordinances related to telecommunications service access, including efforts and best practices of other states to improve telecommunications service access; (iv) assess the impact of a lack of access to telecommunications services on students in elementary, secondary and post-secondary schools in the commonwealth on remote, in-person and hybrid learning during the outbreak of the 2019 novel coronavirus, also referred to as COVID-19, including by collecting data from students, families and school districts to assess the extent to which the lack of access to technology and telecommunications services prevents students from completing homework and other coursework or otherwise fully participating in remote, in-person and hybrid education; (v) review federal grant and funding sources; and (vi) assess statewide needs and ways to address barriers to providing equitable opportunities for technology education, including recommendations for developing, enhancing and expanding statewide standards and programming in support of digital literacy training and education for adults and students, improvements to technology curriculum in elementary and secondary schools including the Massachusetts Digital Literacy and Computer Science Frameworks and the Massachusetts Digital Literacy Now grant program.

The commission shall submit a report with the results of its study and any recommendations, together with drafts of any legislation necessary to carry such recommendations into effect, to the house and senate clerks not later than July 31, 2021.

There shall be a special legislative Early Education and Care Economic Review commission established pursuant to section 2A of chapter 4 of the General Laws to review how childcare programming is funded in the commonwealth and to make recommendations for potential legislative changes in funding and related policies as the commission deems appropriate.

In conducting its review, the commission shall seek to determine the early educational programs and services necessary to achieve the commonwealth's goal of expanding access to high quality early education and care programming, which is necessary for supporting children, working families and the commonwealth's continued economic prosperity.

To assist the commission in carrying out its review, the secretary of housing and economic development and the commissioner of early education and care each shall provide to the commission any data and information the commission considers relevant to its charge.

The commission shall include the following members: the chairs of the joint committee on education, who shall serve as co-chairs; the chairs of the joint committee on economic development and emerging technologies, who shall serve as co-vice-chairs; the secretary of education, or a designee; the secretary of housing and economic development, or a designee; the commissioner of early education and care, or a designee; the commissioner of elementary and secondary education, or a designee; the speaker of the house of representatives, or a house member designee; the president of the senate, or a senate member designee; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; a private-pay early education and care provider who shall be appointed by the speaker of the house; a representative from a Massachusetts youth organization with a proven record of supporting early education and care licensed programming for high numbers of vulnerable children and youth, who shall be appointed by the senate president; a Massachusetts employer or business leader outside the field of early education and care who has a proven record of supporting access to high quality early education and care programs and services, who shall be appointed by the speaker of the house; a Massachusetts employer or business leader outside the field of early education and care who has a proven record of supporting access to high quality early education and care programs and services, who shall be appointed by the senate president; the executive director of the Massachusetts Association of Early Education and Care, or a designee; the executive director of the Massachusetts Association of School Superintendents, Inc., or a designee; a representative of the Massachusetts Afterschool Partnership, Inc.; the executive director of the Massachusetts Head Start Association, Inc., or a designee; the executive director of the Massachusetts Business Roundtable, or a designee; the executive director of the Black Economic Council of Massachusetts, Inc., or a designee; the director of Strategies for Children, Inc. or a designee; the president-elect of the Massachusetts Association for the Education of Young Children, Inc., or a designee; and 3 members who shall be appointed by the governor, 1 of whom shall be an early educator in a community serving high percentages of low-income children, 1 of whom shall be a representative of family child-care in the commonwealth and 1 of whom shall be an employer or business leader in the commonwealth with a proven record of supporting access to high quality early education and care programs and services.

In appointing members of the commission, consideration shall be given to race, gender, socioeconomic and geographic diversity that is reflective of the early education and care workforce and those it serves.

The commission shall review and report on: (i) funding streams supporting early education and care in the commonwealth; (ii) models for accessing childcare, including, but not limited to providing employee benefits that include childcare, and areas for replication; (iii) challenges to providing continued access to high quality early education and care due to the 2019 novel coronavirus, also known as COVID-19, and ways to support and stabilize the early education and care workforce; (iv) an assessment of supports provided to early education and care programs in the commonwealth during 2020, including those efforts to stabilize programs serving the commonwealth's most vulnerable children and families; (v) the economic impact COVID-19 has had on childcare providers and the economy, including the impact on parent-pay programs not supported through a state subsidy; (vi) policies and programs needed to create an early education and care system that provides increased opportunities for access to high quality early education and care programs, including, but not limited to, the provisions in chapter 15D of the General Laws; and (vii) any other relevant topic the chairs deem necessary.

The special commission shall hold no fewer than 5 public meetings and incorporate feedback from the early education and care sector, families, employers and other relevant stakeholders from across the commonwealth.

The special commission shall submit a report of its findings and any recommendations by filing its report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on education and the joint committee on economic development and emerging technologies, not later than March 1, 2021.

Grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2021 shall be distributed not later than January 1, 2021. Grants from the amounts collected pursuant to subsection (b) of said section 13T of said chapter 23A allocated to regional tourism councils pursuant to said clause (ii) of said subsection (d) of said section 13T of said chapter 23A for fiscal year 2020 shall be distributed not later than January 1, 2021 according to the current allocation formula.

The department of public health shall issue a report detailing the rules, regulations, guidance and best practices in place as of the effective date of this act to prevent the transmission of the 2019 novel coronavirus, also known as COVID-19, from patients being discharged from hospital facilities to nursing homes, skilled nursing facilities, rehabilitation centers and other congregate care facilities. The report shall include summaries and references to the rules, regulations, guidance and best practices on: (i) testing patients, including the frequency of testing; (ii) testing staff, including the frequency of testing; (iii) protocols related to non-COVID-19 hospitalizations, including discharge procedures; (iv) protocols related to COVID-19 hospitalizations, including discharge procedures; (v) the use of personal protective equipment for patients over 70 years of age, including for staff who directly treat said patients; and (vi) precautions for the transfer of patients from a hospital facility to a nursing home, skilled nursing facility, rehabilitation center or other congregate care facility.

No later than February 1, 2021, the department of public health shall make the report publicly available on the department's website and submit the report to the clerks of the house and senate, the joint committee on public health and the joint committee on elder affairs.

The commissioner of early education and care shall submit a report to the house and senate committees on ways and means and the chairs of the joint committee on education no later than January 15, 2021 regarding potential early education and care financing models that support program stability and sustainability for the purposes of administering the Early Education and Care Public-Private Trust Fund pursuant to section 2IIIII of chapter 29 of the General Laws, including, but not limited to, how such models may be supported by the commonwealth's COVID-19 recovery plan.

Not later than January 15, 2021, the department of children and families, in coordination with the department of elementary and secondary education, where applicable, shall report on statewide efforts taken since March 16, 2020 to monitor student attendance for children with active cases at the department of children and families, whether school participation is virtual, in-person, or a hybrid thereof, and shall report on any steps taken, or barriers to, ensuring active coordination between said agencies for the purpose of monitoring student attendance and meaningful school engagement with families who have active cases at the department of children and families.

Section 92 is hereby repealed.

Sections 8, 33 and 34 shall take effect on January 1, 2021.

Sections 9, 22, 24, 38, 39, 75, 76, 83, 84, 85, 86, 87, 91, 93 and 94 shall take effect as of July 1, 2020.

Sections 29 and 30 shall take effect on April 1, 2021.

Sections 35, 36, 58 and 111 shall take effect on July 1, 2021.

Section 69 shall take effect as of December 1, 2020.