Sections 4-197 All Outside Sections

Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 222. (a) For the purposes of this section, "state agencies" shall mean the executive and judicial branches of the government of the commonwealth, any special legislative commission created by the general court and all agencies, departments, quasi-state agencies or other entities of the commonwealth.

(b) Notwithstanding any general or special law to the contrary, a state agency required by law to file reports with the general court shall make any such report available online in searchable format and shall provide an electronic copy of the report to the clerks of the senate and house of representatives. The clerks of the senate and house of representatives shall: (i) make all such reports available online to the public in an accessible searchable format through the general court's website; and (ii) create and maintain an archive of all such reports that is available online in searchable format. The clerks of the senate and house of representatives shall develop procedures and requirements for the preparation of the reports to facilitate their collection and storage. A state agency submitting a report shall notify in writing every entity that is required by law to receive the report of the availability of the report on the general court's website and the means of accessing the report. A state agency shall provide a copy in hard copy format of any report upon request from an entity that is required by law to receive the report. Compliance with this section shall fulfill any general or special law requiring the filing of a report by a state agency with the general court.

Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:-

Section 18AA. Notwithstanding any general or special law to the contrary, the executive office of health and human services and the executive office of housing and economic development, in coordination with the division of medical assistance, the department of transitional assistance, the department of early education and care, the executive office of education and the department of housing and community development, shall develop and implement a secure common application portal for individuals to simultaneously apply for state-administered needs-based benefits and services. The common application shall allow individuals the option to apply simultaneously for MassHealth coverage, the supplemental nutrition assistance program, income supports under chapters 117A and 118, veterans' services benefits under chapter 115, childcare subsidies, housing subsidies, fuel assistance and other needs-based health care, nutrition and shelter benefits. The common application shall, with the consent of the applicant, allow the state agencies responsible for determining eligibility for the benefits requested to share relevant eligibility information and supporting documentation submitted by the applicant as needed to determine eligibility for other benefits.

Said chapter 6A of the General Laws is hereby further amended by adding the following section:-

Section 105. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Government agency", any state agency, quasi-state agency, subdivision of a state agency, or board, commission or any other entity created by the commonwealth.

"Personal identifying information", information: (i) that directly identifies an individual, including name, address, social security number or other identifying number or code; (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification which can compile an identity, such as a combination of gender, race, birth date, geographic indicator and other descriptors; or (iii) that permits the physical or online contacting of a specific individual.

(b) Every government agency that collects demographic data as to the race or ethnicity of residents of the commonwealth shall use separate collection and tabulations for the following:

(i) each major Asian group, as reported by the United States Census Bureau, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan and Thai;

(ii) each major Pacific Islander group, as reported by the United States Census Bureau, including, but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan;

(iii) each other Asian or Pacific Islander group;

(iv) each major Black or African American group, as reported by the United States Census Bureau, including, but not limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean and Somali;

(v) each major Latino group, as reported by the United States Census Bureau, including, but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and

(vi) each major white or Caucasian group, as reported by the United States Census Bureau, including, but not limited to, German, Irish, English, Italian, Polish, Portuguese and French.

(c) Each government agency shall allow individuals to choose more than 1 group, write in their own group or choose the aggregate category. No government agency shall fill out racial or ethnic information unless directed to do so by the individual.

(d) Except for personal identifying information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. This information may be maintained in either paper, electronic or other media form. To prevent identification of individuals, the information may be aggregated into data categories at a state, county, city, census tract or ZIP code level to facilitate comparisons, identify disparities and to be included in studies and reports. This subsection shall not be construed to prevent any other government agency from posting data collected on the agency's website, in a manner prescribed in this section.

(e)(1) The secretary of administration and finance shall promulgate regulations and issue guidelines on the collection of demographic data, which shall include, but not be limited to: (i) a standardized form for information collection; (ii) expanding the categories of race or ethnicity; (iii) a standard format for agencies to make data publicly available and to update said data on an annual basis; (iv) a method to ensure no personal identifying information is publicly released; (v) a standardized written disclosure to the individual filling the form out that information collection is voluntary; (vi) procedures to ensure that nonparticipation in information collection shall have no impact on an individual's eligibility for state services; and (vii) annual cost impact and review of the successfulness of collecting information.

(2) Annually, there shall be not less than 1 public hearing on the implementation of or changes in the regulations and guidelines.

(3) Annually, not later than August 1, the secretary of administration and finance shall file a report on the progress of data collection with the clerks of the house of representatives and senate and the joint committee on state administration and regulatory oversight.

(f) All data collected by government agencies shall be subject to both state and federal privacy laws, including, but not limited to, Title 13 of the United States Code and section 2 of chapter 93H.

Section 1 of chapter 6E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 63 and 64, the words "or (iii) a public or private college, university or other educational institution or hospital police department" and inserting in place thereof the following words:- (iii) a public or private college, university or other educational institution or hospital police department; or (iv) a humane society police department in section 57 of chapter 22C.

Said section 1 of said chapter 6E, as so appearing, is hereby further amended by inserting after the word "section", in line 67, the first time it appears, the following words:- "57, section".

Section 18A of chapter 15 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The board of higher education may establish, administer and operate plans in accordance with section 403(b) of the Internal Revenue Code of 1986, as amended. Such plans shall be maintained for the exclusive benefit of plan participants and their beneficiaries. Eligible employees, as determined by each plan, may include employees of the executive office of education, the department of higher education, the department of elementary and secondary education, the department of early education and care, the state universities, the state community colleges and any other department identified by the secretary of education that meets the requirements of an eligible employer under said section 403(b). The sole source of contributions to the plans shall be employees' elective contributions. Where applicable and appropriate, the commonwealth shall remit such contributions to the provider selected by the participant from those providers identified by the board of higher education as plan providers. Plan providers identified by the board of higher education may offer annuity or custodial accounts meeting the requirements of said section 403(b). Investments of plan contributions shall be directed by the participant. The board of higher education may promulgate regulations governing the administration of and participation in the plans.

Chapter 15A of the General Laws is hereby amended by striking out section 19D, as so appearing, and inserting in place thereof the following section:-

Section 19D. There shall be a scholarship program to be administered by the board, in consultation with the department of elementary and secondary education, which shall be known as the tomorrow's educators program to encourage students to teach in public schools by providing qualified students with scholarships for tuition, fees and additional costs of attendance as calculated by the student's institution of higher education, including, but not limited to, room and board, books and supplies, transportation, child care and personal expenses, for a bachelor's degree program or post-baccalaureate coursework at a public institution of higher education in the commonwealth leading to the certification required for employment at a public school. The program shall be subject to appropriation.

The board shall promulgate guidelines governing the tomorrow's educators program which shall include the following:

(1) Eligibility for the program shall be limited to high school graduates, undergraduate students and students enrolled in post-baccalaureate educator preparation programs who: (i) agree to complete a bachelor's degree or post-baccalaureate educator preparation program in a public institution of higher education in the commonwealth; (ii) successfully complete a bachelor's degree or post-baccalaureate educator preparation program at the institution of higher education and obtain the appropriate certification in accordance with section 38G of chapter 71; and (iii) commit to teaching for 4 years in a school district, as defined in section 2 of chapter 70, in the commonwealth.

(2) An outreach plan to attract individuals from underrepresented populations to the education profession through the program, which shall diversify the educator workforce consistent with chapter 132 of the acts of 2019.

(3) Procedures for repayment of the amount of scholarship benefits for persons who participate in the program but who fail to complete the 4-year teaching commitment; provided, however, that the procedures shall be designed to ensure there are no disincentives for low-income students to participate in the program and shall consider: (i) the amount of scholarship benefits the participant has received; (ii) the participant's current income if not working as a public school educator; (iii) whether the participant is currently working in another position that helps to support or educate students; and (iv) the amount of time the participant taught in a public school district in the commonwealth.

Section 26 of said chapter 15A, as so appearing, is hereby amended by adding the following sentence:- This section shall not apply to the community college segment, as defined in section 5.

Said chapter 15A is hereby further amended by inserting after section 30 the following section:-

Section 30A. (a) In order to ensure that individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities participate as non-matriculated students in undergraduate academic courses, internships, work-based trainings, extracurricular activities and all other aspects of campus life that include other students not participating under this section, such individuals shall not be required to: (i) take any standardized college entrance aptitude test; (ii) have a high school diploma or its equivalent; (iii) meet high school course requirements; (iv) meet minimum grade point average requirements; or (v) obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69; provided, however, that such individuals shall be eligible to participate in noncredit and credit-bearing courses in audit status in situations where such individuals do not meet course prerequisites and requirements.

(b) Public institutions of higher education, in consultation with the department of higher education, and consistent with the purposes of this section, shall establish guidelines to select students to participate in higher education pursuant to this section, including, but not limited to, guidelines addressing campus capacity regarding the number of students that may participate; provided further, that public institutions of higher education may establish guidelines that limit selection of students to individuals receiving support to participate pursuant to this section from the department of developmental services, the Massachusetts rehabilitation commission, other state agencies, or the individual's school district. An individual shall not be denied an opportunity to participate in higher education solely due to the individual's disability status. Public institutions of higher education, in consultation with the department of higher education and consistent with the purposes of this section, shall also establish course selection guidelines to ensure that participating individuals select courses that are appropriate to their individual strengths, needs, preferences and interests. Participating individuals shall be permitted to: (i) take a credit-bearing undergraduate academic course for credit if they have met the course prerequisites and requirements; or (ii) audit a credit-bearing undergraduate academic course, consistent with campus policies governing selection of students for audit participation, if they have not met the course prerequisites and requirements. Individuals participating in a public institution of higher education pursuant to this section shall have the opportunity to participate for the same number of semesters as the average number of semesters required of matriculating students to earn a degree at the institution; provided, however, that any public institution of higher education may allow an individual to participate for a longer duration to address the circumstances and needs of the individual. Nothing in this section shall require a public institution of higher education to provide course enrollment or audit preference for individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities relative to other individuals seeking to enroll in or audit a course. Nothing in this section shall require a public institution of higher education to include individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities in graduate programs and courses, programs and courses with selective admission or continuing education courses.

(c) In order to support inclusion of participating students in academic courses, extracurricular activities and other aspects of campus life, individual supports and services shall be provided to individuals participating in higher education pursuant to this section, subject to availability of sufficient public or private funds, including, but not limited to, the Massachusetts Inclusive Concurrent Enrollment Initiative Trust Fund established pursuant to section 2VVVVV of chapter 29; provided, however, that a public institution of higher education shall not be required to bear the costs of individual supports and services that exceed the kind of supports and services generally provided by the public institution of higher education; provided further, that public institutions of higher education may limit selection and participation to individuals receiving supports and services from the department of developmental services, the Massachusetts rehabilitation commission, other state agencies, or the individual's school district pursuant to this section. Costs associated with supporting participation in public institutions of higher education under this section shall be: (i) an approved expense as a special education service pursuant to section 5 of chapter 71B and shall be considered secondary school education; provided, however, that a student's participation in higher education is addressed in the student's Individualized Education Program under section 3 of said chapter 71B for students ages 18 to 21 years old, inclusive; provided further, that such student is considered to have a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability; provided further, that in the case of students who are age 18 or 19, participation shall be limited to students who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69; provided further, that in the case of students ages 20 or 21, participation shall be limited to students who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determinations under said section 1D of said chapter 69 or who have already been determined eligible for special education and have also been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; and provided further, that nothing in this section shall impose an additional cost on a school committee beyond the cost of what is required under said chapter 71B or 20 U.S.C. 1400 et seq.; (ii) subject to the availability of federal funding and appropriation provided under section 74 of chapter 6 for individuals who are determined eligible for vocational rehabilitation services; provided, however, that access to higher education assists in the attainment of an identified employment goal, as determined by the Massachusetts rehabilitation commission, consistent with all applicable regulations and subject to the development of an individualized plan for employment; or (iii) subject to appropriation, for individuals 22 years of age or older who are determined eligible for services under chapter 19B; provided, however, that the individual supports and services are determined to be an appropriate support, of the type, frequency and duration identified in an assessment conducted by the department of developmental services, and subject to the development of an annual individual support plan; provided further, that services and supports shall be provided in consultation with a school district, department of developmental services, Massachusetts rehabilitation commission, or other public agencies if such agencies are supporting the individual participating in the program. Costs of participation may be covered by any other public or private sources available to the student; provided, however, that selection of individuals participating in higher education pursuant to this section shall not be based solely on whether payment sources are public or private. The planning, implementation, coordination, staffing, administrative and other related costs to support participation shall be covered by the Massachusetts Inclusive Concurrent Enrollment Initiative Trust Fund established pursuant to section 2VVVVV of chapter 29 or the grant program established pursuant to section 17 of chapter 71B or other public or private funding sources.

(d) Individuals participating under this section shall be required to follow the public institution of higher education's student behavioral policies, including the student code of conduct and anti-discrimination and sexual violence policies; provided, however, that the public institution of higher education shall provide such policies in accessible formats and shall provide reasonable accommodations for participating individuals in any process instituted thereunder.

(e) Nothing in this section shall impose any liability against any school district or any public institution of higher education, including trustees, officers, administrators or employees of the school district or public institution of higher education.

(f) Nothing in this section shall create or impose a specific duty of care nor shall this section create or impose a private right of action against any school district or any public institution of higher education, including trustees, officers, administrators or employees of a school district or public institution of higher education.

(g) Annually, not later than September 1, each institution of higher education shall file a report with the department of higher education, the joint committee on higher education, the joint committee on education, the senate and house committees on ways and means and the clerks of the senate and the house of representatives regarding participation of individuals with severe intellectual disabilities, severe autism spectrum disorder, and other severe developmental disabilities pursuant to this section. The report shall include, but not be limited to: (i) data detailing the number of students participating pursuant to this section each semester, including, but not limited to gender, race and ethnicity of the students; (ii) a list of all courses taken by participating students during the academic year, indicating whether the students audited the course or participated in the course for credit; (iii) a list of extracurricular activities, internships, clubs and other activities in which such students participate during the academic year; (iv) a summary of innovative strategies and practices implemented at each institution of higher education that foster relationships with school districts, the department of developmental services, the Massachusetts rehabilitation commission and other public agencies; (v) employment data for students participating pursuant to this section obtained to the best of the ability of institutions of higher education; and (vi) any relevant information regarding successful outcomes or challenges the institution experienced in the academic year. The department shall review the reports and shall take steps necessary to ensure the institution is including individuals pursuant to this section. The reports may be used to enhance constructive conversations between the department and institutions of higher education that contribute to developing a full understanding of best practices in implementing this section. The department may also choose to refer any report to the secretary of education for further analysis in order to further improve implementation of this section.

Chapter 21B of the General Laws is hereby amended by adding the following section:-

Section 16. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Aggregate", granular materials such as gravel, sand and crushed rock that are combined for a particular purpose.

"Certified geologist", a professional geologist certified by the American Institute of Professional Geologists.

"Concrete aggregate", natural sand, natural gravel or crushed aggregate products produced from ledge rock.

"State geologist", the state geologist appointed pursuant to section 7B of chapter 21A.

(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure such as roadways and bridges shall submit to the commissioner and the state geologist an application for a license to conduct such quarry activity.

Each license application shall consist of: (i) a description of the geographic location of the quarry; (ii) a quarry operations plan including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the commissioner. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund.

(c) The geological source report required in subsection (b) shall be prepared by a certified geologist in a form and manner prescribed by the commissioner, in consultation with the state geologist and a representative nominated by the Massachusetts Concrete and Aggregate Producers Association Inc., and shall include, but not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the subject quarry; (ii) a description of the products to be produced by such quarry; (iii) a copy of the results of an inspection of face material and geologic log analysis conducted not more than 60 days from the date of the report; and (iv) petrographic analyses of grab or core samples representative of the material being mined.

(d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials international standards or alternate standards to be determined by the commissioner in consultation with the state geologist.

(e) The commissioner or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval; provided, however, that a geological source report prepared under subsection (c) shall be valid for a period of 4 years from the date of preparation; and provided further, that aggregate test results demonstrating a total sulfur content of less than 0.1 per cent by mass shall be valid for a period of 4 years from the date of testing. A license shall not be approved if the total sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater than 0.1 per cent by mass but not more than 1 per cent by mass, the license shall be denied unless the state geologist, in the state geologist's sole discretion, recommends approval to the commissioner consistent with applicable American Society of Testing and Materials international standards. The state geologist may require additional testing or information to justify an approval recommendation.

(f) A person owning or operating a quarry subject to licensure pursuant to this section shall maintain all records relevant to such licensure and quarry operation including, but not limited to, a record of the aggregate source in concrete batches, for not less than 30 years.

(g) The commissioner, in consultation with the state geologist, shall catalogue and maintain the quarry data collected under this section.

(h) Nothing in this section shall prohibit a municipality from requiring permits for quarry operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are more stringent than those set forth in this section.

(i) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b).

(j) The department, in consultation with the state geologist, shall promulgate regulations to implement this section.

Section 57 of chapter 22C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "require", in line 10, the following words:- ; provided, however, that such officers shall remain subject to the certification requirements of the Massachusetts Peace Officer Standards and Training Commission established in chapter 6E.

Section 14 of chapter 25A, as so appearing, is hereby amended by adding the following subsection:-

(e) For the purposes of this section, "energy conservation projects" shall mean projects to promote energy conservation including, but not limited to: energy conserving modification to windows and doors; caulking and weatherstripping; insulation; automatic energy control systems; hot water systems; equipment required to operate variable steam, hydraulic and ventilating systems; plant and distribution system modifications; devices for modifying fuel openings; electrical or mechanical furnace ignition systems; utility plant system conversions; replacement or modification of lighting fixtures; energy recovery systems; on-site electrical generation equipment using new renewable energy generating sources as defined in section 11F; decarbonization activities; and cogeneration systems.

Subsection (a) of section 2WWWW of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund.

Section 2YYYY of said chapter 29 is hereby amended by striking out the second paragraph, inserted by section 16 of chapter 24 of the acts of 2021, and inserting in place thereof the following paragraph:-

The secretary may expend, without further appropriation: (i) not more than $105,000,000 per fiscal year from the fund to expand and support the residential treatment system to treat individuals with a substance use disorder or co-occurring mental health and substance use disorder and to expand and increase access to the 24-hour diversionary system; (ii) not more than $135,000,000 per fiscal year from the fund to reduce stigma, expand access, support implementation and increase competencies for medications for substance use disorder; (iii) not more than $35,000,000 per fiscal year from the fund to support access to evidence-based recovery services through peer and paraprofessional services; and (iv) not more than $80,000,000 per fiscal year from the fund to ensure appropriate assessment for levels of care utilizing American Society of Addiction Medicine or other evidence-based modalities and to support integration of physical health, mental health and substance use disorder care across all provider settings. To accommodate timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further 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.

The third paragraph of said section 2YYYY of said chapter 29, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- The secretary shall report quarterly to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery on expenditures from the fund that support the components of the roadmap for behavioral health reform; provided, however, that the report shall include: (i) information on which components of the roadmap such funds are allocated to support; and (ii) provide a breakdown of the progress and status of any such components of the roadmap.

Section 2AAAAA of said chapter 29, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; and (iv) interest earned on any money in the fund. Money from the fund shall be expended for payments to providers that qualify under an approved federal waiver and in accordance with said waiver. Amounts credited to the fund shall not be subject to further appropriation. At the end of each fiscal year, the secretary of health and human services shall determine, in the secretary's sole discretion, the amount of any money in the fund that is in excess of the money needed to make payments from the fund in accordance with said waiver; provided, however, that the money needed to make such payments shall include any money needed to make any payments that are unearned as of the end of such year, but potentially earned in a subsequent year. Subject to the terms of said waiver, the secretary of health and human services shall transfer to the Health Safety Net Trust Fund established in said section 66 of said chapter 118E the state share of any such excess money, multiplied by a fraction, the numerator of which is $62,500,000 and the denominator of which is the total amount transferred to or deposited in the fund for such fund year, excluding any federal funds. 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. 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.

Said section 2AAAAA of said chapter 29 is hereby further amended by striking out the second paragraph, inserted by section 19, and inserting in place thereof the following paragraph:-

There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (iii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; and (iv) interest earned on any money in the fund. Money from the fund shall be expended for payments to providers that qualify under an approved federal waiver and in accordance with said waiver. Amounts credited to the fund shall not be subject to 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. 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.

Section 2LLLLL of said chapter 29, inserted by section 54 of chapter 8 of the acts of 2021, is hereby amended by striking out the words ", not to exceed $500,000 in a fiscal year".

Said chapter 29 is hereby further amended by inserting after section 2SSSSS the following 7 sections:-

Section 2TTTTT. (a) There shall be a Hospital Investment and Performance Trust Fund. The secretary of health and human services shall be the trustee of the fund and shall expend all money in the fund to make payments to acute hospitals or to care organizations under contract with the executive office of health and human services to provide MassHealth services pursuant to an approved state plan or federal waiver; provided, however, that such care organizations shall use all such payments to make payments to qualifying acute hospitals. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.

(b) Money in the fund shall be expended for Medicaid payments under an approved state plan or federal waiver; provided, however, that all payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all applicable federal payment limits as determined by the secretary; and (iv) subject to the terms and conditions of applicable agreements between acute hospitals or care organizations and the executive office of health and human services. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. The payments from the fund shall supplement and not supplant Medicaid payments that would be made to providers in the absence of such payments.

(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, for payments to qualifying acute hospital providers under contract with the executive office of health and human services or under subcontracts with care organizations that contract with the executive office in connection with the MassHealth program as provided further, in paragraphs (2) to (4), inclusive.

(2) The secretary shall annually expend amounts from the fund averaging, over a period of 5 years, not less than $1,210,000,000 per year; provided, however, that all such payments shall fall into 1 of the following categories: (i) health equity incentive payments; (ii) clinical quality incentive payments; (iii) rate payments for services provided to MassHealth members; or (iv) targeted payments to: (A) freestanding pediatric acute hospitals; or (B) nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school. The secretary may determine funding allocations among and within each such category within a given year; provided, however, that such allocations shall be consistent with all approved federal waivers and state plan provisions; and provided further, that the secretary shall allocate an average of not less than $560,000,000 per year, over a period of 5 years, for the rate payments described in clause (iii).

(3) Of the targeted payments described in clause (iv) of paragraph (2), the secretary shall expend annually from the fund: (i) $25,000,000 to freestanding pediatric acute hospitals, of which 90 per cent shall be paid to the freestanding pediatric hospital with the largest volume of inpatient discharges in fiscal year 2019; and (ii) $25,000,000 to nonprofit teaching acute hospitals that provide medical, surgical, emergency and obstetrical services and are affiliated with a state-owned medical school.

(4) Of the health equity incentive payments and clinical quality incentive payments described in clauses (i) and (ii) of paragraph (2), the secretary shall make interim payments to qualifying hospitals based on the secretary's estimate of each such hospital's final payment for the measurement period, with each such estimate as determined by the secretary. As soon as practicable after the close of the measurement period, the secretary shall determine the final amount of each qualifying hospital's health equity incentive payment and clinical quality incentive payment and shall reconcile each hospital's interim payment with its final payment.

(d) If any portion of the final annual amount allocated by the secretary to health equity incentive payments or clinical quality incentive payments is unearned during the relevant measurement period for such payment, as determined by the secretary, the secretary shall transfer the state's share of that unearned amount to the Health Safety Net Trust Fund established in section 66 of chapter 118E.

(e) If the amount in the fund exceeds, for a reason other than that described in subsection (d), the amount sufficient to make the payments described in subsection (c), at any point in time, as determined by the secretary, the secretary may transfer the state's share of such amount to the Health Safety Net Trust Fund established in said section 66 of said chapter 118E.

Section 2UUUUU. (a) There shall be a Population Health Investment Trust Fund. The secretary of health and human services shall be the trustee of the fund and shall expend money in the fund to make payments to providers or care organizations under contract to provide MassHealth services pursuant to an approved state plan or federal waiver. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.

(b) Money in the fund may be expended for Medicaid payments under an approved state plan or federal waiver; provided, however, that all payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all applicable federal payment limits as determined by the secretary; and (iv) subject to the terms and conditions of applicable agreements between providers or care organizations and the executive office of health and human services. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. The payments from the fund shall supplement and not supplant Medicaid payments that would be made to hospitals in the absence of such payments.

(c)(1) The secretary shall annually expend money in the fund for payments to qualifying providers or care organizations under contract with the executive office as further provided in paragraph (2).

(2) The secretary shall annually expend amounts from the fund averaging, over a period of 5 years, not less than $255,000,000 per year; provided, however, that such payments shall promote the continued implementation of certain federally-approved delivery system reform activities, including to support primary care and complex care management and to address health-related social needs.

Section 2VVVVV. (a) There shall be a Massachusetts Inclusive Concurrent Enrollment Initiative Trust Fund that shall be administered by the commissioner of higher education, in consultation with the executive office of education. The fund shall consist of: (i) amounts credited to the fund from any appropriations, grants, gifts or other money authorized by the general court or another party and specifically designated to be credited to the fund; and (ii) any income derived from the investment of amounts credited to the fund. Any unexpended balance 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.

(b) All amounts credited to the fund shall be used without further appropriation to make grants to support public institutions of higher education providing access to inclusive higher education opportunities to students with severe intellectual disabilities, severe autism spectrum disorder or other severe developmental disabilities pursuant to section 30A of chapter 15A.

(c) Annually, not later than October 1, the commissioner shall report to the clerks of the senate and house of representatives, the joint committee on higher education and the senate and house committees on ways and means on the activities of the fund.

Section 2WWWWW. There shall be a Behavioral Health Access and Crisis Intervention Trust Fund to be administered by the secretary of health and human services. The secretary may expend money from the fund, without further appropriation, to support a statewide, payor-agnostic community behavioral health crisis system including, but not limited to, all necessary costs to support: (i) a behavioral health access line to connect individuals to behavioral health services, including clinical assessment and triage; and (ii) a statewide system to deliver behavioral health crisis intervention services 24 hours per day and 7 days per week in mobile and community-based settings, available to all residents without regard to insurance.

There shall be credited to the fund all monies paid to the commonwealth under section 69A of chapter 118E and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund. In the discretion of the secretary of administration and finance, in consultation with the secretary of health and human services, revenues equal to the amount of federal financial participation received by the General Fund for expenditures for the behavioral health access line may also be credited to the fund.

The fund may incur expenses and the comptroller shall certify for payment amounts in anticipation of the most recent estimate of expected receipts, as certified by the secretary of health and human services. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. Annually, not later than August 1, the secretary shall report to the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery on the revenue and expenditure activity within the fund.

Section 2XXXXX. (a) There shall be a Communications Access Trust Fund to be administered by the secretary of administration and finance, in consultation with the secretary of public safety and security. The fund shall consist of: (i) money transferred to the fund 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) interest earned on such money. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(b) Amounts credited to the fund may be expended, without further appropriation, by the secretary of administration and finance for the purposes of making payments to the department of correction and the sheriffs for providing voice communication services, including phone calls, and other communication services free of charge to the person initiating and the person receiving the communication pursuant to section 87A of chapter 127. The secretary of administration and finance shall make said payments to the department of correction and the sheriffs services on a quarterly basis; provided, that sufficient documentation shall be received by the secretary of administration and finance consistent with subsection (c); provided, however, that no payment from the fund shall be for any financial incentive received in connection with a communication services contract, including, but not limited to a commission.

(c) The department of correction and the sheriffs shall submit quarterly to the secretary of administration and finance documentation of communication services provided free of charge in order to receive payments from the fund pursuant to subsection (b); provided, that documentation shall include, but not be limited to, the following information for each facility: (i) the number of phone calls; (ii) the length of each phone call; (iii) other communication services provided; and (iv) the length of each other communication service; and provided further, that the secretary of administration and finance may require additional documentation as deemed necessary by the secretary.

(d) Quarterly, the secretary of administration and finance, in consultation with the department of correction and the sheriffs, shall report to the house and senate committees on ways and means and the joint committee on the judiciary on payments from the fund to the department of correction and the sheriffs, including, but not limited to: (i) amounts expended for communication services by each department; (ii) a breakdown of the cost of each call by minute for each department; (iii) a breakdown of the cost of each other communication service offered by minute for each department; (iv) the number of phone calls, video communications, electronic communications and other communications services at each facility; and (v) any changes in contracts for voice communication services, including any progress in maximizing purchasing power and consolidating contracts between the sheriffs and the department of correction.

Section 2YYYYY. There shall be established and set up on the books of the commonwealth a separate fund known as the High-Quality Early Education & Care Affordability Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited to the fund shall be expended, subject to appropriation, for the implementation of initiatives to promote a high-quality early education and care system. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The fund shall not be subject to section 5C of chapter 29.

Section 2ZZZZZ. There shall be established and set up on the books of the commonwealth a separate fund known as the Commonwealth Taxpayer Relief Fund. The fund shall be credited with appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund. Amounts credited to the fund shall be expended to support the implementation of new tax relief measures taking effect in tax year 2022 and thereafter. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The fund shall not be subject to section 5C of chapter 29.

Section 2TTTTT of said chapter 29, inserted by section 22, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) [reserved].

Section 2UUUUU of said chapter 29, as so inserted, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) [reserved].

Section 2WWWWW of said chapter 29 is hereby repealed.

Sections 2XXXXX and 2ZZZZZ of said chapter 29 are hereby repealed.

Section 22C of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words "the employer contribution to the optional retirement program under section 40 of chapter 15A" and inserting in place thereof the following words:- the administrative costs of the deferred compensation plan operated by the board of higher education authorized by section 18A of chapter 15 and the employer contributions and administrative costs of the optional retirement program authorized by section 40 of chapter 15A.

Section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 201 and 202, the words "representative of a public safety union who shall be appointed by the governor" and inserting in place thereof the following words:- public safety union member who shall be appointed by the governor from a list of 3 such nominees submitted by the executive board of the Massachusetts Association of Contributory Retirement Systems, Inc.

Chapter 33 of the General Laws is hereby amended by striking out section 88, as so appearing, and inserting in place thereof the following section:-

Section 88. (a) An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease that incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and the actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried and amounts related to lost wages.

(b) If the death of a member of the Massachusetts organized militia results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's willful neglect, a single payment of $200,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid in equal shares to the children of the decedent; provided further, that if there is no surviving spouse and no children, the amount shall be paid in equal shares to the surviving parents of the decedent, and if there are no surviving parents, the amount shall be paid in equal shares to the surviving siblings.

(c) For the purposes of subsection (b), parents shall include fathers and mothers through adoption; provided, however, that preference to any claim as the decedent's parents shall be given to those who exercised a relationship on the date, or most nearly before the date, on which the decedent began their lawful duty as a member of the Massachusetts organized militia.

(d) Subsection (b) shall apply to service members whose death occurred on or after April 2, 2019 and those who have not received a final decision from the board of compensation as appointed under section 90.

(e) All claims presented under this section shall be made in the manner provided in section 90.

Section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the figure "2005" and inserting in place thereof the following figure:- 2022.

Paragraph (2) of subsection (a) of section 2 of said chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:-

(R) To the extent not otherwise excluded from gross income, in whole or in part, income attributable to the discharge of:

(i) any loan provided expressly for postsecondary education, regardless of whether provided through the educational institution or directly to the borrower; provided, however, that the loan was made, insured or guaranteed by: (A) the United States or an instrumentality or agency thereof; (B) a state, territory or possession of the United States, the District of Columbia or any political subdivision thereof; or (C) an eligible educational institution as defined in section 25A(f)(2) of the Code;

(ii) any private education loan as defined in 15 U.S.C. 1650(a)(8);

iii) any loan made by any educational organization that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on; provided, however, that the loan was made pursuant to: (A) an agreement with any entity described in clause (i) or any private education lender, as defined in said 15 U.S.C. 1650(a)(7), under which the funds from which the loan was made were provided to such educational organization; or (B) a program of the educational organization that is designed to encourage students to serve in occupations with unmet needs or in areas with unmet needs; and provided further, that the service provided by the students or former students are for, or under the direction of, a governmental unit or an organization described in section 501(c)(3) of the Code and are exempt from tax under section 501(a) of the Code; or

(iv) any loan made by an educational organization that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on or by an organization exempt from tax under section 501(a) of the Code to refinance a loan to an individual to assist the individual in attending any such educational organization; provided, however, that the refinancing loan shall be pursuant to a program of the refinancing organization that complies with the requirements of subclause (B) of clause (iii); and provided further, that this subparagraph shall not apply to the discharge of a loan made by an educational organization described in clause (iii) or made by a private education lender, as defined in 15 U.S.C. 1650(a)(7), for services performed for the educational organization or for the private education lender.

Paragraph (1) of subsection (d) of said section 2 of said chapter 62, as so appearing, is hereby amended by adding the following subparagraph:-

(Q) The deduction allowed by section 199A of the Code.

Chapter 64K of the General Laws is hereby repealed.

Subsection (ff) of section 89 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- In fiscal year 2023 and thereafter, such funding shall not be less than $1,088 per pupil.

Section 2 of chapter 71B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Students who are 18 to 21 years old, inclusive, have severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities and are receiving special education services may also have program options offered by an institution of higher education including, but not limited to, participation in credit and noncredit courses that include students who are not participating under section 30A of chapter 15A, development of independent living skills, development of skills necessary for employment and development of skills to access community services. Participation of such students in institutions of higher education under this section shall be considered an approved expense as a special education service pursuant to section 5 and shall be considered secondary school education; provided, however, that this service is addressed in the student's Individualized Education Program under section 3 of this chapter.

Said chapter 71B is hereby amended by adding the following section:-

Section 17. (a) Subject to appropriation, the department of higher education shall develop and administer a discretionary grant program, which shall include planning and implementation grants, to provide money to school committees and public institutions of higher education partnering to offer inclusive concurrent enrollment options for school aged individuals who are 18 to 21 years old, inclusive, and have severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities. The program shall be limited to individuals who: (i) are 18 or 19 years old and have: (A) a severe intellectual disability, severe autism spectrum disorder or other severe developmental disability; and (B) been unable to achieve the competency determination necessary to pass the statewide assessment test pursuant to section 1D of chapter 69 or have been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; or (ii) are 20 or 21 years old and have: (A) a severe intellectual disability, severe autism spectrum disorder or other severe developmental disability; and (B) been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under said section 1D of said chapter 69 or have been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; and (C) public institutions of higher education may also include students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities over the age of 21 who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under said section 1D of said chapter 69; provided however, for individuals over the age of 21 public institutions of higher education may limit participation to students receiving support from the department of developmental services, the Massachusetts rehabilitation commission, or other state agencies pursuant to this section.

(b) The grant program shall enable school districts to partner with public institutions of higher education to assist in meeting the transitional needs of eligible students pursuant to subsection (a), which shall include facilitating transition from school to post-school activities and competitive employment. Operation of the grant program shall be focused on improving academic and functional achievement for students in accordance with the federal Individuals with Disabilities Education Act.

(c) The grant program shall allow participation of any relevant state agency or other entity serving students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities, including, but not limited to, the department of developmental services, the Massachusetts rehabilitation commission or any other vocational rehabilitation agency or organization supporting student academic success, in partnership to support participation in student life of the college community and competitive employment.

(d) The grant program shall support partnerships that offer: (i) access to inclusive higher education opportunities pursuant to section 30A of chapter 15A; (ii) participation in credit-bearing or non-credit courses that include students without disabilities, including participation in credit-bearing courses in audit status for students who do not meet course prerequisites; (iii) participation in on-campus student life activities; (iv) preparation for competitive employment; (v) a waiver of tuition for courses by the public institution of higher education; (vi) the provision of supports and services necessary to facilitate a student's participation in higher education pursuant to said section 30A of said chapter 15A and support inclusion in academic courses, extracurricular activities, internships, work experiences and other aspects of the institution's postsecondary program; (vii) education, training and technical assistance for teachers, faculty and other personnel regarding strategy and teaching methodology to achieve successful inclusion of individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities; (viii) full inclusion of students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities with other students not participating under said section 30A of said chapter 15A in all aspects of higher education including, but not limited to, academic and social activities; and (ix) person-centered planning in the development of the course of study for each participating student. Partnerships with institutions of higher education that offer dormitory living may also include opportunities for students with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities to live in residential housing offered to other students not participating under said section 30A of said chapter 15A; provided further, that public institutions of higher education may limit participation in residential housing to individuals receiving supports and services from the department of developmental services, the Massachusetts rehabilitation commission, other state agencies, or the individual's school district pursuant to this section.

(e) The department of higher education shall establish an inclusive concurrent enrollment advisory board to advise the department on efforts to implement inclusive concurrent enrollment and to participate in educational outreach efforts related to inclusive concurrent enrollment. The advisory board shall include the following members or their designees, who shall serve without compensation: the commissioner of higher education, who shall serve as co-chair; the commissioner of developmental services, who shall serve as co-chair; the secretary of education; the inclusive concurrent enrollment coordinator; the commissioner of elementary and secondary education; the commissioner of the Massachusetts rehabilitation commission; a representative from the University of Massachusetts as appointed by the president of the university; a representative of the state universities as appointed by the Council of Presidents of the Massachusetts State University System; a representative of the community colleges as appointed by the Massachusetts Association of Community Colleges; a member appointed by the Massachusetts Administrators for Special Education; a member appointed by the Massachusetts Association of School Committees, Inc.; a member appointed by the Massachusetts Association of School Superintendents, Inc.; a member appointed by the Massachusetts Advocates for Children, Inc.; a member appointed by the Federation for Children with Special Needs, Inc.; a member appointed by the Institute for Community Inclusion; a member appointed by the Massachusetts Down Syndrome Congress, Inc.; a member appointed by the Advocates for Autism of Massachusetts; 2 representatives of school districts and public institutions of higher education that have successfully implemented inclusive concurrent enrollment initiatives, to be appointed by the co-chairs; and 2 students who are participating or have participated in an inclusive concurrent enrollment program, to be appointed by the co-chairs. The advisory board shall meet not less than quarterly. If an inclusive concurrent enrollment coordinator is not designated pursuant to subjection (f), the commissioner of higher education shall select an alternative appointee.

(f) Subject to appropriation, the commissioner of higher education shall designate an inclusive concurrent enrollment coordinator to manage grant administration and coordinate reporting.

(g) Annually, not later than December 1, the department of higher education shall file a report on the status of the inclusive concurrent enrollment grant program established pursuant to subsection (a) with the joint committee on education, the joint committee on higher education and the senate and house committees on ways and means. The report shall include, but not be limited to: (i) enrollment data detailing the number of students enrolled in the inclusive concurrent enrollment program each semester, including the count of total students served by the inclusive concurrent enrollment program at each institution of higher education; (ii) a list of all full-time and part-time employment positions supported by the grant program that are dedicated to supporting students participating in the inclusive concurrent enrollment program and the average salary for those positions including, but not limited to: (A) educational coaches; (B) educational specialists; (C) job coaches and vocational specialists; (D) program specialists; (E) program directors; (F) peer mentors, note-takers and tutors; (G) contracted employees; and (H) parent and school committee liaisons; (iii) a list of all courses taken by students participating in the inclusive concurrent enrollment program during the academic year indicating whether the student audited the course or participated in the course for credit and whether the student completed the course; (iv) a summary of innovative strategies and practices implemented at each institution of higher education that helped foster relationships with school committees; (v) employment data for students participating in the inclusive concurrent enrollment program, obtained to the best of the ability of participating school committees and institutions of higher education; and (vi) the total funding received for the program, including amounts allocated to each grantee and any executive agency or participating state board, department or institute of higher education.

Section 26 of chapter 101 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "one year" and inserting in place thereof the following words:- 5 years.

Section 5K of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 66, the words "existing and proposed".

Said section 5K of said chapter 111, as so appearing, is hereby further amended by inserting after the word "commonwealth", in line 67, the following words:- , including a nuclear power plant that is no longer operating, until the United States Nuclear Regulatory Commission has approved all areas of the site for unrestricted use, excluding the Independent Spent Fuel Storage Installation licensed by the United States Nuclear Regulatory Commission, and the unrestricted use areas meet the radiological release criteria established in regulations promulgated pursuant to section 5N. Such assessments shall be.

Subsection (E) of said section 5K of said chapter 111, as so appearing, is hereby amended by striking out the second and third sentences.

Said section 5K of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 92 and 93, the words "General Fund and credited to the department" and inserting in place thereof the following words:- Radiation Control Trust account.

Said chapter 111 is hereby further amended by inserting after section 51K the following section:-

Section 51L. (a) The department and regional EMS councils created under section 4 of chapter 111C shall annually review and update, if appropriate, their pre-hospital care protocols and point-of-entry plans to ensure stroke patients are transported to the most appropriate facility in accordance with this section.

(b) The department shall make the list of designated stroke facilities available on its website and to the medical director of each licensed EMS provider, as defined in section 1 of chapter 111C. The department shall maintain the list in the office designated within the department to oversee emergency medical services and update the list not less than annually.

(c) The department shall convene a group of experts which shall include, but not limited to, a representative from the American Stroke Association, a representative from The Massachusetts Neurologic Association, Inc., a representative from the Society of Neurointerventional Surgery, a representative from Massachusetts College of Emergency Physicians, Inc. and a representative of a regional EMS council created pursuant to section 4 of chapter 111C, with input from key stroke stakeholders and professional societies, to form a stroke advisory taskforce that shall assist with data oversight, program management and advice regarding the stroke system of care. The task force shall meet not less than biannually to review data and provide advice.

Section 117 of said chapter 111, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "providing", in line 1, and the first time it appears in line 12, the following words:- prevention of HIV or.

Said section 117 of said chapter 111, as so appearing, is hereby further amended by inserting after the word "provide", in line 7, the following words:- prevention of HIV or.

Said section 117 of said chapter 111, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

For the purposes of this section, physical examination, prevention of HIV and treatment provided by a health care provider, as defined in section 1, upon the person of a minor who voluntarily appears therefor shall not constitute an assault and battery upon said minor.

Chapter 111D of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:- Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"CLIA-waived test", a test that the federal Centers for Medicare and Medicaid Services has determined qualifies for a Certificate of Waiver under the federal Clinical Laboratory Improvement Amendments of 1988, 42 U.S.C. § 263a.

"Clinical laboratory", a facility or place, however named, the purpose of which is to make biological, serological, chemical, immuno-hematological, cytological, pathological or other examinations of materials derived from a human body.

"Commissioner", the commissioner of public health.

"Company", a corporation, partnership, limited liability company, limited liability partnership, an association, a trust or an organized group of persons, whether incorporated or not.

"Complex laboratory test", a test which requires sophisticated technique, interpretation of multiple signals or proven technical skill. Such test shall require, but not be limited to, 1 or more of the following steps: (a) highly skilled physical manipulation; (b) technique-dependent steps in the testing, sampling or reading of results; (c) user programming of the device or devices; (d) detailed calculation of the results; (e) dilution of samples with chemically reactive substances; or (f) preparation of reagents.

"Department", the department of public health in the executive office of health and human services.

"Exempt test", a test which is generally noninstrumental in nature and the results of which are determined by observation of a visual signal.

"Ownership interest", interests, including, but not limited to, any membership, proprietary interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.

"Person", corporations, societies, associations, partnerships, limited liability companies, limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or the individual's estate upon death, any other entity, including, but not limited to, medical practice, medical office, clinic, counseling center, substance use disorder treatment program or sober house or a political subdivision of the commonwealth.

"Simple laboratory test", a test which may require a series of steps, reagent additions or instrumentation and the results of which are generally determined by a visual signal, but which is not a complex laboratory test.

Said chapter 111D is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. No person shall maintain a clinical laboratory in the commonwealth apart from a hospital or clinic licensed under section 51 of chapter 111, unless the person holds, and there is in effect, a license issued under section 5; provided, however, that the licensing requirement of this section shall not apply to: (a) a clinical laboratory maintained by not more than 2 licensed physicians exclusively in connection with the diagnosis and treatment of the physician's own patients; provided, that: (i) the physician or the physician's assistant under the direct supervision of such physician performs all testing; and (ii) the clinical laboratory performs only laboratory tests which the commissioner, with the advice of the advisory committee on clinical laboratories, has determined to be exempt from licensure; (b) a clinical laboratory maintained by 3 or more licensed physicians exclusively in connection with the diagnosis and treatment of the physician's own patients; provided, that: (i) the physician or the physician's assistant under the direct supervision of such physician performs all testing; and (ii) the clinical laboratory performs only laboratory tests which the commissioner, with the advice of the advisory committee on clinical laboratories, has determined to be exempt from licensure; (c) a clinical laboratory performing only CLIA-waived tests; provided, that clinical laboratories performing non-CLIA waived tests in addition to CLIA-waived tests must obtain a clinical laboratory license; (d) a clinical laboratory maintained exclusively for research and teaching purposes and not providing reports for diagnosis and treatment of patients or for a public health purpose; (e) any laboratory with respect to tests or other procedures made by it for any person engaged in the business of insurance if made for purposes of determining whether to write an insurance contract or determining eligibility or continued eligibility thereunder, or for the examination of its employees or officers; or (f) any laboratory maintained exclusively for a health promotion screening program, as defined in regulations of the department, which does not provide reports for diagnosis or treatment of patients and which meets standards for such program established by the department. No provision of this chapter other than section 6 shall apply to any agency of the commonwealth, nor shall any provision of this chapter relative to licensing apply to any hospital or clinic licensed under section 51 of chapter 111.

Section 12F of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "physician, dentist" and inserting in place thereof the following words:- health care provider, as defined in section 1 of chapter 111.

Said section 12F of said chapter 112, as so appearing, is hereby further amended by inserting after the word "patient", in line 6, the following words:- , or for the prevention of HIV.

Said section 12F of said chapter 112, as so appearing, is hereby further amended by inserting after the word "be", in line 14, the following words:- at risk of exposure to,.

Said section 12F of said chapter 112, as so appearing, is hereby amended by inserting after the word "disease", in line 18, the following words:- , or prevention of HIV.

Said section 12F of said chapter 112, as so appearing, is hereby further amended by striking out, in line 28, the words "physician or dentist" and inserting in place thereof the following words:- health care provider, as defined in section 1 of chapter 111.

Chapter 115 of the General Laws is hereby amended by adding the following section:-

Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall consist of: 3 members appointed by the secretary of veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

(b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans' services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review.

(c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant's claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression.

(d) The department of veterans' services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the department of veterans' services website along with filing instructions.

(e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary's decision.

(g) The department, board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.

Section 3 of chapter 117A of the General Laws, as most recently amended by section 1 of chapter 71 of the acts of 2021, is hereby further amended by adding the following paragraph:-

Individuals living in a rest home licensed under chapter 111 shall not be eligible for assistance under this chapter if they have assets in excess of $2,000.

Chapter 118E of the General Laws is hereby amended by striking out section 25A, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 25A. (a) For individuals 65 years of age or older, the division shall not consider income in an amount equivalent to 90 per cent of the federal poverty level or assets in an amount equivalent to the federal resource limit for the Medicare Saving programs, each as adjusted annually, in determining eligibility for the Qualified Medicare Beneficiary, Specified Low-Income Medicare Beneficiary and Qualified Individual programs, described in 42 U.S.C. 1396a(a)(10)(E), also known as the Medicare Saving or Medicare Buy-In programs; provided, however, that until the division receives the federal approvals described in subsection (b), the division shall not consider income in the amount equal to 30 per cent of the federal poverty level. Enrollment in the Qualified Individual program shall be capped if the federal allotment for the program is exhausted.

(b) Prior to implementing subsection (a), the division shall obtain all required federal approvals, including amending its state plan and amending its 1115 waiver, as necessary, and shall promulgate regulations to implement this section.

Section 64 of said chapter 118E, as so appearing, is hereby amended by striking out the definition of "Total acute hospital assessment amount" and inserting in place thereof the following definition:-

"Total hospital assessment amount", a fixed amount equal to $880,000,000, which is the sum of $160,000,000 and the amounts transferred, pursuant to section 66, to the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29, the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29, the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29 and the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29, plus 50 per cent of the estimated cost, as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.

Said section 64 of said chapter 118E is hereby further amended by striking out the definition of "Total hospital assessment amount", inserted by section 56, and inserting in place thereof the following definition:-

"Total acute hospital assessment amount", an amount equal to $160,000,000, plus 50 per cent of the estimated cost, as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.

Section 65 of said chapter 118E, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The office shall: (i) administer the Health Safety Net Trust Fund, established in section 66, and require payments to the fund consistent with hospitals' and surcharge payors' liability to the fund, as determined under sections 67 and 68, and any further regulations promulgated by the office; (ii) set, in consultation with the office of Medicaid, reimbursement rates for payments from the fund to acute hospitals and community health centers for reimbursable health services provided to uninsured and underinsured patients and to disburse money from the fund consistent with such rates; provided, however, that the office shall implement a fee-for-service reimbursement system for acute hospitals; (iii) promulgate regulations further defining: (A) eligibility criteria for reimbursable health services; (B) the scope of health services that are eligible for reimbursement by the Health Safety Net Trust Fund; (C) standards for medical hardship; and (D) standards for reasonable efforts to collect payments for the costs of emergency care; provided, however, that the office shall verify eligibility using the eligibility system of the office of Medicaid and other appropriate sources to determine the eligibility of uninsured and underinsured patients for reimbursable health services and shall establish other procedures to ensure that payments from the fund are made for health services for which there is no other public or private third-party payer, including disallowance of payments to acute hospitals and community health centers for health services provided to individuals if reimbursement is available from other public or private sources; (iv) develop programs and guidelines to encourage maximum enrollment of uninsured individuals who receive health services reimbursed by the fund into health care plans and programs of health insurance offered by public and private sources and to promote the delivery of care in the most appropriate setting; provided, however, that the programs and guidelines shall be developed in consultation with the commonwealth health insurance connector, established pursuant to chapter 176Q; and provided further, that these programs shall not deny payments from the fund because services should have been provided in a more appropriate setting if the hospital was required to provide the services under 42 U.S.C. 1395dd; (v) conduct a utilization review program designed to monitor the appropriateness of services for which payments were made by the fund and promote the delivery of care in the most appropriate setting; (vi) administer demonstration programs that reduce Health Safety Net Trust Fund liability to acute hospitals, including a demonstration program to enable disease management for patients with chronic diseases, substance use disorders and psychiatric disorders through enrollment of patients in community health centers and community mental health centers and through coordination between these centers and acute hospitals; provided, however, that the office shall report the results of these reviews annually to the joint committee on health care financing and the senate and house committees on ways and means; (vii) enter into agreements or transactions with any federal, state or municipal agency or other public institution or with a private individual, partnership, firm, corporation, association or other entity and to make contracts and execute all instruments necessary or convenient for the carrying on of its business; (viii) secure payment, without imposing undue hardship upon any individual, for unpaid bills owed to acute hospitals by individuals for health services that are ineligible for reimbursement from the Health Safety Net Trust Fund that have been accounted for as bad debt by the hospital and that are voluntarily referred by a hospital to the department for collection; provided, however, that such unpaid charges shall be considered debts owed to the commonwealth and all payments received shall be credited to the fund; and provided further, that all actions to secure such payments shall be conducted in compliance with a protocol previously submitted by the office to the joint committee on health care financing; (ix) require hospitals and community health centers to submit data that it reasonably considers necessary to the office; (x) make, amend and repeal rules and regulations to effectuate the efficient use of money from the Health Safety Net Trust Fund; provided, however, that the regulations shall be promulgated only after notice and hearing and only upon consultation with the board of the commonwealth health insurance connector, representatives of the Massachusetts Health and Hospital Association, Inc., the Massachusetts Council of Community Hospitals, Inc., the Alliance of Massachusetts Safety Net Hospitals, the Conference of Boston Teaching Hospitals, Inc. and the Massachusetts League of Community Health Centers, Inc.; and (xi) provide an annual report at the close of each fund fiscal year to the joint committee on health care financing and the senate and house committees on ways and means evaluating the processes used to determine eligibility for reimbursable health services, including the Virtual Gateway. The report shall include, but not be limited to: (A) an analysis of the effectiveness of these processes in enforcing eligibility requirements for publicly-funded health programs and in enrolling uninsured residents into programs of health insurance offered by public and private sources; (B) an assessment of the impact of these processes on the level of reimbursable health services by providers; and (C) recommendations for ongoing improvements to enhance the performance of eligibility determination systems and reduce hospital administrative costs.

Section 66 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "and the commonwealth care health insurance program under chapter 118H".

Said section 66 of said chapter 118E, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The fund shall consist of: (i) all amounts paid by hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of said chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29; and (vi) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29 or from the Safety Net Provider Trust Fund established in said section 2AAAAA of said chapter 29. To accommodate timing discrepancies between the receipt of such 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 subsection. Annually, the office shall transfer from the non-federal money in the fund: (A) $62,500,000 to the Safety Net Provider Trust Fund established in said section 2AAAAA of said chapter 29; (B) $532,000,000 to the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29; (C) $115,500,000 to the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29; and (D) $10,000,000 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Safety Net Provider Trust Fund, the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund and the Non-Acute Care Hospital Reimbursement Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of the total surcharge amount, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid program. Any annual balance remaining in the fund after these payments have been made shall be retained in the fund and shall not revert to the General Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.

Said section 66 of said chapter 118E is hereby further amended by striking out subsection (b), inserted by section 60, and inserting in place thereof the following subsection:-

(b) The fund shall consist of: (i) all amounts paid by hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) any transfers from the Safety Net Provider Trust Fund established in section 2AAAAA of said chapter 29; (v) any transfers from the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29; and (vi) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. There shall also be credited to the fund an amount equal to any federal financial participation claimed and received by the commonwealth for eligible expenditures made from the fund and financed by money transferred from the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29 or from the Safety Net Provider Trust Fund established in said section 2AAAAA of said chapter 29. To accommodate timing discrepancies between the receipt of such 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 subsection. Annually, the office shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Non-Acute Care Hospital Reimbursement Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The office shall also annually expend money from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of the total surcharge amount, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid program. Any annual balance remaining in the fund after these payments have been made shall be retained in the fund and shall not revert to the General Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time-to-time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.

Said chapter 118E is hereby further amended by striking out section 67, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 67. (a) Subject to all required federal approvals, including any required waivers under 42 CFR 433.68, a hospital's annual liability to the fund shall be calculated in accordance with this section. The annual aggregate liability of all hospitals to the fund shall equal the total hospital assessment amount.

(b) [reserved].

(c) The office shall promulgate regulations to establish an appropriate mechanism for enforcing each hospital's liability to the fund if a hospital does not make a scheduled payment to the fund.

(d) For the purposes of the assessment described in this section, all hospitals in the commonwealth shall be divided into the following 5 groups:

(i) safety net hospitals, defined for the purposes of this section as any hospital identified in the MassHealth demonstration waiver approved under subsection (a) of section 1115 of Title XI of the federal Social Security Act;

(ii) academic, teaching and specialty hospitals, defined for the purposes of this section as any academic medical center, teaching hospital or specialty hospital, as determined by the center for health information and analysis as of September 30, 2019, but excluding any safety net hospital;

(iii) private acute hospitals, defined for the purposes of this section as any private hospital licensed under section 51 of chapter 111 and that contains a majority of medical-surgical, pediatric, obstetric and maternity beds, as defined by the department of public health, and operating as of September 30, 2019, but excluding any safety net hospital or academic, teaching and specialty hospital;

(iv) non-state public hospitals, defined for the purposes of this section as any non-state-owned public hospital in the commonwealth, as determined by the secretary; and

(v) non-acute hospitals, defined for the purposes of this section as any nonpublic hospital licensed by the department of public health under said section 51 of said chapter 111 but not defined as an acute care hospital under section 25B of said chapter 111 or any nonpublic hospital licensed as an inpatient facility by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as a class VII licensee under the regulations.

(e) Each of the 5 groups described in subsection (d) shall be subject to the following assessment rates: (i) safety net hospitals shall be subject to a rate of 16.05430 per cent for inpatient services and 1.19950 per cent for outpatient services; (ii) academic, teaching and specialty hospitals shall be subject to a rate of 4.66730 per cent for inpatient services and 0.74400 per cent for outpatient services; (iii) private acute hospitals shall be subject to a rate of 8.58690 per cent for inpatient services and 0.89340 per cent for outpatient services; (iv) non-state public hospitals shall be subject to a rate of 1.61490 per cent for inpatient services and 0.55320 per cent for outpatient services; and (v) non-acute hospitals shall be subject to a rate of 1.35000 per cent for inpatient services and 1.35000 per cent for outpatient services; provided, however, that the office shall increase each such rate by the amount necessary to generate 50 per cent of the estimated cost, as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.

(f) The assessment rates described in subsection (e) shall be applied to each hospital's fiscal year 2019 assessed charges for inpatient and outpatient services, as determined by the secretary of health and human services; provided, however, that the term "assessed charges" shall have the meaning ascribed to it in section 64. The total of the resulting products shall equal a hospital's annual assessment liability.

(g) Subject to receipt of all required federal approvals, the executive office shall implement the assessment structure described in this section and shall promulgate regulations, in consultation with the Massachusetts Health and Hospital Association, Inc., necessary to support implementation of said assessment structure. In promulgating such regulations, and in consultation with the Massachusetts Health and Hospital Association, Inc., the executive office shall, at a minimum: (i) specify an appropriate mechanism for determination and payment of an acute hospital's liability to the fund; (ii) identify the hospitals that belong to each group identified in subsection (d); (iii) specify an appropriate mechanism for the determination of a hospital's liability in cases of merger or transfer of ownership; and (iv) specify an appropriate mechanism by which any amounts paid by a hospital in excess of a hospital's total annual assessment liability may be refunded or otherwise credited to the hospital.

Said chapter 118E is hereby further amended by striking out section 67, as appearing in section 62, and inserting in place thereof the following section:-

Section 67. (a) An acute hospital's liability to the fund shall equal the product of: (i) the ratio of its assessed charges to all acute hospitals' assessed charges; and (ii) the total acute hospital assessment amount. Annually, not later than October 1, the executive office shall establish each acute hospital's liability to the fund using the best data available as determined by the health safety net office and shall update each acute hospital's liability to the fund as updated information becomes available. The executive office shall specify by regulation an appropriate mechanism for interim determination and payment of an acute hospital's liability to the fund. An acute hospital's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the acute hospital.

(b) There shall be imposed in each fiscal year a uniform assessment upon the assessed charges of all: (i) nonpublic hospitals licensed by the department of public health under section 51 of chapter 111 but not defined as acute care hospitals under section 25B of said chapter 111; and (ii) nonpublic hospitals licensed as inpatient facilities by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as class VII licensees under the regulations; provided, however, that such uniform assessment shall be set as a percentage of the assessed charges of each such hospital and, for each fiscal year, the percentage shall be equal to the ratio of: (A) the total acute hospital assessment amount as defined in section 64 for the same fiscal year; to (B) the total assessed charges as defined in said section 64 of acute care hospitals in the same fiscal year and as the amount of those charges is determined by the health safety net office under this section. A non-acute hospital's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the non-acute hospital.

(c) The executive office shall establish by regulation an appropriate mechanism for enforcing each hospital's liability to the fund in the event that a hospital does not make a scheduled payment to the fund.

Subsection (b) of section 69 of said chapter 118E, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- All reimbursements from the fund financed by any money transferred from the Safety Net Provider Trust Fund established in section 2AAAAA of chapter 29 or the Hospital Investment and Performance Trust Fund established in section 2TTTTT of said chapter 29, in any fund fiscal year, shall be applied to reduce such shortfall unless no shortfall exists in that fund fiscal year.

Said chapter 118E is hereby further amended by inserting after section 69 the following section:-

Section 69A. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:

"Fund", the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29.

"Surcharge payors", entities that: (i) are defined as surcharge payors pursuant to section 64; and (ii) made payments subject to surcharge in the amount of $1,000,000 or more during the most recent fiscal year for which data is available.

"Total behavioral health surcharge amount", an amount equal to $33,700,000.

(b) Each surcharge payor shall pay a behavioral health payor surcharge to the secretary of health and human services for deposit in the fund. The secretary shall promulgate regulations for implementation of the surcharge and such regulations shall: (i) include a schedule for surcharge payments; and (ii) require each surcharge payor to pay a portion of the total behavioral health surcharge amount proportional to their payments subject to surcharge during the most recent period for which data is available.

(c) In the case of a transfer of ownership, a surcharge payor's liability to the fund shall be assumed by the successor in interest to the surcharge payor.

(d) The secretary shall establish by regulation an appropriate mechanism for enforcing a surcharge payor's liability to the fund if a surcharge payor does not make a scheduled payment to the fund; provided, however, that the secretary may establish threshold liability amounts below which enforcement may be modified or waived. Such enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. Such enforcement mechanism may also include notification to the office of Medicaid requiring an offset of payments on the claims of the surcharge payor, any entity under common ownership or any successor in interest to the surcharge payor from the office of Medicaid in the amount of payment owed to the fund, including any interest and penalties, and transfer of the withheld amounts into the fund. If the office of Medicaid offsets claims payments as ordered by the secretary, the office of Medicaid shall be considered not to be in breach of contract or any other obligation for payment of non-contracted services and a surcharge payor whose payment is offset under an order of the secretary shall serve all recipients of assistance under Title XIX of the federal Social Security Act under the contract then in effect with the executive office. The secretary shall not direct the office of Medicaid to offset claims unless the surcharge payor has maintained an outstanding liability to the fund for a period longer than 45 days and has received proper notice that the secretary intends to initiate enforcement actions under regulations promulgated by the secretary.

Section 69A of said chapter 118E is hereby repealed.

Said chapter 118E is hereby further amended by adding the following section:-

Section 80. (a) Every 2 years, not later than November 15, the executive office shall review data and report on findings from the review based on data collected for the prior 2 years. The review shall consist of: (i) the available covered medications; (ii) treatments; and (iii) whether health care services were adequate to meet the needs of enrollees, including, but not limited to, input received pursuant to subsection (c). Each report shall include, but not be limited to: (A) detailed results of the review; (B) recommendations, if any, for improvements in the delivery of health care services to enrollees with a diagnosis of sickle cell disease; and (C) recommendations, if any, on whether the division shall seek to add or facilitate access to additional medications, treatments or services.

(b) Each review pursuant to subsection (a) shall include, but not be limited to:

(i) the extent to which healthcare transitional programs or services for enrollees that are covered by the division prepare, transfer and integrate emerging adults with sickle cell disease into the adult care setting;

(ii) the extent to which providers of emergency medical services to enrollees are adequately trained and otherwise prepared to treat and manage sickle cell patients presenting with vaso-occlusive crises, including, but not limited to, the extent to which such providers follow clinically-validated algorithms and protocols regarding such treatment and management; and

(iii) the number of people with sickle cell disease who had 2 or more hospitalizations or emergency department visits with a vaso-occlusive episode or pain crisis, including the average length of stay for such visits.

(c) When conducting a review pursuant to subsection (a), the executive office shall solicit and consider input from the public, with specific emphasis on receiving input from patients with a sickle cell disease diagnosis as well as persons or groups with knowledge, experience or specialized expertise in the area of sickle cell disease treatment. Not later than April 30 of each year that the review is conducted, the executive office shall hold not less than 1 public hearing to solicit input.

(d) Each report required under this section shall be filed with the clerks of the house of representatives and the senate, the joint committee on health care financing and the house and senate committees on ways and means. The division shall post the report on the division's website in a manner accessible by the public.

Section 2 of chapter 121D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "thereof", in line 31, the following words:- and provided further, that such projects may include manufactured housing communities.

Chapter 124 of the General Laws is hereby amended by inserting after section 6 the following section:-

Section 6A. (a) The department of correction, in collaboration with the Massachusetts Sheriffs Association, Inc., shall report on the use of all facilities of the department and of each sheriff's office during the periods of January 1 to June 30, inclusive, and July 1 to December 31, inclusive, of each year. The reports shall be due not later than 30 days after the close of each period. Each report shall include, but not be limited to: (i) an inventory of all buildings that are used or have been used to house inmates since January 1, 2018; (ii) a catalog of changes in use or purpose for all housing units and buildings during the preceding period; (iii) all housing units in each building and the original design capacity of each; (iv) all cells or rooms in each housing unit and the number of beds in each cell or room; (v) a brief description of the housing unit including, but not limited to, the custody level and function of the unit; (vi) the average daily amount of time offered out of cell for recreation, programs, education or employment to inmates in each housing unit during the preceding period; (vii) the average inmate count in each housing unit for the preceding period; (viii) an inventory of all buildings in all correctional facilities, regardless of whether the building has ever been occupied by inmates, with a brief description of each building and a statement as to whether the building is used for housing; provided, however, that if the building is used for housing, the report shall include whether it is occupied, unoccupied but available for future habitation or no longer considered habitable; and (ix) the last date on which an inmate was housed in a housing unit or building that does not currently house inmates; provided, however, that if multiple housing units in the same facility are categorized in the same way as to the features outlined in clauses (v) and (vi), the housing units may be aggregated for the purpose of inmate count reporting under clause (vii) and the number of housing units aggregated shall be reported; and provided further, that for reporting under other clauses above in which buildings or housing units are referred to individually, their official names need not be used.

(b) The report shall be submitted to the executive office for administration and finance, the senate and house committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. The report shall be published in document form and downloadable spreadsheet form on the website of the department of correction. The Massachusetts Sheriffs Association, Inc. shall furnish all data necessary for this report to the department of correction.

Section 17D of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "Annually, not later than February 1, the commissioner shall report" and inserting in place thereof the following words:- The commissioner shall report quarterly.

Said chapter 127 is hereby further amended by inserting after section 87 the following section:-

Section 87A. (a) For the purposes of this section, the terms "state correctional facilities", "state prison" and "county correctional facility" shall have the same meanings as in section 1 of chapter 125.

(b) The department of correction and sheriffs shall provide persons committed to state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction, with voice communication services, including phone calls, free of charge to the person initiating and the person receiving the communication; provided, however, that voice communication services shall be maximized to the extent possible and nothing in this section shall further limit or restrict access to voice communication services as the services were offered and available at such facilities on July 1, 2022; and provided further, that nothing in this section shall prohibit in-person contact visits.

(c) The department of correction and sheriffs may supplement voice communication services with other communication services, including, but not limited to, video and electronic communication services; provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the person initiating and the person receiving the communication.

Said chapter 127 is hereby further amended by adding the following section:-

Section 170. (a) For the purposes of this section, the terms "county correctional facility", "state correctional facility" and "state prison" shall have the same meanings as in section 1 of chapter 125.

(b) State correctional facilities, state prisons, county correctional facilities and entities contracting with such facilities shall not charge more than 3 per cent over the purchase cost for commissary items. The department of correction and county sheriffs shall maximize discounts procured from bulk purchasing of commissary items or other contracting opportunities that reduce the cost of such items and shall not receive commissions, revenue or other financial incentives in any contract with a seller, supplier or vendor of commissary items. Commissary items offered shall include gender affirming items, consistent with section 32A, and culturally appropriate items for all communities in custody

Section 7 of chapter 161A of the General Laws, inserted by section 19 of chapter 29 of the acts of 2021, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The authority shall be governed and its corporate powers exercised by a board of directors. The board shall consist of: the secretary, who shall serve ex officio; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the advisory board, who shall have municipal government experience in the service area constituting the authority and experience in transportation operations, transportation planning, housing policy, urban planning or public or private finance; provided, however, that said person shall not represent the city of Boston; and 6 persons to be appointed by the governor, 1 of whom shall have experience in safety, 1 of whom shall have experience in transportation operations, 1 of whom shall have experience in public or private finance, 1 of whom shall be a rider, as defined in section 1, and a resident of an environmental justice population, as defined in section 62 of chapter 30, 1 of whom shall be a municipal official representing a city or town located in the area constituting the authority representing the service area of the 51 cities and towns or the other served communities and 1 of whom shall be selected from a list of 3 persons recommended by the president of the Massachusetts State Labor Council, AFL-CIO.

Not less than 2 of the appointed members shall also be members of the board of directors of the Massachusetts Department of Transportation established under section 2 of chapter 6C.

In making selections to the board of directors, the appointing authority shall strive to ensure a board whose diversity and inclusion are reflective of the population served by the authority.

Section 134 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "services", in line 11, the following words:- including renewable energy credits, which may be considered contracts for energy or energy-related services under clause (33) of subsection (b) of section 1 of chapter 30B.

The fourth paragraph of subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by striking out the last sentence.

Said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby further amended by inserting after the fourth paragraph the following 4 paragraphs:-

The department shall approve any plan submitted that complies with and is consistent with this subsection. Prior to the department's decision, the department shall conduct a public hearing. Failure to make a decision on a plan submitted under this section within 180 days of its submission date shall constitute approval of the plan. Such constructive approval shall not exempt the municipality or group of municipalities from complying with all laws and rules governing municipal aggregations and the provision of competitive energy supply services regardless of the language contained in the plan.

If after review, the department chooses to reject a plan, the department shall send to the municipality or group of municipalities a denial order containing the reason for the rejection. The municipality or group of municipalities may revise the plan to address such reasons and, if such revised plan is submitted not more than 30 days after the department's denial order is issued, the department shall waive the requirement that the municipality or group of municipalities consult with the department of energy resources regarding the revised plan and shall submit the revised plan for public review. The department shall review and approve, subject to modification, or reject any such revised plan not more than 30 days after receipt of the revised plan.

The department shall not direct or otherwise require revisions to an approved plan without first providing the municipality or group of municipalities with notice and opportunity for a full and fair hearing. The municipality or group of municipalities shall submit to the department for approval any revision to an approved plan; provided, however, that the department shall review and approve any such revisions to the approved plan not more than 30 days after the receipt of the proposed revision. The competitive supplier providing generation service to retail customers of an aggregation may request an exemption from the quarterly information disclosure requirements set forth in 220 CMR 11.06(4)(c) or any successor regulation. The department may grant such exemption if the competitive supplier demonstrates that it will, through sufficient alternative means, provide retail customers participating in the aggregation with the same information regarding the fuel mix, emissions and labor characteristics of the competitive supplier's energy supply.

After obtaining approval of its plan, the aggregated entity shall mail information and educational materials regarding its plan to each ratepayer within the municipality; provided, however, that the department may revoke the aggregated entity's plan if the marketing materials are inconsistent with any law or regulation governing the marketing of energy supply. To enable such mailing, the electric distribution company shall provide to such municipality a current list of the names, mailing addresses and service addresses of all electric customers taking distribution service within the municipality; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.

The fifth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- After the initial automatic enrollment of customers upon the establishment of a load aggregation program in accordance with this subsection, the subsequent enrollment of new customers or accounts in the service territory of the aggregator shall be governed by the terms for enrollment set forth in the aggregator's plan; provided, however, that the terms are consistent with the requirements established by the department.

The sixth paragraph of said subsection (a) of said section 134 of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- To facilitate the automatic enrollment and ratepayer notification, the electric distribution company shall provide to each municipality the name and mailing addresses of all electric accounts within the municipality that are not otherwise receiving generation service from a competitive supplier; provided, however, that any customer may request that their name, mailing address and account number not be shared with the municipality.

Section 113H of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in lines 98 to 102, inclusive, the words:- ", 2 of whom shall be producers who are assigned risk producers who write private passenger automobile insurance exclusively through the Massachusetts automobile assigned risk plan pursuant to the provisions of the plan approved under this section".

Section 3 of chapter 175M of the General Laws, as so appearing, is hereby amended by striking out, in lines 43 and 44, the words "or (ii) a paid family, or medical leave policy of an employer" and inserting in place thereof the following words:- (ii) a paid family or medical leave policy of an employer; or (iii) any accrued sick or vacation pay or other paid leave provided under an employer policy.

Chapter 207 of the General Laws is hereby amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. A magistrate or minister shall not solemnize a marriage if a party to the intended marriage is under the age of 18.

Said chapter 207 is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-

Section 24. The clerk or registrar shall not receive a notice of the intention of marriage of a person under the age of 18.

Said chapter 207 is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-

Section 25. Notwithstanding sections 7, 24 and 33A or any other general or special law to the contrary, any minor who is married may avail themself of all legal remedies and relief that would otherwise be available if they were not a minor, in order to initiate proceedings for divorce under chapter 208, annulment under chapter 207 and protective orders under chapters 209A and 258E.

Section 27 of said chapter 207, as so appearing, is hereby amended by striking out the second and third sentences.

Said chapter 207 is hereby further amended by striking out section 33A, as so appearing, and inserting in place thereof the following section:-

Section 33A. The clerk or registrar shall not issue a certificate under section 28 before receiving proof of age of the parties and verifying that both parties are not less than 18 years of age. Such proof shall be contained in any of the following documents, graded and taking precedence in the following order: (i) an original or certified copy of a record of birth; (ii) an original or certified copy of a baptismal record; (iii) a passport; (iv) a life insurance policy; (v) an employment certificate; (vi) a school record; (vii) an immigration record; (viii) a naturalization record; or (ix) a court record. The clerk or registrar shall not accept documentary evidence of a lower grade unless the clerk or registrar is satisfied that evidence of a higher grade is not readily procurable.

Section 34 of said chapter 207 is hereby repealed.

Section 51 of said chapter 207, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "section seven, twenty-six or thirty-four" and inserting in place thereof the following words:- section 7 or 26.

Section 53 of said chapter 207, as so appearing, is hereby amended by striking out, in line 2, the words "section thirty-three" and inserting in place thereof the following words:- sections 24 and 33A.

Section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure "$206,239" and inserting in place thereof the following figure:- $232,101.

Said section 22 of said chapter 211, as so appearing, is hereby further amended by striking out, in line 2, the figure "$200,984" and inserting in place thereof the following figure:- $226,187.

Section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure "$195,358" and inserting in place thereof the following figure:- $219,856.

Said section 2 of said chapter 211A, as so appearing, is hereby further amended by striking out, in line 2, the figure "$190,087" and inserting in place thereof the following figure:- $213,924.

Section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure "$184,694" and inserting in place thereof the following figure:- $207,855.

Said section 4 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 5, the figure "$190,124" and inserting in place thereof the following figure:- $213,966.

Said section 4 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 7, the figure "$195,628" and inserting in place thereof the following figure:- $220,160.

Subsection (a) of section 11 of chapter 211D of the General Laws is hereby amended by striking out the figure "$110", inserted by section 59 of chapter 24 of the acts of 2021, and inserting in place thereof the following figure:- $120.

Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure "$75", inserted by section 60 of said chapter 24, and inserting in place thereof the following figure:- $85.

Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure "$60", inserted by section 61 of said chapter 24, and inserting in place thereof the following figure:- $65.

Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure "$75", inserted by section 62 of said chapter 24, and inserting in place thereof the following figure:- $85.

Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure "$60", inserted by section 63 of said chapter 24, and inserting in place thereof the following figure:- $65.

Said chapter 211D is hereby further amended by adding the following section:-

Section 17. (a) There shall be a Children and Family Legal Representation Trust Fund to be administered by the chief counsel of the committee for public counsel services. 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) reimbursement funds from federal sources for the legal representations of children and families by the committee for public counsel services including, but not limited to, reimbursements under Title IV-E of the federal Social Security Act; and (iii) interest earned on such revenues and reimbursements in the fund. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(b) Money in the fund may be expended by the chief counsel, without further appropriation, for the purposes of: (i) providing pre-petition representation and diversion advocacy; (ii) increasing the availability and quality of representation statewide, especially in underrepresented communities; (iii) ensuring availability of education advocacy throughout the commonwealth; (iv) improving the quality of advocacy through increased training capacity and performance evaluations; (v) increasing multidisciplinary representation and the use of experts, parent partner programs and specialized advocacy and support units; and (vi) improving and modernizing agency data collection, data reporting and billing systems. The chief counsel may designate an administrator of the fund to implement approved activities consistent with this section.

(c) Annually, not later than November 1, the chief counsel shall file a report on the fund's activities with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary. The report shall include, but 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 any grants provided to early education and care programs, philanthropic organizations or other stakeholder organizations; and (iii) anticipated revenue and expenditure projections for the next calendar year.

Section 4 of chapter 258B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a victim and witness assistance board consisting of 7 members who shall serve without compensation. Notwithstanding any provision of section 6 of chapter 268A to the contrary, the board shall consist of the attorney general or a designee, who shall serve as chair, and 6 persons to be appointed by the governor, 2 of whom shall be district attorneys and 4 of whom shall be members of the public of whom 3 shall be victims of a crime and 1 shall represent a community disproportionately impacted by high rates of violence and crime or a population underserved due to racial or ethnic identity; provided, however, that the 3 members who are victims of a crime shall be selected from a list of not less than 5 nominations provided by the executive director of the Massachusetts office of victim assistance. For the purposes of this paragraph, "members of the public" shall not include any current local, state or federal elected officials. Members of the board shall be selected from diverse ethnicities, races, religions, ages, sexual orientations, gender identities, socio-economic status and geographical backgrounds from throughout the commonwealth. All members shall serve for terms of 3 years and until their successor is duly appointed and qualified; provided, however, that any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term. Members of the board shall be eligible for reappointment.

Said section 4 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 21, the word "four" and inserting in place thereof the following figure:- 6.

Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out the second to eleventh paragraphs, inclusive.

Chapter 145 of the resolves of 1957, as amended by chapter 122 of the acts of 2001, is hereby further amended by inserting after the word "Scott", each time it appears, the following words:- , Elizabeth Johnson, Jr.

Section 21 of chapter 799 of the acts of 1985 is hereby repealed.

Section 5 of chapter 349 of the acts of 1986, as amended by section 132 of chapter 33 of the acts of 1991, is hereby further amended by adding the following subsection:-

(c) Notwithstanding this act or any other general or special law to the contrary, any portion of the park to be constructed pursuant to this act that is leased by the authority for a period of not less than 99 years to an entity wholly owned by a nonprofit corporation organized for conservation purposes or for the preservation of open space, the construction of such park and the improvements to be located thereon by such nonprofit corporation pursuant to such lease shall not constitute a public work pursuant to section 39M of chapter 30 of the General Laws or a building project or construction of a building by a public agency for purposes of sections 44A through 44H, inclusive, of chapter 149 of the General Laws; provided, however, that the prevailing wage laws pursuant to sections 26 to 27H, inclusive, of chapter 149 of the General Laws shall apply.

Chapter 75 of the acts of 1994 is hereby repealed.

Paragraph (g) of section 4 of chapter 152 of the acts of 1997, as amended by chapter 256 of the acts of 2006, is hereby further amended in subparagraph (i) by striking out the words "The South Boston Community Development Foundation or foundation shall consist of a committee of nine members: three members appointed by the governor who shall be business owners from the locally impacted neighborhood; three members appointed by the mayor who shall be representatives of local social service agencies; the senator from the first Suffolk district or his designee, who shall be a non-voting member; the representative from the fourth Suffolk district or his designee, who shall be a non-voting member; and the Boston city councilor from District two or his designee; all of whom, with the exception of the elected officials, shall be residents of South Boston and shall serve a two year term which may be extended by reappointment" and inserting in place thereof the following words:-

The South Boston Community Development Foundation, or foundation, shall consist of a committee of 11 members: 3 members appointed by the governor who shall be business owners from the locally-impacted neighborhood; 3 members appointed by the mayor who shall be representatives of local social service agencies; the senator from the first Suffolk district, or a designee; 1 member appointed by the senator from the first Suffolk district who shall be a veteran or active duty service member; the representative from the fourth Suffolk district, or a designee; a member of from the local hospitality workforce appointed by the representative of the fourth Suffolk district; and the Boston city councilor from district 2, or a designee; all of whom, with the exception of the elected officials, shall be residents of the South Boston section of the city of Boston, and shall serve a 2-year term which may be extended by reappointment.

Section 368 of chapter 26 of the acts of 2003 is hereby repealed.

Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2023", inserted by section 59 of chapter 227 of the acts of 2020, and inserting in place thereof the following figure:- 2026.

Sections 7, 8A and 14 of chapter 115 of the acts of 2016 are hereby repealed.

Section 13 of said chapter 115 is hereby amended by striking out the words "Sections 5 and 7" and inserting in place thereof the following words:- Section 5.

Sections 54 and 150 of chapter 47 of the acts of 2017 are hereby repealed.

Section 58 of chapter 110 of the acts of 2017 is hereby amended by striking out the figure "2023" and inserting in place thereof the following figure:- 2028.

Section 98 of chapter 208 of the acts of 2018 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Notwithstanding any general or special law to the contrary, there shall be, subject to appropriation, a pilot program for the delivery of medication-assisted treatment for opioid use disorder at all county correctional facilities. The pilot program shall be implemented by the department of public health, in collaboration with the executive office of public safety and security, the office of Medicaid and the county sheriffs.

Subsection c. of section 1 of chapter 322 of the acts of 2018 is hereby amended by adding the following sentence:- The Citizens Commission shall continue to exist and perform the responsibilities required in this section until December 31, 2025.

Section 3 of said chapter 322 is hereby amended by adding the following subsection:-

(j) If a vacancy occurs on the Citizens Commission, the chair or co-chairs of the Citizens Commission shall give notice of such vacancy to the appropriate appointing authority and the appointing authority shall, not more than 30 days after receiving notice of the vacancy, appoint: (i) a person who previously duly applied to serve on the Citizens Commission pursuant to the process described in this act; or (ii) a person who files an application pursuant to this act; provided, however, that notice of such vacancy shall be posted by the appointing authority not later than 7 days after the appointing authority receives notice of the vacancy; provided further, that the appointee's application shall be publicly posted prior to the appointment.

Item 7008-1116 of section 2 of chapter 41 of the acts of 2019 is hereby amended by striking out the figure "2022", inserted by section 75 of chapter 24 of the acts of 2021, and inserting in place thereof the following figure:- 2023.

Said item 7008-1116 of said section 2 of said chapter 41 is hereby further amended by striking out the figure "2022", inserted by section 76 of said chapter 24, and inserting in place thereof the following figure:- 2023.

Item 7008-1117 of section 2A of chapter 142 of the acts of 2019 is hereby amended by striking out the words "June 30, 2022", inserted by section 81 of chapter 24 of the acts of 2021, and inserting in place thereof the following words:- June 30, 2023.

Said item 7008-1117 of said section 2A of said chapter 142 is hereby further amended by striking out the figure "2022", inserted by section 82 of said chapter 24, and inserting in place thereof the following figure:- 2023.

Said chapter 142 is hereby further amended by striking out section 95, as appearing in section 56 of chapter 102 of the acts of 2021, and inserting in place thereof the following section:-

Section 95. Notwithstanding any general or special law to the contrary and subject to availability of sufficient proceeds, the department of energy resources shall expend amounts from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws to fund the green communities program established in section 10 of chapter 25A of the General Laws, electric vehicle incentive programs through June 30, 2023 and transportation sector electrification programs through June 30, 2023. The department of energy resources shall offer rebates of not less than $2,500 and not more than $5,000 for the purchase or lease of battery electric vehicles, fuel cell electric vehicles and zero-emissions vehicles for sale or lease with a retail price of not more than $50,000. All payments made from the fund before June 30, 2023 shall be prioritized so that the initial payments from the fund shall be made to the green communities, electric vehicle incentive and transportation electrification programs; provided, however, that not less than $27,000,000 shall be available for electric vehicle incentive programs per fiscal year. The department shall examine the programs including, but not limited to, the cost-effectiveness of the programs in greenhouse gas emissions reductions, and report its findings to the joint committee on telecommunications, utilities and energy not later than June 30, 2022 and October 1, 2023. The department, with the approval of the secretary, may allocate funds sufficient to reimburse the commonwealth for the direct costs incurred in its administration of the RGGI program. Not later than June 30, 2022 and October 1, 2023, the department shall itemize such reimbursements in a report to the joint committee on telecommunications, utilities and energy.

Item 1410-0012 of section 2 of chapter 24 of the acts of 2021 is hereby amended by striking out the words "shall be expended for building renovations to convert the former senior center into a veterans outreach and wellness service center in the town of Falmouth" and inserting in place thereof the following words:- shall be expended to the Joe Q Veteran Coffee Break, Inc. for building renovations to convert the former senior center into a veterans outreach and wellness service center in the town of Falmouth.

Item 2000-0100 of said section 2 of said chapter 24 is hereby amended by inserting after the words "Healthy Soils program" the following words:- and such funds shall not revert but shall be available through June 30, 2023.

Item 2200-0100 of said section 2 of said chapter 24 is hereby amended by inserting after the word "Essex", as appearing in section 62 of chapter 102 of the acts of 2021, the following words:- and such funds shall be made available until June 30, 2023.

Item 2810-0122 of said section 2 of said chapter 24 is hereby amended by inserting after the word "Stoughton", in line 79, the following words:- and such funds shall be made available until June 30, 2023.

Item 7008-1116 of said section 2 of said chapter 24 is hereby amended by inserting after the words "Economic Council" the following words:- with such funds remaining available until June 30, 2024.

Subsection (b) of chapter 74 of the acts of 2021 is hereby amended by striking out the words "and (v) a survey of existing public programs and services that most effectively reduce poverty both in the commonwealth and in other states" and inserting in place thereof the following words:- (v) a survey of existing public programs and services that most effectively reduce poverty both in the commonwealth and in other states; and (vi) an analysis of potential financial disincentives that occur when a family or individual receiving public assistance increases its income and consequently becomes ineligible for public assistance programs.

Item 1599-2058 of section 2A of chapter 102 of the acts of 2021, is hereby amended by striking out the words "Haverhill Public-Private Partnership" and inserting in place thereof the following words:- 21st Century Jobskills Project.

Said item 1599-2058 of said section 2A of said chapter 102 is hereby further amended by striking out the words "Cambridge Nonprofit Coalition in the city of Cambridge" and inserting in place thereof the following words:- Sponsor, Inc. to provide support to nonprofits serving the city of Cambridge.

The special legislative commission established in section 107 of chapter 253 of the acts of 2020 to study and examine the civil service law, is hereby revived and continued to May 31, 2024. Upon the start of a new legislative session, the appointed members of the commission shall be reappointed by their appointing authorities. The commission shall submit a report of its study and any recommendations, together with any draft legislation necessary to carry those recommendations into effect, by filing the same with the governor, the speaker of the house of representatives and the president of the senate and the clerks of the house of representatives and the senate not later than May 31, 2024.

(a) Notwithstanding clause (b) of section 3 of chapter 176Q of the General Laws or any other general or special law to the contrary, the commonwealth health insurance connector authority established in section 2 of said chapter 176Q shall implement a 2-year pilot program to extend eligibility for premium assistance payments or point-of-service cost-sharing subsidies for applicants at or below 500 per cent of the federal poverty guidelines.

(b) Applicants participating in the pilot program that are between 300 and 500 per cent of the federal poverty guidelines shall have access to a plan that meets at least 90 per cent actuarial value; provided, that the affordability standard for the pilot program shall be consistent with current practices pursuant to said section 3 of said chapter 176Q.

(c) Notwithstanding the second paragraph of section 2OOO of chapter 29 of the General Laws or any other general or special law to the contrary, amounts necessary to support the 2-year pilot program established in subsection (a) shall be expended from the Commonwealth Care Trust Fund established in said section 2OOO of said chapter 29.

(d) The commonwealth health insurance connector authority, in consultation with the center for health information and analysis, shall evaluate the pilot program to assess the public health, health equity, utilization and financial impacts on residents of reducing out-of-pocket costs and premium costs. The center shall collect quantitative and qualitative data at the start of the pilot program and at the end of each year of the pilot program to assess the impact on pilot program participants. Data points to be collected shall include, but not be limited to: (i) rates of unmet medical need due to cost; (ii) disparities in rates of unmet medical need due to cost; (iii) difficulties accessing care at a doctor's office or clinic; (iv) racial and ethnic disparities in difficulties accessing care at a doctor's office or clinic; (v) insurance coverage rates, including rates of continuous insurance coverage; (vi) racial and ethnic disparities in insurance coverage rates; (vii) visits to a doctor's office; and (viii) racial and ethnic disparities in visits to a doctor's office. The connector authority shall file reports of its evaluation with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on public health and the joint committee on health care financing not later than December 1, 2024 and December 1, 2025.

Notwithstanding section 103 of chapter 32 of the General Laws or any other general or special law to the contrary, the retirement board of any system that has accepted said section 103 may elect to establish a cost-of-living adjustment increase not less than 3 per cent and not greater than 5 per cent for fiscal year 2023.

The sum of the dollar amount of the cost-of-living increase, together with the amount of retirement allowance, pension or annuity to which the cost-of-living increase is applied, shall become the fixed retirement allowance, pension or annuity for all future purposes, including the application of subsequent cost-of-living adjustments in future years.

The retirement board shall conduct an election in a public meeting, properly posted and called specifically for such election. The board shall notify the relevant legislative body not later than 30 days before such election. A retirement board may grant a cost-of-living increase of not less than 3 percent and not greater than 5 per cent for fiscal year 2023 at any time during the fiscal year.

Notwithstanding section 12A of chapter 746 of the acts of 1981, the Massachusetts Port Authority shall not impose or collect fines for violations of its parking regulations in excess of the schedule of fines pursuant to section 20A of chapter 90 of the General Laws, except by regulation.

(a) The secretary of health and human services, in consultation with the department of higher education, shall establish and implement a public information campaign to promote awareness of the availability of student loan forgiveness and assistance, tuition reimbursement, fellowships or other state and federal programs designed to benefit the health care and behavioral health workforce in the commonwealth and individuals who may be interested in joining the health care or behavioral health workforce. The campaign shall include: (i) educating health care and behavioral health workforce members of the availability of the centralized website established pursuant to subsection (b), listing of available programs; (ii) performing targeted outreach to health care and behavioral health workforce members about the availability of student loan forgiveness and other assistance programs designed to benefit workers; and (iii) performing targeted outreach to the public, including community colleges and other colleges and universities, to provide information about programs available to assist individuals interested in joining the health care and behavioral health workforce.

(b) Not later than October 1, 2022, the secretary of health and human services shall establish a centralized website for the public to access a list and description of all programs offered through the commonwealth and any applicable federal programs for loan forgiveness or assistance, tuition reimbursement, fellowships or other workforce-related benefits in the health care and behavioral health industries, including, but not limited to, programs established in: (i) the General Laws; (ii) regulations; (iii) the 1115 waiver; (iv) chapter 102 of the acts of 2021; and (v) this act. The website shall provide comprehensive information about all programs offered through the commonwealth for loan forgiveness or assistance, tuition reimbursement, fellowships or other workforce-related benefits for health care and behavioral health workforce members and the public who may be interested in joining the health care or behavioral health workforce including, but not limited to: (i) eligibility for programs; (ii) information on how to access additional information related to programs; and (iii) website links or other information on how to apply for or request participation in the programs.

(a) For the purposes of this section, "nitrogen waste standard" shall, for a domestic septic system, mean any properly functioning identifying septic system that is approved for the intended domestic use pursuant to title 5 of the state environmental code established in 310 CMR 15.00; provided, however, that "nitrogen waste standard" for a domestic septic system located in a city or town that established a more effective nitrogen waste standard that decreases the amount of nitrogen waste shall mean any properly functioning identifying septic system that is approved for the intended domestic use pursuant to the nitrogen waste standard established by the city or town pursuant to subsection (d).

(b) Notwithstanding chapter 29C of the General Laws or any other general or special law to the contrary, to reduce environmental impacts of nitrogen pollution in vulnerable communities, a local or regional board of health may enter into agreements with residential owners to provide for the repair, replacement or upgrade of certain septic systems pursuant to subsections (c) and (e).

(c)(1) When an existing domestic septic system fails to properly treat for nitrogen and conform to the applicable nitrogen waste standard, a local or regional board of health may enter into an agreement with the residential owner pursuant to section 127B 1/2 of chapter 111 of the General Laws to finance by loan the repair, replacement or upgrade of the system to meet the standard.

(2) To qualify for such loan assistance, a domestic septic system shall be located within: (i) a watershed area of a nitrogen impaired water body as identified in the latest United States Environmental Protection Agency approved final listing of the latest state Integrated List of Waters for the commonwealth; (ii) a nitrogen sensitive area as defined in 310 CMR 15.002; or (iii) a watershed area of a water body subject to the latest state established total maximum daily load for total nitrogen pollution that is approved by the United States Environmental Protection Agency.

(3) The repair, replacement or upgrade, including installation, of a shared domestic septic system that treats for nitrogen located in an area described in paragraph (2) may qualify for such loan assistance; provided, that the: (i) shared system replaces or services at least 2 existing domestic septic systems that otherwise would fail to properly treat for nitrogen; and (ii) the combined shared septic system, including its components, has a discharge volume of less than 10,000 gallons per day that meets the applicable nitrogen waste standard. For loan assistance pursuant to paragraph (1), each affected residential owner benefiting directly from the shared system shall enter into an agreement with the local or regional board of health in the city or town where such system is located for the repayment of the owner's proportionate share of the costs and expenses incurred by the local or regional board of health for the repair, replacement or upgrade of any part of the shared system.

(d) Notwithstanding any general or special law to the contrary, a city or town may establish a nitrogen waste standard for domestic septic systems by: (i) the adoption of a rule or regulation by its local or regional board of health; or (ii) a zoning by-law or ordinance approved by the governing body of the city or town; provided, however, that the nitrogen waste standard established shall meet all the minimum requirements of title 5 of the state environmental code established in 310 CMR 15.00.

(e) Notwithstanding any general or special law to the contrary, a local or regional board of health may enter into an agreement for loan assistance with a residential owner to promote the voluntary upgrade or replacement of the owner's functioning domestic septic system to meet the applicable nitrogen waste standard.

(a) Notwithstanding any general or special law to the contrary, the secretary of health and human services, in collaboration with the commissioner of public health, shall conduct or provide for an examination of the prescribing and treatment history, including court-ordered treatment or treatment within the criminal legal system, of persons in the commonwealth who suffered fatal overdoses in calendar years 2019 to 2021, inclusive, and annually thereafter, and shall report in an aggregate and de-identified form on trends discovered through the examination. The secretary of health and human services may contract with a nonprofit or educational entity to conduct data analytics on the data set generated in the examination; provided, however, that the executive office shall implement appropriate privacy safeguards consistent with state and federal law.

(b) To facilitate the examination pursuant to subsection (a), the department of public health shall request, and the relevant offices and agencies shall provide, information necessary to complete the examination from the division of medical assistance, the executive office of public safety and security, the center for health information and analysis, the office of patient protection, the department of revenue and the chief justice of the trial court, which may include, but shall not be limited to, data from the: (i) prescription drug monitoring program established in section 24A of chapter 94C of the General Laws; (ii) all-payer claims database established in section 12 of chapter 12C of the General Laws; (iii) criminal offender record information database established in section 172 of chapter 6 of the General Laws; and (iv) court activity record information system established in section 9 of chapter 258E of the General Laws. To the extent feasible, the department of public health shall request data from the Massachusetts Sheriffs Association, Inc. relating to treatment within houses of correction.

(c) Not later than July 1, 2023, and annually thereafter, the secretary of health and human services shall publish a report on the findings of the examination including, but not limited to: (i) the overall prescription history of the individuals, including both agonist and antagonist medications for opioid use disorder; (ii) the mental and behavioral health and substance use treatment history of the individuals, including an outcome comparison of voluntary versus involuntary treatment, controlling for other factors; (iii) structural factors that contribute to heightened risk of overdose including, but not limited to, employment status, housing status, criminal legal involvement, income, medical comorbidities including, but not limited to, bacterial or viral infections and substance use sequalae and other demographic markers including, but not limited to, race, ethnicity, age, gender identity, sexual orientation and immigration status; (iv) trends in the substances observed in overdose events; (v) whether the individuals had attempted to enter but were denied access to mental or behavioral health or substance use treatment; (vi) whether the individuals had received past treatment for a substance overdose; and (vii) whether any individuals had been previously detained, committed or incarcerated and, if so, whether they had received treatment and treatment type during the detention, commitment or incarceration.

The reports shall be filed with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on mental health, substance use and recovery, the joint committee on public health and the joint committee on health care financing.

(a) Notwithstanding any general or special law to the contrary, not later than January 1, 2024, any electric distribution company or municipal aggregator with a certified efficiency plan may submit proposed low- and moderate-income whole building efficiency, electrification and greenhouse gas emission reduction offerings to a limited number of participants within the low- and moderate-income customer groups to the department of public utilities for review. The offerings shall: (i) promote the adoption of whole building energy efficiency measures, including weatherization; (ii) require full displacement of fossil fuel heating and cooling equipment and fossil fuel cooking appliances, excluding outdoor grills; and (iii) promote adoption and installation of onsite renewable energy generation and energy storage. A renewable energy facility funded by the offerings made under this section shall be designated as a "qualifying facility" as defined in 220 CMR 8.02. The offerings shall be designed to encourage customers to lower energy consumption, reduce demand, improve customer resiliency or reduce use of the distribution system.

(b) Costs incurred under this section may be recovered through the funding sources authorized in subsection (a) of section 19 of chapter 25 of the General Laws.

(c) Not later than August 1, 2028, the department shall file a report detailing the results of the offerings under this section, including: (i) an analysis of costs, benefits and scalability of the offerings; and (ii) recommendations for legislative changes to any energy efficiency and renewable energy generation incentive programs. The report shall be filed with the clerks of the senate and the house of representatives, the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means.

The Lowell Judicial Center in the city of Lowell shall be designated and known as the Cornelius F. Kiernan Judicial Center, in memory of the late honorable Cornelius F. Kiernan. The division of capital asset management and maintenance shall erect suitable markers bearing this designation in compliance with the standards of the division; provided, however, that the executive office of the trial court shall maintain the markers.

The law library of the Lowell Judicial Center in the city of Lowell shall be designated and known as the Daniel P. Leahy Law Library, in memory of the late honorable Daniel P. Leahy. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing this designation in compliance with the standards of the division.

(a) Notwithstanding any general or special law to the contrary, there shall be a restoration center commission in the former county of Middlesex, as previously established in section 225 of chapter 69 of the acts of 2018, to continue the planning and implementation of the second phase of recommendations of said commission.

(b) The commission shall consist of: the Middlesex county sheriff, or a designee, who shall serve as co-chair; the president of the Massachusetts Association for Mental Health, Inc., or a designee, who shall serve as co-chair; 1 member appointed by the National Alliance on Mental Illness of Massachusetts, Inc.; 1 member appointed by the Middlesex County Chiefs of Police Association from a police department within the former Middlesex county that has received critical incident training or has established a local jail diversion program; 1 member of the senate; 1 member of the house of representatives; a member appointed by the chief justice of the trial court with specialty court experience; 3 members appointed by the secretary of health and human services, 1 of whom shall be from MassHealth with knowledge of insurance vehicles, 1 of whom shall be from the department of mental health with knowledge of criminal legal system diversion and forensic services and 1 of whom shall be from the bureau of substance addiction services with knowledge of criminal legal system diversion and forensic services; 1 member appointed by the co-chairs from the philanthropic community with experience in funding programs that divert individuals with behavioral health conditions from the criminal justice system and emergency rooms into appropriate treatment; and 1 member appointed by the Association for Behavioral Healthcare, Inc., who shall serve as a nonvoting member of the commission.

(c) The commission shall: (i) oversee implementation planning and program operation of the county restoration center and program to divert persons suffering from mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process from lock-up facilities and hospital emergency departments to appropriate treatment; (ii) select an independent evaluator to institute a rapid cycle evaluation of center implementation to inform improvements to the center's model of care; (iii) determine the advisability of replicating the center's model of care across the commonwealth based on input from behavioral health provider organizations and program evaluation of and operating results for the center and develop a framework for replicating the center's model of care; and (iv) establish a center of excellence to disseminate program knowledge, promote broad scale adoption of the center's model of care and implement a learning community for statewide practice transformation.

(d) Annually, not later than November 1, the commission shall provide a written report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means, the joint committee on mental health, substance use and recovery and the joint committee on healthcare financing summarizing the commission's activities over the previous fiscal year.

Notwithstanding any general or special law to the contrary, not later than 180 days after the effective date of this act, the department of public health shall promulgate regulations that create: (i) a statewide standard prehospital care protocol related to the assessment, treatment and transport of stroke patients by emergency medical services providers to a hospital designated by the department to care for stroke patients; provided, however, that the protocol shall be based on national evidence-based guidelines for transport of stroke patients, consider transport that crosses state lines and include plans for the triage and transport of suspected stroke patients including, but not limited to, those who may have an emergent large vessel occlusion, to an appropriate facility within a specified timeframe following the onset of symptoms and additional criteria to determine which level of care is the most appropriate destination; (ii) statewide criteria for designating hospitals in a tiered system, featuring advanced designations in addition to primary stroke services, to treat stroke patients based on patient acuity; provided, however, that the tiers shall be based on criteria from at least 1 nationally-recognized program and shall not permit self-designation; provided further, that in developing such criteria, the department shall consider: (A) designation models and criteria developed by the Joint Commission, DNV GL Healthcare USA, Inc. or another national certifying body recognized by the Centers for Medicare and Medicaid Services in the United States Department of Health and Human Services; (B) designation models and criteria adopted by other states and the differences in geography and health care resources of such other states; (C) the clinical and operational capability of a facility to provide stroke services, including emergency and ancillary stroke services; (D) limiting the routing of stroke patients to thrombectomy-capable facilities whenever a comprehensive stroke center is within a recommended timeframe to maximize technical competency and patient outcomes; and (E) procedures to suspend or revoke a facility's designation if the department determines the facility is not in compliance with designation requirements and procedures to notify emergency medical services providers of any such suspension or revocation; and (iii) recommended national evidence-based quality and utilization measure sets for stroke care for use by the center for health information and analysis pursuant to section 14 of chapter 12C of the General Laws; provided, however, that the department shall consider measures in current use in national quality improvement programs including, but not limited to, the Centers for Medicare and Medicaid Services, the National Quality Forum, the Paul Coverdell National Acute Stroke Program or other nationally-recognized data platforms.

(a) There shall be a special commission to study and report on the history of state institutions for people with intellectual or developmental disabilities or mental health conditions in the commonwealth including, but not limited to, the Walter E. Fernald state school and the Metropolitan state hospital. The commission shall: (i) review existing records in the possession of the commonwealth related to the network of current and former state institutions for people with intellectual or developmental disabilities or mental health conditions; (ii) examine the current availability of, and barriers to accessing, records by former residents of such institutions, their descendants and relatives and the general public; (iii) assess and compile records of burial locations for the residents who died while in the care of such institutions; (iv) determine the likelihood and possible locations of unmarked graves at sites of former state institutions for people with intellectual or developmental disabilities or mental health conditions; and (v) design a framework for public recognition of the commonwealth's guardianship of residents with disabilities throughout history, which may include, but shall not be limited to, recommendations for memorialization and public education on the history and current state of the independent living movement, deinstitutionalization and the inclusion of people with disabilities.

(b) The commission shall consist of: a person who identifies as having an intellectual or developmental disability, appointed by the commissioner of developmental services, who shall serve as co-chair; a person who identifies as having a mental health or behavioral health condition, appointed by the commissioner of mental health, who shall serve as co-chair; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the chief of the archives division in the department of the state secretary or a designee; the executive director of the disabled persons protection commission or a designee; the director of the Massachusetts office on disability or a designee; 1 member who identifies as a person with a disability appointed by Arc Massachusetts, Inc.; 1 member appointed by Massachusetts Advocates Standing Strong, Inc.; 1 member appointed by Massachusetts Families Organizing for Change Inc.; and 7 members appointed by the governor, 1 of whom shall be a representative of a center for independent living, 2 of whom shall be current residents of the Hogan Regional Center or Wrentham Developmental Center, 1 of whom shall be a family member of a current resident of the Hogan Regional Center, 1 of whom shall be a family member of a current resident of the Wrentham Developmental Center, 1 of whom shall be a former employee of a state institutional facility between 1970 and 2014, inclusive, and 1 of whom shall be a self-advocate member of a mental health peer recovery group.

(c) The commission shall file a report of its findings and recommendations to the state secretary, the clerks of the senate and house of representatives, the joint committee on children, families and persons with disabilities and the joint committee on mental health, substance use and recovery not later than June 1, 2025. The Massachusetts office on disability shall make the report publicly available in an accessible format on the office's website.

Notwithstanding any general or special law to the contrary, the health policy commission established in chapter 6D of the General Laws shall conduct an analysis and issue a report on the ongoing effects of the COVID-19 pandemic on behavioral health-related boarding in acute care hospital settings including, but not limited to, boarding in emergency departments, medical surgical units or observation units in the commonwealth. The study shall consider emergency department visits in the commonwealth classified as mental health, behavioral health, substance use disorder or other alcohol-related diagnosis and shall review: (i) length of stay for boarding; (ii) primary reason for wait; (iii) level of care required; (iv) type of insurance coverage; (v) payer reimbursement to care for boarders in emergency departments, medical surgical units or observation units; (vi) available data on patient age, race, ethnicity, preferred spoken language, gender and homelessness; (vii) the ability to facilitate care coordination among health care providers; (viii) effects of COVID-19 on length of stay; (ix) effects of COVID-19 on workforce and any workforce shortages; and (x) other factors related to COVID-19 affecting the: (a) increased burden on acute care hospitals as a result of behavioral health-related boarding; (b) outcomes and quality of care for patients boarded in acute care hospitals; (c) resources provided by health plans to care for boarders. The health policy commission shall also review behavioral health-related boarding in other states and actions taken and any best practices to address the pressure on acute care hospitals as a result of the effects of the COVID-19 pandemic on behavioral health-related boarding. Not later than July 1, 2023 the health policy commission shall submit to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on mental health, substance use and recovery and the joint committee on healthcare financing its report, including recommendations on how to address: (i) the burden on acute care hospitals; (ii) outcomes for patients with behavioral diagnoses; (iii) quality of care for patients boarded in acute care hospitals; and (iv) payer reimbursement to care for boarders in acute care hospitals.

(a) Notwithstanding and general or special law to the contrary, the University of Massachusetts at Amherst, in consultation with the executive office of health and human services, shall study the feasibility of establishing a Massachusetts school of health sciences education and center for health care workforce innovation at the Mount Ida campus in the city of Newton.

(b) The study shall consider, but shall not be limited to: (i) options to construct, improve, renovate, enlarge or equip facilities at the Mount Ida campus to create multi-disciplinary instructional spaces; (ii) resources required to advance innovative training and professional development across the various health care sectors; (iii) opportunities to collaborate with public and private partners on educational offerings, including the establishment of new certificate, associate, baccalaureate, masters and doctoral degree programs; (iv) opportunities to create partnerships with vocational and secondary schools in the commonwealth; (v) a faculty pipeline program to address shortages in full-time and part-time faculty in the health sciences at institutions of higher education; (vi) opportunities to recruit a more diverse and inclusive workforce and address disparities in the health care system; and (vii) opportunities to leverage funds from health care employers to support operations at the Massachusetts school of health sciences education and center for health care workforce innovation at the Mount Ida campus.

(c) As part of the study, the University of Massachusetts at Amherst, in consultation with the executive office, shall solicit input from the following individuals and organizations: the joint committee on health care financing; the secretary of administration and finance; the secretary of labor and workforce development; the commissioner of higher education; the health policy commission; the Massachusetts Health and Hospital Association, Inc.; the Massachusetts Association of Behavioral Health Systems, Inc.; the Massachusetts League of Community Health Centers, Inc.; Massachusetts Senior Care Association, Inc.; Massachusetts Home Care, Inc.; The Massachusetts Medical Society; the Massachusetts Nurses Association; the Service Employees Industrial Union, Local 1199; the Home Care Aide Council; and the Disability Policy Consortium, Inc.

(d) Not later than December 31, 2022, the University of Massachusetts at Amherst shall submit a report detailing the results of the study, along with any legislative or budgetary recommendations necessary to implement its findings, by filing the same with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on health care financing and the joint committee on higher education.

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 2023 by increasing the final fiscal year 2022 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2023. The division shall authorize the fiscal year 2023 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, the executive office of health and human services shall establish and implement an Incumbent Health Care Worker CNA Certification Pilot Program. The pilot shall offer paid training for incumbent health care workers with limited access to state-approved CNA certification training. The pilot shall provide flexibility to individuals who may have a difficult time attending day or evening classes while fulfilling their current work responsibilities.

(b) There is hereby established an Incumbent Health Care Worker CNA Certification Pilot Program Advisory Committee. The secretary of health and human services, or a designee, shall appoint such advisory committee to represent significant constituencies and stakeholders, including, but not limited to, the chairs of the joint committee on labor and workforce development, representatives from community-based organizations and nonprofit service providers, a representative from the Commonwealth Corporation Foundation, the SEIU 1199 Training and Upgrading Fund, the Massachusetts Senior Care Association, Inc., the Massachusetts Hospital and Health Systems Association, and other such stakeholders as the secretary of health and human services shall deem necessary. The advisory committee shall advise on matters and policies affecting the Incumbent Health Care Worker CNA Certification Pilot Program. The advisory committee shall supply constituent-focused labor market information, review general programmatic parameters and guidelines and assist with the identification of any issues and barriers to the pilot's efficiency and effectiveness. The advisory committee shall meet from time to time, but not less frequently than bi-monthly.

(c) Not later than 6 months and 1 year, respectively, after implementation of the pilot, the executive office of health and human services shall report on the results of the pilot and offer findings and recommendations for subsequent state action related to the pilot to the house and senate committees on ways and means, the joint committee on labor and workforce development and the joint committee on health care financing.

Notwithstanding any general or special law to the contrary, the retirement allowance of any member who retired pursuant to chapter 32 of the General Laws prior to July 1, 2022, which included in the calculation of such allowance supplemental payments of any kind upon which retirement contributions were made, which supplemental payments were received while the member was simultaneously receiving workers' compensation payments pursuant to chapter 152 of the General Laws shall not be reduced, modified or changed as a result of the inclusion of such supplemental payments. Such prohibition shall also apply to retirement allowances paid to surviving spouses and beneficiaries of such members.

Notwithstanding any general or special law to the contrary, the health policy commission, in collaboration with the executive office of health and human services and the center for health information and analysis, shall conduct an analysis and report on the use of the behavioral health access line and behavioral health crisis intervention services as described in section 2WWWWW of chapter 29 of the General Laws, which shall include an evaluation of and recommendations for developing an equitable and sustainable funding mechanism for the behavioral health access line and behavioral health crisis intervention services 24 hours per day and 7 days per week available to all residents without regard to insurance.

The report shall include: (i) an analysis of the use of the behavioral health access line and behavioral health crisis intervention services by payer, including public and private payers, by insurance status, including the uninsured, and by aggregate patient demographics, including age, diagnosis and geographic region; (ii) the number of referrals, both direct and indirect, made by the behavioral health access line to a health care provider by provider type; (iii) the average length of interaction with a patient on the behavioral health access line; (iv) the average length of stay or interaction with the behavioral health crisis intervention services, including whether patients were admitted for care or referred to a new care setting following discharge; (v) the impact of the behavioral health access line and behavioral health crisis intervention services on emergency department wait times and utilization of inpatient psychiatric services by geographic region; (vi) any barriers to accessing the behavioral health access line and behavioral health crisis intervention services; (vii) an analysis of the use of the federally-designated 988 suicide prevention hotline including, but not limited to, call volume, abandoned call rate and number of referrals to other services by service type; (viii) recommendations on ways to expand access to the behavioral health access line and behavioral health crisis intervention services; (ix) an analysis and breakdown of the total annual cost of providing the behavioral health access line and behavioral health crisis intervention services 24 hours per day and 7 days per week, available to all residents without regard to insurance; (x) an examination of potential funding mechanisms for sustaining the behavioral health access line and behavioral health crisis intervention services including, but not limited to, the behavioral health payor surcharge described in section 69A of chapter 118E of the General Laws, the General Fund, the Health Safety Net Trust Fund established in section 66 of said chapter 118E, an assessment on surcharge payors, any funds distributed through the federal 988 program and a surcharge on cell phone usage; and (xi) recommendations for an equitable and sustainable funding mechanism for the behavioral health access line and behavioral health crisis intervention services that takes into account utilization of such services by payer type and insurance status.

In developing the report, the commission shall seek input from relevant state agencies, the Massachusetts Association of Health Plans, Inc., Blue Cross and Blue Shield of Massachusetts, Inc., the Massachusetts Association for Mental Health, Inc., the Association for Behavioral Healthcare, Inc., the Massachusetts Health and Hospital Association, Inc., the Massachusetts Taxpayers Foundation, Inc., health care providers and payers, patients and any other interested stakeholder.

The commission shall submit its report and recommendations to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on health care financing and the joint committee on mental health, substance use and recovery not later than January 15, 2025.

The executive office of health and human services shall study and publish a report on the needs of MassHealth enrollees with a diagnosis of sickle cell disease and the adequacy of available covered medications, treatments and health care services to meet those needs. The report shall include, but not be limited to, an examination of: (i) the extent to which health care transitional programs or services offered or covered by the division of medical assistance transfer and integrate children and young adults with a diagnosis of sickle cell disease into the adult care setting; (ii) the extent to which providers of emergency medical services to MassHealth enrollees are adequately trained and otherwise prepared to treat and manage enrollees with a diagnosis of sickle cell disease presenting with vaso-occlusive crises including, but not limited to, the extent to which such providers follow clinically-validated algorithms and protocols regarding such treatment and management; and (iii) to the extent practicable, the number of enrollees with a diagnosis of sickle cell disease with 2 or more vaso-occlusive episodes or pain crisis-related hospitalizations or emergency department visits and the average length of stay for each such hospitalization or visit. The report shall also include a recommendation as to whether the division should seek to expand access to medication, treatment or health care services for MassHealth enrollees with a diagnosis of sickle cell disease and any other recommendations that would help address the unmet medical needs of such enrollees.

When conducting the study, the executive office shall solicit and consider input from the general public, with specific emphasis on receiving input from individuals diagnosed with sickle cell disease as well as persons or groups with knowledge, experience or specialized expertise in sickle cell disease treatment. The executive office shall hold at least 1 public hearing for the purpose of soliciting such input.

The executive office shall file the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the senate and house committees on ways and means not later than April 30, 2023 and the division shall make the report publicly available on the division's website.

(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 2023 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 2023 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 2023 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 2023 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 2023.

Notwithstanding any special or general law to the contrary, for fiscal year 2023, $94,000,000 of the amount transferred in item 1595-6370 of section 2E shall be considered operating assistance and distributed to regional transit authorities; provided, however, that for fiscal year 2023, $90,500,000 shall be distributed based on fiscal year 2022 distributions, in accordance with the updated fiscal year 2022 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided further, that each regional transit authority shall receive operating assistance from said item 1595-6370 of said section 2E of not less than the amount received in fiscal year 2022; and provided further, that $3,500,000 shall be distributed to each regional transit authority based on the following formula: 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report, 30 per cent based on population of its member communities from the most recent census and 10 per cent based on service coverage area determined by the total square miles of its member communities. The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile collected data into a report on the performance of regional transit authorities and each authority's progress towards meeting the performance metrics established in each memorandum of understanding.

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 5 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 prepared quarterly by the secretary of administration and finance and submitted to the house and senate 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 subdivision (1) of section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund established in subdivision (8) of said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.

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 $19,500,000 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 2023 to support the Medicare Saving or Medicare Buy-In programs established in section 25A of said chapter 118E; provided, however, that the secretary of health and human services shall certify to the senate and house committees on ways and means, not less than 45 days in advance of the transfer, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer.

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

Notwithstanding any general or special law to the contrary, the secretary of health and human services shall seek any and all required federal approvals the secretary deems necessary to implement: (i) the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29 of the General Laws; (ii) the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29; and (iii) sections 16, 19, 56, 60, 62, 64, 112, 113, 114 and 185, including any required waivers under 42 CFR 433.68 necessary to implement the updates to the hospital assessment described in section 67 of chapter 118E of the General Laws.

If, after having received any required federal approval necessary to implement the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund and said sections 16, 19, 56, 60, 62, 64, 112, 113, 114 and 185, such approval is withdrawn or is otherwise not in effect or the secretary determines that a change in federal law, regulation or the federal government's administration of federal law or regulation requires a modification to the hospital assessment described in section 67 of chapter 118E of the General Laws or to the implementation of the Health Safety Net Trust Fund established in section 66 of said chapter 118E, the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of chapter 29 of the General Laws, the Safety Net Provider Trust Fund established in section 2AAAAA of said chapter 29, the Hospital Investment and Performance Trust Fund or the Population Health Investment Trust Fund, the secretary shall notify the joint committee on health care financing and the senate and house committees on ways and means and shall consult with the Massachusetts Health and Hospital Association, Inc. to develop alternatives.

Not later than December 15, 2023, and annually thereafter, the secretary shall report to the joint committee on health care financing and the senate and house committees on ways and means: (i) the amount of the assessment made and collected from each hospital pursuant to said section 67 of said chapter 118E of the General Laws; and (ii) the amounts transferred to, deposited in, expended from and transferred from the Hospital Investment and Performance Trust Fund and the Population Health Investment Trust Fund.

Notwithstanding any general or special law to the contrary, in the event that the commonwealth does not receive all federal approvals pursuant to section 157 that the secretary of health and human services determines necessary to implement: (1) the Hospital Investment and Performance Trust Fund established in section 2TTTTT of chapter 29 of the General Laws; (2) the Population Health Investment Trust Fund established in section 2UUUUU of said chapter 29; and (3) sections 16, 19, 56, 60, 62, 64, 112, 113, 114 and 185, including any required waivers under 42 CFR 433.68, the hospital assessment described in sections 64 to 69, inclusive, of chapter 118E of the General Laws shall remain in effect as if said sections 16, 19, 56, 60, 62, 64, 112, 113, 114 and 185 the Hospital Investment and Performance Trust Fund established in said section 2TTTTT of said chapter 29 and the Population Health Investment Trust Fund established in said section 2UUUUU of said chapter 29 had not been enacted until the first full calendar month following the calendar month in which the secretary determines all such federal approvals have been received. The secretary, in consultation with representatives of the Massachusetts Health and Hospital Association, Inc., shall continue to seek all federal approvals necessary to implement the Hospital Investment and Performance Trust Fund, the Population Health Investment Trust Fund and said sections 16, 19, 56, 60, 62, 64, 112, 113, 114 and 185 until such federal approvals are received or the United States Department of Health and Human Services or the federal Centers for Medicare and Medicaid Services render a final determination that an assessment established pursuant to said sections 65 to 69, inclusive, of said chapter 118E cannot be implemented.

Section 157 is hereby repealed.

Notwithstanding any general or special law to the contrary, not later than October 1, 2022 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to this act for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2022. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2023, the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office.

Notwithstanding any general or special law to the contrary, in hospital fiscal year 2023, the office of inspector general may expend not more than $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 provided to the uninsured and the resulting free charges. The unit shall 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 senate and house committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2023.

Notwithstanding any general or special law to the contrary, the secretary of health and human services shall, not later than June 30, 2023, make available $40,000,000 from the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of chapter 29 of the General Laws to the comptroller for deposit in the General Fund to reimburse the commonwealth for Medicaid-related expenses incurred in fiscal year 2023 as certified by the secretary of health and human services.

(a) For fiscal year 2023, to the extent funds are available, the comptroller shall transfer $1,399,699,283, or such amount as may be required, to the Commonwealth Stabilization Fund established in section 2H of chapter 29 of the General Laws in the manner described in section 5G of said chapter 29.

(b) In addition, the following activities and events are expected to result in the amounts set forth below being deposited in the Commonwealth Stabilization Fund: (i) $21,722,876 from gaming revenues, as provided in clause (f) of paragraph (2) of section 59 of chapter 23K of the General Laws; (ii) $34,687,500 from growth in abandoned property net revenue as provided in section 5H of chapter 29 of the General Laws; and (iii) $12,000,000 from other sources.

(c) The total deposit made as a result of the actions described in subsections (a) and (b) is expected to be $1,468,109,659.

(a) Notwithstanding any general or special law to the contrary, the comptroller, at the direction of the secretary of administration and finance, may transfer up to $15,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws.

(b) The transfer required from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund under subsection (b) of section 189 of chapter 149 of the General Laws shall not apply in fiscal year 2023.

(a) The inclusive concurrent enrollment advisory board established in subsection (e) of section 17 of chapter 71B of the General Laws shall convene a task force to evaluate, develop and pilot mechanisms to support institutions of higher education offering opportunities, pursuant to section 30A of chapter 15A of the General Laws, to include individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities over the age of 21. The evaluation shall include, but not be limited to, an assessment of the: (i) needs relating to housing, employment, health care, mental health care, transportation and social and leisure opportunities of participating individuals over the age of 21; (ii) type, frequency and duration of support that will be required to support public higher education opportunities for participating individuals over the age of 21; (iii) costs associated with supporting higher education opportunities at public higher education institutions for participating individuals over the age of 21; and (iv) the programs, services, and support available through public institutions of higher education, the department of higher education, the department of developmental disabilities, the Massachusetts Rehabilitation Commission and other public agencies to provide supports identified as necessary and appropriate to support participants over the age of 21 in accordance with said section 30A of said chapter 15A; (v) opportunities available to maximize federal financial participation through Medicaid and federal financial aid to include individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities who are over the age of 21; (vi) proposals for any additional legislation and regulation that may be necessary to further define terms, facilitate and advance the offering of inclusive opportunities at institutions of public higher education. The task force shall convene not later than November 30, 2022.

(b) The task force shall file a report containing the results of its study and shall make recommendations to the inclusive concurrent enrollment advisory board, the clerks of the senate and house of representatives, the joint committee on higher education and the senate and house committees on ways and means not later than April 15, 2023.

(a) The department of public health shall convene a task force to: (i) examine chronic kidney disease, transplantation, living and deceased kidney donation and the existing racial, ethnic, regional and socioeconomic disparities in the rates of impacted persons; (ii) examine ways to reduce the occurrence of chronic kidney disease by controlling the most common risk factors, including diabetes and hypertension, through early detection and prevention efforts at the community level and disease management efforts in the primary care setting; (iii) identify current barriers to adoption of best practices and potential policy options to address these barriers; (iv) develop a sustainable cost-effective plan for prevention, early screening, diagnosis and treatment of chronic kidney disease; (v) develop a sustainable plan to raise awareness about early detection and prevention while promoting health equity; (vi) work directly with policymakers, public health entities and educational institutions to create health education programs to reduce the burden of kidney disease which shall include an ongoing campaign that includes health education workshops and seminars, relevant research and preventive screenings and that utilizes social media campaigns and television and radio commercials; and (vii) examine the feasibility and advisability of an opt-out donor registry.

(b) The task force shall consist of: the senate and house chairs of the joint committee on public health, who shall serve as co-chairs; the commissioner of public health or a designee; the chief executive officer of the Massachusetts League of Community Health Centers, Inc. or a designee; the assistant secretary of MassHealth or a designee; and 12 persons to be appointed by the co-chairs, 1 of whom shall be a representative of the National Kidney Foundation serving New England, 3 of whom shall be kidney patients, 2 of whom shall be representatives of public health organizations with a focus on racial equity, 1 of whom shall represent a not-for-profit organ procurement organization, 1 of whom shall represent the nephrology department at Mass General Brigham Incorporated, 1 of whom shall represent the Joslin Diabetes Center, Inc., 1 of whom shall represent the Massachusetts Medical Society, 1 of whom shall represent the Massachusetts Association of Health Plans, Inc. and 1 of whom shall represent Blue Cross and Blue Shield of Massachusetts, Inc.

(c) The task force shall file a report on the results of its examination and any recommendations to the clerks of the senate and the house of representatives, the joint committee on public health and the senate and house committees on ways and means not later than November 1, 2023.

(a) There shall be a special commission on oral health for the purpose of studying oral disease in the commonwealth, identifying gaps in care and developing a strategic plan to address specific barriers, integrate oral health with general health and improve access to, and quality of, oral health care for the residents of the commonwealth. The commission shall: (i) investigate the current oral health status and needs of all residents of the commonwealth, including adult and pediatric populations; (ii) assess gaps in access to oral health care and services; (iii) develop a plan and timeline to conduct a statewide oral health needs assessment, which shall be under the direction of the office of oral health advisory committee; (iv) create guidelines to establish a statewide oral health data and surveillance system using contemporary information technologies and national comparisons of key indicators; (v) provide workforce, infrastructure and policy recommendations that address oral health disparities, increase public awareness of oral health services and work towards building health equity; (vi) utilize data to examine oral health status and dental care access for underserved and diverse populations including, but not limited to, racially, ethnically, culturally and linguistically diverse communities across all geographic regions of the commonwealth; (vii) assess provider capacity or shortages, inclusive of provider enrollment by payer type; (viii) propose solutions to improve access to culturally sensitive care and services and increase dental provider enrollment in MassHealth; (ix) investigate gaps in public oral health prevention and promotion programs, considering the impact of social determinants of health on oral health; and (x) report on other matters as the commission shall determine to be of relevance and priority.

(b) The commission shall consist of: the commissioner of public health or a designee, who shall serve as chair; the members of the department of public health office of oral health advisory committee; the assistant secretary for MassHealth or a designee; the chairs of the joint committee on public health or their designees; the director of the health policy commission or a designee; the executive director of the center for health information and analysis or a designee; and 17 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Dental Society, 1 of whom shall be a representative of the Massachusetts Dental Hygienists' Association, Inc., 1 of whom shall be a representative of Health Care For All, Inc., 3 of whom shall be representative of geographically, racially, socioeconomically and ethnically diverse communities, 1 of whom shall be a representative of an organization representing older adults, 2 of whom shall be representatives of community health centers that provide dental health services, 1 of whom shall be a representative of the Boston public health commission, 1 of whom shall be a representative of the CareQuest Institute for Oral Health, Inc., 1 of whom shall be a dean of a Massachusetts school of dental medicine or a designee, 1 of whom shall be a dean of a Massachusetts school of dental hygiene or a designee, 1 of whom shall be representative of The Massachusetts Public Health Association, 1 of whom shall be representative of the Massachusetts Academy of Pediatric Dentistry, 1 of whom shall be representative of hospital that provides dental services to children and 1 of whom shall be representative of a health organization participating in an accountable care payment model. The commission may select additional or replacement members as appropriate and may consult with relevant experts to support the commission's objectives and the production of its report.

(c) The commission shall file its report and recommendations with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on health care financing and the joint committee on public health not later than July 31, 2023. The statewide oral health needs assessment findings and recommendations shall be filed not later than July 31, 2024.

The department of higher education and the department of elementary and secondary education, in consultation with the inclusive concurrent enrollment advisory board, the executive officer of the Council of Presidents of the Massachusetts State University System, the president of the University of Massachusetts and the executive director of the Massachusetts Association of Community Colleges, shall issue regulations to implement section 17 of chapter 71B of the General Laws not later than March 31, 2023.

For the purposes of this section, "no-fault eviction" shall mean a summary process action that results in the termination of a tenancy at will without fault of the tenant pursuant to section 13 of chapter 186 of the General Laws.

The department of housing and community development shall conduct a study on the execution of no-fault evictions from January 1, 2019 to July 31, 2022, inclusive. The study shall include, but not be limited to: (i) a count of families and individuals who were evicted through a no-fault eviction; (ii) an inventory of the rental prices of units before and after the execution of a no-fault eviction; (iii) an analysis of families and individuals who were removed from their rental unit pursuant to a no-fault eviction and who received rental assistance through the rental assistance for families in transition program, the emergency rental assistance program or any other rental assistance program, including any correlation between the receipt of rental assistance and the no-fault evictions; (iv) an examination of no-fault evictions that were executed after the foreclosure of a rental property by a third-party or bank and, to the extent feasible, the rental prices prior to and after the foreclosure; (v) to the extent feasible, a demographic breakdown of those evicted through no-fault evictions including, but not limited to, race, ethnicity, age, gender identity and sexual orientation; and (vi) a geographic breakdown of where no-fault evictions were executed.

The department of housing and community development shall work in collaboration with relevant interest and advocacy groups to complete the study, which may include, but shall not be limited to the Massachusetts Law Reform Institute, Inc., Homes for All Massachusetts, the Massachusetts Coalition for the Homeless, Inc., Lynn United for Change, City Life/Vida Urbana, Springfield No One Leaves, La Colaborativa, Inc. and the Citizens Housing and Planning Association, Inc. The department shall submit a report of its findings to the chairs of the joint committee on housing and post the report on the department's website not later than January 1, 2023. All personally identifiable information shall be redacted from the report.

Notwithstanding any general or special law to the contrary, the secretary of health and human services, in consultation with relevant stakeholders, shall conduct a study on the retention of high-quality direct care staff in health care settings and issue a report on best practices, including recommendations on measures needed to ensure sufficient high-quality direct care staff in the commonwealth. The study shall include, but not be limited to: (i) an examination of current compensation of direct care staff, by job category, including wages and other forms of benefits, and the need, ability and any barriers to increase such compensation; and (ii) recommendations for permissible use standards or other related statutory and regulatory reforms as the secretary deems are warranted.

The secretary shall submit a report on the findings of its study to the clerks of the senate and house of representatives, the joint committee on health care financing and the house and senate committees on ways and means not later than March 15, 2023.

Prior to July 31, 2022, the division of capital asset management and maintenance, in consultation with the University of Massachusetts at Dartmouth, shall execute the purchase option for the facility located on 182 Union street in the city of New Bedford in accordance with terms set forth in the original lease agreement dated February 28, 2000, as extended by a one-year short-term tenancy agreement in fiscal year 2022. The division, in consultation with the inspector general and the University of Massachusetts at Dartmouth, shall examine current capital needs at the facility, including deferred maintenance costs, repairs and upgrades necessary to preserve artist and maker space in the fine arts programming, and renovations to create facilities for design and digital arts programs to compliment the traditional fine arts disciplines. The capital costs shall further enhance the next phase of creative economy connecting downtown arts, commerce and entertainment by integrating modern design and digital arts with traditional fine arts in downtown New Bedford. The division shall submit a report detailing those capital needs to the house and senate committee on ways and means not later than September 1, 2022. No funds from a reserve account, or otherwise, shall be expended by the comptroller to maintain or renovate the facility until such time as the purchase option is executed.

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, for fiscal year 2023, 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 from nongovernmental sources.

Notwithstanding any general or special law to the contrary, and unless modified pursuant to section 4A of chapter 21A of the General Laws or regulations issued pursuant thereto, a certain area of land and waters on the northwesterly side of Lynn harbor as shown as "Designated Port Area Boundary" in the "Designation Decision for the Lynn Designated Port Area" issued by the coastal zone management office dated April 26, 2022 shall be the designated port area for the city of Lynn for all purposes.

Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds for fiscal year 2022 to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall transfer $20,000,000 to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.

Section 16 of chapter 21B of the General Laws, as inserted by section 13, shall be effective on December 31, 2022; provided, however, that entities licensed to operate a quarry in the commonwealth before the effective date of this act that are affected by said section 16 of said chapter 21B shall meet the requirements of said section 16 of said chapter 21B not later than December 31, 2022; provided further, that any work conducted by such an entity prior to December 31, 2022 shall comply with existing regulations.

Not later than January 1, 2023, the secretary of administration and finance shall promulgate regulations for the implementation of section 6.

(a) Notwithstanding any general or special law to the contrary, no voice communication services contract in force on the effective date of this act shall be affected by section 71; provided, that voice communication services shall be free of charge to the person initiating and the person receiving the communication on January 1, 2023; provided further, that other communication services offered pursuant to said section 71, including, but not limited to, video and electronic communication services shall be offered free of charge to the person initiating and the person receiving the communication on January 1, 2023.

(b) Notwithstanding any general or special law to the contrary, upon the expiration of any contract for voice communication services the department of corrections and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible; provided, that not later than July 1, 2023, the department of correction and the sheriffs shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services.

(c) Notwithstanding any general or special law to the contrary any financial incentive received in connection with a voice communication services or other communication services contract, including, but not limited to a commission, shall revert to the General Fund.

(d) Any service, benefit or program for incarcerated people to which commissary commissions were specifically designated in fiscal year 2022 including, but not limited to, the Inmate Benefit Fund, The Law Library and the Central Program Account in the state prison system, shall be funded by the department of correction and the sheriffs at not less than the level of funding in fiscal year 2022.

Notwithstanding any general or special law, rule or regulation to the contrary, as of the effective date of this act the existing faculty and professional staff bargaining units of the board of higher education for the community college segment of the public institutions of higher education listed in section 5 of chapter 15A of the General Laws and the respective collective bargaining agreement for each bargaining unit shall remain in effect with all employer and exclusive representative rights and obligations under chapter 150E of the General Laws remaining in full force and effect. Any party seeking changes thereafter shall follow the processes established pursuant to said chapter 150E.

Notwithstanding any general or special law to the contrary, the comptroller shall transfer $150,000,000 from the General Fund to the Student Opportunity Act Investment Fund, established in section 35RRR of chapter 10 of the General Laws. Said transfer shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller after consulting with the secretary of education, the secretary of administration and finance and the state treasurer.

Notwithstanding any general or special law to the contrary, the comptroller shall transfer $175,000,000 from the General Fund to the High-Quality Early Education & Care Affordability Fund, established in section 2YYYYY of chapter 29 of the General Laws. Said transfer shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller after consulting with the secretary of education, the commissioner of early education and care, the secretary of administration and finance and the state treasurer.

Notwithstanding any general or special law to the contrary, the comptroller may transfer up to $315,000,000 from the General Fund to the Commonwealth Taxpayer Relief Fund, established in section 2ZZZZZ of chapter 29 of the General Laws. Said transfer shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller after consulting with the secretary of administration and finance and the state treasurer.

Notwithstanding any general or special law to the contrary, the comptroller shall, not later than September 1, 2022, transfer $100,000,000 from the General Fund to the Commonwealth's Pension Liability Fund established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws.

Notwithstanding any general or special law to the contrary, the comptroller shall transfer $100,000,000 from the General Fund to the State Retiree Benefits Trust Fund established under section 24 of chapter 32A of the General Laws. Said transfer shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller after consulting with the secretary of administration and finance and the state treasurer.

Section 6 shall take effect on January 1, 2024.

Sections 16, 19, section 2TTTTT of chapter 29 of the General Laws, section 2UUUUU of said chapter 29 and sections 56, 60, 62 and 64 shall take effect on October 1, 2022.

Sections 20, 23, 24, 57, 61, 63 and 159 shall take effect on October 1, 2027; provided, however, that any transfer or payment obligation existing under the second paragraph of section 2AAAAA of chapter 29 of the General Laws, inserted by section 19, or subsection (c) of section 2TTTTT or subsection (c) of section 2UUUUU of said chapter 29, inserted by section 22, as of the effective date of this section shall survive the effectiveness of this section until such transfer or payment obligation is satisfied.

Sections 25 and 66 shall take effect on July 1, 2024.

Section 26 shall take effect on July 1, 2024.

Sections 30 to 32, inclusive, shall take effect for taxable years beginning on or after January 1, 2022.

Sections 69 and 106 shall take effect on April 1, 2023.

Sections 72 shall take effect on July 1, 2023.

Section 133 shall take effect on June 1, 2023.

Section 133 is hereby repealed.

Section 140 shall take effect 1 year after the effective date of this act.

Section 148 shall take effect on January 1, 2023.

Section 193 shall take effect on May 31, 2025.

Except as otherwise specified, this act shall take effect on July 1, 2022.