Section 58 Chapter 29 Funds
Said chapter 29 is hereby further amended by inserting after section 2DDDDDD, added by section 17 of chapter 28 of the acts of 2023, the following 5 sections:-
Section 2EEEEEE. (a) There shall be a Massachusetts Child Psychiatry Access Project Fund which shall be a separate, nonbudgeted special revenue fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.
(b) The secretary shall annually make available amounts from the fund solely for the expenses of the Massachusetts Child Psychiatry Access Project operated by the department of mental health, in an amount equal to the amount described in the definition of "Massachusetts Child Psychiatry Access Project revenue amount" under section 64 of chapter 118E.
(c) To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund.
(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (b), at any point in time, as determined by the secretary, the secretary may transfer the commonwealth's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E or the Managed Care Organization Services Reinvestment Fund established in section 2FFFFFF of chapter 29; provided, however, that no such transfer shall cause a deficit in this fund.
Section 2FFFFFF. (a) There shall be a Managed Care Organization Services Reinvestment Fund which shall be a separate, nonbudgeted revenue fund to be administered by the secretary of health and human services. 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, to make payments to Medicaid managed care organizations, as defined in section 64 of chapter 118E.
(b) Money in the fund shall be expended for Medicaid payments under an approved state plan or federal waiver or for the administration of the assessment established in section 68 of chapter 118E; provided, however, that all Medicaid payments from the fund shall be: (i) subject to the availability of federal financial participation; (ii) made only under federally-approved payment methods; (iii) consistent with federal funding requirements and all applicable federal payment limits as determined by the secretary; and (iv) subject to the terms and conditions of applicable agreements between Medicaid managed care organizations and the executive office of health and human services. To accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary to be transferred, credited or deposited under this section. The secretary shall, to the maximum extent possible, administer the fund to obtain federal financial participation for the expenditures of non-federal money from the fund. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
(c)(1) The secretary shall expend money in the fund, including all amounts credited to the fund, as provided in paragraphs (2) and (3).
(2) The secretary shall annually expend amounts from the fund for payments to Medicaid managed care organizations, as such term is defined in section 64 of chapter 118E, averaging, over a period of 5 years, not less than $246,000,000 per year; provided, however, that such expenditures shall be consistent with all approved federal waivers and state plan provisions.
(3) Notwithstanding the requirements of this section, the secretary shall transfer from the fund to the General Fund $57,000,000 in fiscal year 2025 and $114,000,000 annually thereafter.
(d) If the amount in the fund exceeds the amount sufficient to make the payments described in subsection (c), at any point in time, as determined by the secretary, the secretary may transfer the commonwealth's share of such amount to the General Fund, the Health Safety Net Trust Fund established in said section 66 of said chapter 118E or the Massachusetts Child Psychiatry Access Project Fund established in section 2EEEEEE of chapter 29; provided, however, that no such transfer shall cause a deficit in this fund.
Section 2GGGGGG. (a) There shall be a Reentry Demonstration Project Reinvestment Trust Fund which shall be a separate, nonbudgeted revenue fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) an amount equal to any federal financial participation revenues claimed and received by the commonwealth attributed to the delivery of MassHealth services to individuals in certain public institutions including, but not limited to, state prisons, county jails, houses of correction and the department of youth services' facilities, pursuant to an approved demonstration project under section 1115 of the Social Security Act; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; and (iii) any interest earned on the amounts in the fund.
(b) Money in the fund shall be expended in accordance with an approved demonstration project under section 1115 of the Social Security Act to provide MassHealth services to individuals in certain public institutions including, but not limited to, state prisons, county jails, houses of correction and the department of youth services facilities. The secretary shall, to the maximum extent possible, administer the funds to obtain federal financial participation for the expenditures of nonfederal money from the fund. Amounts credited to the fund shall be expended without further appropriation. Money in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure during the following fiscal year.
(c) The secretary may incur expenses and the comptroller may certify payment amounts in anticipation of expected receipts; provided, however, that no expenditure made from the fund shall cause the fund to be deficient at the close of a fiscal year. 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.
Section 2HHHHHH. (a) There is hereby established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Disaster Relief and Resiliency Fund. There shall be credited to the fund: (i) money appropriated or transferred to the fund; (ii) funds from public or private sources specifically designated for the purposes of this section, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth; (iii) repayment or reimbursement of money advanced from the fund as determined by the secretary of administration and finance; and (iv) all income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended without further appropriation. The unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.
(b)(1) The fund shall be administered by the secretary of administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, who may expend money from the fund to provide emergency disaster relief and alleviate the damage, loss, hardship or suffering caused by a natural or other catastrophic event, including, but not limited to, a hurricane, tornado, storm, extreme rain, flood, tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, extreme wind, extreme heat or cold temperature, explosion, catastrophic agricultural loss, fire or drought, which may include a circumstance in which a federal disaster declaration has not been made, or to supplement or advance funding related to a federal or state disaster declaration.
(2) The secretary, in consultation with the Massachusetts emergency management agency and the climate chief, shall ensure that funds shall be allocated in a manner that enhances the resilience of infrastructure, including, but not limited to, nature-based solutions and strengthening protections from the impacts of future disasters.
(3) The executive office for administration and finance, in consultation with the Massachusetts emergency management agency and, when practicable, the climate chief, shall develop program regulations and guidance for the implementation of the program which shall include, but shall not be limited to, an application process, including, but not be limited to, grant applications and eligibility criteria for the distribution of money from the fund. Program regulations and guidance shall: (i) maximize existing federal and commonwealth disaster relief and recovery programs and requirements; and (ii) prioritize and incentivize utilization of available federal disaster relief and recovery programs, insurance, loss prevention and mitigation and valid legal claims for compensation.
(c)(1) Municipalities and other units and instrumentalities of state, local and regional government, non-profit organizations, businesses and individual residents of the commonwealth shall be eligible to receive funds consistent with regulations or guidance pursuant to paragraph (3) of subsection (b).
(2) Payments may be distributed as reimbursements, loans, grants, matching funds, formula funds, cost share payments, debt forgiveness or as otherwise determined in regulations or guidance pursuant to paragraph (3) of subsection (b).
(d) Annually, not later than December 31, the secretary shall file a report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the chairs of the joint committee on emergency preparedness and management, including: (i) all expenditures from the fund; (ii) the amount of each expenditure; (iii) recipients; (iv) the reason for each expenditure; (v) income received by the fund during that calendar year; (vi) programs developed or supported by the fund, including eligibility criteria for qualifying events and applicants for relief; and (vii) the application approval and submission process.
Section 2IIIIII. (a) For the purposes of this section, the term "disadvantaged community" shall mean a municipality in the commonwealth bearing disproportionate economic, health or environmental burdens as determined by the director of the division of environmental protection within the office of the attorney general, established pursuant to section 11D of chapter 12, including, but not limited to, poverty, high unemployment, air and water pollution, disproportionate heat exposure, lack of access to green space, presence of hazardous and solid waste and material and high incidence of cardiovascular and respiratory disease and high rates of mortality.
(b) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund, known as the Environmental Justice Fund, which shall be administered by the director of the division of environmental protection within the office of the attorney general.
(c) Expenditures may be made from the fund, without further appropriation: (i) for the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution or harm on or at any real property located in a disadvantaged community; (ii) for any project to benefit the community health or well-being, whether to address economic, environmental or other health needs of a disadvantaged community; or (iii) to contribute to an academic or government-funded research project related to environmental protection or conservation of natural resources in a disadvantaged community.
(d) The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public or private sources, including, but not limited to gifts, grants and donations; (iii) payments from settlements, judgments, fines or penalties not designated by law for other specific statutory purposes in any action brought by the attorney general pursuant to section 11D of chapter 12 or any provision of any environmental statute that the attorney general may enforce providing for a civil penalty for a violation of such provision; and (iv) any interest earned on such funds. Funds that remain unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to be in deficit at any point.