FY2002 H1 Outside Sections

Fiscal Affairs Division

Outside Sections

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Criminal Justice Training Council Fee

SECTION 4. Chapter 6 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after section 116C the following new section:-
Section 116C½. The criminal justice training council shall charge a fee for training programs operated by the council for all persons who begin training on or after July 1, 2001. The amount of said fee shall be established pursuant to section 3B of chapter 7. Said fee shall be retained and expended by said council subject to annual appropriation.
The trainee, or, if the trainee is a recruit from a municipal police department, the municipality in which the recruit shall serve, shall provide said fee in full to the council no later than the first day of orientation for the program in which a trainee has enrolled. For recruits of municipalities, upon the completion of said program, the municipality shall deduct said fee from said recruit's wages in 19 equal monthly installments, unless otherwise negotiated between said recruit and the municipality in which said recruit shall serve. No trainee shall begin training unless said fee has been provided in full to the council.
If a trainee withdraws from the training program before graduation, said council shall refund the trainee or the municipality in which the recruit was to have served a portion of said fee according to the following schedule: if a trainee withdraws from said program before the start of week two, 75 per cent of said payment shall be refunded; if a trainee withdraws from said program after the start of week two but before the start of week three, 50 per cent of said fee shall be refunded; if a trainee withdraws from said program after the start of week three but before the start of week four, 25 per cent of said fee shall be refunded; and, if a trainee withdraws after the start of week four, the fee shall not be refunded. A recruit who withdraws from the program shall pay said municipality the amount forfeited by said municipality according to said schedule.

Non-Discrimination Policy

SECTION 5. Section 4 of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
The secretary of administration and finance, through the human resource division's office of affirmative action, shall conduct an ongoing review of affirmative action steps taken by various departments, boards, commissions, or institutions, to determine whether such entities are complying with the intent of section 6F of chapter 29. Whenever noncompliance is determined by the secretary through the personnel administrator, the personnel administrator shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular department, board, commission, or institution, to the secretary, to the governor, and to the Massachusetts commission against discrimination.

ITD Project Oversight Authority

SECTION 6. Subsection (d) of section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph thereof, the following new paragraph:-
Any planned information technology development project or purchase by any agency under the authority of the governor for which the total projected cost exceeds $200,000, including the cost of any related hardware, software, or consulting fees, and regardless of fiscal year or source of funds, shall be reviewed and approved by the chief information officer before such agency may obligate funds for such project or purchase. The chief information officer may establish such rules and procedures as he deems necessary to implement the provisions of this paragraph.

Tourism Fund Distribution

SECTION 7. Section 35J of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) 43 per cent for economic development and tourism related activities.
Said section 35J is hereby further amended by striking out, in subsection (c), the following, "; and".
Said section 35J is hereby further amended by striking out subsection (d).

Asbestos Cost Recovery Trust Fund

SECTION 8. Chapter 10 of the General Laws is hereby amended by inserting after section 35U the following new section:-
Section 35V. There shall be established on the books of the commonwealth a separate fund to be known as the Asbestos Cost Recovery Trust Fund. Said fund shall consist of all monies awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgment from Suffolk Superior Court No. 90-3791-A, Commonwealth of Massachusetts v. Owens Corning Fiberglass, et al., and other actions brought to recover damages relating to asbestos-containing materials in buildings owned or operated by the commonwealth, or received as dividend payments by the commonwealth on account of the bankruptcy of any manufacturer, seller, or distributor of asbestos-containing materials. The division of capital asset management and maintenance shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Trust Fund for the purposes of encapsulation, removal of asbestos, and costs related thereto. The plan shall contain provisions for emergencies, the short-term and long-term control of asbestos in buildings owned or operated by the commonwealth, and the removal and disposition of asbestos-containing materials located in such buildings.
Interest earned on the revenues credited to said trust fund shall remain in the fund and be expended consistent with the provisions of this section. Any sums remaining in the Asbestos Cost Recovery Fund, established by section 356 of chapter 159 of the acts of 2000, on June 30, 2001, shall be transferred to the Asbestos Cost Recovery Trust Fund.

No-Interest Loan Trust

SECTION 9. Section 9 of chapter 15A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended, in line 181, by striking out the words "subject to appropriation." Said section 9 is hereby further amended, in lines 189 through 191, by striking out the words "Monies received in repayment shall be retained by the board of higher education for the administration of the program without further appropriation" and inserting in place thereof the following:- Monies received in repayment shall be retained by the board of higher education to provide said no-interest loans, and to provide for the administration of said program; provided, that not more than $775,000 of said monies shall be expended annually for the administration of said program.

Neighborhood Housing Service Loans

SECTION 10. Chapter 23B of the General Laws, as so appearing, is hereby amended by inserting after section 29 the following new section:-
Section 30. Notwithstanding the provisions of section 12 of chapter 490 of the acts of 1980, the department of housing and community development may authorize neighborhood housing services corporations to retain, reassign, and re-loan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program.

Electric Vehicle Insurance

SECTION 11. Section 6 of chapter 25A of the General Laws, as so appearing, is hereby amended by inserting after the word "contracts", in line 18, the following words:- including contracts for the insurance of vehicles in the electric vehicle demonstration program.

Sewer Rate Relief Fund

SECTION 12. Chapter 29 of the General Laws, as so appearing, is hereby amended by striking out section 2Z and inserting in place thereof the following new section:-
Section 2Z. There shall be established upon the books of the commonwealth a separate fund to be known as the Commonwealth Sewer Rate Relief Fund, hereinafter the fund. The fund shall consist of all amounts credited to the fund and any income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and used solely for the purposes of this section. Amounts credited to the fund shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall mean debt issued on or after January 1, 1990, which has a final date of maturity more than five years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design, or construction of any water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 U.S.C. sections 1251 et seq., and sections 26 to 53, inclusive, of chapter 21, or any wastewater collection or transportation project related thereto. Eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants. Notwithstanding any provisions of this section to the contrary, eligible indebtedness shall include indebtedness incurred to finance the metrowest water supply tunnel, so called. Eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter 275 of the acts of 1989 which exceeded $50,000,000 by June 30, 1995, and the debt service attributable thereto for any year for purposes of this section shall be the net obligation borne by the issuer after application of any credits, subsidies, or assistance, however characterized, provided under the provisions of the aforementioned laws. No city, town, district, commission, agency, authority, board, or other instrumentality of the commonwealth or any of its political subdivisions which is responsible for the ownership or operation of wastewater treatment projects and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, in this section called an issuer, shall receive relief authorized by this section in excess of 20 per cent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to distribute funds equitably to eligible issuers, in order to mitigate extraordinary increases in sewer costs. Funds disbursed in any fiscal year shall be disbursed on or before March 31 of the said fiscal year. The board, office, or commission responsible for setting sewer charges in each city, town, district, or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to the provisions of this section shall certify to the division of local services that it has reduced sewer charges to reflect its share of any such aid.

State Building Management Fund - Expansion of Applicable Uses

SECTION 13. Section 2AA of chapter 29 of the General Laws, as so appearing, is hereby amended, in line 6, by striking out the words "and the Chelsea information technology building" and inserting in place thereof the following:- , the Chelsea information technology building, and surplus state properties operated by the division of capital asset management and maintenance.

TANF Fund Split Adjustments

SECTION 14. Section 2KK of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following:- Notwithstanding the percentages established in the fund split, so called, and contained within an item of appropriation, said percentages may be revised by the comptroller in order to maximize federal reimbursement and to meet federal maintenance of effort requirements consistent with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and chapter 5 of the acts of 1995, as amended. Said percentages shall be based upon certification to the comptroller by the department of transitional assistance that they reflect the appropriate distribution of actual expenditures necessary to achieve the said purposes. Said percentages shall be subject to the prior approval of the secretary of administration and finance.

Child Care Fund Split Adjustments

SECTION 15. Section 2LL of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence thereof the following:- Notwithstanding the percentages established in the fund split, so called, and contained within an item of appropriation, said percentages may be revised by the comptroller in order to maximize federal reimbursement and to meet federal maintenance of effort requirements. Said percentages shall be based upon certification to the comptroller by the office of child care services that they reflect the appropriate distribution of actual expenditures necessary to achieve the said purposes. Said percentages shall be subject to the prior approval of the secretary of administration and finance.

Social Services Fund Split Adjustments

SECTION 16. Section 2MM of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence thereof, the following:- Notwithstanding the percentages established in the fund split, so called, and contained within an item of appropriation, said percentages may be revised by the comptroller in order to maximize federal reimbursement and to meet federal maintenance of effort requirements. Said percentages shall be based upon certification to the comptroller by the department of social services that they reflect the appropriate distribution of actual expenditures necessary to achieve the said purposes. Said percentages shall be subject to the prior approval of the secretary of administration and finance.

Civil Monetary Penalties Fund

SECTION 17. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2ZZ the following section:-
Section 2AAA. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance and the department of public health shall deposit all monies collected as civil monetary penalties from nursing homes participating in the Medicaid program authorized by Title XIX of the Social Security Act into a separate expendable trust fund which shall be designated and known as the Commonwealth of Massachusetts Civil Monetary Penalties Fund. Monies collected as civil monetary penalties from nursing homes shall include both monies collected from Medicaid-only facilities, known as nursing facilities, and the commonwealth portion of funds collected from dually participating facilities, known as skilled nursing facilities or nursing facilities, for noncompliance with sections 1919(b), 1919(c), and 1919(d) of the Social Security Act and monies collected from individuals pursuant to sections 1919(b)(3)(B)(ii)(I), 1919(b)(3)(B)(ii)(II), and 1919(g)(2)(A)(i) of the Social Security Act. The department may expend monies from this fund without further appropriation in accordance with the provisions of this section. The department shall administer the fund in accordance with law including, without limitation, section 1919(h)(2)(A)(ii) of the Social Security Act. The department shall expend monies in the fund for measures to protect the health and property of nursing home residents in nursing home facilities found by the department or the secretary of health and human services to be deficient including, without limitation, the following: (i) nursing facility staff training and education; (ii) technical assistance for troubled facilities; (iii) dissemination of best practice models for quality of care issues, such as malnutrition and dehydration; (iv) state operation of facilities pending correction of deficiencies or closure; (v) reimbursement of facility residents for lost personal funds or property; and (vi) costs of relocating residents from one facility to another.

Consensus Revenue Estimate

SECTION 18. Section 5B of chapter 29 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 49, the words "May fifteenth" and inserting in place thereof the following words:- March fifteenth.

Non-Discrimination Policy

SECTION 19. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 6E the following new section:-
Section 6F. All appropriations contained in the fiscal year operating budget, including supplementary and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of non-discrimination and equal employment and contracting opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any department, board, commission, or institution of the commonwealth receiving monies under any such budget shall take affirmative steps to ensure equality of opportunity in employment and contracting in all aspects of state government. Each department, board, commission, or institution, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal employment opportunity in the areas of hiring, promotion, demotion, transfer, recruitment, layoff, termination, rates of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. Each department, board, commission, or institution, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in all aspects of state contracting. Such affirmative action program shall include efforts required to remedy the effects of present and past discriminatory patterns and practices, and any action necessary to guarantee equal opportunity for members of minority groups, women, and handicapped persons.

Entitlement Disclaimer

SECTION 20. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 6F, as inserted by section 20, the following new section:-
Section 6G. No section or item of appropriation, nor any portion thereof, set forth in any appropriation bill is intended to give and shall not be construed as giving rise to any enforceable right or entitlement, not otherwise provided by state regulation or general or special law.

Revenue Optimization Program

SECTION 21. Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 29 I the following new section:-
Section 29J. Notwithstanding the provisions of any general or special law to the contrary, except for sections 52 to 55, inclusive, of chapter 7 of the General Laws, the commissioner of administration shall in each fiscal year identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth.
For the purposes of this section, "department" or "participating department" shall refer to any department, agency, board, commission, office, or institution under the executive control of the governor or other constitutional officer and determined by the commissioner to be participating in the revenue optimization projects authorized by this section; allocations to participating departments for the successful implementation of revenue optimizing projects, as determined by the commissioner, shall be known as "department incentive payments"; payments to private vendors for services in identifying and pursuing projects to optimize revenue shall be known as "vendor participation payments"; and non-tax revenue collected pursuant to this section, net of department incentive payments, vendor participation payments, and other charges directed to the Maximization Fund established by section 2R, shall be known as "net additional revenue."
The commissioner or his designee is authorized to contract with private vendors and to enter into interdepartmental service agreements to identify and pursue said projects. Private vendors shall be compensated from the non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project.
Departments shall be awarded department incentive payments pursuant to this section only if both (1) the collection of a fee or any other non-tax revenue during the fiscal year is greater than the amount of revenue collected from said fee or other non-tax revenue during the preceding year, the base period, so called, and (2) the total non-tax revenue collected by such department in the fiscal year is in excess of the amounts projected for each department in section 1B of the general appropriation act of the fiscal year, or alternatively in excess of the most recent revenue estimate, should there be one, from the fiscal affairs division. Revenues that are attributable to a new fee or a newly reimbursable service or clientele shall be considered to have base period revenue of zero.
The comptroller shall deposit in the Maximization Fund all revenue pursuant to the provisions of this section and may allocate from said fund without further appropriation at the direction of the commissioner, department incentive awards to participating departments an amount not to exceed 20 per cent of total net additional revenue. Seventy-five per cent of said allocations shall be distributed to participating departments in proportion to the revenue collected by each individual department as a per cent of the total revenue collected under the provisions of this section. The remaining 25 per cent shall be distributed to participating departments at the discretion of the commissioner, regardless of the amount of revenues collected by the individual departments. The comptroller shall transfer to the General Fund at the close of the fiscal year any balance remaining in the Maximization Fund after providing for said allocations to participating departments, vendor participation payments, and other charges to said Maximization Fund; provided, however, that no expenditure shall be made from said Maximization Fund that would cause said fund to be in deficit at the close of the fiscal year.
Departments may expend department incentive payments without further appropriation after obtaining the written approval of the commissioner or his designee of a plan detailing proposed expenditures, allocations, and reallocations provided that approved plans must be filed with the house and senate committees on ways and means not less than ten days in advance of any such allocation or reallocation. All expenditures made pursuant to the provisions of this section shall be for one-time expenses that shall not recur in the current or a subsequent fiscal year, and shall not be used to supplant purposes authorized in any other item of appropriation in the general appropriations act, or appropriated in any supplemental appropriation act enacted in the current or a subsequent fiscal year. Any unexpended balance from said allocations at the end of each fiscal year shall, at the discretion of the commissioner or his designee, revert to the General Fund except to the extent that said approved spending plan includes multi-year expenditures.
The comptroller and the commissioner shall report, not later than January 31 of each year, to the house and senate committees on ways and means on the status of the revenue optimization projects authorized by this section for the six-month period ending the preceding month. Said report shall detail, by vendor, project, and department, the amount of vendor participation payments, the net additional revenue retained by the commonwealth, the amounts allocated or reallocated to each participating department, and the estimated receipts, payments, and allocations for the fiscal year.
The comptroller and the commissioner shall report to the house and senate committees on ways and means, not later than September 30 of each year, the preceding detailed information for the fiscal year just ended, and include a plan detailing, by executive office and department, the net additional revenue estimated to be collected in the fiscal year under the provisions of this section.

Cost Avoidance Projects

SECTION 22. Chapter 29 of the General Laws is hereby amended by inserting after section 29J the following new section:-
Section 29K. The comptroller may enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interdepartmental service agreements with state agencies, as applicable, for said purpose; provided, however, that payments to private vendors on account of said cost avoidance projects shall be made only from such actual cost savings as have been certified in writing to the house and senate committees on ways and means by the comptroller and the budget director as attributable to said cost avoidance projects. The comptroller may establish such procedures, in consultation with the budget director and the affected departments, as he deems appropriate and necessary to accomplish the purpose of this section; provided, however, that nothing herein shall be construed to allow the comptroller or the budget director to establish any accounts without prior statutory approval. The budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance projects which are undertaken pursuant to the provisions of this section. The comptroller shall report on said projects as a part of his annual report pursuant to section 12 of chapter 7A.

Local Aid Census Data

SECTION 23. Section 18C of chapter 58 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding after subsection (3) the following new subsection:-
(4) Notwithstanding the provisions of clause Forty-first of section 7 of chapter 4 or any other general or special law to the contrary, the commissioner of revenue or any official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to the provisions of section 25A of chapter 58 shall use, as appropriate, the most recent city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under said local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the chapter 70 school aid program, so called, and aid to regional public libraries. Such assessments shall include, but not be limited to, air pollution control districts, the metropolitan area planning council, the old colony planning council, the Massachusetts Bay Transportation Authority, and any other entity for which said commissioner is required to give notice pursuant to said section 25A.

Advance Local Payments

SECTION 24. Section 25A of chapter 58 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following new paragraph:-
The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district, or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.

Veterans' Services Training Programs

SECTION 25. Chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after section 2A the following new section:-
Section 2B. The commissioner of veterans' services may establish a training program for veterans' agents and directors of veterans' services in cities and towns of the commonwealth. The purpose of said program shall be to maximize federal assistance available for veterans and to ensure that said agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal, and local benefits to which they are entitled. The subject matter of said program shall include, but not be limited to, benefits available under this chapter, and those which are partially or wholly subsidized by the federal government such as Medicaid, Supplemental Security Income, and Social Security Disability benefits, as well as federal pension and compensation entitlements. The commissioner shall promulgate regulations for said program. Upon successful completion of said program by said agents and directors, allowable costs of said training program incurred by the several cities and towns shall be reimbursed by the commonwealth on or before November 10 in the fiscal year following the fiscal year in which such costs were paid.

Urban Revitalization and Development Grants

SECTION 26. Section 57 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out clause (d) and inserting in place thereof the following clause:-
(d) The total amount of urban revitalization and development grants to be paid under the provisions of this section shall not exceed $3,200,000 in any one fiscal year or a total of $60,000,000 in the aggregate, including amounts authorized by the department to be advanced for the estimated expenses as provided in the first paragraph.

Mosquito and Greenhead Fly Control Fund

SECTION 27. Section 5A of chapter 252 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the word "appropriated" and inserting in place thereof the following words:- determined by the board to be necessary.
Said section 5A is hereby further amended by inserting at the end thereof the following:- Notwithstanding the provisions of any general or special law to the contrary, expenditures and other financial uses charged to said fund shall not be subject to appropriation, and shall include salaries and other costs of state employees, operational expenses, acquisition of capital equipment and property, and other expenses deemed necessary to the state reclamation board's successful operation as determined by the director of said board. Revenue and other financial sources credited to said fund shall include funds made available pursuant to this chapter, and interest income from investments made by the treasurer on behalf of the fund. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, notwithstanding the provisions of any general or special law to the contrary, the board may incur expenses and the comptroller may certify for payment amounts in anticipation of receipts. The board shall annually certify to the comptroller that expenditures for the fiscal year do not exceed related assessments.

Labor Shortage Fund

SECTION 28. The Labor Shortage Fund, established in item 4600-1500 of section 2 of chapter 164 of the acts of 1988, is hereby repealed. The balance remaining in said fund shall be transferred to the General Fund for the purposes of the certified nurses' assistants scholarship program provided for in item 7070-0065 of section 2.

Capital Needs Investment Trust Fund

SECTION 29. Section 357 of chapter 159 of the acts of 2000 is hereby repealed.

Affordable Housing Trust Fund

SECTION 30. The comptroller shall transfer annually, without further appropriation, $20,000,000 at the beginning of fiscal years 2002, 2003, 2004, and 2005 to the Affordable Housing Trust Fund, established by chapter 121D of the General Laws.

Initial Gross Payment to Qualifying Acute Care Hospitals

SECTION 31. The comptroller shall transfer $30,000,000 from the General Fund to the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws, for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2001. Said payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to said fund. The comptroller shall transfer from said fund to the General Fund not later than June 30, 2002, the amount of the transfer authorized herein and any allocation thereof as certified by the commissioner of the division of health care finance and policy.

FFP for the Uncompensated Care Trust Fund

SECTION 32. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance, herein after referred to as the division, and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with the requirements of Title XIX of the federal Social Security Act, for free care costs of such hospitals. Such appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws. Such appropriate action shall include the establishment or renewal of an interdepartmental service agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund established by section 18 of said chapter 118G, or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G or funds otherwise made available to said trust fund by the general court, to the division for the purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under such interdepartmental service agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care trust fund as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G. Any federal funds obtained as a result of actions pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection, and expenditure of funds pursuant to this section.

Disproportionate Share Hospitals FFP for DMH/DPH Facilities

SECTION 33. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the department of public health, the division of medical assistance, and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low-income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with the requirements of Title XIX of the federal Social Security Act. Such appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund established by section 18 of chapter 118G of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health and public health facilities pursuant to relevant division of health care finance and policy regulations and the related Title XIX state plan amendment submitted by the division of medical assistance to the federal Health Care Financing Administration. The division of medical assistance, the department of public health, and the department of mental health may expend amounts transferred to them from such separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds received as a result of actions taken pursuant to this section shall be deposited in the General Fund. The state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to expedite the proper accounting and expenditure of funds pursuant to this section.

Children's and Seniors' Health Care Assistance Fund

SECTION 34. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer, without further appropriation, not later than June 30, 2002, $36,952,082 from the General Fund to the Children's and Seniors' Health Care Assistance Fund established by section 2FF of chapter 29 of the General Laws.

Intergovernmental Transfer to Disproportionate Share Hospitals

SECTION 35. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend $32,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for certain acute care hospitals for the intergovernmental funds transfer component of disproportionate share payments and service rate payments as established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Medicaid state plan, and the terms and conditions of agreements reached with the division for such transfer payments. No funds shall be expended unless the acute care hospital has executed the division of medical assistance's current acute hospital request for applications and contract, and a public entity is legally obligated to make an intergovernmental funds transfer to the division for deposit into said medical assistance intergovernmental transfer account in an amount specified in an agreement with such entity which shall not be less than 50 per cent of the amounts of said disproportionate share and service rate payments. All revenues generated pursuant to the provisions of this section shall be credited to said medical assistance intergovernmental transfer account.

Intergovernmental Transfer to University of Massachusetts-Affiliated Hospitals

SECTION 36. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance may expend, subject to federal approval, from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund up to $65,000,000 for the intergovernmental funds transfer component of Medicaid payments to the University of Massachusetts memorial hospital for hospital services provided pursuant to the terms and conditions of the contract between the division and said hospital. In order to receive payment, said hospital must have executed the division of medical assistance's current acute hospital request for applications and contract. Said medical assistance intergovernmental transfer account shall be reimbursed by the University of Massachusetts medical school an amount specified in the contract which amount shall be not less than 50 per cent of the division of medical assistance's expenditure pursuant to this section. The division of medial assistance may make this expenditure on or before September 30, 2002. Not later than 60 days after such expenditure, the University of Massachusetts medical school shall submit to the secretary of administration and finance and the house and senate committees on ways and means a report detailing the programs funded from revenue associated with this section.

Intergovernmental Transfer for MassHealth Managed Care Contracts

SECTION 37. Notwithstanding the provisions of any general or special law to the contrary, during fiscal year 2002 and including the accounts payable period for said fiscal year, the division of medical assistance may expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $275,000,000 for a program of MassHealth supplemental payments, so called, to certain publicly-operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers as established in accordance with Title XIX of the federal Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law, and the Medicaid state plan. Such funds may be expended only for payment obligations arising during fiscal year 2002. Such expenditures shall reduce payments from the uncompensated care trust fund, established pursuant to the provisions of section 18 of chapter 118G of the General Laws, to such entities by an amount comparable to the net revenues received by such entities under this section. Said division shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement. Amounts so authorized for expenditure by this section shall be funded in part through intergovernmental transfers to the commonwealth of municipal or other non-federal public funds. The Boston public health commission and the Cambridge public health commission shall transfer to said medical assistance intergovernmental transfer account not less than one-half of the gross amounts of supplemental payments, so called, made by the division under managed care contracts with said commissions.

Funding for Health Care Reform from the Uncompensated Care Pool

SECTION 38. Notwithstanding the provisions of subsection (c) of section 18 of chapter 118G of the General Laws or any other general or special law to the contrary, in fiscal year 2002, all expenditures for the insurance reimbursement program established pursuant to section 9C of chapter 118E of the General Laws shall be made from the Children's and Seniors' Health Care Assistance Fund established pursuant to section 2FF of chapter 29 of the General Laws. The comptroller shall transfer $99,000,000 from the Uncompensated Care Trust Fund established by section 18 of chapter 118G to said Children's and Seniors' Health Care Assistance Fund. The transfer shall be made in monthly installments of not more than one-twelfth of the total amount approved for transfer herein. Federal funds received pursuant to such expenditures shall be deposited in said Children's and Seniors' Health Care Assistance Fund.

Mental Health Services Program for Youth

SECTION 39. Notwithstanding any general or special law to the contrary, the division of medical assistance may enter into specialized agreements with particular school districts for the purpose of receiving payment from those school districts for services delivered to those school districts' students through the division's contracted vendor for the Massachusetts mental health services program for youth (MHSPY) pilot. The division may spend any funds received from the contracted vendor, including funds reimbursing capitation payments funded by the department of education, the department of mental health, the department of social services, and the department of youth services, to cover MHSPY program deficiencies in any fiscal year, regardless of the year that the division receives such funds, including but not limited to fiscal years 1999, 2000, and 2001.

Massachusetts Clean Elections Trust

SECTION 40. There shall be established and set up on the books of the commonwealth a separate trust to be known as the Massachusetts Clean Elections Trust, for advance funding of the requirements established pursuant to chapter 55A of the General Laws for public financing of elections for constitutional officers, councilors, and members of the general court. Notwithstanding the provisions of any general or special law to the contrary, not later than 10 days after the enactment of this act the comptroller shall transfer $7,200,000 from the Tax Reduction Fund and $2,800,000 from the General Fund to the Massachusetts Clean Elections Trust.

DHCD Income Verification

SECTION 41. Notwithstanding the provisions of any general or special law, rule, or regulation to the contrary, the department of housing and community development may conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9002, 7004-9004, 7004-9005, 7004-9009, 7004-9030, 7004-9011, 7004-9014, 7004-9019, 7004-9020, and 7004-9024 of section 2; provided, however, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility. Said department is hereby authorized to deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a social security number for use in verification of income eligibility. Said department also may consult with the department of revenue, the department of transitional assistance, and any other state or federal agency which it deems necessary to conduct such income verification; provided, however, that notwithstanding the provisions of any general or special law to the contrary, such state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid. For the purposes of conducting such income verification, the director of housing and community development may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households.

State Reclamation Board Indirect Cost Assessment

SECTION 42. Notwithstanding the provisions of any general or special law to the contrary, the Mosquito and Greenhead Fly Fund, including any expenditure accounts associated with said fund, shall not be subject to indirect cost assessments by the comptroller pursuant to subsection (f) of section 6B of chapter 29 of the General Laws.

Effective Date

SECTION 43. Except as otherwise provided, the provisions of this act shall take effect on July 1, 2001.

Executive Office for Administration and Finance

Fiscal Affairs Division
State House, Room 272
Boston, MA 02133
(617) 727-2081

Last updated on January 17, 2001