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Budget Recommendations
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Outside Section 84
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 Intergovernmental Transfers - Administrative Clarification
SECTION 84.
Section 18 of said chapter 118G, as appearing in the 2002 Official Edition, is hereby amended by striking out subsection (o), and inserting in place thereof the following subsection:-
(o) Within the Uncompensated Care Trust Fund, there shall be established a medical assistance account, administered by the secretary of the executive office of health and human services, consisting of any funds directed to the commonwealth from public entities, and federal reimbursements related to medical assistance payments funded by this account. All amounts credited to this account shall be held in trust and shall be available for expenditure by the secretary of the executive office of health and human services to be used for medical assistance payments to entities authorized by the general court, and for which a public entity has contractually agreed to direct funds to said account; provided, however, that any amount in excess of such medical assistance payments may be credited to the General Fund; provided, further, that the amount of all such expenditures shall be subject to annual approval by the general court. The maximum payments from said account shall not exceed those permissible for federal reimbursement under Title XIX or Title XXI of the Social Security Act or any successor federal statute. The comptroller may make payments, including payments during the accounts payable period, in anticipation of revenues, including receivables due and collectibles during the months of July and August, and shall establish procedures for reconciling overpayments or underpayments from said account; provided, that said procedures shall include, but not be limited to, appropriate mechanisms for refunding public funds directed to this account and federal reimbursements upon recoupment of any such overpayments. The executive office of health and human services shall ensure that the division of health care finance and policy is informed regarding revenue and expenditure activity within said account and submit to the secretary of administration and finance and the house and senate committees on ways and means a schedule of said payments ten days prior to any expenditures, and no funds shall be expended without an enforceable agreement with or legal obligation imposed upon a public entity to make an intergovernmental transfer in an appropriate amount to said account.
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