Legislation Progress 

This legislation was signed into law (in part) on February 17, 2012 

Read the final version of the legislation.

Legislation as filed 

Please note: Below you will find the legislation as filed by Governor Patrick. After being filed, bills are sent to the Massachusetts legislature where they may be amended or altered.

Text of Filing Letter

January 25, 2012

To the Honorable Senate and House of Representatives:

I am filing for your consideration a bill entitled “An Act Making Appropriations for the Fiscal Year 2012 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.”

Consistent with our previously planned expenditures for fiscal year 2012, the legislation I am filing includes supplemental funding requests of $251.1 million ($114.6 million after accounting for offsetting revenue) to fund obligations including:

  • $187 million ($82 million net) for payments to safety net hospitals in the Commonwealth to transition to delivery system reform, made possible by successful waiver negotiations with the federal Centers for Medicaid and Medicare.
  • $32 million ($0 net) for premium costs associated with new municipalities joining the Group Insurance Commission, which will be paid from revenues received from those municipalities.
  • $11.7 million for the Department of Transitional Assistance’s payments for Supplemental Security Income (SSI).
  • $10.2 million to support the ongoing costs at the Fernald Developmental Center in Waltham.
  • $9 million for employment opportunities and summer jobs for low-income youths in the Commonwealth.
  • $960K for tuition and fee waivers for National Guard members.
  • $85K for costs related to studying municipal retiree health care.
  • $22K for 2012 costs related to ratified collective bargaining agreements.

The above fiscal year 2012 items are quite time-sensitive.  Accordingly, I especially request their prompt enactment.  In addition, other proposals included in this legislation will allow initiatives to begin in fiscal year 2012 and achieve full-year savings in fiscal year 2013, including:

  • Authorization for the Commissioner of Correction to close the Bay State Correctional Center.
  • Authorization for the Department of Correction to re-negotiate food service, healthcare and commissary contracts.
  • A provision increasing the incidental purchase level for which a procurement is not required from $5,000 to $10,000.  This provision creates more flexibility for small, lower risk purchases and provides more opportunities for small, minority and women-owned businesses to conduct business with the state without undergoing an extensive procurement process.
  • A section establishing a Social Innovation Financing Trust and allowing the A&F Secretary to enter into “pay for success” contracts.
  • A provision prohibiting compensation for local housing authority board members.
  • Transferability among MassHealth line items in order to mitigate deficiencies in some accounts with surpluses in others.
  • Authorization for the Department of Public Utilities to assess utility company shareholders for the cost of investigating storm responses.
  • Various technical amendments to earlier laws.

This bill also includes several provisions designed to help municipalities save money by:

  • Allowing for an additional enrollment period for municipalities wishing to join the GIC.
  • Authorization for municipalities to post municipal procurement notices online to save costs.

Sufficient revenues are estimated to be available to finance these appropriations.  I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

Deval L. Patrick
Governor
 

Text of Legislation

MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2012 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2012 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2012, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.  Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2010.

            

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Group Insurance Commission

1108-5200  .................................................................................................................... $32,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Transitional Assistance

4405-2000  .................................................................................................................... $11,720,732

Department of Developmental Services

5930-1000  .................................................................................................................... $10,232,477

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7002-0012  ...................................................................................................................... $9,000,000

                                                                                                         

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-1150  ......................................................................................................................... $960,040

 

SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

 

1599-4278  For a reserve to meet the fiscal year 2012 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Coalition for Public Safety Unit 5, at the alcoholic beverages control commission..................................................................................$9,848

 

1599-4303  For a reserve to meet the fiscal year 2012 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Barnstable county sheriff’s department and the American Federation of State, County and Municipal Employees, Local 1462C, AFL /AFL-CIO, Council 93, Local 1462C.......................................................................................$12,689

 

1599-7050  For a reserve to evaluate the retiree health care cost valuation of cities and towns in the Commonwealth; provided, that funds from this items may be used by the public employee retirement administration commission in agreement with section 57 of chapter 68 of the acts of 2011.........................................................................................$90,000

 

EXECUTIVE OFFICE OF EDUCATION

Department of Higher Education

7077-0024  For a contract with the Cummings School of Veterinary Medicine at Tufts University; provided, that funds appropriated in this item shall be expended for workforce training support targeted to specific skills required within the life sciences sector............................................................. $210,000

 

SECTION 2E. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2012. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2012. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.

 

OFFICE OF THE STATE COMPTROLLER

Office of the State Comptroller

1595-1067 For an operating transfer to the Delivery System Transformation Initiatives Trust Fund established in section 35WW of chapter 10 of the General Laws; provided, that these funds shall be expended pursuant to the Delivery System Transformation Initiative Master Plan and hospital-specific plans approved in the MassHealth section 1115 demonstration for fiscal year 2012; provided further, that all payments from the Delivery System Transformation Initiatives Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services and shall be subject to the terms and conditions of an agreement with the executive office of health and human services; and provided further, that the secretary of health and human services shall make payments of up to $44,853,333 from the Delivery System Transformation Initiatives Fund to the Cambridge Public Health Commission for fiscal year 2012 only after the Cambridge Public Health Commission transfers up to $22,426,667 of its funds to the Delivery System Transformation Initiatives Trust Fund using a federally permissible source of funds which shall fully satisfy the non-federal share of such payment.............................$186,907,667

 

Section 3 - Sex Offender Registry Board

SECTION  3. (A) Section 178H of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection:- 

(c) Copies of records created by the sex offender registry board which are certified and attested to by the chairperson of the board or the chairperson's designee shall be admissible in the prosecution of these offenses as self-authenticating evidence in any court of the commonwealth to prove the facts contained in the records.

 

(B) Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in lines 7 to 10, the words "psychologists or psychiatrists with special expertise in the assessment and evaluation of sex offenders and who have knowledge of the forensic mental health system; at least one licensed psychologist or psychiatrist  " and inserting in place thereof the following words:- mental health professionals with special expertise in the assessment and evaluation of sex offenders and who have knowledge of the forensic mental health system; at least one licensed mental health professional .

 (C) Section 178L of said chapter 6,  as so appearing, is hereby amended by striking out, in line 9, the words "psychologist or psychiatrist" and inserting in place thereof the following words:- mental health professional.

 

Section 4 - AmeriCorps Trust Fund

SECTION 4.  Chapter 6 of the General Laws is hereby amended by inserting after section 208 the following section:-

Section 208A.

(a) There shall be an Office for Refugees and Immigrants Trust, in this section called the trust, to be administered by the executive director of the office for refugees and immigrants, in this section called the director.

 

(b)  The director shall appoint the fund's trustee, who shall serve until a successor is appointed.

 

(c) There shall be credited to the trust grants, bequests, gifts or contributions of cash or securities, and contributions of services or property in kind from any persons, or other governmental, non-governmental, quasi-governmental or local governmental entities made for the purpose of supporting the office for refugees and immigrants.

 

(d)  Expenditures from the trust shall not be subject to appropriation, and balances remaining at the end of a fiscal year shall not revert to the General Fund.  Expenditures from the trust shall be made only for the following purposes:

(1)  operating costs of the office for refugees and immigrants, including the divisions and programs within the office;

(2)  costs related to carrying out the powers of the office, as set forth in section 207; and

(3)  costs associated with refugee and immigrant related programs, grants and initiatives of the director.

 

(e)  For the purpose of accommodating timing discrepancies between the trust's receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts based on estimated receipts as certified by the trustee.  The trustee shall insure that no expenditures from the trust shall cause the trust to be in deficiency at the close of a fiscal year.

 

Section 5 - Amendment to EOE’s Enabling Statute

SECTION  5. (A) Section 14A of chapter 6A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 28, the word "and".

(B) Said section 14A of said chapter 6A is hereby further amended by inserting after the word “boards”, in line 32, the following words:-

and (7) manage all information technology resources within the departments listed in subsection (a), including, but not limited to, all resources necessary to implement a longitudinal data system to coordinate the collection and analysis of educational data from pre-kindergarten programs through higher education, and oversee the departments' compliance with all standards and policies of the information technology division.

 

Section 6 - Authorizing ITD to Provide Services to other States

SECTION 6. The first paragraph of subsection (d) of section 4A of chapter 7 of the General Laws, as amended by section 11 of chapter 68 of the acts of 2011, is hereby further amended by striking out, in the fifth sentence, the words “and other political subdivisions of the commonwealth” and inserting in place thereof the following words:-  other political subdivisions of the commonwealth and other states of the United States where the provision of these services to other states will decrease the costs or improve the efficiency of the services provided by the information technology division to the commonwealth. 

 

Section 7 - Increased Incidental Purchase Level

SECTION 7.  Section 22 of said chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 20, the figure "$5,000" and inserting in place thereof the following figure:- $10,000.

 

Section 8 - Accident Recovery Trust Fund, Money Follows the Person Trust Fund, Delivery Service Transformation Initiative (DSTI) Trust Fund, Social Innovation Financing Trust Fund

SECTION 8. Chapter 10 of the General Laws is hereby amended by inserting after section 35TT the following 4 sections:-

Section 35UU. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Accident Recovery Trust Fund to be used, without further appropriation, to repair parkways and facilities under the control of the department of conservation and recreation that have been damaged by an individual or group. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years.  No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall work directly with insurance companies and individuals and groups responsible for damage to recoup damage costs. Reimbursements collected under this section for damages to property shall be deposited in the Accident Recovery Trust Fund.

 

Section 35VV.  There shall be established and set up on the books of the commonwealth a separate fund to be known as the Money Follows the Person (MFP) Rebalancing Demonstration Grant Trust Fund, which shall be administered by the secretary of health and human services. Funds from the trust fund shall be used for expenses that primarily benefit individuals who have a disability or long-term illness, or who are elders.  The comptroller shall  credit to the trust fund an amount equal to the amount of Money Follows the Person (MFP) -enhanced federal financial participation received by the commonwealth on MFP qualified, demonstration, or supplemental services under the terms and conditions of the Money Follows the Person Rebalancing Demonstration as determined by a federally-approved list of home and community based long-term services and supports (LTSS), and federally-approved allocation methodologies for home and community based LTSS purchased through capitated arrangements. These funds shall be used to fund slots for MFP participants in the 2 new MFP Home and Community-Based Waiver programs established to support the state's rebalancing initiative. The secretary may authorize expenditures of amounts from the trust fund without further appropriation. The comptroller shall transfer to the trust fund no later than the tenth business day of each quarter, an amount equal to the amount of enhanced federal financial participation collected from the previous quarter. The secretary may certify for payment amounts in anticipation of federal revenues collected for the corresponding quarter during the previous fiscal year. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the secretary may incur expenses, after written approval from the secretary of administration and finance, 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

 

Section 35WW. There shall be established on the books of the commonwealth the Delivery System Transformation Initiatives Trust Fund, which shall be administered by the secretary of health and human services. Funds from the trust fund may be expended for delivery system transformation initiatives payments to qualifying providers under an approved federal waiver. Amounts credited to the trust fund shall not be subject to further appropriation.

 

Section 35XX. (a)  There shall be established and set up upon the books of the commonwealth a trust to be known as the Social Innovation Financing Trust Fund, in this section called the trust, for the purpose of funding contracts to improve outcomes and lower costs for contracted government services, in this section called pay for success contracts, subject to the requirements of subsection (b).   

 

(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in this section called the secretary, may enter into pay for success contracts. Each contract shall include: (1) a requirement that a substantial portion of the payment be conditioned on the achievement of specific outcomes based on defined performance targets; (2) an objective process by which an independent evaluator will determine whether the performance targets have been achieved; (3) a calculation of the amount and timing of payments that would be earned by the service provider during each year of the agreement if performance targets are achieved as determined by the independent evaluator; (4) a sinking fund requirement under which the secretary shall request an appropriation for each fiscal year that the contract is in effect, in an amount equal to the expected payments that the commonwealth would ultimately be obligated to pay in the future based upon service provided during that fiscal year, if performance targets were achieved; and (5) a  determination by the secretary that the contract will result in significant performance improvements and budgetary savings across all impacted agencies if the performance targets are achieved. 

 

(c) The secretary, in his discretion, may provide that payments in future years under such contracts shall constitute a general obligation of the commonwealth for which the full faith and credit of the commonwealth shall be pledged for the benefit of the provider or providers of the contracted government services, but the total amount of payments under such contracts secured by such a pledge of the full faith and credit of the commonwealth shall not in the aggregate exceed $50,000,000.

 

(d) The secretary shall be the trustee of the trust, shall administer the trust and shall ensure that all funds appropriated as described above are deposited in the trust and shall make payments from the trust in accordance with the terms and conditions of the contracts, without further appropriation.  The secretary shall provide a status report on all contracts no later than February 1 of each year to the house and senate committees on ways and means.

 

Section 9 - DPS Civil Fines

SECTION 9.  Subsection (a) of section 21 of chapter 22 of the General Laws, as inserted by section 35 of chapter 68 of the acts of 2011, is hereby amended by inserting after the words “80, inclusive”, in clause (7), the following words:- section 84.

 

Section 10 - DPU Storm Trust Fund

SECTION 10. (A) Chapter 25 of the General Laws is hereby amended by inserting after section 12O the following section:-

Section 12P. There shall be established upon the books of the commonwealth a separate fund to be known as the Department of Public Utilities Storm Trust Fund. There shall be credited to this fund all amounts collected under the third paragraph of section 18 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 shall be available for expenditure, without further appropriation, by the department of public utilities, for activities of the department in investigating the preparation for and responses to storm and other emergency events by the electric companies.  Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall be available for expenditure in the following fiscal year.

 

(B) Section 18 of said chapter 25 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

For the purpose of providing the department with additional operating funds for activities of the department in investigating the preparation for and responses to storm and other emergency events by the electric companies doing business in the commonwealth, the commission may make a separate assessment proportionally against each electric company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of such companies derived from sales within the commonwealth of electric service, as shown in the annual report of each of such companies to the department. This assessment shall be made at a rate that shall be determined and certified annually by the commission as sufficient to produce an annual amount of not less than $460,000, commencing in fiscal year 2012, plus the costs of fringe benefits and indirect costs as established by the commissioner of administration under section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave. The amount of the assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Notwithstanding any other provision to the contrary, no electric company shall be entitled to seek recovery of any assessments made under this paragraph in any rate proceeding before the department. Each company shall pay the amount assessed against it within 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department, and credited to the Department of Public Utilities Storm Trust Fund established by section 12P.

 

Section 11 - State Use of Owner Controlled Insurance Programs

SECTION 11. Chapter 30 of the General Laws is hereby amended by inserting after section 39S the following section:-

Section 39T. Notwithstanding  section 8 of chapter 268A, the following agencies and authorities may  implement competitively procured owner controlled insurance programs, and  may permit the use of contractor controlled insurance programs, on projects having estimated construction costs equal to or greater than  $50,000,000:  the division of capital asset management and maintenance, the department of transportation, the Massachusetts Port Authority, the Massachusetts Water Resources Authority, the Massachusetts State Colleges Building Authority, and the University of Massachusetts Building Authority.

 

Section 12 - Online Municipal Procurement Notices

SECTION 12. Section 5 of chapter 30B, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "body", in line 32, the following words:- or, in the alternative, on a public internet web site of either the governmental body or the commonwealth.

 

Section 13 - Deadlines for Municipal Enrollment in GIC

SECTION 13. (A) Section 19 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out, in lines 165 to 167, the words “not later than December 1 of each year and the transfer of subscribers to the commission shall take effect on the following July 1” and inserting in place thereof the following words:-  on or before December  1 of each year for transfer of subscribers to the commission effective the following July 1, or on or before July 1 of each year for transfer of subscribers to the commission effective the following January 1.

 

(B) Subsection (a) of section 23 of said chapter 32B, as inserted by section 3 of chapter 69 of the acts of 2011, is hereby amended by striking out, in the second sentence, the words “and the transfer of subscribers to the commission shall take effect on the following July 1” and inserting in place thereof the following words:-  for transfer of subscribers to the commission effective the following July 1, or on or before July 1 of each year for transfer of subscribers to the commission effective the following January 1.

 

Section 14 - Municipal Health Reform Technical Correction

SECTION 14. Section 21 of said chapter 32B of the General Laws, as inserted by section 3 of chapter 69 of the acts of 2011, is hereby amended by inserting after the word “meeting”, in subsection (a), the following words:- or by vote of the district’s governing board.

 

Section 15 - Uniform Probate Code Technical Corrections

SECTION 15. (A) Section 32 of chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the words "executor or administrator" where they appear, and inserting in place thereof, in each instance, the following words:- personal representative. 

 

(B) Said section 32 of said chapter 118E, as so appearing, is hereby further amended by inserting after the word "mail", in line 6, the following words: - in accordance with sections 3-306(f) and 3-403(f) of chapter 190B.

 

(C) Said section 32 of said chapter 118E, as so appearing, is hereby further amended by inserting after the word " division", in line 10, the following words:- ,as described above,.

 

(D) Said section 32 of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 21, the words “9 of chapter 197” and inserting in place thereof the following words:- 3-803 of chapter 190B.

 

(E) Said section 32 of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 83, the words “9 of chapter 197” and inserting in place thereof the following words:- 3-803 of chapter 190B.

 

(F) Section 3-306 of chapter 190B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (f) and inserting in place thereof the following 2 subsections:-

(f) The petitioner shall give written notice 7 days before petitioning for informal probate or appointment by sending a copy of the petition and death certificate by certified mail to the division of medical assistance.

 

(g) The duty shall not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The petitioner's failure to give this notice is a breach of duty to the persons concerned but shall not affect the validity of the probate, appointment, powers or other duties.  A petitioner may inform other persons of the petition by delivery or ordinary first class mail.

 

(G) Section 3-403 of chapter said 190B, as so appearing, is hereby amended by striking out subsection (f) and inserting in place thereof the following 2 subsections:-

(f) The petitioner shall give notice by certified mail to the division of medical assistance together with a copy of the petition and death certificate.

(g) The duty shall not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The petitioner's failure to give this notice is a breach of duty to the persons concerned but shall not affect the validity of the probate, appointment, powers or other duties. A petitioner may inform other persons of the petition by delivery or ordinary first class mail.

 

(H) Section 3-1201 of said chapter 190B, as so appearing, is hereby amended by inserting after the word “person", in line 5, the following words:-  or, in the case of a person who at his death, was receiving services from the department of mental health, the department of developmental services, or the division of medical assistance, any person designated to act as a voluntary personal representative of the estate of such person by the department of mental health, the department of developmental services or the division of medical assistance.

 

(I)Said section 3-1201 of said chapter 190B, as so appearing, is hereby further amended by inserting after the word "mail", in line 35, the following words:- at least 7 days before filing.

 

Section 16 - No Compensation for Local Housing Authority Board Members

 

SECTION  16. (A)  Section 7 of chapter 121B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A housing authority shall not compensate its members from any source of funds available to the housing authority.

 

(B) Said section 7 of said chapter 121B, as so appearing, is hereby further amended by striking the words “Any compensation paid to a tenant member of a housing authority for services as a member”, in lines 47 and 48, and inserting in place thereof the following words:- To the extent that a tenant member of a housing authority was compensated for services as a member before July 1, 2012, that compensation.

 

Section 17 - Designation of Health Connector as ACA-Compliant Exchange

SECTION 17.  Section 3 of chapter 176Q of the General Laws, as so appearing, is hereby amended by inserting after subsection (t), the following subsection:-

(u) notwithstanding the foregoing, to perform all the duties and responsibilities required of an American Health Benefit Exchange, as that term is defined by the Patient Protection and Affordable Care Act, Pub. L. 111-148, as may be amended from time to time, including without limitation the certification of qualified health plans for sale in the Exchange, the determination of eligibility of individuals for shopping, receiving federal premium tax credits, and qualifying for reduced cost sharing through the Exchange, as provided by federal law, and the certification of individuals as exempt from the requirements of section 36B of the Internal Revenue Code of 1986.

 

Section 18 - Medicaid Delivery of Care Advisory Committee Report

 

SECTION 18.  Section 178 of said chapter 131 of the acts of 2010 is hereby amended by striking out, in the second paragraph, the date “January 15, 2011” and inserting in place thereof the following date:- October 1, 2012.

 

Section 19 - CCTF Transfer

SECTION 19. Section 2E of chapter 68 of the acts of 2011 is hereby amended by striking out item 1595-5819 and inserting in place thereof the following item:-
1595-5819

For an operating transfer to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29 of the General Laws; provided, that up to $30,000,000 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund, established under section 36 of chapter 118G of the General Laws; provided further, that the hospital fiscal year 2012 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund; provided further, that payments may be made either as safety net care payments under the commonwealth’s section 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof; provided further that for the purpose of this line item, Massachusetts nonprofit disproportionate share hospitals with a Medicare payer mix percentage greater than 45% of Total Gross Patient Service Revenue using FY09 403 cost report data shall be defined as a public service hospital; further provided public service hospitals qualifying under this line item shall receive an equal payment of the amount of surplus public service hospital safety net care payment monies from public service hospitals qualifying under 114.1 CMR 36.02; further provided that these funds may only be disbursed if allowed by the Commonwealth’s 1115 Medicaid waiver; provided further, that the executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund; provided further, that the secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector authority, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded by the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures; provided further, that the secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on healthcare financing within 30 days of the proposed transfer; provided further, that notwithstanding any general or special law to the contrary, funds within the Commonwealth Care Trust Fund that are not needed to support the costs of the Commonwealth Care and Commonwealth Care Bridge subsidized health insurance programs in fiscal year 2012 shall be made available to support the costs of these programs until June 30, 2013; and provided further, that up to $3,500,000 shall be applied for the purpose of providing small business health insurance wellness subsidies pursuant to section 7A of chapter 176Q of the General Laws; and provided further, that notwithstanding said section 7A of said chapter 176Q, for fiscal year 2012, the connector shall provide an annual health insurance wellness subsidy not to exceed 15 per cent of eligible employer health care costs as calculated by the employer for credit by the federal government under the federal Patient Protection and Affordable Care Act.

$728,011,822

 

Section 20 - Technical Correction of Transfer of Tobacco Settlement Payments

 

SECTION 20. Section 152 of said chapter 68 of the acts of 2011 is hereby amended by striking out, in the second sentence, the words “until the amount to be deposited reaches 100 per cent of the payments” and inserting in place thereof the following words:- , and the balance of funds in each fiscal year shall be deposited in the General Fund until the amount to be deposited in the State Retiree Benefits Trust Fund reaches 100 per cent of the payments.

 

Section 21 - Allow DOC to Renegotiate Health Care and Food Service Contracts

SECTION 21. Chapter 68 of the acts of 2011 is hereby further amended by striking out section 172 and inserting in place thereof the following section:-

 

Section 172.   Notwithstanding any general or special law to the contrary, the department of correction shall study or reprocure all departmental specific contracts for  food services, commissary and medical services provided at all institutions. The department shall request detailed data and definitions of costs from the contractors to inform future health care procurements for best value results. The department shall report the results of all of the reprocurement studies to the house and senate committees on ways and means and the secretary of administration and finance. If the commissioner of correction determines that  the most cost-effective method is to reprocure any of these contracts, the department shall solicit new bids for these services in accordance with applicable state law and may use alternative procurement methods including, but not limited to, specialized vendor prequalification, cooperative procurements, competitive negotiations and brand name solicitations.  In executing the reprocurement of these services, the department shall notify all sheriffs, who may elect to participate in the reprocured services. When entering into new food procurement contracts, the department may give preference to suppliers that support farm-to-table farming techniques that encourage local involvement from source to consumer and other local sourced food supply programs.

 

Section 22 - Special Commission on Criminal Justice Report

SECTION 22. Section 189 of said chapter 68 of the acts of 2011 is hereby amended by striking out, in the fifth paragraph,  the words “March 31, 2012” and inserting in place thereof the following words:- March 31, 2013 .

 

Section 23 - OPEB Commission

SECTION 23. (A) Section 58 of chapter 176 of the acts of 2011 is hereby amended by striking out, in

the second paragraph, the figure “11” and inserting in place thereof the following figure:- 12.

 

(B) Said section 58 of chapter 176 of the acts of 2011 is hereby further amended by striking out, in the second paragraph, the words “1 of whom shall be a private citizen, appointed by the governor, who shall serve as chair of the commission and shall not be a member” and inserting in place thereof the following words:- 2 of whom shall be private citizens, appointed by the governor, who shall serve as co-chairs of the commission and shall not be members.

 

Section 24 - Validate Amended Collective Bargaining Agreements

SECTION 24.   The salary adjustments and other cost items authorized by the following 2011 amendments to collective bargaining agreements, for the period from July 1, 2011 to June 30, 2014, shall be effective for the purpose of section 7 of chapter 150E of the General Laws:

  1. between the Barnstable Sheriff and Barnstable Correction Officers, BCCOU;
  2. between the Barnstable Sheriff and Barnstable Radio Operators, IBCO Local 217;
  3. between the Barnstable Sheriff and Barnstable Nurses, NAGE Local 58;
  4. between the Barnstable Sheriff and Barnstable Clerical, NAGE Local 220;
  5. between the Dukes Sheriff and Dukes Correction Officers, MCOFU;
  6. between the Essex Sheriff and Essex County Correction Officers Association;
  7. between the Essex Sheriff and Essex Administrators, IBCO Local R1-27;
  8. between the Suffolk Sheriff and Suffolk Captains, AFSCME Locals 3967 and 3643;
  9. between the Board of Higher Education and the American Federation of State, County and Municipal Employees Local 1067;
  10. between the commonwealth and the National Association of Government Employees Local R1 292, Unit A;
  11. between the commonwealth and SEIU Local 888, for the Berkshire registry of deeds;
  12. between the commonwealth and OPEIU Local 6, for the Middlesex North registry of deeds;
  13. between the commonwealth and OPEIU Local 6, for the Middlesex South registry of deeds; and
  14. between the commonwealth and OPEIU Local 6, for the Hampden registry of deeds.

 

Section 25 - MassHealth Line Item Transferability

SECTION 25. Notwithstanding  any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 400-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400, 4000-1405 and 4000-1420 of section 2 of chapter 68 of the acts of 2011 for the purpose of reducing any deficiency in these items, but any such transfer shall be made not later than August 30, 2012.

 

Section 26 - Closing Bay State Correctional Center

SECTION 26.  The commissioner of correction may close the Bay State Correctional Center.

 

Section 27 - DOT Construction Manager/General Contractor Pilot Program

SECTION 27. (a) Notwithstanding any general or special law to the contrary, the secretary of transportation may select 5 construction pilot projects for the department of transportation or the Massachusetts Bay Transportation Authority using the Construction Manager/General Contractor (CM/GC) method of project delivery. Projects using this method of project delivery shall emphasize an integrated team approach to the planning, design, and construction of a highway, transit, or commuter rail project, and shall control schedule, budget, and risk allocation, while ensuring a quality end product for the project owner. Projects shall include engagement of construction expertise in the design process to enhance constructability, manage risk, and facilitate execution of design and construction.

 

(b) The criteria used to select the CM/GC pilot projects by the department shall be identified in a CM/GC pilot project procedure manual, which shall include, but not be limited to, (i) projects of appropriate type, location, and complexity, (ii) projects fostering an environment of innovation or use of new technologies, (iii) availability, capability, and experience of qualified general contractors, (iv) projects encouraging increased partnership and communication between all project participants, (v) projects that benefit from an accelerated start of construction planning, and (vi) any other criteria that the secretary shall consider appropriate for evaluation, selection, and award.

 

(c) The CM/GC pilot projects shall encourage participation by qualified firms through a qualifications-based process requiring requests for proposals, technical scores and price components, and criteria for prequalification, which shall include minimum levels of experience, financial capability, bonding capacity, and cooperation with disadvantaged business enterprise and minority and women business participation goals.

 

(d) In developing, modeling, and implementing the CM/GC project delivery method, the department of transportation, including the Massachusetts Bay Transportation Authority, shall take into consideration the principles and provisions of the Massachusetts General Laws generally applicable to public works projects.

 

(e) The department may establish, in consultation with the Federal Transit Administration or the Federal Highway Administration, in the case of federally-aided projects, such additional procurement requirements, procedures, and project standards as are necessary to encourage full competition and best construction practices. The secretary, or the secretary’s designee, may consult with legal, financial, technical and other experts within and outside state government in the implementation of this section.

 

(f) Paragraphs (a) through (e) shall not limit the general powers of either the department of transportation provided in chapter 6C or the Massachusetts Bay Transportation Authority provided in chapter 161A. Said paragraphs shall effectuate the purposes of implementing the CM/GC pilot projects.

 

(g) The secretary may delegate any of the powers conferred on him by this section to a designee, but the secretary shall not delegate the power to award the CM/GC pilot project contracts which shall be exclusively vested in the board of directors of the department of transportation.