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Floor Number: 101
BRAINTREE CONSERVATION AND EDUCATION PROGRAM
Mr. Morrissey moves to amend the
bill, in section 2, in line item 2100-2030 by inserting after the words
“Blackstone River and Canal Commission;” the following:- “provided further,
that not less than $75,000 shall be expended for the town of Braintree for a
conservation and education program;”
Floor Number: 102
THREE-TOWN LANDFILL
Mr. Nuciforo moves to
amend the bill, in section 2, in item 2200-0100, by inserting after the words
"court of law", the following:- "provided further, that not less
than $350,000 shall be expended for the costs associated with the capping of
the so-called Three-town landfill located in the town of Heath”.
Floor Number: 103
AN AMENDMENT PROVIDING TECHNICAL ASSISTANCE TO MUNICIPALITIES
Mr. Tarr moves to amend the bill (Senate Bill 2300) in Section 2, item 2200-0100, in line 44 by inserting, after the word “Act”, the following: - “; provided further that technical assistance shall be provided by the Department to municipalities, water districts and water authorities for comprehensive system wide water audits, water use accounting and reporting and intensive leak detection and repair programs”.
Floor Number: 104
WATER WELLS IN THE TOWN OF
MENDON
Mr. Moore moves to amend the bill, in section 2, in item 2200-0100, by adding the following: "; and provided further that not less than $100,000 shall be expended for grants to the town of Mendon for testing wells and remediation of illegal dumping, provided however that the Commonwealth make every effort to seek reimbursement from those parties found responsible for this pollution
Floor Number: 105
ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT
Mr. Brewer, Mr.
O’Leary, Ms. Resor, Mr. Moore, Ms. Tucker, Mr. Morrissey, Ms. Fargo, Mr. Tisei,
Mr. Knapik, Mr. Antonioni, Mr. Tarr,
Mr. Glodis, Mr. Baddour, Mr. Nuciforo, Ms. Walsh, Mr. Tolman and Mr.
Pacheco move to amend the bill, in
section 2, in item 2200-0100, by striking out the following figures:“$30,903,438
General Fund…………………………………………..41.05%
Environmental Permitting and
Compliance Fund……..36.95%
Clean Environment
Fund………………………………22.00%”
and inserting in place thereof the figures:-
“$33,268,789
General Fund………………………….……….……….38.13%
Environmental Permitting and Compliance Fund…..….34.32%
Clean Environment Fund…………………………….....27.55%”
Floor Number: 106
PROVIDING FOR PUBLIC WATER SUPPLY AND TESTING IN THE TOWN OF AVON
Mr. Joyce and Mr. Creedon move to amend the bill, in section 2, in item 2210-0100, by inserting after the words:- “incentives to encourage water conservation” the following words:-“; provided further, that $250,000 shall be expended to provide for and test the public water supply in the Town of Avon”.
Floor Number: 107
METHUEN TRANSFER STATION AND RECYCLING FACILITY
Mr. Baddour moves to amend the bill, in section 2, in line item 2210-0110 by inserting after the words “master plan” the following: - ; provided further that no less than $250,000 shall be expended for the design and engineering associated with access and egress to Methuen’s transfer station and recycling facility.
Floor
Number: 108
STATE REVOLVING FUND
Mr. O’Leary, Mr. Brewer,
Ms. Creem, Mr. McGee and Mr. Nuciforo
move to amend the bill, in section 2, in item 2250-2001, by striking
out the figure “$1,424,834” and inserting in place thereof the following figure:-
Floor Number: 109
HAZARDOUS WASTE SITE
CLEAN-UP
Mr. Brewer, Mr. O’Leary, Ms. Resor, Mr. Moore, Ms. Tucker, Mr. Morrissey, Ms. Fargo, Mr. Tisei, Mr. Knapik, Mr. Antonioni, Mr. Tarr, Mr. Glodis, Mr. Baddour, Mr. Nuciforo, Mr. McGee, Mr. Tolman, Ms. Walsh and Mr. Pacheco move to amend the bill, in section 2, in item 2260-8870, by striking out the following figures:
“$16,002,124
Clean Environment
Fund………………...…50.00%
Environmental Challenge
Fund…………….40.33%
Local Aid Fund………………………………0.33%
Underground Storage Tank Petroleum
Product Cleanup Fund……………………….4.20%
General Fund………………………………...5.14%”
and
inserting in place thereof the following figures:-
“$16,702,881
Clean Environment Fund……………………52.10%
Environmental Challenge Fund……………..38.64%
Local Aid Fund………………………………0.32%
Underground Storage Tank Petroleum
Product Cleanup Fund………………………..4.02%
General Fund…………………………..……..4.92%”
Floor Number:
110
BOARD OF REGISTRATION OF
HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Ms. Fargo move to amend the bill in section 2, in item 2260-8881, by striking out the figure “$334,308” and inserting in place thereof, the figure “$351,198”.
Floor Number: 111
FISHERIES AND WILDLIFE ADMINISTRATION
Mr. Brewer, Mr. Nuciforo, Mr. Knapik and Mr. Moore move to amend the bill, in section 2, in item 2310-0200, by striking out the figure “6,759,636” and inserting in place thereof the following figure:- “7,239,786”.
Floor Number: 112
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM
Ms. Resor, Mr. Brewer, Ms. Fargo, Mr. Hedlund and Ms. Creem move to amend the bill (S. 2300) in section 2, in item number 2310-0310, by striking out the figure “$691,483” and inserting in place thereof the figure:-“$739,330.”
Floor Number: 113
ENVIRONMENTAL LAW ENFORCEMENT
Mr. Brewer, Mr. Shannon, Mr. Moore and Mr. Antonioni move to amend the bill, in section 2, in item 2350-0100, by striking out the following figures:
“$9,813,795
Environmental Law Enforcement
Fund………..50.66%
General Fund…………………………………...34.20%
Highway Fund………………………………….15.14%”
and inserting in place thereof the figures:-
“10,741,000
Environmental Law Enforcement
Fund………..46.29%
General Fund…………………………………...26.05%
Highway Fund………………………………….13.83%
Clean Environment Fund……………………….13.83%”
Floor Number: 114
SOUTHWEST CORRIDOR PATROLS
Ms. Wilkerson moves that the bill be amended in section 2, in item 2410-1000, in line 5, by inserting after “and parkways;” the following: “ provided further that not less than $282,310 shall be expended to provide motorcycle patrols along with southwest corridor in the city of Boston.
Floor Number: 115
HOUGHTON’S
POND AREA IRRIGATION
Mr. Joyce moves to amend the bill, in section 2, in line item 2410-1000 by inserting after the words “city of Somerville;” the following words:-
“provided further,
that $75,000 be expended for irrigation of the Houghton’s Pond ball fields;”
Floor Number: 116
METROPOLITAN DISTRICT COMMISSION.
Mr. Travaglini moves to amend the bill in
section 2 by striking line items 2410-1000, 2440-0010, and 2444-9001 and
inserting in place thereof the following line items:-
“2410-1000
For the administration of the metropolitan district commission;
provided, that said commission shall enter into an interagency agreement with
the department of state police to provide police coverage on commission
properties and parkways; provided further, that said department shall reimburse
the commission for costs incurred by the commission including, but not limited
to, vehicle maintenance and repairs, the operation of department buildings and
other related costs; provided further, that not withstanding the provisions of
section 3B of chapter 7 of the General Laws, the commission is hereby
authorized and directed to establish or renegotiate fees, licenses, permits,
rents and leases, and to adjust or develop other revenue sources to fund the
maintenance, operation, and administration of the commission; provided further,
that an annual report shall be submitted to the house and senate committees on
ways and means regarding any fee adjustments not later than February 14, 2003;
provided further, that notwithstanding the provision of any general or special
law or administrative bulletin to the contrary, the department shall not pay
any fees charged for the leasing or maintenance of vehicles to the operational
services division; and provided further, that no funds shall be expended from
this item for personnel overtime
costs................................................................ 1,245,488
Local Aid
Fund......................................... 75.0%
Highway Fund..........................................
25.0%
2440-0010
For the administration, operation and maintenance of the metropolitan
district commission parks and recreation division, for the maintenance,
operation and related costs of the
parkways, boulevards, roadways, bridges and related appurtenances under the
care, custody, and control of the commission, for the flood control activities
of said commission, and for the purchase of all necessary supplies and related
equipment; provided, that no funding shall be made available from this item for
true seasonal employees, so-called; and provided further, that no expenditures
shall be made from the amount appropriated other than for those purposes
identified herein…….......................26,051,490
Highway Fund………………………….60.00%
Local Aid
Fund....................................... 40.00%
2440-0045
For payment to the City of Boston for maintenance and operations of the
James Michael Curley recreation center; and provided further, that no expenses
shall be made other that for the purposed identified herein;
............................................................ $272,774
Local Aid
Fund........................................ 100%
2440-1202 For the civilian crossing guards located at
metropolitan district commission intersections where state police personnel
previously performed such duties…………………….……………$211,246
2440-2000 For the expenses of snow and ice control at
metropolitan district commission parkways, parks facilities, and properties,
including the costs of personnel………………………………………..$579,696
Highway Fund…………………………..100%
2440-5000 For the summer and fall seasonal hires of
the commission; provided, that notwithstanding the provisions of section 1 of
chapter 31 of the General Laws, seasonal positions funded by this account are
positions requiring the services of an incumbent, on either a full-time or less
than full-time basis beginning no earlier than April 1 and ending no later than
November 30; provided further, that notwithstanding section 1 of chapter 31 of
the General Laws, seasonal positions funded by this account may not be filled
by an incumbent for more than 8 months within a 12 month
period………………………………….$2,612,868
Highway Fund……………………………60.00%
Local Aid Fund.........................................
40.00%
2440-6000 For the winter and spring seasonal hires of
the commission; provided, that notwithstanding the provisions of section 1 of
chapter 31 of the General Laws, seasonal positions funded by this account are
positions requiring the services of an incumbent, on either a full-time or less
than full-time basis beginning no earlier than September 1 and ending no later
than April 30; provided further, that notwithstanding section 1 of chapter 31
of the General Laws, seasonal positions funded by this account may not be
filled by an incumbent for more than 8 months within a 12 month
period………………………………….$523,403
Highway Fund……………………………60.00%
Local Aid
Fund......................................... 40.00%
2444-9001
For the maintenance, rehabilitation, construction, reconstruction, and
improvement of boulevards, parkways, bridges, and related appurtenances under
the care, custody, and control of the metropolitan district
commission……………………........................... $877,432
Highway Fund...........................................
l00.0%
2444-9005 For the operation
and maintenance of street lighting on metropolitan district commission parkways………………….........................
$2,400,000
Highway Fund..........................................100.0%
2460-1000 For the
construction division; provided, that notwithstanding the provisions of any
general or special law to the contrary, all offices and positions of the division
shall be subject to classification under sections 45 to 50, inclusive, of
chapter 30 of the General Laws........... $2,678,884
Highway
Fund.......................................... 80.0%
Local Aid Fund........................................
20.0%
Floor Number: 117
HARRY MCDONOUGH SAILING PROGRAM
Mr. Hart of Boston moves to amend the bill, in section 2, in item 2440-0010, by inserting after the words “expended from this item” the following:-
“provided further, that not less than $25, 000 be expended for the maintenance and operation of the Harry McDonough Sailing Program.”
Floor Number: 118
Redraft
SOUTHWEST CORRIDOR MAINTENANCE
Ms. Wilkerson moves that the bill be amended in section 2, in item 2440-0010, in line 11, by inserting after “such duties;” the following: “ provided further that the commission shall expend $105,000 for maintenance of the southwest corridor park in the city of Boston and shall enter into contracts for personnel and other resources necessary for such maintenance, including the costs of three horticulturists;”
Floor Number: 119
WATERTOWN TRAFFIC SIGNAL
Mr. Tolman moves to amend the bill, in section 2, in
item 2440-0010 by inserting after the words, “Milton” the following new language:-
“; provided further that $420,000 shall be expended
to install a traffic signal at the intersection of Grove Street and Greenough
Boulevard in Watertown”
The bill is further amended in the same item by
striking the figure “$26,453,510” and inserting in place thereof the following
new figure:- “$26,873,510”
Floor Number: 120
Mr. Hart moves to amend the bill in section 2, in item 2440-0010 by striking the words:-“funds shall be expended for maintenance and operation of the James Michael Curley recreation center in Boston;”
And by inserting the words in place thereof the following:-
“not less than $293, 116 be expended for the maintenance and operation of the James Michael Curley.”
Floor Number: 121
RELATIVE TO THE CHARLES RIVER LAKES DISTRICT AQUATIC NON-NATIVE WEED MANAGEMENT PROGRAM
Ms. Creem, Mr Tarr, & Ms. Fargo move to amend the bill in section 2, in item 2440-0010, by adding at the end thereof the following words:-
“provided further, that not less than $100,000 shall be expended for the costs associated with the management of aquatic non-native plants in the Charles river lakes district, including treatment and monitoring”
Floor Number: 122
HART - ESPLANDE
Mr. Hart moves to
amend the bill in section 2, in item 2440-0010 by inserting the following
wording:
“provided further, that not less than $100, 000 shall be expended for improvements to the land and facilities of the Charles River Esplanade in the City of Boston.”
Floor Number: 123
Mr. Tisei moves to amend the bill in section 2 by adding the following line item:-
“2443-2000 For the operation of the Commonwealth Zoological Corporation, pursuant to chapter 92B of the General Laws; provided, that funds appropriated herein shall be expended for the purposes of promoting private fund-raising, achieving self-sufficiency and serving as a catalyst for urban economic development and job opportunities for local residents; provided further, that the corporation shall take all steps necessary to increase the amount of private funding available for the operation of the zoos; provided further, that the corporation shall report to the house and senate committees on ways and means no later than February 1, 2003 on the status of, and amounts collected from, the private fundraising and enhanced revenue efforts identified in the draft Massachusetts zoos business and operations plan dated December, 1996; provided further, that the corporation shall continue to provide free services and supplies, including, but not limited to, routine animal check-ups, diagnosis and care, emergency veterinary needs, medications and medical supplies, vitamins and diet supplements and Zoo Prem feline diet, to the trailside museum and the Chickatawbut Hill center in the town of Milton; and provided further, that no expenditures shall be made from the amount appropriated other than for those purposes identified herein............................................................................. $3,500,000”
Section 2. By striking in said section 2, in line item 0640-0300 the figure “$16,170,608” and inserting in the place thereof the following figure, “12,670,608.”
Floor Number: 124
DFA-APIARY INSEPCTION
Ms. Resor moves to amend the bill (S. 2300) in section 2, in item number 2511-0100 by inserting after the words “rabies control program”, the following:- ,and, provided, further, that $20,000 be expended to maintain a part-time bee inspector”.
And
Ms. Resor moves to further amend item number 2511-0100 by striking out the figure “$4,494,165” and inserting in place thereof the following new figure;-“$4,514,165”.
Floor Number: 125
FOOD AND AGRICULTURE OPERATION
Mr. Brewer moves to amend the bill, in section 2, in item 2511-0100, by inserting after the words “agricultural development and fairs;” the following words: “provided further, that not less than $135,000 be expended for agricultural fair prizes and rehabilitation, including the expenses of the agricultural lands board;” and by striking out the figure “4,494,165” and inserting in place thereof the following figure:- “4,884,209”.
Floor Number: 126
HART
- DANIEL MARR BOYS AND GIRLS CLUB
Mr.
Hart moves to amend the bill in section 2, in item 4000-0100, by inserting
the following:-
“provided further, that not less than $100,000 be expended to the Colonel Daniel Marr Boys and Girls Club’s Paul McLaughlin Teen Center operated by the Club ”
Floor Number: 127
RELATIVE
TO AT-RISK YOUTH PROGRAMS
Ms. Creem, Mr. Knapik, Mr. McGee, Mr. Havern and Mr. Tolman move to amend the bill in section 2, by inserting after item 4000-0100 the following item:
“4000-0112 For matching grants to municipalities, boys and girls' clubs, YMCA and YWCA organizations, Girls’ Inc., and non-profit community centers for a program to prevent high rates of juvenile delinquency, teen pregnancy and high school drop-out rates for youths at-risk, so called; provided, that the program shall be structured to require collaboration in each such neighborhood between agencies of the executive office of health and human services and the department of human services, education, the county sheriff's office, public safety departments, boys and girls' clubs, YMCA and YWCA organizations and non-profit community centers of each participating municipality; provided further, that youths-at-risk shall include, but need not be limited to, those teenagers and pre-teenagers identified with histories of court involvement, significant or continuous exposure to criminal behavior in their household, truancy, homelessness, children-in-need-of-services status, so-called, or involvement with the departments of social services or youth services; provided further, that funds from this item may be expended to provide after-school programs that include parental accountability and training, court-based assessments, mentoring, substance abuse prevention and recreational programs; provided further, that the executive office shall work in conjunction with public and private organizations for the purposes of securing new matching funds for expenditures made from this item; provided further, that the secretary of health and human services shall award the full amount of each grant to each organization upon commitment of matching funds from the organization; provided further, that the secretary shall report to the house and senate committees on ways and means on the types of services, the cost of each such service, the exact amounts matched by each program, the names of vendors contracted by each program, the number of children to be served by each program, the goals of each program, expected outcomes for fiscal year 2003 and actual outcomes for fiscal year 2003; provided further, that $60,000 shall be expended for the Billerica Boys and Girls Club; provided further, that an additional $25,000 shall be expended for the Boys and Girls Club of Brockton; provided further, that $100,000 shall be expended for the Taunton Boys and Girls Club; provided further, that not less than $90,000 shall be expended for the Russian Teens-at-Risk program operated by the Jewish Family and Children’s Service in the cities of Boston and Lynn and the town of Brookline; provided further, that $40,000 shall be expended for the Boys and Girls Club of Greater Westfield; provided further, that $40,000 shall be expended for the YMCA of Greater Westfield; provided further, that $40,000 shall be expended for the public partnership program between the Greater Lynn YMCA and YWCA and the town of Saugus and the public partnership program between the Saugus YMCA and YWCA and the town of Saugus; and provided further, that not less than $555,000 shall be expended for after-school programs operated by public and non-public entities including, but not limited to, members of the Massachusetts alliance of boys and girls clubs ………………………………………………………$1,000,000
Floor
Number: 128
YOUTH AT RISK PROGRAM
Mr.
Creedon moves to amend the bill in section 2, by inserting after line item
4000-0100 the following item:
“4000-0112 For matching
grants to municipalities, boys’ and girls’ clubs, YMCA and YWCA organizations,
Girls’ inc., and non-profit community centers for a program to prevent high
rates of juvenile delinquency, teen pregnancy and high school dropout rates
for youths-at-risk, so-called; provided, that the program shall be structured
to require collaboration in each such neighborhood between agencies of the
executive office of health and human services and the departments of human
services and education, the county sheriffs’ offices, public safety departments,
boys’ and girls’ clubs, YMCA and YWCA organizations and non-profit community
centers of each participating municipality; provided further, that youths-at-risk
shall include, but not be limited to, those teenagers and preteenagers identified
with histories of court involvement, significant or continuous exposure to
criminal behavior in their households, truancy, homelessness, children-in-need-of-services
status, so-called, or involvement with the departments of social services
or youth services; provided further, that funds from this item may be expended
to provide after school programs that include parental accountability and
training, court-based assessments, mentoring, substance abuse prevention and
recreational programs; provided further, that the executive office shall work
in conjunction with public and private organizations for the purposes of securing
new matching funds for expenditures made from this item; provided further,
that the secretary of health and human services shall award the full amount
of each grant to each organization upon commitment of matching funds from
the organization; provided further, that the secretary shall report to the
house and senate committees on ways and means on the types of services, the
cost of each such service, the exact amounts matched by each program, the
names of vendors contracted by each program, the number of children to be
served by each program, the goals of each program, expected outcomes for fiscal
year 2003 and actual outcomes for fiscal year 2003; provided further, that
$60,000 shall be expended for the Billerica Boys and Girls Club; provided
further, that $25,000 shall be expended
for the Brockton Boys and Girls Club; provided further, that $100,000 shall be expended for the Taunton
Boys and Girls Club; provided further, that not less than $90,000 shall be
expended for the Russian Teens-at-Risk program, so-called, in the cities of
Boston and Lynn and the town of Brookline; provided further, that $40,000
shall be expended for the Boys and Girls Club of Greater Westfield; provided
further, that $40,000 shall be expended for the YMCA of Greater Westfield;
provided further, that $40,000 shall be expended
for the public partnership program between the greater Lynn YMCA and YWCA
and the town of Saugus and the public partnership program between the Saugus
YMCA and YWCA and the town of Saugus; provided further, that $50,000 shall
be expended for the Russian Teens-at-Risk program operated by the Jewish Family
and Children’s Service in the city of Boston; and provided further, that not
less than $555,000 shall be expended for after-school programs operated by
public and non-public entities including, but not limited to members of the
Massachusetts alliance of boys and girls clubs
$1,000,000”
Floor
Number: 129
YWCA COMMON GROUND PROGRAM
Ms. Tucker moves to amend the bill in section 2, by
inserting after item 4000-0100 the following item:
“4000-0112 For
the common ground program at the YWCA of Greater Lawrence……………………..$74,940”
Floor Number: 130
SOMERVILLE YMCA, BOYS AND GIRLS CLUB
Mr. Shannon moves to amend the bill in section 2, by inserting after item 4000-0100 the following item:-
“4000-0112 For matching grants to the Somerville YMCA and the Somerville-Medford Boys and Girls Club; provided, that $50,000 shall be expended for the Somerville YMCA; and provided further, that $50,000 shall be expended for the Somerville-Medford Boys and Girls Club ........................................ $100,000”.
Floor
Number: 131
Mr. Tisei moves to amend the proposed text of the bill by striking from item 4000-0300 the words:-
“provided further, that no funds from items 4000-0430, 4000-0500, 4000-0600, 4000-0860, 4000-0870 or 4000-0880 shall be expended for the purpose of a dispensing fee to retail pharmacies; provided further, that the fees shall be paid for out of the Health Care Quality Improvement Trust Fund, established under section 16 of this act”
and inserting in place thereof the following:-
provided further, that expenditures for the purpose of a dispensing fee to retail pharmacies shall be paid for out of the Health Care Quality Improvement Trust Fund, established under section 16 of this act; provided further, that no funds from items 4000-0430, 4000-0500, 4000-0600, 4000-0860, 4000-0870 or 4000-0880 shall be expended for the purpose of such dispensing fees, except that funds may be expended from any such item if amounts from the Health Care Quality Improvement Trust Fund are insufficient to pay for such fees;
Adult Day Health Programs
Mr. Moore moves to amend the bill, in section 2, in line item 4000-0300, by adding at the end thereof, the following:-
Provided that notwithstanding any general or special law to the contrary, the division shall not implement new regulations governing adult day health programs prior to the promulgation of a rate to support the cost of providing services under the regulations; provided further, that any new regulations shall include care given by dementia-specific programs within the most skilled level of care established by such regulations; provided further, that the division shall not, whether or not new regulations are adopted, decrease the per diem reimbursement paid as of May 30, 2002 to providers of adult day care; provided further, that the division shall report to the House and Senate Committees on Ways and Means no later than October 1, 2002 the methods by which it determines costs for adult day health programs and ways in which such methods can be expanded to reflect the cost of all adult day health programs.
Floor Number: 133
DEPARTMENT OF MENTAL HEALTH – NORTHEAST AREA
Mr. Baddour, Ms. Tucker, and Mr. Berry move to the amend the bill, in Section 2, in line item 4000-0500, by inserting after the word “unit,” the following: - “; and provided further that the department shall reimburse acute care hospitals in the Department of Mental Health’s designated “Northeast” area for short-term inpatient psychiatric services a the same rate per diem rate as is paid to the hospital located in the Department of Mental Health’s currently designated “Metro Suburban” area.
Floor Number: 134
NURSING HOME HEALTH CARE FUNDS
Senator Pacheco of Taunton moves that the bill be amended in section 2, in item 4000-0600, by adding the following: "provided further, that no nursing home which receives funds from any governmental agency or department in excess of $100,000 in a calendar year from this item shall use any such funds for activities unrelated to health care services, including political contributions, marketing, lobbying activities, travel and entertainment, and efforts to assist, promote, deter or discourage union organizing (hereinafter “union persuasion activities”); provided further, that funds from this item shall be considered to be used for union persuasion activities if a nursing home engages in such activities with an employee during a time when that employee is engaged to provide services, directly or indirectly, to a beneficiary of funding from this item; provided further, that if a nursing home engages in any union persuasion activities with an employee who provides services, directly or indirectly, to a beneficiary of funding from this item, during that employee’s work time, there is a refutable presumption that funds from this item paid for that proportion of the cost of the campaign which equals the proportion of the nursing home’s revenues from this item in the fiscal year of the campaign; provided further, that as a condition of receiving funds from this item, a nursing home which is subject to this section shall provide a certification to the Commonwealth that no funds from this item will be used for union persuasion activities; provided further, that for purposes of this section, any expense, including legal and consulting fees and salaries of supervisors and employees, incurred for research for, or preparation, planning or coordination of, or carrying out, an activity to assist, promote, or deter union organizing shall be treated as paid or incurred for that activity; provided further, that this section does not apply to an activity performed, or to an expense incurred, in connection with any of the following: 1) addressing a grievance or negotiation or administering a collective bargaining agreement; 2) performing an activity required by federal or public law or by a collective bargaining agreement or 3) obtaining legal advice about rights and responsibilities under federal or public law; provided further, that any person may file a complaint with the Attorney General if he or she believes that a nursing home is expending funds from this item in violation of this section and that upon the filing of such a complaint, the Attorney General shall, within two weeks, notify the nursing home that it must provide records sufficient to show that no funds from this item were used in violation of this section and that such records must be provided within 14 days; provided further, that if a nursing home engages in meetings with employees during work time to assist, promote or deter union organizing, such records shall, at a minimum, include records of each such meeting, including the date, time and identity of participants; provided further, that if the Attorney General determines that the nursing home has expended funds from this item in violation of this section, he or she shall direct the nursing home to repay the Commonwealth the amount of any funds from this item expended in violation of this section plus a civil penalty equal to twice the amount of those funds; provided further, that if a nursing home expended funds from this item in violation of this Act, it shall be liable to the appropriate governmental agency or department(s) for that proportion of the cost of the campaign which represents the proportion of the violator’s revenues from governmental agency or department(s) in the fiscal year when the prohibited activity occurred; provided further, that a civil action for a violation of this section may be brought by the Attorney General for injunctive relief, damages, civil penalties and other appropriate equitable relief; provided further, that all damages and civil penalties collected pursuant to this section shall be paid to the Commonwealth’s Treasury; provided further, that an individual who is aware of a violation of this section may, at the expiration of sixty days after the filing of a complaint with the Attorney General, or sooner, if the Attorney General assents in writing, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief and any damages incurred; provided further, that an individual who prevails in such an action shall be entitled to an award of the costs of the litigation, reasonable attorney fees and civil damages as provided herein; provided further, that the Attorney General may promulgate such rules and regulations as deemed appropriate in order to effectuate the purpose of this section; provided further, that any individual who knowingly authorizes the use of funds from this item in violation of this section shall be liable to the Commonwealth for the amount of those funds”.
Floor Number: 135
COMMUNITY CHOICES INITIATIVE
Mr. Joyce, Mr. Rosenberg, Mr. Tarr, Mr. Knapik, Ms. Chandler, Mr. Moore, Ms. Tucker, Ms. Fargo, Mr. Travaglini, Mr. Hedlund, Ms. Creem, Mr. Tisei, Mr. Tolman, Ms. Wilkerson and Mr. O'Leary move that the bill be amended in section 2, in item 4000-0600, in line 7, by inserting after “finance;” the following: - “provided further, that expenditures from this item shall include a demonstration project known as the community choices initiative; provided further, that under this demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver, so-called, shall be provided additional community services from among those services covered under said waiver or under the Commonwealth’s Title XIX state plan for the purpose of delaying or preventing an imminent nursing home placement; provided further, that elders at risk of imminent nursing home placement enrolled in said waiver shall be provided information about the availability of such additional services; provided further, that the criteria for determining whether an elder is at imminent risk of nursing home placement shall be defined in an interagency agreement between the division and the executive office of elder affairs and such determination may be delegated to a third party pursuant to the terms of said agreement; provided further, that for elders who pursuant to the aforementioned interagency agreement have been determined to be at such imminent risk, have chosen to remain in the community, and for whom community care is medically appropriate, the division shall establish a benefit level that on a monthly average basis is equal to fifty percent of the median monthly per capita expenditure made by the division for nursing facility services provided to elders; provided further, that such benefits may include needed waiver services or other needed community services available to said elders under said state plan; provided further, that said interagency agreement shall be amended to implement said demonstration project; provided further, that said agreement shall describe how adequate levels of funding will be made available, either through division payments to providers or through funds transfers to said executive office, to reimburse the benefit levels described herein; provided further, that the division, the executive office of elder affairs and each aging services access point shall enter into a three–party agreement, which shall describe a system to be followed by each aging services access point for authorizing and managing the delivery and utilization of both waiver and non-waiver community services needed by those elders at risk of imminent placement in a nursing home; provided further, that each aging services access point receiving funds under said demonstration project shall submit to the division of medical assistance and to the executive office of elder affairs monthly reports on the services provided and the expenditures made to those elders served under said 2176 elder care waiver; provided further, that the division and the executive office of elder affairs shall each prepare a report on all relevant costs and savings associated with said demonstration project; provided further, that said report shall be submitted to the senate and house committees on ways and means by April 1, 2003;”
Floor Number: 136
MASSHEALTH
DENTAL
Mr. McGee, Mr. Antonioni, Mr. Tolman, Mr. Joyce, Ms. Menard, Ms. Fargo, and Mr. O’Leary move that the bill be amended in section 2, by inserting after item 4000-0880 the following item:
“4000-0885 For dental care services provided to adults enrolled in the MassHealth programs; provided, that funds from this item may be transferred to items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, and 4000-0860 to further the purpose of this item; provided further, that as of July 1, 2002, such services shall only include restorative and preventive benefits; provided further, that notwithstanding the amount appropriated by this item, no more than $8,225,964 may be expended for the period from July 1, 2002 through December 31, 2002; provided further, that if, on or after December 31, 2002, the commissioner of revenue determines that the projected tax revenue of the Commonwealth for fiscal year 2003 will likely exceed the projected tax revenue assumption of the consensus tax revenue forecast for said year by more than one percent, than such dental care services shall include restorative, preventive, diagnostic exams, endodontics and periodontics as of January 1, 2003; provided further, that if said commissioner does not so determine, the amount appropriated by this item shall be reduced to $16,451,929; and provided further, the division shall provide the adult dental care services authorized by this item……………………..$18,181,522
General Fund…………………………………… 85.84%
Children's and Seniors' Health
Care Assistance Fund................................. 14.16%”
Floor Number: 137
INCREASING ACCESS TO THE DISTRESSED HOSPITAL FUND
Ms. Melconian moves to amend the bill, in section 2, by striking line item 4000-1008 and inserting the following:-
"4000-1008 For non-recurring payments to financially distressed hospitals; provided, that the division shall collaborate with the division of health care finance and policy and the department of public health to determine the methodology by which to make said payments; provided further, that the division shall make said payments in a manner designed to maximize federal financial participation and to achieve the greatest possible gains in patient care and public health; provided further, that the methodology for making said payments shall take into account such factors as negative operating margins, insufficient cash flow and the likelihood of closure or loss of critical community services in identifying financially distressed hospitals, provided further, that a portion of said payments shall be made to hospitals that have not received any funding as a financially distressed hospital and are located in a city with a population that has the percent of the population below two hundred percent (200%) of the poverty level at least one hundred eighty-five percent (185%) of the state percent; provided further, that in order to receive said payments, a hospital must comply with the following provisions; (a) submit a business plan that details strategic steps to be taken over a three-year period to enhance the long-term viability of the hospital; (b) quantify specific performance measures and provide the division with quarterly reports on said measures; (c) submit quarterly financial statements to the division; (d) document and submit fundraising initiatives and strategies to compliment any non-recurring payment received pursuant to this item; and (e) report to the division, the department of public health; and the house and senate committees on ways and means regarding strategies to avoid placing its emergency room on diversion status, so-called, provided further, that said payments shall be completely payable within state fiscal year 2003; and provided January 1, 2003 with the house and senate committees on ways and means; detailing: (a) the methodology used to determine the payments; (b) the amount projected to be paid to each such acute care hospital in state fiscal year 2003; and (c) the projected impact of the payments on patient care and the promotion of public health at each facility......................................................................................................20,000,000
Tobacco
Settlement
Fund....................................................................75%
Medical Security Trust Fund...............................................................25%
Floor Number: 138
HOSPITAL HEALTH CARE FUNDS
Senator Pacheco of Taunton moves that the bill be amended in section 2, in item 4000-1008, by adding the following: "provided further, that no grant funds from this item shall be used directly or indirectly by any recipient of such funds for marketing, political contributions, lobbying activities, entertainment or travel expenses, and efforts to assist, promote, deter or discourage union organizing; provided further, that if the division is notified that a recipient of funds from this item has engaged in any of the activities prohibited under this item, the recipient shall be required to document the cost of engagement in any such prohibited activities; provided further, that for any recipient of such funds who is documented by the division to have engaged in any activities prohibited by this item it shall be presumed that distressed hospital funds paid for that proportion of the cost of engagement in prohibited activities which equals the proportion of the recipient’s total revenues which are comprised of distressed hospital funds; provided further, that during the period of the hardship grant, any documented cost of engagement in any activity prohibited by this item shall be reimbursed to the division”.
Floor
Number: 139
DMA
HEARING ON PHARMACY REIMBURSEMENT RATES
Mr. Moore moves to
amend the bill, in section 2, in line item 4100-0060, by adding after the
number "114 CMR 31.02", the following words:-
The commissioner shall hold a public hearing in order to hear testimony from members of the public on the changes to the estimated acquisition cost. The commissioner shall consider whether the estimated acquisition cost is adequate to provide payment for pharmacy services that is consistent with efficiency, economy, and quality of care. The commissioner shall also consider whether the estimated acquisition cost is sufficient to enlist enough pharmacy providers so that pharmacy services are available to program recipients statewide and in each county at least to the same extent, as those services are available to the general population of Massachusetts. The commissioner shall also review the estimated wholesale acquisition cost to determine if the wholesale acquisition cost compromises the access to pharmacy services for covered patients. Not later than 120 days following the public hearing, the division shall publish the results of its findings and the division may establish, as the result of the findings, and pursuant to chapter 118E, a new estimated acquisition cost that is in the best interests of the program recipients.
Floor Number: 140
REIMBURSEMENT TO LONG TERM CARE PHARMACIES
Mr. Creedon, Mr. Tarr and Mr. Travaglini move to amend the bill, in section 2, in line item 4100-0060 by inserting after the citation to “114 CMR 31.02” the following:— “except that for the purposes of this section only, the term eligible pharmacy providers shall not include those pharmacies that serve publicly aided long-term care patients in facilities licensed by the Department of Public Health pursuant to section 71 of chapter 111 of the General Laws.”
Floor Number: 141
PHARMACY PROVIDER REIMBURSEMENT
Messrs. Hedlund and Creedon move to amend the bill, in Section 2, in item 4100-0600, by striking out the words “;provided further, that notwithstanding the provisions of any general or special law, rule or regulation, the division, for the purpose of drug cost reimbursement to eligible pharmacy providers for publicly aided and industrial accident patients, shall define the estimated acquisition cost for a single source brand name drug, so-called, and for a multiple source generic drug, so-called, as the wholesale acquisition cost plus two per cent for both legend and non-legend drugs”.
Floor Number: 142
MASSACHUSETTS COMMISSION FOR THE BLIND
Mr. Tolman moves to amend the bill, in section 2, in item 4110-1020, by striking the figure “$330,739” and inserting in place thereof the figure:- “$360,939.”
Floor Number: 143
TECHNICAL ADAPTATION
FOR THE BLIND
Mr. Rosenberg moves to amend the bill, in Section 2,
in item 4110-3010, by striking out the figure “$2,592,421” and inserting in
place thereof the following figure:- “$2,635,560”;
and by inserting below that figure
the following words:-
General
Fund …………………………………………………….85%
Job
Opportunity Business Services Fund ………………………..15%
Floor Number: 144
FERGUSON INDUSTRIES FOR THE BLIND
Mr. Tisei moves to amend the bill in Section 2, in line item 4110-4000 by striking the figure “$1,896,424 and inserting in place thereof the following figure, “2,184,424,” and by striking in section 2, line item 4590-0300 the figure “50,370,293” and inserting in the place thereof the following figure, “40,082,293.”
Floor
Number: 145
VOCATIONAL REHABILITATION
SERVICES
Mr. Morrissey moves to amend Senate Bill 2300, in
section 2, in item 4120-2000, by inserting at the end thereof the following
wording:-
", provided further the maximum obligation for
contracted community based services shall not be less than $6,900,000".
Floor Number: 146
VOCATIONAL REHABILITATION
Mr. Rosenberg moves to amend the bill, in Section 2,
in item 4120-2000, by striking out the figure “$7,672,262” and inserting in
place thereof the following figure:- “$8,231,583”;
and by inserting below that
figure the following words:-
General
Fund ……………………………………….85%
Job
Opportunity Business Services Fund ….………15%
Floor Number: 147
VOCATIONAL REHABILITATION
Mr. Tolman,
Ms. Fargo and Ms. Murray move to
amend the bill, in section 2, item 4120-2000 by striking the figure
“$7,672,262” and inserting in place thereof the following figure:- “8,231,583.”
Floor Number: 148
VOCATIONAL EMPLOYMENT
Mr. Rosenberg moves to amend the bill, in Section 2,
in item 4120-3000, by striking out the figure “$8,419,539” and inserting in
place thereof the following figure:- “$9,014,660”;
and by inserting below that figure
the following words:-
General
Fund ……………………………………….85%
Job
Opportunity Business Services Fund ….……….15%
Floor Number: 149
MRC – EMPLOYMENT SERVICES
Ms. Tucker and Ms. Murray move to amend the bill, in section 2, in item 4120-3000, by
striking out the figure “ $8,419,539” and inserting in place thereof the
following figure:- “9,014,660”.
Floor Number: 150
TURNING TWENTY TWO
Ms. Resor moves to amend the bill (S. 2300), in
section 2, in item 4120-4000, by inserting after the words “Living
Independently for Equality, Inc. of Brockton;” the following “$275,000 in
annualized funding for Turning 22 clients who began receiving services in fiscal
year 2002”.
and
Ms. Resor moves to further amend the bill (Senate
2300) in section 2, in line item 4120-4000 by striking out the figure
“$7,839,698” and inserting in place thereof the following figure:- $8,089,698”.