Agency
Narratives
JUDICIARY
One of three branches of Government within the
Commonwealth, the Judiciary presides over civil disputes and criminal prosecutions
and consists of the following departments.
Supreme Judicial Court
The Supreme Judicial Court (SJC), established
in 1692, is the oldest continuously operating appellate court in the Western
Hemisphere. Serving as the Commonwealth’s
highest court, the SJC consists of a Chief Justice and six Associate Justices
appointed by the Governor.
The responsibilities of the SJC include hearing
appeals on criminal and civil cases and providing advisory opinions on various
legal issues upon request of the Governor or the Legislature. The SJC is also responsible for the general
superintendence of the judiciary and of the bar, making and approving rules
for the operations of the courts.
Included within the jurisdiction of the SJC
is oversight responsibility for several entities affiliated with the judicial
branch, including the Commission on Judicial Conduct, the Board of Bar Examiners,
the Committee for Public Counsel Services and Mental Health Legal Advisors.
Committee for Public
Counsel Services
The Committee for Public Counsel Services (CPCS)
is responsible for providing legal representation to indigent persons in criminal
as well as civil cases. Consisting
of thirteen regional offices and two family law offices, CPCS provides the
majority of its representation by contracting with private attorneys through
the various courts. In addition to
employing the services of private attorneys, the Committee’s workforce includes
public attorneys as well as administrators and staff who assist in providing
various legal services to indigent persons.
Appeals Court
The
Appeals Court of the Commonwealth was created in 1972 and serves as an intermediary
appellate court between the Trial Court and the SJC. The Appeals Court consists of a Chief Justice
and 24 Associate Justices.
Trial Court
The Trial Court consists of seven departments
– The Superior, District, Probate, Land, Housing, and Juvenile courts as well
as the Boston Municipal Court. These
departments operate under the supervision of the Chief Justice for Administration
and Management (CJAM), who is appointed by the Supreme Judicial Court to manage
and administer the Administrative Office of the Trial Court as well as its
several departments. Included under
the supervision of the CJAM are the Office of the Commissioner of Probation,
which is responsible for probation services within the courts, the Office
of Community Corrections, which provides intermediate sanctions and services
through corrections centers to probationers, prisoners and parolees, and the
Jury Commissioner, who organizes and distributes information relative to the
jury service in the Commonwealth.
Jurisdictions
and responsibilities of the several departments of the Trial Court:
Superior Court
Department
Civil actions over $25,000 and matters where
equitable relief is sought; actions involving labor disputes where injunctive
relief is sought; exclusive authority to convene medical malpractice tribunals;
exclusive original jurisdiction in first degree murder cases; original jurisdiction
for all other crimes; appellate jurisdiction over certain administrative proceedings.
District Court
Department
All felonies punishable by a sentence up to
five years; all misdemeanors; all violations of city and town ordinances and
by-laws; probable cause hearings involving felonies not within District Court
jurisdiction to determine whether probable cause exists to detain persons
arrested without a warrant; any jury-waived civil matter in which the amount
likely to be awarded does not exceed $25,000; several other specialized proceedings.
Probate Court
department
Family matters such as divorce, paternity, child
support, custody, visitation, adoption, termination of parental rights, and
abuse prevention; probate matters such as wills, administrations, guardianships,
conservatorships, and changes of name; cases involving general equity.
Land Court
Exclusive, original jurisdiction over the registration
of title to real property, as well as all matters and disputes concerning
such title subsequent to registration; exclusive, original jurisdiction over
the foreclosure and redemption of real estate tax liens; shared jurisdiction
with other departments over other property matters; shared jurisdiction with
other departments over matters arising out of local planning boards and zoning
boards of appeal; shared jurisdiction with the Superior Court department over
the processing of mortgage foreclosure cases, determining the military status
of the mortgagor; superintendency authority over registered land offices in
each registry of deeds.
Boston Municipal
Court
Most criminal offenses not requiring the imposition
of a state prison sentence; for cases in which a prison sentence is mandated,
the Court may conduct probable cause hearings to determine whether offenses
will be transferred to the Superior Court; civil jurisdiction including contract
and tort actions, cases remanded from the Superior Court, small claims, mental
health commitments, summary process, supplementary proceedings, unemployment
compensation appeals, paternity and support actions and domestic abuse actions;
jurisdiction over findings of the State Police Trial Board, equitable jurisdiction
in lead poisoning prevention, landlord interference with quiet enjoyment or
failure to provide utilities, family abuse prevention, sanitary code, and
residential nuisances.
Housing Court
Department
Jurisdiction over the use of any real property
and activities conducted thereon as such use affects health, welfare, and
the safety of any resident, occupant, user or member of the general public.
Juvenile Court
Department
Delinquency; children in need of services (CHINS);
care and protection petitions; adult contributing to the delinquency of a
minor cases; adoption; guardianship; termination of parental rights proceedings;
youthful offender proceedings.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $538,151,959 for the
Judiciary.
DISTRICT ATTORNEYS
The offices of the eleven District Attorneys,
who are popularly elected to terms of four years, represent the Commonwealth
in criminal prosecutions. Each office has jurisdiction over every crime committed
within its district, unless the office of the Attorney General chooses to
exercise its prosecutorial authority. The eleven districts are the Suffolk
District (Suffolk County), the Northern District (Middlesex County), the Eastern
District (Essex County), the Middle District (Worcester County), the Western
District (Hampden County), the Northwestern District (Franklin and Hampshire
Counties), the Norfolk District (Norfolk County), the Plymouth District (Plymouth
County), the Bristol District (Bristol County), the Cape and Islands District
(Nantucket, Dukes and Barnstable Counties), and the Berkshire District (Berkshire
County). The District Attorneys also
represent the counties within their districts in some civil suits and investigate
possible violations of the open meeting laws.
The District Attorneys' offices support specialized
units for domestic violence and child abuse. Each office employs a number of victim and
witness advocates who assist victims of crimes with guidance, emotional and
legal support as well as advice regarding restitution, and may maintain one
or more educational programs for the public, police and social service agencies.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $76,635,400 for the
District Attorneys.
EXECUTIVE
The Governor is the Chief Executive Officer
for the Executive branch of government in Massachusetts. In addition to his
or her managerial duties, the Governor represents the people of the Commonwealth
and their interests to other states and to the Federal government. The budget
for the Executive funds the Offices of the Governor and Lieutenant Governor,
as well as the expenses of the Executive Council and the Governor's Commission
on Mental Retardation, which oversees the policies and practices of the Department
of Mental Retardation.
The Constitution directs the Governor to present
annual budget recommendations to the Legislature and grants the Governor the
authority to veto items of expenditure within appropriations acts sent for
his or her approval. The Governor approves or vetoes all enacted legislation,
nominates judicial officers and is the Commander-in-Chief of the Massachusetts
National Guard. Six cabinet secretaries, appointed by the Governor, each head
an Executive office, developing and implementing the Governor's policies and
managing the activities of agencies under their jurisdiction.
The Executive, or Governor's, Council is composed
of eight members who are independently elected for two-year terms and who
meet on a weekly basis. The Council approves certain gubernatorial and judicial
appointments, pardons, commutations and eminent domain takings. Furthermore,
it approves all payments by the Commonwealth and lends advice or approval
to the Governor as required by law or as requested.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $5,312,247 for the Executive.
SECRETARY OF STATE
The Secretary of the Commonwealth
is the principal information officer for the government of Massachusetts.
The Office of the Secretary of State, established in the Massachusetts
Constitution, is responsible for administering elections, maintaining and
supervising public records, regulating securities and corporations, providing
public information, publishing state statutes and regulations, operating the
Commonwealth museum and preserving historic items through the State Archives
and Massachusetts Historical Commission.
The State Secretary also has
oversight of the 13 Registries of Deeds located throughout the Commonwealth
where public deeds and documents are filed.
The Secretary of State oversees each Registry but the Registers remain
independently elected officials and have the responsibility for the management
of their registry.
The Address Confidentiality Program (ACP),
created as its own line item in Chapter 409 of the Acts of 2000, sets up confidential
mailing addresses for victims of sexual abuse, assault, rape, and stalking.
This line item was not included in the FY02 document since sufficient
dollars from its previous year were still available.
In FY03 the line item is included in the SWM document, funded at its
fiscal year 2002 level of spending.
Elections Administration
The Elections Division administers state elections
by distributing and receiving nomination papers and petitions for ballot questions,
by printing ballots, and by compiling election results. The Division also
oversees the work of 351 local election offices, who conduct state and local
elections, register voters, and certify petition signatures. In addition,
the Division provides election information to local officials, candidates
and voters through voter information packets, a toll-free statewide telephone
system, and dozens of publications available online and by mail.
Regulating Securities and Corporations
The Securities Division adopts and periodically
updates rules and regulations to ensure that investors are adequately protected
and that unreasonable burdens on legitimate capital raising activities are
avoided. The Securities Division includes the Corporate Finance Section, the
Licensing Section and the Enforcement Section. The primary mission of the Massachusetts Securities
Division is investor protection. Consistent with that mission, the Division
works to ensure a free and competitive securities market in Massachusetts,
thereby increasing investor confidence, encouraging the formation of capital,
and supporting the creation of new jobs in the Commonwealth.
The Corporations Division is the repository
for the records of over four hundred thousand business and nonprofit corporations
registered to do business in the Commonwealth. In addition, the Corporations
Division maintains filings and records from limited partnerships, business
trusts, limited liability companies, limited liability partnerships, service
marks, trademarks, and filings regulated under the uniform commercial code.
Public Records and Historic Preservation
The historical documents and state papers of
the Commonwealth, ranging from colonial charters to present-day legislative
acts, are housed in a facility at Columbia Point in Dorchester, which includes
the State Archives, the State Records Center and the Commonwealth Museum. The Secretary's Public Records Division administers
and enforces the state Freedom of Information Act and files other important
state records, including the financial disclosure reports of lobbyists.
The Massachusetts Historical Commission protects
the State's historic structures through nominations to the State and National
Registers of Historic Places, reviews developmental impacts, and consults
with local historical agencies and private developers.
The Senate recently passed two separate bond
authorizations for the Massachusetts Preservation Projects Fund (MPPF),
which will provide grants to municipalities for historic preservation of properties,
landscapes, and sites.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $36,217,226 for the
Office of the Secretary of State.
OFFICE OF THE TREASURER
The Office of the Treasurer
and Receiver-General oversees the management of the Commonwealth's cash resources,
investing and disbursing funds on behalf of the State. The Treasurer is responsible
for paying the bills of state agencies and for processing checks and deposit
notices yearly to vendors, state employees and retirees. The Treasurer is
also responsible for managing the state debt as well as short and long-term
investments. Popularly elected to terms of four years, the Treasurer serves
as Chair of the Massachusetts Lottery Commission, the State Retirement Board,
the Pension Reserve Investment Management Board, the Massachusetts Convention
Center Authority, the Emergency Finance Board and the Massachusetts Water
Pollution Abatement Trust.
Debt Management
The Treasurer is responsible for managing the
State's cash flow and capital financing needs by orchestrating the issuance
of Commonwealth debt. Within the Treasury,
the Office of Debt Management administers the issuance, redemption and payment
of interest on state bonds and notes.
The funds required to meet interest expenses
and principal payments related to the sale of bonds are appropriated in the
debt service accounts. When the Commonwealth
issues bonds to investors, it agrees to pay investors a fixed rate of interest
for a fixed number of years. The fact that the interest rate is fixed makes
these bonds attractive because their return is predictable. The term “debt
service” simply refers to the Commonwealth’s obligation to pay the interest
and principal amounts owed to investors on bonds issued by the Treasury.
The interest is the “charge” for the privilege of borrowing money,
typically expressed as an annual percentage rate.
Pension
Fund Management
The
Pension Reserves Investment Trust (PRIT) Fund is a pooled investment fund
established to invest the assets of the Massachusetts State Teachers’ and
Employees’ Retirement Systems, as well as the assets of county, authority,
district, and municipal retirement systems that choose to invest in the Fund.
The PRIT Fund was created by the Legislature in December 1983 with a mandate
to accumulate assets through investment earnings and other revenue sources
in order to reduce the Commonwealth’s significant unfunded pension liability,
and to assist local participating retirement systems in meeting their future
pension obligations. The Pension Reserves
Investment Management (PRIM) Board is charged with the general supervision
of the PRIT Fund. The Treasurer and Receiver-General of the Commonwealth is
a member ex officio and serves as the Chair.
There are 106 contributory
retirement systems in the Commonwealth, including the State and Teachers retirement
systems. The Public Employee Retirement
Administration Commission (PERAC) was created for and is dedicated to
the oversight, guidance, monitoring and regulation of these public pension
systems. The purpose of these pension
systems, and the reason for their oversight, is to guarantee benefits to all
qualifying public employees who have dedicated their professional careers
to the service of the people of the Commonwealth.
Addressing
the Pension Schedule
The Treasurer and Receiver
General’s budget also includes the pension appropriation, the objective of
which is to eliminate the Commonwealth’s unfunded pension liability. In order to accomplish this task, a long-term
schedule for funding the payment of current pensions as well as the payment
of debt accumulated from past pension shortfalls must be agreed upon between
the administration and the legislature. In the final months of fiscal year 2002, this schedule was responsibly
addressed, pushing back the targeted year for the elimination of the liability
in order to create a savings of $130 million. These savings will be reallocated, preserving
services and programs that would otherwise be in jeopardy during difficult
fiscal times.
Massachusetts Cultural Council
The Massachusetts Cultural Council promotes
excellence, access, education and diversity within the arts, humanities and
sciences throughout the State by providing support services and awarding grants
to local cultural councils in every city and town, to thousands of non-profit
cultural organizations and schools, and to individual practitioners. The Massachusetts Cultural Council receives
and distributes federal funds from the National Endowment for the Arts.
Lottery Commission
The Lottery Commission is charged with the operation
of the Massachusetts State Lottery, which creates a source of revenue for
cities and towns struggling with the ever-increasing demand for municipal
services and the tight constraints on local revenue. In FY02, the lottery will deliver $778 million in unrestricted aid
to cities and towns. This money subsidizes
schools, roads, municipal police and fire departments, among other local services.
The profits of the lottery also support cultural
grants through Massachusetts Cultural Council and certain other local activities
funded through the Local Aid Fund.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $3,704,316,450 for the
Office of the Treasurer and Receiver General, including pensions and debt
service.
AUDITOR
The Auditor of the Commonwealth is an elected
official, required by the state Constitution to audit the activities and operations
of every state entity at least once every two years and to report any findings
and recommendations to the citizens of the Commonwealth. The Auditor is also
authorized to examine the records of any vendor providing services to or on
behalf of the Commonwealth. Most importantly, the office of the State Auditor
acts as a catalyst, helping to improve the state's fiscal management and making
sure that government-funded programs are working efficiently and effectively.
The Division of Local Mandates within the Auditor's
office ensures that the Commonwealth approves no law, rule or regulation that
would impose cost obligations upon local communities.
The Auditor also ensures compliance with the
1993 Privatization Act, which requires that privatization occur only when
the Administration can show that it will actually save money and preserve
the quality of public services.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $14,985,403 for the
Auditor.
ATTORNEY GENERAL
The Attorney General is the
Commonwealth's chief legal officer. His
staff of assistant attorneys general, investigators, paralegals and support
personnel defends all civil lawsuits against the Commonwealth and initiates
suits on the Commonwealth's behalf in a wide range of cases affecting the
public interest. The Attorney General prosecutes criminal cases having statewide
importance or impact and assists the offices of the eleven District Attorneys.
The Attorney General also issues opinions on legal questions posed by the
Legislature, the Governor or state agencies.
The Attorney General's responsibilities include enforcing the Commonwealth's consumer protection, civil rights, environmental and anti-trust laws, representing consumers in utility and insurance rate proceedings, regulating public charities to protect against fraud, waste and abuse in the use of charitable funds, enforcing compliance with the state's campaign finance laws and reviewing new town by-laws.
In addition, the Attorney General administers the Commonwealth's program of compensation to victims of violent crimes, which provides some monetary restitution to persons who have suffered physical or psychological injury as a result of crimes.
In fiscal year 2003, the Senate
transfers the Bureau of Special Investigations to the Attorney General. BSI is charged with investigating and identifying
welfare fraud and recouping state welfare dollars received through fraudulent
means.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $35,131,880 for the
Attorney General.
STATE ETHICS COMMISSION
The State Ethics Commission is the initial civil
enforcement and advisory agency for the Commonwealth's conflict of interest
and financial disclosure laws.
The conflict of interest law applies to all
employees of state, county and municipal government, and regulates the conduct
of public officials and employees.
The financial disclosure law requires public
officials, political candidates, and certain designated public employees to
file annual statements disclosing their principal financial interests.
The Commission provides information related
to the laws through educational seminars and publications. Its legal division
also advises public employees by answering telephone inquiries and writing
advisory opinions. The enforcement
division reviews complaints concerning officials' conduct to determine whether
to initiate disciplinary action.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $1,414,608 for the State
Ethics Commission.
INSPECTOR GENERAL
The Office of the Inspector General, created
in 1981 in the wake of a major construction procurement scandal, is responsible
for preventing and detecting fraud, waste and abuse in the expenditure of
public funds. The Inspector General
has legal authority to supervise, coordinate, and conduct audits and investigations
of programs and operations involving the expenditure of public funds. He or she may also have access to all printed
correspondence, data and materials maintained by or available to any public
body involved in the expenditure of funds.
When the Inspector General has reasonable grounds
to believe that there has been a violation of federal or state criminal law,
he must report that violation to the Attorney General. The Inspector General may refer audit or investigative
findings to the State Ethics Commission or to any other state or federal agency
that may have an interest in the findings. The Inspector General Council must authorize
these referrals. Additionally, if
authorized by the Attorney General, the Inspector General may sue to recover
funds on behalf of the Commonwealth.
The Inspector General, appointed by vote of
the Governor, the Auditor and the Attorney General, is eligible to serve two
five-year terms. The Inspector General
Council, consisting of the Attorney General, the Auditor, the Secretary of
Public Safety, the Comptroller, an attorney nominated by the Speaker of the
House of Representatives and appointed by the Attorney General, a person with
business or accounting experience nominated by the President of the Senate
and appointed by the Auditor, and two members of the general public nominated
by the minority leaders of both branches of the Legislature and appointed
by the Governor, approves requests for subpoenas, referrals of cases to agencies
other than the Attorney General or United States Attorney, and requests for
budgets and federal funds. The Council
also determines the Inspector General's salary and provides other assistance
and consultation as deemed necessary.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $1,922,188 for the Office
of the Inspector General.
OFFICE OF CAMPAIGN AND POLITICAL FINANCE
The Office of Campaign and Political Finance
(OCPF) is responsible for administering and enforcing the Massachusetts campaign
finance laws. The Office is headed by a Director, appointed to a six-year
term jointly by the Secretary of State, the state chairs of the two major
political parties and a law school dean designated by the Governor.
OCPF receives, maintains and makes publicly
available campaign finance reports of candidates for state office and of political
committees at the state level. The Office also issues regulations, provides
advice regarding the campaign finance laws to candidates, committees, local
officials and the public, and administers the state's system of limited public
financing of campaigns for statewide office.
Finally, OCPF investigates alleged violations
of the campaign finance laws. If it determines that a violation has occurred,
the Office may enter into a disposition agreement or may refer the case to
the Attorney General for prosecution.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $1,089,292 for the Office
of Campaign and Political Finance.
OFFICE
OF THE STATE COMPTROLLER
The Office of the State Comptroller (OSC) oversees
all accounting policies, practices and fiscal management functions for the
Commonwealth. The Governor appoints the Comptroller for a coterminous period.
OSC operates the state accounting system, administers the annual comprehensive
audit that is a requirement of all states receiving federal funds, and prepares
the financial reports of the Commonwealth. The Office additionally holds an annual Chief
of Financial Officers’ Conference, which provides a forum for the Commonwealth’s
department chief financial officers to share ideas surrounding e-government,
state finance, internal controls, and the current budgetary and economic situation.
An advisory board must review all rules and
regulations promulgated by the Comptroller. This board is chaired by the Secretary
for Administration and Finance and includes the State Treasurer, the Attorney
General, the State Auditor, the Chief Administrative Justice of the Trial
Court and two persons appointed by the Governor.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $7,930,392 for the Office
of the State Comptroller.
EXECUTIVE
OFFICE FOR ADMINISTRATION
AND FINANCE
The
responsibilities of the Executive Office for Administration and Finance (A&F)
fall under the broad directives of devising statewide financial and management
policy and overseeing its implementation. The eighteen agencies and offices
within A&F are responsible for administering and supervising fiscal, programmatic
and personnel policies. A&F’s
responsibilities include state budget implementation and the monitoring of
agency expenditures during the fiscal year as well as the enforcement of the
Commonwealth's tax laws and collection of tax revenues. Policies governing the management and benefits
of state personnel are within the scope of A&F, as are the administration
of the civil service system and the implementation of executive orders concerning
equal opportunity. A&F is also responsible for overseeing certain areas
of the state's technological and capital investments.
A&F
oversees the following offices and divisions:
The Massachusetts Office of
Dispute Resolution (MODR) provides mediation, arbitration, facilitation, case evaluation
and alternative dispute resolution training to public agencies, municipalities,
the courts and citizens of the Commonwealth using MODR staff and private sector
neutrals. MODR additionally provides
negotiation skills and resolution training to state and municipal employees
and officials.
The Central Business Office (CBO) provides human resources,
financial services and web and business technology services to small state
agencies whose current budgets do not accommodate staff to perform these functions.
CBO works to streamline the business support services it provides to
fifteen state agencies and is funded in FY03 through an intergovernmental
chargeback account.
Fiscal Affairs Division (FAD) is responsible for developing
the Governor’s annual budget recommendation submitted to the Legislature for
consideration. FAD weighs the fiscal
impact of existing and new legislation against incoming revenues and compiles
reports on the fiscal health of the Commonwealth. Federal grants, trust funds and foundation
grants are also within the scope of the FAD's oversight.
The Division of Capital Asset
Management and Maintenance (DCAMM) is responsible for the planning, repair, construction,
capital budgeting, real property acquisition, disposition and leasing of the
Commonwealth's facilities, including its colleges and universities, hospitals,
courthouses, prisons, police stations, recreation centers and other specialized
facilities. DCAMM manages approximately $200
million annually in new construction and renovation projects. Additionally,
the Division is managing the redevelopment of over 3,700 acres of surplus
state property.
The Bureau of State Office Buildings
(BSOB) provides a range of services to buildings including the McCormack,
Saltonstall, Hurley, Pittsfield and Springfield buildings, as well as to the
State House. BSOB is responsible for
monitoring and managing private contractors who clean and maintain the buildings,
providing pest control and life safety systems. The Bureau also organizes and supervises all
State House events.
The Office on Disability
conducts training programs for both employers and the disabled. These programs seek to involve the disabled
in all aspects of life and teach prospective employers how to incorporate
the skills of the disabled in their work force. The Office on Disability is
also responsible for monitoring enforcement of the Federal Americans with
Disabilities Act.
The Disabled Persons Protection
Commission (DPPC) is charged with the investigation of instances involving
the abuse of persons who, due to a mental or physical disability, are dependent
on others for daily living needs. The Commission investigates abuse of disabled
persons in state-operated facilities and private hospitals, as well as cases
of abuse by families or caretakers. In addition to remedying abusive situations,
DPPC also ensures that victims of abuse are protected. DPPC conducts its own
investigations and reviews investigations conducted by law enforcement agencies
and other state agencies. DPPC runs a 24-hour hotline and works to inform
disabled people and human service providers of its services and goals.
The Civil Service Commission
is a quasi-judicial administrative body that has investigatory responsibilities
and hears and determines appeals regarding the merit system in public employment. The Commission protects the rights of the non-union
employees of the Commonwealth.
The Division of Administrative
Law Appeals (DALA) conducts adjudicatory hearings of appeals to or from
state agencies, or as a result of a notification of intended state agency
action. The Division hears cases relevant
to decisions made by a range of agencies including the State Retirement Board,
the department of Mental Retardation, and the Boards of Medicine and Registration.
The Massachusetts Commission
Against Discrimination (MCAD) enforces the civil rights laws and regulations
of the Commonwealth in both the public and private sector. MCAD pursues its
anti -discrimination mandate through the resolution of complaints of discrimination
in areas of employment, housing, public accommodations, services, credit and
education. MCAD also advises the Governor’s
cabinet concerning the policy and practices of the affirmative mandates in
employment, housing, construction contract compliance and minority and women-owned
business enterprises.
The Department of Human Resources
(HRD) conducts testing and training programs for Commonwealth employees. HRD
administers civil service tests, including public safety exams for firefighters
and police officers. The HRD classification unit standardizes wages and job
responsibilities for civil service employees. The Department also offers human
resource and development courses and manages a performance recognition program.
The Information Technology
Division (ITD)
sets information technology standards and plans, designs and operates information
technology systems. ITD also manages
the Commonwealth’s mailing operations, and is responsible for the launching
of Mass.Gov, the new Massachusetts statewide portal. Offices within the division include the Operational
Services Bureau, Enterprise Applications Bureau, Commonwealth Information
Warehouse, Strategic Planning Group and Technology Finance Group.
A&F is the secretariat under which quasi-judicial
agencies serve as forums for appeals of decisions made by other governmental
bodies. The Appellate Tax Board (ATB) hears appeals from the decisions
of any state or local taxing authority.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $254,589,579 for the
Executive Office of Administration and Finance, not including Veterans Services,
Department of Revenue and Group Insurance Commission.
Department of Veterans Services
The Department of Veteran Services (DVS) is
the state agency responsible for addressing the concerns of veterans and their
families. The agency promotes awareness
of the employment needs and qualifications of veterans, as well as their entitlement
to tuition-free education at state institutions. DVS maintains nine outreach centers across
the Commonwealth, providing employment assistance, peer counseling, referrals
service and housing services. DVS
also funds 16 shelters and transitional housing programs and, recently, opened
a state veterans’ cemetery in Agawam.
Veterans who do not receive benefits such as
unemployment, worker's compensation, federal assistance or Medicaid are eligible
for benefits issued by local agents in cities and towns. This monetary aid
helps to provide food, clothing, shelter, utilities and insurance, as well
as medical service and burial. Veterans
who are permanently disabled as a result of a wartime incident as well as
dependents of veterans who died in combat are eligible for a $1,500 annuity
funded through the Department. DVS
also receives an annual appropriation that is devoted to expanding and supporting
a network for women veterans throughout the Commonwealth, increasing the awareness
of benefits available to all veterans.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $29,113,715 for the
Department of Veterans Services.
Group
Insurance Commission
The Group Insurance Commission is a quasi-independent
state agency that provides and administers health insurance and other benefits
to the Commonwealth’s employees and retirees, as well as to their dependents
and survivors. The GIC also covers
personnel from housing and redevelopment authorities, retired employees in
certain governmental units and retired municipal teachers. The Commission is comprised of eleven members,
encompassing a range of interests and expertise including labor representatives,
retirees, public members, executive branch representatives and a health economist.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $799,152,547 for the
Group Insurance Commission.
Department
of Revenue
The Department of Revenue performs functions
including and pertaining to the collection of taxes. In an effort to maintain and increase the Department’s efficiency
in this mission, it continues to offer and enhance paperless filing methods,
including telefile and efile options. The
Department also serves citizens of the Commonwealth by providing an extensive
list of tax law changes on its website highlighting increased deductions to
taxpayers. Additionally, DOR compiles a variety of reports
detailing the periodic and projected collections of revenue, and estimates
the likely costs of proposed legislation and changes to tax laws.
Within DOR exist several divisions responsible
for investigating, collecting and managing the Commonwealth’s fiscal resources.
The Division of Local Services provides financial oversight
and assistance to cities and towns by certifying free cash, assisting municipalities
in making revenue and expenditure projections, and certifying tax rates. The
Division also provides access and training for the Computer Assisted Massachusetts
Appraisal and Tax Administration System.
DOR's Child Support Enforcement Unit collects delinquent child
support payments on behalf of custodial parents.
CSE is charged to pursue child support payments for recipients of state
assistance, thereby ensuring that non-custodial parents’ financial obligations
are not an additional financial burden to the state welfare system.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $263,702,170 for the
Department of Revenue.
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
The Executive Office of Environmental
Affairs (EOEA) is responsible for the protection, preservation, and regulation
of the natural resources and environmental integrity of the Commonwealth.
Offices within the secretariat include the Massachusetts Environmental Policy
Act (MEPA) Office, the Coastal Zone Management (CZM) Office, the Geographic
Information System (GIS) Office, the Office of Technical Assistance for Toxic
Use Reduction, and the Division of Conservation Services.
EOEA also oversees the operations of the following
five departments:
The Department of Environmental Management
(DEM) is the Commonwealth's principal land management and natural resources
planning agency. DEM oversees the
nation's ninth largest forest and park system, including 144 staffed recreation
areas, 20 swimming pools, eight ocean beaches, eight urban heritage state
parks, 1,894 miles of state forest and park, and 28 modern camping areas.
The Department of Environmental Protection
(DEP) administers the state's environmental regulatory programs for the protection
of air, water, and land resources. DEP is organized into three bureaus: Resource
Protection, Waste Prevention, and Waste Site Cleanup.
The Department of Fisheries, Wildlife and
Environmental Law Enforcement (DFWELE) preserves the state's marine and
freshwater fisheries, wildlife species and rare or threatened plants. In addition
to identifying critical ecosystems, acquiring land and restoring habitat,
DFWELE enforces all environmental protection laws and issues licenses for
hunting and fishing. The Commissioner’s
office oversees the divisions of Fisheries and Wildlife, Law Enforcement,
Marine Fisheries, the Public Access Board, and the Riverways Program.
The Metropolitan District Commission
(MDC) manages and operates 20,000 acres of parkland and reservations, in addition
to river ways, dams, beaches, golf courses, swimming pools, skating rinks
and other recreational facilities within the metropolitan Boston area. The
MDC is also responsible for a vast watershed and reservoir system including
120,000 acres of property and such water resources as the Quabbin and Wachusett
Reservoirs. These areas provide the water supply for over two million Massachusetts
residents as well as habitat for rare and endangered species.
The Department of Food and Agriculture
(DFA) coordinates programs to preserve farmlands, reduce the use of pesticides
and promote food and farm products produced in the Commonwealth.
Open
Space Acquisition
In fiscal year 2002, the legislature created
the Open Space Acquisition Fund, designated for use by EOEA to fund existing
environmental programs that purchase open space lands. 15% of statewide end-of-year surpluses are
directed to the fund, creating a permanent annual funding source dedicated
to the Commonwealth’s biodiversity and habitat conservation, water supply
protection, acquisition of outdoor recreation parklands, and farm and forest
land preservation.
Commonwealth Zoological Corporation
In mid-April of this year, the Senate passed
over $900 million in five-year bond authorizations for the Executive Office
of Environmental Affairs and the departments within the secretariat. $18 million is allocated over three years for
capital costs of the Commonwealth Zoological Corporation, which includes the
Stoneham Zoo and the Franklin Park Zoo. With
this funding the Senate proposes to maintain the same level of financial commitment
to the zoos that the Commonwealth has provided since fiscal year 1998.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $195,477,175 for the
Executive Office of Environmental Affairs.
Massachusetts Water Resources Authority
The Massachusetts Water Resources Authority
(MWRA), an independent public authority, is charged with ensuring the region's
compliance with the Federal Clean Water Act.
The Authority is located within, but not subject to the control of,
EOEA.
The MWRA is governed by a Board of Directors,
who are appointed by the Governor, member communities and the Secretary of
Environmental Affairs, who Chairs the Board. The Authority provides wholesale
water and sewer services to 61 Massachusetts cities and towns; 48 additional
communities purchase water services from the MWRA and 43 communities purchase
sewage disposal and treatment. The MWRA is responsible for the $3.8 billion
dollar Boston Harbor Clean-up Project, which includes construction of the
new Deer Island treatment facility, a submerged tunnel across Boston Harbor
connecting Nut and Deer Islands, an effluent outfall tunnel, and sewage residual
management facilities.
The Division of Medical Assistance
Historical Perspective
The Division of Medical Assistance, established
in 1993 as an independent state agency, operates under the Executive Office
for Health and Human Services and is responsible for administering the state’s
Medicaid program and Children’s Health Insurance Program, commonly known together
as MassHealth. Through this program, nearly 1,000,000 residents of the Commonwealth
currently receive health care benefits that they would not have access to
without public assistance. Members
typically are offered access to physician visits,
prescription drugs, hospital stays, and various other life-preserving services.
Virtually all of the Division’s expenditures are eligible for partial
reimbursement by the federal government at a minimum rate of 50%.
This means that every two dollars worth of benefits provided by the
program cost the state a single dollar.
While state public health insurance
programs have existed for decades, MassHealth has experienced significant
change in recent years, both in increased enrollment and in the addition of
comprehensive benefit programs. The
first 20 years of the state’s Medicaid program, which commenced in 1968 under
the Department of Public Welfare, passed without any significant changes.
Benefits were provided to a very limited group of children, extremely poor
families and disabled individuals based on very strict financial guidelines.
However, a push for Universal Health Care coverage in the late 1980s
began a sequence of successful attempts at increasing the magnitude of our
Medicaid program. Despite the repeal of the state’s 1988 Universal Health
Care law in the early 1990s, progressive healthcare legislation throughout
the 1990s propelled us significantly closer to achieving the spirit of that
law, taking monumental strides in the effort to reduce the number of uninsured
individuals in the state.
In 1990, the state’s Medicaid program covered
only 550,000 people, at a time when the state’s rate of uninsured fluctuated
between 10 and 14 percent. Individuals
without preventive, comprehensive insurance coverage were being charged off
at enormous costs to the state’s Uncompensated Care Pool, which at the time
was funded solely by hospitals and insurers.
Pool expenditures were skyrocketing, increasing by over $100,000,000
within the 4-year period from 1992-1995.
At the same time, the Medicaid program was experiencing only minimal
and often negligible increases in expenditures per member. These moderate increases are generally attributed
to innovative changes in the administration and structure of the Medicaid
program. One of the most lauded modifications has been the implementation
of a Managed Care system and the departure from the traditional “fee-for-service”
based program. Introduced in 1992,
the Managed Care program now covers over 630,000 MassHealth
members who are enrolled in either a Managed Care Organization or in a Primary
Care Clinician plan. Both of these options offer substantial savings to the state and
provide members with increased access to provider networks.
Health
Care Reform
Despite the innovations mentioned above, as
many as 800,000 individuals did not have access to any type of health insurance
and were increasingly threatening the stability of the state’s health care
system. In 1996, the legislature responded
to this growing problem by passing the McDonough-Montigny legislation, extending
benefits to low-income children, families and certain unemployed individuals,
and creating a prescription drug program for seniors and the disabled.
Subsequent legislation passed over the next few years extended benefits
to a greater number of families, employees of small businesses, and individuals
diagnosed with HIV/AIDS. As a result
of this expansion, Massachusetts has one of the most comprehensive Medicaid
programs in the country, providing essential care to the most needy residents
in the Commonwealth. Statistics easily
delineate the success of these reforms:
Ø
The number of uninsured children
has dropped dramatically from 5.8% to 2.8%, and the number of uninsured adults
is now less than 6%;
Ø
Over 110,000 additional children
have enrolled in Medicaid programs that were authorized by the Legislature
during the mid-to-late 90s;
Ø
Massachusetts has been ranked
among the top three states in the nation for its progress in enrolling children
in public health insurance programs;
Recent expenditure growths have caused some
concern and have earned the Medicaid program the unfortunate title of “budget
buster”. It is not coincidental, nor
unreasonable, that MassHealth expenditures have grown with the expansion of
the program. The Legislature has monitored
this growth, and with enrollment and spending levels doubling since the early
1990s, has approved several cost-containment initiatives that save the state
valuable general fund dollars. The
most lucrative of these efforts have been the aggressive audits of fraudulent
claims and reduction in waste. Through
these reviews, the state avoids over $1 billion in cost each year. More recently, efforts have been made to provide
care in the most cost-efficient setting, while maintaining the quality of
life for those served by the Division. The Division has also made significant
progress in providing seniors and disabled individuals with the option of
receiving community-based care, rather than requiring care to be provided
in a more costly institutional setting.
MassHealth
Standard
The most comprehensive of the Medicaid programs,
the Standard benefit package is offered to low income families and children,
pregnant women, low-income seniors and certain disabled adults. There are 840,000 people enrolled in the MassHealth
standard program. Individuals under
age 65 are generally enrolled in one of the Division’s managed care programs.
Members are charged low co-pays for non-emergency services and receive
a full range of preventive health care benefits, including: inpatient and
outpatient services, pharmaceuticals, physician services and durable medical
equipment. While the cost of providing care to these members
has increased over the last several years, these increases are comparable
to those seen in private insurer premiums.
If their health requires, seniors and some disabled
members are placed into either a long-term care facility, such as a nursing
home, or are given the option of receiving community-based care. Recent lawsuits at the federal level have made
it clear that priority should be given to providing comprehensive care in
the least restrictive setting possible. Placing members in community-based
settings also saves the state a considerable amount of money, as per member
nursing homes expenditures are more than six times the average cost of providing
care in alternative settings. Currently,
just over 36,000 seniors are in institutionalized settings while over 67,000
receive care through various community-based options, including: personal
care attendants, private duty nursing, adult foster care and home health services.
Certain disabled members receive benefits through
the CommonHealth program, which provides a comparable benefit package to MassHealth
Standard, however members in this population with incomes over 200% of the
Federal Poverty Limit pay sliding-scale premiums and may be subject to a one-time
deductible in order to be eligible to receive services.
MassHealth
Basic
The MassHealth Basic program provides benefits
to 60,000 long-term unemployed individuals at or below 133% of the FPL.
These individuals are often marginally disabled or mentally retarded
and are unable to work. Members are required to enroll in a managed
care plan and are eligible for all MassHealth Standard benefits with the exception
of non-emergency transportation and long term care facilities. The Division of Health Care Finance and Policy
estimates that this program reduces expenses in the Uncompensated Care Pool
by as much as $160 million per year.
MassHealth
Family Assistance
Also known as the Children’s Health Insurance
Program, this program provides benefits to children and families with incomes
that are above those allowed by the MassHealth Standard program, but are less
than 200% of the Federal Poverty Limit. Direct
coverage, with benefits comparable to MassHealth Standard, is provided to
children who do not have access to insurance through their parents’ place
of employment. Premium assistance
is offered to families that have access to employer-sponsored health insurance,
which provides a significant savings to the state over enrolling these children
in the direct coverage program. Most
of the 34,000 members enrolled in the MassHealth Family Assistance Program
are charged a nominal monthly premium for each enrollee. Adults with incomes at or below 200% of the FPL, who are otherwise
ineligible for MassHealth but who are working for qualified small employers
(50 or fewer full time employees) may also participate in the Insurance Partnership
Program, which provides premium assistance and reimbursement to both the employee
and the employer.
MassHealth
Limited
MassHealth Limited provides coverage for emergency
services for 28,000 undocumented immigrants, both adults and children, who
would otherwise be eligible for MassHealth standard but for their immigration
status. The services covered are extremely
restricted and are limited to those necessary for acute, medically necessary
conditions, including labor and delivery.
Fiscal Year 2003 Recommended Funding
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $5,729,472,746 for the
Department of Medical Assistance.
The
Tobacco Settlement Fund
Established pursuant to the Master Settlement
Agreement, the resolution of a multi-state lawsuit against the tobacco industry,
the Tobacco Settlement Fund serves as a vital source of revenue for health
care programs in the Department of Public Health, the Division of Medical
Assistance and the Executive Office of Elderly Affairs. As a result of this settlement, the state has
received $850,000,000 over the last 3 years from some of the largest tobacco
companies in the country. Massachusetts
is slated to receive almost $8 billion in the first 25 years following the
decision and will continue to receive payments indefinitely. Legislation drafted in the late 1990s directs
a significant portion of those receipts to the Health Care Security Trust,
an off-budget trust that is intended to provide for the long-term financial
stability of the state’s health care programs. Because this settlement is intended to re-pay
states for the cost of health care services provided to individuals with tobacco-related
illnesses that have been treated by state public health programs, the legislature
has also established that all funds expended will be directed towards health
care related services.
The largest chunk of the expenditure fund is
directed towards the Prescription Advantage Plan, an innovative insurance
program that covers pharmaceuticals for the elderly and disabled populations.
The State has appealed to the federal government to receive federal
reimbursement for a portion of these funds, which would significantly decrease
the costs of the program and would recognize its effectiveness in preventing
more costly acute care services. The state has also been able to step-up its
smoking cessation and treatment efforts, with the legislature appropriating
over $20 million per year to enhance the Department of Public Health’s tobacco
control program.
In fiscal year 2003, the Senate Ways and Means
budget recommends using 80% of the settlement receipts to preserve funding
for vital health care programs.
EXECUTIVE
OFFICE OF HEALTH AND HUMAN SERVICES
Established in 1971 as a cabinet level agency,
the Executive Office of Health and Human Services (EOHHS) provides oversight
to its 15 member agencies. Together,
these agencies provide essential services in order to promote health, safety,
independence, and quality of life to those in need. Those receiving assistance include children
and the elderly, the physically sick and disabled, and the mentally ill and
retarded. The largest secretariat in the Commonwealth,
EOHHS oversaw the expenditure of a $9.1 billion annual budget in fiscal year
2002. The Secretariat has almost 28,500
employees.
EOHHS directs the policy and fiscal affairs
of the following agencies: Division of Medical Assistance, Division of Health
Care Finance and Policy, Massachusetts Commission for the Blind, Massachusetts
Rehabilitation Commission, Massachusetts Commission for the Deaf and Hard
of Hearing, Office of Child Care Services, the Soldier’s Home in Chelsea,
and the Soldier’s Home in Holyoke, Department of Youth Services, Department
of Transitional Assistance, Department of Public Health, Department of Social
Services, Department of Mental Health, Department of Mental Retardation, and
the federally funded Massachusetts Office for Refugees and Immigrants.
Division of Health Care
Finance and Policy
On July 1, 1996, the Massachusetts Rate Setting
Commission and the Department of Medical Security were consolidated to create
the Division of Health Care Finance and Policy (DHCFP). The Division is responsible for the health
care information and pricing and most regulatory functions formerly handled
by the Rate Setting Commission. DHCFP also administers the Uncompensated Care Pool,
a fund that reimburses Massachusetts acute care hospitals and community health
centers for services provided to uninsured individuals. In addition, the Division collects, analyzes
and disseminates information on the healthcare delivery system in Massachusetts
and conducts a bi-annual survey of the number of uninsured individuals in
the Commonwealth.
For fiscal year 2003, the Senate Ways and Means
Committee recommends an appropriation level of $15,084,422 for the
Division of Health Care Finance and Policy.