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1.
2.
3.
Criminal Offender Records Information Request Fees
SECTION 4. Chapter 6 of the General Laws is hereby amended by striking out section 172A, as appearing in section 12 of chapter 149 of the acts of 2004, and inserting in place thereof the following section:—
Section 172A. The criminal history systems board
shall assess a fee of $30 for each request for criminal offender record
information. A fee shall not be assessed for a request from a victim of a
crime, a witness or a family member of a homicide victim, all as defined in
section 1 of chapter 258B, from a governmental agency, or from other persons whom
the board may exempt. Certified agencies that provide services to the elderly,
children, victims of crime, medically infirm persons, or the physically or
mentally challenged shall be assessed a fee of $5 in addition to the agency’s
fee rate on
The board
shall process any request within 30 days of the request. The board shall charge
an additional $10 for any expedited request for criminal record information
which shall be processed within 14 days of the request. No fee shall be charged
if the board does not process a request within the 30 day or 14 day time
period.
Bulk Purchasing of Prescription Drugs
SECTION 5. Chapter
6A
of the General Laws is hereby amended by inserting after section 16B, as so
appearing, the following section:—
Section
16B½. (a) Notwithstanding any
general or special law to the contrary, the secretary of the executive office
of health and human services, in consultation with the secretary of
administration and finance and the secretary of public safety shall develop a
coordinated, aggregate prescription drug procurement plan to manage and
administer the disbursement, payment and reimbursement of prescription drugs,
including claims processing, adjudication and client services for all pharmacy
benefit plans funded or subsidized, in whole or in part by the commonwealth.
The aggregate procurement plan shall separately manage benefits, rules and
functions regarding drug utilization and cost for programs subject to Section
1927(a)(1) of the Social Security Act, Title XIX. This plan shall maximize cost
savings, efficiencies, enhance affordable access to prescriptions and be designed
to improve health outcomes, benefits and coverage in the pharmacy benefit
plans.
(b) Notwithstanding any general or special
law to the contrary, as part of the aggregate procurement plan, the secretary
shall seek competitive bids from third party pharmacy benefits managers who are
interested in providing procurement services to the commonwealth. The secretary
shall consider those pharmacy benefits managers with experience in the
administration of publicly-funded health benefit plans and who are qualified to
assess and manage the clinical efficacy and cost effectiveness of the pharmacy
benefit plans on behalf of the commonwealth. Nothing in this section shall
preclude a not-for-profit entity from participating in the competitive bid
process; provided, that during such competitive bid process, a not-for-profit
pharmacy benefit manager shall demonstrate the capacity to provide the same
level of service quality, assessment and ability to manage the clinical
efficacy and cost effectiveness of the administration of such aggregate
procurement plan as that of a for-profit pharmacy benefit manager; provided
further, that the secretary may establish an inter-governmental service
agreement between or among agencies of the commonwealth for the provision of
pharmacy benefit management services if said not-for-profit pharmacy benefit
manager is selected for the provision of such services; and provided further,
that the secretary may request the aggregate pharmacy benefit manager plan to
disclose information regarding its marketing practices.
(c) A contract currently in existence with
any agency or pharmacy benefits management company shall not be renewed or
extended in a manner inconsistent with this section, but, a contract in
existence with any agency or pharmacy benefits management company shall not be
terminated before its expiration date if the termination would cause
substantial financial cost or service interruption to the commonwealth.
(d) The secretary shall ensure that the
aggregate procurement plan employs clinically-based tools to maximize cost
savings, efficiencies, affordability, and to improve health outcomes and access
to pharmacy benefits and coverage and effectively manage the pharmacy plans of
the commonwealth.
(e) The secretary shall implement the aggregate
procurement plan not later than
(1) cost savings achieved during the
previous fiscal year; (2) administrative costs relating to the management of
the program for the previous fiscal year; (3) any recommendations for enhancing
the benefits provided by each plan, savings costs, reducing inefficiencies and
improving access and quality; and, (4) a cost-benefit analysis of the inclusion
of other governmental entities, including but not limited to county, municipal
and quasi-governmental entities within the aggregate pharmaceutical procurement
plan.
(e) The secretary shall implement the
aggregate procurement plan not later than
(1) cost savings achieved during the
previous fiscal year; (2) administrative costs relating to the management of
the program for the previous fiscal year; (3) any recommendations for enhancing
the benefits provided by each plan, savings costs, reducing inefficiencies and
improving access and quality; and, (4) a cost-benefit analysis of the inclusion
of other governmental entities, including but not limited to county, municipal
and quasi-governmental entities within the aggregate pharmaceutical procurement
plan.
SECTION
6. Section 51 of
chapter 7 of the General Laws is hereby repealed.
Separate Audit Guidelines Codification
SECTION
7. Section 9A of
chapter 7A of the General Laws, as appearing in the 2002
Official Edition, is hereby amended by inserting after the first paragraph the
following paragraph:-
The comptroller shall publish standards for
timely submission of audited financial statements by other audited entities
that are reported in the statutory basis financial report and the comprehensive
annual financial report of the commonwealth in conformity with the standards. The
statements from the entities as determined by the comptroller shall be
submitted in accordance with the standards.
MWRA Fee Exemption I
* SECTION 8. [MWRA-I.NM]
Section 73 of chapter 10 of the General Laws, as amended by chapter 408
of the acts of 2004, is hereby further amended by adding the following
subsection:-
(h)
Sections 5D and 6B of chapter 29 shall not apply to the Trust.
Repeal of Children’s and Seniors’ Health Care Assistance Fund
SECTION
9. Section 2FF of chapter 29 of the General Laws is hereby repealed.
Board of Registration in Medicine Trust Fund
SECTION
10. Section 35M of
chapter 10 of the General Laws, as so appearing, is
hereby amended by striking out, in lines 10 and 11, the words "; but any
unexpended balance at the end of the fiscal year shall revert to the General
Fund".
Quality in Health Professions Trust
Fund I
SECTION 11. Section 35X of said chapter 10, as so appearing, is hereby amended by inserting, after the fourth sentence, the following sentence:- The board shall spend monies deposited into the trust fund exclusively for the purposes set forth in the preceding sentence.
Quality in Health Professions Trust Fund II
SECTION
12. Said
section 35X of said chapter 10, as so appearing, is
hereby further amended by striking out the seventh sentence.
SECTION 13. The General Laws are hereby amended by
inserting after chapter 40R the following chapter:-
CHAPTER 40S
Section 1. As
used in this chapter, the following terms shall have the following meanings:
“Additional chapter 70 aid”, an amount equal to the
actual increase in chapter 70 aid payments that is directly attributable to the
eligible students in the school district.
“Average actual school spending per student”, the
actual, average amount expended per pupil in a municipality, or in a school
district for which the municipality shares the costs, as the case may be, for
the immediately preceding fiscal year, as determined by the department of
education.
“Education percentage”, the average across all communities
in the commonwealth of total education expenditures in relation to total
municipal expenditures as certified as of the end of the preceding fiscal year
by the department of revenue. This
calculation shall be made by summing the education percentages in every community
and then dividing by the number of communities.
“Eligible students”, those children living in new smart growth development that attend local public or charter schools in kindergarten through grade 12.
“Local smart growth revenues for education”, the
education percentage times the sum of local smart growth property tax revenues
plus local smart growth excise tax revenues, each for the preceding fiscal
year.
“Local smart growth excise tax revenues”, the total
excise taxes for the subject year on vehicles garaged at new smart growth
development.
“Local smart growth property tax revenues”, shall be calculated separately for each municipality and shall equal the local levy rate times the amount of assessed valuation due to new smart growth development as certified by the commissioner of revenue pursuant to subsection (f) of section 21C of chapter 59.
“New smart growth development”, any new residential
or commercial development, including the substantial redevelopment of existing
properties, subject to the payment of local property taxes that (a) occurs
in a smart growth zoning district after the adoption of such zoning by the
community, and (b) is permitted under the provisions of the smart growth
zoning district. A redevelopment shall be considered substantial if
its cost exceeds 50 per cent of the building’s pre-renovation assessed value,
or if it constitutes a change in use from non-residential to residential.
“Smart growth zoning district”, a zoning district adopted
by a community for which the community is eligible for density bonus payments under
chapter 40R after approval by the department of housing and community
development, and which remains eligible for these payments.
“Total education cost for eligible students”, the
product of (i) the total number of eligible students in a municipality at the
end of the prior fiscal year, and (ii) average actual school spending per
student. This calculation shall first be
made separately for each school district attended by eligible students, and the
results of such calculations shall then be summed.
Section 2. For
each fiscal year commencing with fiscal year 2007, any city or town that has
established one or more smart growth zoning districts shall receive smart growth
school cost reimbursement from the commonwealth pursuant to this section. This reimbursement shall be calculated
separately for each municipality and shall be equal to the positive difference,
if any, between (i) total education cost for eligible students, and (ii) the
sum of local smart growth revenues for education and additional chapter 70 aid.
Children’s and Seniors’ Fund Technical Change I
SECTION
14. Section 7A of
chapter 64C of the General Laws, as appearing in the 2002 Official Edition, is
hereby amended by striking out subsection (c).
Children’s and Seniors’ Fund Technical Change II
SECTION
15. Section 7B of said
chapter 64C, as so appearing, is hereby amended by striking out subsection (c).
SECTION 16. Chapter 75 of the General Laws is hereby amended by
inserting after section 45, as so appearing, the following section:—
Section 46. There shall be at the
The office of dispute resolution shall be available to
assist agencies and offices of the executive, legislative, and judicial
branches of the commonwealth, as well as any political subdivision or public
instrumentality created by the commonwealth or any county, city, or town,
hereafter referred to as public agencies, to improve the resolution of disputes
that arise within their respective jurisdictions. The office may (a) facilitate
the resolution of disputes through provision of impartial mediation and other
dispute resolution services; (b) establish standards for the selection,
assignment, and conduct of persons acting on behalf of the office in the
resolution of disputes; (c) conduct educational programs and provide other
services designed to reduce the occurrence, scope, complexity, or cost of
disputes; (d) design, develop, or operate dispute resolution programs or to
assist public agencies to improve or extend their existing dispute resolution
programs; and (e) take other action to promote and facilitate dispute
resolution by public agencies in the commonwealth. The director may
establish reasonable fees to be charged to parties, litigants, or public
agencies for the provision of the educational, consultation, dispute
resolution, or other services authorized herein and may apply for and accept on
behalf of the commonwealth any federal, local, or private grants, bequests,
gifts, or contributions to aid in the financing of any of the programs or
activities of the office. Fees, grants, bequests, gifts, or contributions shall
be received by the University of Massachusetts at Boston and deposited in a
separate account and shall be expended, without further appropriation, at the
direction of the director, with the approval of the provost, for the cost of
operation of the office, including personnel. The office may make agreements
with public agencies and officers and may contract with other persons,
including private agencies, corporations, or associations, to carry out any of
the functions and purposes of this section. The office shall annually
prepare a report on the activities of the office, including all income and
expenditures, and file the report with the house and senate committees on ways
and means on or before December 31.
License Plate Transfers to Spouses of Veterans
SECTION
17. The fifteenth
paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is
hereby amended by adding the following sentence:- The surviving spouse of a
deceased recipient may elect to retain the distinctive registration plate for
personal use upon payment of the established registration fee and an additional
$20 fee until the surviving spouse remarries or fails to renew or cancels the
registration.
Technical Correction – Rural Hospital Designation
SECTION 18. Section 52 of
chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is
hereby amended by adding the following definition:-
"Rural
Hospital", means an acute-care hospital, as defined under section 25B and
licensed under this chapter, which: (1) has been designated by
the department as a rural hospital based on bed size, city or town population,
and population density of the city, town, service area or county as determined
by the department through regulation; or (2) is a hospital currently designated
as a Critical Access Hospital by the federal Department of Health and Human
Services in accordance with federal regulations and state requirements.
Long-Term Care Pharmacies
SECTION
19. Section 39C of chapter 112 of the General Laws, inserted by
section 306 of chapter 26 of the acts of 2003, is hereby amended by inserting
after the first sentence the following sentence:—A registered entity shall be considered
a retail pharmacy and not a provider of institutional, residential, or
long-term care services.
Requiring Public Hearings Under Medicaid
SECTION
20. The first paragraph of section 12 of chapter
118E of the General Laws, as appearing in the 2002 Official Edition, is hereby
amended by adding the following sentence:- The division or the department of elder affairs, as
appropriate, shall adopt regulations, in accordance with chapter 30A, for the
administration of its duties and powers and to effectuate the provisions and
purposes of this chapter. Regulations which restrict coverage or covered
services may be adopted only after public notice and hearing.
Community Spouse Resource Allowance
SECTION
21. Section 21A of chapter 118E of the General Laws, as so appearing,
is hereby amended by adding the
following subsection:-
(d)
The division shall establish the maximum community spouse resource allowance
permissible under 42 U.S.C. section 1396r-5(f)(2).
Pediatric Specialty Unit Definition
SECTION 22. Section 1 of
chapter 118G of the General Laws is hereby amended by inserting after the definition
of “Pediatric Hospital”, as so appearing, the following definition:-“Pediatric
specialty unit”, a level 1 burn and
trauma center for pediatrics or a pediatric unit of an acute care
hospital in which the ratio of licensed pediatric beds to total licensed
hospital beds as of
Intergovernmental Transfers – Administrative Clarification
SECTION 23. Section 18 of chapter 118G of the General Laws, as most
recently amended by section 171 of chapter 149 of the acts of 2004, is hereby
further amended by striking out subsection (o) and inserting in place thereof
the following subsection:—
(o) Within the Uncompensated Care Trust Fund, there
shall be established a medical assistance account, administered by the
secretary of the executive office of health and human services, consisting of
any funds directed to the commonwealth from public entities and federal reimbursements
related to medical assistance payments funded by this account. All amounts
credited to this account shall be held in trust and shall be available for
expenditure by the secretary of the executive office of health and human
services to be used for medical assistance payments to entities authorized by
the general court, and for which a public entity has contractually agreed to
direct funds to the account. Any amount
in excess of such medical assistance payments may be credited to the General
Fund and the amount of all such expenditures shall be subject to annual
approval by the general court. The maximum payments from the account shall not
exceed those permissible for federal reimbursement under Title XIX or Title XXI
of the Social Security Act or any successor federal statute. The comptroller
may make payments, including payments during the accounts payable period, in
anticipation of revenues, including receivables due and collectibles during the
months of July and August, and shall establish procedures for reconciling
overpayments or underpayments from the account. Such procedures shall include, but not be
limited to, appropriate mechanisms for refunding public funds directed to the
account and federal reimbursements upon recoupment of any such overpayments.
The executive office of health and human services shall ensure that the
division of health care finance and policy is informed regarding revenue and
expenditure activity within the account and submit to the secretary of
administration and finance and the house and senate committees on ways and
means a schedule of such payments 10 days before any expenditures, and no funds
shall be expended without an enforceable agreement with or legal obligation
imposed upon a public entity to make an intergovernmental transfer in an
appropriate amount to the account.
Department of Agriculture License Renewals I
SECTION 24. Section 14B of chapter 129 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following paragraph:-
No person shall feed garbage to swine without first
obtaining a permit therefor from the director, the fee for which shall be
determined by the secretary of administration and finance. This permit shall expire 12 months from the
effective date of the license unless sooner revoked or renewed.
Department of Agriculture License Renewals II
SECTION 25. Section 39B of said chapter 129, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Every person engaged in operating a guard dog business shall obtain a license therefor from the director, the fee for which shall be determined by the secretary of administration and finance, and the license shall expire 12 months from the effective date of the license unless sooner revoked or renewed.
Department of Agriculture License Renewals
SECTION 26. The first paragraph of section 39C of said chapter 129, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Every person engaged in the hearing dog business shall obtain a license therefor from the director, the fee for which shall be determined by the secretary of administration and finance, and the license shall expire 12 months from the effective date of the license unless sooner revoked or renewed.
Department of Agriculture License Renewals IV
SECTION 27. The first sentence of section 39A of said chapter 129, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Every person engaged in the business of operating a pet shop shall obtain a license therefor from the director, the fee for which shall be determined by the secretary of administration and finance, and the license shall expire 12 months from the effective date of the license unless sooner revoked or renewed.
Permitting Communities to Join or Form Regional Transit Authorities – I
SECTION 28. The first paragraph
of section 9 of chapter 161A of the General Laws, as so appearing, is hereby
amended by striking out the sixth sentence and inserting in place thereof the
following 2 sentences:- Beginning on
Permitting Communities to Join or Form Regional Transit Authorities – II
SECTION 29. Section 3 of chapter 161B of the General Laws, as so
appearing, is hereby amended by striking out the first paragraph and inserting
in place thereof the following paragraph:-
Any
city or town, or group or combination of cities or towns, other than a city or
town included in the Massachusetts Bay Transportation Authority in which the
Authority operates a fixed bus service may and upon compliance with this
section, by majority vote of the city council or majority vote of the town
meeting or majority vote of any other legislative body, respectively, be made
into a body politic and corporate and a political subdivision of the
commonwealth under the name of the municipality within the new authority having
the greatest population, or under any other appropriate regional name agreed to
by a majority of the member municipalities, and followed by the words "Transit
Authority''.
Permitting Communities to Join or
Form Regional Transit Authorities –
SECTION 30. Said section 3
of said chapter 161B, as so appearing, is hereby further amended by striking
out the third paragraph and inserting in place thereof the following
paragraph:-
Any
city or town, or group or combination of cities or towns, other than a city or
town included in the Massachusetts Bay Transportation Authority in which the
Authority operates fixed route bus service or is in an authority established
pursuant to section 14 may, by a majority vote of the city council or of the
town meeting or majority vote of any other legislative body, respectively, and
subject to the approval of the advisory board to a regional transit authority,
join an authority which is not separated from the city or town or group or
combination of cities and towns by more than 1 other municipality.
State Police Interest Arbitration I
SECTION 31. Section 4B of chapter 1078 of the acts of 1973, as most
recently amended by section 100 of chapter 412 of the acts of 1991, is hereby
further amended by striking out the first 4 paragraphs and inserting in place
thereof the following 3 paragraphs:-
If an employee organization duly recognized as
representing the bargaining unit of the uniformed members of the state police
is engaged in successor contract negotiations with the employer which have not
resulted in an agreement, the employee organization shall petition the board to
make an investigation.
If, after an investigation, the board determines that the
negotiations have not resulted in agreement, the board shall notify the
employer and the employee organization that the unresolved issues in the
negotiations shall be resolved by an arbitration before an arbitrator selected
by the employee organization and the employer pursuant to the voluntary labor
arbitration rules and procedures of the American Arbitration Association.
The arbitrator so designated shall establish a hearing
schedule, shall preside over the hearing and shall take evidence.
State Police Interest Arbitration II
SECTION 32. The fifth
paragraph of said section 4B of said chapter 1078 of the acts of 1973, as most
recently amended by section 1 of chapter
726 of the acts of 1985, is hereby
further amended by striking out the second sentence.
State Police Interest Arbitration
SECTION 33. Said fifth
paragraph of said section 4B of said chapter 1078 of the acts of 1973, as most
recently amended by said section 1 of said chapter 726 of the acts of 1985, is
hereby further amended by striking out,
in the fifth sentence, the word “arbitrators” and inserting in place thereof
the following word:- arbitrator.
State Police Interest Arbitration IV
SECTION 34. Section 8A of said chapter 1078 of the acts of 1973, as
most recently amended by section 2 of said chapter 726 of the acts of 1985, is
hereby repealed.
Workforce Training Fund Extension
SECTION
35. Chapter 175 of the acts of 1998 is hereby
amended by striking out section 25 and inserting in place thereof the following
section:—
Section
25. Sections 3A, 20A and 21A shall take effect on
Reporting on Civil Commitment Data
SECTION 36. The second sentence of section 9 of chapter 249 of the acts of 2000 is hereby amended by striking out the word “quarterly” and inserting in place thereof the following word:- semiannually.
Workforce Training Fund Grants Cap Increase
SECTION
37. Chapter 141 of the acts of 2003 is hereby
amended by striking out section 79 and inserting in place thereof the following
section:—
Section
79. Section 11 shall take effect on
Parking Garage Revenues
SECTION
38. Chapter 26 of the Acts of 2003 is hereby
amended in section 439 by striking out the last clause thereof.
MassHealth Enrollment Caps Authorization Repeal
SECTION 39. Section 632
of chapter 26 of the acts of 2003 is hereby repealed.
Pay for Public Employees in Active Service in the Armed Forces
SECTION 40. Section 21 of chapter 137 of the acts of 2003 is hereby repealed.
Technical Correction – Medicaid Accounts Payable
SECTION
41. Item 4000-0300 of
section 2 of chapter 149 of the acts of 2004, as amended by section 82 of
chapter 352 of the acts of 2004, is hereby further amended by inserting after
the words “primary care provided to MassHealth members” the following words:- ;
provided further, that notwithstanding any general or special law to the
contrary, funds in items 4000-0430, 4000-0500, 4000-0600, 4000-0620, 4000-0700,
4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895,
4000-0990 and 4000-1400 shall not be available during the accounts-payable
period of fiscal year 2005, and any unexpended balances in these accounts shall
revert to the General Fund on
SECTION 42. Chapter 149 of
the Acts of 2004 is hereby amended by striking out section 232 and inserting in
place thereof the following section:-
Section 232.
Section 1A of chapter 152 of the acts of 1997 is hereby amended by
inserting after item 1100-7985 the following item:-
1599-0018 For a grant to the town of
Daly Memorial Rink,
SECTION 43. The last sentence of the first paragraph of
subsection (a) of section 279 of said chapter 149is hereby amended by striking
out the words “and Veterans Memorial Rink,
Veterans Memorial Rink,
SECTION 44. Subsection (b) of said section 279 of said chapter 149 is hereby amended by striking out the second paragraph and inserting in place thereof following paragraph:-
No proposal to lease the Allied Veterans rink in the city of Everett shall be considered responsive, nor shall it be accepted, without a proposal by the same offeror to lease the Cronin rink in the city of Revere, except that a proposal by the city of Everett to lease the Allied Veterans rink, without a proposal to lease the Cronin rink, shall be considered responsive and may be accepted.
Federal Medicaid Assistance Percentage Transfer I
SECTION 45. Said chapter 149 is
hereby further amended by striking out section 376 and inserting in place
thereof the following section:-
Section 376.
Notwithstanding any general or special law to the contrary, an amount equal to
$270,000,000 from the Federal Medicaid Assistance Percentage Escrow Fund,
established pursuant to section 1 of chapter 118 of the acts of 2003, shall be
designated for expenditure in fiscal year 2005 and fiscal year 2006, and shall
not contribute to the calculation of the fiscal year 2004 consolidated net
surplus, as calculated by the state comptroller as of
Funds Adjustment
SECTION
46. Section 380 of said
chapter 149 is hereby amended by adding the following sentence:-
At the close of fiscal year 2005, of the funds transferred from the Commonwealth Stabilization Fund to the General Fund pursuant to this section, $236,000,000 shall be held as part of the undesignated balance of the General Fund for expenditure in fiscal year 2006 and shall not be considered part of the consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws.
Roche Memorial
Rink I
SECTION 47. Section 2E of chapter
352 of the acts of 2004 is hereby amended
by striking out item 2800-0105 and inserting in place thereof the
following item:-
2800-0105 For repairs to the department of
conservation and recreation's recreational rinks; provided, that all funds
appropriated herein shall be subject to private matching funds up to a 2-to-1
match; provided further, that $1,000,000 shall be expended for Connell Rink in
the town of Weymouth; provided further, that $900,000 shall be expended for
bath house repairs at Houghton’s Pond in the town of Canton; and provided
further, that $1,000,000 shall be provided to the Eileen Patricia Sullivan Roche
Foundation for the repair and improvement of the Jim Roche
Memorial Rink, formerly the Walter C. Bryan Memorial Rink, in the West Roxbury
section of the city of
Boston................................................$2,900,000
Daly Memorial Rink,
SECTION 48. Section 121 of chapter 352 of the acts of 2004 is hereby repealed.
SECTION 49. Chapter 443 of the acts of 2004 is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance shall convey a certain parcel of state-owned land in the city of Revere to Joseph A. Festa, Jr. and John V. Festa, Trustees of the Festa Towers Irrevocable Trust for parking purposes only.
The parcel of land is located on Revere Beach Boulevard
and is shown as 19,125 square feet, more or less, and shown as
“Map-Block-Parcel-Unit 2-140-004 on a plan of land of Revere, Mass”, dated
Jury List I
SECTION
50. Chapter 6 of the acts of 2005 is hereby
amended by inserting after section 2A the following section:- Section
2C.I. For the purpose of making available in fiscal year 2006 balances
of appropriations which otherwise would revert on
EXECUTIVE OFFICE FOR
ADMINISTRATION
Reserves.
1599-8092 ................................................................................................................................................ $850,000
Transfer to the Uncompensated Care Trust Fund
SECTION 51. Said chapter 6 is
hereby further amended by adding the following section:-
Section 34.
Effective
Tourism Fund PAC
SECTION 52. Said chapter 6 is hereby further amended by adding the following section:-
Section 35. Notwithstanding section 1 of chapter 29 of the General Laws or any other general or special law to the contrary, the balance of the Tourism Fund shall not be considered part of the consolidated net surplus in the budgetary funds as calculated pursuant to section 5C of chapter 29 of the General Laws for fiscal year 2005. The balance of the Massachusetts Tourism Fund at the end of fiscal year 2005 shall be available for expenditure in fiscal year 2006.
Transfer to the Uncompensated Pool
SECTION
53. Notwithstanding the
provisions of any general or special law to the contrary, the comptroller
shall, in consultation with the office of the state treasurer, the executive
office for administration and finance and the executive office of health and
human services, develop a schedule for transferring the unexpended balance from
account 4000-0896 in the state accounting system to the Uncompensated Care
Trust Fund for the purpose of making revenues available for the administration
of the uncompensated care pool, established under subsection (d) of section 18
of chapter 118G of the General Laws, and pursuant to this act. The schedule
shall make the transfers in increments considered appropriate to meet the cash
flow needs of the commonwealth and said uncompensated care pool. These transfers shall not begin before
Transfer of Annual Tobacco Payment
SECTION 54. Notwithstanding any general or special law to the contrary, during fiscal year 2006, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2006 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378 and 50 per cent of the earnings generated in fiscal year 2006 from the Health Care Security Trust, as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws, for certain health care expenditures appropriated in section 2.
Regional Tourism Facility Fund
SECTION
55. Notwithstanding any general or special law to
the contrary, in accordance with subsection (e) of section 35J of chapter 10 of
the General Laws, $1,769,250 shall be transferred from the Massachusetts
Tourism Fund to the Regional Tourism Facility Fund in fiscal year 2006.
Division of Capital Asset Management and Maintenance Lease Provision
SECTION
56. Notwithstanding any general or special law to
the contrary, the division of capital asset management and maintenance may,
during fiscal year 2006, pay out of capital funds the cost of leases for the
following courts: administrative office
of the trial court (Center Plaza -
Boston); land court (Boston); Norfolk probate and family court (Canton);
temporary court space in the Cohannet school (Taunton).
Division of
SECTION
57. Notwithstanding any general or special law,
regulation or rule to the contrary, during fiscal year 2006, the division of
unemployment assistance shall maintain an office in the city of
Federal Medicaid Assistance Percentage Transfer II
SECTION 58. Not later than 15 days after the effective
date of this act, the state comptroller shall transfer $120,000,000 from the
Federal Medicaid Assistance Percentage Escrow Fund, established by section 1 of
chapter 118 of the acts of 2003, to the General Fund.
Stabilization Fund Transfers
SECTION
59. (a) Notwithstanding any general or special law
to the contrary, on or before
(b)
On or before
Uncompensated Care Trust Fund Federal Reimbursement
SECTION
60. Notwithstanding
any general or special law to the contrary, the executive office of health and
human services and the division of health care finance and policy shall take
any appropriate action to obtain
the maximum amount of federal financial participation available for amounts
paid to hospitals for free care costs
determined by the division to be
disproportionate share hospitals in accordance with Title XIX requirements.
Such appropriate action may include, but shall not be limited to, the
assessment on hospitals for their
liability to the uncompensated care pool pursuant to chapter 118G of the
General Laws. Such appropriate action shall include the establishment or renewal of an interdepartmental
services agreement between the executive office and the division, which may authorize the division to
make deposits into and payments from an account established for the purposes of this section within the
Uncompensated Care Trust Fund, established by section 18 of chapter 118G, or authorize the division
to transfer uncompensated care
fee revenue collected from hospitals pursuant to said chapter 118G, or funds
otherwise made available to the trust
fund by the general court, to the executive office for the purposes of making
disproportionate share adjustment
payments to hospitals qualifying for such payments in accordance with the
commonwealth's Title XIX state plan and
relevant provisions of Title XIX. The executive office may expend amounts
transferred to it from the Uncompensated
Care Trust Fund by the division under such interdepartmental services agreement without further appropriation. In
no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the
Uncompensated Care Trust Fund as determined by the division pursuant to said section 18 of said
chapter 118G of the General Laws. Any federal funds obtained as a result of said actions shall be deposited in
the General Fund. The offices of the state treasurer and the comptroller shall establish such
procedures as may be necessary to effectuate the provisions of this section,
including procedures to facilitate the
expeditious assessment, collection and expenditure of funds pursuant to this
section.
Uncompensated Care Pool in Hospital Fiscal Year 2006
SECTION 61. Notwithstanding any
general or special law to the contrary, in hospital fiscal year 2006, the
division of health care finance and policy may administer, as provided in this
section, the Uncompensated Care Trust Fund, established by section 18 of
chapter 118G of the General Laws, to collect assessments as specified in
section 1 of said chapter 118G for deposit to the fund, and to make certain
payments to acute hospitals and community health centers from the uncompensated
care pool to offset the costs of services provided to uninsured or low income
residents. The division and the executive office of health and human services
may promulgate regulations to implement this section.
The division, in
consultation with the executive office, shall ensure that assessment liability
to the fund and payments from the uncompensated care pool are structured in a
manner to secure for the General Fund the maximum allowable federal
reimbursement under Title XIX, XXI, or any successor federal law.
In hospital fiscal year
2006, the total liability of all acute care hospitals to the fund shall be
$160,000,000. The division shall
calculate an assessment percentage rate by dividing $160,000,000 by the
projected annual aggregate private sector charges in the fiscal year for all
acute care hospitals. Each acute care hospital's liability to the fund shall be
equal to the product of the percentage rate and its private sector charges.
In hospital fiscal year
2006, the total surcharge liability of surcharge payers to the Uncompensated
Care Trust Fund shall be $160,000,000. The surcharge amount for each surcharge
payer shall be equal to the product of: (a) the surcharge percentage, and (b)
amounts paid for services of an acute hospital or ambulatory surgical center by
each surcharge payer. The division shall calculate the surcharge percentage by
dividing $160,000,000 by the projected annual aggregate payments subject to
surcharge, as defined in said section 1 of said chapter 118G.
All Title XIX federal
financial participation revenue generated by hospital payments funded by the
Uncompensated Care Trust Fund, whether the payments are made by the division or
the executive office, shall be credited to the General Fund.
All hospital payments made
pursuant to this section shall be subject to federal approval and conditioned
on the receipt of full federal financial participation. All such payments shall
be established in accordance with Title XIX of the Social Security Act, or any
successor federal law, any regulations promulgated thereunder,
and the commonwealth's Title XIX state plan.
The division shall
calculate an annual payment liability from the uncompensated care pool to each
acute care hospital for fiscal year 2006. In determining the liability amount,
the division shall:
(a)(1) calculate each
hospital's actual free care cost for the 12-month period from
(2) project each
hospital's free care costs above for pool fiscal year 2005 by using a cost
growth factor of 7.6 per cent;
(3) project each
hospital's total free care costs for pool fiscal year 2006 by multiplying each
hospital's pool fiscal year 2005 projected free care costs from subclause (2)
by a cost growth factor of 7.6 per cent; and
(4) take into account such
factors as the financial burden of hospitals that provide proportionately the
largest volume of free care and the situation of any free-standing pediatric
hospital with a disproportionately low volume of Title XVIII payments; and
(b) allocate the available
funds in a manner that pays to each hospital a fixed percentage of its projected
free care costs for hospital fiscal year 2006, as determined by the division
using prior year data and considering the total funds available for the purpose. This fixed percentage shall not be less than
85 per cent of free care costs, as defined in said section 1 of said chapter
118G, for the 2 disproportionate share hospitals with the highest relative
volume of free care costs in hospital fiscal year 2003, and not less than 88
per cent of free care costs, as defined in said section 1 of said chapter 118G,
for the 14 acute hospitals with the next-highest relative volume of free care
costs in that year. In order to identify
these 16 hospitals, the division shall rank all hospitals based on the
percentage of each hospital's free care costs divided by the total free care
costs of all hospitals in the commonwealth.
All other acute care hospitals shall receive the highest possible
percentage of free care costs given available remaining funds. The hospital
fiscal year 2006 annual liability amount to each hospital shall be funded by
the trust fund. This liability may be
satisfied through either a disproportionate share payment or an adjustment to
Title XIX service rate adjustment payment, or a combination thereof, in
accordance with the terms provided for in an agreement entered into by an acute
care hospital and the executive office. The comptroller, in consultation with
the division and the executive office, shall transfer funds from the trust fund
to the executive office for the purpose of the Title XIX service rate
adjustment payments.
The executive office may
use other federally-permissible funding mechanisms available for
publicly-operated hospitals and hospitals with an affiliation with a
publicly-operated health care entity to reimburse up to $70,000,000 of
uncompensated care costs at the hospitals using sources distinct from the
funding made available to the trust fund under this section.
The executive office shall
make payments from the uncompensated care pool for services provided by
community health centers to low income residents. The executive office shall
structure such payments to maximize allowable federal reimbursement under Title
XIX. Pursuant to section 117 of chapter 140 of the Acts of 2003, all Title XIX
federal financial participation revenue generated by community health center
payments funded by the Uncompensated Care Trust Fund, whether the payments are
made by the division or the executive office, shall be retained in a separate
account within the Uncompensated Care Trust Fund and expended, without further
appropriation, for uncompensated care pool payments to community health
centers, in addition to the amount specified in the following paragraph.
In hospital fiscal year
2006, $500,000,000 from the trust
fund shall be credited to the uncompensated care pool for payments to acute
hospitals provided for in this section. In addition to the federal financial
participation to be retained in, and expended from, the trust fund for
community health centers pursuant to the preceding paragraph, $56,000,000 from
the trust fund shall be credited to the pool for payments to community health
centers provided for in this section and $4,000,000 shall be credited for
administrative expenses, including demonstration projects pursuant to sections
21 and 22 of chapter 47 of the acts of 1997, as amended by sections 156, 157,
and 158 of chapter 184 of the acts of 2002.
In hospital fiscal year
2006, the office of the inspector general is hereby authorized to continue to
expend funds appropriated in chapter 240 of the acts of 2004 from the
Uncompensated Care Trust Fund for the costs associated with maintaining a pool
audit unit within said office. The unit shall continue to oversee and examine
the practices in emergency rooms of all
Medicare Part D and Prescription Advantage
SECTION 62. Notwithstanding any
general or special law to the contrary, beginning
Beginning
Tuition for Special Education Private Schools
SECTION
63. Notwithstanding any general or special law to
the contrary, the operational services division shall authorize fiscal year
2006 prices for programs under chapter 71B of the General Laws, in accordance
with its regulations, and shall authorize fiscal year 2006 annual prices by
increasing the final fiscal year 2005 price by the estimated rate of inflation
determined by the division on
General Fund Transfer to the Uncompensated Care Pool
SECTION
64. Notwithstanding any
general or special law to the contrary, the comptroller shall, in consultation
with the office of the state treasurer, the executive office for administration
and finance and the executive office of health and human services, develop a
schedule for making a series of transfers not to exceed $48,700,000 from the
General Fund to the Uncompensated Care Trust Fund for the purpose of making
revenues available for the administration of the uncompensated care pool,
established under subsection (d) of section 18 of chapter 118G of the General
Laws, and pursuant to this act. The schedule shall make the transfers in
increments appropriate to meet the cash flow needs of the commonwealth and the
uncompensated care pool. These transfers
shall not begin before
Procurement Reform Savings
SECTION
65. Notwithstanding any
general or special law to the contrary the secretary for administration and
finance shall identify reversions in fiscal year 2006 totaling $25,000,000 from
savings achieved through procurement reform at the operational services
division. These monies shall be
generated from cost savings efforts that include, but shall not be limited to,
streamlining the procurement process, conducting multiple round negotiations,
awarding contracts to fewer bidders or consolidating contracts, changing
procurements to shorter durations, minimizing renewal options, conducting
reverse auctions, and using volume purchasing. The secretary for administration
and finance shall report on these cost savings initiatives quarterly to the
house and senate committees on ways and means and the house and senate
committees on post audit and oversight.
These reports shall include, but shall not be limited to, a breakdown of
all savings achieved by each agency, department, and division within the
executive branch as a result of programs implemented by the operational
services division. The report shall compare the savings to the projected
expenditures reflected on the spending plans on file with the secretary by line
item and object class.
Tourism Formula Suspension
SECTION
66. Notwithstanding any general or special law to
the contrary, section 615 of chapter 26 of the acts of 2003 shall apply in
fiscal year 2006.
Trial Court Transferability
SECTION
67. Notwithstanding paragraph (a) of subsection
(xxiii) of section 9 of chapter 211B of the General Laws, or any other general
or special law to the contrary, the chief justice for administration and management
may, from the effective date of this act through
SECTION
68. The division of capital asset management and
maintenance may transfer use of and responsibility for a parcel of vacant
state-owned land in the town of
Roche Memorial Rink II
SECTION 69. (a)
Notwithstanding section 54 of chapter 7 of the General Laws, the division of
capital asset management and maintenance, on behalf of and in consultation with
the department of conservation and recreation, may, notwithstanding sections
40E to 40I, inclusive, of chapter 7 of the General Laws and using such
competitive proposal process as the commissioner of the division considers
necessary or appropriate, lease and enter into other agreements, for terms not
to exceed 3 years, to or with 1 or more offerors who participate in that
process, for the Jim Roche Memorial Rink together with the land and
appurtenances associated therewith, so as to provide for the continued use,
operation, maintenance, repair and improvement of the rink.
(b)
The solicitation of proposals for the lease, the terms of the lease and the
responsibility for costs shall be as stated in subsection (a), the first and
fourth paragraphs of subsection (b) and subsections (c) and (d) of section 279
of chapter 149 of the acts of 2004 except as otherwise provided herein. There shall be an option for renewal or
extension for operations and maintenance services not exceeding an additional 3
years. All consideration received from
the leases or other agreements shall be payable to the department of
conservation and recreation for deposit into
the Roche Community Rink Fund in accordance with section 2
(c) Notwithstanding any general or special law,
ordinance, rule or regulation to the contrary, but subject to the wage
requirements of sections 26 through 27H of chapter 149 of the General Laws, the
Eileen Patricia Sullivan Roche Foundation, as the donor of $2 million for the
repair and improvement of the Jim Roche Memorial Rink, West Roxbury, subject to
the approval of the commissioner of the division of capital asset management
and maintenance acting in consultation with the commissioner of the department
of conservation and recreation, may complete a capital repair program in
accordance with item 2800-0105 of section 2E of chapter 352 of the acts of 2004
and with its donated funds. The repair program shall include, but shall not be
limited to, the repair and reconstruction of buildings, improvements to the
grounds and the repair, refurbishing, purchase and installation of new
equipment.
Chapter 70: Education Reform Minimum Contribution Waiver
SECTION 70.
(a) Upon the
request of the board of selectmen in a town, the city council in a plan E city
or the mayor in any other city, the department of revenue may recalculate the
minimum required local contribution, as defined in section 2 of chapter 70 of
the General Laws in the fiscal year ending
(b) A city or town that used qualifying revenue amounts in
a fiscal year which will not be available for use in the next fiscal year, or
that will be required to use revenues for extraordinary non school-related
expenses for which it did not have to use revenues in the preceding fiscal year,
or that has an excessive certified municipal revenue growth factor which is
also greater than or equal to 1.5 times the state average municipal revenue
growth factor, may appeal to the department of revenue not later than
(c) If a claim is determined to be valid, the department
of revenue may reduce proportionately the minimum required local contribution
amount based on the amount of shortfall in revenue or based on the amount of
increase in extraordinary expenditures in the current fiscal year, but no
adjustment to the minimum required local contribution on account of an
extraordinary expense in the budget for the fiscal year ending on
(d) If, upon submission
of adequate documentation, the department of revenue determines that the
municipality's claim regarding an excessive municipal revenue growth factor is
valid, the department shall recalculate the municipal revenue growth factor and
the department of education shall use the revised growth factor to calculate
the preliminary local contribution, the minimum required local contribution and
any other factor that directly or indirectly uses the municipal revenue growth
factor. Any relief granted as a result
of an excessive municipal revenue growth factor shall be a permanent reduction
in the minimum required local contribution.
(e) The board of selectmen in a town, the city council in
a plan E city, the mayor in any other city, or a majority of the member
municipalities of a regional school district, which used qualifying revenue
amounts in a fiscal year that will not be available for use in the next fiscal
year, may appeal to the department of revenue not later than
(f) If the regional
school budget has already been adopted by 2/3 of the member municipalities then, upon a
majority vote of the member municipalities, the regional school committee shall
adjust the assessments of the member municipalities in accordance with the
reduction in minimum required local contributions approved by the department of
revenue or the department of education in accordance with this section.
(g) Notwithstanding clause (14) of section 3 of chapter
214 of the General Laws or any other general or special law to the contrary,
the amounts so determined under this section shall be the minimum required
local contribution described in chapter 70 of the General Laws. The department of revenue and the department
of education shall notify the house and senate committees on ways and means and
the joint committee on education of the amount of any reduction in the minimum
required local contribution amount.
(h) If a city or town has an approved budget that exceeds
the recalculated minimum required local contribution and net school spending
amounts for its local school system or its recalculated minimum required local
contribution to its regional school districts as provided by this section, the
local appropriating authority shall determine the extent to which the community
shall avail itself of any relief authorized under this section.
(i) The amount of
financial assistance due from the commonwealth in fiscal year 2006 under
chapter 70 of the General Laws or any other law shall not be changed on account
of any redetermination of the minimum required local contribution under this
section.
(j) The department of revenue and the department of
education shall issue guidelines for their respective duties under this
section.
Shannon Stadium at Dilboy Field
SECTION 71. The stadium at Dilboy Field in
Martin McNamara Benefits
SECTION 72. The state treasurer acting through the
Worcester regional retirement board shall pay from the pension fund the
proceeds of the annuity funded in item 0612-1012 of section 2 of this act to
Claire B. McNamara, the surviving spouse of firefighter Martin H. McNamara V,
so long as she remains unmarried, an accidental death benefit allowance to
consist of a yearly amount of annuity equal to two-thirds of the average annual
salary of a first year career firefighter in the local area. The average shall be determined by a survey of
not less than 3 surrounding towns which are member units of the Worcester
Regional Retirement System, such towns as determined by the Worcester Regional
Retirement System, in consultation with the public employee retirement administration
commission. The annuity shall be
increased $2,600 for each surviving unmarried child of firefighter McNamara who
is under 18 years of age, or 22 years of age if a full-time student at an
accredited educational institution, or who is over said age and is physically
or mentally incapacitated from earning and is a dependent of the surviving
spouse. If there is no surviving spouse
or the surviving spouse later dies, the annuity shall be paid to the eligible
children in equal shares until the child reaches 18 years of age, or 22 years
of age if a full-time student at an accredited educational institution. There shall be no end date for a child who is
over said age and is physically or mentally incapacitated from earning. If the surviving spouse marries, an annuity
of $12,000 should be made annually to each eligible child. If any unused portion of the proceeds of the
annuity is to be returned to the treasurer, he shall transfer such monies to
the General Fund.
It is the intention of
the General Court that no other one-time state death or disability benefit
shall be funded on behalf of municipal public safety personnel or their
survivors other than those benefits specifically authorized by general or
special law pending the enactment of a general system for establishing and
funding those benefits.
Nursing Home Clinical Eligibility
SECTION
73. Notwithstanding any general or special law to
the contrary, the regulations, criteria and standards for determining admission
to and continued stay in a nursing home shall not be more restrictive than
those regulations, criteria and standards in effect on
Rental Car Surcharge
SECTION 74. (a) Notwithstanding any general or special
law to the contrary, the city of
(b) For the purpose of determining compliance with
this section, the city of
(c) This section shall provide an exclusive,
additional, alternative and complete method for the imposition and collection
of a surcharge on a motor vehicle rental agreement. This section shall be
supplemental and additional to, and not in derogation of, powers conferred upon
the city of
(d) The city of
Nursing Facility Assessment Spending
SECTION 75. Notwithstanding any general or special law to
the contrary, in fiscal year 2006, the division of health care finance and
policy, referred to in this section as the division, shall establish nursing
facility Medicaid rates, payable out of the Health Care Quality Improvement
Trust Fund, established under section 2
(1) effective
(2) effective
(3) effective
(4) effective
(5) $300,000 for the purposes of an audit of funds
distributed under clause (3). The division of health care finance and policy,
in consultation with the department of public health and with the assistance of
the executive office of health and human services, shall establish penalties
sufficient to deter noncompliance to be imposed against any facility that
expends any or all monies in violation of clause (3), including but not limited
to recoupment, assessment of fines or interest. The division shall report to
the house and senate committees on ways and means not later than
(6) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of section 25 of chapter 118G of the General Laws; and
(7) an amount sufficient to implement section 622 of chapter 151 of the acts of 1996;
The comptroller shall transfer from the Health Care
Security Trust Fund to the Health Care Quality Improvement Trust Fund on the
first business day of each quarter, the amount indicated by the division of
health care finance and policy and the executive office of health and human services
to provide the appropriate rate increases to nursing homes; and provided
further, that any additional funds that may become available in the Health Care
Quality Improvement Trust Fund due to decreased Medicaid utilization shall be
spent on further enhanced rates, including, but not limited to, a per-diem rate
add-on for large Medicaid providers as specified in 114.2 CMR 6.06 (10) (a), as
in effect on
Interdepartmental Services
Agreement with
SECTION
76. Notwithstanding any
general or special law to the contrary, the executive office of health and
human services, acting in its capacity as the single state agency authorized to
supervise and administer state programs under title XIX of the Social Security
Act, and other federally assisted programs specified in section 16 of chapter
6A of the General Laws, may enter into interdepartmental services agreements
with the University of Massachusetts medical school to perform such activities
as the secretary of health and human services, in consultation with the
comptroller, determines are appropriate and within the scope of the proper
administration of title XIX and other federal funding provisions. Such
activities shall include: (1) administrative services, including, but not
limited to, providing medical expertise to support or administer utilization
management activities, determining eligibility based on disability, supporting
case management activities, and similar initiatives; (2) consulting services
related to quality assurance, program evaluation and development, integrity and
soundness, and project management; and (3) activities and services for the
purpose of pursuing federal reimbursement or avoiding costs, third party
liability, and recouping payments to third parties. Federal reimbursement for
any expenditures made by the
ICF/MR Assessment
SECTION 77. Notwithstanding any general or special law to the contrary, in each fiscal year that assessments are collected under section 27 of chapter 118G of the General Laws, the comptroller shall transfer from the Uncompensated Care Trust Fund account established under subsection (p) of section 18 of chapter 118G of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities and an amount sufficient to fund rate increases for services provided to MassHealth members by non-public intermediate care facilities and community-based residences. The comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above.
Uncapping of
Lottery
SECTION 78. Notwithstanding
any general or special law to the contrary, for fiscal years 2006 to 2008,
inclusive, the total amount allocated for distribution to cities and towns under
section 35 of chapter 10 of the General Laws shall be the sum of the amount
distributed in fiscal year 2005 and: (i) in fiscal year 2006, 45 per cent of
the difference between the fiscal year 2005 distribution and the amount that
would otherwise be payable; (ii) in fiscal year 2007, 65 per cent of the
difference between the fiscal year 2005 distribution and the amount that would
otherwise be payable; and (iii) in fiscal year 2008, 85 per cent of the
difference between the 2005 distribution and the amount that would otherwise be
payable. For fiscal year 2009 and thereafter, the distribution of lottery
proceeds shall be determined under section 35 of chapter 10 of the General
Laws.
SECTION 79. Notwithstanding
any general or special law to the contrary, the department of conservation and
recreation shall enter into a memorandum of agreement with Island Alliance,
Inc., a duly authorized nonprofit corporation dedicated to promoting awareness
and usage of the
SECTION
80. Notwithstanding any general or special law to
the contrary, the state treasurer shall establish on the books of the
commonwealth a trust fund known as the Holyoke Soldiers’ Home Trust Fund to
receive gifts, grants, and donations to the Soldiers’ Home in Holyoke, as well
as income from the licensing or rental of the home’s property for the placement
of telecommunications antennae. The trustees may expend the money deposited in
the fund without further appropriation for the benefit of inpatient and
outpatient veterans either residing in or using the facilities of the home.
Sex Offender Management Pilot Program
SECTION 81. There shall be a pilot program operated by
the
This pilot program shall operate until
Report on Status of Medicaid Waiver
SECTION 82. The secretary of health and human services shall, within 30 days of the effective date of this act and prior to executing any further agreement with the federal Centers for Medicare and Medicaid Services, report to the house and senate committees on ways and means and the joint committee on health care financing on the status of the Commonwealth’s Medicaid waiver, the terms and conditions of the waiver and the new Safety Net Care Pool, and the effect of the waiver on the Medicaid program and current system of health care financing. The report shall: 1) detail the loss of allowable payments and reimbursements under the terms of the waiver and the effect on the current health care financing system; 2) identify a plan for replacing lost federal reimbursement revenues for safety net providers and their managed care plans while maintaining the current level of funding and current level of benefits and without harming other hospitals and community health centers; 3) identify what, if any, financing mechanisms are available to replace the loss of intergovernmental transfers and supplemental payments to managed care plans operated by Boston Medical Center and Cambridge Health Alliance; 4) identify the sources of state matching funds that will allow the Commonwealth to maximize federal financial participation, including eligible current state spending, new state revenues or provider assessments; 5) detail the spending plan for the Safety Net Care Pool, including but not limited to safety net providers, uncompensated care, and the uninsured; and 6) detail a plan to stay within the federal budget neutrality requirements given the cost trend factors of the new waiver.
Collaborative Drug Purchasing for Sheriffs
SECTION
83. The state office of
pharmacy services at the department of public health, in this section called SOPS,
shall conduct a cost-benefit analysis comparing the cost of each county and
state sheriff's current pharmacy services arrangements with the cost of
comparable services provided by SOPS. Each county and state sheriff shall
provide all data and information requested by SOPS no later than
SECTION 84. Notwithstanding any general or special law to
the contrary, the department of conservation and recreation shall enter into a
maintenance contract with a suitable vendor for the purposes of daily trash
removal on
Intergovernmental Transfer – MassHealth Managed Care Contracts
SECTION
85. Notwithstanding any
general or special law to the contrary, during fiscal year 2006 the executive
office of health and human services shall expend from the medical assistance
intergovernmental transfer account within the Uncompensated Care Trust Fund an
amount equal to the actual amount paid for fiscal year 2005 for a program of
MassHealth supplemental payments to certain publicly operated entities
providing Title XIX reimbursable services, directly or through contracts with
hospitals under an agreement with the executive office of health and human
services, relating to such payments and transfers as established in accordance
with Title XIX of the Social Security Act or federal waivers thereof, federal
regulations promulgated thereunder, the terms of the waiver under section 1115
of the Social Security Act, state law and the Medicaid state plan. The funds
may be expended only for payment obligations arising during fiscal year 2006.
Such expenditures shall reduce payments from the Uncompensated Care Trust Fund
to such entities by an amount comparable to the net revenues received by such
entities under this section. The executive office of health and human services
shall notify the house and senate committees on ways and means if such
expenditures are rendered ineligible for federal reimbursement. All
expenditures made pursuant to this section shall be reported quarterly to the
house and senate committees on ways and means. Amounts authorized for
expenditure shall be funded in part through intergovernmental transfers to the
commonwealth of municipal or other non-federal public funds. The Boston public
health commission and the Cambridge public health commission shall transfer to this
medical assistance intergovernmental transfer account an amount equal to 55 per
cent of the gross amounts of supplemental payments made by the executive office
of health and human services under managed care contracts with the commissions.
An amount equal to 1.93 per cent of the total amount that the Boston and
Cambridge public health commissions transfer to the medical assistance
intergovernmental transfer account pursuant to this section shall be
transferred from the medical assistance intergovernmental transfer account to
revenues available for the administration of the uncompensated care pool, as
established under subsection (d) of section 18 of chapter 118G of the General
Laws. An amount equal to 7.16 per cent of the total amount that the Boston and
Cambridge public health commissions transfer to the medical assistance
intergovernmental transfer account pursuant to this section shall be
transferred from the medical assistance intergovernmental transfer account and
credited to the Distressed Provider Expendable Trust Fund.
Surplus Property Disposition
SECTION 86. (a) For the purposes of this section, the following terms
shall have the following meanings, unless the context clearly requires
otherwise:
“Commissioner”, the commissioner of capital asset management and
maintenance.
“Net
cash proceeds”, all payments paid to the commonwealth as and when paid, less
any transaction-related expenses incurred by the division of capital asset
management and maintenance for which it is not otherwise reimbursed, and less
any amounts that may be owing to the federal government as a result of the
disposition.
“Real property”, as defined in section 39A of chapter 7 of the
General Laws.
“State agency”, as defined in said section 39A(v) of said chapter
7.
“Surplus
land coordination committee”, the committee established by subsection (e).. c
“Surplus real property”, real property of the commonwealth: (1)
previously determined to be surplus to current and foreseeable state needs
pursuant to sections 40F or 40F½ of said chapter 7, but excluding real property
for which there is an established local reuse plan; or (2) determined to be
surplus to current and foreseeable state needs pursuant to this section or to
section 548 of chapter 26 of the acts of 2003. This term shall not include
property subject to Article 97 of the Amendments to the Constitution and shall
not include parcels exceeding 25 acres.
(b) Notwithstanding sections 40E to 40F½, inclusive, and 40H of
said chapter 7, or any other general or special law to the contrary, the
commissioner may sell, lease for a term not to exceed 99 years, transfer or
otherwise dispose of surplus real property of the commonwealth, as specified in
this section.
(c) In order to determine if specified real property is surplus to
the current and foreseeable needs of the commonwealth, the commissioner shall
provide written notice and inquiry to the executive heads of state agencies and
secretaries of the executive offices, who shall have 30 days to submit a
written response indicating that the property is necessary for a specific
current or foreseeable need of such agency.
If no agency or executive office submits such a response within 30 days
of the notice, the commissioner or the
surplus land coordination committee may declare the property as surplus and
dispose of it in accordance with this section. Alternatively, if a written
response is timely received specifying a current or foreseeable need for the
real property, the commissioner shall, in consultation with the secretary of
administration and finance and with those responding affirmatively, determine
whether the real property shall: (1) be made available for current use by a
state agency, (2) be retained on account of a foreseeable use by a state
agency, or (3) be declared surplus real property which may be disposed of
pursuant to this section.
(d) When real property is
determined to be surplus to current state needs but not to foreseeable state
needs, the commissioner shall take such necessary action to ensure that any
disposition of the real property is temporary and maintains the commissioner’s
ability to make such real property available to a state agency as needed.
(e) To facilitate inter-departmental communication within the
executive branch concerning surplus property, there shall be a surplus land
coordination committee.. The committee shall consist of 1 representative
appointed by each of the following: the secretary of the executive office for
administration and finance, the commissioner of the division of capital asset
management and maintenance, the chairman of the commonwealth development
coordinating council, the secretary of the executive office of environmental
affairs, the secretary of the executive office of transportation, the secretary
of economic development and the director of the department of housing and
community development. The committee
shall meet at least quarterly and shall advise the commissioner on all real
property being considered for surplus designation and on the appropriate
disposition of such property, including but not limited to whether the property
should be declared surplus, the potential uses for the property, including its
suitability for housing development or preservation as open space, and what
restrictions, if any, should be considered on its use and development.
For parcels greater than 2
acres in size or initially valued at $1,000,000 or more, or when the committee considers
it otherwise necessary for any particular parcel, the commissioner shall
commission the commonwealth development coordinating council to conduct a smart
growth review. The commonwealth development coordinating council, in
consultation with the regional planning agency for the area in which the parcel
is located, shall conduct this review, which shall consider the need for a
variety of housing options, jobs and open space; current and prospective zoning
of the site; the need for municipal capital facilities and public uses, impact
of traffic and transit; impact on the environment and natural resources and on
agricultural lands; existence of historically significant structures;
availability of infrastructure, including water supply, waste water and store
water run-off; fiscal impact of development on the municipality where the
parcel is located; remediation of contamination; and other smart growth
implications. The council shall complete
this review and submit it to the committee within 60 days after the request for
review. This review shall consider the
local and regional implications of disposing of the parcel for a variety of
prospective uses. If the smart growth
review is not completed within 60 days the commissioner may dispose of the
property in accordance with subsection (f).
(f) If the commissioner or, for parcels
greater than 2 acres in size or initially valued at $1,000,000 or more, the
surplus land coordination committee, determines that the real property is
surplus, the commissioner shall: (1) provide written notice for each city or
town in which the property is located to the city manager in the case of a city
under Plan E form of government, the mayor and city council in the case of all
other cities, the chairman of the board of selectmen in the case of a town, the
county commissioners, the regional planning agency and the members of the general
court representing the city or town in which the property is located as well as
surrounding cities or towns; (2) declare it available for disposition and
identify any restrictions on its use and development necessary to comply with
the policies and principles established by the commonwealth development
coordinating council established in section 8B of chapter 6A of the General
Laws and take into consideration other established state and local plans and
policies; (3) conduct a public hearing in the municipality in which the
property is located to consider potential reuses and appropriate restrictions
if the property parcels exceeds 2 acres or if the commissioner determines or
the city or town in which the property is located requests that a hearing
should be held for a smaller parcel and provide reasonable public notice in
advance of the hearing; and (4) ensure that any deed, lease or other
disposition agreement sets forth all such reuse restrictions, provides for
effective remedies on behalf of the commonwealth and provides, in the event of
a failure to comply with the reuse restrictions by the grantee, lessee or other
recipient, that such title or lesser interest as may have been conveyed shall
immediately revert to the commonwealth.
(g)
The commissioner shall establish the value of surplus real property using
customarily accepted appraisal methodologies. The value shall be calculated
both: (1) for the highest and best use of the property as may be encumbered,
and (2) subject to uses, restrictions and encumbrances defined by the
commissioner. In no instance in which the commonwealth retains responsibility
for maintaining the said property shall the terms provide for payment of less
than the annual maintenance costs.
(h) Before disposing of the surplus property, the
commissioner shall provide to each city or town in which the property is
located a written right of first refusal to purchase the surplus property on
the conditions established in section (f) and at 85 per cent of the value
established in subsection (g). This
right of first refusal must be exercised, if at all, by the town or city within
90 days after this notice by giving written notification to the
commissioner. Upon exercise of the right
of first refusal, the city or town shall have an additional 180 days to close
the purchase of such property. If the
city or town fails to close the purchase of such property within that time, the
sole remedy of the commonwealth against the city or town for this failure shall
be to proceed with the disposition of the surplus property without further
right of purchase by the city or town and the elimination of any requirement to
share proceeds of the sale with the city or town as provided in subsection (p).
(i)
If the city or town has not exercised its right of first refusal, or has failed
to close in a timely manner if such right was exercised, the commissioner shall
dispose of surplus real property utilizing appropriate competitive processes
and procedures. Such competitive processes may include, but are not limited to,
absolute auction, sealed bids and requests for price and development proposals.
At least 30 days before the date of an auction or the date on which bids,
proposals or other offers to purchase or lease surplus real property are due,
the commissioner shall place a notice in the central register published by the
state secretary pursuant to section 20A of chapter 9 stating the availability
of such property, the nature of the competitive process and other information
deemed relevant, including the time and location of the auction, the submission
of bids or proposals and the opening thereof.
(j)
The commissioner shall place a notice in the central register identifying the
individual or firm selected as party to such real property transaction, along
with the amount of such transaction. If the commissioner accepts an amount
below the value calculated under subsection (g), he shall include the
justification therefor, specifying the difference between the calculated value
and the price received.
(k)
No agreement for the sale, lease, transfer or other disposition of surplus real
property and no deed executed by or on behalf of the commonwealth, shall be
valid unless such agreement or deed contains the following certification,
signed by the commissioner:
“The
undersigned certifies under penalties of perjury that I have fully complied
with section ___ of chapter___ of the acts of 2005 in connection with the
property described herein.”
(l)
No agreement for the sale, lease, transfer or other disposition of surplus real
property shall be valid unless the purchaser or lessee has executed and filed
with the commissioner the statement required by section 40J of chapter 7 of the
General Laws.
(m)
The grantee or lessee of any surplus real property shall be responsible for all
costs including, but not limited to, appraisals, surveys, plans, recordings and
any other expenses relating to the transfer, as shall be considered necessary
by the commissioner.
(n)
This section shall not apply to the disposition of real property that is the subject
of a special act having an effective date before
(o)
The authority granted to the commissioner by this section shall cease as of
(p)
Funds from the net cash proceeds of dispositions of surplus property pursuant
to this section shall be allocated as follows: (1) 10 per cent of the net cash
proceeds of each transaction shall be paid to the city or town in which the
property is located if the city or town did not exercise its right of first
refusal, whether or not the transaction thereafter closed; but that city or
town may receive up to a total 25 per cent of the net cash proceeds of a
transaction if the municipality has taken affirmative actions in furtherance of
the commonwealth’s objectives for the parcel, consistent with smart growth and
subject to regulations promulgated by the division in consultation with the
commonwealth development coordinating council no later than
Department of Early Education and Care
SECTION 87. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following agencies of state government from the transferor agency to the transferee agency, defined as follows:
(1) the early education and care functions of the department of education, as the transferor agency, to the department of early education and care, as the transferee;
(2) the functions of the office of child care services with regard to licensure or approval and subsidy administration of child care and day care, as presently described in section 2 of chapter 28A of the General Laws, but excluding the functions listed in clause (3), as the transferor agency, to the department of early education and care, as the transferee; and
(3) the functions of the office of child care services with regard to licensure of adoption or foster care placement agencies or residential group care facilities or temporary shelters, as the transferor agency, to the executive office of health and human services, as the transferee.
(b) Subject to appropriation, those employees to be transferred from each transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement, or other rights of the employee and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, without loss of accrued rights to holidays, sick leave, vacation, and benefits and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation.
(c) Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who, immediately before the effective date of this act, either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws. Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff, or abolition of position not prohibited before such date.
(d) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun and pending before each transferor agency before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the respective transferee agency.
(e) All orders, rules and regulations duly made and all licenses and approvals duly granted by each transferor agency which are in force immediately before the effective date of this act shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the respective transferee agency.
(f) All books, papers, records, documents, equipment, buildings, facilities, cash, and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency, shall be transferred to the respective transferee agency.
(g)
All duly existing contracts, leases and obligations of each transferor agency
shall continue in effect but shall be assumed by the respective transferee
agency. No existing right or remedy of
any character shall be lost, impaired or affected by this act.
Initial Gross Payment to Qualifying Acute Care Hospitals
SECTION
88. Notwithstanding any
general or special law to the contrary, the comptroller shall transfer on or
before
Medicaid – Maximization of Third Party and Federal Revenue
SECTION
89. Notwithstanding any general or special law to
the contrary, state agencies and direct and subcontracted providers of
health-related services, including purchase-of-service providers financed from
appropriation items for any state agency, shall maximize coverage under Title
XIX of the Social Security Act and all other federal, state, and private health
insurance coverage available to offset costs to the commonwealth. The agencies
or providers shall collect information from clients, or from the parent or
guardian of a minor receiving services, necessary to determine the extent to
which clients may be eligible for medical assistance benefits under chapter
118E of the General Laws or are beneficiaries of any health insurance policy.
The agencies or providers shall forward client information collected under this
section to the executive office of health and human services and this data
shall only be used to match against available databases for the purpose of
identifying all sources of potential payment for health services or health
insurance coverage. As required or permitted by federal law, the executive
office of health and human services shall return the results of any data
matches to the originating agency, which shall take the appropriate action to
ensure that costs to the commonwealth are minimized. These actions shall
include, but not be limited to, the agency or provider billing or re-billing
all verified third-party sources. The executive office of administration and
finance may grant an agency or provider an exemption from this section for good
cause. The executive office of health and human services and the division of
procurement within the executive office of administration and finance shall
review regulations, contracting forms, service delivery reports, and uniform
financial reporting requirements to determine what changes are necessary for
the successful implementation of this section.
Caseload Capacity for MassHealth Dentists
SECTION
90. Notwithstanding any special or general law to
the contrary, the executive office of health and human services may promulgate
regulations allowing any dentist participating in the MassHealth program to
limit the number of MassHealth patients in his or her practice in accordance
with standards or procedures to be established by the executive office of
health and human services.
Distressed Provider Expendable Trust Fund
SECTION 91. Notwithstanding any general or special laws
to the contrary, in fiscal year 2006, expenditures from the Distressed Provider
Expendable Trust Fund, as established by chapter 241 of the acts of 2004, shall
be dedicated to efforts that are designed to improve and enhance the ability of
distressed community providers to serve populations in need more efficiently and
effectively, including, but not limited to, the ability to provide
community-based care, clinical support and care coordination services, pharmacy
management services, or other efforts to create effective coordination between
hospital care and ambulatory care sites in the community. The secretary of
health and human services shall develop emergency regulations governing the
recommended uses of the fund in partnership with the Massachusetts League of
Community Health Centers and the Massachusetts Hospital Association. The secretary shall file a report not later
than
Nursing Facility Audit Disallowences
SECTION 92. Notwithstanding any general or special law to the contrary, in the event the division of health care finance and policy conducts or utilizes an audit of nursing facilities' calendar year 2002 base year costs for the purpose of reducing rates below levels that would be in effect in the absence of the audit, the division shall disallow no more than $22 million in the aggregate in fiscal year 2006 rates unless: (1) 50 per cent of total nursing facilities licensed in calendar year 2002 are audited in an identical full-scope manner as applied in the division's originally proposed 114.2 CMR 6.00 Standard Payments to Nursing Facilities regulation, issued in May 2004; (2) each audited nursing facility has the right to appeal to the division of administrative law appeals and that an increase in the aggregate $22 million disallowance amount shall not take effect until each such appeal is completely adjudicated; (3) the division conducts a public hearing outlining the methodology and reason for disallowing more than $22 million aggregate amount, taking into account the impact on patient care; and (4) in no event shall the division, in conducting any base year audit permitted by this section, disallow any cost claimed by a provider if the cost is required to be incurred by the provider under any federal or state law or regulation, is recognized as an allowable cost under any federal or state law or regulation or has been adjudicated to be an allowable cost in any proceeding arising under the Medicare or Medicaid programs.
SECTION 93. Notwithstanding any
general or special law or regulation to the contrary, including section 407 of
chapter 149 of the acts of 2004, which is superceded by this section, the
executive office of health and human services shall expend, subject to the
availability of federal financial participation, an amount not less than
$34,984,000 and not more than $40,000,000 from the medical assistance
intergovernmental transfer account in the Uncompensated Care Trust Fund and
from allowable certified public expenditures made by the city of Quincy for the
benefit of Quincy Medical Center (the “hospital” for purposes of this section)
for supplemental title XIX rate payments to the hospital. The payments shall be established in
accordance with title XIX of the federal Social Security Act or any successor
federal statute, any regulations promulgated thereunder, and the commonwealth’s
title XIX state plan. No payment
authorized under this section shall be made to the hospital unless: the
hospital has executed the executive office’s then-current acute hospital request
for applications and contract; the city of Quincy makes an intergovernmental
funds transfer of not more than $5.393 million; the hospital agrees that the
portion of the payment it receives pursuant to this section that is
attributable to the city’s intergovernmental funds transfer and the federal
matching funds associated with such transfer will, when received by the
hospital, not be transferred to any third party other than an agent of the
hospital for investment purposes or in the ordinary course of the hospital’s
providing patient care services; and the hospital repays directly to the
commonwealth, rather than to the city of Quincy, the entire amount of the state
loan due from the city of Quincy pursuant to chapter 101 of the acts of 1999,
as amended by chapter 47 of the acts of 2003.
The hospital’s repayment of the state loan as provided for in this
section shall extinguish the city’s obligation to the commonwealth under said
chapters 101 and 47. The city’s
intergovernmental funds transfer and the proceeds of the hospital’s repayment
of the state loan, as provided for in this section, shall be credited to the
medical assistance intergovernmental funds transfer account in the
Uncompensated Care Trust Fund and shall be administered in accordance with the
provisions of this section and of paragraph (o) of section 18 of chapter 118G
of the General Laws. Upon the hospital’s payment of the state loan, the
comptroller shall transfer from said account an amount that is not less than
$2,662,200 for payment to a municipality in
Disproportionate Share Hospitals
SECTION
94. Notwithstanding any general or special law to
the contrary, the department of mental health, the department of public health,
the executive office of health and human services and the division of health
care finance and policy shall take any appropriate action to obtain the maximum
amount of federal financial participation available for amounts paid for
low-income care costs at those mental health and public health facilities
determined to be disproportionate share hospitals in accordance with
requirements of Title XIX of the Social Security Act. Appropriate action may
include, but shall not be limited to, the establishment of a separate account
within the Uncompensated Care Trust Fund, established by section 18 of chapter
118G of the General Laws, for the purpose of making disproportionate share
payment adjustments to qualifying mental health and public health facilities
under relevant division of health care finance and policy regulations and the
Title XIX state plan on file with the centers for Medicare and Medicaid
services. The executive office of health and human services, the department of
public health and the department of mental health may expend amounts transferred
to them from a separate account within the Uncompensated Care Trust Fund
without further appropriation. Any federal funds obtained as a result of
actions taken under this section shall be deposited in the General Fund. The
state treasurer and the comptroller shall establish such procedures as may be
necessary to effectuate this section, including procedures for the proper
accounting and expenditure of funds under this section.
Residential Care Commission
SECTION 95. There shall be
a special commission on residential care facilities, also known as rest homes,
in the commonwealth. The commission shall study the role that residential care
facilities play in the continuum of long-term care, identify the availability
of residential care facilities relative to the need for these services, and the
adequacy of public reimbursement for residential care facilities. The
commission shall also study the roles of state agencies in residential care and
recommend policies and procedures to coordinate effective communication and
oversight among the various agencies with responsibility for residential care.
The commission shall make recommendations relative to the funding of and
methodology used in determining rates paid to residential care facilities. The commission shall consist of the following
members: the house and senate chairpersons of the joint committees on elder
affairs and health care financing, a member of the house of representatives
appointed by the minority leader of the house and a member of the senate
appointed by the minority leader of the senate; the director of the division of
health care quality at the department of public health; the commissioner of the
division of health care finance and policy, or the commissioner’s designee; the
commissioner of the department of transitional assistance, or the
commissioner’s designee; the secretary of the executive office of elder
affairs, who shall chair the commission; and 2 representatives from each of the
following organizations: Massachusetts Aging Services Association and the
Massachusetts Association of Residential Care Homes. The commission shall
convene no later than 60 days after the effective date of this act. The commission shall report its findings and
recommendations to the joint committees on elder affairs and on health care
financing and to the house and senate committees on ways and means by
Public Higher Education Tuition Retention
SECTION 96. On or before
Notwithstanding any general or special law to the
contrary, all tuition and fees received by the boards of trustees of the
university and of each state and community college in the commonwealth shall be
retained by each respective board in its own revolving trust fund or funds and
shall be expended as each respective board may direct. Any balance in the trust fund or funds at the
close of a fiscal year shall be available for expenditure in subsequent fiscal
years and shall not revert to the General Fund.
Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained under this section, section 633 of chapter 26 of the acts of 2003, as amended by section 242 of chapter 149 of the acts of 2004, or section 160 of chapter 352 of the acts of 2004, fringe benefits shall be funded as if those employees’ salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the boards of trustees of public higher education institutions as a direct result of the implementation of these sections.
Autism Services Waiver
SECTION
97. The secretary of health and human services
shall, within 3 months after the effective date of this act, apply to the
federal Centers for Medicare and Medicaid Services for a home and
community-based services waiver under section 1915(c) of the federal Social
Security Act, 42 U.S.C., section 1396n, to allow eligible children with autism
spectrum disorder to receive waiver services to support the children in their
homes and communities. The waiver
application shall provide services for children with autism spectrum disorder
who are institutionalized or at risk of institutionalization. Autism spectrum disorder includes the
following disorders as defined in the Diagnostic and Statistical Manual of
Mental Disorders, fourth edition (DSM-IV, 2000): autistic disorder, Asperger’s
disorder, pervasive developmental disorder not otherwise specified, childhood
disintegrative disorder and Rhett’s Syndrome.
The waiver application shall include intensive in-home intervention
services for children with autism spectrum disorder and any other services
determined appropriate to support children with autism spectrum disorder in
their homes and communities. The waiver
application shall specify the required credentials for providers of services
covered by the waiver including the credentials required for supervisors of
direct care providers and direct care providers. The waiver application shall ensure that the
process and procedures for applying for waiver services are fully accessible to
families of children with autism spectrum disorder who are from linguistically
and culturally diverse communities.
Services under the waiver shall be coordinated with services provided by
school committees under chapters 71B and 111G of the General Laws. Nothing in this section shall affect or limit
a school district’s responsibility to provide all services, including
home-based services, required pursuant to said chapter 71B and federal law,
including 20 U.S. C. sections 1400 to 1487, inclusive, and 29 U.S.C. section
794. On
Pools, Beaches and Parks Season Requirements
SECTION
98. The department of conservation and recreation
shall ensure that all pools and aspects of all pools, freshwater and saltwater
beaches, parks and recreational facilities under the jurisdiction of the
department shall remain open for the full summer season, from Memorial day
weekend to Labor day weekend, inclusive, and that the beaches have their full
amount of required maintenance and upkeep.
Pension Line Item Language
SECTION 99. The amounts transferred pursuant to section 5B of chapter 29 of the General Laws shall be made available for the commonwealth’s Pension Liability Fund established under section 22 of chapter 32 of the General Laws. The amounts transferred pursuant to said section 5B of said chapter 29 shall meet the commonwealth’s obligations under section 22C of said chapter 32, including retirement benefits payable by the state employees’ and the state teachers’ retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to section 102 of said chapter 32, and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. Subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county and district shall verify the cost thereof and the treasurer may make such payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees’ or state teachers’ retirement systems and including the commonwealth’s share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to subsection (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this item shall be made only pursuant to distribution of monies from the fund, and any such distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution. Such distributions shall not be made in advance of the date on which a payment is actually to be made. The state retirement board may expend an amount for the purposes of the higher education coordinating council’s optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to section 5B of said chapter 29 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded pension liability of the commonwealth.
Non Contributory Pension
SECTION
100. Notwithstanding
any general or special law to the contrary, pension benefits funded through
item 0612-2000 in fiscal year 2004 shall be funded from the Pension Reserves
Investment Trust fund, as established by subdivision (8) of section 22 of
chapter 32 of the General Laws. The state treasurer shall report to the house
and senate committees on ways and means not later than
Educational Transportation Study
SECTION 101. The executive office of transportation shall
perform a comprehensive study of student transportation, in cooperation with
the department of education, to determine a more cost-effective approach to
transporting students to and from school and other school-related activities
including, but not limited to, examining ways to improve coordination of bus
routes and other methods of transport within and among school districts,
evaluating the feasibility of establishing
a school transportation authority to oversee educational transportation, a
review of the current level of state and local payments for transportation, and
an analysis of the need for changes in the laws and regulations relative to
school transportation.
Jury List II
SECTION 102. (a) The jury commissioner shall establish an
administrative records list of the commonwealth's residents 17 years and older for
the purpose of testing the feasibility of using such a list for the creation of
jury pools. The following state agencies shall provide to the jury
commissioner, in electronic form, a list of residents 17 years and older
contained in their respective databases:
the state secretary, registry of motor vehicles, department of revenue,
department of transitional assistance and division of unemployment
assistance. In addition, cities and
towns that conduct an annual census shall provide such data and all public and
private colleges and universities shall provide
such data from enrollment records. The lists shall contain, names, residential
addresses, mailing addresses and dates of birth, to the extent that they
possess this information, in a format to be specified by the jury
commissioner. In those cases where a
federal waiver or authorization is needed in order to provide this information,
each agency or entity shall take all necessary steps to seek such authorization
or waiver. No information shall be provided to the jury commissioner beyond
that required to create the administrative records list. The jury commissioner shall treat the lists
and the information contained in them as confidential to the extent required by
law and none of these lists or information shall be public records. Nothing shall be included in any printed
administrative records list that would indicate the source from which the
information on any individual resident was derived. The commissioner may secure and use
additional lists from non-governmental institutions and sources in order to
create the administrative records list. The commissioner shall provide, in
electronic form, a copy of the administrative records list to the state
secretary for purposes of testing its use to maintain voter registration lists
and testing its use as a source for street lists for the cities and towns of
the commonwealth. Testing of the
administrative records list under this section shall not replace or alter any
requirement of present law for creating jury pools, maintaining voting lists or
establishing street lists, until further act of the general court. The jury commissioner and the state
secretary shall report their findings and recommendations based on the testing
required by this section to the clerks of the senate and house of
representatives not later than
(b) To advise the jury commissioner and the state secretary in carrying out subsection (a), there shall be an administrative records census task force, which shall consist of the jury commissioner or her designee, the state secretary or his designee, the secretary of administration and finance or his designee and 1 person appointed by each of the president of the senate, the speaker of the house of representatives, the Massachusetts Municipal Association, the Massachusetts City Clerks Association and the Massachusetts Town Clerks Association. The chair of the task force shall rotate annually among the jury commissioner, the state secretary, and the secretary of administration and finance or their respective designees. The task force shall consult persons with appropriate technical expertise and may ask them to attend task force meetings. The task force shall meet as often as necessary, but at least once every 6 months.
Special Commission on the Department of Youth Services
SECTION
103. There shall be a special commission to study
the department of youth services. The
commission shall consist of 11 members, including 3 members appointed by the
senate president, including the senate chair of the joint committee on the
judiciary, 3 members appointed by the speaker of the house of representatives,
including the house chair of the joint committee on the judiciary, 3 members
appointed by the governor, one of whom shall have research expertise on
juvenile offenders and one of whom shall be an advocate for youthful offenders,
and 2 members appointed by the president of the Massachusetts
Boston Harbor Beaches Commission
SECTION 104. There shall be a special commission on the future of the metropolitan beaches under
the jurisdiction of the department of conservation and recreation. The
commission shall review the effectiveness of the department’s “Back to the
Beaches” program and shall undertake a comprehensive study examining the
existing maintenance, operational and infrastructure needs for those beaches,
including, but not limited to, any security and capital-intensive repairs
necessary to ensure future recreational use of those beaches. The commission shall also examine best
management practices and funding alternatives for each beach, including, but
not limited to, public-private partnerships, non-profit entities or other
financial means that shall ensure access, quality recreational activities,
programming, and improved water quality and beautification efforts at any of
those beaches. Said commission shall
also analyze and make recommendations on alternatives and methods to improve
access from metropolitan beaches to the
For the purposes of this section, the beaches shall include, but not be limited to: Malibu beach, Constitution beach, Carson beach, City Point beach, M. Street beach, Pleasure Bay, Savin Hill beach, and Tenean beach in the city of Boston; Nantasket beach in Hull; Nahant beach in the town of Nahant; Winthrop beach in the town of Winthrop; Wollaston beach, Pleasure Bay, and Squantum Point park in the city of Quincy; Revere beach and Short beach in the city of Revere; and Red Rock park and Lynn beach in the city of Lynn.
The commission shall consist of 3 members of the house of representatives appointed by the speaker of the house, 1 of whom shall be appointed co-chair of the committee; 3 members of the senate appointed by the senate president, 1 of whom shall be appointed co-chair of the committee; 1 member appointed by the secretary of the executive office of environmental affairs or the secretary’s designee; 1 member appointed by the commissioner of the department of conservation and recreation or the commissioner’s designee; 2 members appointed by the mayor of the city of Boston, of whom each shall be a resident of the East Boston section of the city of Boston, a resident of the Dorchester section of the city of Boston or a resident of the South Boston section of the city of Boston; 6 members who are appointed by the chief executives or board of selectmen from the cities and towns of Hull, Nahant, Quincy, Revere, Lynn, and Winthrop; 1 member appointed by the Boston Foundation; 1 member appointed by the Greater Boston Chamber of Commerce; and 1 member appointed by the Boston University School of Public Management.
In carrying out the study, the commission shall hold hearings within close proximity to Boston harbor beaches to solicit testimony from interested stakeholders, including but not limited to: the executive office of environmental affairs, the department of conservation and recreation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the Boston Harbor Association, the Boston Harbor Islands Alliance, Save The Harbor/Save The Bay, local municipalities, non-profit organizations, friends’ groups, and business and community leaders.
The chairs of the commission may expend funds from item 9700-0020 for the following purposes: to hire a coordinator for the work of the commission, to hire consultants to examine existing resources and to assist with public hearings and planning efforts, to research best practices in the commonwealth and other states, and other such services as the chairs find necessary to conduct this study.
The
commission shall submit a report containing its recommendations by filing said
report with the clerks of the senate and house of representatives, and the
senate and house committees on ways and means not later than
Beach Erosion
Special Commission
SECTION 105. There shall be a special commission to study the ecological and environmental impact of beach erosion in the commonwealth. The commission shall study the beaches along the coast of the commonwealth with the goals of assessing the scope of the problem of beach erosion and drafting legislative recommendations for remediation. The commission shall review strategies pursued by other coastal states including, but not limited to, how other states implement and fund remedial efforts. The commission shall be comprised of 3 members of the house of representatives appointed by the speaker of the house, 1 of whom shall be appointed co-chair of the committee; 3 members of the senate appointed by the senate president, 1 of whom shall be appointed co-chair of the committee; 1 member appointed by the office of coastal zone management, 1 member appointed by the department of environmental protection, and 1 member appointed by the department of fish and game.
The
commission shall convene its first meeting by
MWRA Fee Exemption II
SECTION 106. Section 8 shall
take effect as of
Repeal of Children’s and Seniors’ Health Care Assistance Fund Effective Date
SECTION
107. Section 9 shall take effect on
Children’s and Seniors’ Health Care Assistance Fund Transfer
SECTION 108. As of
Effective Date
SECTION
109. Except
as otherwise specified, this act shall take effect on