FY 2007 7L Sections

SECTION 4. Section 16 of chapter 6A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following paragraph:- 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 Title XIX 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 such 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 such data matches to the originating agency, which shall take the appropriate action to ensure that costs to the commonwealth are minimized. Such 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.

SECTION 5. Chapter 92 of said General Laws, as so appearing, is hereby amended by striking section 34A in its entirety and inserting in place thereof the following section:—

Section 34A. The executive director of the office of travel and tourism, hereinafter referred to as the executive director, may receive and hold in trust for the commonwealth, exempt from taxation, any instrument of value, including but not limited to, any gift or bequest of money or other personal property, and any grant or devise of lands or rights in land for the purpose of fostering and advancing the MetroZoos zoological parks of the commonwealth and shall administer the same in such a manner as to carry out the terms of such bequests or gifts, grants, or devises. All money and securities received hereunder shall be transferred to the state treasurer, who shall preserve and invest the proceeds thereof, in notes or bonds secured by good and sufficient mortgage or other securities. Said trust property shall be known as the MetroZoos Zoological Trust, and shall be used and expended under the direction of the executive director after notification to the office of travel and tourism. Subject to the terms of any such grant, gift, devise, or bequest, the office of travel and tourism may expend such funds, whether principal or income.

SECTION 6. Chapter 92B of said General Laws, as so appearing, is hereby amended by striking section 1 in its entirety and inserting in place thereof the following section:—

Section 1. As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings:—

“Board”, the board of directors of the Commonwealth Zoological Corporation.

“Corporation”, the Commonwealth Zoological Corporation.

“Executive Director”, the executive director of the office of travel and tourism.

“Member”, a member of the board of directors of the Commonwealth Zoological Corporation.

“Office”, the office of travel and tourism.

“Society”, the Boston Zoological Society.

“Zoos”, Franklin Park Zoo and Walther D. Stone Memorial Zoo.

SECTION 10. Chapter 115A of the General Laws, as so appearing, is hereby amended by inserting the following section:—

Section 10A. (a) The commandant of the Soldiers' Home in Massachusetts may establish a program for the education and training of practical nurses and promulgate regulations pursuant thereto. The commonwealth may provide said education and training at no cost to the program participant, apart from fees and uniforms; provided, that a participant completing such education and training program and licensed as a practical nurse by the board of registration in nursing shall be required to obtain employment as a practical nurse at a state-operated facility for 2,000 hours on either a full time or part time basis as specified by the commandant, or as determined by the appointing authority of the state facility where the person becomes employed. Participants of said program shall be required to sign an agreement acknowledging both their work commitment to the commonwealth, or in lieu of completing said work commitment, their obligation to repay the cost of such education and training program to said Soldiers' Home in Massachusetts.

(b) In the event that a participant who has completed such education and training program, and who is licensed by said board as a practical nurse, fails to complete said employment requirement or any portion thereof, or fails to repay any or all of the costs thereof, the remaining contractual obligation between said Soldiers' Home and the participant shall be charged against the participant. The commandant shall, within his discretion, determine the names of those defaulting on their obligations in said training and education program and shall report those names, addresses, and license numbers to the board of registration in nursing. The commandant shall notify those he has determined to be in default that he has initiated proceedings that could result in the suspension or revocation of their licenses. The commandant shall also initiate an action to suspend or revoke the nursing license of each such defaulting participant before the division of administrative law appeals. Said division shall schedule an adjudicatory hearing under section 10 of chapter 30A within 30 days of receipt of the commandant's notice and shall notify the commandant and the licensee that they have the right to a full and fair hearing on the matter. For purposes of such hearings, the commandant's written representation, executed under the pains and penalties of perjury, with supporting documentation, to the division establishing that a participant is in default of his or her obligation shall be prima facie evidence to that effect. The commandant shall notify the board of registration in nursing of the final written decision of the division of administrative law appeals. If said division finds the license should be suspended or revoked, the board of registration in nursing shall, within 15 days of receipt of such finding, suspend or revoke any license. Within 30 days of receipt of notice of the final decision of said division, or if a petition for rehearing has been timely filed with said division, within thirty days after receipt of notice of said division's denial of such petition for rehearing, an aggrieved party may file for judicial review in superior court pursuant to section 14 of said chapter 30A.

(c) Any license suspended or revoked by this section shall not be reinstated or renewed until the commandant notifies the board of registration in nursing that the licensee is in good standing with respect to any and all costs or employment commitments to the commonwealth. Upon such notice, said board may reissue or renew the individual's license.

(d) Notwithstanding the foregoing, said board of registration in nursing may take any additional actions or sanctions against the individual as provided by law and regulation.

SECTION 13. (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 June 30, 2007. Based on the criteria in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of education.

(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 October 1, 2006 for an adjustment of its minimum required local contribution and net school spending.

(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 June 30, 2007 shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.

(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 October 1, 2006 for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.

(f) If the regional school budget has already been adopted by two-thirds 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 2007 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.

SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, the amounts transferred to the Commonwealth's Pension Liability Fund, pursuant to section 22C of chapter 32 of the General Laws, as appearing in the 2004 Official Edition, shall be made available to meet the Commonwealth's obligations pursuant to said section 22C, including retirement benefits payable by the state employees' and the state teachers' retirement systems, the costs associated with a three per cent cost-of-living adjustment pursuant to the provisions of section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102, and for the costs of increased survivor benefits pursuant to chapter 389 of the Acts of 1984. Subject to rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county, or district shall verify the cost of said obligations and the treasurer may make payments therefor upon a transfer of funds as hereinafter provided, 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 appropriated pursuant to section 22B of said chapter 32 and the amounts to be appropriated pursuant to clause (a) of the last paragraph of section 21 of chapter 138 of said General Laws. All payments for the purposes herein described shall be made only pursuant to distribution of monies from said 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; provided, that such distributions shall not be made in advance of the date on which any payment is actually to be made. Any request for distribution from said fund shall not be in excess of the amount necessary to provide sufficient monies to make all payments for the purposes herein before described. The state retirement board is authorized to expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of said 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.

SECTION 20. Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services, pursuant to section 16 of chapter 6A of the General Laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act, and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental services agreements with the University of Massachusetts medical school to perform such activities as the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include: (1) provision of administrative services, including, but not limited to, activities such as providing the 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 University of Massachusetts medical school relative to federally-reimbursable services provided by the University under said interdepartmental service agreements or other contracts with the executive office shall be distributed to said university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall be directed to certify said fees and pay upon the receipt of such revenue, reimbursement, or demonstration of costs avoided; provided, however, that the secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2007. The secretary of health and human services shall submit to the secretary of administration and finance and the house and senate committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel, and the amount of federal reimbursement and recoupment payments that said university was able to collect.

SECTION 22. Notwithstanding any general or special law to the contrary, in order to maintain the fiscal viability of the subsidized catastrophic prescription drug insurance program, hereinafter referred to as the "prescription advantage program", authorized by section 39 of chapter 19A of the General Laws, cost sharing required of enrollees in the form of co-payments, premiums, and deductibles, or any combination thereof, shall be adjusted by the department of elder affairs to reflect price trends for outpatient prescription drugs, as determined by the secretary of elder affairs. In addition to the eligibility requirements set forth in said section 39 of chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program shall also be enrolled in a Medicare prescription drug plan, a Medicare Advantage prescription drug plan, or in a plan which provides creditable prescription drug coverage as defined by section 104 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, hereinafter referred to as "MMA," and which provides coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D, hereinafter a "creditable coverage" plan.

In addition to the eligibility requirements set forth in said section 39 of chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program, who may qualify for the low-income subsidy, so-called, provided under the MMA Subpart P - Premiums and cost-sharing subsidies for low-income individuals, shall apply for those subsidies. To the extent permitted by MMA and regulations promulgated thereunder, and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare prescription drug plan or for the low-income subsidy provided under MMA and may receive information about the member's eligibility and enrollment status necessary for the operation of the prescription advantage program.

For enrollees who qualify for enrollment in a Medicare Part D plan, the prescription advantage program will provide a supplemental source of financial assistance for prescription drug costs, hereinafter referred to as "supplemental assistance" in lieu of the catastrophic prescription drug coverage provided pursuant to said section 39 of chapter 19A. The prescription advantage program will provide supplemental assistance for premiums, deductibles, payments, and co-payments required by a Medicare prescription drug plan or Medicare Advantage prescription drug plan, and will provide supplemental assistance for deductibles, payments and co-payments required by a creditable coverage plan. The department shall establish the amount of the supplemental assistance it will provide enrollees based on a sliding income scale and the coverage provided by the enrollees' Medicare prescription drug plan, Medicare Advantage prescription drug plan, or creditable coverage plan. In addition to the eligibility requirements set forth in section 39 of chapter 19A, to be considered eligible for the prescription advantage program, an individual must have a household income of less than 500 per cent of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

Residents of the commonwealth who are not eligible for Medicare will continue to be eligible for the prescription advantage program pursuant to said section 39 of chapter 19A.

SECTION 23. (a) Notwithstanding any general or special law to the contrary, in fiscal year 2007, the division of health care finance and policy, hereinafter referred to as the division, shall establish nursing facility Medicaid rates, payable out of the Health Care Quality Improvement Trust Fund established under section 2EEE of chapter 29, effective July 1, 2006 through June 30, 2007, that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002, as mandated under section 1 of chapter 42 of the acts of 2003. Payments from the fund shall be allocated in the following manner in fiscal year 2007:

(1) $287,950,000 for the purposes of Medicaid per diem rate payments to nursing homes participating in the MassHealth program for services provided to MassHealth members during fiscal year 2007, provided that as a condition for such funds, the division shall require that each nursing home document to the division that at least $50,000,000 of such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. A facility's direct care staff shall include any and all nursing personnel including registered nurses, licensed practical nurses, and certified nurses' aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. In monitoring compliance under this clause, the division's regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions, including, but not limited to, rate reductions imposed on or after October 1, 2002. The expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the executive office of health and human services;

(2) $300,000 for the purposes of an audit of funds distributed pursuant to subsection (1). 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 subsection (1), including but not limited to recoupment, assessment of fines or interest; and

(3) $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.
(b) 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 to fund the expenditures described herein.

SECTION 24. Notwithstanding any general or special law to the contrary, the commissioner of the department of revenue, in consultation with the secretary of transportation, shall conduct a comprehensive study to determine the most efficient way to design and implement a program that would equitably reimburse operators of Class 1 vehicles, as defined in 730 CMR 7.03 or 740 CMR 11.03, for a certain percentage of the tolls paid during any calendar year on roadways, bridges or tunnels maintained by the turnpike authority or the port authority. The commissioner of the department of revenue and the secretary of transportation shall file a joint report with the house and senate committees on ways and means and the joint committee on transportation on or before March 1, 2007. The report shall included, but not be limited to: (a) the most efficient means to implement and administer such a toll reimbursement or rebate program; (b) whether the program should be limited to drivers using electronic transponders; (c) an estimate of all costs associated with designing, implementing and maintaining the program based on a range of percentage rates applicable to the reimbursement or rebate; and, (d) proposed guidelines for program eligibility and for administering the program.

SECTION 25. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall submit a report to the house and senate committees on ways and means not later than January 15, 2007 detailing each district attorney’s office use of private rental space. The report shall include, but not be limited to, the following: 1) the annual cost of leasing private space for each district attorney’s office; 2) the existence and availability of any state owned space within each district attorney geographical jurisdiction that could accommodate the minimum square footage needs of the district attorney’s offices; and 3) by each district attorney’s office, future savings that could be achieved by relocating any district attorney’s office from privately leased space to state owned space. The division shall also submit a report to the house and senate committees on ways and means not later than February 15, 2007 detailing the use of private lease space throughout the trial court. The report shall include, but not be limited to, the following: 1) the annual cost of private lease space used by the central administration office of the trial court and any department of the trial court; 2) the existence and availability of any state-owned space that could accommodate the minimum square footage demands of the central administration office of the trial court; 3) future savings that could be achieved by relocating the central administration office of the trial court to 3 Pemberton Square, Boston, Massachusetts; and 4) future savings that could be achieved by relocating non-state agencies from state-owned space to accommodate the minimum square footage demands of the central administration office of the trial court.