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EHS 625
THERAPEUTIC CONTACT LENSES
Mr. Hart moved that the bill be amended Senator Hart of South Boston moves to amend the bill by adding the follow section:-
Section XX: Section 9(b) of chapter 94C of the General Laws is hereby amended in the third paragraph by inserting at the end thereof the following:
This section shall not be construed to prohibit a physician or an optometrist from the in-office dispensing and sale of therapeutic contact lenses as long as the medication contained in such lenses is within the profession’s designated scope of practice.
“Therapeutic contact lenses” means contact lenses which contain one or more medications and which deliver such medication to the eye.
Section 66b
of Chapter 122 of the General Laws is hereby amended after the third paragraph by inserting the following:
This section shall not be construed to prohibit an optometrist from the in-office dispensing and sale of therapeutic contact lenses as long as the medication contained in such lenses is within the profession’s designated scope of practice.
“Therapeutic contact lenses” means contact lenses which contain one or more medications and which deliver such medication to the eye.
EHS 626
SOUTH BOSTON NEIGHBORHOOD HOUSE
Mr. Hart moved that the bill be amended, in section 2, in item 4512-0200, by inserting after the word “services” the following:-
“; provided further, that not less than $35,000 shall be expended for the Adolescent Education program of the South Boston Neighborhood House in the South Boston section of the city of Boston”
EHS 627
ADMINISTRATIVE SIMPLIFICATION
Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new section:
Section XX: Any legislative study or regulatory effort to promote administrative simplification in the processing of claims for health care services under health benefit plans by carriers, as defined in section 1 of chapter 176O of the General Laws, shall, before making any recommendations or adopting any regulations, consult with the MHA/MMS/MAHP/EACH Administrative Simplification Collaborative, also known as the Massachusetts Administrative Simplification Collaborative, in conjunction with a representative of the group insurance commission, the attorney general, a representative of the Centers for Medicare and Medicaid Services, a representative from an employer association and a representative from a health care consumer group.
EHS 628
EARLY INTERVENTION FIRST DOLLAR
Mr. Berry, Ms. Menard, Ms. Spilka, Mr. Joyce, Ms. Fargo, Mr. Brewer, Mr. Donnelly, Mr. Downing, Mr. Timilty, Ms. Jehlen, Ms. Chang-Diaz moved that the bill be amended by inserting, after Section__, the following new Sections:-
“SECTION__. The
third paragraph of section 47C of chapter 175 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.
SECTION __. The third paragraph of section 8B of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.
SECTION __. The third paragraph of section 4C of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.
SECTION__. The second paragraph of section 4 of chapter 176G of the General Laws, as so appearing, is hereby amended by striking the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles. “
EHS 629
PEDIATRIC DISPROPORTIONATE SHARE PAYMENTS
Mr. Hart moved that the bill be amended, in section 2, in item 4000-0300 the following:- “Provided that in establishing rates of payment and an efficiency standard for inpatient care for pediatric patients, the Secretary shall only utilize cost or discharge data from providers that maintain licensed pediatric and pediatric intensive care unit beds; provided further that the discharge data shall exclude normal newborn cases and that the payment methodology for pediatric care shall be no more restrictive than that for adult care.”
Redraft EHS 630
Mr. Tolman and Ms. Flanagan moved that the bill be amended, in section 2, in item 4512-0200, by inserting after "programs for services” the following:- "and provided, that the bureau of substance abuse services shall operate a parental support group that assists parents of loved ones with a substance use disorder, facilitates local forums to help educate the public on substance use disorders and coordinates with state agencies to disseminate information throughout the commonwealth about substance use disorders, said network shall operate in two or more locations in massachusetts and maintain an active website that provides parents with information about and resources for dealing with opiate addiction".
and further by striking the figure “$74,515,802” and inserting in place thereof the figure: - “$74,615,802”.
EHS 631
MEDICAID ANALYSIS
Mr. Berry moved that the bill be amended in Section 133 by inserting after the word “thereunder” the following words:-
“provided further that the Inspector General is authorized and directed to expend funds from the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws to conduct a study and review of the Massachusetts Medicaid program including but not limited to claims administration. The Inspector General shall report his preliminary findings and recommendations to the Secretary and the House and Senate Ways and Means Committees within 90 days of receipt of necessary clams data from the Secretary and the final report 90 days thereafter.”
EHS 632
WITHDRAWN
EHS 633
WITHDRAWN
WITHDRAWN
EHS 634
RUSSIAN COMMUNITY ASSOCIATION
Mr. McGee moved that the bill be amended, in section 2, in item 4003-0122, by adding at the end thereof the following: “provided further, that no less than $150,000 shall be expended for the Massachusetts Russian Community Association”; and in said item, by striking out the figures “$250,000” and inserting in place thereof the figures “$400,000”.
EHS 635
GAVIN HOUSE TOTAL IMMERSION PROGRAM
Mr. Hart moved that the bill be amended, in section 2, in item 4512-0200, by inserting after the word”costs” the words “; provided further that not less than $319,500 shall be expended for a contract with the Gavin Foundation to provide a total immersion program in conjunction with the probation departments of the South Boston division of the district court, Department of Trial Courts, and other district courts.”.
EHS 636
EMPLOYER FAIR SHARE CONTRIBUTIONS
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Sections:-
“SECTION __. Section 188 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 19, the word “equivalent”.
SECTION __. Subsection (c) of section 188 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:
(11) For the purpose of the fair share contribution compliance test, an employer may count employees that have qualifying health insurance coverage from a spouse, a parent, a veteran’s plan, Medicare, Medicaid, or a plan or plans due to a disability or retirement towards their qualifying take-up rate as a “contributing employer”, as defined by the Division of Health Care Finance and Policy. The employer is still required to offer group medical insurance and must keep and maintain proof of their employee’s insurance status.”
Redraft EHS637
Mr. Berry moved that the bill be amended in Section 133 by inserting after the word “thereunder” the following words:-
“provided further, that the Inspector General is authorized and directed to expend funds from the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws to conduct a study and analysis of the Federal Medicaid Integrity Program’s impact on the Commonwealth’s Medicaid providers and make appropriate recommendations within 60 days of the effective date of this act.”
EHS 638
WELFARE REFORM
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section___, the following new Section:-
“SECTION X. Section 110 (d) of Chapter 5 of the Acts of 1995 is hereby amended by inserting after the end of the first paragraph the following paragraph: -
“Notwithstanding any law or provision to the contrary, families ineligible for cash assistance may be considered recipients for purposes of eligibility for employment support program funded services, including child care, provided that such services are made available for the purpose of enabling recipients to begin and/or maintain employment, and that a sliding scale is used to administer those benefits in a manner consistent with facilitating economic independence.”
SECTION 2. The Secretary of Health and Human Services, the Secretary of Administration and Finance, and the Commissioner of the Department of Transitional Assistance are hereby authorized and directed to develop a methodology for the implementation of Section 1 above, by which employment support program funded services are provided to recipients for the purposes of encouraging them to begin or maintain employment without suffering a disadvantage as compared to remaining unemployed in order to receive any and all available benefits.
SECTION 3. The provisions of Section 1 shall become effective one year following the passage of this Act. The methodology required by Section 2 shall be developed not later than six months following the passage of this Act.”
2nd Redraft EHS 639
Mr. Joyce moved that the bill be amended, in section 2, in item 9110-1500, by inserting the following: - “provided further, that funds may be expended for the purpose of continuing the administration of the geriatrics program, previously funded in line item 9110-1900 of Section 2 of Chapter 182 of the Acts of 2008.”
EHS 640
SERVICES FOR DEVELOPMENTALLY DISABLED
Mr. Joyce moved that the bill be amended, in section 2, in item 5911-2000, by inserting the following: - “, provided further, that funds shall be expended for services to the developmentally disabled provided by Grow Associates, Inc. pursuant to item 5920-2000 section 2 of chapter 182, of the acts of 2008.”
Redraft EHS 641
SOUTH BOSTON COMMUNITY HEALTH CENTER
Mr. Hart moved that the bill be amended, in section 2, in item 4000-0700, as follows: “; and provided further, that notwithstanding the foregoing, not less than $500,000 shall be expended to fund an increase in the FY 2011 rate paid by the Executive Office of Health and Human Services, MassHealth Office, to South Boston Community Health Center, and said increase shall be in addition to any rate increase provided for community health centers herein;” and be it further amended that “the sum of $400,000 will be awarded to a federally funded section 330 community health center with at least two community health center sites serving medically underserved areas of Dorchester and South Boston, including at least one public housing project”.
EHS 642
DHCFP ASSESSMENT
Mr. Buoniconti moved that the bill be amended, in section 2, in item 4100-0060, by striking, after the words “chapter 118G”, the words “not less than 10 per cent of the total estimated expenses” and inserting in place thereof the words “the lesser of $2,000,000 or 10 per cent of the total estimated expenses”
EHS 643
MANAGED CARE FOR MEDICAID PARTICIPANTS
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION
__. Chapter 118E
of the General Laws, as most recently amended by chapter 451 of the Acts of
2008, is hereby amended by adding the following new section:-
Section
63. The Executive Office of Health and Human Services
shall discontinue membership in the Mass Health fee-for-service program and
primary care clinician plan, and shall begin enrolling all members, meeting
eligibility requirements as established pursuant to applicable federal and
state law and regulation, into a Medicaid managed care organization that has
contracted with the commonwealth to deliver such managed care services, in
accordance with the enrollment and assignment processes for other eligible
categories and at the appropriate levels of premium.”
EHS 644
DUNBAR COMMUNITY CENTER
Mr. Buoniconti moved that the bill be amended, in section 2, in item 4800-0038, by inserting at the end thereof the following:-
“; provided further, that not less than $100,000
shall be expended for the Dunbar Community Center in the city of Springfield;”
Redraft EHS 645
Mssrs. Buoniconti and Knapik moved that the bill be amended by inserting at the end thereof the following section:-
“SECTION XX (a) Notwithstanding any general or special law to the contrary, the undersecretary of the department of housing and community development shall make a report detailing recommended regulations to end the practice of housing homeless residents in hotels or motels throughout the commonwealth and the costs associated with said practice. The report shall include, but not be limited to: the recommended guidelines for usage of temporary housing alternatives which provide cost savings to the commonwealth; a timeline to eliminate the practice of using hotels and motels within 1 year of this report, the cost of school transportation from out-of-district emergency assistance placements; the cost of the usage of hotels and motels versus the cost of using shelters; and the availability of unused shelter space not currently under contract by the department. The report shall be submitted to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means not later than 60 days after the effective date of this act.
(b) Recipients of shelter benefits provided through the program of emergency assistance pursuant to section 30 of chapter 23B of the general laws, shall be placed in hotels and motels only when other shelter units available to the department are not adequate to meet the needs of a recipient of benefits; provided, that a recipient of shelter benefits may be placed in a hotel or motel when the number of shelter units for which the department has contracted is insufficient to meet demand or when such placements are to accommodate a disability, allow placement near a home community or enable a child to continue attending school in such community, or otherwise meet the needs of an eligible family that cannot be met through placement in contracted shelter units.
(c) Any family placed in a hotel or motel shall receive assessment and housing search services within 10 business days of placement and regularly thereafter. When the department places any child under the age of 3 years in a hotel or motel, the department must notify the department of children and families within 24 hours of any such hotel or motel placement; provided further, that the department of housing and community development shall ensure that any such family with a child under the age of 3 shall be provided with a crib for such child upon placement at the hotel or motel; provided further, that the department of children and families shall make an inspection of the room and crib provided to ensure the safety of the child; and provided further, that if the hotel or motel in which any such child under the age of 3 years is placed fails to provide such child with a safe and adequate crib, said hotel or motel may be subject to a fine not to exceed $10,000 per violation.
(d) Prior to contracting with a hotel or motel to provide rooms for families receiving emergency assistance, the department shall notify the local department of health. Within 5 business days of placing a family with a school aged child in a motel, the department shall notify the local school department.”
EHS 646
SOUTH BOSTON COMMUNITY HEALTH CENTER (2)
Mr. Hart moved that the bill be amended, in section 2, in item Section 2, in item 4512-0200, by inserting after the word ”costs” the words “; provided further that not less than $250,000 shall be expended to maintain the current levels of substance abuse programs at the South Boston Health Center located in the South Boston section of Boston.”
EHS 647
MEDICAID LIFETIME CAPS
Mr. Buoniconti moved that the bill be amended by inserting at the end thereof the following section:-
“SECTION XX: In order to assure timely and comprehensive implementation of the federal Patient Protection and Affordable Care Act, the Office of Medicaid is hereby directed to develop a collaborative effort with other state agencies and pediatric specialty providers to identify MassHealth-eligible children currently or previously subjected to lifetime or annual caps by private payors, and shall utilize available resources through its Third Party Liability Program or other relevant funding mechanisms to maintain or re-enroll such children in private coverage. The Office of Medicaid shall report on the estimated annual cost avoidance savings of this initiative no later than January 1, 2011.”
EHS 648
HEAD INJURED SERVICES
Mr. Eldridge, Ms. Tucker and Ms. Fargo moved that the bill be amended, in section 2, in item 4120-6000 by striking out the figure: “11,184,482” and inserting in place thereof the following figure: “13,181,382”.
EHS 649
MASSACHUSETTS HOSPITAL SCHOOL
Mr. Joyce moved that the bill be amended by inserting at the end thereof the following new section: -
SECTION_____ The Massachusetts general laws are hereby
amended by striking Chapter 111, Section 62K and inserting in place thereof the
following section:–
Chapter 111: Section 62K.
Trustees; corporation; additional powers and duties; grants; devises; gifts;
trusts
Section 62K. The trustees shall be a corporation for the purpose of taking and holding, by them and their successors, in the name of the commonwealth, and in accordance with the terms thereof, any grant or devise of land, bequest of personal property or money or other funds, whether income or principal and whether acquired by gift or contribution or otherwise made, or generated by the trustees for the use or benefit of the school, its students, former students or graduates or any association thereof. Consistent with said purpose, the trustees shall have all the powers permitted a non profit corporation under Massachusetts law and an exempt organization described in section 501(c) 3 of the IRS Code, including among others, the power to employ such agencies as they may from time to time determine to be wise and proper for the administration of said funds, and from funds received or the income thereof, to pay such expenses as may be necessary for said administration, or may, with notification to the governor or council, delegate any powers conferred by this section upon any such company or corporation. In the use, management and administration of such funds, the trustees or their agents shall in their discretion so act as most effectively to benefit the school, its students or graduates or any association thereof. No trustee shall be answerable for the default or neglect of any co-trustee, or of any agent employed hereunder, or of any corporation to which power is delegated or transferred as herein authorized.
EHS 650
NORTHERN EDUCATIONAL SERVICES
Mr. Buoniconti moved that the bill be amended, in section 2, in item 4512-0200, by inserting at the end thereof the following:-
“provided further, that not less than $150,000 shall be expended for Northern Educational Services, Inc., in Springfield”
EHS 651
PREMATURE INFANTS
Mr. Buoniconti moved that the bill be amended by inserting at the end thereof the following new section:-
SECTION XX: Chapter 111 of the General Laws is hereby amended by inserting after section 67C the following section: -
Section 67C ½
(1) The department shall prepare written educational publications containing information about the possible complications, proper care and support associated with newborn infants who are born premature at less than 37 weeks gestational age. The written information shall at a minimum include the following:
- The unique health issues affecting infants born premature, such as: increased risk of developmental problems; nutritional challenges; infection; chronic lung disease ( bronchopulmonary dysplasia); vision and hearing impairment; breathing problems; feeding; maintaining body temperature; jaundice; hyperactivity; infant mortality as well as long-term complications associated with growth and nutrition; respiratory problems; fine motor skills; reading; writing; mathematics and speaking.
- The proper care needs of premature infants, developmental screenings and monitoring and healthcare services available to premature infants through the Medicaid program and other public or private health programs.
- Methods, vaccines and other preventative measures to protect premature infants from infectious diseases, including viral respiratory infections.
- The emotional and financial burdens and other challenges that parents and family members of premature infants experience and information about community resources available to support them.
(2) The publications shall be written in clear language to educate parents of premature infants across a variety of socioeconomic statuses. The department may consult with community organizations that focus on premature infants or pediatric healthcare. The department shall update the publications every two years.
(3)
The Department shall distribute these publications to children’s health
providers, maternal care providers, hospitals, public health departments and
medical organizations and encourage those organizations to provide the
publications to parents or guardians of premature infants.
(4) The Department along with MassHealth and in
consultation with statewide organizations focused on premature infant healthcare, shall:
- Examine and improve hospital discharge and follow-up care procedures for premature infants born less than 37 weeks gestational age to ensure standardized and coordinated processes are followed as premature infants leave the hospital from either a Level 1 (well baby nursery), Level 2 (step down or transitional nursery) or Level 3 (neonatal intensive care unit) unit and transition to follow-up care by a healthcare or homecare provider in the community.
- Encourage hospitals serving infants eligible for medical assistance and child health assistance to report to the state the causes and incidence of all re-hospitalizations; out patient emergency visits of infants born premature at less than 37 weeks gestational age within their first six months of life.
- Utilize
guidance, if available, from the Centers for Medicare and Medicaid
Services’ Neonatal Outcomes Improvement Project to implement programs to
improve newborn outcomes, reduce newborn health costs and establish
ongoing quality improvement for newborns, including hospital discharge and
follow-up care.
(5) MassHealth shall submit an annual report to the General Court
by November 1 of each year that provides information about:
(1)
the programs progress in implementing the
provisions of this section;
(2)
the incidence and causes of re-hospitalizations
of infants born premature at less than 37 weeks gestational age within their
first six months of life; and
(3)
recommendations to improve newborn
outcomes and ensure ongoing health quality improvement, including technological
needs to improve surveillance of premature infants as they are discharged from
the hospital and transition to a healthcare provider in the community.
EHS 652
SOUTH END COMMUNITY CENTER
Mr. Buoniconti moved that the bill be amended, in section 2, in item 4800-0038, by inserting at the end thereof the following:-
“;and provided further that not less than $100,000 shall be expended for the South End Community Center in Springfield;”
EHS 653
MANDATORY PRESCRIPTION DRUG COVERAGE
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Section 1 of chapter 111L, as added by section 12 of chapter 58 of the acts of 2006, is hereby amended by inserting at the end of the definition of the term “Creditable coverage” the following words:-
Minimum creditable coverage, as defined by the board under the authority granted herein, shall not require, in the case of individuals subject to section 2 of chapter 58 of the acts of 2006, coverage for prescription drugs.”
2nd Redraft EHS 654
Mssrs. Buoniconti, Baddour and Knapik moved that the bill be amended by inserting at the end thereof the following section:-
SECTION XX. Notwithstanding any general or special law to the contrary, eligible recipients of direct cash assistance shall be prohibited from the use of direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages or tobacco products. An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by imprisonment in a house of correction for not more than 2 ½ years or a fine of $1000 or both such fine and imprisonment.
SECTION XX. Notwithstanding any general or special law to the contrary, whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided by the Department of Transitional Assistance, or whoever receives, conceals or retains such funds, assets or property for his or her own interest, knowing such funds, assets or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such funds, assets or property are of the value of $100 or more, be fined not more than $25,000 or imprisoned not more than five years, or both, or if such funds, assets or property are of a value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
EHS 655
STUDY OF ASSET TEST FOR MASSHEALTH
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION XX. There shall be a commission to conduct an investigation and study of the potential costs and benefits that may result from requiring asset testing to determine eligibility for MassHealth. The commission shall consist of 7 members as follows: 3 people to be appointed by the governor, 1 of whom shall be the secretary of health and human services or his designee, who will serve as chair; the senate chair of the joint committee of health care financing; the house chair of the joint committee on health care financing; 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives. The commission shall submit its report and findings, along with any draft of legislation, to the house and senate committees on ways and means and the joint committee on public service within 90 days of the passage of this act.”.
EHS 656
TURNING 22
Ms. Jehlen, Mr. Morrissey, Ms.
Tucker, Ms. Fargo, and Mr. Eldridge moved that the bill be amended, in section
2, in item 5920-5000, by striking out
the figure: “5,000,000” and inserting in place thereof the following figure:
“7,700,000”; and be further amended by inserting after words, “in each region”,
the following:- “that the amount appropriated under
this item shall annualize to $18,664,660 in fiscal year 2012”.
EHS 657
DHCFP ASSESSMENT
Messrs. Tarr and
Tisei moved that the bill be amended, in section 2, in item 4100-0060, by
striking out the words “provided further, for the purposes of supporting the
division’s expanded role in developing health care policies that benefit
government entities, providers, purchasers, and consumers, the division shall
assess surcharge payors as defined in section 34 of
chapter 118G, not less than 10 per cent of the total estimated expenses
appropriated for the division and the health safety net office, including
indirect costs, in fiscal year 2011, less amounts projected to be collected in
fiscal year 2011 from: (a) filing fees; (b) fees and charges generated by the
division’s publication or dissemination of reports and information; and (c)
federal financial participation received as reimbursement for the division’s
administrative costs; provided further, that the assessment on surcharge payors shall be calculated in a manner similar to the
assessment authorized under section 38 of chapter 118G, and shall be collected
in a manner consistent with the provisions of chapter 118G and deposited in the
General Fund”, and inserting in place thereof the following words:- “provided further, that funds may be expended for the
purposes of a review of efforts by state agencies to decrease administrative
complexity and costs on health care entities, including the effectiveness of
such efforts to streamline administrative and regulatory requirements and the
impact on lowering health care costs, and such review shall examine efforts by
the Division, the Executive Office of Health and Human Services, the Division
of Insurance, the Office of the Attorney General, the Group Insurance
Commission, the Health Connector, and MassHealth;
provided further that the Division shall file a report of its findings with the
joint committee on health care financing no later than January 1, 2011, which
may hold an oversight hearing on the study's findings”.
Redraft EHS 658
PREVENTING HOMELESSNESS AMONG RECEIPTS OF
TRANSITIONAL ASSISTANCE
Ms. Jehlen, Ms. Fargo, Ms. Spilka, Mr. Eldridge, and Mr. Tarr moved that the bill be amended, in section 2, in item 4400-1000 by adding the following words:-
“; provided further, that not later than December 1, 2010, the department shall submit to the house and senate committees on ways and means, the chairs of the joint committee on housing and the chairs of the joint committee on children, families and persons with disabilities a report setting forth: (a) a proposal for the department to offer not less than once annually, recipients of benefits and services provided by the department with the goal of identifying those households who are at risk of homelessness and referring them to the department of housing and community development or other entities or agencies with homelessness prevention resources; and (b) an estimate of the amount of any additional administrative resources that would be needed for the department to implement the proposal in fiscal year 2012; and provided further, that implementation of the proposal shall be subject to appropriation in fiscal year 2012”.
EHS 659
PCA WORKFORCE COUNCIL
Ms. Candaras moved that the bill be amended, in section 2, in item 4000-0050, by striking the figure “167,708” and inserting in place thereof the following:-
“$183,758”
EHS 660
Redraft EHS 661
NORCS-NATURALLY OCCURRING RETIREMENT COMMUNITIES
Ms. Creem, Ms. Spilka, Mr. M. Moore, and Ms. Walsh moved that the bill be amended, in section 2, in item 9110-1660, by inserting after the word “services” the following words:- “and naturally occurring retirement communities”
EHS 662
MA HEALTH ADULT DENTAL
Ms. Chandler, Ms. Chang-Diaz, Mr. Hart, Ms. Jehlen, Mr. Eldridge, Ms. Fargo, Mr. O'Leary, Ms. Spilka, Ms. Flanagan and Mr. Morrissey moved that the bill be amended, in section 2, in item 4000-0600, by striking the figure “$2,488,616,244” and inserting in place thereof the figure “$2,544,616,244”, and by striking Section 134.
Redraft EHS 663
Mr. Tarr moved that the bill (Senate, No. 4) be amended by inserting, after section X, the following section:-
“SECTION XX. The secretary of administration and finance and the secretary of health and human services shall evaluate the feasibility of contracting for recycling durable medical equipment purchased and issued by the commonwealth through its medical assistance programs.
Said evaluation shall include, but not be limited to, a request for qualifications and proposals for entities capable of developing, implementing and operating a system of recycling whereby an inventory of such equipment is developed and managed so as to maximize the quality of service delivery to equipment recipients and to minimize costs and losses attributable to waste, fraud and abuse.
After completion of the evaluation, if the secretary of health and human services, in consultation with the secretary of administration and finance, determines that there is a proposal that would result in substantial cost savings for the commonwealth, the secretary of health and human services may adopt the proposal.”.
2nd Redraft EHS 664
CONSOLIDATION OF DMH AREA OFFICES
Ms. Menard moved that the bill be amended, in section 2, in item 5011-0100, by adding at the end thereof the following: “provided further, that the department shall take no steps to terminate any acute inpatient services, partial hospitalization program or outpatient medication clinic at the John C. Corrigan Mental Health Center or the partial hospitalization program at the Pocassett Mental Health Center until a study of any reduction or elimination or services shall be completed, and the General Court shall have approved by law any such reductions or closing; provided further, that the Secretary of Administration and Finance shall conduct a study which shall examine the costs, benefits and quality maintaining said programs and shall identify alternative methods of providing the services currently provided by Corrigan Mental Health Center in Greater Fall River, and the Pocassett Mental Health Center in Bourne; provided further, that the Secretary shall report in writing on the findings and recommendations of said study to the House and Senate Committee on Ways and Means and the Joint Committee on Mental Health and Substance Abuse no later than April 15, 2011.”
EHS 665
COMMUNITY COALITIONS
Mr. Brewer moved that the bill be amended, in section 2, in item 4590-0250, by inserting at the end the following words:- “provided further, that funds may be expended for the Massachusetts Model of Community Coalitions”
EHS 666
GLBT YOUTH VIOLENCE PREVENTION
Mr. Rosenberg moved that the bill be amended, in section 2, in item 4513-1130, by inserting at the end thereof the following:-
“provided further, that funds shall be expended for statewide suicide and violence prevention outreach to gay and lesbian youth, and the public health model of community engagement and intervention services for crisis housing for sexual violence and intimate partner violence in the GLBT community”.
EHS 667
Massachusetts Rehabilitation Commission
(LIFE)
Mr. Kennedy moved that the bill be amended, in section 2, in item 4120-4000, in line 1, by inserting after the figure “$11,897,969,” the following: - provided that not less than $30,000 shall be expended for the Massachusetts Rehabilitation Commission Independent Living Account – the L.I.F.E Living Independently for Equality, Inc. of Brockton… $11,927,969.
EHS 668
FURTHER REGULATING MASS HEALTH
CUSTOMER SERVICE CONTRACT TRANSPARENCY
Mr. Morrissey moved that the bill be amended by adding at the end thereof, the following new section:-
“The inspector general shall review and comment, within 30 days of enactment of this Act, any award, transfer or procurement by the Executive Office of Health and Human Services of any of the services currently being provided under the Customer Services Contract responsible for “The Provision of Key Operations Services to the Mass Health Member and Provider Communities”, to private vendor or to any Department of the Commonwealth as defined by 815 CMR 6.02.”
Redraft EHS 669
SUPPLEMNTAL WAIVER FOR QUINCY MEDICAL CENTER
Messrs. Morrissey, Panagiotakos, Brewer, Rosenberg, Downing, Baddour, Joyce, O’Leary, Tolman, Richard T. Moore, Knapik, and Ms. Walsh, Ms. Fargo, Ms. Murray, Ms. Flanagan, Ms. Tucker, Ms. Spilka, and Ms. Chang- Diaz, moved that the bill be amended by adding at the end of the bill the following new section:-
“Section XX. There shall be established the Distressed Community Provider Trust Fund, which shall be administered by the secretary of the executive office of health and human services.
Notwithstanding any general or special law to the contrary, in fiscal year 2011, the comptroller is hereby directed to transfer not less than $10,000,000 from the General Fund to the Distressed Community Provider Trust Fund for the purpose of making expenditures as described in this section. The secretary shall authorize expenditures from the fund, without further appropriation, to assist acute care hospitals, including disproportionate share hospitals, that are in extreme financial distress. The secretary shall consider applications from hospitals that meet one or more of the following seven criteria: (i) have an operating margin below the median operating margin of eligible disproportionate share hospitals in hospital fiscal years 2007, 2008 and 2009; or (ii) have a total margin below zero for both hospital fiscal years 2008 and 2009; or (iii) have an operating margin at or below the median of eligible disproportionate share hospitals in hospital fiscal year 2009; or (iv) operate an American College of Surgeons-verified region 3 level 3 trauma center; or (v) operate a hospital licensed by the department of public health as chronic disease hospital providing services solely to children and adolescents; or (vi) operate as both a disproportionate share hospital and a sole community hospital; or (vii) operate as a disproportionate share hospital with a psychiatric lock down inpatient unit in region 5. The secretary shall structure expenditures under this section to maximize allowable federal reimbursement under Title XIX. Hospitals receiving funds under this section shall not be precluded from also receiving funds through any grants or rates authorized under items 4000-0500 or 4000-0700 in section 2 and expended to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively. The secretary shall accept applications to receive funds up to and until January 1, 2011, and shall distribute said funds on or before March 31, 2011. The secretary shall file with the house and senate committees on ways and means a distribution plan for the funds, and the extent to which expenditures qualify for federal financial participation, on or before March 1, 2011. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the General Fund.”
EHS 670
EOHHS IT FUNDING
Ms. Candaras moved that the bill be amended, in section 2, in item 4000-1700, by striking the figure “$82,110,075” and inserting in place thereof:-
“$91,374,514”
EHS 671
MASSACHUSETTS COMMISSION FOR THE DEAF AND
HARD OF HEARING
Mr. Morrissey moved that the bill be amended, in Section 2, in item 4125-0100, by striking out the figures “$4,895,345” and inserting in place thereof the figures “$5,114,682”.
EHS 672
HEALTH CENTER TECHNICAL ASSISTANCE FUNDING
Mr. Morrissey moved that the bill be amended, in Section 2, in item 4510-0110, by adding at the end of the first sentence the following:-
“Provided further that not less than $225,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under Section 330(f)(1) of the United States Public Health Service Act at 42 USC 254c(f)(1).”
EHS 673
YOUTH VIOLENCE PREVENTION GRANTS
EHS 674
ROCA
Mr. Hart moved that the bill be amended, in section 2, in item by inserting after the words“health services;” the following words:-
“provided further, that not less than $175,000 shall be expended for ROCA, Inc. for outreach and youth development for at-risk youth and young adults; provided further, that of said $175,000, not less than $75,000 shall be expended for such programs in the Bowdoin/Geneva and the Uphams Corner/North Dorchester sections of Boston;”
EHS 675
CONSOLIDATED IT ACCOUNT
Mr. Hart moved that the bill be amended, in section 2, in item 4000-1700 by striking out the figure “82,110,075” and inserting in place thereof the following:- $91,374,514
EHS 676
WITHDRAWN
Redraft EHS 677
Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-
“SECTION XX. Chapter 111 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out section 25I and inserting in place thereof the following section:-
Section 25I. The commissioner shall promulgate regulations requiring that either a resident or consultant pharmacist in a health care facility shall return to the pharmacy from which it was purchased all unused medication; provided that such medication is sealed in unopened, individually packaged units and within the recommended period of shelf life, and provided that such medication is not a schedule I or II controlled substance as defined in chapter 94C. Such pharmacies shall accept all such unused medications regardless of whether such medications are included on any list of unit-dose drugs issued by the department or the division of medical assistance, but may decline to accept, restock, and redistribute any medication which, in the pharmacist’s professional judgment, is not fit to be reused. Any rules and regulations issued by the commissioner shall permit the pharmacy to which such medication is returned to restock and redistribute such medication. The pharmacy shall be required to reimburse or credit the purchaser for any such returned medication. For the purposes of this section, prescription drugs that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements may not be accepted or distributed under the provisions of this section”.
EHS 678
LGBT SENIORS
Mr. Eldridge, Mr. Rosenberg, Ms. Fargo and Ms. Chang-Diaz moved that the bill be amended, in section 2, in item 9110-9002 by inserting after the words “secretary of elder affairs;” the following “provided further that funding shall be expended for provider training and outreach for LGBT elders and caregivers;”
EHS 679
EMPLOYMENT SUPPORTS FOR DISABLED ADULTS
Mr. Eldridge, Ms. Jehlen, Ms. Tucker and Ms. Fargo moved that the bill be amended, in section 2, in item 4120-3000, by striking out the figure: “$2,630,752” and inserting in place thereof the following figure: “$4,170,817”.
Redraft EHS680
STATEWIDE ADVOCACY FOR VETERANS EMPOWERMENT
Messrs. Donnelly and Kennedy moved that the bill be amended, in Section 2, in item 4513-1026, by adding at the end thereof the following:-
“provided that the SAVE Team in the department of veterans’ services for suicide prevention and intervention services shall receive an amount that is no less than the amount it received in fiscal year 2010”.
EHS 681
WITHDRAWN
EHS 682
Cal Ripken Sr.
Mr. Buoniconti moved that the bill be amended, in section 2, in item 4590-1507, by striking the section in its entirety and inserting in place thereof the following:-
“For matching grants to the Massachusetts Alliance of Boys and Girls Clubs, the Alliance of Massachusetts YMCA’s and the Cal Ripken Sr. Foundation; provided that the department shall award the full amount of each grant to each organization upon commitment of matching funds from the organization”
And further by striking out the figure “$1,360,000” and inserting in place thereof the following “$1,510,000”
EHS 683
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR
HHS
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended, in section 2, in item 4000-0300, by inserting after the words “June 30, 2011” the following:-
“Provided further, that the secretary shall file within 60 days of the effective date of this act a report with the auditor, the attorney general and the house and senate committees on ways and means detailing the means by which the office will comply with chapter 117B of the General Laws.”;
and moves to further amend the bill by inserting at the end thereof the following new section:-
“Section X. The General Laws, as appearing in the 2006 Official Edition, are hereby amended by inserting after chapter 117A the following new chapter:--
Chapter 117B
Restrictions on Public Benefits
Section 1. Definitions. As used in this chapter the following terms shall have the following meanings unless the context clearly requires otherwise:- “Emergency Medical Condition,” the same meaning as provided in section 1396b (v) (3) of Title 42 of the United States Code. “Federal Public Benefits,” the same meaning as provided in section 1611 of Title 8 of the United States Code. “State Public Benefits,” the same meaning as provided in section 1621 of Title 8 of the United States Code.
Section 2. (a) Except as otherwise provided in subsection (d) (3) of this section or where exempted by federal law, on and after January 1, 2011, each agency or political subdivision of the commonwealth shall verify the lawful presence in the United States of every natural person eighteen years of age or older who applies for state public benefits or for federal public benefits which are for the benefit of the applicant.
(b) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(c) Verification of lawful presences in the United States shall not be required: For any purpose for which lawful presence in the United States is not required by law, ordinance, or rule; For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure; For short-term, non-cash, in-kind emergency disaster relief; For public health assistance for immunization with respect to diseases and for testing and treatment of symptoms of communicable diseases; For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by Federal laws or regulations that: Deliver in-kind services at the community level, including services through public or private nonprofit agencies; Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and Are necessary for the protection of life or safety or; For parental care.
(d) An agency or a political subdivision shall verify the lawful presence in the United States of each applicant eighteen years of age or older for federal public benefits or state public benefits by requiring the applicant to:
(1) Produce: A valid Massachusetts driver license or a Massachusetts identification card, issued pursuant to section 8 of chapter 90 of the General Laws, and 540 Code of Massachusetts Regulation (CMR) 2.06
(2) (b); A United States military card or military dependent’s identification card; or A United States Coast Guard Merchant Mariner card; or A Native American tribal document.
(3) If such documentation as required in subparagraph (1) of subsection (d) of this section cannot be lawfully produced, execute a notarized affidavit stating that he or she is a United States citizen or legal permanent resident; or that he or she is otherwise lawfully present in the United States pursuant to federal law.
(e) Notwithstanding the requirements of subparagraph (1) of subsection (d) of this section, the Commissioner of the Department of Revenue may issue emergency rule, to be effective until July 1, 2010, providing for additional forms of identification or a waiver process to ensure that an individual seeking benefits pursuant to this section proves lawful presence in the United States. This subsection and all emergency rules authorized hereunder shall cease to be effective as of July 1, 2010.
(f) A person who knowingly makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to subsection (4) of this section shall pay a fine of not less than $1,000 and not more than $5,000, or shall be sentenced to serve not less than 6 months nor more than 1 year in the House of Corrections. Each time that a person receives a public benefit based upon such a statement or representation they make shall constitute a separate violation of this section.
(g) (1) For an applicant who has executed an affidavit stating that he or she is an alien lawfully present in the United States, verification of lawful presence for federal public benefits or state or local public benefits shall be made through the Federal Systematic Alien Verification for Entitlement program, referred to in this section as the “SAVE program”, operated by the United States Department of Homeland Security. Until such verification of lawful presence is made, the affidavit may be presumed to be proof of lawful presence for purposes of this section.
(2) The secretary of each executive office of the commonwealth shall promulgate regulations to ensure that each agency or political subdivision has access to the SAVE program by way of the executive office under which it is organized. Each executive office shall be responsible for the verification through the SAVE program of all its sub agencies. Each executive office shall enter into a memorandum of understanding or any other requirement pursuant to the SAFE program in order to streamline the verification process. Each executive office shall keep account of all applications submitted through its subdivisions and transfer back to its subdivisions any costs on an annual basis.
(h) Agencies or political subdivisions of the commonwealth may adopt variations of the requirements of paragraph (b) of subsection (4) of this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individuals circumstances in which the verification procedures in the section would impose unusual hardship on a legal resident of the commonwealth; provided, that the variations shall be no less stringent than the requirements of this section, including provisions to timely execute notarized affidavits.
(i) It shall be unlawful for an agency or political subdivision of the commonwealth to provide a federal public benefit or state or local public benefit in violation of this section. Each agency or department that administers a program that provides state of local public benefits shall provide an annual report with respect to its compliance with this section to the auditor and to the House and Senate chairs of the joint committee on state administration and regulatory oversight.
(j) Errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security which monitors the SAVE program and its verification application errors and significant delays and report yearly on such errors and delays, to ensure that the application of the SAVE program is not wrongfully denying benefits to legal residents of the State.
SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held by any court to be unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of the section are declared to be severable.”
Further EHS 683.1
PUBLIC BENEFITS RESIDENCY VERIFICATION FOR HHS
Mr. Panagiotakos moves to amend the pending amendment (No. 683 by Messrs. Tisei, Tarr, Knapik, Hedlund and Ross) by striking out the text and inserting in place the following text:-
by inserting after section 47 the following section:-
“SECTION 47A. Section 1 of chapter 118E of the General Laws is hereby amended by adding the following sentence:- Benefits for individuals over age 18 under any program established under this chapter or which can be obtained only through an application for benefits under this chapter shall be available only to otherwise eligible individuals who document their lawful presence in the United States in accordance with federal requirements applicable to federal public benefits under Title XIX and Title XXI of the Social Security Act, including the requirements or the waiver of any requirements under section 1115 of the Social Security Act. The documentation requirements shall apply regardless of whether those benefits are subject to federal funding.”; and
by inserting after section 154 the following section:-
“SECTION 154A. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the department of health and human services shall register for the federal Systematic Alien Verification for Entitlements (SAVE) system by January 1, 2011, and shall use that system to verify whether applicants whose documentation is not available or is questionable are legal aliens and whether they are qualified aliens for benefit eligibility purposes. The department shall be exempt from this requirement if it has reported before January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost-effective.
(b) The department of health and human services shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”
Redraft EHS 684
Mr. Kennedy, Mssrs Brewer, Knapik, Timilty, Michael Moore, Pacheco, Hart, Downing, Eldridge, Morrissey, Richard Moore, Buoniconti, Tarr, Ms. Chandler, Ms. Fargo, and Ms. Flanagan moved that the bill be amended, in section 2, in item 4000-0640 by adding the following words:-
“; and provided further, that effective July 1, 2010 for the fiscal year ending June 30, 2011, the division shall establish nursing facility supplemental Medicaid rates from funding made available pursuant to section 141A”;
and by inserting, after section 141, the following new section:-
“Section 141A. Notwithstanding any general or special law to the contrary and contingent upon receipt of at least $27,200,000 in TANF contingency funds authorized by Title IV, Section 403(b) of the Social Security Act, a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011 in item 4000-0640 of section 2 of this act.”
EHS 685
MULTIPLE SCLEROSIS
Mr. Montigny moved that the bill be amended, in section 2, in line item 4513-1111 by inserting after words “hepatitis C prevention and management;”, the following language:-
multiple sclerosis screening, information, education and treatment programs and the Multiple Sclerosis Home Living Navigating Key Services program administered by the Greater New England Chapter of the National Multiple Sclerosis Society;
EHS 686
WITHDRAWN
EHS 687
CUSHING HOUSE
Mr. Hart moved that the bill be amended, in section 2, in item by inserting after the word “clients” the following:-
“; provided further, that not less than $1,149,750 shall be expended to the Gavin Foundation for a male adolescent residential facility for substance abuse and rehabilitation services and an adjoining female adolescent residential facility for substance abuse and rehabilitation services, both operated by the Cushing House located in the South Boston section of Boston”
EHS 688
HAITIAN MULTI-SERVICE CENTER
Mr. Hart moved that the bill be amended, in section 2, in item 4512-0200, by inserting after the word “clients” the following words:-
“; provided further, that not less than $79,000 shall be expended for the Haitian Multi-Service Center in the Dorchester section of the city of Boston.”
EHS 689
WITHDRAWN
EHS 690
DCF CASELOAD REDUCTION AND STAFF RETENTION PILOT PROGRAM
Ms. Candaras moved that the bill be amended by inserting after Section 157 the following new Section:-
“SECTION XX. The Secretary of Administration and Finance shall identify available funds within monies received by the Commonwealth from the American Recovery and Reinvesment Act (ARRA) that would be eligible to fund a "Caseload Reduction and Staff Retention Pilot Program" in the Springfield Office of the Department of Children and Families. Eligible funds shall be used to acquire speech recognition software, and the necessary training, to provide each social worker with the ability to automatically transcribe reports allowing for better management of caseworker time and enhance the quality and detail of required reports. The "Caseload Reduction and Staff Retention Pilot Program" shall run for a three month period, and the Department of Children and Families shall submit a written report to, the House and Senate Committees on Ways and Means, and the Joint Committee on Children and Families, on the results of the Caseload Reduction and Staff Retention Pilot Program. The report shall include a detailed analysis of the Department's findings regarding the reduction in staff time spent on filing reports as well as the increase in detail and efficiency in the reports produced with the automated transcription of records and reports. The report shall also analyze any impact the software might have on improving caseworker morale and increasing staff retention rates. The Department shall also report on the quantitative amount of time saved through the use of speech recognition/automatic transcription software and any direct benefit in direct care services.”
EHS 691
DATA MINING
Mr. Montigny moved that the bill be amended by inserting at the end thereof the following new Section:-
SECTION______. Chapter
118G is hereby amended by inserting after section 33 the following section:—
Section 34. It is the intent of
the legislature to safeguard the confidentiality of prescribing information,
protect the integrity of the doctor-patient relationship, maintain the
integrity and public trust in the medical profession, combat vexatious and
harassing sales practices, restrain undue influence exerted by pharmaceutical
industry marketing representatives over prescribing decisions and further the
state interest in improving the quality and lowering the cost of health
care. The legislature intends to regulate the monitoring of prescribing
practices only for commercial marketing purposes by companies selling
prescribed products. The intent is not to regulate monitoring for other uses,
such as quality control, research unrelated to marketing, or use by governments
or other entities not in the business of selling health care products.
(a) As used in this section
the following words shall, unless the context clearly requires otherwise, have
the following meanings:—
“Bona-fide clinical trial”,
any research project that prospectively assigns human subjects to intervention
and comparison groups to study the cause and effect relationship between a
medical intervention and health outcome, has received approval from an
appropriate Institutional Review Board, and has been registered at
ClinicalTrials.gov prior to commencement.
“Identifying information”,
information that can be used to directly or indirectly identify the patient or
the prescriber, including, but not limited to, a person’s name, address,
telephone number, facsimile number, electronic mail address, photograph or
likeness, account, credit card, medical record, social security number, Drug
Enforcement Agency (DEA) number, National Provider Identifier (NPI) or any
other unique number, characteristic, code or information which is likely to
lead to the identification of the patient or prescriber.
“Marketing purpose”, means any activity by a company making or selling prescribed products, or such
company’s agent, intended to influence prescribing or purchasing choices of its
products, including but not limited to:
(1) advertising, publicizing,
promoting or sharing information about a product;
(2) identifying individuals to
receive a message promoting use of a particular product, including but not
limited to an advertisement, brochure, or contact by a sales representative;
(3) planning the substance of a
sales representative visit or communication or the substance of an
advertisement or other promotional message or document;
(4) evaluating or compensating
sales representatives;
(5) identifying individuals to
receive any form of gift, product sample, consultancy, or any other item,
service, compensation or employment of value;
(6) advertising or promoting
prescribed products directly to patients.
“Person”, any business,
individual, corporation, union, association, firm, partnership, committee, or
other organization or group of persons.
“Pharmacy”, a facility under
the direction or supervision of a registered pharmacist which is authorized to
dispense controlled substances, including but not limited to retail drug
business as defined in Section 1 of Chapter 94C.
“Prescriber”, a person who is
licensed, registered or otherwise authorized to prescribe and administer drugs
in the course of professional practice.
“Prescribed product”,
includes a biological product as defined in section 251 of the Public Health
Service Act, 42 U.S.C. §262 and a device or a drug as defined in section 201 of
the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §321.
“Regulated transaction”, a
prescription for a drug that is written by a prescriber within the commonwealth
or that is dispensed within the commonwealth. The commonwealth does not
regulate activities that take place wholly outside of the commonwealth.
(b) No person shall license,
use, sell, or transfer for any marketing purpose, prescribed product
information related to a regulated transaction that has identifying
information. A record of a
regulated transaction containing individual identifying information may be
transferred to another entity, including to another branch or subsidiary of the
same firm, only if it carries satisfactory assurance that the recipient will
safeguard the records from being disclosed or used in the commonwealth for
marketing purposes
(c) Nothing in this section
shall prohibit the collection use, transfer, or sale of prescribed product
information for marketing purposes if:-- (i) the data
is aggregated; (ii) the data does not contain identifying information; and
(iii) the data cannot be used, directly or indirectly, to obtain identifying
information.
(d) Nothing in this
section shall prohibit the collection, use, transfer, or sale of prescribed
product information for non-marketing purposes, including, but not limited to,
pharmacy reimbursement, prescription drug formulary or prior authorization compliance,
patient care, patient care management, utilization review, health care
research, bona fide clinical trials, product safety studies, transfer of
prescription records that may occur when a pharmacy’s ownership is changed or
transferred, transfer of information to the patient or patient’s authorized
representative, and as required by law.
(e) Nothing in this section shall be
interpreted to regulate conduct that takes place wholly outside of the
commonwealth.
(f) Nothing in this section shall be interpreted to
regulate the content, time, place or manner of any discussion between a
prescriber and their patient, or a prescriber and any person representing a
prescription drug manufacturer.
(g) Whoever violates any
provision of this section shall be punished by imprisonment for not more than
two and one half years in a house of correction, or by a fine of not less than
twenty thousand dollars, or by both such fine and imprisonment. Whoever
violates any provision of this section after one or more prior convictions of a
violation of this section shall be punished by imprisonment in the state prison
for not more than 10 years, or by a fine of not more than thirty thousand
dollars or by both such fine and imprisonment.
(h) A violation of this
section shall also constitute an unfair or deceptive act or practice in the
conduct of trade in violation of Section 2 of Chapter 93A. Any person whose
rights under this section have been violated may institute and prosecute in his
own name and on his own behalf, or the attorney general, acting on behalf of
the commonwealth, may institute a civil action for injunctive and other
equitable relief.
(i) If any provision
of this act or its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to other persons
or circumstances is not affected.
Redraft EHS 693
PRESCRIPTION ADVANTAGE LIFELINE FOR SENIORS
Mr. Montigny moved that the bill be amended in Section 122 by striking the following
sentence:- “(i) $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and”
And by further adding the following sentence in place thereof:-
“(i) $10,000,000 from the General Fund to line-item 9110-1455;”
2nd Redraft EHS 694
Ms. Menard and Mr. Downing moved that the bill be amended by inserting, after Section_____, the following new Section:-
“SECTION XX. The division of healthcare finance and policy shall conduct a study of the fiscal impacts of 114.5 CMR 12:00 on nursing home facilities. The study shall include, but not be limited to: the economic impact and equity of the class structure established in 114.5 CMR 12.03; the economic impact of extending user fee waivers to certain facilities currently not exempted from the user fee under the provisions of 42 USC Sec. 1396b(w)(3)(B); the cost-effectiveness of striking clause (d) of Class IV of section (1) of said regulation; and the feasibility of establishing a new classification system which applies consistent rules to all facilities regardless of geographic location. Said study shall take into account the provisions of 42 USC, Section 1396b (w)(3)(B) as they apply to the user fee. The recommendations and findings shall be filed with the joint committee on health care finance and the House and Senate committees on ways and means by January 15, 2011.”
EHS 695
WITHDRAWN
EHS 696
COMMUNITY HEALTH CENTERS SERVICES
Mr. Hart moved that the bill be amended, in section 2, in item 4510-0100 the following item:
“4510-0110 For community health center services; provided, that no funds shall be expended in the AA object class; provided further, that not less than $225,000 shall be expended on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act, 42 U.S.C. section 254c(f)(1)…… $2,500,000”
EHS 697
MASSHEALTH MCO RATE INCREASE
Ms. Candaras moved that the bill be amended, in section 2, in item 4000-0500, by striking the figure “$3,757,055,766” and inserting in place thereof:-
“$3,767,055,766”
EHS 698
VETERANS TRANSITION HOUSE
Mr. Montigny moved that the bill be amended, in section 2, in item 1410-0012, by adding at the end thereof the following:- “provided further, that the amount expended for the Veterans Transition House in New Bedford is not less than the amount expended in the prior fiscal year.”
EHS 699
METHADONE TREATMENT IN WESTERN MASS
Mr. Downing moved that the bill be amended by adding at the end thereof the following new section:
“Section XX: The
department of public health, in consultation with the office of medicaid, shall conduct a study of the Medicaid travel
reimbursement paid to enrollees living in Berkshire county receiving methadone
treatment at the Community Healthcare Inc. community substance abuse centers in Greenfield and the
detoxification providence behavioral health hospital in Holyoke. The study
shall include but not be limited to: the annual costs associated with state
funded transportation reimbursements paid to patients traveling from Berkshire
county to Holyoke and Greenfield in order to receive methadone treatments; the
annual enrollment figures of Berkshire county patients receiving such
treatments in Greenfield and Holyoke since January 1, 2005; the projected
enrollment of Berkshire county patients in Greenfield and Holyoke in fiscal
year 2011; and the feasibility of establishing a methadone treatment program in
the city of Pittsfield or other central Berkshire county location for the
purposes of treating Berkshire county residents. The recommendations shall be
filed with the joint committee on healthcare finance, the House and Senate
committees on ways and means, and with the House and Senate Berkshire
delegation members no later than January 15, 2011.”
RULED OUT OF ORDER
EHS 700
STATE AID TO PUBLIC LIBRARIES
Mr. Hart moved that the bill be amended, in section 2, in item 7000-9501, by inserting after the words “nonresident circulation offset program” the following: “; provided further that said section 19A of said chapter 78 shall not apply to a municipality with more than 500,000 residents during fiscal year 2011 unless such municipality funds and maintains operations for all branch libraries in service as of January 1, 2010”.
EHS 701
JAIL DIVERSION PROGRAM
Ms. Spilka moved that the bill be amended, in section 2, in item 5046-0000, by adding at the end thereof the following:-
“provided further that $100,000 shall be expended for the jail diversion program in Framingham”
EHS 702
Family Support and Respite Services
Mr. Kennedy and Mr. Joyce moved that the bill be amended, in section 2, in item 5920-3000, by striking out the figure “$45,004,298” and inserting in place thereof the figure “46,521,184”.
RULED OUT OF ORDER
EHS 703
STATE AID TO PUBLIC LIBRARIES (2)
Mr. Hart moved that the bill be amended, in section 2, in item 7006-0140, by adding the following: “; and provided further that said section 18D of said chapter 58 shall not apply to a municipality with more than 500,000 residents during fiscal year 2011 unless such municipality funds and maintains operations for all branch libraries in service as of January 1, 2010”.
EHS 704
WITHDRAWN
EHS 705
WESTERN MASSACHUSETTS HOSPITAL
Mssrs. Knapik and Buoniconti moved that the bill be amended, in section 2, in item 4590-0912, by striking out the figure “15,650,079” and inserting in place thereof the following figure:- “16,400,049”.
2nd Redraft EHS 706
CONTINUITY OF CARE FOR CHILDREN
Ms. Flanagan, Ms. Spilka, Messrs Eldridge and McGee and Ms. Jehlen moved that the bill be amended by inserting after Section _____, the following new sections: -
SECTION X: Section 9A of chapter 118E of the General Laws is hereby amended by adding the following section: -
(17) Children who are deemed eligible for medical benefits pursuant to clauses (a) to (c), inclusive, of subsection 2 shall continue to be eligible for assistance for a period not to exceed 12 months or until the child’s annual eligibility review determines that the child is no longer eligible for assistance, whichever occurs sooner, if the child would otherwise be determined ineligible due to excess countable income but otherwise remains eligible.
EHS 707
COMMUNITY HOSPITALS TECHNOLOGY
Mr. Joyce moved that the bill be amended, in section 2, in item 4000-0700, by inserting after the words “efficiently and effectively” the following:- “provided further that not less than $10,000,000 shall be expended to community hospitals to initiate health information technology improvements including but not limited to, e-prescribing, patient portal, continuity of care document, data repository, dose tracker, new hardware and technicians”
RULED OUT OF ORDER
EHS 708
STATE AID TO PUBLIC LIBRARIES (3)
Mr. Hart moved that the bill be amended, in section 2, in item 7000-9401, by adding the following: “; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 500,000 residents during fiscal year 2011 unless such municipality funds and maintains operations for all branch libraries in service as of January 1, 2010”.
EHS 709
TIMELY REPORTING BY DIVISION OF HEALTHCARE
FINANCE AND POLICY
Mr. Tisei moved that the bill be amended by inserting, in Section 49, after the words “General Fund” the following:-
“provided further, that the division shall be required to pay a penalty payable to the general fund of an amount not to exceed $1 for failing to file any required reports in a timely fashion.”
EHS 710
DDS SERVICE COORDINATORS
Mr. Rosenberg moved that the bill be amended, in section 2, in item 5911-1003, by striking the figure “62,866,194” and inserting in place thereof “21,866,194” and by inserting the following new line item: “5911-1100 For the payroll of the department’s service coordinators and service coordinator supervisors provided, that only employees of bargaining unit eight shall be paid from this item…. $41,000,000”.
Redraft EHS 711
Specialty Infant Formula Eligibility
Mr. Kennedy moved that the bill be amended by adding the following new section: -
SECTION__ Notwithstanding any law, rule, or regulation to the contrary, any and all specialty infant formulas, for which a physician has issued a written order and which are medically necessary for a MassHealth patient and said specialty formula has been approved by MassHealth, shall be eligible in the WIC program.
EHS 712
NON-RESIDENT HEALTH INSURANCE EXCLUSIION
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION __. Section 118 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “individual” the following words:- “,who is a resident of the Commonwealth of Massachusetts,”.
EHS 713
EDUCATION AND SERVICE NEEDS OF CHILDREN
Ms. Spilka moved that the bill be amended by inserting at the end thereof the following new section:
SECTION XX. The secretary of the executive office of health and human services and the secretary of education shall examine the education and service needs of children in the care of the commonwealth who are residing in a community which is not their original community of residence. The secretaries shall report to the legislature on January 15, 2011 with their recommendations of how to provide technical assistance and resources to assist municipalities in evaluating and providing for the needs of said children for transportation, assessment, education and continued support in order to ensure the educational success of said children in their new communities.
EHS 714
HEALTH CARE CO-PAYS AND DEDUCTIBLES
Mr.
Tisei moved that the bill be amended, in section 2, in item 4100-0060 by inserting the following language:-
“provided
further that the division, in consultation with the division of insurance,
shall conduct a study on the impact of prohibiting co-payments and deductibles
for health care services, including the impact on the total cost of coverage
for small businesses, specifically the division shall examine to what extent
such a prohibition would increase premium, and the impact on utilization of
health care services, provided further that the division shall file a report of
its findings with the clerks of the senate and house of representatives, the
house and senate committees on ways and means, and the joint committee on
health care financing no later than October 1, 2010.”
EHS 715
AGING OUT OF DCF
Ms. Flanagan moved that the bill be amended by striking section 60 in its entirety, and inserting in place thereof:
SECTION 60. Section 23 of chapter 119 of the General Laws, as most recently amended by chapter 176 of the acts of 2008, is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-
(f) Notwithstanding anything in section 26 of
this chapter to the contrary, the department shall continue its responsibility
as provided in this section for any person who has attained the age of 18 and
is under 22 years of age and who is (1) completing secondary education or a
program leading to an equivalent credential; (2) enrolled in an institution
which provides post-secondary or vocational education; (3) participating in a
program or activity designed to promote, or to remove barriers to, employment;
(4) employed at least 80 hours per month; or (5) incapable of doing any of the
activities described in subclauses (1) though (4) due
to a medical condition (including a diagnosed mental health condition), which
incapability is supported by regularly updated information in the case plan of
the child, provided, however, that the department’s continued responsibility
for persons who have attained the age of 18 is contingent upon the express
written consent of the person.
Notwithstanding
any other provision of law, the court shall retain jurisdiction under this
chapter for persons in the continued care of the department pursuant to this
subsection, including for the purpose of permanency reviews as set forth in
section 29B of this chapter.
If a child
elects to leave the care of the department when he or she attains the age of
18, then during the 90-day period immediately prior to the date on which a
child will attain 18 years of age, whether during that period foster care
maintenance payments are being made on the child’s behalf or the child is
receiving benefits or services under section 477 of the Social Security Act (42
U.S.C. § 677), the department shall provide the child with assistance and
support in developing a transition plan that is personalized at the direction
of the child, includes specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and
work force supports and employment services, and is as detailed as the child
may elect. The court shall retain jurisdiction
until it finds, after a hearing at which the child is present, that a
satisfactory transition plan has been provided for the child.
If a child
remains under the care of the department upon attaining the age of 18 as
provided in this subsection, then during the 90-day period immediately prior to
the date on which the child leaves the care of the department, or the child’s
21st birthday, whichever comes first, the department shall provide
the child with assistance and support in developing a transition plan that is
personalized at the direction of the child, includes specific options on
housing, health insurance, education, local opportunities for mentors and
continuing support services, and work force supports and employment services,
and is as detailed as the child may elect. The court shall retain jurisdiction until it finds, after a hearing at
which the child is present, that a satisfactory transition plan has been
provided for the child.
If a child
remains under the care of the department upon attaining the age of 21 as
provided in this subsection, then during the 90-day period immediately prior to
the date on which the child leaves the care of the department, or the child’s
22nd birthday, whichever comes first, the department shall provide
the child with assistance and support in updating the aforementioned transition
plan. Said updated transition plan shall
be personalized at the direction of the child, and shall include specific
options on housing, health insurance, education, local opportunities for
mentors and continuing support services, and work force supports and employment
services, and it shall be as detailed as the child may elect. The court shall retain jurisdiction until it
finds, after a hearing at which the child is present, that a satisfactory
updated transition plan has been provided for the child.
If a person who has attained the age of 18 leaves the care of the department but requests, before reaching the age of 22, that the department re-open the person's case, the department shall make every reasonable attempt to provide a program of support which is acceptable to the person and which permits the department to renew its responsibility. If a person re-enters the care of the department pursuant to this paragraph, then all other provisions of this subsection shall apply.
Nothing in
this subsection shall be construed to provide legal custody of a person who has
attained the age of 18 to the department or to otherwise abrogate any other
rights that a person who has attained the age of 18 may have under law by dint
of their age.
Nothing in
this subsection shall be construed to permit a court to appoint the department
as guardian of a person who has attained the age of 18.
The
department shall report annually to the child advocate, chairs of the joint
committee on children, families and persons with disabilities and the senate
and house committees on ways and means on the numbers of persons it serves and
declines to serve under this subsection.
SECTION____. Section 29 of chapter 119 of the General Laws, as
most recently amended by chapter 176 of the acts of 2008, is hereby amended by
inserting after the words “section 29B” the following words:- “or a person who
has attained the age of 18 and is before any court pursuant to subsection (f)
of section 23”.
SECTION ____. This act shall be retroactive to apply to persons who, prior to the effective date of this act, attained the age of 18 and have not yet reached the age of 22.
EHS 716
LIBRARY TECHNOLOGY AND AUTOMATED RESOURCE
SHARING NETWORKS
Mr. McGee moved that the bill be amended, in section 2, in item 7000-9506, by striking the figure “$1,929,238” and inserting in place thereof the figure “$2,851,000
EHS 717
WITHDRAWN
EHS 718
COMMONWEALTH FUND SAFETY NET MEDICAL HOME
INITIATIVE
Mr. O'Leary moved that the bill be amended by inserting at the end thereof the following new section: -
Notwithstanding any other general
or special law to the contrary, and subject to appropriation and the availability of funds as determined by EOHHS, MassHealth shall include in its medical home demonstration
authorized under Section 30 of Chapter 305 of the Acts and Resolves of 2008 all
practice sites that have participated in
the Commonwealth Fund Safety Net Medical Home Initiative (SNMHI) and that have
submitted a qualifying response to EOHHS’ Primary Care Medical Home Initiative
Request for Responses. Subject to
appropriation and the availability of funds, as determined by EOHHS, EOHHS, may
selectively contract with additional practice sites that have not participated
in SNMHI.
EHS 719
WITHDRAWN
EHS 720
NURSING HOME FEE
Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by striking out Section 120 and Section 124.
EHS 721
MEDICAID CAPITATION RATES FOR PACE PROGRAM
Mr. Hart moved that the bill be amended, in section 2, in item 4000-0600 by inserting the following language “provided that PACE programs receive 3.5 % restoration of PACE Medicaid capitation to the rate in effect in December of CY 2009.”
EHS 722
KIT CLARKE
Mr. Hart moved that the bill be amended, in section 2, in item by inserting after the words “homeless elders” the following:- “; provided further that not less than $50,000 shall be expended for the Kit Clark Homeless/Housing Program to provide support for homeless and recently housed older adults”