SENATE, No. 669

SECTION 1.   Chapter 111 of the General Laws is hereby amended by inserting after section 65D, as appearing in the 2002 Official Edition, the following section:

            Section 65E. Section 65E. (a) Notwithstanding the provisions of any general or special law to the contrary, there shall be established upon the books of the commonwealth a separate fund to be known as the Public Health Hospital Trust Fund, hereinafter called the fund. The purpose of the fund is to improve the health, safety and well being of Massachusetts residents who receive care at state hospitals operated by the Massachusetts Department of Public Health. The fund shall consist of a quarterly credit of 5 per cent of the revenues generated in each fiscal year by the department’s public health hospitals, any grants, donations, bequests or gifts explicitly made to the fund by public or private entities and any funds appropriated to the fund by the general court. In addition, any funds appropriated by the general court through fiscal year operating budgets for capital construction, repairs and renovations of the department’s public health hospitals and not expended in a given year shall be transferred to the Public Health Hospital Trust Fund and not returned to the general fund.  Monies in the fund shall be invested by the treasurer in accordance with law, provided, however, that the treasurer shall make no investment that prevents the treasurer from making timely payment of disbursements.  Interest income and dividends from such investments shall be credited to the fund.

            (b) The commissioner shall submit to the house and senate committees on ways and means and the executive office for administration and finance no later than January 1, of each year, an allocation plan detailing construction, repairs and renovations for building projects, as defined in section 39A of chapter 7, deemed necessary by the commissioner for the health, safety and well-being of the patients, employees and visitors of the public health hospitals, with their estimated costs. The commissioner, in consultation with the Governing Body for the public health hospitals, shall determine the amounts required for building projects at each hospital pursuant to the allocation plan. For the purpose of this section, building projects shall include, but not be limited to major renovations for compliance with health and safety codes, the Americans with Disabilities Act and retrofitting buildings for fiberoptic cable and other technology.  However, no monies from the fund shall be expended for routine, non-capital maintenance, including but not limited to janitorial services, ground-keeping and trash collection.

            (c) Notwithstanding section 40B of chapter 7, the commissioner of asset management and maintenance shall delegate control and supervision to the commissioner of public health over building projects funded by the commonwealth through the Public Health Hospital Trust Fund if the commissioner of capital asset management and maintenance determines that the department of public health has the ability to control and supervise such building projects.

            (d) The Governing Body for the department of public health hospitals shall advise the commissioner on any proposed or actual expenditure from the Public Health Hospital Trust Fund for building projects. Upon authorization by the commissioner of an allocation plan, the Governing Body shall have the authority to expend monies from the Public Health Hospital Trust Fund for construction, repair and renovations of building projects at the public health hospitals.