SECTION 51. Section 5B of said chapter 29, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 2, the words "September twenty-fifth" and inserting in place thereof the words:- October 15.
SECTION 52. Said section 5B of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 38 to 40, inclusive, the words ", with the advice of the advisory board on revenue resources and the state economy established under the provisions of section thirty-seven A of chapter seven".
SECTION 53. Section 13 of said chapter 29 is hereby amended by striking out the first paragraph, as amended by section 50 of chapter 38 of the acts of 1995, and inserting in place thereof the following paragraph:-
That portion of an appropriation for ordinary maintenance representing encumbrances outstanding on the records of the comptroller's office at the close of the fiscal year may be applied to the payment thereof in the two months immediately succeeding such fiscal year; provided, however, that the state budget director at the written request of the spending agency may, prior to the close of said two months, extend for 15 additional days the recorded encumbrances outstanding and the funds reserved therefor, by furnishing the comptroller with a copy of such request and the approval thereof.
SECTION 54. Section 29 of said chapter 29, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "such", in line 5, the following word:- scheduled.
SECTION 55. The first paragraph of said section 29 of said chapter 29, as so appearing, is hereby amended by adding the following sentence: - Under no circumstance shall such an interchange be allowed if, in the opinion of the budget director, such interchange is projected to result in a deficiency in such appropriation or subsidiary account and a plan to remedy such deficiency has not been adopted by said department, office, commission or institution with the approval of the budget director.
SECTION 56. Chapter 30 of the General Laws is hereby amended by inserting after section 46H the following section:-
Section 46I. In addition to his other responsibilities and duties, the personnel administrator shall have the following duties and responsibilities: developing and maintaining information concerning occupational injuries sustained by employees entitled to compensation under the provisions of section 69 of chapter 152, and concerning persons who have applied for or who have been granted disability benefits under the provisions of chapter 32 and requiring reports from the workers' compensation agents and from the retirement boards; and certifying agreements for compensation for the payment of medical or other expenses or fees to or on behalf of injured employees of the commonwealth. No such compensation shall be paid without such certification.
SECTION 57. Paragraph (a) of subdivision (7) of section 22 of chapter 32 of the General Laws, as most recently amended by section 8 of chapter 427 of the acts of 1996, is hereby further amended by inserting after the second sentence, the following two sentences:- Said budgets shall not exceed 103 per cent of the prior year operating expenditures; provided, however, that for fiscal year 1998 said budgets shall not exceed 134 per cent of the fiscal year 1997 operating expenditures. In the event that said boards determine that said 103 per cent is not sufficient to fund said operations, said boards shall submit spending plans detailing all expenditures to the house and senate committees on ways and means for review 45 days prior to adopting a budget in excess of 103 per cent of the prior year expenditure.
SECTION 58. Section 22C of chapter 32 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 6 to 10, the words ", that no such funding schedule shall be adopted which would set forth total annual payments in any of its first ten fiscal years which are less in any such year than the total estimated cost of benefits to be paid in such year for such system or for such other assumed liabilities; provided further".
SECTION 59. Said section 22C of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 57 and 58, the word "twenty- eight" and inserting in place thereof the following:- eighteen.
SECTION 60. Paragraph (f) of section 15 of chapter 33 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- There shall be a full-time deputy state judge advocate who shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel.
SECTION 61. Chapter 58A of the General Laws is hereby amended by striking out section 10, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:-
Section 10. At the request of any party made before any evidence is offered, the board shall order that all proceedings in a pending appeal be officially recorded. The board is authorized and directed to employ transcription methods including, without limitation, electronic transcription equipment, for the purpose of recording proceedings before the board. The board may contract for the recording of such proceedings or the transcription of such recording at the expense of the commonwealth in the first instance, but shall collect the cost thereof, from the persons requesting that the proceedings be recorded. In such contract the board may provide that one or more copies of the transcript be supplied to the board without cost to the commonwealth, and may fix the terms and conditions upon which transcripts will be supplied to other persons and agencies by the official recorder. No proceedings shall be recorded or transcribed officially until an amount equal to the cost thereof, as estimated by the clerk, shall have been deposited with him at such times and in such manner as may be provided by the rules of the board. Any excess deposit over the actual cost shall be returned to the depositor by the clerk. If no party requests that the proceedings be recorded, all parties shall be deemed to have waived all rights of appeal to the supreme judicial court upon questions as to the admission or exclusion of evidence, or as to whether a finding was warranted by the evidence. The right of appeal upon questions of law raised by the pleadings or by an agreed statement of facts or shown by the report of the board shall not be deemed to be waived. For its own information only, the board may, subject to appropriation, have stenographic notes of hearings taken and may have transcripts thereof prepared in proceedings which are not officially reported at the request of a party.
SECTION 62. Section 3 of chapter 62 of the General Laws is hereby amended by striking out, in line 80, as so appearing, the words "six hundred dollars" and inserting in place thereof the following:- $1,200.
SECTION 63. Section 6 of said chapter 62, as so appearing , is hereby amended by adding the following subsections:-
(h) A taxpayer shall be allowed a credit against the taxes imposed by this chapter if such person qualified for and claimed the earned income credit, so called, allowed under the provisions of section 32 of the Code, as amended and in effect for the taxable year. The credit allowed by this subsection shall equal 10 per cent of the federal credit received by the taxpayer for the taxable year. If other credits allowed under this section are utilized by the taxpayer for the taxable year, the credit afforded by this subsection shall be applied last. If the amount of the credit allowed hereunder exceeds the taxpayer's liability, the commissioner shall treat such excess as an overpayment and shall pay the taxpayer the amount of such excess, without interest.
(i) Any owner of residential property located in the commonwealth who is not a dependent of another taxpayer and who occupies said property as his principal residence, shall be allowed a credit equal to 40 per cent of the expenditures for design and construction expenses for the repair or replacement of a failed cesspool or septic system pursuant to the provisions of Title V as promulgated by the department of environmental protection in 1995. Said expenditures shall be the actual cost to the taxpayer or $15,000, whichever is less; provided said credit shall be available to eligible taxpayers beginning in the tax year in which the repair or replacement of said cesspool or septic system was completed; provided said credit shall not exceed $1,500 in any tax year and any excess credit may be applied over the following three subsequent tax years. The amount of any such credit shall be reduced by an amount equal to the total interest subsidy or grant received from the commonwealth, whether directly or indirectly, toward the cost of said expenditures. The department shall promulgate such rules and regulations as are necessary to administer the credit afforded by this subsection, including, but not limited to, a notification system by the commonwealth to recipients of said interest subsidy or grant of the amount of the total subsidy provided by the commonwealth.
SECTION 64. Chapter 64G of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following section:-
Section 12. No excise shall be imposed, pursuant to this chapter, upon the transfer of occupancy of any room or rooms in a hotel, lodging house or motel if the occupant is an employee of the United States military traveling on official United States military orders which encompass the date of said occupancy. Each operator shall maintain such records as the commissioner shall require to substantiate exemptions claimed under this section.
SECTION 65. Section 2 of chapter 70 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Base aid" and inserting in place thereof the following definition:-
"Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year; provided, however, that for any district in which the previous year net school spending is less than the current year foundation budget, in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding the amount by which the amount to be deducted in the current fiscal year pursuant to the provisions of section 89 of chapter 71 or section 12B of chapter 76 exceeds the amount that had been deducted pursuant to said sections in the previous fiscal year.
SECTION 66. Said section 2 of said chapter 70, as so appearing is hereby further amended by striking out the definition of "Foundation gap", and inserting in place thereof the following definition:-
"Foundation gap", the positive difference, if any, between (i) the foundation budget in any fiscal year and (ii) the sum of base aid, school choice reimbursement as defined in section 12B of chapter 76, charter school reimbursement as defined in section 89 of chapter 71, federal impact aid and the larger of (1) the preliminary local contribution for that year or (2) the standard of effort for such year. The foundation gap shall be calculated separately for each municipality's share of each district to which it belongs.
SECTION 67. Said section 2 of said chapter 70, as so appearing, is hereby further amended by striking out the definition of "Standard of effort", and inserting in place thereof the following definition:-
"Standard of effort", for any year, shall be the lesser of (1) the gross standard of effort for that year and (2) the foundation budget for the year minus the sum of base aid, minimum aid, school choice reimbursement, as defined in section 12B of chapter 76, charter school reimbursement, as defined in section 89 of chapter 71, and federal impact aid for that year. The standard of effort for any municipality shall be allotted among the districts to which that municipality belongs.
SECTION 68. Said chapter 70 is hereby further amended by striking out section 11, as so appearing, and inserting in place thereof the following section:-
Section 11. If in any fiscal year a district's actual expenditure for public education is less than the amount required to be appropriated for public education pursuant to this chapter, the difference, up to 5 per cent of the amount required to be appropriated, shall be spent for public education in the following fiscal year; provided, however, that any unexpended funds, whether appropriated to the school committee account or to town accounts for expenditure to meet public education costs, shall be deemed reappropriated for public education in the following year without further action by the appropriating authority; provided, further, that the amount of state school aid for the following fiscal year shall be reduced by the amount said difference exceeds 5 per cent of the amount required to be appropriated; and provided, further, that in any year in which additional money is required to be spent due to a spending deficiency in the prior year, if a district fails to spend the carried forward amount or under-spends its current year budget by more than 5 per cent of the amount required to be appropriated for that year, state school aid in the following year shall be reduced by the entire difference between those amounts. The board shall promulgate regulations to enforce the provisions of this section.
SECTION 69. The fifth paragraph of section 3 of chapter 71B of the General Laws is hereby amended by striking out the words " provided, however, that the division of health care finance and policy established by section two of chapter one hundred and eighteen G shall establish rates for educational assessments conducted or performed by psychologists and other trained certified educational personnel notwithstanding the provisions of any other special or general law or rule or regulation to the contrary", inserted by section 226 of chapter 151 of the acts of 1996.
SECTION 70. The tenth paragraph of said section 3 of said chapter 71B of the General Laws is hereby amended by inserting after the word "specialist", in line 90, as appearing in the 1994 Official Edition, the following words:- ; provided, however, that the division of health care finance and policy established by section 2 of chapter 118G shall establish rates for educational assessments conducted or performed by psychologists and other trained certified educational personnel notwithstanding the provisions of any other special or general law or rule or regulation to the contrary.
SECTION 71. Section 5 of said chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the word "July" and inserting in place thereof the following word:- April.
SECTION 72. Said section 5 of said chapter 71B , as so appearing, is hereby further amended by inserting after the word "year", in line 35, the following words:- and, if such move occurs prior to June 30 of said fiscal year, for the subsequent fiscal year.
SECTION 73. Subsection (f) of section 12B of chapter 76 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 131, the word "Said" and inserting in place thereof the following words:- Except where the receiving district is a vocational regional school, said.
SECTION 74. Said subsection (f) of said section 12B of said chapter 76, as so appearing, is hereby further amended by inserting after the second sentence the following two sentences:- Where the receiving district is a vocational regional school, said tuition amount shall be equal to the actual average per pupil spending amount in the receiving district as determined by the department of education, but not more than the actual statewide average per pupil spending amount in vocational regional school districts as determined by said department. The amount of tuition so charged by a regional vocational school that exceeds the maximum amount that could be charged but for application of the preceding sentence shall be returned to the member communities of the regional vocational district in the year following receipt of the payment in proportion to the assessment levied against each member community.
SECTION 75. Section 19C of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-
The board shall establish a comprehensive statewide program of regional library service, consisting of regional library systems, which shall not exceed six, for the purpose of providing reference and research services, interlibrary loan, delivery, and other regional services to public, school, academic, and special libraries in the region. For each regional library system, the board shall designate an administrative agency. For such purpose, there shall be an annual appropriation which the board shall apply in the following manner:.
SECTION 76. Said section 19C of said chapter 78, as so appearing, is hereby further amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) Any regional library system providing service under an approved plan shall be entitled to receive annually in state aid an amount per capita of its served population per square mile of the area served in accordance with the following schedules:
1,000 or over population..............................$1.60 per capita
750-999 population.....................................$1.75 per capita
500-749 population.....................................$2.07 per capita
Under 500 population...................................$2.26 per capita
SECTION 77. Said chapter 78 is hereby further amended by striking out section 19D, as so appearing, and inserting in place thereof the following section:-
Section 19D. For each regional library system, the board shall establish a council of members which shall consist of the chief librarian or one trustee to be so designated by the board of trustees or the appropriate administrative authority of each participating library and one designated representative from the participating private school libraries within each school district. The duties and responsibilities of the council of members will be specified in the bylaws of the regional library system as approved by the board of library commissioners.
SECTION 78. Said chapter 78 is hereby further amended by inserting after section 19L, as so appearing, the following two sections:-
Section 19M. The board of library commissioners shall establish a statewide advisory council on cooperative library programs. This advisory council shall advise the board with regard to the following: statewide program of service; proposed standards for the delivery of statewide network services; recommendations for statewide priorities for interlibrary cooperation and resource sharing; and the effectiveness of the statewide program of services. The council shall prepare and adopt bylaws for the conduct of business which shall be approved by the board of library commissioners.
Section 19N. The board of library commissioners shall establish such rules and regulations as are necessary and proper for administering sections 19C to 19F, inclusive, and sections 19L and 19M.
SECTION 79. Subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be a surcharge of $125 on a fine assessed against a defendant convicted by a court of the commonwealth of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances, pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said surcharge shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established pursuant to the provisions of section 59 of chapter 10. In the discretion of the court, a surcharge assessed pursuant to this section may be reduced or waived, only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
SECTION 80. Paragraph (a) of subdivision (2) of said section 24 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-
There shall be a surcharge of $125 on a fine assessed against a defendant convicted by a court of the commonwealth of operating a motor vehicle negligently so that the lives or safety of the public might be endangered, pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said surcharge shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established pursuant to the provisions of section 59 of chapter 10. In the discretion of the court, a surcharge assessed pursuant to this section may be reduced or waived, only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
SECTION 81. Section 37 of chapter 92 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
A police officer employed by a city or town in whose boundaries, reservations or boulevards are located shall have all the same powers they have as a police officer of the city or town to enforce the laws of the commonwealth and the rules and regulations of the commission on any bikeway, pathway, park, reservation or other land under the care of the commission.
SECTION 82. Section 142M of chapter 111 of the General Laws, as most recently amended by section 2 of chapter 451 of the acts of 1996, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Beginning on January 1, 1998, at least 30 per cent of the commonwealth's motor vehicle fleet, as determined by the commissioner and the registrar, shall be subject to the provisions of this section and shall be subject to an enhanced motor vehicle emissions inspection, conducted biennially. Beginning on July 1, 1998, all of the commonwealth's motor vehicle fleet, as prescribed herein, shall be subject to the provisions of this section and shall be subject to an enhanced motor vehicle emissions inspection, conducted biennially.
THERE IS NO SECTION 83.
SECTION 84. Section 6A of chapter 115 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "four", in line 3, the following words:- or any person who served on active duty in the armed forces of the United States for a period of at least 180 days,.
SECTION 85. Section 6B of said chapter 115 is hereby amended by striking out, in lines 18 and 19 and in line 25, as so appearing, the words "five hundred dollars" and inserting in place thereof, in each instance, the following:- $1,500.
SECTION 86. Said section 6B of said chapter 115 is hereby further amended by inserting after the word "legs", in line 23, as so appearing, the following words:- or is otherwise determined to be 100 per cent disabled by the Veterans Administration.
SECTION 87. Said section 6B of said chapter 115 is hereby further amended by adding the following paragraph:-
The parents of a deceased member of the armed forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war or insurrection or combat, shall be paid the sum of $1,500 annually in two equal payments on July 1 and January 1. Such payments shall be due and payable from the date of said parents' application.
SECTION 88. Subsection (2) of section 9A of chapter 118E, as appearing in section 14 of chapter 203 of the acts of 1996, is hereby amended by striking out clauses (c) and (d) and inserting in place thereof the following two clauses:-
(c) adolescents aged 13 to 17, inclusive, whose financial eligibility as determined by the division does not exceed 133 per cent of the federal poverty level and who otherwise would not qualify for Medicaid within the definition of traditional beneficiaries; provided, however, that such adolescents whose financial eligibility as determined by the division exceeds 133 per cent of the federal poverty level but not more than 200 per cent of the poverty level may qualify for partial medical benefits pursuant to the terms and conditions of the demonstration projects;
(d) adults aged 18 to 64, inclusive, whose financial eligibility as determined by the division does not exceed 133 per cent of the federal poverty level and who otherwise would not qualify for Medicaid within the definition of traditional beneficiaries; provided, however, that said adults shall meet such other eligibility criteria that the division and the secretary may establish, including, but not limited to, the presence of dependent children in the household.
SECTION 89. Said subsection (2) of said section 9A of said chapter 118E, as so appearing, is hereby further amended by striking out clause (h) and inserting in place thereof the following clause:-
(h) persons who would be eligible for financial or medical assistance under the foregoing clauses, but for income or resources, except where the terms and conditions of the demonstration project provide for more restrictive or less restrictive eligibility criteria, including the payment of premiums as a condition of eligibility.
SECTION 90. Said section 9A of said chapter 118E, as so appearing, is hereby amended by striking out subsection (4) and inserting in place thereof the following subsection:-
(4) The terms and conditions of the demonstration project shall provide that the division may, for any and all beneficiary categories, vary the amount, duration, and scope of medical benefits, establish differing managed care options, and restrict the freedom of beneficiaries to choose health care providers.
SECTION 91. Paragraph (8) of said section 9A of said chapter 118E, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Consistent with the provisions of Title XIX and any waiver authority therein, the division may establish premium and copayment amounts for beneficiaries of MassHealth.
SECTION 92. Subsection (8) of section 9B of said chapter 118E, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The division shall establish an allocation method to account separately for the costs of medical benefits incurred by traditional beneficiaries and by expansion beneficiaries.
SECTION 93. Paragraph (a) of said section 30 of said chapter 118E, as appearing in the 1994 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Payment shall be made to the provider, institution or insurance entity supplying medical services.
SECTION 94. Section 31 of chapter 118E of the General Laws, as most recently amended by section 158 of chapter 450 of the acts of 1996, is hereby further amended by adding following subsection:-
(d) The division is also authorized during an individual's lifetime to recover all assistance correctly provided on or after April 1, 1995, if property against which the division has a lien or encumbrance under section 34 is sold. No lien or encumbrance shall be valid against any bona fide purchaser for value or take priority against any subsequent mortgagee for value unless and until it is recorded in the registry of deeds where the property lies.
Repayment shall not be required under this subsection while any of the following relatives lawfully resides in the property: (1) a sibling who had been residing in the property for at least one year immediately prior to the individual being admitted to a nursing facility or other medical institution; or (2) a child who (i) had been residing in the property for at least two years immediately prior to the parent being admitted to a nursing facility or other medical institution; and (ii) establishes to the satisfaction of the division that he provided care which permitted the parent to reside at home during that two year period rather than in an institution; and (iii) has lawfully resided in the property on a continuous basis while the parent has been in the medical institution.
If repayment is not yet required because a relative specified above is still lawfully residing in the property and the individual wishes to sell the property, the purchaser shall take possession subject to the lien or the division shall release the lien if the individual agrees to (1) either set aside sufficient assets to satisfy the lien or give bond to the division with sufficient sureties and (2) repay the division as soon as the specified relative is no longer lawfully residing in the property. Notwithstanding the foregoing or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien.
This subsection shall not limit the division's ability to recover from the individual's estate under subsection (a) or (b) or as otherwise provided under any general or special law.
SECTION 95. Section 32 of chapter 118E of the General Laws as amended by section 135 of chapter 38 of the acts of 1995, is hereby further amended by striking out subsections (b) to (e), inclusive and inserting in place thereof the following nine subsections:-
(b) The division may present claims against a decedent's estate as follows: (1) within four months after approval of the official bond of the executor or administrator, file a written statement of the amount claimed with the registry of probate where the petition was filed and deliver or mail a copy thereof to the executor or administrator. The claim shall be deemed presented upon the filing of the claim in the registry of probate; or (2) within one year after date of death of the decedent, commence an action under the provisions of section 9 of chapter 197.
(c) When presenting its claim by written statement under subsection (b), the division shall also notify the executor or administrator of (1) the circumstances and conditions which must exist for the division to be required to defer recovery under section 31 and (2) the circumstances and conditions which must exist for the division to waive recovery under its regulations for undue hardship.
(d) The executor or administrator shall have 60 days from the date of presentment to mail notice to the division by certified mail of one or more of the following findings: (1) the claim is disallowed in whole or in part, or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist, or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. A notice under clause (2) or (3) shall state the specific circumstances and conditions which exist and provide supporting documentation satisfactory to the division. Failure to mail notice under clause (1) shall be deemed an allowance of the claim. Failure to mail notice under clause (2) shall be deemed an admission that the circumstances or conditions where the division is required to defer recovery under section 31 do not exist. Failure to mail notice under clause (3) shall be deemed an admission that the circumstances and conditions for the division to waive recovery for undue hardship under its regulations do not exist.
(e) If the division at any time within the period for presenting claims under subsection (b) amends the amount due, the executor or administrator shall have an additional 60 days to mail notice to the division under subsection (d)(1).
(f) If the division receives a disallowance under clause (1) of subsection (d), the division may commence an action to enforce its claim in a court of competent jurisdiction within 60 days after receipt of said notice of disallowance. If the division receives a notice under clause (2) or (3) of said subsection (d), with which it disagrees, the division may commence an action in a court of competent jurisdiction within 60 days after receipt of said notice. If the division fails to commence an action after receiving a notice under clause (2) of said subsection (d), the division shall defer recovery while the circumstances or conditions specified in said notice continue to exist. If the division fails to commence an action after receiving a notice under clause (3) of said subsection (d), the division shall waive recovery for undue hardship.
(g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this section shall bear interest at the rate provided under section 6B of chapter 231 commencing four months plus 60 days after approval of the official bond of the executor or administrator.
Notwithstanding the foregoing, if the division fails to commence an action after receipt of a notice under clause (2) of subsection (d), interest at the rate provided under section 6B of chapter 231 shall not commence until the circumstances or conditions specified in the notice received by the division under said clause (2) cease to exist. The executor or administrator shall notify the division within 30 calendar days of any change in the circumstances or conditions asserted in said clause (2) notice, and upon request by the division, shall provide updated documentation verifying that the circumstances or conditions continue to exist.
If the division's claim has been allowed as provided herein and no circumstances and conditions requiring that the division defer recovery under section 31 exist, it may petition the probate court for an order directing the executor or administrator to pay the claim to the extent that funds are available or for such further relief as may be required.
(h) Notice of a petition by an executor or administrator for a license to sell real estate shall be given to the division in any estate where:
(1) the division has filed a written statement of claim with the registry of probate as provided in subsection (b); or
(2) the division has filed with the registry of probate a notice, as prescribed under subsection (a) of section 9 of chapter 197, that an action has been commenced.
(i) In all cases where:
(1) the division determines it may have a claim against a decedent's estate;
(2) a petition for administration of the decedent's estate or for admission to probate of the decedent's will has not been filed; and
(3) more than one year has passed from the decedent's date of death, the division is hereby authorized to designate a public administrator to be appointed and to serve pursuant to chapter 194. Said designation by the division shall include a statement of the amount claimed. This provision shall apply to all estates in which no petition for administration of the decedent's estate or for admission to probate of the decedent's will has been filed as of the effective date of this section, regardless of the decedent's date of death.
(j) If the executor or administrator wishes to sell or transfer any real property against which the division has filed a lien or claim not yet enforceable because circumstances or conditions specified in section 31 continue to exist, the division shall release the lien or claim if the executor or administrator agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give bond to the division with sufficient surety or sureties and (2) repay the division as soon as the circumstances or conditions which resulted in the lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing provision or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien or claim.
SECTION 96. Said chapter 118E is hereby further amended by striking out section 33, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:-
Section 33. No claim for costs of a nursing facility and other long term care services may be made by the division under section 31 or 32 if the individual receiving medical assistance was permanently institutionalized, had notified the division that he had no intent on returning home, and had on the date of admission to the nursing facility or other medical institution long term care insurance that met the requirements of 211 C.M.R. 65.00.
SECTION 97. Clause (b) of the second paragraph of section 2 of chapter 118G of the General Laws as appearing in section 275 of chapter 151 of the acts of 1996 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The division shall have the sole responsibility for establishing fair and adequate charges to be used by state institutions for general health supplies, care or rehabilitative services and accommodations, which charges shall be based on the actual costs of each state institution reasonably related, in the circumstances of each institution, to the efficient production of such services in such institution and shall also have sole responsibility for determining rates paid for educational assessments conducted or performed by psychologists and other trained certified educational personnel pursuant to the tenth paragraph of section 3 of chapter 71B of the general laws, notwithstanding the provisions of an other special or general law or rule or regulation to the contrary.
SECTION 98. Paragraph A of the first paragraph of section 23 of chapter 119 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following two paragraphs:-
The court shall, whenever reasonable and practical, and based upon a determination of the best interests of the child, ensure that children placed in foster care who are separated from siblings who are either in other foster or pre-adoptive homes, or in the homes of parents or extended family members, have access to, and visitation rights with, such siblings throughout the period of placement in the care and custody of the commonwealth, or subsequent to such placements if the children or their siblings are separated through adoption or long-term placements in foster care.
The courts shall determine, at the time of initial placements wherein children and their siblings are separated through placements in foster, pre-adoptive, or adoptive care, that such visitation rights be implemented through a schedule of visitations or supervised visitations to be arranged and monitored through the appropriate public or private agency, and with the participation of the foster, pre-adoptive or adoptive parents, or extended family members, and other parties who are relevant to the preservation of sibling relationships and visitation rights. Periodic reviews shall be conducted, so as to evaluate the effectiveness and appropriateness of the visitations between siblings placed in care.
SECTION 99. Section 26 of said chapter 119, as so appearing, is hereby amended by inserting after the second paragraph the following four paragraphs:-
The court shall, whenever reasonable and practical, and based upon a determination of the best interests of the child, ensure that children placed in foster care who are separated from siblings who are either in other foster or pre-adoptive homes or in the homes of parents or extended family members, have access to, and visitation rights with, such siblings throughout the period of placement in the care and custody of the commonwealth, or subsequent to such placements, if the children or their siblings are separated through adoption or long-term or short-term placements in foster care.
The courts shall determine, at the time of the initial placements wherein children and their siblings are separated through placements in foster, pre-adoptive, or adoptive care, that such visitation rights be implemented through a schedule of visitations or supervised visitations, to be arranged and monitored through the appropriate public or private agency, and with the participation of the foster, pre-adoptive or adoptive parents, or extended family members, and the child, if reasonable, and other parties who are relevant to the preservation of sibling relationships and visitation rights.
Periodic reviews shall be conducted, so as to evaluate the effectiveness and appropriateness of the visitations between siblings placed in care.
Any child who has attained the age of 12 years, may request visitation rights with siblings who have been separated and placed in care or have been adopted in a foster or adoptive home other than where the child resides.
SECTION 100. Said chapter 119 is hereby further amended by striking out section 33B, inserted by section 277 of chapter 151 of the acts of 1996, and inserting in place thereof the following section:-
Section 33B. At the time of placing a child in family home care, but in any event no later that five working days following such placement, the department or any other child-care agency shall determine whether the child has been adjudicated delinquent for a sexual offense or the commission of arson, or has admitted to such behavior, or is the subject of a documented or substantiated report of such behavior. If the department or other agency determines that the child has been so adjudicated, admitted, or found to have engaged in such behavior, it shall immediately refer the child to a qualified diagnostician for evaluation and assessment, including a risk management assessment of the child and a recommendation as to the type of appropriate and safe placement for the child. Such evaluation and assessment shall be completed within not more than ten working days from referral by the department or agency. No delay beyond the time periods in this section by the department shall in itself give rise to any claim of negligence or any other claim for damages. For the purposes of this section, a qualified diagnostician shall mean an individual who possesses specialized training and experience in the evaluation and treatment of sexually abusive youth or arsonists, as appropriate. Pending completion of such evaluation, the department or agency may place the child in an interim setting that is able to provide appropriate safety and security in light of the known risks posed by the child. Such risks shall be disclosed to the caretaker, including an interim safety plan to be implemented by the caretaker.
If the diagnostician recommends that the placement, including situations in which the child remains at home, should have adequate sex offender or arson specific risk management procedures, the department or agency responsible for placing the child shall prepare and implement a plan to address the safety of the child and other children in the home or residence, and to address the safety of the children in the immediate neighborhood. Such plan must include notification to all adults responsible for supervising the child in the home or residence of the child's behavioral history, including adjudications, if any, and education of all persons living in the home or residence about the known risks attendant to the child's behavior and methods of preventing such behavior, and provision for appropriate treatment for the child who is being placed. Where the department or agency makes a referral of such child to a foster home, residential facility, other agencies or organizations, or individuals for the purpose of receiving custodial services, the department or agency shall disclose the child's behavioral history, including adjudications, if any, to the designated recipient of the referral, prior to placement or at referral.