Showing posts with label MA House of Representatives. Show all posts
Showing posts with label MA House of Representatives. Show all posts

Tuesday, August 2, 2022

Legislature Passes Landmark Mental Health Reform

The Massachusetts Senate and House passed the Mental Health ABC Act: Addressing Barriers to Care (ABC), comprehensive legislation to continue the process of reforming the way mental health care is delivered in Massachusetts, with the goal of ensuring that people get the mental health care they need when they need it. 

The Mental Health ABC Act is driven by the recognition that mental health is as important as physical health for every resident of the Commonwealth and should be treated as such. The final conference report proposes a wide variety of reforms to ensure equitable access to mental health care and remove barriers to care by supporting the behavioral health workforce.  

"One moment, many years ago, I made the split-second decision to share the story of my family's struggle with mental illness—a moment of vulnerability and honesty that has become a movement, as more and more people stand up and speak up for accessible, high quality mental health care," stated Senate President Karen E. Spilka (D-Ashland). "We all deserve to have access to the mental health care we need, when we need it, and today we are on the brink to seeing comprehensive mental and behavioral health care reform signed into law. Thank you Senator Julian Cyr and Senator Cindy Friedman for their tireless work on this bill, to Senator Tarr for his work on the conference committee, and to our partners in the House for seeing this through. I'd also like to thank the countless individuals, families, advocates, providers and others who stood up for the common-sense idea that mental health is just as important as physical health, and to everyone who has fought for mental health care reform in Massachusetts and never gave up."

"I'm incredibly proud of the mental health legislation passed today that will help to address the behavioral health crisis that so many of our residents are currently experiencing, and that will move us closer to treating mental and physical health equally," said House Speaker Ronald J. Mariano (D-Quincy). "This legislation builds upon our long-standing efforts to advance important reforms that are aimed at improving our behavioral health care delivery system. I want to thank Chairman Madaro and the conferees, my colleagues in the House, as well as Senate President Spilka and our partners in the Senate for prioritizing increased support for the Commonwealth's mental health infrastructure."

"Today, the Massachusetts Legislature took vital strides toward transforming mental health care in Massachusetts," said Senator Julian Cyr (D-Truro), Senate of the Joint Committee on Mental Health, Substance Use and Recovery. "By unanimously passing the Mental Health ABC Act, we affirm that mental health is just as essential as physical health and take a leap forward to ensure that all people in Massachusetts can access the mental health care they need and deserve. I am deeply grateful to Senate President Karen Spilka for her leadership and example, to Senators Friedman, Rodrigues, and Tarr for their efforts in this most urgent endeavor, and to Representative Madaro for his partnership." 

"Too many people in communities across the Commonwealth struggle to get the mental, emotional and behavioral health care they deserve," said Representative Adrian C. Madaro (D-Boston), House Chair of the Joint Committee on Mental Health, Substance Use and Recovery. "This legislation helps reduce barriers to resources, support, and treatment residents need for their overall wellbeing. It enables enforcement of existing parity laws, enhances emergency response services and acute psychiatric care, develops programs to strengthen the workforce, and invests in mental health. Importantly, our legislation also creates initiatives to address the unique mental health needs of young people. This legislation is the first step in addressing the structural deficits in our mental health care delivery system by prioritizing the people it serves and the people who make it work."

"The health care system in Massachusetts is only as strong as its weakest link, and for far too long, mental health care has been overlooked and underfunded," stated Senator Cindy F. Friedman (D-Arlington), Senate Chair of the Joint Committee on Health Care Financing. "This legislation confronts this reality with the most comprehensive mental health care legislation the Commonwealth has seen in recent years, and it builds off of the historic investments we made in this care system over this past two-year legislative session. Of particular importance to me, this bill will finally provide the state the tools it needs to enforce existing mental health parity laws and it will address the emergency department boarding crisis that's impacting too many of our children and their families. I have long believed that Massachusetts should deliver affordable, high quality, and accessible care to its residents, and this includes mental health care."

"With this legislation, the House and Senate make an important investment in mental health care – and in the mental and behavioral health workforce," said Representative Denise C. Garlick (D-Needham), Chair of the House Committee on Bills in the Third Reading. "Every aspect of this bill is rooted in the fact that we support and strengthen health care workers through a focus on health equity, equitable reimbursement, and supporting those who support providers. Every resident will benefit from a stronger workforce providing care."

"This bill takes major and necessary steps to advance and strengthen the delivery of mental health care in our Commonwealth, by securing parity with physical health care, moving pediatric mental health patients expeditiously from emergency departments to more appropriate treatment settings. I am pleased that amendments that I offered to address mental health needs of police, firefighters, EMTs, and other first-responders are included as well as the requirement that online portals with updated information and resource will be available in real-time," said Senate Minority Leader Bruce Tarr (R- Gloucester), a member of the conference committee. "These and other components of the bill make the identification and treatment of mental health in our Commonwealth stronger, better, and more effective so that people in need of care can better access essential resources in the right place and provided by the right people."

"This legislation is a sea-change, greatly improving access to mental and behavioral health services and addressing some of the most challenging aspects of delivering this critical health care to all," stated Representative Hannah Kane (R-Shrewsbury). "Far too many families have seen loved ones suffering and unable to access the short and long term care they need to get well and be well, my family included. I am grateful for the work of the conferees and the leadership of the Legislature."

The following is an overview of The Mental Health ABC Act:

Guaranteeing Annual Mental Health Wellness Exams. A cornerstone of this reform is the idea that a person's mental health is just as important as a person's physical health. This bill would codify this principle by mandating coverage for an annual mental health wellness exam, comparable to an annual physical. 

Enforcing Mental Health Parity Laws. This bill provides the state with better tools to implement and enforce parity laws by creating a clear structure for the Division of Insurance to receive and investigate parity complaints and ensure their timely resolution. Other tools include parity enforcement for commercial, state-contracted and student health insurance plans, increased reporting and oversight of insurance carriers' mental health care coverage processes and policies, and reasonable penalties and alternative remedies for when an insurance company does not comply with the law. 

Initiatives to Address Emergency Department Boarding. For many people with acute mental health needs, the only place to get help is an emergency department (ED). Unfortunately, these patients may wait days, weeks, and even months for more appropriate admission to an inpatient psychiatric unit or less acute level of care. This is referred to as 'boarding,' which continues to rise dramatically. This legislation tackles this by creating online portals that provide access to real-time data on youth and adults seeking mental health and substance use services and includes a search function that allows health care providers to easily search and find open beds using several criteria; requiring the Health Policy Commission (HPC) to prepare and publish a report every three years on the status of pediatric behavioral health as the youth boarding crisis is particularly acute; requiring the Center for Health Information and Analysis (CHIA) to report on behavioral health needs; updating the expedited psychiatric inpatient admissions (EPIA) protocol and creating an expedited evaluation and stabilization process for patients under 18; codifying in statute the working group tasked with implementing the EPIA in law. 

988 Implementation and 911 Expansion. This legislation increases access to immediate behavioral health care through the implementation of the nationwide 988 hotline to access 24/7 suicide prevention and behavioral health crisis services. This legislation also expands 911 to bridge the gap until 988 is implemented by increasing training, funding, and capacity for regional emergency responses to behavioral health crises.

Red Flag Laws and Extreme Risk Protection Orders. This bill initiates a public awareness campaign on the Commonwealth's red flag laws and extreme risk protection orders (ERPOs) that limit access to guns for people at risk of hurting themselves or others. 

Reimbursing Mental Health Providers Equitably. Mental health and primary care providers are reimbursed at different rates for the same service. The bill seeks to level the playing field for reimbursement to mental health providers by requiring an equitable rate floor for evaluation and management services that is consistent with primary care. 

Reforming Medical Necessity and Prior Authorization Requirements. This bill mandates coverage and eliminates prior authorization for mental health acute treatment and stabilization services for adults and children. It also establishes a special commission to bring all stakeholders to the table to study and make recommendations on the creation of a common set of medical necessity criteria to be used by health care providers and insurance carriers for mental health services. 

Creating a Standard Release Form. Behavioral health providers struggle in the era of electronic health records and care coordination to create systems that simultaneously protect an individual's right to consent to share sensitive health information and allow practitioners to access the information they need to treat the individual and coordinate care. This bill directs the development of a standard release form for exchanging confidential mental health and substance use disorder information to facilitate access to treatment by patients with multiple health care providers. 

Increasing Access to Emergency Service Programs. Emergency Service Programs (ESPs), which are community-based and recovery-oriented programs that provide behavioral health crisis assessment, intervention, and stabilization services for people with psychiatric illness, are currently covered by MassHealth. The bill would require commercial insurance companies to cover ESPs as well. 

Expanding Access to the Evidence-Based Collaborative Care Model. The collaborative care model delivers mental health care in primary care through a team of health care professionals, including the primary care provider, a behavioral health care manager, and a consulting psychiatrist. This evidence-based access to mental health care has proven effective, less costly, and less stigmatizing. The bill would expand access to psychiatric care by requiring the state-contracted and commercial health plans to cover mental health and substance use disorder benefits offered through the psychiatric collaborative care model. 

Reviewing the Role of Behavioral Health Managers. Some insurance companies have subcontracted mental health benefits to specialty utilization management companies for years with mixed results. The bill directs the Health Policy Commission, in consultation with the Division of Insurance, to study and provide updated data on the use of contracted mental health benefit managers by insurance carriers, often referred to as 'carve-outs.'

Tracking and Analyzing Behavioral Health Expenditures. This bill includes a critical first steps toward incentivizing greater investments in mental health care within the analysis of statewide health care cost growth. Specifically, the bill directs the Center for Health Information and Analysis (CHIA) to define and collect data on the delivery of mental health services to establish a baseline of current spending.

Establishing an Office of Behavioral Health Promotion. Current behavioral health promotion activities are spread across state agencies. This dilutes the responsibility for mental health promotion and focus on the issues and undermines the important work being done. The bill establishes an Office of Behavioral Health Promotion within the Executive Office of Health and Human Services (EOHHS) to coordinate all state initiatives that promote mental, emotional, and behavioral health and wellness for residents. The new office is tasked with tailoring mental health messaging and intervention to veterans and first responders. It also creates a student advisory council to guide the office on meeting the mental health needs of the Commonwealth's students.

Increasing Access to Care in Geographically Isolated Areas. This bill directs the Department of Mental Health (DMH) to consider factors that may present barriers to care—such as travel distance and access to transportation—when contracting for services in geographically isolated and rural communities. 

Enhancing School-based Behavioral Health Services and Programming. This bill improves the wellness of young people by enhancing school-based behavioral health supports and increasing access points for effective behavioral health treatment by limiting the use of suspension and expulsion in all licensed early education and care programs and creating a statewide program to help schools implement school-based behavioral health services.

Increasing Access Points for Youth for Effective Behavioral Health Treatment. To support treatment accessibility for young people, this bill requires behavioral health assessments and referrals for children entering the foster care system.

Expanding Insurance Coverage for Vulnerable Populations. Critically, this legislation implements a technical fix to ensure individuals over 26 years old who live with disabilities can remain on their parents' health insurance.

Creating a Roadmap on Access to Culturally Competent Care. Under this provision, an interagency health equity team under the Office of Health Equity, working with an advisory council, will make annual recommendations for the next three years to improve access to, and the quality of, culturally competent mental health services. Paired with the Legislature's ARPA investment of $122 million in the behavioral health workforce through loan repayment assistance programs, this roadmap will make great strides toward building a robust workforce reflective of communities' needs. 

Allows for an Interim Licensure for Licensed Mental Health Counselors. The bill creates an interim licensure level for Licensed Mental Health Counselors (LMHCs) so that they can be reimbursed by insurance for their services and be eligible for state and federal grant and loan forgiveness programs, further increasing the number of licensed providers able to serve patients. 

Expanding Mental Health Billing. This bill allows clinicians practicing under the supervision of a licensed professional and working towards independent licensure to practice in a clinic setting. This will help to ensure quality training and supervision and encourage clinicians to stay practicing in community-based settings. 

Updating the Board of Registration of Social Workers. The bill updates the membership of the Board of Registration of Social Workers to clarify that designees from the Department of Children and Families (DCF) and Department of Public Health (DPH) be licensed social workers. 

Having passed both Senate and the House of Representatives, this legislation will be laid before the Governor for his consideration.  

Legislation text can be found -> https://malegislature.gov/Bills/192/S3097

Legislature Passes Landmark Mental Health Reform
Legislature Passes Landmark Mental Health Reform

Massachusetts Legislature Passes Legislation to Foster Greater Equity in Cannabis Industry

The Massachusetts Legislature passed legislation, An Act relative to equity in the cannabis industry, that encourages and facilitates participation in the cannabis industry from communities disproportionally harmed by marijuana criminalization by creating a Social Equity Trust Fund. The bill also strengthens the host community agreement process and clarifies procedures for permitting social consumption sites.

"The passage of this legislation will help to ensure that those who have been historically impacted by marijuana prohibition can find new opportunity in the emerging industry," said House Speaker Ronald J. Mariano (D-Quincy). "This legislation will help to support folks who have faced generations of inequality secure the needed capital to launch a cannabis business. I want to thank Chair Donahue and the conferees, my colleagues in the House, as well as Senate President Spilka and our partners in the Senate for the hard work required to get this done."

"I am thrilled we were able to reach a deal on this bill, which will take meaningful steps toward ensuring communities who have historically been harmed by marijuana criminalization can access resources to enter this industry," said Senate President Karen E. Spilka (D-Ashland). "I'd like to thank Chair Rodrigues as well as Senators Comerford and Fattman and all of the Senators who have worked so hard on this issue, Speaker Mariano and our partners in the House, and all of the conferees for advancing this important issue forward."

"This legislation's inclusion of a social equity trust fund will allow social equity entrepreneurs equal access to the cannabis industry. Further, this legislation will update the Commonwealth's expungement processes to allow for individuals with past cannabis related charges a path forward in expunging their criminal records," said Representative Daniel M. Donahue (D-Worcester), House Chair of the Joint Committee on Cannabis Policy. "This bill has been considered by the legislature for the past four years; we are proud to have come to an agreement to move the cannabis industry forward in Massachusetts and to have removed barriers for those most disadvantaged by the war on drugs in Massachusetts."

"The conference report we passed today builds upon the goals that we have always had for the cannabis industry here in the Commonwealth—protecting consumers, supporting small business, and promoting social equity," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. "I want to thank Senate President Spilka for her leadership, along with Senator Chang-Diaz, Senator Cyr, Senator Jehlen and others for advocating to make sure Massachusetts remains a cannabis industry leader. Ultimately, this conference report passed by the Senate promotes the continued growth of a competitive and equitable industry here in our state."

Establishes the Cannabis Social Equity Trust Fund

This legislation creates a trust fund to make grants and loans to social equity program participants and economic empowerment priority applicants, which will give entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement better access to grants and loans to get their businesses off the ground.

Fifteen per cent of the revenue collected from the sale of marijuana and marijuana products must be transferred to the Cannabis Social Equity Trust Fund, which will be administered by the Executive Office of Housing and Economic Development (EOHED), in consultation with a newly created Cannabis Social Equity Advisory Board.

"This legislation will create a more equitable cannabis industry in the Commonwealth and I am pleased to see it reach the Governor's desk," stated Senator Joanne M. Comerford (D-Northampton), "I am deeply grateful for the hard work put into this bill by the conferees, led by Senator Rodrigues and Representative Donahue. They approached this issue with expertise and compassion and the resulting bill will bring more diversity and equity to this industry."

Clarifies the host community agreements process

The legislation clarifies the Cannabis Control Commission's (CCC) role in reviewing and approving host community agreements (HCA), which are executed between marijuana businesses and their host municipalities. It authorizes the Commission to prioritize social equity program businesses and economic empowerment priority applicants for expedited review.

The legislation also clarifies the scope of HCAs and adds new criteria, such as:

  • No host community agreement can include a community impact fee that is beyond the business's eighth year of operation.
  • The community impact fee must be reasonably related to the actual costs required to operate a cannabis business in a community.
  • The CCC must review and approve each host community agreement as part of the license application and renewal process.
  • All host communities must establish procedures and policies to encourage full participation in the regulated marijuana industry by people from communities that have been disproportionately harmed by marijuana prohibition and enforcement.

"I am proud this body is taking steps to reform the HCA process and bringing forward better options for the growing cannabis industry in the Commonwealth," said Representative Mathew J. Muratore (R-Plymouth).

"I am proud to have served on the conference committee on the cannabis and social equity bill, which expands access to the cannabis industry," said Senator Ryan C. Fattman (R-Sutton). "America is the land of opportunity, and it is crucial that it is available to all. Our founding principles are based on these ideals, and we must be persistent in our pursuit of equity of opportunity in our economy today."

Clarifies the local social consumption approval process

The social consumption policy, which would allow the sale of marijuana and marijuana products for consumption on the premises where sold, is authorized by existing law. However, this legislation amends it to ensure proper procedures are taken regarding local initiative petitions. Under this legislation, as an alternative to local initiative petitions, a city or town may also allow for social consumption sites through the passage of a by-law or ordinance.

Expedites the expungement process

For individuals seeking to expunge a record for previous offenses that are now decriminalized, this legislation requires the court to order the expungement of the record within 30 days of the request and expunge records for possession of marijuana or distribution of marijuana based on the now legal amount.

Having been passed by the Senate and the House, An Act relative to equity in the cannabis industry now goes to the Governor for his signature.

Text of the legislation can be found -> https://malegislature.gov/Bills/192/S3096

Massachusetts Legislature Passes Legislation to Foster Greater Equity in Cannabis Industryl
Massachusetts Legislature Passes Legislation to Foster Greater Equity in Cannabis Industry

Monday, August 1, 2022

CommonWealth Magazine: "Baker in take-it-or-leave-it position on climate bill"

THE LEGISLATURE returned compromise climate legislation to Gov. Charlie Baker on Sunday and urged him to sign it into law even though he didn’t get all the changes he wanted.

Rep. Jeffrey Roy of Franklin, the House chair of the Legislature’s energy committee, gave a speech in which he appealed to Baker to follow his own advice on compromising and warned him of the consequences of not doing so.

Roy read a passage from Baker’s recent book that extolled compromise and suggested the governor should practice what he preaches. He also warned that a veto, which would kill the legislation, would hurt the state’s efforts to meet its climate goals and set the governor up as “the one who took the breeze out of offshore wind.”

....

"By keeping the funding out of the climate change bill, the Legislature prevented the measure from becoming a spending bill. On spending bills, the governor has the authority to veto individual items in the overall legislation.

As a result, the governor can now only sign the bill sent to him on Sunday by the Legislature, allow the bill to take effect without his signature, or veto the entire bill.

“He’s got to take it or leave it,” Roy said. "

Continue reading the article online
 

CommonWealth Magazine: "Baker in take-it-or-leave-it position on climate bill"
CommonWealth Magazine: "Baker in take-it-or-leave-it position on climate bill"

Legislature Passes $11.3 Billion Transportation and Infrastructure Bill

The Legislature's final version of the transportation bond bill, which was released from conference committee on Saturday, was enacted by both the House and Senate on Sunday. It authorizes over $11.3 billion for transportation and infrastructure projects, including $400 million for the Massachusetts Bay Transportation Authority (MBTA) to address ongoing safety concerns identified by the Federal Transit Administration's Safety Management Inspection and $275 million for the East-West passenger rail project.

"Not only does this bill fund much-needed transportation repairs for all modes and communities, but it also goes much further to invest in infrastructure that is more modern, environmentally sustainable, and regionally equitable," said Senate President Karen E. Spilka (D-Ashland). "The support for electric vehicles, regional transportation authorities, MBTA safety investments, low-income fares on public transit, expanded East-West connectivity, and many other initiatives in this bill will benefit residents, visitors and businesses throughout Massachusetts. I want to thank Senator Crighton for quickly and adeptly taking on the role of Transportation Chair and for collaborating with Senators Rodrigues and Collins as well as so many Senators to produce this comprehensive legislation."

"I'm incredibly proud of the work done by the Legislature to ensure that several of the Commonwealth's most vital transportation infrastructure projects are sufficiently funded," said House Speaker Ronald J. Mariano (D-Quincy). "As the MBTA continues to address ongoing safety concerns, and as the East-West passenger rail project begins, this package demonstrates the Legislature's commitment to investing in these meaningful efforts, and to continuing support for other improvements to roads and bridges across Massachusetts. I want to thank Chairman Straus and the conferees, my colleagues in the House, as well as Senate President Spilka and our partners in the Senate, for the hard work that ultimately facilitated the passage of this legislation."

"This transportation bond bill provides Massachusetts with the key to unlock once-in-a-generation federal funding from the Bipartisan Infrastructure Law," said Senator Brendan Crighton (D-Lynn), the Senate Chair of the Joint Committee on Transportation. "With these combined state and federal investments, we will be able to complete vital work on our highways, roads, bridges, and public transportation systems, improving mobility for all residents of the Commonwealth."

"With the acceptance of the conference report, the House once again affirmed its dedication to meeting the transportation and infrastructure needs of the commonwealth," said Representative William M. Straus (D-Mattapoisett), House Chair of the Joint Committee on Transportation. "This generational opportunity provides needed investments toward a more unified and resilient transportation system."

Other highlights of the bill include:

  • $3,500,000,000 for projects funded with discretionary federal grant funds, including funds from the federal Bipartisan Infrastructure Law
  • $2,812,457,157 for projects on the interstate and non-interstate federal highway system
  • $1,375,000,000 for sustainable transit system modernization and rail improvements
  • $1,270,000,000 for non-federally aided roadway and bridge projects and for the non-participating portion of federally aided projects
  • $145,000,000 for multi-modal transportation planning and programming
  • $114,100,000 for the Airport Improvement Program
  • $85,000,000 for pavement and surface conditions on non-federally aided roadways
  • $82,000,000 for rail improvements
  • $64,900,000 for projects of regional transit networks and facilities
  • $25,501,000 for the Mobility Assistance Program
  • $25,000,000 for pavement and surface conditions on municipal roadways
  • $25,000,000 for grants to Transportation Management Associations
  • $20,000,000 for grants to municipalities under the Complete Streets Funding Program
  • $10,000,000 for a public realm improvement program

To promote the adoption of electric vehicles (EVs), the bill also includes $175 million for the development and implementation of programs to promote, establish or expand public electric vehicle charging infrastructure, the development and implementation of incentive programs promoting e-bikes and public transportation, replacement of high-emissions vehicles, electric vehicles for hire and carsharing, electric school buses, electric short-haul freight and delivery trucks, and for other pilot projects that focus on equity and inclusion while reducing emissions.

"This legislation is a significant commitment to meeting our Commonwealth's most pressing transportation and climate challenges," said Senator Nick Collins (D-Boston), Senate Chair of the Joint Committee on Bonding, Capital Expenditures and State Assets. "Most importantly, it does so while demonstrating that through smart fiscal policy, we can invest in our future while continuing to make Massachusetts a good place to do business. I would like to thank Senate President Spilka for appointing me to the conference committee and thank my colleagues who came together to produce this important compromise."

"I am grateful to the Speaker for his leadership on this critical legislation which will fund generational change for our Commonwealth's roads, bridges and transit infrastructure," said Representative Danielle W. Gregoire (D-Marlborough), House Chair of the Joint Committee on Bonding, Capital Expenditures and State Assets. "Having played a role in this process since President Biden's announcement of the Build Back Better plan, I am confident that the concerns of all of our colleagues and their constituents are being addressed in this unprecedented bond authorization".

The bill makes significant reforms to address the severe safety concerns around the MBTA. The bill mandates the MBTA to establish and maintain a three-year safety improvement plan with measurable safety objectives for the agency, and it directs the MBTA to contract with an independent third-party auditor to conduct annual safety audits. To ensure transparency around the MBTA's safety, the bill directs the MBTA to submit a monthly, publicly available report containing all the incidents, accidents, casualties, and hazards affecting any of its modes of transit. In addition, the MBTA is required to develop and implement short-term, medium-term, and long-term plans for how each line of the commuter rail system can be fully integrated into the Commonwealth's transportation system and contribute to the productivity, equity, and decarbonization efforts of the MBTA as a whole.

Other policy provisions related to the MBTA include requiring the authority to provide parking alternatives to commuters when it demolishes or reconstructs parking lots or garages it operates; to hold a mandatory, 30-day appeal process during which the authority must confer with the municipality's planning officials to explore alternatives when there is a bus route service elimination; and to develop an updated service and operational plans for established and potential water transportation routes involving passenger ferry service.

Additionally, the bill:

  • Creates a special commission on mobility pricing to investigate, study and make recommendations on the development and deployment of comprehensive and regionally equitable public transportation pricing, roadway pricing and congestion pricing.
  • Creates a commission to investigate and receive public testimony concerning public entities with the ability to design, permit, construct, operate and maintain passenger rail service that meets the standards of at least one of the final alternatives set forth in the East-West Passenger Rail Study Final Report.
  • Regulates the use of e-bikes to encourage their adoption and authorizes municipalities and the state to adopt ordinances or regulations concerning the use of such e-bikes on bike paths and bikeways.
  • Requires transportation network companies to submit data related to pre-arranged rides for the purposes of congestion management.
  • Requires MassDOT, in consultation with the comptroller, to create a website to report on expenditures from this act and any project receiving federal funding from the federal Bipartisan Infrastructure Law.
  • Requires MassDOT, in consultation with the Executive Office Energy and Environmental Affairs (EOEEA), to study the feasibility of wildlife crossing projects for the purpose of establishing and maintaining these projects.
  • Authorizes the MassDOT to create positions and hire staff for the purpose of conducting research and policy analysis for the MBTA board of directors.

"The transportation infrastructure bond bill positions the Commonwealth to be able to repair, maintain, and modernize our roadways and public transit system," said Senator Patrick M. O'Connor (R-Weymouth). "Additionally, language in this bill will allow Massachusetts to go after more federal dollars to build on the investments we are making today. I was proud to serve on the Conference Committee alongside my colleagues and I am looking forward to seeing these investments pay dividends in the years to come."

"The priority investments provided for in this bill are a critical first step in the process of providing safe, reliable and efficient transportation systems for the residents of the Commonwealth," said Representative Norman J. Orrall (R-Lakeville).

This legislation now heads to the Governor for further consideration.

 

Legislature Passes $11.3 Billion Transportation and Infrastructure Bill
Legislature Passes $11.3 Billion Transportation and Infrastructure Bill

Sunday, July 31, 2022

MA Senate & MA House Pass Legislation to Strengthen Local Public Health Services

The Massachusetts State Senate on Friday passed legislation to address disparities in local and regional public health systems. The bill, also known as the Statewide Accelerated Public Health for Every Community (SAPHE) Act 2.0, would encourage wider technical coordination among Massachusetts’ 351 separate boards of health, establish common standards among these boards, and ensure that these boards of health are funded equitably. This legislation implements the unanimous recommendations of the Special Commission on Local and Regional Public Health and was a key recommendation of the Joint Committee on COVID-19 and Emergency Preparedness and Management’s July 2022 report. This bill also follows the historic $200.1 million that the Legislature included in the December 2021 American Rescue Plan Act (ARPA) bill to support the state’s local and regional public health infrastructure.

“All residents should be able to expect high-quality public health services regardless of where they live,” said Senate President Karen E. Spilka (D-Ashland). “This legislation puts into practice the lessons learned during the pandemic by increasing support for local boards of public health and ensuring that all communities in the Commonwealth are well prepared to respond to public health challenges. I want to thank Senator Comerford for repeatedly diving into the many technical aspects of public health in Massachusetts, bringing to light the importance of public health to our communities, and for crafting this legislation.”

 

“With the passage of this legislation, a person’s zip code will no longer determine the public health protections that they are afforded and local public health officials will have the resources they need to do their jobs,” said Senator Jo Comerford (D-Northampton), Senate Chair of Joint Committee on Covid-19 and Emergency Preparedness and Management and also of the Joint Committee on Public Health. “I am deeply grateful to Representatives Hannah Kane and Denise Garlick, Department of Public Health and Health and Human Services officials, the Massachusetts Public Health Association, and all who advocated for a better day for public health. That day has come.”

 

Currently, Massachusetts does not have a public health framework to guide local boards of health. SAPHE 2.0 directs the Department of Public Health (DPH), in consultation with municipalities and other stakeholders, to develop a set of standards for local public health systems in accordance with national standards and the recommendations of the Special Commission on Local and Regional Public Health. Standards will be set for communicable disease control, public health nursing services, food and water protection, chronic disease and injury prevention, environmental public health, maternal, child and family health, and access to clinical care.

 

The bill also directs DPH and the Department of Environmental Protection (DEP) to provide core public health educational and training opportunities and technical assistance to municipal and regional public health officials. This will help to prevent a situation from arising in which a board is unable to access health expertise from a credentialed member of the public health workforce.

 

To help ensure a sustainable state funding mechanism that addresses regional inequities and differing qualities of public health preparedness throughout the state, this legislation directs DPH to estimate annually, before the governor files a budget, the funds needed for local and regional health boards to meet the minimum standards set forth in the bill.

 

By enhancing and incentivizing cross-jurisdictional sharing, the bill will result in cost savings and more effective service delivery. The bill creates a uniform reporting system which includes metrics for inspections, code enforcement, communicable disease management, and local regulations, and will make this data available (excluding personally identifying information).

 

Having passed both Senate and the House of Representatives, this legislation will be laid before the Governor for his consideration.


Link to the legislation text can be found -> https://malegislature.gov/Bills/192/H5104


The Massachusetts State House JESSICA RINALDI/GLOBE STAFF
The Massachusetts State House JESSICA RINALDI/GLOBE STAFF

MA Legislature Passes Legislation Giving Adoptees Access to Birth Certificates

The Massachusetts State Senate on Friday passed legislation to ensure that all adoptees will have access to their original birth certificates. Under current state law, an adopted person born between July 17, 1974 and January 1, 2008 cannot access their original birth certificate without obtaining a court order that unseals their record. The legislation passed by the Senate would close this gap and allow adopted individuals over the age of 18 or the adoptive parents of a child under 18 to access the adoptee’s original birth certificate.


“At this point in time, we should not deny people access to their medical information and life history simply because of when they were born, or subject them to a cumbersome process,” said Senate President Karen E. Spilka (D-Ashland). “I want to thank Senators Gobi, Comerford, and Lovely for their work on this legislation.”

 

“Many adoptees have been waiting their whole lives to learn their history, and I am honored to have played a part in helping them access their original birth certificates,” said Senator Joan B. Lovely (D-Salem), Chair of the Senate Committee on Rules. “For the sake of preserving our health and well-being, it is crucial to know what physical or mental health conditions to which we may be predisposed. By giving all adoptees born in Massachusetts access to their original birth certificates, this legislation closes a 34 year gap granting generations of individuals medical knowledge they have otherwise been denied. Thank you, Senate President Spilka, Senator Gobi, Representative Garballey, and all my Senate colleagues for affirming that everyone deserves to know where and from whom they came so they can make the most informed decisions possible for themselves.”  

 

“The Joint Committee on Public Health heard powerful testimony from adoptees who could not access their original birth certificate due to a current loophole in state law addressed by this legislation,” said Senator Jo Comerford (D-Northampton), Senate Chair of the Joint Committee on Public Health. “I’m delighted that the Senate passed this important bill, and grateful to Senator Anne Gobi for her advocacy and to Senate President Spilka for bringing the bill to the floor.”

 

“Today, the Senate took a major step in assuring equality by guaranteeing that all adoptees, regardless of when they were born, will have access to their original birth certificate,” said Senator Anne M. Gobi (D-Spencer), lead sponsor of the bill. “This would not have been possible without the strong advocacy of Senate President Spilka, Senator Joan Lovely and so many adoptees, including Jean Strauss of East Brookfield. As the lead sponsor of the bill, I have waited six years for its passage, so many have waited their entire lives, and today we tell them the wait is over and they matter.”

 

Individuals adopted before 1974 or after 2008 are already able to access their original birth certificates without going through the courts system. They can do so on their own once they turn 18, or earlier with the help of their adoptive parents.

 

The same language having previously passed the House of Representatives, the bill will be delivered to the Governor for his consideration.


The text of the legislation can be found -> https://malegislature.gov/Bills/192/H2294



MA Legislature Passes Legislation Giving Adoptees Access to Birth Certificates
MA Legislature Passes Legislation Giving Adoptees Access to Birth Certificates

Boston Globe: "On the eve of legislative session’s end, Mass. lawmakers leave big policymaking to bitter end"

"On the penultimate day of its session, the state Legislature adjourned early — before 6 p.m. — leaving massive and high-priority pieces of legislation for eleventh-hour votes before the formal session ends Sunday.

However, lawmakers were continuing to negotiate compromise bills that will need to be voted on by Sunday. Legislative rules require conference committees to file their reports before 8 p.m. in order for the proposals to be considered the following day.

But Senator William N. Brownsberger said the rules have been suspended before, and that it could happen again. He said he “expects to go late” into Sunday night as members iron out differences in priority bills.

“We got as much business as we could get done today, and hopefully we’ll get the rest done tomorrow,” the Belmont Democrat told reporters as he left the Senate chamber for the night. “There’s no reason to stay late two nights in a row. It isn’t needed, and it doesn’t help . . . we do have a lot of work to do.”"
Continue reading the Boston Globe article (subscriptions may be required)

 

"WITH THE LEGISLATIVE session expected to end on Sunday night and a large backlog of bills in the pipeline, the House and Senate accomplished relatively little on Saturday.

House Democrats roundly rejected a Gov. Charlie Baker plan to overhaul how criminal defendants can be deemed dangerous and detained, spiking his last-minute effort to attach the measure to one of their criminal justice reform priorities.

The Senate passed its version of a measure bringing the state’s gun laws into compliance with a recent Supreme Court decision. Behind the scenes, House and Senate negotiators reached agreement on an $11.3 billion infrastructure bill and Baker returned a bill to lawmakers revamping governance of the Holyoke and Chelsea Soldiers’ Homes with an amendment to delay the effective date. There was little movement on a heavily rewritten climate change bill Baker returned to the Legislature on Friday and no action on sports betting, cannabis reform, mental health, or a host of other legislation." 

Continue reading the article online

The Massachusetts State House JESSICA RINALDI/GLOBE STAFF
The Massachusetts State House JESSICA RINALDI/GLOBE STAFF

Saturday, July 30, 2022

Gov Baker sent the climate bill back to Legislature with amendments

"GOV. CHARLIE BAKER sent the Legislature’s climate change bill back with amendments that appear to rewrite it significantly, including reinstating the governor’s original call for using $750 million in federal aid to jumpstart clean energy innovation in the state.

The governor’s 19-page letter to the Legislature noted he filed his climate change bill last October but lawmakers waited until recently to send their compromise bill to him, leaving little time for compromise with the legislative session ending Sunday.

“I am returning this bill in a timely manner in hopes of reaching a successful compromise with the Legislature soon,” he wrote."
Continue reading the article online 

Boston Globe coverage (subscription may be required)

Link to amendments returned to House & Senate ->  https://malegislature.gov/Bills/192/H5141


Gov. Charlie Baker at a State House press conference. (David L Ryan/Globe Staff )
Gov. Charlie Baker at a State House press conference. (David L Ryan/Globe Staff )

Friday, July 29, 2022

Massachusetts Legislature Passes Veterans' Home Governance Legislation

The Massachusetts Legislature today passed An Act relative to the governance, structure and care of veterans at the Commonwealth's veterans' homes which makes key reforms to the governance structure of the state's veterans' homes, ensures that both homes are federally licensed as health care facilities, mandates increased state management, and provides independent oversight and accountability of veterans' homes management. Following the tragedy at the Holyoke Veterans' Home in 2020, which resulted in the COVID-19 related deaths of 78 veterans, the Legislature established the Special Joint Oversight Committee on the veterans' Home in Holyoke COVID-19 Outbreak to investigate and make recommendations which resulted in this legislation.

"By taking significant steps to change how our veterans' homes are governed and managed, and by establishing protocols that are designed to identify and correct any examples of mismanagement or inadequate care as quickly as possible, this legislation will help to ensure that a tragedy similar to what occurred at the Holyoke Soldiers' Home will never happen again in Massachusetts," said House Speaker Ronald J. Mariano (D-Quincy). "I want to thank Leader Wagner, Chairman McMurtry and members of the conference committee, my colleagues in the House, as well as Senate President Spilka and our partners in the Senate for their hard work, and for prioritizing the health and well-being of the Commonwealth's veterans. They deserve nothing less."

"As the daughter of a veteran, I continue to be heartbroken for the families of those who lost their lives to COVID-19 at the Holyoke Soldiers' Home," stated Senate President Karen E. Spilka (D-Ashland). "I would like to thank Senators Rush, Velis and Tarr for their work on this conference committee, as well as Speaker Mariano and all of the House conferees for their partnership in service of our veterans. This important reform to the governance of veterans' homes in Massachusetts is a major step toward rethinking how we deliver care to veterans of every generation across Massachusetts and ensure that our veterans are connected to their communities."

"I am honored to have led the House's effort to reform the system of governance at the two state-operated veterans' homes, streamline and modernize veterans care, and create a clear chain of command with a new cabinet-level secretary of veterans' services," said Representative Joseph F. Wagner (D-Chicopee), Second Assistant Majority Leader and House lead of the conference committee. "This legislation not only addresses a structurally deficient authority at the homes, but instills a greater level of care for veterans statewide, consistent with our prior action in authorizing $400 million for a new and an additional $200 million for other veterans' housing projects. This report puts emphasis on our commitment to provide veterans the care they deserve, with dignity and honor."

"The tragedy of the state's soldiers' homes did not happen overnight. It was the culmination of years of mismanagement, a lack of oversight, and a plethora of serious structural deficiencies which ultimately cost over one hundred veterans their lives," said Senator Michael F. Rush (D-Boston), Senate Majority Whip and Senate lead of the conference committee. "The Commonwealth's veterans deserve better. Today, thanks to the efforts of Senate President Karen Spilka, Speaker Mariano, Leader Joe Wagner, and my colleagues on the conference committee, we have created a strong framework to ensure they receive the best a grateful public can offer."

The legislation creates a direct line of authority by creating a Secretary of Veterans' Services position, with a corresponding executive office in the Commonwealth, as the ultimate appointing authority of the superintendents of the two state-operated homes. It also creates a newly constituted 19-member Veterans' Homes Council to advise the Secretary to ensure the health and well-being of veteran residents. The council is tasked with reviewing and approving the local Board of Trustees' nomination for superintendent of their respective home before submitting the final candidate to the Secretary for consideration of appointment.

The legislation also makes the superintendent the administrative head of a state-operated veterans' home, prescribing them with concrete responsibilities. It includes critical qualifications for the role, requiring that the individual selected be a licensed nursing home administrator, and be a veteran or have experience in the management of veterans in a long-term care or nursing home facility. The medical director of each state-operated veterans' home will recommend to the superintendent all medical staff, physicians, and nurses at the respective home for their review for hiring.

"A bill of this magnitude is always a product of collaboration and compromise, and this legislation is no different. I would like to thank Speaker Mariano and Leader Wagner for their steadfast leadership and guidance through this process," said Representative Paul McMurtry (D-Dedham), House Chair of the Joint Committee on Veterans and Federal Affairs. "I believe that the compromise reached in this conference committee produced a strong bill that delivers on its original goal of providing a structure to our veterans homes that protects our veterans and gives them the highest quality of care and dignity they've earned and deserve."

"From streamlining the chain of command and clarifying the responsibilities of the superintendent, to elevating the veterans Secretary to cabinet level and expanding the Department of Public Health's role, this legislation contains important improvements for our Commonwealth's veterans' homes," said Senator John C. Velis (D-Westfield), Senate Chair of the Joint Committee on Veterans and Federal Affairs. "I want to thank my fellow conferees for their work throughout this process and for their commitment to getting a piece of legislation to the Governor's desk this session. At the same time, we know that this work must continue. That is why I am so grateful to Senate President Spilka for appointing me to lead the Senate working group that will oversee implementation of this legislation, identify what we need to improve on further, and continue to work to ensure that the tragedy that took place at the Holyoke Soldiers' Home never happens again."

To further protect the health and safety of residents and staff, the report requires all state-operated veterans' homes be licensed as nursing homes by the Department of Public Health (DPH), a provision that was not previously enforced in state law. It also directs the department to conduct inspections of the homes biannually—and monthly during a declared state of emergency—with a timeframe for when violations must be resolved. Each state-operated veterans' home must apply and maintain certification from the Centers for Medicare and Medicaid Services (CMS) to participate in such programs on behalf of their residents, as well as adhere to federal guidelines for trauma-informed care.

The comprehensive bill also reaffirms the role of the Executive Director of Veterans' Homes and Housing, who will now oversee the Veterans' Home Council as chair, in addition to their other responsibilities. The report goes further in enhancing the care of all veterans in the Commonwealth by creating an Office of the Veteran Advocate, appointed by the Governor, Attorney General and State Auditor, independent of any supervision control by an executive agency, to guarantee veterans residing in the state are always receiving services in a humane and dignified manner. The legislation also establishes the position of ombudsperson for each veterans' home to advocate on behalf of the residents and staff at the home.

"I want to thank my colleagues on this conference committee for their hard work and dedication through this process," said Representative David F. DeCoste (R-Norwell). "I am certain that the mandated improvements in management controls, certifications and medical professional requirements will greatly improve operations in both the Holyoke and Chelsea Soldiers Homes." 

"We have a solemn obligation to support those who enter harm's way on our behalf in the uniform of our military and our state has a proud legacy of leading this nation in meeting that obligation in offering support for those men and women," said Senate Minority Leader Bruce Tarr (R-Gloucester), a member of the bill's conference committee. "I am thankful that the conference committee retained my amendment to require that the Secretary of Veteran's Services be a veteran and a full member of the Governor's cabinet because this will allow the Secretary to faithfully give veterans a voice that they have always deserved. The Holyoke and Chelsea veterans' homes, and any future homes, should be a place of respite, care, and safety where a veteran can live their days with dignity. This bill sets the stage for accountability, a firm chain of command, proper licensure, and experts to make sure that the administration of these homes are modernized and fully committed to those in their care."

In May 2021, the Legislature approved a $600 million bond authorization—with $400 million for the construction of an updated Holyoke Veterans' Home facility and $200 million to increase geographic equity and accessibility for veterans not primarily served by the veterans' homes in Chelsea or Holyoke.

Having been passed by the House and Senate, An Act relative to the governance, structure and care of veterans at the Commonwealth's veterans' homes now goes to Governor Baker for his signature.

Link to Legislation -> https://malegislature.gov/Bills/192/H5106


Massachusetts Legislature Passes Veterans' Home Governance Legislation
Massachusetts Legislature Passes Veterans' Home Governance Legislation

Wednesday, July 27, 2022

MA Senate Passes Legislation Supporting Special Needs Trusts for Disabled Seniors

The Massachusetts State Senate on Tuesday passed legislation to promote the wellbeing of senior citizens with disabilities by clarifying their right to create and access pooled trusts while also receiving MassHealth benefits. Pooled trusts can provide funding to help seniors with disabilities to pay for items and services which are not covered by MassHealth, such as home care services, uncovered medical, dental and pharmacy costs, transportation, clothing, and household items.

 

“MassHealth serves some of the Commonwealth’s most vulnerable residents,” said Senate President Karen E. Spilka (D-Ashland). “Senior citizens and people with disabilities deserve to be able to save and make smart financial decisions for their living expenses without having to worry about their eligibility for MassHealth. I want to thank Senator Jehlen for pushing for this legislation and Senator Rodrigues for his committee’s review.”


“The passage of this legislation today strengthens our support for our older disabled population by improving their quality of life and makes aging in Massachusetts a more caring experience for this population in need,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “I would like to thank the Senate President for her continued support, along with Senator Jehlen and others for their advocacy, ensuring we help to preserve funds for this vulnerable population, while protecting their eligibility for public benefits.”

 

"For decades, disabled people have been able to use special needs trusts to pay for important services not covered by MassHealth," said Senator Patricia B. Jehlen (D-Somerville), lead sponsor of the bill. "The trusts allow them to qualify for MassHealth while preserving enough assets to pay for items not allowed by Medicaid rules, such as home care, transportation, dental care, clothing, and personal care items.  When the beneficiary of a special needs trust dies, any remaining assets are returned to the Commonwealth.  Millions of dollars are recovered from these trusts each year."

 

Pooled trusts, which are managed by nonprofit organizations, combine the resources of many beneficiaries for the purposes of administrative cost-effectiveness and investment optimization. In Massachusetts, they have been used to give people with disabilities a way to access health care benefits, such as those offered by MassHealth, while depositing additional funds into the trust to pay for items and services not covered by those benefits.

 

Historically, disabled individuals of any age have been permitted to join pooled trusts without interfering with their MassHealth eligibility. In 2019 however, a federal court decision held that a Medicaid penalty may be imposed on a senior who creates a pooled trust account which is not regarded as a ‘fair-market value’. This makes it possible for MassHealth to penalize disabled individuals aged 65 and over who set up a pooled trust. This legislation would prevent this by requiring MassHealth to regard all pooled trusts as ‘fair-market value’.

 

Having passed the Senate this legislation now goes on to the House of Representatives for enactment.


Link to legislation -> https://malegislature.gov/Bills/192/H4792


MA Senate Passes Legislation Supporting Special Needs Trusts for Disabled Seniors
MA Senate Passes Legislation Supporting Special Needs Trusts for Disabled Seniors