Showing posts with label MA Senate. Show all posts
Showing posts with label MA Senate. Show all posts

Tuesday, October 25, 2022

MA Senate Enacts Bill to Limit the Use of Step Therapy

The Massachusetts State Senate on Monday enacted legislation to limit the use of step therapy, or 'fail first' protocols that too often direct patients to cheaper medications rather than those more suitable to treat their condition. The bill, An Act relative to step therapy and patient safety, gives health care providers more leverage in determining the most effective treatment options for patients, saving patients expensive and painful regimens on medications they know to be ineffective or harmful. This bill builds on similar legislation passed by the Senate in 2020.

 

"Today, the Senate has taken action to reinforce its belief that health care decisions should be made by patients and their providers," stated Senate President Karen E. Spilka (D-Ashland). "I'm proud that the Senate has consistently led on the issue of limiting the use of step therapy as part of a wider strategy to shift the balance of health care back in the direction of the patient. I want to thank Senators Cyr, Friedman, and Rodrigues for continuing to work to get this important legislation onto the Governor's desk.

 

"Providing access to groundbreaking treatments that help improve the quality of life for those fighting cancer, debilitating diseases and a wide range of other medical conditions is a vitally important step we need to take, which is why the Senate acted again today to pass this critically important legislation," said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. "I applaud Senate President Spilka for her continued leadership, Senator Cyr, Senator Friedman, our colleagues in the Senate and the coalition of patient advocates for their dedication, desire and hard work to help us enact legislation that provides necessary guardrails around the use of step therapy, ensuring the safety and wellbeing of patients in need."

 

"Today, we are taking action to ensure that patients with complicated illnesses receive the medications that their doctors know they need—not repeatedly taking medications that are ineffective," said state Senator Julian Cyr (D-Truro), Senate Chair of the Joint Committee on Mental Health, Substance Abuse, and Recovery, who sponsored the legislation. "Waiting for treatment to fail first before utilizing a preferred medication often leads to worsening symptoms that cause complications and needless suffering for patients; it is a shortsighted practice that puts patients at unnecessary risk. I am grateful to Senate President Karen Spilka for her leadership and vision on health equity. Thank you to Senator Friedman, Senator Rodrigues, and our colleagues in the House, Representative Roy, Representative Decker, and Representative Lawn, for their partnership in advancing this legislation to the Governor's desk."

 

"This bill is a major step forward in ensuring patients and doctors have access to the right medication at the right time," said Senator Cindy F. Friedman (D-Arlington), Senate Chair of the Joint Committee on Health Care Financing. "We are finally joining over half the states in the nation in reforming step therapy practices, putting the focus back on health care providers working with patients to offer the best treatment possible."

 

Step therapy serves as a cost-saving mechanism that can limit a patient's ability to access the medication that is most suitable for treating their condition. Insurers that utilize step therapy protocols require medical providers to prescribe lower-cost medications to patients first, and only grant approval for alternative medications when the cheaper options have failed to improve a patient's condition. In practice, this results in insurers effectively choosing medications for the patient, even in cases where their providers have recommended an alternative. When patients change insurers, they are often forced to start at the beginning of the step therapy protocol again, which results in wasteful health care expenditures, lost time for patients, and potentially devastating health care impacts on the patient.

 

Step therapy is not limited to specific diseases. It affects patients across the healthcare spectrum, with particularly dramatic impacts on the allergy and asthma, antipsychotic, arthritis, cancer, coronary artery, depression, diabetes, HIV/AIDS, multiple sclerosis, and Parkinson's patient communities.

 

To address this, the bill establishes guardrails to protect patients in circumstances in which following step therapy protocols are counterproductive or harmful. The bill prohibits insurance providers from establishing a step therapy protocol that requires an insured individual to utilize a medication that is not likely to be clinically effective for the prescribed purpose. When establishing clinical criteria for step therapy protocols, the bill would ensure that insurance providers determine effectiveness through clinical review and take into account the needs of typical patient populations with similar diagnoses.

 

The bill provides patients who are subjected to step therapy sequences with an accessible exemption request process whenever coverage is restricted. The legislation enumerates specific timelines for insurers to review requests and grant exceptions, and in cases where interruptions in the patient's medication schedule puts them at considerable risk, the turnaround time is faster. Under the bill, providers would accept or deny a request within 3 business days or within 24 hours if additional delay would significantly risk the insured individual's health or well-being. If an exception to step therapy is denied, the bill includes a process for the decision to be appealed.  Upon granting exemptions, MassHealth and private insurers would be required to provide coverage for the drug recommended by the patient's provider.  

 

To assist in future reforms, the bill would create a commission on step therapy protocols within MassHealth to study and assess the implementation of this bill and any future step therapy reforms.

 

If passed, Massachusetts would join 28 other states in curbing unfair step therapy practices. The bill, An Act relative to step therapy and patient safety, is now before the Governor for his consideration.

 

The legislative text can be found -> https://malegislature.gov/Bills/192/H4929




MA Senate Enacts Bill to Limit the Use of Step Therapy
MA Senate Enacts Bill to Limit the Use of Step Therapy

Tuesday, October 18, 2022

Rausch vs. Dooley: A conversation with the candidates (video)

Watch a conversation with incumbent Sen. Rebecca L. Rausch (D) and challenger Rep. Shawn Dooley (R), the two candidates running for State Senate seat representing Needham and ten other communities that are part of the Norfolk, Worcester, and Middlesex districts.

"The discussion will focus on business and economic development but other issues will be discussed as well. Charles River Regional Chamber President Greg Reibman will moderate."

Tuesday, August 2, 2022

CommonWealth Magazine: "Here’s what passed in marathon all-night legislative session"

"IN A MARATHON all night session, the Massachusetts Legislature finally finished many of their key priorities of the 2021-2022 legislative session, even as one key priority – tax reform – remained undone. They passed bills on equity in the cannabis industry, legalizing sports betting, and tightening gun licensing laws in the wake of a Supreme Court ruling. While lawmakers typically go into the wee hours of the morning when concluding formal sessions on July 31, in a highly unusual move, this year’s Legislature not only worked through the night but was still going as the Monday workday began.  

“The final bill comes before us for its passage,” House Speaker Ron Mariano intoned just before 7 a.m. before breaking into an unscripted comment. “Easier said than done,” he added.  "
Continue reading the article online
 
You can check What's on the Governor's Desk at this page ->

Boston Globe coverage of the last session and what made it or didn't (subscription may be required)

Read more about the inner workings of the State House by following "Lisa Kashinsky's must-read rundown of what's up on Beacon Hill and beyond"

Massachusetts House Speaker Ron Mariano takes a call in the entryway to the House chamber on the final day of formal sessions on July 31, 2022. | Lisa Kashinsky/POLITICO
Massachusetts House Speaker Ron Mariano takes a call in the entryway to the House chamber on the final day of formal sessions on July 31, 2022. | Lisa Kashinsky/POLITICO

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