MA Legislature Enacts Sweeping Economic Development Bill

The Massachusetts Legislature on Thursday passed a wide-ranging $3.76 billion relief package to provide targeted energy assistance, support ongoing transportation needs, and invest in the state’s small businesses, caregivers, health care system, affordable housing, and efforts to fight climate change.

 

“This compromise legislation makes critical investments to ease the financial burden facing individuals and families, puts money back in taxpayers’ pockets and helps prepare our economic landscape for new challenges,” said Senate President Karen E. Spilka (D-Ashland). “I am proud of the significant investments made to assist residents with rising utility costs, boost affordable housing production, support our health care system, keep our climate goals on track and stabilize the early education and childcare sectors. We also take meaningful steps to ensure a record $3 billion in tax relief payments for taxpayers, the most ever in state history, is paid for. I am grateful to House Speaker Mariano, Chairs Rodrigues, Michlewitz, Lesser and Cusack, their staffs and my colleagues in Senate and House for their work on this legislation. I look forward to seeing it quickly signed into law.”

 

“As Massachusetts continues to experience rising prices and financial uncertainty, I’m proud of the action taken by the Legislature today that will help to ease the financial hardship plaguing the Commonwealth’s economy,” said House Speaker Ronald J. Mariano (D-Quincy). “From vital investments that will provide relief for rising energy costs and boost housing production, to critical support for hospitals and the MBTA, this package allocates significant funding where it is needed most, while promoting economic growth through support for our small businesses and investments in our communities. I want to thank Chairman Michlewitz and members of the conference committee, as well as Senate President Spilka and our partners in the Senate for the hard work required to get this done.”

 

“The agreement reached by the Senate and House conferees and passed by the Legislature today is a comprehensive relief package that supports our state’s long-term economic health and responsibly closes the books on fiscal year 2022, while positioning us to meet new challenges facing our Commonwealth’s economy,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “Thank you to Senate President Spilka for her steadfast leadership and support, Senators Lesser and O’Connor for their contributions as my fellow conferees, Chair Michlewitz and the House conferees for their partnership, and to my colleagues in the Senate for their input that helped us to finally getting this bill across the finish line. Because of the advocacy of each Senator, this conference committee report reflects our commitment to provide much-needed breathing room for families and individuals facing rising costs and facing the pinch of inflation, while making targeted investments to stimulate sectors of our economy during this uncertain time.”

 

“This well-rounded spending package makes significant, targeted investments into major sectors of the Commonwealth’s economy. Whether it is supporting our distressed hospitals, boosting housing production across the state, providing immediate fiscal relief to the MBTA, or offering much needed fuel assistance to those who need it most, this legislation will help a wide variety of residents and industries across the Commonwealth and make us more competitive with other states” said Representative Aaron Michlewitz, Chair of the House Committee on Ways & Means (D-Boston). “I want to thank my colleagues in the Legislature for their hard work and dedication to getting the final version of this legislation over the finish line.”

 

“Today we put forward a final economic development and tax relief package that will address many of the pressing concerns families face in Massachusetts and empower the modern worker,” said Senator Eric P. Lesser, Senate Chair of the Joint Committee on Economic Development and Emerging Technologies. “With each passing year, it is getting harder and harder to plant down roots in our state with skyrocketing housing costs, rising inflation, and an economy that is increasingly dependent on innovation and new technology. This legislation helps us meet that moment and empower the worker of the future with significant investments in housing, job training, downtown revitalization, and climate resiliency. I am grateful to my colleagues for working together to craft a final bill that will alleviate those stresses for residents and encourage our Commonwealth to think big about our future.

 

“The Economic Development legislation will provide needed resources in a myriad of policy areas across the Commonwealth,” said Rep. Mark J. Cusack, House Chairman of the Joint Committee on Revenue. “These are much-needed funds and investments that will keep Massachusetts with a solid economic foundation. We know people and businesses are still hurting from the pandemic and we take seriously our obligation to improve our collective quality of life, particularly right now.”

 

In addition to $3.76 billion in direct investments, this compromise legislation ensures that the Commonwealth responsibly pays for the historic $3 billion one-time tax relief that will be returned to an estimated three million taxpayers over the coming weeks. Combined, this $6.76 billion in tax relief and direct investments will provide much-needed breathing room for families, small businesses and individuals feeling the pinch of inflation. Notably, the bill closes the books on Fiscal Year 2022 and dedicates $500 million in federal American Rescue Plan Act (ARPA), leaving a balance of $1.74 billion in federal resources for future use.

Appropriations

Over $1.4 billion invested to support health and human services programs, including:

• $350 million for hospitals that have become fiscally strained during the pandemic

• $225 million for rate increases for human service workers and providers

• $200 million for COVID-19 response efforts

• $195 million for nursing facilities and rest homes

• $80 million for Community Health Centers

• $20 million to reduce gun violence and related trauma throughout the Commonwealth, including:

• $3 million for a grant program to support school safety infrastructure improvements

• $2 million to provide behavioral health-related supports and resources in schools to reduce instances of gun violence

• $20 million to bridge impending federal cuts to Victims of Crime Act (VOCA) programs and maintain critical victim service programs

• $17.5 million for reproductive and family planning services

• $14 million for facilities that treat individuals with an alcohol or substance use disorder in the Commonwealth

• $5 million to support harm reduction efforts and services to address substance use disorder in the Commonwealth

• $2.5 million for grants to support the nursing workforce talent pipeline

$540 million invested to support clean energy and climate resiliency initiatives, including:

• $250 million to accelerate and support clean energy initiatives, including:

• $100 million to promote and accelerate the adoption of electric vehicles, through the MOR- EV program as well as supports for the expansion of electric vehicle charging infrastructure

• $100 million for ports and port infrastructure to support the clean energy economy

• $50 million for the Massachusetts Clean Energy Center to accelerate the transition to and expansion of renewable energy

$175 million for the conservation and improvement of publicly owned lands and investments in green spaces, with an emphasis on investments in environmental justice communities

• $115 million for the Massachusetts Clean Water Trust, including:

• $15 million for planning and implementing water pollution abatement project in watersheds designated as nitrogen sensitive areas

$409.5 million invested to support affordable housing, including:

• $304.5 million to support and boost housing production, including:

• $100 million for the Commonwealth Builder Program to support the production of for-sale, below market housing to expand homeownership opportunities for first-time homebuyers and socially disadvantaged individuals in communities disproportionately impacted by the 2019 novel coronavirus pandemic

• $100 million for the Affordable Housing Trust Fund established to support the creation and preservation of affordable housing

• $100 million to support the production of workforce housing

• $50 million for the Equitable Developers Financing Program to support the development of new housing in certain underserved communities

• $25 million for regional low-threshold housing to support individuals experiencing homelessness or housing instability and who struggle with substance use disorder

• $20 million for housing options and additional support services and resources to address the needs of immigrants and refugees

• $10 million for public housing redevelopment

Over $500 million invested to support early education, economic development, workforce development and community support initiatives, including:

• $153 million for small businesses grant relief, including $45M for minority, women, and veteran owned businesses.

• $150 million for early education and care providers through the continuation of the Commonwealth Cares for our Children (C3) stabilization grant program, including $60 million for subsidized providers.

• $112 million to support the MBTA’s ongoing efforts to address the Federal Transportation Administration’s staffing and safety directives

• $100 million for the state’s Unemployment Insurance Trust fund to offset estimated overpayments made during the course of the pandemic

• $75 million for investments in broadband infrastructure and access across the commonwealth

• $57 million for the Low-Income Home Energy Assistance Program (LIHEAP), ensuring relief to families facing rising energy costs.

• $50 million to promote the attainment of debt-free higher education for students pursuing careers in high-demand industries, such as health care, education, and cybersecurity

• $25 million for food security infrastructure grants

• $12 million to support the agricultural and blue economy sectors

• $2.5 million for computer science teacher development 

The bill now goes to the Governor for further consideration.

MA Legislature Enacts Sweeping Economic Development Bill

Boston Globe coverage of the legislation -> (subscription maybe required) https://www.bostonglobe.com/2022/11/03/metro/legislature-sends-38-billion-spending-bill-baker-heres-what-is-isnt-included/

MA Senate Passes Legislation to Help People with Disabilities Live Independently, now sent to MA House for their review

The Massachusetts State Senate on Thursday passed two bills to help people with disabilities live independently in Massachusetts. First, An Act expanding wheelchair warranty protections for consumers with disabilities takes steps to ensure that people with physical disabilities who rely on wheelchairs are not stranded for long time periods in the event of the breakdown of an in-warranty wheelchair. Second, An Act relative to supported decision-making for agreements for certain adults with disabilities recognizes supported decision-making as an alternative to guardianship, allowing certain people with disabilities to retain greater decision-making power over their lives.

Having passed the Senate, the bills now go to the House of Representatives for consideration.

"I have fought my entire career to make Massachusetts a more inclusive place for people of all abilities to live, work, and play," said Senate President Karen E. Spilka (D-Ashland). "It is especially fitting that the Senate has passed these bills on the same day that we adjourn in memory of Paul Spooner, a committed and tireless disability rights and inclusion activist working in MetroWest and a dear friend of mine. By helping us move closer to our goal of ensuring that all people have opportunities to live independently, we honor Paul's legacy and make the Massachusetts a more compassionate and accessible Commonwealth. I want to thank the many Senators who worked to ensure the passage of these bills, including Senators Rodrigues, Lovely, Cronin, Moran, and Gomez."

"The passages of these bills today speak volumes of the Senate's long and unwavering commitment to making life better for people with disabilities," said Senator Michael J. Rodrigues (D-Westport), chair of the Senate Committee on Ways and Means. "Thank you to Senate President Spilka for her steadfast leadership for putting the issues of accessibility and inclusion front and center, ensuring we do what's right for our people, and thank you to Senators Lovely, Cronin, and Moran for your leadership on these critically important bills. Because of our collection today to support wheelchair users and recognize supported decision-making agreements, we have made our Commonwealth stronger and more inclusive."

Expanding Wheelchair Warranties

Wheelchair repair poses substantial problems for people with physical disabilities in Massachusetts. In the event of a wheelchair breaking or otherwise failing to function, it is not uncommon for those who use wheelchair to need to wait for weeks for repairs, including for wheelchairs under warranty. This leaves these individuals stranded at home and unable to go to work, school, medical appointments, grocery shopping, or elsewhere. This creates a crisis for individuals and families and often exacerbates other health conditions. Existing state law does not set any timeline for assessing repairs or require dealers to offer wheelchairs on loan within a fixed time period.

Legislation passed by the Senate today addresses these problems by strengthening consumer protections for those who use wheelchairs. The legislation requires that wheelchair manufacturers, lessors and dealers provide consumers with written notification of the warranty for their wheelchairs, and increases the minimum duration for an express warranty on wheelchairs to two years. If an in-warranty wheelchair stops functioning, the bill requires that manufacturers, lessors, and dealers assess the wheelchair within three days, provide a temporary wheelchair on loan within four days, and cover collateral costs to the user.

"I am so grateful to Senate President Spilka for her commitment to expand consumer protections to support the independence and dignity of our disability community. This bill's passage is an important step forward to protect wheelchair users and their families,"" said Senator John J. Cronin (D-Lunenberg), chair of the Joint Committee on Municipalities and Regional Government. "The bill implements critical protections in the law to prevent wheelchair users from being stranded in their homes for prolonged periods when their wheelchair or mobility device becomes inoperable."

To enforce these new requirements, the bill authorizes the state attorney general and consumers to commence legal actions against any violation of provisions protecting wheelchair users from unfair and deceptive business practices relating to warranty-fulfillment.

Independent living through supported decision-making agreements

Supported decision-making is an alternative to guardianship for individuals with an intellectual or development disability, dementia, or mental health diagnosis. Unlike in traditional guardianship, where a guardian makes medical, financial, or other life decisions for a person with disabilities, supported decision-making allows an individual with a disability to make his or her own decisions with the support of a designated person or team of trusted supporters. In such an agreement, 'supporters' assist in communicating and understanding decisions but cannot override an individuals' own choices.

"I am incredibly proud that this life-changing legislation has advanced through the Senate," said Senator Joanne B. Lovely (D-Salem), chair of the Senate Committee on Rules. "Supported decision-making agreements maximize the dignity, freedom, and independence of persons with disabilities and provide a proven, cost-effective, and less restrictive alternative to guardianship. Thank you, President Spilka, Chair Rodrigues, and the many advocates who worked tirelessly to move this bill forward. Everyone should have the opportunity to be the decision-maker of their own lives, and this legislation will empower many for whom that was not previously possible."

"People with disabilities deserve the freedom to maintain their independence and dignity," said Senator Susan L. Moran (D-Falmouth), chair of the Joint Committee on Consumer Protection and Professional Licensure. "I'm proud to vote for this bill to enable supported decision making for people with disabilities, and take another strong step in supporting residents with disabilities in the Commonwealth."

"I have had the opportunity, as the Senate Chair of Children, Families and Persons with Disabilities to meet with many individuals across our state who are both strong advocates for supported decision-making and could greatly benefit from this bill," said Senator Adam Gomez (D-Springfield), Chair of the Senate Committee on Children, Families and Persons with Disabilities. "Supported decision-making is a no brainer that allows individuals, including those with disabilities and elders, to maintain their rights and independence, allowing them to choose one or more trusted advisors to provide assistance in making decisions about their lives. I am thrilled that this legislation is moving forward and I know it will change many lives."

The legislation passed by the Senate today legally recognizes supported decision-making agreements, acknowledges them as a viable alternative to guardianship for some individuals, and establishes guardrails to ensure that these agreements keep an individuals' best interests at heart. In cases where there is evidence of undue influence or coercion, the law renders such decision-making agreements invalid. The legislation permits members of the public, and requires mandated reporters, to petition the Probate and Family court to revoke or suspend a supported decision-making agreement in cases where there is suspicion of abuse, neglect or exploitation.

Under the bill, the Executive Office of Health and Human Services will create training on supported decision-making, and the Department of Elementary and Secondary Education will assist in informing students and their families or guardians about supported decision-making as needed.

An Act expanding wheelchair warranty protections for consumers with disabilities

https://malegislature.gov/Bills/192/S3136

An Act relative to supported decision-making for agreements for certain adults with disabilities

https://malegislature.gov/Bills/192/S3132

Senate Passes Legislation to Help People with Disabilities Live Independently

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

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.

YouTube link -> https://youtu.be/vihstS9bsIA

"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."

Rausch vs. Dooley: A conversation with the candidates

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

https://commonwealthmagazine.org/courts/heres-what-passed-in-marathon-all-night-legislative-session/

 

You can check What's on the Governor's Desk at this page ->

https://www.mass.gov/service-details/on-the-governors-desk

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

https://www.bostonglobe.com/2022/07/31/metro/billions-tax-relief-sports-betting-gun-control-its-all-line-final-hours-mass-legislative-session/

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"

https://www.politico.com/massachusettsplaybook

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

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 Industry

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

https://commonwealthmagazine.org/energy/baker-in-take-it-or-leave-it-position-on-climate-bill/

 

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