Executive Summary (Part 2) for the FY 2025 Town of Franklin Budget

Continuing to share Town administrator Jamie Hellen's Executive Summary for the FY 2025 budget. The first part is here ->   https://www.franklinmatters.org/2024/04/executive-summary-part-1-for-fy-2025.html

Link to the full summary and budget doc -> https://www.franklinma.gov/sites/g/files/vyhlif10036/f/uploads/fy_25_budget_message_narrative_updated_links_2.pdf

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Expenditures Highlights

● The Franklin Public School District will see an increase in their budget of $3,000,000 over FY24, which is a 4.2% increase and tied for the largest single year increase the Schools have ever received. Further analysis is in the Future Trends section below.

● The budget includes a 2.5% Cost of Living Adjustment (COLA) for all municipal personnel, including collective bargaining agreement commitments, which amounts to $625,000. School salaries are located in the school budget.

● Municipal employee pension costs will absorb almost $388,320 in new revenue for municipal departments and some non-teacher school employees.

● What is NOT in the budget compared to the Preliminary Budget Model presented on March 6th, 2024:

○ $378,000 in additional DPW expenses;

○ $85,000 (plus benefits) in the Facilities Budget for a Sustainability Coordinator;

○ $200,000 in additional Public Property and Buildings expenses (School related);

○ $2,000 in additional Town Council expenses;

○ $5,000 in additional Cultural Council grant money;

○ $5,000 in additional Historical Museum expenses; and

○ $6.3 million for Franklin Public Schools Level Service plus Restoration of cuts.

● What is NOT in the budget with regard to long-term planning:

○ Additional resources toward Debt & Interest. In 2026, we anticipate borrowing for a Remington-Jefferson remodel and the Horace Mann Roof replacement;

○ Additional public infrastructure costs for roads, sidewalks, parking lots, trails, crosswalks, tree trimming to prevent power outages, bike lanes, traffic calming to slow people down; pedestrian crosswalks and other public works improvements;

○ $2 million in annual capital needs transferred to the operating budget - costs for Police and Fire safety gear, school curriculum, school and town technology, school and town fleet, and DPW apparatus.

○ Funds to address an increasing demand and reliance on Technology, mostly in our Schools.

○ Additional staffing investments for green and sustainability goals, open space planning, conservation efforts, and net zero initiatives.

○ Funding for Municipal Capital Projects: Police Station, Beaver Street Recycling Facility and other community requests, such as an Arts Center.

○ An additional $4.3 million for level service for Schools or $6.3 million to restore some previous cuts in 2023-24 to the Schools;

○ Additional Strategic investments toward Franklin Public Schools, such as foreign language, capital, facilities, clubs, academies, and arts related curriculum; and

○ Assumptions related to collective bargaining negotiations for the Town's unions, as these contracts expire at the end of FY25. CBA’s will be for FY26, FY27 and FY28.

 

Future Trends

The constant pressure on local government to fund all of the work that needs to get done is becoming unsustainable. The Massachusetts Municipal Association continues to advocate for greater investment in infrastructure from the state and to relieve the many unfunded mandates the state is placing on local governments. Municipal and School departments work hard managing their budgets, investing in value added services and adapting to citizen feedback and a changing world. Moving into FY25 and the following fiscal years, we see a handful of issues that need to be monitored, most notably cost increases to residents in the form of stormwater utility rates, sewer rates and other major capital investments in town.

1. Affordability for all residents. Residents have seen costs increase across all aspects of their lives. As outlined at the March 6, 2024 Joint Budget Subcommittee meeting, as leaders in the community we have to be conscious of the effects the costs of doing business have on our residents. In addition to the likelihood of an override ballot question for a new Franklin Police Station, residents will also see an increase in the following areas:

○ Sewer Rates. Effective July 1, 2024, there will be a 15% increase in sewer rates. We are required to raise rates to create surety behind the loan for the Beaver Street Interceptor. The interceptor was first built and paid for 109 years ago and lasted for generations. The time has come for the residents of Franklin today to pay for a new interceptor and pay the debt for current and future generations of Franklinites.

○ Stormwater. FY24 represents year one of the Stormwater Utility to address the federal unfunded EPA mandates. As each year progresses, the permit becomes shockingly more expensive. A rate increase will be required to stay up-to-date with the permit. We estimate a minor increase of about $1.50 per billing unit, which is on average $10-$20 a year for most households. This rate increase will ensure solvency of the stormwater utility budget. However, in the next few years, a much more detailed public discussion must take place on the expense associated with the Town’s Phosphorus Control Plan, which is estimated to cost $30 million over five years. Addressing this issue is not optional, as these are unfunded federal mandates. The town has already sued the federal government over this issue.

○ Water Rates. Residents can also expect to see an 8% water rate increase in each of the next three years. Two major federal and state regulatory required projects are expected to come online in the form of a $25 million water filtration project (water tank membrane to protect from manganese and iron) and the first of the Polyfluorinated Substances (PFAS) required projects - a $6.5 million PFAS Filtration Plant (with a zero % interest loan from the state). Rate payers will see an approximate $50 increase per year over the next three years.

○ The Tri-County School Project. In November 2023, 61% of residents that participated in the election voted in affirmative to raise property taxes through a debt exclusion to pay for Franklin’s anticipated $2.1 million per year assessment. Congratulations to the Tri-County School community for their campaign to build a new facility and successfully navigate the MSBA process. Approximately ⅓ of the project is paid for by the state. The tax impact for this project will begin in FY25 and is reflected in the debt exclusion budget model and expenditure line item with an increase of $132,298. The tax rate will be adjusted later this year to reflect the increase in levy for Franklin's portion. This project is budget neutral. At full maturity in FY27, an average ($650,377) Franklin household will have taxes raised by $169/year to pay for this. That rate will decline over the life of the project.

While I am sure these messages of rate increases are hard to handle, residents must also realize every city and town in Massachusetts is going through similar situations managing severe cost drivers related to public infrastructure. We are fortunate to have ample and clean resources, we do pay for it in Massachusetts.

2. The Franklin Public Schools have informed us that in order to maintain “level” or “status quo” services from the current year to FY25, a budget increase of $7.3 million, or 10.13% is required. A level services budget plus restoration of FY24 cuts yields an increase of $9.3 million, or 12.92% Please review the Budget Update from the School Committee meeting on February 13, 2024 for additional information. Below are some additional informational points that relate to the fiscal challenges of the public schools:

● The state’s Chapter 70 Formula is not in the Towns’ favor and will continue to be a pressure point, especially if the Legislature is forced to alter the formula due to the Town’s increasing “Hold Harmless” situation.

● Significant fixed costs and capital costs to technology, facilities, and fleet will compete with operating costs to education and classrooms. These costs are not a part of the preliminary budget model, but still need funding sources.

● Collective bargaining looms in FY26 with Franklin Education Association (FEA) and other unions. Labor and personnel costs have risen significantly for the schools, but this is also a trend affecting all municipalities statewide.

● Unsustainable special education cost increases, which put pressure on all aspects of the school budget.

● Central office staffing capacity in Administration, Finance and Human Resources and technology investments.

● School Revolving Funds solvency at the end of FY24 heading into FY25 and having some respectable reserves.

● Town and School federal ARPA and ESSR money expires at the end of this calendar year.

● Continued declining enrollment. In 2008, the school district enrollment was 6,464. The most recent enrollment for the 2023-2024 school year is 4,721 (as of Feb 2024). The school district is losing 100-150 students a year in district enrollment and this trend is expected throughout most of the rest of the decade. In 2022, the School Committee hosted a redistricting exercise and looked at future enrollment projections and facilities needs, but that resulted in no action. They have reenaged McKibben Consulting to relook at the district demographics; however even the assumptions used in that study does not not offer a clear picture. Town staff have worked closely with the Schools to ensure the correct development and growth assumptions are made in any final study that may shape redistricting and the better use of town and school facility space. The objective is to streamline operations and maximize space to alleviate increasing fixed costs.

● It is also important to note that portions of the municipal budget are made up of school related costs in the amount of approximately $20 million when fully funded (Note: It is important to note that figure is based on conservative assumptions. This figure could be much higher). Both the Facilities Department and the DPW have seen consistent increases to their budgets specific to school related costs. While these costs continue to increase, it is important to note that their budgets have not been fully restored to pre pandemic levels for school or municipal costs. The “Municipal” budget pays for all school building debt & interest, property and casualty insurance, worker’s compensation, snow removal, non-teacher pension costs, grounds & building maintenance, utilities, OPEB costs, fuel for the school van fleet, unemployment insurance, retired teacher health and life insurance, some staff, and much more.

3. Budget capacity to fund future projects. The Debt and Interest budget remains one of our most pressing budgetary concerns. At 1.59% of recurring general fund revenues, this slice of the budget is far below town goals and has been trending in the wrong direction for years, due to previous borrowing costs coming off the schedule and high interest rates to quell inflation. It should increase through the rest of the decade to maintain our Public Schools and Town facilities. Other scheduled capital facilities or infrastructure projects that would be paid for in these budget line items over the next five years are the Remington-Jefferson rehabilitation, the High School ten-year update, Washington Street to Grove Street sidewalk, Beaver Street Recycling Center and Solid Waste Master Plan, and the Police Station. If the town borrows to do any of these projects in the future, debt and interest will rise and leave fewer dollars available for other areas of the budget.

4. Sustainability. Also looming around the corner for FY26 is a new round of collective bargaining negotiations for the Town's unions - teachers, police patrol, police sergeants, fire, public works, police sergeants, custodians, maintenance/trades, and librarians - as these contracts expire at the end of FY25. If we are to avoid sizable layoffs and/or cuts to all town services this fiscal year, and certainly in FY26 and beyond, the community must recognize that we are all in this together. It is imperative that residents take the time to learn and understand the budgeting pressures on both the schools and the municipality at large, and how these cost pressures counterbalance affordability to all citizens, businesses, and stakeholders in the Town of Franklin. We hope to avoid an “Us v. Them” debate. As we have suggested for many years, the Joint Budget Subcommittee may want to endorse a Cost-of-Living Adjustment (COLA) Equity Goal to avoid deepening budget deficits in future fiscal years. Otherwise, an escalation of budget increases in personnel and labor will most certainly result in unsustainable costs to the town, including the schools. This issue does not even include a calculation that additional staff investments may be needed for school and municipal services based on what the community desires. The town will be in a painful position of extensive layoffs or service reductions if we do not (1) start to manage expectations on the capacity of the town’s service limits and (2) start to coordinate and better strategically plan town and school operating budget finances.

For the full FY 2025 budget and narrative sections ->

https://www.franklinma.gov/sites/g/files/vyhlif10036/f/uploads/fy_25_budget_message_narrative_updated_links_2.pdf

All the FY 2025 budget materials can be found -> 

https://www.franklinma.gov/town-budget/webforms/fy-25-budget-materials

Executive Summary (Part 2) for the FY 2025 Town of Franklin Budget

5th Annual Legislative Forum scheduled - Monday, April 10, 2023

You're invited to join us for our 5th Annual Legislative Forum on Monday, April 10 at 6:30 PM in the Franklin High School Lecture Hall and via Zoom.

Our state legislators will be updating the Franklin community on important issues specifically related to education. Topics will include:

• The growing need for school-provided social services
• FY24 State budget
• The Student Opportunity Act
• Unfunded and underfunded state and federal education mandates
• Educator wellness and workforce elasticity amid the national teacher shortage
• Special Education funding

An opportunity for Q & A will be available for participants. We hope you will join us. 

For remote participation info ->   https://www.franklinps.net/sites/g/files/vyhlif4431/f/agendas/legislative_forum_4_10_23.pdf

or visit the event page -> https://www.franklinps.net/district/events/93796

5th Annual Legislative Forum scheduled - Monday, April 10, 2023

Dan Rather: Dear Teachers

You nurture the flames of democracy  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

	Open in browser Dear Teachers You nurture the flames of democracy Dan Rather and Elliot Kirschner Aug 28 One of the great sadnesses of our current age is how politics has polluted so much of our public discourse and spread into realms that once seemed free of partisanship. That this occurs at a time when much of the Republican Party has adopted the posture of a bully and is gripped by extremist ideology and attacks on truth and justice makes it all the more dangerous and dispiriting.  Perhaps nowhere is this more true than in the battlegrounds that our schools have become. We are living in an age when the number of books being banned is on the rise and the willingness to confront America's complicated history is on the decline. We see intolerance worn as a badge of toughness, while inclusion, the great promise of what public education can be, is treated as weakness. We see a concerted effort to take over school boards, especially in deeply conservative areas, with true believers in the culture wars eager to inflict their small-mindedness, bias, and mean-spirited ideology on shaping how young minds are taught.  Teaching, already an underappreciated profession in this country, is becoming an even less appealing line of work. We have educators who have spent decades in the classroom now forced to look over their shoulders, wondering whether the books on their shelves or their carefully honed lesson plans will run afoul of the new draconian mandates. And we have young idealists with freshly minted teaching certificates wondering whether they can impart their excitement and new ideas into the students before them.  Some of these concerns are not new. When I was a student, for example, racial injustice in the form of legally segregated schools was a hallmark of public education. Schools have always been shaped by the larger societal forces that whip around them. Public education is, after all, about molding the minds and the mores of future citizens. Few institutions have more power in determining what this country will become than our schools.  But there have been decades of progress on what and how our children are taught, and today that wave of advancement is retreating in many parts of America. Sadly, there are so many examples of far-right ideology shaping curricula, on issues ranging from race to LGBTQ rights to science, that to call them all out individually is an impossible task. This is a broad movement not confined by school or district; much of the effort is being directed at the state level.  Republican politicians have learned that they can rally their base through bad-faith misrepresentations of school culture, which they depict as out of control with so-called "woke" ideology (which we wrote about in Steady here) and the bogeyman of "critical race theory," which they totally mischaracterize — and which is taught in almost none of the schools where they have made it an issue. Nearly every parent wants good schools for their children, and Republicans are playing to fears they have carefully fanned to lure in voters even beyond their base. This was notably true in the last gubernatorial election in Virginia. Meanwhile, Florida Gov. Ron DeSantis has cultivated his political reputation (and a likely presidential run) by attacking professional educators — and indeed the very idea that schools should be welcoming, tolerant learning environments. The elections that lie ahead — not only the big, marquee ones, but more importantly, those for school boards and other local offices — will do a lot to shape what will happen in our schools in the years to come. But there is another force that is even more powerful, and as we mark the beginning of a new school year, let us recognize it: teachers.  While we should grapple with the political context laid out above, let us shift the tone of this piece now to one of celebration. Writing about teachers, singing their praises, honoring them as American heroes has long been one of my favorite activities. It never gets old, and it never gets less important.  I would like to use whatever platform I have to shine a spotlight of deep respect on these invaluable public servants. And I am pleased that if you search for quotes from me online, one of the most popular is this: "The dream begins with a teacher who believes in you, who tugs and pushes and leads you to the next plateau, sometimes poking you with a sharp stick called 'truth.'" I believe every word of it. These aren't empty sentiments. They come from my lived history. A while back here on Steady, I shared my own experiences as a student of public schools, including an emotional return to my elementary school in Houston.  For all the challenges our schools face, right now millions of children are learning about the world and themselves thanks to dedicated teachers. Teachers are going the extra mile, reaching out to kids in need, tweaking lesson plans to include new insights, passing their own inspirations to the young people before them.  The work is not easy — far from it. And it can be an incredible grind, especially when it seems that society doesn't value it or is even outright hostile to teachers. With this as a backdrop, it is understandable that many are choosing to leave the profession. This is not a reflection on them, but rather on the nation that is allowing it to happen.  Teachers, you are our inspiration and our hope. You nurture the flames of our democracy. You literally save lives. You work miracles every day. Your resourcefulness, resilience, and creativity are boundless. We saw it during the heart of the pandemic. And we see it now. It is all the more reason you should not be taken for granted.  Dear readers, how many of you can close your eyes and be transported to a classroom from your past? Do you see a favorite teacher? Hear that word of encouragement or hard truth that shaped the course of your life? Teachers are the winds that propel our children's sails forward. They are the North Stars that help guide us all.  I apologize if this reads as a bit trite. I can imagine red ink on the page from some of my previous English teachers marking my excesses. Sadly, those teachers are all now long gone. But in me, as in my classmates, as in all of you, the work of our teachers lives on.  We cannot thank our teachers enough. Each day the gifts they have given us are renewed. We should do everything we can to protect them and value them. A lot of this work must be done at the ballot box, but it can also be accomplished through words of encouragement and support.  To all the teachers out there: thank you. Note: If you are not already a subscriber to our Steady newsletter, please consider doing so. And we always appreciate you sharing our content with others and leaving your thoughts in the comments. Subscribed Leave a comment Share Thanks for subscribing to Steady. This post is public, so please feel free to share it. © 2022 Dan Rather 548 Market Street PMB 72296, San Francisco, CA 94104

Governor Baker Signs Legislature’s Expansive Mental Health Bill

Law will further equitable access to mental health care for residents

Today (08/16/2022), legislative leaders and advocates joined Governor Baker for the ceremonial bill signing of the Mental Health ABC Act: Addressing Barriers to Care, 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 Governor officially signed this legislation into law on August 10, 2022.

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 legislation includes 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 I am thrilled to see comprehensive mental and behavioral health care reform signed into law. I'd like to thank my colleagues in the Senate—especially Senators Cyr and Friedman—Speaker Mariano and our partners in the House, and Governor Baker, as well as the countless individuals, families, advocates, providers and others who have stood up for the 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."

"Simply put, this legislation will move us closer to treating mental and physical health equally, as it builds upon our long-standing efforts to improve our behavioral health care delivery system," said House Speaker Ronald J. Mariano (D-Quincy). "I'm incredibly proud of the fact that this legislation will help to address the behavioral health crisis that so many of our residents are currently experiencing, especially young people. I want to thank my colleagues in the House, Senate President Spilka and our partners in the Senate, and Governor Baker for prioritizing increased support for the Commonwealth's mental health infrastructure."

"Today's ceremonial bill signing signifies a vital stride 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 signing the Mental Health ABC Act into law, we codify and 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 law confronts this reality with the most comprehensive mental health care action 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 is 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 are features of The Mental Health ABC Act:

• Guaranteeing Annual Mental Health Wellness Exams. This law mandates insurance coverage for an annual mental health wellness exam, comparable to an annual physical. 
• Enforcing Mental Health Parity Laws. This law provides the state with better tools to implement and enforce parity laws by creating a clear structure for state agencies to receive and investigate parity complaints and ensure their timely resolution.
• Initiatives to Address Emergency Department Boarding. This law creates 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; requires 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; requires the Center for Health Information and Analysis (CHIA) to report on behavioral health needs; updates the expedited psychiatric inpatient admissions (EPIA) protocol and creates an expedited evaluation and stabilization process for patients under 18.
• 988 Implementation and 911 Expansion. This law increases access to on-demand behavioral health care through the implementation of the nationwide 988 hotline that will provide 24/7 suicide prevention and behavioral health crisis services and expands 911 to bridge the gap until 988 is implemented.
• Red Flag Laws and Extreme Risk Protection Orders. This law initiates a public awareness campaign on 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. The law requires an equitable rate floor for evaluation and management services that is consistent with primary care. 
• Reforming Medical Necessity and Prior Authorization Requirements. This law mandates coverage and eliminates prior authorization for mental health acute treatment and stabilization services for adults and children and ensures that if a health insurance company intends to change its medical necessity guidelines, the new guidelines must be easily accessible by consumers on the health insurance company's website. 
• Creating a Standard Release Form. This law 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. The law requires health insurance companies to cover Emergency Service Programs (ESPs), community-based and recovery-oriented programs that provide behavioral health crisis assessment, intervention, and stabilization services for people with behavioral health needs. 
• Expanding Access to the Evidence-Based Collaborative Care Model. The law expands 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. The law directs the Health Policy Commission (HPC), in consultation with the Division of Insurance (DOI), to study and provide updated data on the use of contracted behavioral health benefit managers by insurance carriers, often referred to as 'carve-outs.'
• Tracking and Analyzing Behavioral Health Expenditures. The law directs the Center for Health Information and Analysis (CHIA) to define and collect data on the delivery of behavioral health services to establish a baseline of current spending and directs the Health Policy Commission (HPC) to begin tracking behavioral health care expenditures as part of its annual cost trends hearings. 
• Establishing an Office of Behavioral Health Promotion. The law 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. 
• Increasing Access to Care in Geographically Isolated Areas. This law 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 law enhances school-based behavioral health supports, increases access points for effective behavioral health treatment by limiting the use of suspension and expulsion in all licensed early education and care programs and public schools, and creates a statewide technical assistance program to help schools implement school-based behavioral health services.
• Increasing Access Points for Youth for Effective Behavioral Health Treatment. The law requires behavioral health assessments and referrals for children entering the foster care system and establishes an interagency review team to ensure young people with complex behavioral health needs are assisted quickly and with cross-agency support and coordination.
• Expanding Insurance Coverage for Vulnerable Populations. This law ensures 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 law creates an interim licensure level for Licensed Mental Health Counselors (LMHCs) so that they can be reimbursed by insurance for their services while obtaining supervised practice hours towards full licensure and be eligible for state and federal grant and loan forgiveness programs.
• Expanding Mental Health Billing. This law allows clinicians practicing under the supervision of a licensed professional and working towards independent licensure to practice in a clinic setting.
• Updating the Board of Registration of Social Workers. The law 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. 

"During a national mental health emergency, Massachusetts leaders in the Legislature, Administration, and healthcare community joined to craft, pass, and sign landmark legislation to address equitable access to behavioral health care in the Commonwealth," said Danna Mauch, President and CEO of the Massachusetts Association for Mental Health (MAMH). "MAMH applauds the pacesetting institution of universal payor participation in and coverage for annual mental wellness exams, 24/7 telephonic behavioral health help line, comprehensive crisis services, behavioral health urgent care, and collaborative care as part of roadmap for reform."

"The passage of An Act addressing barriers to care for mental health signals the Commonwealth's ongoing commitment to improving mental health care access and quality for Massachusetts residents," said Lydia Conley, President/CEO of the Association for Behavioral Healthcare (ABH). "This landmark law will help individuals experiencing a mental health crisis, reduce emergency eepartment boarding, and ensure that parity laws are followed and enforced. ABH is grateful for the continued leadership of the Senate, House, and Governor in driving forward important reforms with the urgency these issues demand." 

"The collaboration between the Administration and the Legislature to pass the 2022 Mental Health law has been extraordinary," said Mary McGeown, Executive Director of the Massachusetts Society for the Prevention of Cruelty to Children (MSPCC). "This landmark law creates vital tools and strategies to help families, schools and communities respond to the current child mental health crisis and to address long standing gaps in access to care. As part of the leadership team of the Children's Mental Health Campaign, we are thrilled to see these meaningful reforms signed into law today." 

"On behalf of the National Association of Social Workers - MA Chapter, we are thrilled this landmark mental health legislation has been signed into law," said Rebekah Gewirtz, Executive Director of NASW-MA. "We are especially encouraged that the new interagency health equity team will work to support a more diverse behavioral health workforce that represents communities served and that will better ensure culturally competent care. Passage of this law will go a long way to improving the quality of life for all Massachusetts residents at a time of such acute and pressing need for critical behavioral healthcare services." 

"This is a groundbreaking day for mental healthcare in the Commonwealth," said Steve Walsh, President and CEO of the Massachusetts Health and Hospital Association. "Our hospitals and health systems applaud leaders in the Senate, House, and Baker Administration for making it possible. This law is grounded in systemic changes to guarantee long-promised parity, bolster the behavioral health workforce and—perhaps most critically—better address the mental health needs of children. Behavioral health has been a top priority of every healthcare organization in Massachusetts since before the pandemic began, and they remain deeply committed to ensuring that every community member has access to the resources and care they need." 

"Access to quality mental health care has never been more important," said Dr. Sandhya Roa, Chief Medical Officer of Blue Cross Blue Shield of Massachusetts. "This legislation is the culmination of years of work by policymakers and stakeholders to reform the mental health delivery system across the Commonwealth. Blue Cross Blue Shield of Massachusetts applauds this thoughtful, evidence-based approach to increasing capacity, improving integration with physical care, and making targeted investments to better serve our residents." 

"MAHP applauds the House and Senate for their collaboration and leadership in seeking to improve access to behavioral health care services and treatment. We thank bill sponsor Senate President Spilka for her dedication and leadership," said a statement from the Massachusetts Association of Health Plans (MAHP). "MAHP and our member health plans are pleased to see that the mental health ABC legislation includes important policy solutions to reduce emergency department boarding of patients seeking mental health and substance use disorder services, including codifying the expedited psychiatric inpatient admission process, and ensuring patients have timely access to the behavioral health care they need in the emergency department while in crisis. Our health plans are committed to providing high quality and comprehensive behavioral health benefits, in compliance with state and federal mental health parity laws. We look forward to working with the legislature next session to ensure that the entire health care system treats physical and behavioral health the same." 

"On behalf of our patients, the physicians of the Massachusetts Medical Society extend our gratitude to Governor Baker, and we thank Senator Cyr and our legislators for their leadership in recognizing the importance and urgency surrounding this bill," said Dr. Theodore Calianos, President of the Massachusetts Medical Society. "The COVID-19 public health crisis amplified myriad challenges our patients face in accessing timely, high-quality, comprehensive mental health care, challenges that can be especially insurmountable for the most vulnerable residents of the Commonwealth. Provisions in this bill will empower patients and physicians to make decisions that will more often lead to optimal outcomes for those who need and seek mental health care." 

"With the passage of the Mental Health ABC Act, we are at the dawn of a new day for mental health treatment in the Commonwealth," said Dr. Grace Chang, President of the Massachusetts Psychiatric Society. "We are now leading the nation in parity for mental health care just when it is most needed.  MPS congratulates the Massachusetts legislature on its visionary measure and looks forward to assisting in its implementation." 

Having been officially signed by the Governor on August 10, 2022 the Mental Health ABC Act is now law. 

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