Title
stringlengths 11
453
⌀ | BillNumber
stringlengths 2
6
⌀ | DocketNumber
stringlengths 3
6
⌀ | GeneralCourtNumber
float64 193
193
⌀ | PrimarySponsor
stringlengths 98
237
⌀ | Cosponsors
stringlengths 2
22.9k
⌀ | JointSponsor
stringlengths 172
191
⌀ | BillHistory
stringlengths 82
86
⌀ | LegislationTypeName
stringclasses 15
values | Pinslip
stringlengths 49
1.06k
⌀ | DocumentText
stringlengths 53
212k
⌀ | EmergencyPreamble
stringlengths 2
2.1k
⌀ | RollCalls
stringclasses 15
values | Attachments
stringlengths 2
591
⌀ | CommitteeRecommendations
stringlengths 2
18.2k
⌀ | Amendments
stringlengths 2
333k
⌀ |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
An Act relative to industrial wastewater discharge of dental facilities
|
H883
|
HD2991
| 193
|
{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:42:17.823'}
|
[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:42:17.8233333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H883/DocumentHistoryActions
|
Bill
|
By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 883) of David Allen Robertson relative to industrial wastewater discharges of dental facilities. Environment and Natural Resources.
|
(a) As used in this act, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Dental facility ”, any institution, clinic, office or location where dentistry is practiced, as defined in section 50 of chapter 112 of the General Laws.
“Industrial wastewater”, waste in liquid form resulting from any process of industry, trade or business, regardless of volume or pollutant content. Waste in liquid form consisting of only sewage is not industrial wastewater.
“Septic system”, a subsurface disposal system installed in accordance with cmr310.15 title V.
“Sewage”, means water containing human or animal wastes from residences, buildings, industrial establishments or other places.
“Zone II ”, an area of an aquifer that contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides that result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). The Zone II must include the entire Zone I area. For springs, the Zone II is that area of an aquifer, which contributes water to the spring under naturally flowing conditions.
(b) A dental facility, located in a Zone II of a public water supply, which discharges industrial wastewater into a properly designed and installed septic system, shall obtain verification , within 120 days of the effective date of this act and verified every 5 years, from the municipal board of health, municipal health department or regional health district exercising powers and duties over the municipality or district where the dental facility is located, that the dental facility has no standing order to replace or repair the septic tank.
(c) The regulations promulgated by the division of water pollution control and codified at 314 CMR 18.01 to 18.11, inclusive, shall not apply to dental facilities .
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the sewer rate relief fund
|
H884
|
HD3017
| 193
|
{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:00:48.533'}
|
[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:00:48.5333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H884/DocumentHistoryActions
|
Bill
|
By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 884) of David Allen Robertson for the allocation of a certain sum of money to the town of Tewksbury for sewer relief purposes from the Sewer Rate Relief Fund. Environment and Natural Resources.
|
SECTION 1: Section 2Z of Chapter 29 of the General Laws, as appearing in the 2016 official edition, is hereby amended by adding after the words “aforementioned laws.” the following:- No less than $4,000,000 from the general fund be allocated to the Sewer Rate Relief Fund with no less than $400,000 allocated to the town of Tewksbury for sewer relief purposes.
SECTION 2: This bill shall take effect immediately upon its passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the protection of our drinking water from nitrosodimethylamine
|
H885
|
HD3025
| 193
|
{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:13:23.993'}
|
[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T22:13:23.9933333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H885/DocumentHistoryActions
|
Bill
|
By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 885) of David Allen Robertson relative to maximum containment levels for certain harmful compounds in drinking water. Environment and Natural Resources.
|
Notwithstanding any other general or special law to the contrary Section 7 of Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end there of the following: -
Section 7: (a) For purposes of this section following actions shall be taken by the Department of Environmental Protection:
The Department of Environmental Protection shall review the Guidelines on chemicals found in drinking water tested in the Commonwealth for the purposes of classifying Massachusetts maximum containment levels for certain harmful compounds. The Department of Environmental protection shall, with respect to n-Nitrosodimethylamine, promulgate Massachusetts maximum containment levels, that shall be considered the maximum safe amount of n-Nitrosodimethylamine present in drinking water so that it does not negatively affect human health.
The Department of Environmental Protection shall, upon receiving reports of levels of n-Nitrosodimethylamine outside the Massachusetts maximum containment levels, provide a copy of those reports to the Clerks of the House and the Senate. The Department of Environmental Protection shall then treat any such level found above the Massachusetts maximum containment level as if it were a violation of the Department of Environmental Protection Drinking Water regulation 310 CMR 22.00. Pursuant to 310 CMR 22.01(2) the Department of Environmental Protection shall exercise its authority as it sees fit to enforce the standard of the Massachusetts maximum containment levels promulgated in this section with respect to n-Nitrosodimethylamine.
The Department of Environmental Protection shall provide a report annually to the clerks of the House and the Senate that details the total number of examinations done of drinking water in the Commonwealth, as well as how many of those were found to contain n-Nitrosodimethylamine levels above the Massachusetts maximum containment level.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to combined sewer overflows
|
H886
|
HD3316
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:57:12.623'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:57:12.6233333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T11:57:14.3733333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T17:16:42.59'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-21T14:22:32.7633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-16T15:59:25.3366667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:41:03.4266667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-05T19:40:40.5233333'}]
|
{'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T11:57:12.623'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H886/DocumentHistoryActions
|
Bill
|
By Representatives Rogers of Cambridge and Madaro of Boston, a petition (accompanied by bill, House, No. 886) of David M. Rogers, Adrian C. Madaro and others relative to combined sewer overflows. Environment and Natural Resources.
|
SECTION 1: Chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:
Section 27B
a) As used in this Section, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
“Combined Sewer System” is a wastewater collection system of a municipality or of a Publicly Owned Treatment Works that conveys sanitary wastewaters (domestic, commercial, and industrial wastewaters) and storm water through a single-pipe system to a treatment plant.
“Combined Sewer Overflow” is a discharge or release from a Combined Sewer System directly or indirectly to a water of the commonwealth at a point prior to a Publicly Owned Treatment Works Treatment Plant.
“Publicly Owned Treatment Works” is a treatment works as defined by Section 212 of the Clean Water Act that is owned by a state or municipality as defined by Section 502(4) of the Clean Water Act, which includes the treatment works of the Massachusetts Water Resources Authority. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances that convey wastewater to a sewage treatment plant.
“Publicly Owned Treatment Works Treatment Plant” is that portion of the Publicly Owned Treatment Works that is designed to provide at least secondary treatment, including recycling and reclamation, of municipal sewage and industrial waste. That includes the Massachusetts Water Resources Treatment Plant at Deer Island.
“Untreated Combined Sewer Overflow” is a discharge or release that does not include at least the removal of solids and treatment to deactivate bacteria.
b) Beginning on January 1, 2035, in the Massachusetts Water Resources Authority sewer service areas set forth in Acts of 1984, chapter 372, Section 8(c), there shall be no untreated Combined Sewer Overflow in any 25-year 24-hour storm event or smaller storm event.
c) Within 18 months, the Department of Environmental Protection shall adopt regulations to implement this Section that shall include, but not be limited to, the definition of a 25-year 24-hour storm event, which it shall update from time to time as the climate changes, and a definition of Combined Sewer Overflow treatment that shall include at a minimum removal of solids and treatment to deactivate bacteria, which it shall update from time to time as technology changes.
| null |
[]
|
[]
|
[]
|
[]
|
An Act restricting distribution of single-use plastic straws
|
H887
|
HD1699
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:10:49.45'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:10:49.45'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:26:36.2733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H887/DocumentHistoryActions
|
Bill
|
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 887) of David M. Rogers and Michelle M. DuBois relative to restricting distribution of single-use plastic straws. Environment and Natural Resources.
|
Chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 6B the following section:–
Section 6C. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Food establishment”, an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, including but not limited to any establishment requiring a permit to operate in accordance with the State Food Code.
“Single-use plastic straw”, a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. “Single-use plastic straw” shall not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.
(b) A food establishment shall not provide a single-use plastic straw to a customer unless requested by the customer.
(c) The relevant licensing authority applicable to the food establishment may enforce the provisions of this section for a first violation of this section by providing a written warning and for a second or subsequent violation a fine of $25 for each day food establishment is in violation, but not to exceed $300 annually.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to incentivize the reduction of residential waste disposal
|
H888
|
HD1776
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:09:34.31'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:09:34.31'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-13T11:53:03.57'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H888/DocumentHistoryActions
|
Bill
|
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 888) of David M. Rogers and Margaret R. Scarsdale relative to residential solid waste disposal and the implementation of mandatory reporting standards for cities and towns. Environment and Natural Resources.
|
SECTION 1. The [Commissioner of Commonwealth of Massachusetts’ Department of Environmental Protection (“the Department”)] shall establish performance standards for the reduction of residential municipal solid waste, as described below, to achieve the purposes of the [Commonwealth’s Solid Waste Master Plan and Greenhouse Gas Reduction Plan] and to protect the natural environment, preserve resources, achieve progress toward the [Commonwealth's] goals to reduce greenhouse gases, save municipalities money, and create green jobs in the commonwealth. The performance standards shall be promulgated by July 1, 2023.
SECTION 2. The Department shall establish performance standards for mandatory reporting of residential municipal solid waste with the goal of the ultimate reduction of solid waste on the basis of pounds per capita disposed for any resident who receives solid waste services from the municipality. By June 30 of each year, the municipality shall report to the Department as per standards set by the Commissioner all required waste data for the prior calendar year. At a bare minimum, the municipality shall report how many tons of solid waste were disposed of by served residential units, and the total population served. The first reports shall be due from municipalities by June 30, 2024.
SECTION 3. If residents are disposing of more than 500 pounds per capita of waste per year in a given municipality, that municipality shall be required to adopt a cost saving waste reduction program within a year. That program may be any program that incentivizes waste reduction or diversion and best complies with the Zero Waste International Alliance standard, i.e., “The conservation of all resources by means of responsible production, consumption, reuse, and recovery of all products, packaging, and materials, without burning them, and without discharges to land, water, or air that threaten the environment or human health.”
SECTION 4. If the Department makes a determination that a city or town has not met the municipal solid waste reporting or implementation standards prescribed by the Department by July 1, 2021, that city or town shall submit a report to the department setting forth the reasons that the town did not meet the standards and detailing a plan to achieve the performance standards by September 30, 2021. The Department shall issue a report on the municipal solid waste programs not later than December 1 of each year that provides per capita solid waste disposal statistics for the municipal solid waste programs and shall file the report with the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on environment, natural resources and agriculture. The report may disaggregate solid waste tonnage information to highlight categories of waste, including waste that is beyond the control of a city or town such as waste created as a result of a natural disaster.
SECTION 5. If the Department makes a determination that the cities and towns of the Commonwealth have not reduced their residential waste per capita to less than 500 pounds on average per person for all individuals served by residential municipal solid waste programs in the Commonwealth by July 31, 2025, the Department shall be empowered to promulgate regulations instituting a statewide program incentivizes waste reduction or diversion and best complies with the Zero Waste International Alliance standard, i.e., “The conservation of all resources by means of responsible production, consumption, reuse, and recovery of all products, packaging, and materials, without burning them, and without discharges to land, water, or air that threaten the environment or human health.” Furthermore, if future municipal reporting indicates that the average residential solid waste disposed of per capita increases above 500 pounds per person per year, the Commonwealth shall also promulgate regulations as described in this paragraph.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to improve plastic bottles and their recycling
|
H889
|
HD2053
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:53:07.873'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:53:07.8733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:25:42.62'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-11T11:31:22.5066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T14:25:32.1333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H889/DocumentHistoryActions
|
Bill
|
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 889) of David M. Rogers, Michelle M. DuBois and Margaret R. Scarsdale relative to the sale of single-use beverage containers and the minimum content standard for plastic beverage containers. Environment and Natural Resources.
|
SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the following chapter:
CHAPTER 21P.
IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
A. “Beverage”, any of the following products prepared for immediate consumption and sold in a single-use container:
i. Beer and malt beverages; wine distilled spirit coolers; carbonated water and soda; noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and ‘soft’ drinks; non-carbonated fruit drinks that contain any percentage of fruit juice and vegetable juice; coffee and tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks, fermented non-alcoholic drinks;
B. “Beverage cap”, a cap on any plastic beverage container that is made wholly or in large part from plastic;
C. “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which one liter or less of a beverage is sold, and that is constructed of plastic. “Beverage container” does not include a cup or other similar container open or loosely sealed receptacle;
D. “The Department” means the Department of Environmental Protection for the Commonwealth of Massachusetts;
E. “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable, and to which additives or other substances may have been added, with the exception of natural polymers that have not been chemically modified;
F. “Postconsumer recycled plastic” means plastic that would otherwise be destined for solid waste disposal, having completed its intended end-use and product life cycle;
G. “Product manufacturer” means any person, partnership, association, corporation or any other entity that, through its own action or through contract or control, is primarily responsible for causing a product to be produced that is held inside of a rigid plastic packaging container and sold or offered for sale in Massachusetts.
i. The Department shall consider the following factors in identifying a product manufacturer:
1. The ownership of the brand name of the product in the beverage container;
2. Primary control or influence over the design of the product in the beverage container;
3. Primary control or influence over the design specifications of the beverage container;
ii. Any entity that has a legally recognized corporate relationship (i.e. parent/subsidiary or affiliate relationship) with a product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of this Act.
H. “Retailer” means a person who sells a beverage in a beverage container to a consumer;
I. “Single use”, means intended for disposal after one use and used for serving or transporting a prepared, ready-to-consume product, and is not intended for multiple trips or rotations by being returned to the producer for refill or reused for the same purpose for which it was conceived.
Section 2. Prohibition.
A. On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state, a single-use beverage container with a beverage cap, unless the container meets one of the following conditions:
i. The beverage cap is tethered to the container in a manner that prevents the separation of the cap from the container when the cap is removed from the container;
ii. The beverage cap includes an opening from which the beverage can be consumed while the cap is screwed onto or otherwise contiguously affixed to the container;
B. Metal caps or lids with plastic seals shall not be considered to be made from plastic. Glass and metal beverage containers that have caps and lids made from plastic shall not be included in this act;
Section 3. Minimum Recycled Content for Plastic Beverage Containers.
A. On and after January 1, 2024, a beverage container that is constructed from plastic shall have a minimum content standard of 15 percent postconsumer recycled plastic. The department may adjust the standards based on factors that shall include, but are not limited to, all the following factors:
i. Market conditions;
ii. Supply;
iii. Technology advancements;
iv. Environmental considerations;
B. A beverage container that is reused and refilled at least five times is exempt from compliance with subdivision (A);
C. On and after January 1, 2025, the initial minimum content standard set pursuant to subdivision (A) shall not restrict the department’s ability to adjust the minimum content standard for plastic beverage containers, but the department shall not adjust that minimum content standard to less than 15 percent;
D. On and after January 1, 2026, the initial minimum content standard for plastic beverage containers set pursuant to subdivision (A) shall be increased to 20 percent. Pursuant to subdivision (C), the department may adjust the minimum content standard for plastic beverage containers, but the department shall not adjust that minimum content standard to less than 20 percent;
E. On and after January 1, 2027, the initial minimum content standard for plastic beverage containers set pursuant to subdivision (A) shall be increased to 25 percent. Pursuant to subdivision (C), the department may adjust the minimum content standard for plastic beverage containers, but the department shall not adjust that minimum content standard to less than 25 percent;
F. A product manufacturer which produces plastic beverage containers shall submit certification to the Department, under penalty of perjury, verifying whether it is in compliance with subdivision (a), if requested by the Department.
Section 4. Enforcement of Minimum Recycled Content for Plastic Beverage Containers.
A. Non-compliance shall be considered a public offense, and the Department may place fines of up to $100,000 on any product manufacturer found to be below the 15 percent postconsumer recycled content threshold for plastic beverage containers;
B. Any product manufacturer who provides false information on a certification of compliance to the Department may be prosecuted for fraud by the state attorney general.
| null |
[]
|
[]
|
[]
|
[]
|
An Act promoting dairy farms
|
H89
|
HD2869
| 193
|
{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T17:15:01.343'}
|
[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T17:15:01.3433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H89/DocumentHistoryActions
|
Bill
|
By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 89) of Gerard J. Cassidy relative to dairy farm participation in the clean peak standard incentive program. Agriculture.
|
Subsection (e) of section 17 of chapter 25A of the General Laws is hereby amended in the first sentence by striking the date "2018" and inserting in its place thereof, the following new date "2021".
| null |
[]
|
[]
|
[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
|
[]
|
An Act responding to the threat of invasive species
|
H890
|
HD2472
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:29:31.157'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:29:31.1566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-25T11:28:24.1166667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-06-16T09:13:12.1566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:37:11.73'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-04-21T14:27:19.5966667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:11:48.0833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:44:59.0666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:25:51.0566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-02T12:48:27.4733333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-16T09:14:03.1366667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-01T14:22:52.0966667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-02T14:07:41.9966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T17:22:57.4533333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:33:19.49'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-06T16:09:02.5966667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H890/DocumentHistoryActions
|
Bill
|
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 890) of David M. Rogers and others relative to the threat of invasive species. Environment and Natural Resources.
|
SECTION 1. Chapter 10, as appearing in the 2020 Official Edition, of the General Laws is hereby amended by adding the following sections:-
Section 78. As used in section 79, the following words shall have the following meanings unless the context clearly requires otherwise:-
“committee”, the invasive species advisory committee established under section 38 of chapter 20;
“coordinator”, the statewide invasive species coordinator established under section 36 of chapter 20;
“executive office”, the executive office of energy and environmental affairs
“recurring maintenance projects”, invasive species projects that previously received grant funding and require long-term control or management activity.
Section 79. (a) There shall be a fund to be known as the Invasive Species Trust Fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund: (i)
any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund, (ii) any gifts, grants, private contributions or investment income earned by the fund’s assets and all other sources and (iii) any monies provided voluntarily from anyone applying for sporting, hunting, fishing and trapping licenses.
(b) The fund, subject to appropriation, shall be received and held in trust solely for: (i) support to the committee, (ii) the executive office’s invasive species office established under section 36 of chapter 20, (iii) development and implementation of the statewide strategic management plan for invasive species pursuant to section 32 of chapter 20, (iv) research and pilot projects at Massachusetts universities, colleges, non-profit organizations and other facilities to test new and emerging technologies for controlling invasive species, and (v) grants awarded under paragraph (d). The fund shall be administered by the coordinator for the purposes of development and implementation of the strategic management plan, research, pilot projects, and grants.
(c) No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
(d) A municipality, or group of municipalities, a cooperative invasive species management area, a non-profit or an agency of the state, which desires state assistance to control invasive species, may apply in writing to the invasive species office in a manner prescribed by the office. When the office finds that a proposed invasive species control program aligns with objectives developed in the statewide strategic management plan, and is suitable to eradicate, control, or minimize the effect an invasive species has on the ecosystem under consideration, it
may grant an award as determined necessary by the office. Recurring maintenance projects may be awarded grants of up to seventy-five percent the full amount of the annual project cost for a maximum of five years. In approving requests and determining the amount of any grant, the office shall consider the following: (i) the long-range impacts of the strategic management plan developed by the applicant, (ii) the natural resources to be conserved and protected by such control, (iii) the presence of any invasive species prioritized by the committee, (iv) recommendations from the committee, and (v) any impact on endangered, threatened or special concern species listed under chapter 131A.
(e) In prescribing such manner of application for state assistance, the office shall require applicants to develop a management plan and shall offer consultation for development of such plans. The plans shall (i) identify root causes of the existing invasive species problem, (ii) specify control techniques to manage or eradicate the existing infestation, (iii) identify and specify control techniques that will minimize adverse environmental impact to the surrounding area, (iv) specify best management practices to prevent future infestations, and (v) identify the adverse impact of such specified control techniques on any rare species listed under chapter 131A.
(f) The office shall make awards to priority projects to the extent that funds are available. First priority shall be projects to manage incipient infestations of invasive species with the potential for eradication, second priority shall be projects to prevent or control the further spread of an invasive species, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the office shall consider the following: (i) public accessibility and recreational uses; (ii) the importance to commercial, agricultural or other interests; (iii) the degree of local interest, including municipal or other support to the project; (iv) local efforts to control invasive species; (v) other considerations affecting feasibility of achieving long-term
control including the need for multi-year control efforts; and (vi) necessity or advantage of the proposed work. In all cases, the office shall consider whether the proposed project is included in or compatible with applicable law and regulations, and whether the proposed project furthers goals established by the statewide strategic management plan.
SECTION 2. Chapter 20, as appearing in the Official Edition, of the General Laws is hereby amended by adding sections 33 to section 38:-
Section 33. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:--
“citizen science”, scientific data collection that engages the public;
“committee”, the invasive species advisory committee;
“cooperative invasive species management area”, a regional partnership that focuses on cooperation, coordination and education between departments, tribal governments, stakeholders, Massachusetts universities, private and not-for-profit organizations, other states, the federal government and any other appropriate parties to manage and control regional invasive species;
“coordinator”, the statewide invasive species coordinator;
“department”, the department of agricultural resources;
“introduction”, the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity;
“introduction pathway”, the mechanism by which an invasive species enters Massachusetts;
“invasive species”, a species that is non-native to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health;
“Massachusetts Aquatic Invasive Species Management Plan”; a five-year plan, created by the Massachusetts Aquatic Invasive Species Working Group, for aquatic invasive species management in Massachusetts with the goal of implementing a coordinated approach to minimizing the ecological and economic impacts of aquatic invasive species in marine and freshwater environments. The plan was the first comprehensive effort to assess the impacts and threats of aquatic invasive species in Massachusetts and was published in December 2002;
“native species”, a species that, other than as a result of an introduction, historically occurred or currently occurs in a particular ecosystem;
“naturalized”, the process by which a non-native species, without the aid and benefits of cultivation in Massachusetts, freely and regularly reproduces and persists over time to the point that it becomes established in the ecosystem under consideration;
“non-native species”, a species that is introduced or not naturally occurring, based on the species biology, phylogeny, distribution, and current knowledge about the species, within Massachusetts;
“potentially invasive species”, are non-native species not currently known to be naturalized in Massachusetts, but that can be expected to become invasive within minimally managed habitats within the Commonwealth. As defined here, "species" includes all synonyms, subspecies, varieties, forms, and cultivars of that species unless proven otherwise by a process of scientific evaluation.
“priority conservation area”, an area determined by identifying at all scales the natural and cultural resources at risk from invasive species.
Section 36. (a) The executive office shall establish and maintain a comprehensive invasive species office for the purpose of promoting the ecological integrity of the state’s lands and waterways by controlling invasive species and strategically coordinating management efforts across the state. The office shall focus on each function of invasive species management, including at a minimum, prevention, management, education, and collaboration. The office, with respect to each function, shall: (i) prevent the introduction or re-introduction of invasive or potentially invasive species, (ii) eradicate or control invasive species through early detection and rapid response and best management practices, (iii) target invasive species education to the general public, schools, industries, government agencies, and other organizations, and (iv) facilitate development and support of cooperative invasive species management areas that maximize regional resources and impact.
(b) To coordinate office activities, provide the necessary technical oversight, and staff the office, the department shall appoint a statewide invasive species coordinator. The coordinator shall devote full time and attention to the duties assigned by the department. The coordinator shall be a person with skill and experience in natural resource and invasive species management, botany, and entomology. The coordinator shall be responsible for overall office management, including administration of assigned functions of the invasive species grant program established under chapter 10 of section 79, development of educational materials and workshops, and coordination with other invasive species management activities across the state. The coordinator shall develop the state’s invasive species strategic management plan with assistance from the committee. The coordinator shall update the plan or develop a new plan a minimum of once every five years. The coordinator shall have such duties and authority as deemed reasonable by the department to ensure state agency cooperation and support from the committee.
(c) The department shall develop programming to conduct field work to survey for invasive species and review projects funded by the grant program. The monitoring program will, in coordination with other state planning and remediation activities, comprehensively survey designated sections of the state to identify and map invasive species infestations. The monitoring program shall develop partnerships and citizen science programs to ensure comprehensive monitoring of the state.
(d) The office shall coordinate with cities and towns to combat the negative effects of invasive species and increase resources and funding that support city and town-sponsored activities involving invasive species. The office shall identify all federal and private funds available to the state and to private entities to address invasive species and assist state departments, private and non-profit entities to acquire these funds.
Section 37. The comprehensive, statewide strategic management plan shall include prevention, early detection and rapid response, control, enforcement, and education of the public with respect to all taxa of invasive species, as well as create a mission statement establishing the state’s position against invasive species. The plan shall, at a minimum:
(a) describe the impacts and threats of invasive species in the state;
(b) recommend interagency responsibilities;
(c) recommend city and town coordination;
(d) describe state level coordination;
(e) identify research needs and set research priorities;
(f) set education priorities;
(g) identify needs for additional staff positions at state agencies;
(h) recommend partnerships with private and non-profit entities;
(i) advance a system for early detection and rapid response;
(j) establish a centralized framework for sharing invasive species information;
(k) prioritize invasive species management and advance preparedness;
(l) recommend state actions to recover ecosystem resilience;
(m) evaluate the long term success of current state programs and efforts; and
(n) create a guide for uniform administration of section 40 of chapter 131 when alteration of a wetland area for invasive species management requires a permit with the local conservation commission, and recommend ways to improve the permit process to facilitate invasive control
The plan shall evaluate and incorporate, as appropriate, the approved Massachusetts Aquatic Invasive Species Management Plan, and maximize efforts to receive a federal share for work that falls under the objectives of the National Invasive Species Council.
Section 38. (a) There shall be an invasive species advisory committee which shall provide information, advice, and guidance to the invasive species office, including but not limited to providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of invasive species infestations throughout the state and prevent the introduction of potentially invasive species, and providing assistance with the creation of an assessment for non-native species and recommendations for best management practices. The committee shall develop data relative to invasive species and assist in the implementation of and any revision to the strategic management plan. The committee shall recommend new partnerships for the invasive species office.
(b) The committee shall be chaired by the invasive species coordinator and shall meet at the call of the chair or quarterly, but no less than annually. The members of the committee shall not be compensated for their services on the committee but may seek reimbursements out of any funds available for the purpose, for their actual traveling and other expenses necessarily incurred in the performance of the committee’s duties, but such reimbursements shall not in any fiscal year exceed the amount set by the chair.
(c) The chair shall select up to 16 members with at least one member from each of the following:
(1) A statewide conservation organization;
(2) A statewide river organization;
(3) A representative from the Massachusetts Invasive Plant Advisory Group
(4) A representative from a land trust
(5) A representative from a native plant organization
(6) A representative of an association of conservation commissions;
(7) A representative from the Natural Heritage and Endangered Species Program of the department of fish and game;
(8) A representative from the Division of Ecological Restoration of the department of fish and game;
(9) A representative from the department of agricultural resources;
(10) A representative of a plant nursery association;
(11) A representative of a landscape association;
(12) A representative from the Massachusetts Congress of Lake and Pond Associations;
(13) A representative from a Massachusetts biodiversity research institute or university; and;
(14) A veterinarian or biologist conducting research and monitoring of wildlife and plant diseases that are presently infecting flora and fauna in the state.
(d) Selection to the committee shall be for a four year term.
(e) The committee, at the call of the chair, shall hold public hearings for the purpose of fact-finding, receiving public comments, or conducting inquiries concerning invasive species. The committee shall prepare for public review and include in its reports a summary of the comments and recommendations made at the public meetings;
(f) The committee shall report annually at the end of each calendar year on budgetary and other issue regarding invasive species. The information reported shall include, but not be limited to: (i) a summary of the committee’s activities; (ii) the performance of the committee’s duties; (iii) efforts in the state to identify and manage invasive species; and (iv) budgetary recommendations for invasive species. The report shall be filed with the clerks of the senate and the house, the senate and house committees on ways and means, the joint committee on environment, natural resources and agriculture, and the governor.
(g) The committee, through its member agencies, shall:
(i) maintain oversight of invasive species in the state, and assess the scope and magnitude of the environmental, ecological, agricultural, economic, recreational and social impacts caused by invasive species in the state;
(ii) recommend legislation as well as administrative policies and programs to improve the state’s administration and support of invasive species programs and policies;
(iii) advise, consult and coordinate invasive species-related efforts with and between state agencies, as well as state, federal, international, and privately organized programs and policies;
(iv) identify and prioritize each agency’s organizational and resource needs with respect to invasive species;
(v) assist state agencies in reviewing the agency performance measures, by the committee’s standard, for accountability concerning invasive species actions;
(vi) direct invasive species policy for state agencies and ensure that all state agency programs and policies are consistent with the invasive species policies created by the committee;
(vii) create and maintain a list of all established categories of invasive species, including banned invasive species, and confirmed sightings of such species in a statewide database that incorporates existing data from agencies, or, if found suitable by the committee, expand current databases and reporting systems to ensure public access to invasive species information and distribution;
(viii) establish and maintain a list of current potentially invasive species identified as threats, with focus on those species threatening priority conservation areas, and promulgate agency regulations for such species;
(ix) issue an advisory when there is a discovery in the state of a species listed as potentially invasive and not recorded in the state prior to such discovery; the public advisory shall, to the extent information is available, describe in plain language the (i) species location, (ii) waters and land areas negatively affected or expected to be negatively affected by the species, (iii) best management practices for the species provided its location, (iv) introduction pathways, (v) a state plan for eradicating, if possible, or controlling the infestation, and (vi) such information as the committee shall prescribe by regulation or directive;
(x) incorporate and expand the Massachusetts Invasive Plant Advisory Group’s invasive plant assessment to the extent appropriate for the committee’s invasive species control and eradication efforts, and create a yearly evaluation system for listing new species and de-listing others;
(xi) review the department’s regulations for the Massachusetts prohibited plant list and ensure appropriate administration of the prohibited plant list;
(xii) promote use of native species as alternatives to horticulturally and commercially used invasive species and create a list of suitable, tested native alternatives for commonly used invasive species;
(xiii) review state agency mandates and commercial interests that call for the maintenance of invasive or potentially invasive species as resources for sport hunting, aesthetic resources, or other values;
(xiv) encourage industries and trade organizations to develop and adopt voluntary codes of conduct designed to reduce or eliminate the use and distribution of invasive species, reviewing such voluntary codes of conduct and officially recognizing approved codes;
(xv) restrict the sale, purchase, possession, propagation, introduction, importation, transport and disposal of invasive species, and establish grace periods for prohibited species so businesses can plan management of existing stock;
(xvi) review the structure of and establish fines and penalties to ensure maximum deterrence for invasive species-related crimes;
(xvii) identify and establish new methods to increase revenue for the invasive species trust fund established under section 79 of chapter 10;
(xviii) prioritize the actions of the committee based on the needs of the executive office’s invasive species office established under section 36, and effectively respond to such needs;
(xix) approve by affirmative vote and implement the statewide strategic management plan for invasive species with the invasive species office;
(xx) collaborate and coordinate efforts with the federal invasive species council and its national invasive species management plan;
(xxi) coordinate a response or promote a statewide position with respect to the impact climate change has on invasion risk in the state and identify ways to translate climate research into invasive species management action;
(xxii) develop, foster and maintain partnerships with non-profit organizations to collaborate on projects, policies and programs;
(xxiii) adopt rules pursuant to effectuate this chapter; and
(xiv) perform any other function necessary to effectuate the purposes of this section.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to require transparency and disclosure by materials recovery facilities
|
H891
|
HD2525
| 193
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T14:14:51.833'}
|
[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T14:14:51.8333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:44:37.13'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-10T07:47:50.1466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T16:08:14.85'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T13:37:31.6066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H891/DocumentHistoryActions
|
Bill
|
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 891) of David M. Rogers and others for legislation to further regulate solid waste facilities. Environment and Natural Resources.
|
SECTION 1. Chapter 21H of the Massachusetts General Laws is hereby amended by inserting after Section 8 the following section:-
Section 9. Materials Recovery Facility Disclosure and Transparency
(a) Definitions:
“Actual Value”, shall mean price of commodities as determined by a Materials Recovery Facility which is not based on a commodities index
“Average Market Value” or “AMV”, shall mean the sum of the percentage of each commodity and contamination as determined by commodity composition multiplied by its index value or actual value
“Commodity Composition”, shall mean the relative weights of each commodity and residue based on inbound audits conducted by an independent third party approved by the department using a methodology determined by the department
“Contaminant”, shall mean a material that is not recyclable in a MRF’s system and that is not banned from disposal pursuant to 310 CMR 19.017
“Department”, shall refer to the Massachusetts Department of Environmental Protection
“Index”, a third-party publication that provides weekly or monthly price ranges for recyclable commodities based on objective, confidential information provided by buyers and sellers in the industry
“Materials Recovery Facility” or “MRF”, a facility that receives, processes, converts and markets post-consumer materials for use as a raw material for manufacturing or other type of beneficial use approved by the Municipality other than energy recovery, thermal conversion, or disposal.
(b) In order to ensure that outbound materials are efficiently sorted into recyclable commodities, and are sent to facilities that meet the department’s environmental and public health standards, each Materials Recovery Facility shall be required to regularly provide reports to the Massachusetts Department of Environmental Protection detailing the following:
i. Inbound weight of each commodity and all contaminants sold or disposed based on audited commodity compositions
ii. Outbound weight of each commodity sold
iii. Commodity composition of residue, to determine sorting losses
iv. Commodity composition of samples taken immediately before baling of each commodity sold, to determine bale quality
v. Destinations of each commodity and residue and
vi. Evidence that it is reporting its outbound commodity pricing to the index it uses for contract pricing.
The frequency and methodology of third party audits, a list of approved third party auditors, and the frequency of these reports shall be determined by the department.
(c) The department shall make current index value information available to municipalities that contract with a MRF either directly or through a contract with a waste hauler.
(d) Materials recovery facilities shall use the most recently reported commodity compositions and index values in their AMV calculations for all but disposed residue when invoicing municipal customers. If an index does not exist for a particular commodity or contaminants, MRFs shall provide primary documentation of how the value is determined to the municipality.
(e) MRFs shall provide reports to the publisher of the index on which they base their pricing.
(f) MRFs shall not impose fees in excess of 150% of actual disposal cost, with documentation of actual disposal cost and location, for contamination in excess of the MRF’s permitted residue rate.
(g) Residue disposed by a MRF shall meet department standards for the disposal of Waste Ban materials listed in 310 CMR 19.017.
SECTION 2. The department shall promulgate regulations pursuant to subsection (b) of Section 9 of Chapter 21H of the General Laws by July 1, 2024.
SECTION 3. Subsections (c) through (g) of Section 9 of Chapter 21H shall take effect on January 1, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to assist municipal and district ratepayers
|
H892
|
HD3787
| 193
|
{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:28:25.7'}
|
[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:28:25.7'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-06T15:17:46.64'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T15:17:46.64'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-22T14:10:53.73'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-21T09:31:02.33'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-21T09:31:02.33'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-17T16:51:03.11'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H892/DocumentHistoryActions
|
Bill
|
By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 892) of Jeffrey N. Roy and others relative to the imposition of additional costs to cities or towns by the Executive Office of Energy and Environmental Affairs. Environment and Natural Resources.
|
SECTION 1. Whereas, water, wastewater and stormwater systems are in need of major improvements in order to continue to protect public health, safety and the environment; and
Whereas, the costs for these improvements are significant and increasing each year; and
Whereas, local ratepayers and taxpayers bear the majority of costs associated with making these improvements as the Federal and State governments have reduced their level of funding assistance to cities, towns and districts; and
Whereas, many of the costs associated with water, wastewater, and stormwater improvements are due to regulatory demands by Federal and State agencies; and
Whereas, these regulatory demands on cities, towns and districts currently do not consider compliance costs or assess the value of the benefits derived; and
Whereas, it is in the public interest to spend ratepayer and taxpayer funds wisely, and to ensure the maximum benefits are derived for each dollar expended.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Notwithstanding the provisions of section 27C of chapter 29 of the General Laws, or any other general or special law to the contrary, any proposal initiated by the Executive Office of Energy and Environmental Affairs and its subordinate agencies, commissions, or boards (collectively EOEEA) in the form of a rule, regulation or so-called guidance document or policy resulting in the imposition of additional cost to a city or town shall be termed a “local mandate”. Local mandates shall include but not be limited to any EOEEA initiated rule, regulation or so-called guidance document or policy that: (1.) requires any city or town to undertake any service or direct or indirect cost obligation, or to establish, expand or modify any existing activity in such a way that results in the expenditure of funds or resources, or results in the diversion of funds or resources from any existing activity. For the purposes of this section, the term “existing activity” shall include any program or service lawfully undertaken by any city or town under the authority of any law, special law, administrative rule or regulation or city or town charter, or; (2.) relieves the state or a county from providing a service or program so that any city or town instead incurs the direct or indirect cost of such service or program.
SECTION 2. No proposal initiated by the EOEEA in the form of a rule or regulation, or so-called guidance document or policy, which pertains to water, wastewater, and/or stormwater, shall become effective until a regulatory impact statement has been completed, made public during the hearing process described in chapter 30A of the General Laws and filed with the secretary of state. The regulatory impact statement shall: (a) identify the problem, issue or deficiency addressed by the proposal; (b) identify the methodology or approach, including identification of expert information and analysis used to address the problem, issue or deficiency; (c) identify stakeholders who will be affected and to what extent by the proposal; (d) identify when such proposal will become effective, when such proposal will be changed, if known, and how and when the proposal will be reviewed in the future, if at all; (e) identify and describe the immediate and long term financial impacts of the proposal on all stakeholders, including the entity issuing the proposal, any affected private party or entity, the state, the cities and towns, and the general public. Such financial impact statement shall consider administrative costs, permitting costs, enforcement costs, capital costs, internal compliance costs, and indirect costs, if any; (f) identify the fiscal effect on the public and private sectors for the first and second year of the proposal's existence, and provide a projection of fiscal impact over the first five years of the proposal's existence or, in the case of proposals affecting permits issued by the EOEEA, the term of the permit; and (g) identify and describe, specifically, the benefits of the proposal including, where possible, the financial value of these benefits. The secretary of administration and finance shall adopt regulations to further define and implement the use of regulatory impact statements by the EOEEA.
SECTION 3. The EOEEA shall maintain a list of stakeholders who have requested preliminary notification of proposals made by said executive office and subordinate agencies; such request may be renewed annually by persons or groups in December. No later than thirty days prior to the notice of hearing described above, the EOEEA shall send a preliminary notification of the proposal to each stakeholder on the list and to the Joint Legislative Committee on Natural Resources, the Joint Legislative Committee on Local Affairs, the House and Senate Committees on Ways & Means, the Office of the State Auditor and the Massachusetts Municipal Association. The preliminary notification of the proposal shall (a) identify the proposal to be noticed for hearing and the scope of the proposal, (b) provide the statutory authority for such proposal, and (c) identify the person within the EOEEA responsible for the proposal and who can be contacted for more information.
SECTION 4. No proposal initiated by the EOEEA in the form of a rule, regulation, or so called guidance document or policy, which pertains to water, wastewater, and/or stormwater, shall become effective until the EOEEA has complied with the provisions of Massachusetts Administrative Procedures Act established under the provisions of Chapter 30A of the General Laws. Any entity claiming to be aggrieved by lack of compliance with said chapter shall be permitted to file a petition for relief with the superior court.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to enhancing circularity in recycling
|
H893
|
HD3944
| 193
|
{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T15:27:05.15'}
|
[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T15:27:05.15'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H893/DocumentHistoryActions
|
Bill
|
By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 893) of Jeffrey N. Roy relative to enhancing circularity in recycling. Environment and Natural Resources.
|
The General Laws are hereby amended by inserting after Chapter 94I the following chapter:-
CHAPTER 94J.
ENHANCING CIRCULARITY IN RECYCLING.
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Beverage", any ready to drink liquid for human consumption. Beverage shall not include infant formula, medical food, fortified oral nutritional supplements used for persons who require supplemental or sole source nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes or other medical conditions as determined by the department.
"Covered product", an item in 1 of the following categories subject to minimum post-consumer recycled content requirements: (i) plastic trash bags; (ii) plastic carry-out bags; (iii) plastic beverage containers; (iv) rigid plastic containers, including food containers and household cleaning and personal care product packaging. Covered product shall not include any type of container or bag for which the commonwealth is preempted from regulating content of the container material or bag material under federal law.
"Department", department of environmental protection.
"Food", articles used for food or drink for consumption by humans or other animals, and articles used for components of any such article.
"Glass container", a container made of glass that is filled with a food or beverage.
"Hot fill process", a process to sterilize both a food product and its container during the food packaging process, in which the food product is heated to a temperature between 194 and 203 degrees Fahrenheit and then injected into the container.
"Paper carryout bag", a bag made of paper that is sold or provided by a store to a customer for the purpose of containing, carrying, and transporting food, beverages or retail goods.
"Person", an individual, corporation, company, association, society, firm, partnership or joint stock company.
"Plastic", a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal. Plastic shall not include material that is designed to be composted in a municipal or industrial aerobic composting facility and that is certified by a recognized third-party independent verification body as meeting the standards therefor established by the American Society for Testing and Materials in ASTM D6400 or ASTM D6868.
"Plastic beverage container", an individual, sealable, separate bottle, can, jar, carton or other container made of plastic that is intended to contain a beverage up to 2 gallons in capacity. Plastic beverage container does not include: (i) refillable beverage containers, such as containers that are sufficiently durable for multiple rotations of their original or similar purpose and are intended to function in a system of reuse; (ii) rigid plastic containers or plastic bottles that are or are used for medical devices, medical products that are required to be sterile, nonprescription and prescription drugs or dietary supplements; (iii) liners, bladders, caps, corks, closures, labels and other items added but otherwise separate from the structure of the bottle or container; and (iv) containers certified as industrial compostable pursuant to ASTM D6400 or D6868.
"Plastic carryout bag", a bag made of plastic, of any thickness, whether woven or nonwoven, that is sold or provided by a store to a customer for the purpose of containing, carrying and transporting food, beverages or retail goods.
"Plastic trash bag", a bag that is made of plastic, is at least 0.70 mils thick, and is designed and manufactured for use as a container to hold, store, or transport materials to be discarded, composted or recycled, and includes, but is not limited to, a garbage bag, lawn or leaf bag, can-liner bag, kitchen bag or compactor bag.
"Postconsumer material", a material or product that has completed its intended end use and product life cycle, and which has been separated from the solid waste stream for the purposes of collection and recycling. Postconsumer material shall not include pre-consumer or post-industrial secondary waste material or materials and by-products generated from, and commonly used within, an original manufacturing and fabrication process.
"Producer". the following person responsible, including a manufacturer, for compliance with minimum post-consumer recycled content requirements for a covered product sold, offered for sale or distributed in or into the commonwealth: (i) ff the covered product is sold under the producer’s own brand or lacks identification of a brand, the producer is the person who manufactures the covered product; (ii) if the covered product is manufactured by a person other than the brand owner, the producer is the person who is the licensee of a brand or trademark under which a covered product is sold, offered for sale or distributed in or into the commonwealth, whether or not the trademark is registered in the commonwealth, unless the manufacturer or brand owner of the covered product has agreed to accept responsibility under this chapter; or (iii) if there is no person described in this chapter over whom the commonwealth can constitutionally exercise jurisdiction, the producer is the person who imports or distributes the covered product in or into the commonwealth. Producer shall not include: (a) government agencies, municipalities or other political subdivisions of the commonwealth; (b) registered 501(c)(3) charitable organizations and 501(c)(4) social welfare organizations.
"Rigid plastic container", a container made of plastic that has a relatively inflexible finite shape or form, has a minimum capacity of 8 fluid ounces or its equivalent volume and a maximum capacity of 5 fluid gallons or its equivalent volume, and is capable of maintaining its shape while empty or while holding other products.
Section 2. (1) Rigid plastic containers sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this chapter, all rigid plastic containers sold, offered for sale, or used in association with the sale or offer for sale of a product in the commonwealth by a producer shall contain, on average and in aggregate, at least 10 per cent postconsumer recycled content.
(3) Beginning 5 years after the effective date of this chapter, and every 3 years thereafter, the percentage of postconsumer recycled content required on average and in aggregate for rigid plastic containers pursuant to this section shall increase by 10 per cent, until reaching 50 per cent.
(4) A rigid plastic container shall be exempt from the postconsumer recycled content requirements of this section if it: (i) is associated with a product produced in or brought into the commonwealth that is destined for shipment to a destination outside the commonwealth, and that remains with the product upon shipment; (ii) contains drugs, dietary supplements, medical devices, or cosmetics as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec.301 et seq.; (iii) contains toxic or hazardous products regulated under the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. sec.136 et seq.; (iv) is manufactured for use in the shipment of hazardous materials and is: (a) prohibited from being manufactured with used material by federal packaging material specifications set forth in 49 C.F.R. sec.178.509 and 49 C.F.R. sec.178.522, (b) is subject to the testing standards set forth in 49 C.F.R. sec.178.600 through 49 C.F.R. sec.178.609, or (c) is subject to the recommendations of the United Nations on the transport of dangerous goods; or (iv) is a refillable container or a reusable container. For the purposes of this paragraph, "refillable container" means a rigid plastic container that is routinely returned to and refilled by the producer with the same product packaged by the container; and "reusable container" means a rigid plastic container that is routinely reused by consumers to store the original product packaged by the container.
Section 3. (1) Plastic beverage containers sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this chapter, all plastic beverage containers shall contain, on average and in aggregate, at least 15 per cent post-consumer recycled content.
(3) Beginning 5 years after the effective date of this chapter, and every 3 years thereafter, the amount of postconsumer recycled content required on average and in aggregate for plastic beverage containers pursuant to this section shall increase by 5 per cent, until reaching 50 per cent; except the postconsumer recycled content requirement for producers who utilize a hot fill process shall not exceed 30 per cent.
(4) The provisions of this section shall not apply to a refillable beverage container. For the purposes of this section, "refillable beverage container" shall mean a beverage container that holds 150 fluid ounces or less of beverage, and which is routinely returned to the producer to be refilled and resold.
Section 4. (1) Glass containers sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this chapter, all glass containers shall contain, on average, and in aggregate, at least 35 per cent postconsumer recycled content; except that, if a producer certifies to the department that its use of postconsumer recycled content is made up of at least 50 per cent mixed-color cullet, then the glass containers shall only be required to contain, on average, at least 25 per cent postconsumer recycled content. As used in this section, "mixed-color cullet" means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for the color mix of color-sorted, post-filled glass as a raw material for the manufacture of glass containers.
Section 5. (1) Paper carryout bags sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this section, all paper carryout bags shall contain, on average and in aggregate, at least 40 per cent postconsumer recycled content; except that a paper carryout bag that holds 8 pounds or less shall only be required to contain, on average, at least 20 per cent postconsumer recycled content.
Section 6. (1) Plastic carryout bags sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this chapter, plastic carryout bags shall contain, on average and in aggregate, at least 20 per cent postconsumer recycled content.
(3) Beginning 5 years after the effective date of this chapter, plastic carryout bags shall contain, on average and in aggregate, at least 40 per cent postconsumer recycled content.
Section 7. (1) Plastic trash bags sold or offered for sale in the commonwealth shall comply with the minimum post-consumer recycled content requirements under this section.
(2) Beginning 2 years after the effective date of this chapter,plastic trash bags shall contain on average and in aggregate the following proportion of postconsumer recycled content: (i) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least five percent; (ii) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at least 10 percent; and (iii) for plastic trash bags equal to or greater than 1.00 mils thick, at least 20 per cent.
(3) Beginning 5 years after the effective date of this chapter, plastic trash bags shall contain on average and in aggregate the following proportion of postconsumer recycled content: (i) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least 10 per cent; (ii) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at least 20 per cent; and (iii) for plastic trash bags equal to or greater than 1.00 mils thick, at least 40 per cent.
(4) This section shall not apply to a plastic trash bag that is designed and manufactured to hold, store or transport hazardous waste or regulated medical waste. For the purposes of this paragraph, "hazardous waste" and "regulated medical waste" shall meet the definition established by the department; provided however, that producers are encouraged to utilize post consumer recycled content (PCR) unless expressly prohibited.
Section 8. (1) A package or container that contains milk products, plant-based products with names that include the names of dairy foods such as "milk," medical food, food for special dietary use, or infant formula shall be exempt from the postconsumer recycled content requirements of this chapter.
(2) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
"Food for special dietary use", means the same as the term is defined in 21 U.S.C. sec. 350. "Medical food" and
"Infant formula", means the same as that term is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq.
"Medical food", means the same as that term is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq.
"Milk product", means the same as that term is defined by the United States Food and Drug Administration.
Section 9. (1) A package or container that contains food shall be exempt from the postconsumer recycled content requirements of this chapter for a period of 5 years beginning on the effective date of this chapter, except that the exemption provided in this subsection shall not apply to a plastic beverage container or a glass container filled with a beverage.
(2) The department may, in its discretion, extend the 5-year exemption. Upon expiration of the exemption, a producer shall be subject to the applicable postconsumer recycled content requirements in effect at the time of the expiration.
Section 10. (1) Products or materials sold or offered for sale in the commonwealth may be waived from the minimum post-consumer recycled content requirements as follows: (i) in order to qualify, a producer shall submit to the department documentation from a federal or state agency or certified third-party expert, demonstrating that the producer cannot comply with the postconsumer recycled content requirements for the following reason: that the producer cannot maintain compliance with applicable rules and regulations adopted by the United States Food and Drug Administration, or other applicable state or federal law, rule, or regulation and comply with the postconsumer recycled content requirements.
(2) The department may grant a waiver for a period of up to 2 years. The department shall publish any determinations to grant waivers on its website.
Section 11. (1) For the purposes of determining a producer’s compliance with the post-consumer recycled content requirement, the producer may: (i) determine compliance for the total quantity of each category of covered materials, by weight, that are sold in the commonwealth. Compliance shall be determined for each category on average and in aggregate across the category and shall not be construed as requiring compliance with the requirements for each individual covered product sold; and (ii) rely on state-specific data regarding covered product sales and material use, if available, or may alternatively rely on the same type of regional or national data.
(2) If a producer elects to rely on data derived from applicable data that is regional or national rather than state-specific as provided in clause (ii) of paragraph (1), they shall: (i) prorate the regional or national data to determine the state-specific figures based on market share or population in a manner that ensures that the percentage of post-consumer recycled plastic calculated for covered products sold in the commonwealth is the same percentage as calculated for that larger region or territory; and (ii) document the methodology used to determine those state-specific figures calculated under said clause (ii) of said paragraph (1) in the annual report.
Section 12. The department shall establish and maintain regulations allowing for a producer to discharge its obligations under this chapter by making an alternative compliance payment in an amount established by the department; provided however, that the department shall set post-consumer recycled content requirement alternative compliance payment rates at levels that shall stimulate the development of a post-consumer recycled content market. The department shall establish and maintain regulations outlining procedures by which each producer, shall annually submit for the department's review a filing illustrating the producer’s compliance with the requirements of this section and the producer’s efforts made toward achieving compliance where commercially feasible.
Section 13. (a) The department shall impose penalties on a producer that is in violation of this chapter. The department may enforce the provisions of this chapter by any of the following:
(i) issue an order requiring the person to comply;
(ii) bring a civil action;
(iii) levy a civil administrative penalty, which the department shall set at an amount that is higher than the alternative compliance payment that the producer would have paid in carrying out its obligations under this chapter;
(iv) bring an action for a civil penalty;
(v) require a producer to submit a corrective action plan; or
(vi) notify the public of a producer which, at any time during a reporting period, was not in compliance with the requirements of this chapter.
(b) The exercise of any of the remedies provided in this section shall not preclude recourse to any other remedy so provided.
(c) All penalties shall be placed into a special, non-lapsing account to be known as the Recycling Enhancement Fund. which shall be credited with all penalties collected. Moneys in the account may be utilized by the department for administrative expenses incurred in connection with this chapter for recycling public education and to stimulate the development of a post-consumer recycled content market.
Section 14. (a) Annually, on April 1, following 2 years after the effective date of this chapter, a producer that offers for sale, sells or distributes covered products into the commonwealth shall register with the department individually or through a third-party representativeve registering on behalf of a group of producers, in a form and manner as prescribed by the department, and pay an annual registration fee of $5,000. A producer that fails to register with the department pursuant to this section shall first receive a written warning. A producer that receives a written warning shall register with the department no later than 90 days after receipt of the warning. A producer that receives a written warning and that fails to register with the department within 90 days of receipt of the warning shall be subject to the penalties set forth in section 13 of this chapter.
(b) All registration fees shall be placed into a special, non-lapsing account to be known as the Recycling Enhancement Fund. Moneys in the account may be utilized by the department for administrative expenses incurred in connection with this chapter, for recycling public education and to stimulate the development of a post-consumer recycled content market.
Section 15. (1) Annually, on October 1, following 3 years and 6 months after the effective date of this chapter, each producer shall submit a report certifying, in writing, to the department the extent to which it is incompliance with the postconsumer recycled content requirements of this chapter, are otherwise exempt or have been approved for a waiver from the requirements.
(2) The producer shall set forth the specific basis for any exemptions that are claimed, and submit such proof as the Department determines necessary.
(3) The certification shall be signed by an authorized representative of the producer. A producer shall submit the certification, in the form and manner determined by the department, under penalty of perjury. The certification shall include: (i) the amount, in pounds, of not post-consumer, glass or paper; and (ii) the amount, in pounds, of post-consumer recycled material used by the producer for any products subject to the requirements of this chapter, and any other information as the department deems necessary.
(4) The department may allow independent, third-party verification organizations to verify producers’ compliance with the requirements of this chapter.
Section 16. Each producer shall maintain records, in a form prescribed by the department, that demonstrate whether, how and to what extent the producer has complied with the postconsumer recycled content requirements, or whether the producer qualifies for an exemption or waiver from the postconsumer recycled content requirements. The department may adopt specific requirements for the records required to be maintained pursuant to this section and may request the records from a producer at any time. A producer shall submit records to the department no later than 30 days after receipt of a request, unless the department extends that timeframe.
Section 17. The department may audit or investigate a producer, at any time, to assess the producer’s compliance with the requirements of this chapter. Each year, the department may audit, or cause to be audited, a random sample of producers in order to determine compliance with this chapter. A producer shall cooperate fully with any audit or investigation conducted pursuant to this section. The department may require a producer to pay the costs of an audit conducted pursuant to this section.
Section 18. The department shall annually publish a list of registered producers, their compliance status and other information the department deems appropriate on the department’s website.
Section 19. Not later than 2 years after the effective date of this chapter, the department shall adopt rules and regulations necessary for the implementation of this chapter. Prior to the adoption of rules and regulations, and as necessary thereafter, the department may develop guidance as necessary for the implementation of this chapter. The department shall publish any such guidance on its website.
Section 20. Not later than 5 years after the effective date of this chapter, the department shall prepare and submit an assessment to the governor and the general court evaluating this chapter’s effectiveness in stimulating the recycling markets in the commonwealth and making any recommendations for legislative or administrative actions necessary to further the purposes of this chapter, including recommendations for whether and how the commonwealth should encourage, require or support other uses of recycled material.
Section 21. Any proprietary information or trade secrets included in any registration, certification, alternative compliance plan, corrective action plan, or any other record submitted to the department shall not be made available to the general public.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to forest management and practices guidelines
|
H894
|
HD4009
| 193
|
{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:05:27.717'}
|
[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:05:27.7166667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-23T13:37:41.4233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-10T17:49:50.0733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T18:23:06.72'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T18:40:10.39'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-08T10:16:01.7566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T15:39:58.0766667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-12T16:23:45.4333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-12T16:23:56.2966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T16:54:35.6433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-28T14:51:07.2233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-12T12:45:29.5066667'}]
|
{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-23T13:37:41.407'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H894/DocumentHistoryActions
|
Bill
|
By Representatives Sabadosa of Northampton and Saunders of Belchertown, a petition (accompanied by bill, House, No. 894) of Lindsay N. Sabadosa, Aaron L. Saunders and others relative to forest management and practices guidelines. Environment and Natural Resources.
|
SECTION 1. Section 51 of Chapter 132, as so appearing, is hereby amended by striking out subsection 2 and inserting in place thereof the following section-:
(2) promoting the development and increased use and affordability of renewable energy resources demonstrating the role of renewable energy sources and carbon sequestration in addressing the current concerns of air quality, greenhouse emissions, and forest management practices, establishing applied research and development activities that examine and promote best available control technology serving as a depository of information regarding renewable energy resources, providing consulting and technology transfer assistance to the public sector in an effort to help public institutions replicate best available practices in incorporating renewable energy strategies into existing and future construction and providing a forum for public education and training regarding renewable energy and related application;
SECTION 2. (a) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall conduct a formal review of its coordinated management guidelines for sustainable forestry practices created pursuant to section 2F of 15 chapter 21 of the general laws, as appearing in the 2020 Official Edition, and the operations of 16 the division of forest and parks, as described in chapter 132 of the general laws, as so appearing. The department will conduct the same review of the watershed lands under its care. The Division of Fisheries and Wildlife shall conduct the same review for lands and waters under the administration of the Division of Fisheries and Wildlife.
(b) The Committee on Environment, Natural Resources and Agriculture shall appoint a “Public Land Management Advisory Council” (hereinafter referred to as “Council”). The Council shall consist of nine members, including: the commissioner of the Department of Conservation and Recreation or a designee, the director of the Division of Fisheries and Wildlife or a designee, one expert in the field of plant ecology, one expert in the field of nongame wildlife and endangered species, one member from the Native Plant Trust or the Native Tree Society; one member from the Woodwell Climate Research Center; one member who has technical training and experience in the field of soil or watershed science; and two members of the public with experience in natural area conservation. The Council will coordinate and oversee the ongoing review process of both agencies.
(c) Said reviews shall occur every five years to (i) assess the efficacy of the department’s and division’s existing forest management practices to protect and preserve the commonwealth’s natural resources; (ii) review the department’s landscape designation process and make recommendations for operational improvements, increased transparency, and improved opportunities for public participation; (iii) conduct an equivalent review for the divisions’ properties; (iv) make recommendations for any statutory changes needed to improve the department’s and division’s management of public and private forest land; (v) assess opportunities to increase acreage of forest reserves, with particular consideration for old growth forests with the goals of designating a minimum of 30% of the department’s watershed lands and 30% of the division’s publicly owned wildlife management areas as reserves by December 31, 2030; (vi) make recommendations for transparency and accountability improvements for the department and the division, including, but not limited to, proposed statutory changes to codify advisory committees and administrative bodies overseeing forest management; (vii) identify opportunities for nature-based solutions to maximize the utilization of forest land to meet the commonwealth’s emissions reduction goals; (viii) assess the department’s and division’s preparedness to manage and mitigate climate change impacts on public and private forest land; (ix) assess the commonwealth’s capacity for carbon sequestration on public forest land as a method to mitigate climate change; (x) conduct an ongoing science-based review and evaluation of the impacts of land management policies and practices on biodiversity, with a goal of protecting and restoring native species to their long-term historic ranges and population levels.
(d) The forests and parks of the commonwealth now under the care, custody and control of the commissioners and subject to the formal review shall not be leased, sold, or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed, except as a response to a known forest management emergency, and no commercial activities except those essential to the quiet enjoyment of the facilities by the people shall be permitted on such lands until the department and the division have submitted their findings to the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture, pursuant to Section 4 of this act.
SECTION 3. The department and the division shall identify all existing reserve areas designated as of January 1, 2023 on lands under their authority, expand the reserves where appropriate going forward.
SECTION 4. The department and the division shall solicit public input on their forest management practices as part of the review process. Not later than March 1, 2025, the department and the division shall (i) hold no fewer than 4 public hearings in geographically-diverse regions to receive public testimony on forest management in the commonwealth and shall provide for remote participation; and (ii) solicit and accept written and electronic testimony submissions from the public. Not later than May 1, 2025, the department and the division shall release a draft report of their findings and solicit public comment for at least 30 days.
SECTION 5. The department and division shall submit their findings, along with any updated guidelines, draft regulations, recommendations for statutory changes, and written comments and summaries of oral testimony submitted during public comment periods to the clerks of the house of representatives and the senate, the joint committee on ways and means and the joint committee on environment, natural resources and agriculture not later than June 30, 2025.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to require separate carbon accounting for working lands and natural lands and to eliminate from Massachusetts net-zero carbon emissions goal any carbon offsets sold to entities outside of the Commonwealth
|
H895
|
HD3907
| 193
|
{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T15:19:05.237'}
|
[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T15:19:05.2366667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-10T17:50:01.5233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T18:23:31.99'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-23T15:40:09.0533333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-12T16:24:08.38'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-12T16:24:08.38'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-21T09:54:44.2633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-16T18:49:12.2833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-16T18:49:12.2833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H895/DocumentHistoryActions
|
Bill
|
By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 895) of Lindsay N. Sabadosa, Margaret R. Scarsdale and David Henry Argosky LeBoeuf for legislation to further regulate climate policy and regulate carbon emissions. Environment and Natural Resources.
|
Chapter 21N, Section 5, Part (xiii) as amended by Chapter 8 of the Acts of 2021 is hereby further amended by adding xiii D and xiii E as follows:
(xiii) (D) contain benchmarks, baseline measurements, measures of carbon flux, roadmap goals and plans for natural and working lands reported separately for each of the following: 1) agricultural lands, 2) forest lands managed for producing wood products, 3) forest lands in parks or reserves and not available for producing wood products, and 4) any other natural or working lands as deemed appropriate by the Secretary;
(xiii) (E) provide a full carbon accounting of all lands in the commonwealth with carbon offset contracts in effect; any lands subject to such offsets that serve the purpose of offsetting carbon emissions outside of Massachusetts shall not be counted toward meeting roadmap goals.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the Quabbin Watershed Advisory Committee
|
H896
|
HD3092
| 193
|
{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-20T09:23:11.767'}
|
[{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-20T09:23:11.7833333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-05-24T11:30:17.8366667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H896/DocumentHistoryActions
|
Bill
|
By Representative Saunders of Belchertown, a petition (accompanied by bill, House, No. 896) of Aaron L. Saunders relative to the membership of the Quabbin Watershed Advisory Committee. Environment and Natural Resources.
|
Section 13 of chapter 92A½ of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word, “and”.
Said section 13 of said chapter 92A½ , as so appearing, is hereby further amended by
inserting in line 13 after “the Friends of Quabbin, Inc.” the following words:-
“and the Belchertown Snowmobile Association of Massachusetts snowmobile club.”
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the Quabbin watershed and regional equity
|
H897
|
HD3545
| 193
|
{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-20T13:17:50.9'}
|
[{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-20T13:17:50.9'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-10-02T10:30:19.2666667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-04-27T14:19:25.2933333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-19T10:45:06.1433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-28T11:23:10.92'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-23T14:22:52.6433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T23:00:28.3533333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-23T14:19:29.21'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H897/DocumentHistoryActions
|
Bill
|
By Representative Saunders of Belchertown, a petition (accompanied by bill, House, No. 897) of Aaron L. Saunders and others relative to the Quabbin watershed and regional equity. Environment and Natural Resources.
|
SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35SSS the following section:-
Section 35TTT (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Quabbin Host Community Development Trust Fund to be used, without further appropriation, by the secretary of energy and environmental affairs for the municipal service, public safety, and development needs of Quabbin Reservoir Watershed Communities, as defined by the department of conservation and recreation, including, but not limited to, lands authorized to be taken under chapter 321 of the acts of 1927 or any successor statute granting the taking of land for a similar purpose. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. Annually, not later than October 1, a report shall be filed with the clerks of the senate and house of representatives and the house and senate committees on ways and means that shall include expenditures made and income received by the fund.
(b) All funds assessed and collected under section 21 of chapter 92A½ shall be deposited into the Quabbin Host Community Development Trust Fund. No less than 90% of funds deposited into the fund shall be expended in each fiscal year. No less than 70 per cent of expenditures by the trust in each fiscal year shall be made to Quabbin Reservoir Watershed Communities for municipal operations and capital improvements, including debt service. No more than 25 per cent of expenditures by the trust in each fiscal year shall be made to non-profit organizations directly serving the health, welfare, safety, and transit needs of Quabbin Reservoir Watershed Communities as well as the Connecticut River Basin Communities and Chicopee River Basin Communities. No more than 5 per cent of expenditures by the trust in each fiscal year shall be to communities for funding projects pursuant to section 26 of chapter 165, including costs for the operations and management of conduits, pipes, and hydrants constructed under the section.
(c) The secretary, in consultation with the several Select Boards of the Quabbin Reservoir Watershed Communities, shall establish rules and regulations for the administration of the fund.
SECTION 2. The third paragraph of section 5G of chapter 59 of the General Laws is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentences:- Said amounts to be held in trust as payments in lieu of taxes shall be made on the total acreage in question that is held by each community; provided however, that the sum of said payments shall not be less than $50,000 annually, and shall be valued in accordance with the provisions of sections 13 to 17, inclusive, of chapter 58. In no event shall any city or town receive an amount less than the payment received from the metropolitan district commission in the prior fiscal year.
SECTION 3. Chapter 92A½ of the General Laws is hereby amended by adding the following section:-
Section 21. The department shall assess the Massachusetts Water Resources Authority an amount equal to 5/100th of a dollar per 1000 gallons drawn from the Quabbin Reservoir. The executive director of the authority shall certify the previous fiscal year’s water usage to the commissioner of the department on or before August 15. The commissioner shall bill the treasurer of the authority on October 1 for said previous fiscal year's obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the department. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the Quabbin Host Community Development Trust Fund.
SECTION 4. Subsection (b) of section 3 of chapter 372 of the acts of 1984 is hereby amended by striking out the words “one member of the board of directors who is a resident of a Connecticut river basin community who represents water resources protection interests” and inserting in place thereof the following words:- 3 members of the board of directors who are residents of Connecticut river basin communities who represent land and water resources protection interests.
SECTION 5. The first sentence of subsection (d) of said section 3 of said chapter 372 is hereby amended by inserting after the word “reappointment” the following words:- ; provided, however, that no member of the board of directors shall serve for more than 12 years, except the secretary of the executive office of environmental affairs, serving ex officio.
SECTION 6. Notwithstanding any general or special law to the contrary, no later than December 31, 2023 the Massachusetts Water Resources Authority shall complete a Water System Expansion Evaluation of the Westfield River Basin communities, Chicopee River Basin communities, Connecticut River Basin communities, and Millers River Basin communities in a manner consistent with the Evaluation of Ipswich River Basin completed by the Authority in October 2022; provided, however, that notwithstanding the provisions of Sections 8 through 8D, inclusive, of chapter 21 of the General Laws, the Water Resources Commission shall not approve any interbasin transfer of water from the Quabbin Reservoir until said evaluation has been completed. The evaluation shall be made available on the Massachusetts Water Resources Authority's website and a copy shall be filed with the clerks of the house and senate and the house and senate chairs of the committee on environment, natural resources, and agriculture.
| null |
[]
|
[]
|
[]
|
[]
|
Resolve for a climate change staffing study
|
H898
|
HD3752
| 193
|
{'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-20T14:24:52.51'}
|
[{'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-20T14:24:52.51'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H898/DocumentHistoryActions
|
Resolve
|
By Representative Scarsdale of Pepperell, a petition (accompanied by resolve, House, No. 898) of Margaret R. Scarsdale for an investigation of appropriate staffing levels and resources necessary to carry out climate change response planning and strategy at the regional level. Environment and Natural Resources.
|
Resolved, Resolved, notwithstanding any general or special law to the contrary, the Office of Climate Innovation and Resilience, the Department of Environmental Protection, and representatives of the twelve Massachusetts regional planning agencies shall conduct a study to determine the appropriate staffing levels and resources necessary to carry out climate change response planning and strategy at the regional level. This study will have a particular focus on ensuring that resources for these efforts are made available for both rural and urban communities at appropriate levels.
The agencies shall file a report of their findings and recommendations with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, and the house and senate chairs of environment, natural resources, and agriculture, not later than March 31, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to liability for release of hazardous materials
|
H899
|
HD3810
| 193
|
{'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-20T14:37:22.77'}
|
[{'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-20T14:37:22.77'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-20T15:09:47.03'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-15T14:01:00.43'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H899/DocumentHistoryActions
|
Bill
|
By Representative Scarsdale of Pepperell, a petition (accompanied by bill, House, No. 899) of Margaret R. Scarsdale relative to liability for release of hazardous materials. Environment and Natural Resources.
|
SECTION 1. Section 2 of chapter 21E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Condition of substantial release migration” and inserting in place thereof the following definition:-
“Condition of substantial release migration”, (a) a release of oil or hazardous material that is likely to be transported through environmental media where the mechanism, rate or extent of transport has resulted in or, if not promptly addressed, has the potential to result in: (1) health damage, safety hazards or environmental harm; or (2) a substantial increase in the extent or magnitude of the release, the degree or complexity of future response actions, or the amount of response costs.
(b) Conditions of substantial release migration shall include, but not be limited to:
(1) releases that have resulted in the discharge of separate-phase oil or separate-phase hazardous material to surface waters, buildings or underground utilities or conduits;
(2) releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater or significantly exacerbate an existing condition of groundwater pollution;
(3) releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year;
(4) releases to the groundwater that have been or are within 1 year likely to be detected in a public or private water supply well;
(5) releases to the groundwater that have been or are within 1 year likely to be detected in a surface water body, wetland or public water supply reservoir;
(6) releases to the groundwater or to the vadose zone that have resulted in or have the potential to result in the discharge of vapors into a school, daycare or child care center or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; provided, that conditions that indicate a potential discharge of vapors into a school, daycare or child care center or occupied residential dwelling shall include, but shall not be limited to:
(i) soil or soil gas impacted with 1 or more volatile organic compounds within 6 feet, measured horizontally from the wall of the structure, and within 10 feet measured vertically from the basement floor or foundation at concentrations that are likely to discharge vapors into the structure;
(ii) 1 or more volatile organic compound in the groundwater exceed the applicable Groundwater Category GW-2 Standard within 30 feet of the structure, and the average annual depth to groundwater in that area is 15 feet or less;
(iii) volatile light non-aqueous phase liquid is present in a groundwater monitoring well, excavation, or subsurface depression within 30 feet of the structure at a measured thickness equal to or greater than 1/8 inch or .01 feet; or
(iv) evidence of vapor migration along preferential pathways at a location that is likely to result in the discharge of vapors into the structure; or
(7) any release for which a notification has been required by the department.
(c) Any person required to notify the department pursuant to section 7 shall notify the department of such condition upon obtaining knowledge thereof and shall take any appropriate and feasible response actions as may be required by the department. Notwithstanding any general or special law to the contrary, the department shall not use any other definition of condition of substantial release migration.
SECTION 2. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by inserting, after the definition of “Contain”, the following definition:-
“Critical exposure pathways”, those routes by which oil or hazardous material released at a disposal site are transported, or are likely to be transported, to human receptors via: (i) vapor-phase emissions of oil or hazardous materials into the living or working space of a pre-school, daycare, school or occupied residential dwelling at concentrations greater than indoor air threshold values for the evaluation of a vapor intrusion pathway as established by the department; or (ii) ingestion, dermal absorption or inhalation of measurable concentrations of oil or hazardous materials from drinking water supply wells located at and servicing a pre-school, daycare, school or occupied residential dwelling.
SECTION 3. Section 5C of said chapter 21E, as so appearing, is hereby amended by adding the following subsection:-
(l) A department audit of response actions at the site or portion of the site owned or operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which a permanent solution or remedy operations status exists and is maintained or has been achieved and maintained in accordance with such opinion, which (i) identifies no violations of this chapter and regulations promulgated thereto, or (ii) if such violations are identified, such violations are promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability, and the department may take no action as to such eligible person, for any releases at any property not previously identified as part of the site or any other disposal site. Notwithstanding any general or special law to the contrary, the department shall not promulgate regulations relative to this subsection.
SECTION 4. (a) Notwithstanding any general or special law to the contrary, no person shall be liable for any substantial release migration at any property not previously identified as part of a disposal site or any other disposal site if the department of environmental protection:
(i) has, at any time before the effective date of this act, performed an audit of response actions at a site, or a part of a site; and
(ii)(1) has determined that a permanent solution or remedy operations status was achieved and maintained in accordance with a waste site cleanup activity opinion or any other notification to such person; or (2) has notified such person that a violation of chapter 21E of the General Laws or any regulation was identified and promptly corrected.
(b) The department of environmental protection shall have no defense in any action or claim, nor shall the department present evidence to contest liability of an eligible person, upon a showing that a permanent solution or remedy operations status was achieved and maintained.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to pension forfeiture
|
H9
|
HD9
| 193
|
{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T14:47:14.35'}
|
[]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H9/DocumentHistoryActions
|
Bill
|
So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to pension forfeiture. Public Service.
|
SECTION 1. Paragraph (m) of subdivision 1 of section 5 of chapter 32 of the general laws, as appearing in the 2020 Official Edition, is hereby amended in line 76 by adding after the word "contrary", the following: "except as provided in section 15 of this chapter,".
SECTION 2. Section 10 of chapter 32 of the general laws, as appearing in the 2020 Official Edition, is hereby amended by striking the phrase "without moral turpitude on his part" in lines 6, 9, 84 and 126.
SECTION 3. Section 15 of chapter 32 of the general laws is hereby amended by striking everything after the title and inserting in place thereof the following new section 15.
Section 15.
(1) Initiation of Forfeiture Proceedings. Proceedings under this section may be initiated by the board or the commission. The board shall notify the member by certified mail when proceedings are initiated. If the member refuses the delivery of the mail, it shall be deemed to have been received. Unless otherwise agreed to by the parties, a hearing shall be held no less than ten days nor more than ninety days after the member has received notification. The board shall conduct the hearing pursuant to the provisions of 840 CMR 10.12. The board shall prepare and file with its clerk or secretary a certificate containing its findings and decision, copies of which shall be sent to the proper parties within fifteen days after completion of such hearing.
(2) Forfeiture of a retirement allowance upon conviction. Upon final conviction of a felony criminal offense involving violation of the laws applicable to a member's office or position or arising out of and in the course of their employment, a member shall be subject to the forfeiture provisions of this section. A retirement board, upon notification of such conviction of a member, must hold a hearing to determine whether the crimes for which a member was convicted involved the laws applicable to the member's office or position or if said criminal offenses were committed while the member was in the course of his or her employment, the total value of the member's potential retirement benefits, and the amount of said benefits which shall be forfeited. For the purposes of this section, 'criminal offense involving violation of the laws applicable to a member's office or position,' shall also include, but not be limited to, in the case of a member whose primary job responsibilities involve contact with children or any member of the Massachusetts Teachers' Retirement System or a teacher who is a member of the Boston Retirement System, a conviction for knowing purchase or possession of visual material of a child depicted in sexual conduct under section 29C of chapter 272 of the general laws, or a conviction of a sex offense involving a child as defined in section 178C of chapter 6 of the general laws whom the member has contact with as part of his or her official duties, or a conviction of any other sex offense or sexually violent offense, as those terms are defined in said section 178C, in which the victim was any person under the age of 18 whom the member had contact with as part of his or her official duties.
(3) Forfeiture amount. Any member with ten or more years of creditable service on the date of the offense who is subject to forfeiture under the foregoing paragraph (2) shall forfeit their retirement allowance as determined by the board. A member's allowance shall be reduced by either one-third, two-thirds, to a minimum allowance or their right to an allowance shall be forfeited entirely. Such minimum allowance shall be equal to the amount a member would receive in group 1 having ten years of creditable service and at the minimum age for a group 1 employee; provided that in no event shall a member whose pension has been reduced to the minimum allowance be eligible for any retirement benefit prior to reaching the minimum age for a group 1 employee; and provided further that, except in cases of total forfeiture, a reduced retirement allowance shall not be reduced below the amount of the annual annuity portion. Such reduced allowance shall be payable for the life of the member; provided that, if the member retires having elected option (c) the beneficiary shall receive, upon the death of the member, the option (c) benefit as if forfeiture had not occurred, based on the age and actual creditable service at the time of the member's retirement, if the board determines that the beneficiary (i) had no role in the illegal conduct for which the member was convicted, (ii) did not have knowledge of the illegal conduct, and (iii) did not commit nor conspire to commit the murder or voluntary manslaughter of the member upon whom the retirement allowance is based. In the event the entire allowance is forfeited, the member shall not be entitled to receive a retirement allowance under the provisions of section one to 28, nor shall any beneficiary be entitled to receive a retirement allowance under such provisions on account of such member. Further, in the event of total forfeiture, unless otherwise prohibited by law, a member or beneficiary shall receive only a return of their accumulated total deductions; provided, however, that the rate of regular interest for the purpose of calculating accumulated total deductions shall be zero. Any retirement allowance received by a member up to the decision of total forfeiture by a board shall be offset against and reduce the accumulated total deductions otherwise due the member. In determining the amount of the forfeiture the board must consider and make findings of fact relative to the following factors:
(1) the severity of the crime for which the member was convicted including the sentence imposed as well as the maximum sentence provided for by law;
(2) the amount of monetary loss suffered by the state, municipality, political subdivision, or by any other person as a result of the crime for which the member was convicted or the financial gain realized by the member;
(3) the degree of public trust reposed in the member by virtue of the member's office or position and the degree to which it was violated;
(4) if the crime was part of a fraudulent scheme against the state or political subdivision, the role of the member in the fraudulent scheme;
(5) any recommendation by the prosecuting attorney or their office to the degree of forfeiture; provided further that, any decision by a board to entirely forfeit a member's benefit shall be consistent with the recommendation of the prosecuting attorney or their office; and
(6) any such other factors as, in the judgment of the board, justice may require.
Any member who has had their retirement allowance forfeited entirely or has had a portion of their retirement allowance forfeited under this paragraph shall be ineligible to become a member of a different retirement system and is also prohibited from increasing their allowance from the forfeited amount except by cost of living increases granted pursuant to sections 102 and 103.
Any member who has had their retirement allowance forfeited entirely or has had a portion of their retirement allowance forfeited under this paragraph shall cease to be an active member of the retirement system and shall be ineligible for membership in any retirement system.
(4) Forfeiture for members having less than ten years of creditable service. Any member, having less than ten years of creditable service on the date the offense is committed, who upon conviction is subject to the provisions of this section shall forfeit all rights to a retirement allowance based upon any creditable service prior to and after the date of the offense and shall receive a return of his accumulated total deductions; provided, however, that the rate of regular interest for the purpose of calculating accumulated total deductions shall be zero. The member shall thereupon cease to be a member in the retirement system and shall be ineligible to become a member of any retirement system.
(5) Notification. If a current employer, last employer, the attorney general or a district attorney becomes aware of a final conviction of a member of a retirement system under circumstances which may require forfeiture of the member's rights to a pension, or retirement allowance pursuant to this chapter, section 59 of chapter 30 or section 25 of chapter 268A, they shall immediately notify the retirement board and the commission of such conviction.
(6) Repayment of allowance. If a member's final conviction of an offense results in a forfeiture of rights under this chapter, the member shall forfeit, and the board shall require the member to repay all benefits in excess of the allowable amount received after the date of the offense of which the member was convicted. Following a member's conviction and partial forfeiture, the member's retirement allowance will be reduced, upon such terms and conditions as the board may determine, until all excess payment amounts are recovered.
(7) Misreported Salary. In no event shall any member be entitled to receive a retirement allowance under this chapter, which is based upon a salary that was intentionally concealed from or intentionally misreported to the commonwealth, or any political subdivision, district or authority of the commonwealth. If a member intentionally concealed compensation from or intentionally misreported compensation to an entity to which the member was required to report the compensation, even if the reporting was not required for purposes of calculating the member's retirement allowance, the member's retirement allowance shall be based only upon the regular compensation actually reported to that entity or the amount reported to the board, whichever is lower. Unless otherwise prohibited by law, such member shall receive a return of any accumulated total deductions paid on amounts in excess of the compensation actually reported, but no interest shall be payable on the accumulated deductions returned to the member.
The board shall notify the commission of any proceedings commenced pursuant to this subdivision and shall provide any and all documents relating to said proceedings upon request of the commission. Notwithstanding the waiver provisions of paragraph (a) of subdivision 3 of section 21 of chapter 32 of the general laws any calculations performed pursuant to this section will be submitted to the commission for approval.
(8) Appeal of Forfeiture. Any person who is aggrieved by a decision made pursuant to this section regarding the forfeiture of all or any portion of a member's retirement allowance under this section may, within thirty days after the certification of the decision bring a petition in the superior court. This action shall be commenced in the superior court in which a member was convicted, or in Suffolk Superior Court, or in the Massachusetts Superior Court covering the geographic area in which a member resides. The court shall review all legal issues under a de novo standard, but may base its determination either on the administrative record below, or may, in its discretion, request additional evidence.
(9) Restitution. If a member has been found to have misappropriated funds or property of their employer, restitution may be made using all or a portion of the total deductions of the member on account with a retirement system. If restitution is made using the accumulated total deductions of the member on account with a retirement system then the annuity portion of any retirement allowance will be reduced when a retirement allowance becomes effective or when a retirement allowance is resumed, as the case may be. The pension portion of the retirement allowance shall remain unchanged from the allowance determined using the accumulated total deductions in the member's account prior to restitution.
SECTION 4. Subdivision 3 of section 16 of said chapter 32 is hereby amended in line 63 by striking the phrase: "or any member who is aggrieved by any action taken or decision of a board or the public employee retirement administration commission rendered with reference to his dereliction of duty as set forth in section 15,".
SECTION 5. Subdivision 3 of section 16 of said chapter 32 is hereby amended in line 113 by adding after the word "rendered": , except decisions made or actions taken pursuant to section 15 of this chapter,.
SECTION 6. Section 105 of said chapter 32 is hereby amended by adding the following paragraph;
(d) Any member having had their retirement allowance forfeited entirely or having had any portion of their retirement allowance forfeited pursuant to section 15 of this chapter shall be ineligible for reinstatement to service under the provisions of this section.
SECTION 7. Paragraph (b) of subdivision (2) of section (8) of chapter 32 is hereby amended by inserting in line 105 after the word "compensation": ; provided, however, that any member who has had their retirement allowance forfeited entirely or had any portion of their retirement allowance forfeited pursuant to section 15 shall not become an active member of the retirement system upon reinstatement but shall contribute to the deferred compensation fund established by section 64D of chapter 29.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to hemp and hemp products in the Commonwealth
|
H90
|
HD1509
| 193
|
{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T14:36:41.7'}
|
[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T14:36:41.7'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H90/DocumentHistoryActions
|
Bill
|
By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 90) of Mark J. Cusack relative to hemp and hemp products. Agriculture.
|
SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following definition:-
“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
SECTION 2. Section 1, as so appearing, is hereby further amended striking out lines 49-55 and inserting in place thereof the following definition:-
“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration percentage that does not exceed the limit set by federal law for hemp. Hemp shall be considered an agricultural commodity.
SECTION 3. Section 116 of chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the lines 4-12, and inserting in place thereof the following definitions:-
“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration percentage that does not exceed the limit set by federal law for hemp. Hemp shall be considered an agricultural commodity.
“Hemp Products”, all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to animal and human products intended for topical application such as cosmetics, personal care and grooming products; animal and human products intended for consumption such as dietary supplements, foods and beverages; and products intended for other uses such as cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.
“Tetrahydrocannabinol” or “THC”, shall have the definition as found in federal law.
SECTION 4. Chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out sections 117-123, and inserting in place thereof the following sections:-
Section 117. (a) Industrial hemp may be planted, grown, harvested, possessed, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing or research of industrial hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive.
(b) A person planting, growing, harvesting, possessing or processing industrial hemp shall be licensed by the department;
(c) No person shall produce or distribute industrial hemp seed without a license issued by the department.
(d) A person utilizing industrial hemp for research shall register with the department.
(e) An application for a license issued pursuant to subsection (b) or (c) shall include, but not be limited to: (i) the name and address of any applicants; (ii) the name and address of the industrial hemp operation of the applicant; (iii) the global positioning system coordinates and legal description of the property used for the industrial hemp operation; (iv) the acreage size of the field where the industrial hemp will be grown, if applicable; (v) a written consent allowing the department to conduct both scheduled and random inspections of and around the premises on which the industrial hemp is being sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount which shall be established by the commissioner; (vii) any other information as may be required pursuant to subsection (d); and (vii) any other information as may be required by the commissioner.
(f) All documents included in an application for licensure submitted under subsection (e) except for the address of a licensee’s cultivation or production facilities and any documents describing, depicting or otherwise outlining a licensee’s security schematics or global positioning system coordinates, which are considered by the department to be confidential in nature due to their public safety implications, shall be considered public records for the purposes of chapter 66.
Section 118. (a) After receipt, review and approval of an application for licensure pursuant to section 117, the commissioner may grant an annual license upon issuance of written findings that the requirements of sections 116 to 123, inclusive, have been satisfied.
(b) The commissioner shall deny an application for a license filed pursuant to section 117 if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections 116 to 123, inclusive; or (ii) for good cause shown.
Section 119. The commissioner shall suspend, revoke or refuse to renew the license of a person who violates sections 116 to 123, inclusive, following appropriate process in accordance with chapter 30A.
Section 120. (a) The department and the commissioner shall promulgate rules and regulations for the implementation, administration and enforcement of sections 116 to 123, inclusive.
(b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if the regulation is necessary to protect the interests of the commonwealth in regulating industrial hemp.
Section 121. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp or industrial hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.
Section 122. (a) Notwithstanding any other provision of law to the contrary, dietary supplements, food or food products that contain hemp or any part of the hemp plant, including the seeds and all naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, isomers, acids, salts, salts of isomers or cannabidiol derivatives, are not considered to be adulterated or misbranded based solely on the inclusion of hemp or any part of the hemp plant. The marketing, sale or distribution of dietary supplements, food or food products within the commonwealth that contain hemp or any part of the hemp plant may not be restricted or prohibited based solely on the inclusion of hemp or any part of the hemp plant. The label of a hemp product may not make any claims that food or food products that contain hemp can treat, cure or prevent any disease without approval pursuant to federal law.
(b) Hemp and hemp products cultivated and manufactured in other states pursuant to a USDA approved hemp program, or produced lawfully under the laws of another state, tribe, or country, may be sold within the Commonwealth.
(c) Notwithstanding any other law, derivatives of hemp, including hemp-derived cannabidiol, may be added to animal and human products intended for topical application such as cosmetics, personal care and grooming products and animal and human products intended for consumption such as dietary supplements, foods and beverages, and such an addition is not considered an adulteration of such products.
(d) The THC found in hemp and being within the federally defined THC level for hemp shall not be considered to be THC in qualifying as a controlled substance.
Section 123. The department may establish civil administrative fines for violations of sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section or a licensure action under section 119 may appeal by filing a notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.
| null |
[]
|
[]
|
[]
|
[]
|
An Act authorizing the release of a restriction on certain parcels of land in Freetown
|
H900
|
HD982
| 193
|
{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:40:46.523'}
|
[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:40:46.5233333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-26T10:43:11.83'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H900/DocumentHistoryActions
|
Bill
|
By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 900) of Paul A. Schmid, III that the Department of Conservation and Recreation be authorized to release a restriction on certain land in the town of Freetown. Environment and Natural Resources.
|
SECTION 1: Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall release a restriction described in a deed recorded in the Bristol Fall River district registry of deeds in book 1039, page 432, upon the portion of the land described by deeds recorded in the Bristol Fall River district registry of deeds in book 8622, page 93 and book 9987, page 122.
| null |
[]
|
[]
|
[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
|
[]
|
An Act providing parks pass waiver for veterans
|
H901
|
HD984
| 193
|
{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:41:51.24'}
|
[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:41:51.24'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-10T10:40:08.4033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H901/DocumentHistoryActions
|
Bill
|
By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 901) of Paul A. Schmid, III and Michelle M. DuBois for legislation to exempt veterans from Division of State Parks and Recreation fees. Environment and Natural Resources.
|
SECTION 1: Chapter 132A Section 2D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “Purple Heart recipient” in line 17, the following words: - , a veteran
| null |
[]
|
[]
|
[]
|
[]
|
An Act promoting drinking water quality for all
|
H902
|
HD3322
| 193
|
{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T11:57:28.033'}
|
[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T11:57:28.0333333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-08-23T16:39:31.52'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-23T12:43:50.71'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-02T14:38:01.0433333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-11T06:07:19.4433333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-10T11:12:06.9433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T08:45:25.3766667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T10:48:11.93'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T15:18:17.68'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-27T14:08:53.9166667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-04-11T12:21:34.2133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-07T16:04:46.0166667'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-20T15:46:19.1066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:15:23.36'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-04-18T15:38:35.0633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:21:59.6866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-02T09:26:20.48'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-07-27T12:23:44.4166667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-10-04T15:10:01.36'}]
|
{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T11:57:28.033'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H902/DocumentHistoryActions
|
Bill
|
By Representatives Sena of Acton and Pignatelli of Lenox, a petition (accompanied by bill, House, No. 902) of Danillo A. Sena, Smitty Pignatelli and others relative to the quality of drinking water from private wells. Environment and Natural Resources.
|
SECTION 1. Chapter 21G of the General Laws is hereby amended by inserting after section 20 the following section:-
Section 21: Private Wells Drinking Water Quality
(a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-
“Private well”, a well that provides water for human consumption and consists of a system that has less than 15 service connections and either: (1) serves less than 25 individuals or (2) serves an average of 25 or more individuals daily for less than 60 days of the year.
''Burden”, the time, effort or financial resources expended by persons to generate, maintain or provide information to or for a governmental agency, including the resources expended for: reviewing instructions; acquiring, installing and utilizing technology and systems; adjusting the existing ways to comply with any previously applicable instructions and requirements; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information.
''Department'', the department of environmental protection.
“Commissioner”, the commissioner of the department of environmental protection.
(b) The commissioner shall issue regulations to be known as the minimum standards for private wells. The code shall address matters affecting the environment and the well being of the public of the commonwealth over which the department takes cognizance and responsibility including, but not limited to, standards for private wells used for human consumption.
(c) A duly certified well driller registered in the commonwealth may construct or modify a private well. The department may opt to not conduct an inspection of a private well if the transfer is of residential real property, and is between the following relationships: (1) between current spouses; (2) between parents and their children; (3) between full siblings; and (4) where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.
(d) With regard to the enforcement of this section, including requirements related to forms utilized by local boards of health, the commissioner shall evaluate practices, which would minimize the paperwork burden for individuals, small businesses, contractors, state and local governments and their agents, and strive to ensure the greatest possible public benefit from and maximize the utility of information collected, created, maintained, used, shared and disseminated by or for the purpose of the code and to reduce the number of copies required for official use. Local boards of health shall enforce said code in the same manner in which local health rules and regulations are enforced.
(e) The department and local boards of health shall have concurrent authority to enforce said code against any violator. Actions to enforce said code may be brought in the superior court.
SECTION 2. Item 1231-1020 of section 72 of chapter 204 of the acts of 1996, as amended by section 54 of chapter 365 the acts of 1996, is hereby further amended by inserting after the word “called” the following words:- , and to assist homeowners with treatment systems to ensure that drinking water from private wells meets primary standards for recommended concentration limits of contaminants as specified by public drinking water standards issued by the department of environmental protection and the standards required under section 21 of chapter 21G; provided further, that the department of environmental protection shall determine the requirements for loan guarantees and interest subsidies for an eligible project; provided further, that the department of environmental protection may subcontract the administration of this program to public authorities and other public instrumentalities of the commonwealth; provided further, that the board of health of a city or town in which a proposed project shall be undertaken, or the department of environmental protection shall determine if a homeowner’s proposed project is an eligible private well remediation project as specified by public drinking water standards issued by the department; provided further, that for purposes of this program, an eligible project shall mean a project to construct a treatment system for a private well that a board of health of a city or town or the department of environmental protection determines is out of compliance with public drinking water standards issued by the department or a septic system that a board of health of a city or town determines is out of compliance with Title V.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring nonlead ammunition when taking wildlife
|
H903
|
HD2594
| 193
|
{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-19T14:43:19.473'}
|
[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-19T14:43:19.4733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H903/DocumentHistoryActions
|
Bill
|
By Representative Sena of Acton, a petition (accompanied by bill, House, No. 903) of Danillo A. Sena relative to requiring lead free ammunition when taking wildlife. Environment and Natural Resources.
|
SECTION 1. Section 3 of chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amending by inserting after the third paragraph the following paragraph:-
The secretary shall compile annually a report providing information on the enforcement of section 5(c) of chapter 131 during the preceding calendar year. The secretary shall submit a copy of such report annually to the joint committee on environment, natural resources and agriculture and make such report available to the public. The report shall include, but not be limited to:
(a) The number of reported violations of section 5(c) of chapter 131, in the commonwealth and by municipality;
(b) An accounting of penalties relating to violations of section 5(c) of chapter 131, in the commonwealth and by municipality; and
(c) Efforts made to enforce section 5(c) of chapter 131, in the commonwealth and by municipality.
SECTION 2. Section 1 of said chapter 131, as so appearing, is hereby amended by inserting after the thirtieth paragraph the following paragraph:-
“Nonlead ammunition”, ammunition containing less than one percent of lead.
SECTION 3. Said chapter 131 is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-
Section 5.
(a) The director:
(1) shall declare an open season on fish, birds, reptiles, amphibians or mammals in any county where such open season seems advisable;
(2) may make rules and regulations relating to the time and length of the open season, bag limits, possession limits, methods of taking, time and methods of reporting and all other matters pertaining to the open season as the director may consider necessary and expedient; and
(3) may suspend or modify the open season whenever in the director’s opinion such action becomes necessary.
(b) The director shall establish rules and regulations providing for an annual 2-day deer hunt for persons with paraplegia and no fee shall be charged for a special hunting license issued to a person with paraplegia under the provisions of this section. The director shall determine the dates and area for this hunt; provided, however, that no deer hunt for persons with paraplegia shall be authorized in any area where hunting is prohibited by any special or general law.
(c) Birds or mammals shall only be taken with nonlead ammunition.
(1) The director shall certify compliant ammunition as nonlead ammunition. The director shall establish and update a list of certified ammunition at least annually, including but not limited to, federally approved nontoxic shotgun ammunition.
(2) The director shall notify hunters of this subsection’s requirements, including but not limited to, through publication on the division’s website.
(3) Any person who uses lead ammunition to take a bird or mammal shall be punished by a fine of not less than $100 nor more than $250, or by imprisonment for not more than 30 days, or both such fine and imprisonment.
(4) This subsection shall not apply to government officials or their agents when performing a duty required by law.
(d) Rules and regulations made under authority of this section shall be subject to the approval of the fisheries and wildlife board as defined in section 7 of chapter 21, not less than 3 members of which, together with the director, shall hold a public hearing with regards thereto, and such rules and regulations shall be subject to the provisions of section 37 of chapter 30.
(e) The director, without hearing, but with the approval of the fisheries and wildlife board, may adopt regulations declared by the director to be emergency regulations necessary for the immediate management or control. Such emergency regulations may be limited in time but shall not remain in effect for a period longer than 90 days.
(f) Except as provided in rules and regulations made under the authority of this section, and except as otherwise provided in this chapter, a person shall not fish, hunt or trap or have in a person’s possession any fish, bird, reptile, amphibian, mammal or carcass or part thereof, but this section shall not be construed to prohibit the hunting, taking or possession of any English sparrow, crow, jay, starling, chipmunk, fox, flying squirrel, red squirrel, porcupine, skunk, weasel, wildcat or woodchuck whenever such hunting, taking or possession is otherwise lawful.
SECTION 4. Section 90 of said chapter 131, as so appearing, is hereby amended by striking out “Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment” in the first paragraph and inserting in place thereof the following:-
Whoever violates any provision of section 5, 10, 11, 30, 32, 35, 36, 38, 47, 49, 50, 51, 53, 54, 57, 58, 59, 62, 69, 71, 72, 80, 82, 83, 84, or 85, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than $100 nor more than $250, or by imprisonment for not more than 30 days, or both such fine and imprisonment;
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to increased protection of wildlife management areas
|
H904
|
HD3519
| 193
|
{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T13:12:30.327'}
|
[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T13:12:30.3266667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-10-11T10:22:19.1766667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-29T14:10:37.1566667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-08T12:40:11.9166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-13T08:21:54.7866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:19:20.28'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:45:18.7366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T12:47:20.48'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-09-25T16:06:24.0933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:34:41.27'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-09-12T12:11:32.31'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T16:02:36.7733333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-02T11:37:09.9833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H904/DocumentHistoryActions
|
Bill
|
By Representative Sena of Acton, a petition (accompanied by bill, House, No. 904) of Danillo A. Sena and others relative to wildlife management areas. Environment and Natural Resources.
|
SECTION 1. Chapter 131 of the General Laws is hereby amended in Section 6 by inserting the following-
(4) The director shall identify, mark and inform the public regarding all existing designated reserve areas on the lands referred to as Wildlife Management Areas under its control as of the date of passage of this law.
(5) On or before January 1, 2030, the department shall designate a minimum of 30% of all Wildlife Management Area lands under its control as Wildlife Management Area Nature Reserves. Further designations shall be made as additional lands are acquired in order to maintain the minimum of 30% at all times.
The Council, pursuant to section 6(6) shall identify lands and waters as Nature Reserves in accordance with the following criteria, which include areas that: contain a significant proportion of trees that are very large, older than 100 years in age, or otherwise exceptional; encompass or build on large blocks of contiguous forest; contain forest interior habitats; encompass wetlands, riparian areas, or headwaters of streams; include Living Waters critical watersheds; provide connectivity with existing reserves and other core natural areas; include valley bottom land; have a high capacity for ongoing carbon capture and storage; contribute to the mitigation of climate change impacts; are representative of all ecoregions in the state; provide geographic redundancy to ensure against catastrophic disturbances; support viable rare or imperiled natural communities; have unique or unusual ecological significance; or have archeological or historical importance.
The Council may from time to time review these selection criteria to ensure they are consistent with available scientific evidence and always serve to enhance ecological protection and public welfare.
(6) The secretary of the Executive Office of Energy and Environmental Affairs shall appoint a “Wildlife Management Area Nature Reserves Council,” hereinafter referred to as the Council, to oversee the designation and management of the Nature Reserves, and to suggest additional acquisitions to enhance the ecological value of the Nature Reserve program as a whole. The Council shall consist of eight members, including: the director of the Division of Fisheries and Wildlife or a designee; two members of the Natural Heritage and Endangered Species Advisory Committee, appointed pursuant to Chapter 131 Section five B, who have technical training and experience, one in the field of plant ecology and one in the field of nongame wildlife and endangered species; one member from the Native Plant Trust or the Native Tree Society; one member from the Woodwell Climate Research Center; one member who has technical training and experience in the field of soil or watershed science; and two members of the public with experience in natural area conservation.
The members of the council shall be reimbursed for their necessary expenses incurred in the performance of their duties. Each member shall be appointed for a term of three years, except that for the initial term, three members shall be appointed for one year, three members shall be appointed for two years and two members shall be appointed for three years. Any person appointed to fill a vacancy shall serve for the unexpired term. Any member shall be eligible for reappointment.
The council's duties shall include advising the division on policies and rules and regulations concerning nature reserves, consulting with the division regarding the nomination of potential Nature Reserves, assisting in the preparation of a plan for each Nature Reserve, and advising the division on budgetary matters related to such Nature Reserves. The council shall submit a biennial report to the governor on or before May first of such year, describing the condition of each Nature Reserve, outlining any actions taken by the council since the last report, and making any recommendations related to the Nature Reserve program which the council deems necessary.
(7) Wildlife Management Area Nature Reserves established in accordance with the provisions of this section shall be monitored and maintained as nearly as possible in its natural condition, and as defined in Chapter 31 section 1, and shall be used in a manner and under limitations consistent with its status as a Nature Reserve, without impairment or artificial development for the public purposes of present or future scientific research and education, and of providing a habitat for plant and animal species, communities and other natural objects and for preservation of areas representative of the significant habitats and ecosystems of the commonwealth.
The division shall, after a determination that said parcel qualifies as a Wildlife Management Area Nature Reserve, hold a public hearing thereon in accordance with the provisions of Chapter 30A.
SECTION 2. Chapter 131 of the General Laws is hereby amended in Section 1by inserting the following-
“Wildlife Management Area Nature Reserve,” an area permanently designated by Division of Fisheries and Wildlife that conserves intact ecosystems that are influenced primarily by natural processes. Management priorities will include: biodiversity maintenance, nutrient cycling and soil formation, long‐term carbon sequestration, protection of late-successional and old growth forest habitats, and opportunities for wilderness recreation. The timber in these Nature Reserves shall not be sold, removed, or destroyed. Vegetation management shall be allowed in circumstances where historical and scientific data prove such action is necessary to: ensure public health and safety; provide fire protection and prevention; remove invasive species or pests; restore or protect habitats for rare or endangered species and exemplary or rare natural communities; control erosion and stabilize soils; maintain existing agricultural fields, vistas, and hiking trails; or meet other regulatory requirements. Creation of new fields, vistas, and wildlife openings is prohibited. The application of pesticides or herbicides shall not be permitted unless there is a clear threat to public health and safety, as determined by the Massachusetts Department of Public Health.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to create a Merrimack River collaborative
|
H905
|
HD3935
| 193
|
{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-20T15:22:47.23'}
|
[{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-20T15:22:47.23'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:28:31.9266667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-04-12T11:51:26.8466667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-12T11:51:26.8466667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-29T16:15:28'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-29T16:15:28'}]
|
{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:22:47.23'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H905/DocumentHistoryActions
|
Bill
|
By Representative Shand of Newburyport and Senator Tarr, a joint petition (accompanied by bill, House, No. 905) of Dawne Shand and Bruce E. Tarr for legislation to establish a Merrimack River collaborative. Environment and Natural Resources.
|
There shall be a Merrimack River Collaborative to serve as a coordinating entity for efforts
associated with the health of the Merrimack River in order to monitor, improve, and restore
water quality. The Commission shall employ methods and strategies to advance the following
goals:
(i) Convene and maintain a working group associated with addressing water quality in the Merrimack River
(ii) Improve public education and access to information regarding Merrimack River water quality
(iii) Advance the standardization and availability of water quality monitoring data along the river
(iv) Advance knowledge and monitoring efforts of known and emerging pollutants
(v) Identify and support legislation and priority implementation projects to improve water quality
(vi) Connect MRC members and associated communities with grant and other funding opportunities aligned with MRC goals.
The Merrimack Valley Planning Commission shall be charged with managing and overseeing the Collaborative in collaboration with the Merrimack River Watershed Council and the Northern Middlesex Council of Governments. The Collaborative shall consist of members or designees that may include, but will not be limited to, representation from the following: Federal and State legislative offices, Municipal Mayors, Town Managers, and Town Administrators as well as their Boards of Health and Conservation Commissions representing communities along the Merrimack River, State entities including the Department of Environmental Protection, Department of Public Health, and the Massbays National Estuary Partnership, Non-Governmental Organizations including the Alliance of Climate and Environmental Stewards,Groundwork Lawrence, and Lowell Parks and Conservation Trust, and local Universities
including University of Massachusetts Lowell and Northern Essex Community College. The Commission shall solicit membership from analogous organizations with similar missions along the New Hampshire component of the Merrimack River.
Appointments to the Collaborative shall be made not later than 30 days after the effective date of this act. Each proposed member organization shall be approved by the designated convening bodies. Following approval, the chief executive officer of each member organization shall
appoint themselves or a representative to serve as a member of the Collaborative Members shall not receive compensation for their services associated with Merrimack River Collaborative.
The Collaborative may select and contract with independent consultants to assist with leading and managing public hearings, collecting, and analyzing data and information, completing yearly reports, and any other activities to achieve the goals of the Collaborative.
The Collaborative may conduct a series of public hearings to receive testimony and collect data. The hearings shall be held in geographic locations bordering the Merrimack River. The Collaborative shall produce an annual report. This report shall address accomplishments to date, outline forthcoming efforts as related to the Collaborative’s overarching goals, and make recommendations regarding appropriate measures to ensure the present and future health of the Merrimack River.
The Collaborative shall submit an annual report documenting its accomplishments and forthcoming efforts no later than December 15th of each year. This report, together with any proposed legislation, shall be submitted to the clerks of the Senate and House of Representatives.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to accelerate and streamline wetlands restoration
|
H906
|
HD1988
| 193
|
{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-19T07:54:35.27'}
|
[{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-19T07:54:35.27'}, {'Id': None, 'Name': 'David O’Neill', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T09:36:15.5066667'}, {'Id': None, 'Name': 'Nicie Panetta', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T09:39:30'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-21T13:46:08.2633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-04-12T11:50:57.36'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-29T16:15:06.0166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-29T16:15:06.0166667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-06-29T16:15:06.0166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H906/DocumentHistoryActions
|
Bill
|
By Representative Shand of Newburyport, a petition (accompanied by bill, House, No. 906) of Dawne Shand and others for legislation to accelerate and streamline wetlands restoration. Environment and Natural Resources.
|
Notwithstanding any special or general law to the contrary, the secretary of energy and environmental affairs shall undertake a Wetlands Restoration Streamlining Initiative to coordinate permitting pathways in support of innovative, nature-based, wetlands restoration projects.
The secretary shall designate a coordinator to lead the Initiative. The coordinator shall engage and organize state agencies including, but not limited to, the environmental policy act office, department of environmental protection, office of coastal zone management, division of fisheries and wildlife, natural heritage and endangered species program, division of marine fisheries, and division of ecological restoration, and any relevant federal agencies, to: (a) expedite nature-based wetlands restoration projects and coordinate permits for such projects; (b) align regulatory processes with the commonwealth’s climate mitigation, adaptation, and resiliency goals; (c) create a streamlined agency project review process; (d) expedite interagency permitting efforts; (e) limit the trial time of nature-based restoration techniques that have established standards or credible evidence showing benefit and manageable risk; and (f) provide technical assistance and support to state, nonprofit and municipal project proponents to expedite the permitting process to restore wetlands.
The coordinator shall also consult experts including academic and practitioner scientists, municipalities, environmental nonprofits, state and federal agencies, and staff administering state resiliency and ecological restoration programs to identify permitting and funding challenges and solutions to streamline and accelerate nature-based restoration projects.
The coordinator shall only support nature-based solutions projects as defined by section 1 of chapter 21N.
In consultation with experts and state agencies, the coordinator shall make the following recommendations: (a) regulatory reforms for nature-based wetlands restoration projects; (b) funding opportunities to address financial barriers and inequities created by state permitting requirements; and, if necessary, (c) recommendations for legislation to authorize such reforms. Reforms may include, but are not limited to, the promulgation of policies, guidelines, waivers, exemptions, and general permits for specific techniques; the clarification and improvement of regulatory definitions; and the adjustment of thresholds and size limits for landscape scale projects. Reforms shall include a recommendation for a general, unified permitting process for categories of wetlands restoration, including both coastal and freshwater wetlands, designed to enable state permitting to be completed within three months of submission of a complete application.
Not later than 90 days after passage of this act, the coordinator shall ensure agency staff have been identified and convened and shall address delays in pending permit applications for salt marsh restoration projects. Not later than 180 days after passage of this act, the coordinator shall produce draft proposals for stakeholders and agency staff, which shall include technical clarifying definitions and interpretations. Not later than 12 months after the passage of this act, the coordinator shall submit final recommendations to the secretary, the house and senate committees on ways and means, and the joint committee on environment, natural resources, and agriculture.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the conservation of striped bass
|
H907
|
HD721
| 193
|
{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:28:30.267'}
|
[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:28:30.2666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H907/DocumentHistoryActions
|
Bill
|
By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 907) of Thomas M. Stanley relative to the Atlantic striped bass. Environment and Natural Resources.
|
SECTION 1. Section 100A of chapter 130 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following sentences: - (a) Commercial harvesting and sale of wild striped bass shall be prohibited in the Commonwealth except as provided for in section 2. The director, with the approval of the marine fisheries advisory commission, shall adopt rules and regulations relative to the taking and possession of wild striped bass by recreational angling. (b) All aquaculture raised striped bass for sale in the commonwealth shall bear the tag of the grower or distributor of the fish. (c) Whoever violates any rules or regulations made pursuant to this section shall be punished by a fine of not less than $200 for each fish taken or possessed for the first violation, five hundred dollars for each fish taken or possessed for the second violation and for each subsequent violation shall be fined one thousand dollars for each fish taken or possessed or imprisoned not more than sixty days or both. No part of any fine imposed for the taking or possession of any striped bass in violation of any such regulation shall be remitted.
SECTION 2. (a) Commercial harvesting and sale of wild striped bass shall be permitted for individuals owning commercial licenses on December 31, 2022 who can historically demonstrate over the preceding 5 years that they have averaged an annual landing and sale of more than 1000 pounds of striped bass based on records made available to the Massachusetts Division of Marine fisheries. Provided further, however, the Director of the Massachusetts Division of Marine Fisheries may provide hardship relief from this limit if a license holder for the past five years can demonstrate a legitimate hardship causing him or her to land less than an average of 1000 pounds. (b) The Director of the Massachusetts Division of Marine Fisheries shall calculate the commercial catch limit based on the 5 year average annual landings and sale of pounds of striped bass by said commercial fishermen as so defined in Section 2 (a). (c) Should a commercial license holder retire his license, the Massachusetts Division of Marine Fisheries shall reduce the total commercial take allowed by the average landings of said individual operating under said license for the previous five years. (d) In no case shall any new commercial licenses be granted or shall licenses be transferred or sold. (e)If a commercial striped bass license holder fails to report no catch or if they report not catching any striped bass for two consecutive years, their striped bass commercial license shall not be renewed. (f) All Commercial Fishermen shall annually be required to report their catch to the Massachusetts Division of Marine Fisheries within 90 days after the close of the commercial striped bass season. Failure to comply with this requirement shall cause said individuals license not to be renewed for the next season. Provided further, however, the Director of the Massachusetts Division of Marine Fisheries may waive any penalties associated with a late filing of said report if said commercial fisherman can demonstrate a legitimate hardship. (g) Nothing in this act shall preclude the Director of Marine Fisheries or the Marine Fisheries Advisory Board from limiting, curtailing or suspending the recreational or commercial catching and landing of striped bass should the fishery conditions worsen that the fishery is in jeopardy of sustaining itself. (h) Notwithstanding any special or general law to the contrary, the issuing of commercial striped bass licenses shall cease as of January 1, 2027.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the conservation of Atlantic striped bass
|
H908
|
HD723
| 193
|
{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:32:25.57'}
|
[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:32:25.57'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H908/DocumentHistoryActions
|
Bill
|
By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 908) of Thomas M. Stanley for an investigation by a special commission (including members of the General Court) relative to the status of wild striped bass in the Commonwealth. Environment and Natural Resources.
|
SECTION 1. There shall be a special commission to examine the status of wild striped bass in the Commonwealth.
SECTION 2. The commission shall examine and assess the impact that commercial harvesting and recreational fishing have upon the population and viability of wild striped bass in the Commonwealth.
SECTION 3. The commission shall consist of a member of the Senate appointed by the President of the Senate; a member of the House of Representatives appointed by the Speaker of the House of Representatives; a member of the Senate appointed by the Senate Minority Leader; a member of the House of Representatives appointed by the House Minority leader; the Secretary of the Executive Office of Energy and Environmental Affairs or his designee; the Secretary of the Executive Office of Health and Human Services or his designee; the Secretary of the Executive Office of Housing and Economic Development or his designee; a representative from the commercial fishing industry; a representative from the sports fishing industry; a representative of Stripers Forever, 3 independent representatives from the marine science industry who are experts in fisheries, to be chosen by the governor. The members of the commission shall be appointed not later 90 days after the effective date of this act and shall serve until the completion of the report.
SECTION 4. The commission shall hold public hearings in Gloucester, New Bedford, Boston, and on Cape Cod to assist in the collection and evaluation of data and testimony.
SECTION 5. The commission shall prepare a written report detailing its findings and recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The commission shall submit its report to the governor, the secretary of the commonwealth, the clerks of the Senate and House of Representatives, the house and senate committees on ways and means, and the joint committee on environment, natural resources and agriculture not later than December 31 of 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to a cranberry water use transfer program
|
H909
|
HD593
| 193
|
{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-13T16:13:24.29'}
|
[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-13T16:13:24.29'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-13T16:22:55.4133333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T17:30:00.67'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T11:14:38.3433333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-23T11:14:53.72'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-23T11:15:08.4833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-23T11:15:33.9633333'}]
|
{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-13T16:13:24.29'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H909/DocumentHistoryActions
|
Bill
|
By Representative Straus of Mattapoisett and Senator Moran, a joint petition (accompanied by bill, House, No. 909) of William M. Straus, Susan L. Moran and others relative to a cranberry water use transfer program. Agriculture.
|
SECTION 1. Notwithstanding any general or special law to the contrary, the Executive Office of Energy and Environmental Affairs shall provide authorization that cranberry water use registrations and permits issued pursuant to M.G.L. Chapter 21G can be used for mitigation by other municipal permitted or registered users within the same watershed, provided that users obtain the appropriate registrations and permits issued pursuant to M.G.L. Chapter 21G for the new water use.
| null |
[]
|
[]
|
[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
|
[]
|
An Act addressing the impact of climate change on farms and fisheries
|
H91
|
HD3130
| 193
|
{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:23:33.777'}
|
[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:23:33.7766667'}, {'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-20T10:44:04.31'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T10:44:12.9133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-03T15:10:17.6233333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-03T15:44:51.77'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T13:17:35.8566667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:22:58.2533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H91/DocumentHistoryActions
|
Bill
|
By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 91) of Mindy Domb and others for legislation to establish a separate fund to be known as the agriculture and fishery vulnerability preparedness grant fund to address the impact of climate change on farms and fisheries. Agriculture.
|
SECTION 1. Chapter 29 of the General Laws is hereby amended by adding the following section:-
Section 2RRRRR. Agriculture and Fishery Vulnerability Preparedness Grant Fund
(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agriculture and Fishery Vulnerability Preparedness Grant Fund. The fund shall be administered by the secretary of energy and environmental affairs, in consultation with the commissioner of the department of agricultural resources and the commissioner of the department of fish and game. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund; provided, however, that such contributions shall not be further restricted by the donor or used by the commonwealth for any other purpose. Any bond proceeds deposited into the fund shall be kept separate from any and all other funds deposited into the fund.
(b) The public purpose of this fund shall be to administer the agriculture and fishery vulnerability preparedness grant program to support farms and fisheries in Massachusetts to begin the process of planning for climate change adaptation and resiliency and implementing priority projects. In furtherance of this public purpose, the secretary, in consultation with the departments, shall administer the fund as grants to farms and fisheries to support controlled climate growing, energy efficiency, renewable energy, climate resilient management practices, nature-based solutions to climate impacts, infrastructure needs to support climate resilience, development and implementation of data collection and monitoring to measure the impact of these investments, and other eligible purposes as determined by the secretary and the commissioners. Program funds shall be awarded to applicants from each eligible sector proportionate to the amount of funds requested by applicants in each eligible sector. Technical assistance with application submission and program implementation shall be offered to applicants and awardees respectively.
(c) The secretary shall promulgate rules and regulations for the administration and implementation of subsections (a) and (b). The secretary shall file any policies, rules and regulations with the joint committee on environment, natural resources and agriculture for review and comment at least 30 days before the effective date of the policies, rules or regulations.
(d) The secretary shall file a quarterly report with the house and senate committees on ways and means, the joint committee on environment, natural resources and agriculture, and the clerks of the house and the senate on the following: (i) a list of grant applicants and the counties in which they are located, (ii) list of grant recipients and the counties in which they are located, (iii) the amount of funds requested by applicants, (iv) the associated grant amounts, (v) the applicant’s sector as categorized by farm or fishery, (vi) an annual statement detailing the sources and uses of funds, (vii) a forecast of future payments based on current binding obligations, and (viii) a detailed breakdown of the purposes and amounts of administrative costs charged to the fund.
SECTION 2. Section 1 shall take effect immediately upon the passage of this act.
| null |
[]
|
[]
|
[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
|
[]
|
An Act establishing a commission to study dredging needs for recreational boating in Commonwealth waterways
|
H910
|
HD419
| 193
|
{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:45:59.543'}
|
[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:45:59.5433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H910/DocumentHistoryActions
|
Bill
|
By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 910) of William M. Straus for an investigation by a special commission to study dredging needs for recreational boating in Commonwealth waterways. Environment and Natural Resources.
|
SECTION 1. (a) There shall be established, under the Executive Office of Energy and Environmental Affairs, a commission to research and review dredging needs for recreational boating in Commonwealth waterways. Within one year, the Commission shall report to the legislature on recommendations for how to: (i) fund such dredging projects; (ii) streamline the permitting process for such dredging projects; (iii) reduce the costs associated with permitting such projects; and (iv) identify disposal options, all for the purpose of maintaining and, where appropriate, improving recreational boating access to the Commonwealth’s waterways. Special attention shall be given to Commonwealth owned sediments requiring dredging to maintain recreational boating access, irrespective of what entity owns or operates the boating facilities associated therewith.
(b) (1) The commission shall have 9 members: 1 member to be appointed by the governor, 1 member to be appointed by the secretary of energy and environmental affairs; 1 member to be appointed by the president of the senate for a term of 2 years; 1 member to be appointed by the speaker of the house of representatives for a term of 2 years; 1 member to be appointed by the senate minority leader, for a term of 2 year; and 1 member to be appointed by the minority leader of the house of representatives; the Secretary of Energy and Environmental Affairs, ex-officio and the Secretary of Housing and Economic Development, ex-officio. Each member of the commission shall be an expert with experience in at least one of the following fields: the business of recreational boating; environmental policy, public policy, economic development or ocean management. At least one member shall be a director of a statewide non-profit organization dedicated to the business of recreational boating. One of the members shall be appointed by the governor to serve as chairperson of the commission. The Executive Office of Energy and Environmental Affairs shall provide meeting space and administrative support to the commission.
(2) The members of the commission shall receive no compensation for their services, other than as may be already provided for due to their position outside the commission. The commission may receive such funds to carry out its mission as may be authorized and appropriated or donated from time to time.
(3) The powers of the commission shall be advisory.
(4) The commission may request from all state agencies such information and assistance as the commission may require, which shall be provided as promptly as is reasonably practicable. The commission may also request such information from companies and organizations with state contracts that provide services relative to the scope of the commission, which shall also be provided as promptly as is reasonably practicable.
(5) The commission shall convene its first meeting within one month of appointment and shall submit its first report of recommendations not later than one year from appointment with the clerks of the house of representatives and the senate who shall forward a copy of the report to the house and senate chairs of the Joint Committee on Environment, Natural Resources and Agriculture and the Governor.
| null |
[]
|
[]
|
[]
|
[]
|
An Act authorizing permitting by the Massachusetts Department of Fish and Game
|
H911
|
HD3175
| 193
|
{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-20T10:29:58.797'}
|
[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-20T10:29:58.7966667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H911/DocumentHistoryActions
|
Bill
|
By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 911) of William M. Straus relative to capturing and trapping furbearing mammals. Environment and Natural Resources.
|
Chapter 131 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking section 80A in its entirety and inserting in place thereof the following section:-
Section 80A. Notwithstanding any other provision of this chapter, a person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing furbearing mammals, except nets, box or cage type traps, or quick kill traps as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey’s type live trap for beavers. Traps designed to capture and hold a furbearing mammal by gripping the mammal’s body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares.
No person shall, after September 1, 2024, use, set, or place a trap unless such person has received training in their proper use, as prescribed by the director in regulation, unless such person has completed a trapper training course and been issued a certificate of completion of such training, or unless such person has been issued a resident or non-resident Massachusetts trapping license or trap registration certificate and shall prove the same to the satisfaction of the Director.
The Director shall establish regulations on the size, placement, and use of traps as described in the Best Management Practices established by the Association of Fish and Wildlife.
The division shall provide a report annually to the joint committee on natural resources and agriculture on the creation, implementation and efficiency of such animal problem plans.
Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 nor more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment for each trap possessed, used, set, placed, maintained, or manufactured. Each day of violation shall constitute a separate offense. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter any trapping license and problem animal control permit issued to such person and shall be barred forever from obtaining a trapping license and a problem animal control permit.
| null |
[]
|
[]
|
[]
|
[]
|
An Act authorizing deer hunting on Sunday
|
H912
|
HD849
| 193
|
{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T14:04:07.167'}
|
[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T14:04:07.1666667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:42:24.7333333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:31:47.4733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-10T10:14:19.0633333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-20T16:44:03.27'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:57:39.5433333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:43:51.1266667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:04:40.5033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H912/DocumentHistoryActions
|
Bill
|
By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 912) of Alyson M. Sullivan-Almeida and others relative to authorizing deer hunting on Sunday. Environment and Natural Resources.
|
SECTION 1. Section 57 of chapter 131 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “mammal”, in line 3, the following words:- with the exception of deer during open deer hunting season.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to designating the Rumney Marsh as the Joseph T. James area of critical environmental concern
|
H913
|
HD1500
| 193
|
{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T14:31:35.853'}
|
[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T14:31:35.8533333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-18T14:31:38.0866667'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-02-22T13:59:02.3766667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:52:32.3166667'}, {'Id': None, 'Name': 'Robert A. DeLeo', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T14:31:35.87'}, {'Id': None, 'Name': 'RoseLee Vincent', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T14:31:35.87'}, {'Id': None, 'Name': 'Kathi-Anne Reinstein', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T14:31:35.87'}]
|
{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-18T14:31:35.853'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H913/DocumentHistoryActions
|
Bill
|
By Representatives Turco of Winthrop and Giannino of Revere, a petition (accompanied by bill, House, No. 913) of Jeffrey Rosario Turco, Jessica Ann Giannino and others relative to designating the Rumney Marsh as the Joseph T. James memorial area of critical environmental concern. Environment and Natural Resources.
|
The Rumney Marsh, bordering the cities of Lynn and Revere and the town of Saugus, a 600-acre salt marsh within the Saugus and Pines River Inlet, shall be designated and known as the Joseph T. James memorial area of critical environmental concern, in memory of environmental activist, and long-time president of the Friends of Rumney Marsh, Inc., Joseph T. James of Revere.
The department of conservation and recreation shall erect and maintain a suitable marker and signage bearing this designation in compliance with the standards of the department.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to solid waste disposal facilities in environmental justice communities
|
H914
|
HD863
| 193
|
{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T14:32:58.083'}
|
[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T14:32:58.0833333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T15:50:47.2666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:27:20.1666667'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-09-18T10:16:55.27'}]
|
{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-20T15:52:53.67'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H914/DocumentHistoryActions
|
Bill
|
By Representatives Tyler of Boston and Santiago of Boston, a petition (accompanied by bill, House, No. 914) of Chynah Tyler, Jon Santiago and Michelle M. DuBois relative to solid waste disposal facilities in environmental justice communities. Environment and Natural Resources.
|
Section 150A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the seventeenth paragraph, the following paragraph:-
The department shall adopt regulations related to violations of the terms of a permit by facilities within environmental justice communities. The regulations shall include, but not be limited to, substantial monetary fines that increase with each violation of the terms of a permit by facilities within environmental justice communities and permit revocation for facilities within environmental justice communities that violate the terms of such permit regularly.
| null |
[]
|
[]
|
[]
|
[]
|
An Act regulating cottage foods
|
H915
|
HD2154
| 193
|
{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:26:13.117'}
|
[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T13:26:13.1166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H915/DocumentHistoryActions
|
Bill
|
By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 915) of Erika Uyterhoeven for legislation to regulate cottage foods. Environment and Natural Resources.
|
SECTION 1. Section 146 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 11, after the word “health.”, the following words:- Neither local boards of health nor zoning boards shall establish rules or regulations for cottage food operations.
SECTION 2. Section 1 of chapter 94 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 329 the following section:-
Section 330.
(a) For the purposes of this section and Section 146, the following words shall have the meanings:
‘Cottage food operation’ is a person who produces cottage food products only in the home kitchen of that person’s primary domestic residence and only for direct retail sale to the consumer. A cottage food operation is not to be deemed a retail food establishment by the Department of Public Health.
‘Cottage food product’ is a non-time/temperature control for food safety food produced at a cottage food operation. Examples of cottage food products include, but are not limited to jams, uncut fruits and vegetables, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes excluding meat based soup mixes, dried fruit, fruit empanadas, fruit tamales, coffee beans, popcorn and baked goods that do not include dairy or meat frosting or filling or other potentially hazardous frosting or filling, such as breads, biscuits, cookies, churros, pastries and tortillas.
(b) Other than requirements set forth in this section, a cottage food operation is exempt from permitting, licensing, inspection, packaging, and labeling requirements for food establishments set by State law, the Department of Public Health, local boards of health, and local zoning boards.
(c) “Direct retail sale to the consumer” means a transaction within the State between a cottage food operation and a consumer.
(1) Such direct sales include, but are not limited to, transactions:
(a) at farm stands, farmers’ markets, community-supported agriculture subscriptions;
(b) at holiday bazaars, bake sales, food swaps, other temporary events, or other charitable functions;
(c) over the telephone or online; or
(d) delivered by the producer to the consumer in person.
(2) Transactions under this act shall only occur in the Commonwealth of Massachusetts.
(d) The Department of Public Health shall provide guidance, accessible online, covering the following topics:
(1) acceptable cottage food products, updating an illustrative list of acceptable cottage food products that are non-time/temperature control at least every two years. This list shall expand, not reduce, the food products specified in the definition of “cottage food product” in subsection (a);
(2) clear readable guidance to explain permissible practices for cottage food operations;
(3) best practices for food safety at cottage food operations; and
(4) other further guidance to enable and empower cottage food operations
(e) Cottage food operations must provide the following information to the consumer:
(1) the cottage food operation’s name;
(2) the cottage food operation’s address and/or personal identification number;
(3) the common or usual name of the cottage food product;
(4) the ingredients of the cottage food product in descending order of predominance;
(5) allergen information as specified by federal labeling requirements; and
(6) the following statement: “This product was produced at a private residence that is exempt from Massachusetts licensing and inspection requirements. This product may contain allergens.”
(f) The information required in subsection (e) must be provided:
(1) on a label affixed to the package if the cottage food product is packaged;
(2) on a label affixed to the container, if the cottage food product is offered for sale from a bulk container;
(3) on a placard displayed at the point of sale, if the cottage food product is neither packaged nor offered for sale from a bulk container; or
(4) on the webpage on which the cottage food product is offered for sale if the cottage food product is offered for sale on the internet.
(g) If the cottage food product is sold by telephone or custom order, the seller need not display the information required by section (e), but the seller must disclose to the consumer that the cottage food product is produced at a residential kitchen that is exempt from state licensing and inspection requirements; and may contain allergens. The seller must have the information required by subsection (e)(1)-(5) of this section readily available and provide it to the consumer upon request.
(h) The Department of Public Health shall establish and maintain an electronic cottage food operation registry within six months of enactment of this Law. This registration system shall be voluntary for cottage food operations, shall be used solely for the purpose of collecting general information about cottage food operations in the Commonwealth of Massachusetts, and shall not impose a fee on cottage food operations, nor impose any further restrictions outside of those in this section.
(i) The Department of Public Health:
(1) shall make available a voluntary application for the cottage food operation registry that requests the following information:
(A) the cottage food operation’s full name,
(B) the cottage food operation’s address,
(C) the cottage food operation’s primary telephone number, and
(D) the cottage food operation’s primary email address.
(2) shall issue all cottage food operations that apply for the registry with a personal identification number. Cottage food operations may, but are not required, to use this personal identification number in lieu of address in complying with the provisions set forth in subsection (e)(2).
(j) Any cottage food operation that has submitted an application to the Department of Public Health’s cottage food operation registry under subsections (h)-(i) shall update the Department of Public Health when there is a change to any of the registration details under subsection (i) including their name, residential kitchen address, telephone number, or email address.
(k) Nothing in this act shall preclude the Department of Public Health or local boards of health from providing assistance, consultation, or inspection, at the request of the cottage food operation.
(l) A county, city, or city and county shall not impose additional restrictions on cottage food operations in any residential dwelling, and shall not maintain local zoning rules as a barrier or restriction to cottage food operations.
SECTION 3. This act shall take effect upon its passage.
| null |
[]
|
[]
|
[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J21', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J21'}, 'Votes': []}]
|
[]
|
An Act to assess the future of mattress recycling in the Commonwealth
|
H916
|
HD3462
| 193
|
{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-20T12:35:23.31'}
|
[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-20T12:35:23.31'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T12:54:07.7066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T16:46:00.9133333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-08-28T12:49:26.4'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-08-28T13:20:16.3233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T10:50:17.8833333'}]
|
{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T12:35:23.31'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H916/DocumentHistoryActions
|
Bill
|
By Representatives Vargas of Haverhill and Domb of Amherst, a petition (accompanied by bill, House, No. 916) of Andres X. Vargas, Mindy Domb and others for legislation to assess the future of mattress recycling. Environment and Natural Resources.
|
SECTION 1. Section 2 of Chapter 21H of the General Laws is hereby amended by inserting the following definitions:
(1) "Brand" means a name, symbol, word or mark that attributes a mattress to the producer of such mattress;
(2) “Commissioner” means the Commissioner of the Department of Environmental Protection;
(3) "Covered entity" means any political subdivision of the state, mattress retailer, permitted transfer station, waste-to-energy facility, health care facility, educational facility, military base or commercial or nonprofit lodging establishment that possesses a discarded mattress that was used and discarded in this state. "Covered entity" does not include any renovator, refurbisher or any person who only transports a discarded mattress;
(4) "Department" means the Department of Environmental Protection;
(5) "Discarded mattress" means any mattress that a consumer discarded, intends to discard or abandoned in the state;
(6) "Energy recovery" means the process by which all or a portion of solid waste materials are processed or combusted in order to utilize the heat content or other forms of energy derived
from such solid waste materials;
(7) "Foundation" means any ticking-covered structure that is used to support a mattress and that is composed of one or more of the following: A constructed frame, foam or a box spring, whether stationary, adjustable or foldable. "Foundation" does not include any bed frame or base made of wood, metal or other material that rests upon the floor and that serves as a brace for a mattress;
(8) “Institution” means established organizational entities including, but not limited to health care facilities, higher education facilities, military bases, public and private correctional facilities and jails, assisted living facilities, and group homes;
(9) "Mattress" means any resilient material or combination of materials that is enclosed by ticking, used alone or in combination with other products, and that is intended for or promoted for sleeping upon. "Mattress" includes any foundation and any used or renovated mattress. "Mattress" does not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib or bassinet mattress, crib bumper, liquid or gaseous filled ticking, including any water bed and any air mattress that does not contain upholstery material between the ticking and the mattress core, and upholstered furniture, including a sleeper sofa;
(10) "Mattress core" means the principal support system that is present in a mattress, including, but not limited to, springs, foam, air bladder, water bladder or resilient filling;
(11) "Mattress stewardship fee" means the amount added to the purchase price of a mattress sold to a consumer or to an ultimate end user in this state that is necessary to cover the cost of collecting, transporting and processing discarded mattresses by the council pursuant to the mattress stewardship program;
(12) "Mattress topper" means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress;
(13) “Non-profit social enterprise organization” means an organization that sells goods and services and enhances economic development and environmental justice through work opportunities in mattress recycling for individuals facing significant barriers to employment;
(14) "Performance goal" means a metric proposed by the council and approved by the department to measure, on an annual basis, the performance of the mattress stewardship program, taking into consideration technical and economic feasibilities, in achieving continuous, meaningful improvement in improving the rate of mattress recycling in the state and any other specified goal of the program. At a minimum, goals must include collection and recycling rates and public awareness;
(15) "Producer" means any person, irrespective of the selling technique used, including that of remote sale, who manufactures or renovates a mattress that is sold, offered for sale or distributed in the state under the producer's own name or brand. "Producer" includes (A) the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in this state, whether or not such trademark or brand is registered in this state, and (B) any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;
(16) "Renovate" or "renovation" means altering a mattress for the purpose of resale including any one, or a combination of, the following: Replacing the ticking or filling, adding additional filling, or replacing components with new or recycled materials. "Renovate" or "renovation" does not include (A) the stripping of a mattress of its ticking or filling without adding new material, (B) the sanitization or sterilization of a mattress without otherwise altering the mattress, or (C) the altering of a mattress by a renovator when a person retains the altered mattress for personal use, in accordance with regulations of the Department of Consumer and Business Services;
(17) "Renovator" means any person who renovates discarded mattresses for the purpose of reselling such mattresses to consumers;
(18) "Retailer" means any person who sells mattresses to a consumer or to an ultimate end user in this state or offers mattresses to a consumer in this state through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet.
(19) "Sanitization" means the direct application of chemicals to a mattress to kill human disease-causing pathogens;
(20) "Sale" means the transfer of title of a mattress for consideration, including, but not limited to, the use of a sales outlet, catalog, Internet web site or similar electronic means to a consumer or to an ultimate end user in the state;
(21) "Sterilization" means the mitigation of any deleterious substances or organisms, including human disease-causing pathogens, fungi and insects from a mattress or filling material using a chemical or heat process;
(22) "Ticking" means the outermost layer of fabric or material of a mattress. "Ticking" does not include any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress; and
(23) "Upholstery material" means all material, loose or attached, between the ticking and the core of a mattress.
(24) “Waste hauler” means any person who provides commercial, institutional, and residential solid waste removal services, including the removal and end-of-use management of discarded mattresses, in the state under the waste hauler’s own name and brand.
SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after Section 7 the following section:- Mattress Stewardship Program
Sec. 8. (a) Within 180 days following enactment of this act, each producer, or such producer's designee, shall join the mattress recycling council and by said date such council shall submit a plan, for approval by the Commissioner, to establish a state-wide mattress stewardship program, as described in this subsection. Retailers may participate in said council. Such mattress stewardship program shall, to the extent it is technologically feasible and economically practical: (1) provide for free, convenient and accessible state-wide opportunities for the receipt of discarded mattresses from any person in the state with a discarded mattress that was used and discarded in the state, including, but not limited to, participating covered entities that accumulate and segregate a minimum of one hundred discarded mattresses for collection at one time; (2) provide for free collection of discarded mattresses from transfer stations that accumulate and segregate fewer than fifty mattresses, provided the transfer stations require such collection due to space or permit requirements; (3) provide suitable storage containers at, or make other mutually agreeable storage and transport arrangements for, permitted transfer stations for segregated, discarded mattresses, at no cost to such municipality, provided such transfer station makes space available for such purpose and imposes no fee for placement of such storage container on the transfer station's premises; (4) provide that the organization will conduct research, as needed, related to improving used mattress collection, dismantling, and recycling operations, including pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis; and (5) include a mattress stewardship fee that is sufficient to cover the costs of operating and administering the program.
(b) The plan submitted pursuant to subsection (a) of this section shall: (1) identify each producer participating in the program; (2) describe the fee structure for the program and include a proposed budget; (3) establish performance goals for the program that clearly outline the maximum feasible level of recovery and recycling of used mattresses in support of the Commonwealth’s overall waste diversion goals as outlined in the department’s solid waste master plan; (4) identify proposed facilities to be used by the program; (5) Offer organizations that recycle or renovate discarded mattresses the opportunity to participate as collection sites; (6) meet minimum convenience goals approved by the department that provide communities, including but not limited, to small towns, rural towns, residents of multifamily housing structures, and environmental justice populations equitable access to collection sites and a timeline for implementing and achieving convenient access to the program; (7) detail how the program will promote the recycling of discarded mattresses consistent with the state’s solid waste management hierarchy; (8) include a description of the public education program; (9)
propose a mechanism to mitigate the costs associated with collection of discarded mattresses that are illegally dumped, which may include but need not be limited to proposals for funding of clean-up activities, for education and outreach or for studies to evaluate the causes of illegal dumping.
(c) The council shall establish and implement a fee structure that covers, but does not exceed, the costs of developing the plan described in subsection (b) of this section, operating and administering the program described in subsection (a) of this section and shall not maintain total reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board’s Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard. If the council’s reserves exceed the amount specified, the department may require the organization to increase spending on implementing the requirements of this chapter in order to reduce the excess amount of reserves. The council may not use any moneys collected through a mattress stewardship fee to pay penalties assessed against the council. The council may initially set the fee as a flat rate and not as a percentage of the purchase price. During the third year of implementing a mattress stewardship program under a plan or initial plan, the council shall fund a study conducted by the department that examines (i) how the mattress stewardship fee can be differentiated to: 1) incentivize the reduction of toxics and resources (e.g., energy and water) associated with mattress production; 2) incentivize the use of post-consumer recycled content in mattress; and 3) discourage the use of mattress materials that pose challenges for the recycling of discarded mattresses; and (ii) the scope of discarded mattresses in this state that are not being collected as part of the council’s mattress stewardship program and recommendations on how to direct the discarded mattresses to, and include them, in the council’s program. The results of the study will be used to establish a system of differential fees within one year of completion of the study. The council shall maintain all records relating to the program for a period of not less than three years.
(d) The council shall include in its plan, and all future plans, the establishment of a new Employment Social Enterprise Impact Program based on written recommendations provided by the Commissioner. The goal of the program will be for the council to contract with a nonprofit entity that will provide recycling services to the council, as well as to foster the sustainability of nonprofit employment social enterprise organizations that sell goods and services and enhance economic development and environmental justice through the provision of work opportunities in mattress recycling for individuals facing significant barriers to employment. The program will be effective 90 days after the approval of a plan. Based on the submission of an application from an eligible nonprofit social employment enterprise, the council shall contract with at least one nonprofit employment social enterprise as a vendor for the collection, transportation and recycling of mattresses, assuming the nonprofit requests in its application to carry out all such services, during the four-year period of the initial plan. Eligible applicants will be 501c3 nonprofit employment social enterprise organizations that have a demonstrated and positive history of providing mattress recycling services in Massachusetts as an approved vendor to the department for at least five years while providing employment and professional skills training opportunities for individuals facing significant barriers to employment. In addition to the council’s funding for the collection, transportation, and recycling of mattresses, the department will provide such selected nonprofit a contract that includes an additional payment, known as a social impact payment, that will be provided as general operating support to help fund the offering of wraparound and work readiness services for those individuals receiving employment and training through the mattress recycling enterprise who face past barriers to employment, including but not limited to outreach, training, education, transitional employment services, case management, and administrative support. The additional social impact payment will equal no less than $40 per mattress recycled or reused by the nonprofit, not to exceed $1,500,000 per year. The nonprofit contracted by the council in its initial plan will be eligible to receive subsequent contracts for additional social impact payments by the department upon completion of the initial four-year plan. After the third year of the plan, the council will evaluate the opportunity to expand the Employment Social Enterprise Impact Program. Additionally, during the first four-year plan period, the selected nonprofit employment social enterprise will receive priority consideration in any bid or grant application through the council or department that supports mattress recycling, and will be eligible to receive grant awards from the department or council, as such programs are available, on a continual annual basis to best support the nonprofit’s sustainability.
(e) Pursuant to the program, recycling shall be preferred over any other disposal method for mattresses, to the extent that recycling is technologically feasible and economically practical.
(f) The nonprofit employment social enterprise shall, monthly. submit to the department a request for reimbursement that includes (i) the total number of mattresses collected and recycled by the nonprofit employment social enterprise. The department may (i) increase the minimum social impact payment, (ii) increase the annual cap on social impact payments, and (iii) adjust the reimbursement schedule.
(g) The Commissioner shall approve the plan for the establishment of the mattress stewardship program, provided such plan meets the requirements of subsections (a) to (c), inclusive, of this section. Not later than ninety days after submission of the plan pursuant to this section, the Commissioner shall make a determination whether to approve the plan. Prior to making such determination, the Commissioner shall post the plan on the department's Internet web site and solicit public comments on the plan for not less than thirty days. In the event that the Commissioner disapproves the plan because it does not meet the requirements of subsections (a) to (d), inclusive, of this section, the Commissioner shall describe the reasons for the disapproval in a notice of determination that the Commissioner shall provide to the council. The council shall revise and resubmit the plan to the Commissioner not later than forty-five days after receipt of notice of the Commissioner’s disapproval notice. Not later than forty-five days after receipt of the revised plan, the Commissioner shall review and approve or disapprove the revised plan and provide a notice of determination to the council. The council may resubmit a revised plan to the Commissioner for approval on not more than two occasions. If the council fails to submit a plan that is acceptable to the Commissioner because it does not meet the requirements of subsections (a) to (c), inclusive, of this section, the Commissioner shall modify a submitted plan to make it conform to the requirements of subsections (a) to (c), inclusive, of this section, and approve it. Not later than one hundred eighty days after the approval of a plan pursuant to this section, or one hundred eighty days, in the case of a plan modified by the Commissioner, the council shall implement the mattress stewardship program. The initial plan submitted by a council and approved by the department shall be valid for five years. At least 180 days before the expiration of a plan or initial plan, the council shall submit the plan to the department to be reapproved for an additional five years.
(h) (1) The council shall submit any proposed substantial change to the program to the Commissioner for approval. For the purposes of this subdivision, "substantial change" means: (A) A change in the processing facilities to be used for discarded mattresses collected pursuant to the program, (B) a material change to the system for collecting mattresses, (C) a change to the fee structure, (D) a change in the composition of the committee. If the Commissioner does not disapprove a proposed substantial change within ninety days of receipt of notification of such proposed substantial change, such proposed substantial change shall be deemed approved.
(2) Within 90 days following the end of the program’s second fiscal year, the council shall submit updated performance goals to the Commissioner that are based on the experience of the program during the first two years of the program and to ensure continued alignment with the department’s solid waste diversion goals.
(i) The council shall notify the Commissioner of other material changes to the program on an ongoing basis, without resubmission of the plan to the Commissioner for approval. The department may promulgate regulations regarding permissible changes without resubmission of the plan.
(j) Within 90 days following the end of the program’s second fiscal year and every two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold in this state except those products excluded from the definition of “Mattress” in Section 1. (k) On and after the implementation of the mattress stewardship program, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to an ultimate end user in the state shall add the mattress stewardship fee, established pursuant to subsection (a) of this section and described in subsection (h) of this section, to the purchase price for such mattress and shall remit the fee collected to the council. In each transaction described above, the fee shall appear on the invoice and shall be accompanied by a brief description of the fee. The council shall determine the rules and procedures that are necessary and proper to implement the collection of the fee in a fair, efficient, and lawful manner. Any producer or retailer who fails to participate in such program shall not sell mattresses in this state.
(k) Not later than October fifteenth of each year, the council shall submit an annual report to the Commissioner of the for the most recently completed fiscal year. The Commissioner shall post such annual report on the department's Internet web site. The Commissioner shall review and approve the yearly annual report. Such report shall include: (1) Information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program from: (A) transfer stations, (B) retailers, (C) collection events, (D) employment social enterprise organizations and (E) all other covered entities during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state; (2) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for renovation during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state; (3) the tonnage of mattresses diverted for recycling; (4) the weight of mattress materials recycled, as indicated by the weight of each of the commodities sold to secondary markets; (5) the weight of mattress materials sent for disposal at each of the following: (A) Waste-to-energy facilities, (B) landfills, and (C) any other facilities; (6) a summary of the public education that supports the program; (7) an evaluation of the effectiveness of methods and processes used to achieve performance goals of the program, information on progress made toward achieving the goals, an explanation of why any goals were not met during the previous calendar year and any efforts that will be taken to improve progress toward meeting the goals in the future, if applicable; (8) recommendations for any changes to the program; (9) the total sales of mattresses sold to consumers in this state in the previous calendar year by producers, renovators and retailers registered with the council; (10) the number of discarded mattresses received through collection that were not included in the program, the number of discarded mattresses that were illegally dumped as reported to the department, an analysis of how the data required by this paragraph has changed over time and strategies the council will take to address discarded mattresses that are not included in the program and discarded mattresses that are illegally dumped; and (11) the mattress recycling organization’s costs and revenues for the previous calendar year.
(l) The Commissioner of the Department of Environmental Protection shall appoint a mattress stewardship program advisory committee. The advisory committee shall be comprised with membership representation from the Commissioner of the Massachusetts Department of Environmental Protection, or his/her designee, who shall serve as chair of the committee; a representative from MassRecycle; two representatives from two different covered entities; a representative from a Massachusetts-based mattress recycling organization; a representative of an environmental nongovernmental organization; a representative of a social enterprise nonprofit organization involved in mattress recycling; and a representative of the International Sleep Products Association. The commissioner shall place great emphasis on selecting a diverse group of advisory committee members. The attorney general shall appoint one member to the advisory committee with expertise in consumer protection. The advisory committee shall meet not less than once every quarter and shall consult with the council and advise the department, including delivering written recommendations regarding: (1) The review of any plan for the development and implementation of a mattress stewardship program submitted to the department; (2) The review of any amendment to a plan; (3) The review of annual reports submitted by a council. The department may select and hire a third-party facilitator for the Advisory Committee, which shall be included among the administrative costs of the program, to be paid by producers or producer responsibility organizations.
(m) The council shall conduct during the third year of implementing a mattress stewardship program, and in consultation with the mattress stewardship program advisory committee and a minimum of three other community organizations invited by the advisory committee, a study evaluating the most effective methods of providing discarded mattress collection services to low-income individuals, environmental justice populations, municipalities with populations of less than 5,000 residents, and multifamily housing structures.
(n) Two years after the implementation of the program and every three years thereafter, or upon the request of the Commissioner but not more frequently than once a year, the council shall cause an audit of the program to be conducted by an auditor as described in subsection (h) of this section. Such audit shall review the accuracy of the council's data concerning the program and provide any other information requested by the Commissioner, consistent with the requirements of this section, provided such request does not require the disclosure of any proprietary information or trade or business secrets. Such audit shall be paid for by the council. The council shall maintain all records relating to the program for not less than three years.
(o) Upon implementation of the mattress stewardship program described in section 2 of this act, any covered entity that participates in such program shall not charge for the receipt of discarded mattresses that are discarded in this state provided covered entities may charge a fee for providing the service of collecting mattresses.
(p) Each producer and the council shall be immune from liability for any claim of a violation of antitrust law or unfair trade practice, if such conduct is a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of sections 1 to 6, inclusive, of this act.
(q) (1) The Commissioner may seek civil enforcement of the provisions of sections 2 and 3 of this act.
(2) Whenever, in the judgment of the Commissioner, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of section 2 or 3 of this act, the Attorney General may, at the request of the Commissioner, bring an action for an order enjoining such act, practice or omission. Such order may require any producer or renovator that violates the provisions of this Act to incur a civil penalty not to exceed $1,000 per day for each day of the violation and any retailer that violates the provisions of this Act incurs a civil penalty not to exceed $100 per day for each day of the violation. Upon a showing by the Commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.
(3) Any action brought by the Attorney General pursuant to this section shall have
precedence in the order of trial.
(r) In the event that another state implements a mattress recycling program, the council may collaborate with such state to conserve efforts and resources used in carrying out the mattress stewardship program, provided such collaboration is consistent with the requirements of sections 1 to 6, inclusive, of this act.
(s) Nothing in this section shall prohibit the department from administering existing mattress recycling programs.
(t) The department shall establish an annual fee to be paid by the council that is reasonably calculated to cover the costs to the department to administer, implement and enforce this Act. The department shall provide notice to the council no later than June 1 of each year of the annual fee for the upcoming calendar year.
SECTION 3. Chapter 21H of the General Laws is hereby amended by inserting after Section 7 the following section:- “Section 9: Mattress Recycling Needs Assessment”
Section 9. Mattress Recycling Needs Assessment
(a) The department shall conduct a needs assessment, a copy of which is to be published on the department’s Internet website, and filed with the clerks of the house of representatives and the senate and the chairs of the joint committee on environment, natural resources and agriculture not later than October 5, 2023. This needs assessment and final report shall include:
(1) both a two-year and five-to-ten-year analysis of the state’s projected mattress recycling demand, volume, mattress recycling capacity, associated costs, resource and budgetary needs following the effective date of the updated regulations pursuant to 310 CMR 19.000, including: (A) a recommendation on the continuation of the state’s current role in mattress recycling and the possible expansion of its mattress recycling infrastructure, (B) an environmental impact analysis of the state’s current mattress recycling infrastructure, (C) recommendations and best practices for supporting municipalities with mattress collection, mattress transportation, and associated mattress recycling costs, (D) recommendations for continued social enterprise involvement with the statewide mattress recycling program, including a review of opportunities to increase additional community impacts through preferred partnerships with local non-profit social enterprises and organizations that recycle mattresses, and policy recommendations to reduce potential barriers to entry in the statewide mattress recycling program for social enterprise organizations, and (E) an analysis of the interests and concerns of various stakeholders, including, but not limited to (i) producers, (ii) online and out-of-state retailers, (iii) in-state retailers, (iv) municipalities, (v) commercial and non-profit social enterprise mattress recyclers, (vi) commercial waste haulers, (vii) institutions, (viii) the department, and (ix) consumers;
(2) both a two-year and five-to-ten-year analysis of (A) the future capacity of social enterprise engagement in the statewide mattress recycling program, (B) capacity to address recycling needs and coverage gaps across all regions in the commonwealth using a variety of strategies, including but not limited to commercial, non-profit or social enterprise vendors, regional or municipal mattress recycling services, retailer mattress take-back programs, producer responsibility programs, or waste hauler mattress collection services, and (C a determination of the necessity and feasibility of providing ongoing recycling-related logistical support for municipalities that host institutions of higher education with large off-campus student populations;
(3) policy recommendations for establishing proper end-of-use management standards for mattresses, including, but not limited to: (A) ensuring proper in-state disposal of discarded mattresses, including incentives to promote use of in-state mattress recycling infrastructure, (B) support for non-profit social enterprise mattress recycling entities, (C) monetary fines for improper or illegal disposal of mattresses, and (D) the feasibility of implementing a waste tracking system that ensures effective and legal end-of-use management of mattresses;
(4) policy recommendations for the continuation and improvement of a statewide mattress stewardship program; and
(5) recommendations for best practices to ensure broad and comprehensive public access to accurate online information about the availability of statewide mattress recycling options, access to such options, and proper mattress end-of-use management.
(b) As part of the needs assessment, the department shall solicit public input regarding end-of-use mattress recycling needs, gaps in departmental resource allocation and opportunities for increased programmatic support for municipalities with populations of less than 5,000 throughout the Commonwealth. Not later than March 5, 2025, the department shall (i) hold not less than 4 public hearings in geographically-diverse municipalities across the commonwealth, 2 of which shall be held in rural municipalities, to receive public testimony on the end-of-use mattress management needs of small and rural municipalities, and shall provide for remote participation; and (ii) solicit and accept written and electronic testimony submissions from the public. The department shall solicit public comment for at least 30 days and shall summarize the public input it receives in the needs assessment.
SECTION 4. Sections 1 and 2 of this act shall take effect upon its passage.
SECTION 5. Section 3 of this act shall take effect 180 days after its passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish a study of Kingsbury Pond in the town of Norfolk
|
H917
|
HD1125
| 193
|
{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:04:41.477'}
|
[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:04:41.4766667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H917/DocumentHistoryActions
|
Bill
|
By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 917) of Marcus S. Vaughn that the Secretary of Energy and Environmental Affairs be directed to perform a study of Kingsbury Pond in the town of Norfolk. Environment and Natural Resources.
|
(a) Notwithstanding any general or special law to the contrary, the Secretary of Energy and Environmental Affairs shall perform a study of Kingsbury Pond in the Town of Norfolk. The study shall include, but not be limited to, the water levels of the pond, the effect nearby public wells have on the pond’s water levels, and any and all environmental factors that are affected by significantly increasing or decreasing water levels of the pond.
(b) The Secretary shall report the results of the study by filing a report with the Clerk of the Senate; the Clerk of the House of Representatives; the Department of Environmental Protection; and the Joint Committee on Environment, Natural Resources and Agriculture no later than one year after passage of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to a technical change to the George L. Darey Inland Fisheries and Game Fund
|
H918
|
HD854
| 193
|
{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-17T14:09:15.153'}
|
[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-17T14:09:15.1533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H918/DocumentHistoryActions
|
Bill
|
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 918) of David T. Vieira relative to changing the name of the Inland Fisheries and Game Fund to the George L. Darey inland fisheries and game fund. Environment and Natural Resources.
|
SECTION 1. Section 10G of chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 90, the words “Inland Fish” and inserting in place thereof the following words:- Georgy L. Darey Inland Fisheries.
SECTION 2. Section 17 of chapter 58 of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 9, the following words:- George L. Darey.
SECTION 3. Section 13 of chapter 64A of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 12, the following words:- George L. Darey.
SECTION 4. Section 2A of chapter 131 of the General Laws, as so appearing, is hereby amended by inserting after the word “the”, in line 1, the following words:- George L. Darey.
SECTION 5. Section 2B of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 5, the following words:- George L. Darey.
SECTION 6. Section 3 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 7, the following words:- George L. Darey.
SECTION 7. Section 4 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 190, the following words:- George L. Darey.
SECTION 8. Section 11 of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 81, the following words:- George L. Darey.
SECTION 9. Section 22A of said chapter 131, as so appearing, is hereby amended by inserting after the word “the”, in line 14, the following words:- George L. Darey.
SECTION 10. Section 14 of chapter 101 of the Acts of 2003 is hereby repealed.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the environmental protection of Joint Base Cape Cod
|
H919
|
HD2394
| 193
|
{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T12:48:10.02'}
|
[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T12:48:10.02'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H919/DocumentHistoryActions
|
Bill
|
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 919) of David T. Vieira relative to the environmental protection of Joint Base Cape Cod. Environment and Natural Resources.
|
SECTION 1. Section 1 of chapter 47 of the acts of 2002, as most recently amended by section 11 of chapter 48 of the acts of 2014, is hereby further amended by striking out the definitions of “Environmental performance standards” and “Joint Base Cape Cod” and inserting in place the following 2 definitions:-
"Environmental performance standards", the environmental performance standards included in the final environmental impact report, and any amendments thereto, regarding the activities on the northern 15,000 acres of the Joint Base Cape Cod promulgated under sections 61 to 62H, inclusive, of chapter 30 of the General Laws and certified by the secretary of environmental affairs on July 16, 2001.
"Joint Base Cape Cod" or "JBCC", approximately 22,000 acres of land owned by the commonwealth in Barnstable county established under chapter 196 of the acts of 1935, chapters 320 and 344 of the acts of 1936, chapter 5 of the acts of 1941, chapter 665 of the acts of 1955 and chapter 617 of the acts of 1956, and used primarily for military purposes.
SECTION 2. Said section 1 of said chapter 47, as so amended, is hereby further amended by inserting after the word “of”, in line 18, the first time it appears, the following words:- energy and.
SECTION 3. Section 2 of said chapter 47 is hereby amended by inserting after the word “commonwealth”, in line 4, the following words:- and the United States.
SECTION 4. Section 3 of said chapter 47 is hereby amended by striking out, in lines 6 and 7, the words “of the department of fisheries, wildlife and environmental law enforcement” and inserting in place thereof the following words:- within the department of fish and game.
SECTION 5. Section 4 of said chapter 47 is hereby amended by inserting after the word “of”, in line 1, the following words:- energy and.
SECTION 6. Said section 4 of said chapter 47 is hereby further amended by striking out, in lines 3 and 4, the words “fisheries, wildlife and environmental law enforcement; the commissioner of environmental management” and inserting in place thereof the following words:- fish and game; the commissioner of conservation and recreation.
SECTION 7. Said chapter 47 is hereby amended by striking out section 6, as amended by section 12 of chapter 48 of the acts of 2014, and inserting in place thereof the following section:-
Section 6. The commission shall be assisted by 2 advisory councils, each to be appointed by the environmental management commission:
(a) a community advisory council, which shall be comprised of the following members for a 3-year term: 1 representative of each of the towns of Falmouth, Bourne, Sandwich and Mashpee; 1 family member resident of the JBCC; 2 representatives of the military; 1 representative of the Cape Cod commission; 1 representative of the Upper Cape Regional Water Supply Cooperative; 1 representative of the Wampanoag Tribe; and 5 at-large representatives. The town representatives shall be recommended by the towns' respective boards of selectmen; the family member resident of JBCC shall be recommended by the commander of the Coast Guard Base Cape Cod; the military representatives shall be recommended by the military division of the commonwealth; the Cape Cod commission representative shall be recommended by the Cape Cod commission; the Upper Cape Regional Water Supply Cooperative representative shall be recommended by the Upper Cape Regional Water Supply Cooperative; and the Wampanoag Tribe representative shall be recommended by the tribal leadership. The community advisory council shall assist the commission by providing advice on community issues related to the protection of the water supply and wildlife habitat on the reserve, and; (b) a science advisory council, which shall be comprised of the following members for a 3-year term: 5 to 9 scientists and engineers who are recognized for their expertise in the areas of public health, water protection, wildlife habitat management or land use management. The science advisory council shall assist the commission by providing scientific and technical advice relating to the protection of the drinking water supply and wildlife habitat on the reserve.
SECTION 8. The first paragraph of section 8 of said chapter 47, as amended by section 13 of said chapter 48, is hereby further amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The environmental officer shall also coordinate with appropriate personnel from the department of fish and game, the department of conservation and recreation and the department of environmental protection to monitor and evaluate the environmental impact of activities conducted on and uses of the reserve. The personnel of the department of fish and game, the department of conservation and recreation and the department of environmental protection shall support and assist the commission and cooperate with the environmental officer.
SECTION 9. The third paragraph of said section 8 of said chapter 47 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission, its staff and, as determined to be necessary by the commission, personnel of the department of fish and game, the department of conservation and recreation and the department of environmental protection, shall access and inspect the reserve in order to monitor, oversee, evaluate and report to the commission on the environmental impact of military training and all other activities.
SECTION 10. Section 9 of said chapter 47 is hereby amended by inserting after the word “of”, in line 18, the following words:- energy and.
SECTION 11. Section 10 of said chapter 47 is hereby amended by inserting after the word “of”, in line 30, the following words:- energy and.
SECTION 12. Section 12 of said chapter 47 is hereby amended by striking out, in lines 3 and 4, the words “fisheries, wildlife and environmental law enforcement, the department of environmental management” and inserting in place thereof the following words:- fish and game, the department of conservation and recreation.
| null |
[]
|
[]
|
[]
|
[]
|
An Act supporting the Commonwealth’s food system
|
H92
|
HD400
| 193
|
{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-12T15:20:43.777'}
|
[{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-12T15:20:43.7766667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-12T15:22:09.0966667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-26T11:15:04.3366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T15:46:29.1266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:46:29.1266667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T15:46:29.1266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:20:15.55'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-31T16:19:52.7833333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T09:52:22.57'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-07T11:03:51.6866667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T11:03:51.6866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T09:54:19.0033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:54:19.0033333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:49:24.36'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T11:27:29.73'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-15T11:27:29.73'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-15T11:27:29.73'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-21T13:41:29.8033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T13:41:29.8033333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-28T10:45:43.6033333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T16:56:59.9266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-16T13:40:52.4133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-21T10:17:46.5333333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-06T11:40:12.1166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T16:37:23.4666667'}]
|
{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-12T15:20:43.777'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H92/DocumentHistoryActions
|
Bill
|
By Representatives Duffy of Holyoke and Donahue of Worcester, a petition (accompanied by bill, House, No. 92) of Patricia A. Duffy, Daniel M. Donahue and others that the Food Policy Council appoint a food system coordinator as an employee. Agriculture.
|
Section 6C of chapter 20 of the General Laws is amended by inserting the following
subsection:-
(h) The council shall appoint a full time food system coordinator as an employee. The food system coordinator shall have access to all relevant agency meetings; serve in an advisory capacity to all relevant departments to inventory existing state programs which relate to the food system across all state agencies, including, but not limited to, agencies associated with the council; facilitate communication and resource collaboration across state agencies; develop and track metrics related to food system goals; identify opportunities to eliminate duplicative efforts and strengthen complementary programs and projects; identify gaps in services and supports and make recommendations; and provide input to help coordinate outreach to underserved communities. The food system coordinator shall submit a report 1 week prior to each council meeting with findings, progress updates, and recommendations to the clerks of the senate and the house of representatives, the council, relevant department secretaries, and relevant department commissioners.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to outdoor heritage
|
H920
|
HD2542
| 193
|
{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T14:28:49.553'}
|
[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T14:28:49.5533333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-10T08:49:15.1133333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H920/DocumentHistoryActions
|
Bill
|
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 920) of David T. Vieira for legislation to further regulate bow and arrow hunting. Environment and Natural Resources.
|
SECTION 1. Section 58 of chapter 131 of the General Laws, as appearing in the 2022 official edition, is hereby amended by inserting, in line 6, after the word "thereof" the following words:- , provided that a person may hunt with a bow and arrow from an elevated tree stand not less than 250 feet from any dwelling in use except as authorized by the owner or occupant thereof
SECTION 2. Section 64 of chapter 131 of the General Laws, as appearing in the 2022 official edition, is hereby amended by striking out, in lines 2 and 3, the words “, or any crossbow, except as provided in section 69, nor” and inserting in place thereof the following the word:- nor.
SECTION 3. Said chapter 131 is hereby further amended by striking out section 69, as so appearing, and inserting in place thereof the following section:- Section 69. A person shall not carry or use a bow and arrow or crossbow while hunting unless the bow and arrow or crossbow meet the requirements of the rules and regulations which shall be promulgated by the director. Such rules and regulations shall prescribe general design, weight of pull and type of bows and arrows or crossbows and shall conform to standards generally accepted for hunting purposes.
SECTION 4. Section 5 of chapter 131 of the General Laws, as appearing in the 2022 official edition, is hereby amended by inserting after the second paragraph the following paragraph:- The hunting of deer by bow and arrow shall be permitted on any date, including a Sunday or legal holiday, that the director declares as an open season for such hunting. Except as otherwise provided in the preceding paragraph, an open season declared by the director for the hunting of deer by bow and arrow, which open season period occurs in whole or in part, within the last 3 months of the calendar year, shall be for a period of not less than 7 days that shall be consecutive.
SECTION 5. Section 57 of said chapter 131, as so appearing, is hereby amended by inserting at the end of the paragraph the following sentence:- Notwithstanding, this section shall not prohibit or render unlawful, the hunting of deer by bow and arrow or the carrying on his person a bow and arrow for the purpose of hunting deer, during any Sunday declared as an open season for such hunting, by the director with the approval of the fisheries and wildlife board.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to hunting with artificial light
|
H921
|
HD2547
| 193
|
{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T14:29:39.6'}
|
[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T14:29:39.6'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H921/DocumentHistoryActions
|
Bill
|
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 921) of David T. Vieira for legislation to authorize the hunting of coyote with artificial light. Environment and Natural Resources.
|
The first sentence of section 68 of chapter 131 of the General Laws is hereby amended by inserting after the word “raccoon” the following word:- coyote.
| null |
[]
|
[]
|
[]
|
[]
|
An Act advancing water access equity through utility reporting requirement
|
H922
|
HD3494
| 193
|
{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T13:07:43.67'}
|
[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T13:07:43.67'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:00:44.6966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-22T17:24:33.29'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-24T07:47:18.4833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T20:14:05.6466667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-24T13:29:11.75'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-23T16:59:59.0566667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H922/DocumentHistoryActions
|
Bill
|
By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 922) of Tommy Vitolo, Rebecca L. Rausch and James B. Eldridge relative to water access equity through utility reporting requirements. Environment and Natural Resources.
|
SECTION 1. Section 22 of chapter 25 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subparagraph (e) the following subparagraphs:-
(f) Public and private water utilities shall file quarterly reports with the executive office of energy and environmental affairs regarding customer service data. The reports shall be public record and shall include, but shall not be limited to the following information, disaggregated by zip codes:
(1) The number of customers receiving service from a water utility provider;
(2) The number customer disconnection notices sent due to bill nonpayment;
(3) The number and dates of water shut offs that took place and average time between service disconnection due to non-payment and service reconnection;
(4) The number of customer accounts that became eligible for disconnection due to bill nonpayment but were not disconnected because of any legally mandated or voluntary suspension of disconnections due to the coronavirus 2019 pandemic;
(5) The number of customers charged late fees, penalties, reconnection fees, interest, and any other charge associated with late payment of a bill;
(6) The number of liens on real property placed, sold, or enforced due to nonpayment;
(7) The number of customers enrolled in deferred payment agreements at the end of each month, and the average length of the repayment term under those agreements;
(8) The number of customers that entered into, successfully completed, or defaulted from a deferred payment agreement;
(9) Customer assistance programs available to water consumers, including terms of eligibility, and available budget for each program;
(10) The number of customers receiving assistance under each customer assistance program at the end of each month, the total dollar amount of assistance provided, and the number of customers who were denied assistance; and
(11) The methods and contents of general communications by local utilities and public utilities to customers concerning their rights and available assistance programs if customers are unable to pay their bills in full.
(g) The executive office of energy and environmental affairs may adopt regulations necessary to implement this section.
(h) Annually, not later than March 15, the executive office of energy and environmental affairs shall report to the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture data concerning the results of such equity audit reports.
SECTION 2. This act shall take effect on January 1, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to Department of Conservation and Recreation facility Title IX compliance
|
H923
|
HD1295
| 193
|
{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:32:53.277'}
|
[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T12:32:53.2766667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H923/DocumentHistoryActions
|
Bill
|
By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 923) of Thomas P. Walsh relative to ensuring equal accommodations for sexes in Department of Conservation and Recreation owned facilities. Environment and Natural Resources.
|
Section 1
Section 3C of Chapter 20 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following subsection at the end thereof:
(b) The annual budget as promulgated in chapter 20 section 3C shall include a work timeline and related efforts the department has made and is scheduled to make in guaranteeing compliance with the federal Title IX of the Higher Education Act of 1972 ensuring equal accommodations for sexes in Department of Conservation and Recreation owned facilities.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish a free snowmobile weekend
|
H924
|
HD1645
| 193
|
{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-17T19:16:06.577'}
|
[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-17T19:16:06.5766667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-10-10T09:21:35.5266667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-10-16T16:15:15.7333333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-10-16T16:15:15.7333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H924/DocumentHistoryActions
|
Bill
|
By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 924) of Susannah M. Whipps relative to non-residents operating snowmobiles during a free snowmobile weekend. Environment and Natural Resources.
|
Chapter 90B of the General Laws is hereby amended by inserting after section 22 the following section:-
Section XX. “In conjunction with the Snowmobile Association of Massachusetts, or its successor organization, a three-day “free snowmobile weekend” shall be established annually by the Massachusetts Office of Law Enforcement on a mutually agreeable weekend during the winter snowmobiling season. For the purposes of this section a “free snowmobile weekend” is defined as Friday, Saturday ,Sunday during which Massachusetts snowmobile registration and Trail Pass provided by the Snowmobile Association of Massachusetts or its appendant clubs is not required for non-residents to operate snowmobiles on public lands, or private lands under agreement with the Snowmobile Association of Massachusetts or its appendant clubs, provided said non-resident has proof of a valid registration in any state or Canadian province”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to certain hunting zones
|
H925
|
HD2708
| 193
|
{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:19:46.063'}
|
[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:19:46.0633333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-23T15:58:25.3066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H925/DocumentHistoryActions
|
Bill
|
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 925) of Jonathan D. Zlotnik and Joseph D. McKenna for legislation to further regulate deer hunting. Environment and Natural Resources.
|
SECTION 1. Section 70 of Chapter 131 of the Massachusetts General Laws is hereby amended by inserting after the last paragraph the following new paragraph;
"Notwithstanding the provisions of this section, or any other section under chapter 131, the director may, with the approval of the board, may establish a season for deer with the use of a rifle, revolver or pistol. Such seasons may be established in appropriate deer hunting zones as determined by the director after assessing considerations including, but not limited to, human population and housing densities."
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the use of shotgun ammunition for hunting
|
H926
|
HD2709
| 193
|
{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:19:07.507'}
|
[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:19:07.5066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H926/DocumentHistoryActions
|
Bill
|
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 926) of Jonathan D. Zlotnik relative to the use of shotgun ammunition for hunting. Environment and Natural Resources.
|
SECTION 1. Section 66 of chapter 131 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking the section in its entirety and replacing it with the following:-
"Section 66. The director, under the control of the board, may promulgate regulations for the use and possession of shotgun ammunition types for the purposes of hunting."
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to colon cancer screening
|
H927
|
HD1725
| 193
|
{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:34:16.49'}
|
[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:34:16.49'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T15:54:02.64'}, {'Id': None, 'Name': 'Ryan Morell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T16:04:41.9866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H927/DocumentHistoryActions
|
Bill
|
By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 927) of James Arciero, Vanna Howard and Ryan Morell relative to colon cancer screening. Financial Services.
|
SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 31. (a) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage, starting at 30 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (vii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a colorectal cancer screening service procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under contract with the commission shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
SECTION 2. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 80. The division and it’s contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care plan shall provide coverage, starting at age 30, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (vii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a colorectal cancer screening service procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-
Section 47OO. (a) Any policy of accident and sickness insurance issued pursuant to section 108, and any group blanket policy of accident and sickness insurance issued pursuant to section 110 that is delivered, issued or renewed by agreement within or without the commonwealth shall provide coverage, starting at 30 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-
Section 8PP. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage, starting at 30 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:-
Section 4PP. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage, starting at 30 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (iv) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-
Section 4HH. (a) An individual or group health maintenance contract that is issued or renewed shall provide coverage, starting at 30 years of age, for colorectal cancer screening as found medically necessary by the insured’s primary care physician, including: (i) Flexible sigmoidoscopy every 5 years; (ii) Flexible sigmoidoscopy every 10 years plus FIT every year; (iii) KRAS, BRAF, PIK3CA Array as frequent as medically necessary; (iv) FIT-DNA every year or every 3 years, as medically necessary; (v) FIT every year; (vi) HSgFOBT every year; (vii) CT colonography every 5 years; and (viii) colonoscopy every 5 or 10 years. For the purposes of this section the term “colonoscopy”, shall mean a procedure that enables a physician to examine visually the inside of a patient's entire colon and includes the concurrent removal of polyps or biopsy, or both.
(b) Colorectal cancer screening services pursuant to subsection (a) performed under this section shall not be subject to any co-payment, deductible, coinsurance or other cost-sharing requirement. In addition, an insured shall not be subject to any additional charge for any service associated with a procedure or test for colorectal cancer screening, which may include 1 or more of the following: (i) removal of tissue or other matter; (ii) laboratory services; (iii) physician services; (iv) facility use, regardless of whether such facility is a hospital; and (v) anesthesia.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to civil liability for improper flood hazard determinations
|
H928
|
HD1087
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:56:14.613'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:56:14.6133333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H928/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 928) of Bruce J. Ayers relative to civil liability for improper flood hazard determinations. Financial Services.
|
SECTION 1. Chapter 183 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 69 the following section:-
Section 70. (a) A civil action may be brought under this section, by the owner of a building or structure, against a company or contractor completing a standard flood hazard determination form for a bank or an insurance company regarding whether a building or structure is located within a special flood hazard area, if:
(1) the person completing the flood hazard determination form:
(A) completes the form on behalf of a bank or an insurance company;
(B) completes the form for a fee or other consideration; and
(C) offers a guarantee for services provided;
(2) the flood hazard determination designated incorrectly that a building or structure is located in a special flood hazard area or is not located in a special flood hazard area; and
(3) the owner of the building or structure suffered damages, including failure to obtain flood insurance for the building or structure.
(b) In any civil action under this section, there shall be a rebuttable presumption that the flood hazard determination was conducted correctly if the standard flood hazard determination form is certified by a professional engineer or a professional land surveyor as defined in section 81D of chapter 112. The rebuttable presumption may be overcome upon a finding of a court, based on the preponderance of the evidence, that the flood hazard determination was conducted incorrectly.
(c) In any such action, the court may award: (i) actual damages; (ii) reasonable attorney’s fees; and (iii) court costs.
| null |
[]
|
[]
|
[]
|
[]
|
An Act establishing uniform safeguards and public protections for consumers conducting bank transactions at automated teller machines
|
H929
|
HD1108
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:01:36.063'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:01:36.0633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H929/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 929) of Bruce J. Ayers for legislation to establish safeguards and public protections for consumers conducting bank transactions at automated teller machines. Financial Services.
|
SECTION 1. Section 1 of Chapter 167B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “agreement” in the following new paragraph:—“Adequate lighting” with respect to an open and operating teller machine facility located on an exterior wall of a building open to the outdoor air, and any defined parking areas means lighting during nighttime hours according to the following standards:
a minimum of 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward 10 feet;
(ii) a minimum of 2 candlefoot power within 75 feet from all unobstructed directions from the face of the automated teller machine. If such machine is located within 15 feet of the corner of the building and the automated teller facility is generally accessible from the adjacent side, there shall be a minimum of 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.
With respect to defined parking areas, “adequate lighting” means a minimum of 2 candlefoot power in that portion of the parking area within 60 feet of the automated teller machine facility
With respect to an automated teller machine facility located within the interior of a building, “adequate lighting” means lighting, on a 24 hour basis, which permits a person entering the facility to readily and easily see all persons occupying such facility, and which permits a person inside the facility to readily and easily see all persons at the entry door of such facility.“Automated teller machine facility” means the area comprised of 1 or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
SECTION 2. Section 1 of Chapter 167B of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by inserting after the word “functions”, in line 24, the following words:—“Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above the ground level and 5 feet in front of the area to be measured.
SECTION 3. Section 1 of Chapter 167B of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by inserting after the word “function” in line 34 the following paragraph:—
“Defined parking area” means that portion of any parking area open for bank customer parking which is (i) contiguous to any paved walkway or sidewalk within 50 feet of an automated teller machine facility; (ii) regularly, principally and lawfully used for parking by consumers accessing the automated teller machine facility during nighttime hours; and (iii) owned or leased by the operator of the automated teller machine facility, or owned orotherwise controlled by the party leasing the automated teller site to the operator. The term does not include any parking area which is not open, not regularly used or not designated for parking by the users of the automated teller machine who are conducting automated transactions during nighttime hours. A parking area is not open if it is physically closed to access or if conspicuous signs indicate it is closed or if such area falls outside the boundaries of the designated parking area for such automated teller machine as indicated by an appropriate amount of signage indicating the proper parking area.
SECTION 4. Section 1 of Chapter 167B of the General Laws, as appearing in the 2004 Official Edition, is hereby further amended by inserting after the word “services”, in line 109, the following words:— “Nighttime hours” means the period of time beginning at sunset and ending at sunrise.
SECTION 5. Section 1 of Chapter 167B of the General Laws, as so appearing, is hereby further amended by inserting after the word “intervals” in line 139 the following:—n “Regular banking hours” means the period of time during each weekday, Monday through Friday, commencing at 9:00 a.m. and ending at 5:00 p.m.
SECTION 6. Chapter 167B is hereby further amended by inserting at the end thereof the following new sections:—
Section 25. (I) Security Measures — A bank shall maintain the following security measures with respect to each of its automated teller machine facilities:
(a) A surveillance camera or cameras, which shall view and record all persons entering, exiting, and moving within or about an automated teller machine facility located within the interior of a building, or which shall view and record all activity within a minimum 3 feet in front of an automated teller machine located on an exterior wall of a building open to the outdoor air. Such camera or cameras need not view and record banking transactions made at the automated teller machine. The recordings made by such cameras shall be preserved by the bank for at least 30days;(b) Within 6 months after the submission of the report of the temporary task force required by the subdivision of this section, entry doors equipped with locking devices which permit entry to such facility only to persons using an automated teller machine card or access code issued by a bank for that purpose. Provided, however, that any automated teller machine facility located within the interior of a building that is not equipped with such entry locking devices within 6 months after the submission of such report shall thereafter have at least one security guard stationed therein during the period of time after regular banking that such automated teller machine facility is available to banking customers;
(c) entry doors equipped with fire exit bolts;
(d) adequate lighting
(e) at least 1 exterior wall made substantially of untinted glass or other untinted transparent material which provides an unobstructed view of the automated teller machine or machines within the automated teller machine facility;
(f) reflective mirrors or surfaces at each automated teller machine which provide the user a rear view;
(g) a reflective mirror or mirrors placed in a manner that permits a person present in the automated teller machine facility to view areas within such facility which are otherwise concealed from plain view;
(h) a clearly visible sign which at minimum, states:
(1) the activity within the automated teller machine facility is being recorded by surveillance camera;
(2) customers should close the entry door completely upon entering if the automated teller machine facility is located within the interior of a building;
(3) customers should not permit entrance to any unknown person at any time after regular banking hours if an automated teller machine facility located within the interior of a building is available to banking customers;(4) customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility;
(5) complaints regarding security in the automated teller machine facility should be directed to the bank’s security department or to the director of the office of the commissioner of banks, together with the contact address and telephone number for said parties;
(6) Where the nearest emergency assistance agency is located that is responsible for addressing criminal activity or medical emergencies;
(i) the bank should create a 20 foot radius where no vehicles are allowed to park or stand, enforced jointly by the bank and the local police authority with jurisdiction;
(j) All banks operating in the Commonwealth which provide outside and enclosed automated teller machines shall provide a telephone which provides a direct, emergency 911 call to the police department with jurisdiction at that location. The commissioner of banks shall coordinate the installation of emergency telephones with each bank in a timely basis not exceeding 1 year from the effective date of this act, unless granted a waiver for additional time to comply by said commissioner
Paragraphs (b), (c), (e) and (g) of this subdivision shall not apply to any automated teller machine facility located on an exterior wall of a building open to the outdoor air.
(II) Special commission. There is hereby established a special commission to study the technological feasibility of the limited access entry door requirements of paragraph (b) of subdivision I of this section. Such task force shall be comprised of 15 members, 2 of whom shall be representatives of federally-chartered banks, 2 of whom shall be representatives of state-chartered banks, 2 of whom shall be representatives of savings and loan associations and 2 of whom shall be representatives of Massachusetts-based credit union associations. The Governor shall appoint 7 members, 1 of whom shall be named the chairman of the task force with the approval of the Senate President and House Speaker. Not later than 12 months after the appointment of the last member of the special commission, the task force shall submit a report containing its conclusions to the Governor and the joint committee on banks and banking.
(III) Any bank which operates an automated teller machine facility shall file a list of such facilities with the executive office of public safety and the division of banks, including the street addresses, intersecting streets, hours of operation, method of security, method of surveillance at each facility and the telephone number of the bank’s security department. The executive office of public safety shall distribute this list to each local police department.
(IV) Violations and penalties.
(a) A bank found to be in violation of any provision of subdivision I of this section shall be subject to a civil penalty of not more than $2,500. Each violation of any provision of subdivision I of this section with respect to a particular automated teller machine facility shall be considered a separate violation thereof.
(b) Any bank found to be in violation of any provision of subdivision I of this section shall correct the violation within 3 days after such finding or shall thereafter be subject to a civil penalty of not less than $500 or more than $1000 dollars and an additional civil penalty of $250 per day for such period that said violation remains uncorrected.
(c) Any bank found to be in violation of subdivision (VI) of this section shall be liable for a civil penalty of not more than $2000 for each automated teller machine facility for which a report has not been filed. Any bank which makes a material false statement or material omission in any report filed pursuant to subdivision III of this section shall be liable for a civil penalty of not more than $10,000 for each report.
(d) A proceeding to recover any civil penalty authorized to be imposed pursuant to this section shall be commenced by the service of a notice of violation which shall be returnable to the commissioner of banks. Such commissioner after due notice and an opportunity for a hearing, shall be authorized to impose the civil penalties prescribed by this section.
(V) Consumer safety information. Upon the original issuance or reissuance of an automated teller machine facility access card or code, or any other means or device permitting access to an automated teller facility, the issuing bank shall provide its customer with written information concerning safety precautions to be employed while using an automated teller machine facility. Such written information shall include at a minimum the information described in subparagraphs (i) through (v) of paragraph (h) of subdivision I of this section. In addition, until such time as all facilities are required to comply with security measures contained in this section, and for 1 year thereafter, such written information shall also include a statement indicating that entrance to an automated teller machine facility located within the interior of a building may be obtained by persons who are not authorized to use the automated teller machine facility.
(VI) Certification of compliance. Within 30 days after the effective date of this section, and each year thereafter every bank which has an automated teller machine facility which is in operation on such date shall submit a written report to the commissioner of banks certifying that such automated teller machine facility is in compliance with the provisions of this section, or if such facility is not in compliance with the provisions of this section, such report shall state the manner in which such facility fails to meet the requirements of this section and the reasons for such non-compliance.
(VII) Enforcement measures.
(a) The division of banks shall be authorized to enforce this section.
(b) Statistics of crimes associated with the use of automated teller machines compiled and maintained by the executive office of public safety shall be made available to all banks and the public.
(VIII) Exemptions. The provisions of this section shall not apply to any unenclosed automated teller machine located in any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, office buildings, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
| null |
[]
|
[]
|
[]
|
[]
|
An Act expanding agriculture preservation restrictions for hemp cultivation
|
H93
|
HD98
| 193
|
{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T11:41:11.157'}
|
[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T11:41:11.1566667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-09T11:41:11.3766667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T11:25:03.5933333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:58:05.5'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:06:17.4'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:30:56.0633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:31:57.69'}]
|
{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-09T11:41:11.157'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H93/DocumentHistoryActions
|
Bill
|
By Representatives Pignatelli of Lenox and Blais of Deerfield, a petition (accompanied by bill, House, No. 93) of Smitty Pignatelli, Natalie M. Blais and others relative to expanding agriculture preservation restrictions for hemp cultivation. Agriculture.
|
Section 2 of Chapter 61A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 4, after the word “tobacco” the following words:- "hemp as defined in section 116 of chapter 128".
| null |
[]
|
[]
|
[]
|
[]
|
An Act authorizing insurance providers to extend motor vehicle liability insurance rebates to customers with safe driving records
|
H930
|
HD1131
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:05:40.99'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:05:40.99'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H930/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 930) of Bruce J. Ayers that insurance companies be authorized to extend rebates to clients with safe driving records. Financial Services.
|
SECTION 1. Section 182 of Chapter 175 of the General Laws is hereby amended by striking out the following text as appearing on lines 11-13:— “or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety,”.
SECTION 2. Said section 182 of Chapter 175 of the General Laws is hereby further amended by inserting the following new text at the end thereof:—
“Nothing in this chapter shall prevent any motor vehicle liability insurance company from making supplemental agreements to extend rebates or partial refunds of the policy premium after the expiration of the term to any policy holder who is considered a safe driver under the safe driver insurance plan and who was not involved in any surchargable incidents during the period such policy was in effect; provided that any insurance company offering such a program shall offer this incentive to all policy holders who meet the aforesaid criteria, and provided further that all insurance companies electing to extend such benefits must first submit their plan to the commissioner and receive approval before they can implement such a program.”
SECTION 3. Section 183 of Chapter 175 of the General Laws is hereby amended by striking out clause “or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety,”.
SECTION 4. Said section 183 of Chapter 175 of the General Laws is hereby further amended by inserting the following text at the end thereof:— “Nothing in this section shall prohibit any person from participating in any motor vehicle liability policy rebate or partial policy refund program; provided, that such program has been approved by the commissioner.”
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to an investigation to review flood insurance rates
|
H931
|
HD1140
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:08:11.573'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:08:11.5733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H931/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 931) of Bruce J. Ayers that the Commissioner of the Division of Insurance be directed to make a bi-annual investigation relative to flood insurance rates. Financial Services.
|
Section 102D of Chapter 175A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph at the end thereof:–
The commissioner shall conduct a biennial investigation into flood insurance rates set by the national flood insurance program. The investigation shall focus on the affordability of flood insurance for home and business owners, the sustainability of the program, and whether the flood insurance premiums accurately reflect the risk of loss. The commissioner shall make each biennial report available to the public and submit the report to the clerks of the house of representatives and the senate.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to modernization of insurance laws
|
H932
|
HD1191
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:27:35.933'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:27:35.9333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H932/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 932) of Bruce J. Ayers relative to the designation of beneficiaries for life insurance policies. Financial Services.
|
Section 123 of said chapter 175, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
No life insurance company shall accept or take action on any request to change the designation of beneficiary under any policy of life or endowment insurance unless the identity of the person requesting the change is verified by the insurance company to the extent reasonable and practicable. Verification may include a disinterested person witnessing the signature of the person requesting the change, or other proof acceptable to the insurance company. For purposes of this section, a disinterested person is one who is over eighteen years of age and not designated as a beneficiary in the requested change. Upon receipt and acceptance of the change of designation of beneficiary, the insurance company shall provide written notice of the change to the policy owner at the owner's last known address.
| null |
[]
|
[]
|
[]
|
[]
|
An Act providing mortgage customers additional mandatory information regarding their accounts
|
H933
|
HD1199
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:31:20.083'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:31:20.0833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H933/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 933) of Bruce J. Ayers that banking and lending institutions be required to issue certain information on monthly statements to mortgage loan customers. Financial Services.
|
SECTION 1. Chapter 167E of the General Laws is hereby amended by inserting after section 16 the following new section:—Section 17. Banks and lending institutions shall issue monthly statements to their mortgage loan customers which includes, but is not limited to, the following information: the balance of principal remaining to be paid; a confirmation of the most recent payment received; and the balance of any escrow accounts and a description of any payments from such escrow accounts.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to enact the pharmacy benefit manager compensation reform
|
H934
|
HD1493
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:56:58.407'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:56:58.4066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H934/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 934) of Bruce J. Ayers relative to pharmacy benefit manager insurance compensation reform. Financial Services.
|
SECTION 1: The General Laws are hereby amended by inserting after Chapter 175M following new chapter:
CHAPTER 175N. Pharmacy Benefit Manager Compensation Reform Act of 2022
Section 1. Definitions
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Carrier”, any health insurance issuer that is subject to state law regulating insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state or local governmental employer plan.
“Commissioner”, the commissioner of insurance.
“Division”, the division of insurance.
“Enrollee”, any individual entitled to coverage of health care services from a carrier.
“Health benefit plan”, a policy, contract, certificate or agreement entered into, offered or issued by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.
“Person”, a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency.
“Pharmacy benefit management fee”, a fee that covers the cost of providing one or more pharmacy benefit management services and that does not exceed the value of the service or services actually performed by the pharmacy benefit manager.
“Pharmacy benefit management service”:
(i) Negotiating the price of prescription drugs, including negotiating and contracting for direct or indirect rebates, discounts, or other price concessions.
(ii) Managing any aspect(s) of a prescription drug benefit, including but not limited to, the processing and payment of claims for prescription drugs, the performance of utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, managing data relating to the prescription drug benefit, or the provision of services related thereto.
(iii) Performing any administrative, managerial, clinical, pricing, financial, reimbursement, data administration or reporting, or billing service; and
(vii) Such other services as the commissioner may define in regulation.
“Pharmacy benefit manager”, any person that, pursuant to a written agreement with a carrier or health benefit plan, either directly or indirectly, provides one or more pharmacy benefit management services on behalf of the carrier or health benefit plan, and any agent, contractor, intermediary, affiliate, subsidiary, or related entity of such person who facilitates, provides, directs, or oversees the provision of the pharmacy benefit management services.
“Pharmacy benefit manager duty”, a duty and obligation to perform pharmacy benefit management services with care, skill, prudence, diligence, fairness, transparency, and professionalism, and for the best interests of the enrollee, the health benefit plan, and the provider, as consistent with the requirements of this section and any regulations that may be adopted to implement this chapter.
“Price protection rebate”, a negotiated price concession that accrues directly or indirectly to the carrier or health benefit plan, or other party on behalf of the carrier or health benefit plan, including a pharmacy benefit manager, in the event of an increase in the wholesale acquisition cost of a drug above a specified threshold.
“Provider”, an individual or entity that provides, dispenses, or administers one or more units of a prescription drug.
“Related entity”:
(i) any entity, whether foreign or domestic, that is a member of any controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code, except that “50 percent” shall be substituted for “80 percent” wherever the latter percentage appears in such code) of which a pharmacy benefit manager is a member; or
(ii) any of the following persons or entities that are treated as a related entity to the extent provided in rules adopted by the commissioner:
(A) a person other than a corporation that is treated under such rules as a related entity of a pharmacy benefit manager, or
(B) a person or entity that is treated under such rules as affiliated with a pharmacy benefit manager in cases where the pharmacy benefit manager is a person other than a corporation.
“Rebate”:
(i) Negotiated price concessions including but not limited to base price concessions (whether described as a “rebate” or otherwise) and reasonable estimates of any price protection rebates and performance-based price concessions that may accrue directly or indirectly to the carrier or health benefit plan, or other party on behalf of the carrier or health benefit plan, including a pharmacy benefit manager, during the coverage year from a manufacturer, dispensing pharmacy, or other party in connection with the dispensing or administration of a prescription drug, and
(ii) Reasonable estimates of any negotiated price concessions, fees and other administrative costs that are passed through, or are reasonably anticipated to be passed through, to the carrier or health benefit plan, or other party on behalf of the carrier or health benefit plan, including a pharmacy benefit manager, and serve to reduce the carrier or health benefit plan’s liabilities for a prescription drug.
“Spread pricing”, any amount charged or claimed by a pharmacy benefit manager in excess of the ingredient cost for a dispensed prescription drug plus dispensing fee paid directly or indirectly to any pharmacy, pharmacist, or other provider on behalf of the health benefit plan, less a pharmacy benefit management fee.
“Unaffiliated pharmacy”, any dispensing pharmacy that is not fractionally or wholly owned by, or a subsidiary or an affiliate of, a pharmacy benefit manager.
Section 2. Compensation and Prohibition on Spread Pricing
(a) No pharmacy benefit manager may derive income from pharmacy benefit management services provided to a carrier or health benefit plan in this state except for income derived from a pharmacy benefit management fee. The amount of any pharmacy benefit management fees must be set forth in the agreement between the pharmacy benefit manager and the carrier or health benefit plan.
(b) The pharmacy benefit management fee charged by or paid to a pharmacy benefit manager from a carrier or health benefit plan shall not be directly or indirectly based or contingent upon:
(1) the acquisition cost or any other price metric of a drug;
(2) the amount of savings, rebates, or other fees charged, realized, or collected by or generated based on the activity of the pharmacy benefit manager; or
(3) the amount of premiums, deductibles, or other cost sharing or fees charged, realized, or collected by the pharmacy benefit manager from patients or other persons on behalf of a patient.
(c) Annually by December 31, each pharmacy benefit manager operating in the state must certify to the commissioner that it has fully and completely complied with the requirements of this section throughout the prior calendar year. Such certification must be signed by the chief executive officer or chief financial officer of the pharmacy benefit manager.
(d) No pharmacy benefit manager, carrier, or health benefit plan may, either directly or through an intermediary, agent, or affiliate engage in, facilitate, or enter into a contract with another person involving spread pricing in this state.
(e) A pharmacy benefit manager contract with a carrier or health benefit plan entered into, renewed, or amended on or after the effective date this act must:
(1) Specify all forms of revenue, including pharmacy benefit management fees, to be paid by the carrier or health benefit plan to the pharmacy benefit manager; and
(2) Acknowledge that spread pricing is not permitted in accordance with this section.
Section 3. Audits of Pharmacy Benefit Managers
(a) The commissioner and any carrier or health benefit plan contracted with a pharmacy benefit manager holding a license issued by the division may audit the pharmacy benefit manager once per calendar year. This audit right is in addition to, and shall not be construed to limit, any other audit rights authorized by law or contract. As part of any such audit, the commissioner, carrier, or health benefit plan may request information including but not limited to the following:
(1) All reimbursement paid to retail pharmacies, on a claim level, for all customers of the pharmacy benefit manager in the state, including drug-specific reimbursement, dispensing fees, all rebates, other fees, ancillary charges, clawbacks, or adjustments to reimbursement;
(2) Any difference in reimbursement paid to affiliated pharmacies and unaffiliated pharmacies, including differences in reimbursed ingredient costs and dispensing fees;
(3) Historical claims data including ingredient cost, quantity, dispensing fee, sales tax, usual & customary price, channel (mail/retail), carrier or health benefit plan paid amount, days’ supply, the amount paid by the covered individual, formulary tier, acquisition cost, and any administrative fee associated with the claim, as applicable; and
(4) Aggregate rebate amounts received directly or indirectly from manufacturers (including from any other entity affiliated with or related to the pharmacy benefit manager that negotiates or contracts with manufacturers, such as group purchasing organizations and rebate aggregators) by calendar quarter.
(b) The pharmacy benefit manager shall provide information referenced in subsection (a) within thirty (30) days of its receipt of any request from the commissioner, carrier, or health benefit plan.
(c) The commissioner may dictate the form in which the pharmacy benefit manager will provide information in response to an audit under subsection (a).
(d) The pharmacy benefit manager must certify that all information submitted to the commissioner, or any carrier or health benefit plan in accordance with this section is accurate and complete in all material respects. Such certification must be signed by the chief executive officer or chief financial officer of the pharmacy benefit manager.
(e) The commissioner and any carrier or health benefit plan contracted with a pharmacy benefit manager holding a license issued by the division shall not directly or indirectly publish or otherwise disclose any confidential, proprietary information, including but not limited to any information that would reveal the identity of a specific health benefit plan or manufacturer, the price(s) charged for a specific drug or class of drugs, the amount of any rebates provided for a specific drug or class of drugs, or that would otherwise have the potential to compromise the financial, competitive, or proprietary nature of the information. Such information shall be considered to be a trade secret and confidential commercial information, shall not be considered a public record, within the meaning of chapter sixty-six of the General Laws, and shall not be disclosed directly or indirectly, or in a manner that would allow for the identification of an individual product, therapeutic class of products, or manufacturer, or in a manner that would have the potential to compromise the financial, competitive, or proprietary nature of the information. The commissioner and any carrier or health benefit plan contracted with a pharmacy benefit manager holding a license issued by the division shall impose the confidentiality protections of this subsection on any vendor or downstream third party that may receive or have access to this information.
Section 4. Savings Clause
(a) In implementing the requirements of this Act, the state shall only regulate a pharmacy benefit manager, carrier, or health benefit plan to the extent permissible under applicable law.
(b) If any section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, is for any reason held to be illegal or invalid, this illegality or invalidity shall not affect the remainder thereof or any other section, provision, or portion of this Act, including any condition or prerequisite to any action or determination thereunder, which shall be construed and enforced and applied as if such illegal or invalid portion were not contained therein.
Section 5. Penalties
(a) If the commissioner determines that a pharmacy benefit manager is in violation of this chapter or any rule or regulation promulgated under this chapter, the commissioner shall issue a monetary penalty, suspend or revoke the pharmacy benefit manager’s license or take other action that the commissioner deems necessary.
(b) The commissioner shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section.
Section 6. Rules
The commissioner shall adopt any written policies, procedures or regulations the commissioner determines necessary to implement this section.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to an investigation of flood insurance by the attorney general
|
H935
|
HD2900
| 193
|
{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-19T17:58:15.887'}
|
[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-19T17:58:15.8866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H935/DocumentHistoryActions
|
Bill
|
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 935) of Bruce J. Ayers for legislation to direct the Attorney General to provide for a study of the methodology used to promulgate new flood insurance rate maps through the National Flood Insurance Program. Financial Services.
|
SECTION 1: Section 11F of Chapter 12 of the General Laws is hereby amended by inserting the following at the end thereof:-
The attorney general is also hereby authorized to intervene in administrative or judicial proceedings on behalf of any group of consumers in connection with the national flood insurance program relating to the setting of rates, prices, and charges, the promulgation of municipal flood insurance rate maps, and the administration of flood insurance claims.
| null |
[]
|
[]
|
[]
|
[]
|
An Act providing continuity of care for mental health treatment
|
H936
|
HD1222
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T11:44:53.283'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T11:44:53.2833333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T11:47:16.3066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T18:08:45.2766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T10:57:27.58'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T10:57:27.58'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:57:27.58'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T16:02:21.4333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T10:26:26.99'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-07T13:24:19.22'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-29T16:10:16.9633333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-06-28T13:47:34.68'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:48:19.0333333'}]
|
{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T11:44:53.283'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H936/DocumentHistoryActions
|
Bill
|
By Representatives Balser of Newton and Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 936) of Ruth B. Balser, Tricia Farley-Bouvier and others relative to providing continuity of care for mental health treatment insurance coverage. Financial Services.
|
SECTION 1. Section 1 of chapter 176O of the General Laws is hereby amended by inserting after the definition of “Concurrent review” the following definition:-
“Continuing course of treatment”, having at least 1 visit in the past 4 months for the same or similar mental health diagnosis or set of symptoms.
SECTION 2. Subsection (e) of section 15 of said chapter 176O is hereby amended by striking out the words “that could have been imposed if the provider had not been disenrolled;” and inserting in place thereof the following words:- permitted under this section;.
SECTION 3. The second sentence of said subsection (e) of said section 15 of said chapter 176O is hereby further amended by striking out the word “remained” and inserting in place thereof the following words:- had been.
SECTION 4. Section 15 of said chapter 176O is hereby further amended by adding after subsection (k) the following subsection:-
(l) A carrier shall allow any insured who is engaged in a continuing course of treatment with a licensed mental health provider eligible for coverage under the plan, and whose provider in connection with said mental health treatment is involuntarily or voluntarily disenrolled, other than for quality-related reasons or for fraud, or whose carrier has changed for any reason thereby placing the provider out-of-network, to continue treatment with said provider through an out-of-network option, pursuant to the following:
(1) The carrier shall reimburse the licensed mental health care professional the usual network per-unit reimbursement rate for the relevant service and provider type as payment in full. If more than one reimbursement rate exists, the carrier shall use the median reimbursement rate.
(2) The non-network option may require that a covered person pay a higher co-payment only if the higher co-payment results from increased costs caused by the use of a non-network provider. The carrier shall provide an actuarial demonstration of the increased costs to the division of health care finance and policy at the commissioner’s request. If the increased costs are not justified, the commissioner shall require the carrier to recalculate the appropriate costs allowed and resubmit the appropriate co-payment to the division of health care finance and policy.
(3) No additional charges, costs or deductibles may be levied due to the exercise of the out-of-network option. The amount of any additional co-payment charged by the carrier for the additional cost of the creation and maintenance of coverage described in subsection (1) shall be paid by the covered person unless it is paid by an employer or other person through agreement with the carrier.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to transparency of consumer health insurance rights
|
H937
|
HD1274
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:23:46.707'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:23:46.7066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H937/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 937) of Ruth B. Balser relative to the display of information on enrollment cards of health plans. Financial Services.
|
SECTION 1. Chapter 176O, is hereby amended by striking out section 19 and inserting in place thereof the following section:-
Section 19. Display of information on enrollment cards of carrier
(a) A carrier shall state prominently on the front or back of its enrollment cards the following:
(1) The statement “This health plan is fully-insured, subject to all Massachusetts insurance laws.”
(2) The name of the carrier, and the name of the insured’s specific health plan, including any numbers or other information necessary to identify the insured’s plan.
(3) A toll-free telephone number for the member services department of the carrier.
(4) The name and toll-free telephone number of the member services department of any third party that administers behavioral health, prescription drug, or other benefits.
(5) The amount of any copayment under the plan for preventive care visits, office visits, emergency department visits and prescription drugs.
(6) Whether the plan has a deductible, and the amount of any deductible under the plan.
(7) Any other information required by commissioner of insurance.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to breast cancer screening and early detection
|
H938
|
HD2317
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:17:00.693'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:17:00.6933333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-31T16:55:19.5033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T16:05:43.5266667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H938/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 938) of Ruth B. Balser relative to breast cancer screening and early detection healthcare coverage. Financial Services.
|
SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 30 thereof the following section: -
Section 31. Notwithstanding any general or special law or rule or regulation to the contrary, any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer, for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10M thereof the following new section: -
Section 10N. Notwithstanding any general or special law or rule or regulation to the contrary, the Executive Office of Health and Human Services shall provide coverage under its Medicaid contracted health insurers, health plans, health maintenance organizations, and third party administrators under contract to a Medicaid managed care organization, the Medicaid primary care clinician plan, or an accountable care organization for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47LL thereof the following section: -
Section 47MM. Notwithstanding any general or special law or rule or regulation to the contrary, any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for screening breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8NN thereof the following section: -
Section 8OO. Notwithstanding any general or special law or rule or regulation to the contrary, any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4NN thereof the following section: -
Section 4OO. Notwithstanding any general or special law or rule or regulation to the contrary, any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4FF thereof the following section: -
Section 4GG. Notwithstanding any general or special law or rule or regulation to the contrary, any individual or group health maintenance contract that provides coverage for screening mammograms shall provide coverage for diagnostic examinations for breast cancer and for digital breast tomosynthesis screening and medically necessary and appropriate screening with breast magnetic resonance imaging or breast ultrasound on a basis not less favorable than screening mammograms that are covered as medical benefits. An increase in patient cost sharing for screening mammograms, for digital breast tomosynthesis, for screening breast magnetic resonance imaging, for breast ultrasound or for diagnostic examinations for breast cancer shall not be allowed to achieve compliance with this section. For the purposes of this section, “diagnostic examinations for breast cancer” means a medically necessary and appropriate examination for breast cancer to evaluate the abnormality in the breast that is seen or suspected from a screening examination for breast cancer, detected by another means of examination; or suspected based on the medical history or family medical history of the individual. “Examination for breast cancer” includes an examination used to evaluate an abnormality in a breast using diagnostic mammography, digital breast tomosynthesis, breast magnetic resonance imaging or breast ultrasound. “Cost sharing” shall mean a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
SECTION 7. The provisions of this Act shall be effective for all contracts which are entered into, renewed, or amended on or after January 1, 2024
| null |
[]
|
[]
|
[]
|
[]
|
An Act to update mental health parity
|
H939
|
HD2381
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:40:16.893'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:40:16.8933333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H939/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 939) of Ruth B. Balser for legislation to update the mental health insurance parity law. Financial Services.
|
SECTION 1. Section 22 of chapter 32A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage on a nondiscriminatory basis for the diagnosis and medically necessary treatment of any mental disorder including autism spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current version of the International Classification of Diseases (ICD).
SECTION 2. Said section 22 of said chapter 32A, as so appearing, is hereby further amended by striking out subsections (b) and (e).
SECTION 3. Section 47B of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Section 47B. (a) An individual policy of accident and sickness insurance issued pursuant to section 108, which provides hospital expense and surgical expense insurance, and a group blanket or general policy of accident and sickness insurance issued pursuant to section 110, which provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all policyholders having a principal place of employment in the commonwealth coverage on a nondiscriminatory basis for the diagnosis and medically necessary treatment of any mental disorder including autism spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current version of the International Classification of Diseases (ICD).
SECTION 4. Said section 47B of said chapter 175, as so appearing, is hereby further amended by striking out subsections (b) and (e).
SECTION 5. Section 8A of chapter 176A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
Section 8A. (a) A contract between a subscriber and the corporation under an individual or group hospital service plan which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members and group members having a principal place of employment in the commonwealth for the diagnosis and medically necessary treatment of any mental disorder including autism spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current version of the International Classification of Diseases (ICD).
SECTION 6. Section 8A of chapter 176A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsections (b) and (e).
SECTION 7. Section 4A of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) A subscription certificate under an individual or group medical service agreement which is issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment in the commonwealth for the diagnosis and medically necessary treatment of any mental disorder including autism spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current version of the International Classification of Diseases (ICD).
SECTION 8. Section 4A of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out subsections (b) and (e).
SECTION 9. Section 4M of said chapter 176G, as so appearing, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:—
(a) A health maintenance contract issued or renewed within or without the commonwealth shall provide mental health benefits on a nondiscriminatory basis to residents of the commonwealth and to all members or enrollees having a principal place of employment in the commonwealth for the diagnosis and medically necessary treatment of any mental disorder including autism spectrum disorder, as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the most current version of the International Classification of Diseases (ICD)
SECTION 10. Section 4M of said chapter 176G, as so appearing, is hereby further amended by striking out subsection (b) and (e).
SECTION 11. All policies, contracts and certificates of health insurance subject to section 22 of chapter 32A, section 47B of chapter 175, section 8A of chapter 176A, section 4A of chapter 176B, or section 4M of chapter 176G of the General Laws that are delivered, issued or renewed on or after July 1, 2024 shall conform with this act. Form filings implementing this act shall be subject to the approval of the commissioner of insurance.
| null |
[]
|
[]
|
[]
|
[]
|
An Act clarifying the definition of agriculture
|
H94
|
HD125
| 193
|
{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:59:51.577'}
|
[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T17:59:51.5766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-09T17:59:56.49'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:55:22.7733333'}]
|
{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-09T17:59:51.577'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H94/DocumentHistoryActions
|
Bill
|
By Representative Sabadosa of Northampton and Senator Oliveira, a joint petition (accompanied by bill, House, No. 94) of Lindsay N. Sabadosa, Jacob R. Oliveira and Margaret R. Scarsdale for legislation to include the growing and cultivation of both hemp and marijuana in the definition of agriculture. Agriculture.
|
The first paragraph of MGL 128 Section 1a shall be amended to include the phrase “the growing and cultivation of both hemp and marijuana,” after the phrase “floricultural or horticultural commodities”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring mental health parity for disability policies
|
H940
|
HD2438
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:55:42.98'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:55:42.98'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T12:27:48.9933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T16:05:24.9066667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-06-28T13:46:58.7'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-07-24T10:27:37.0766667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H940/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 940) of Ruth B. Balser and James B. Eldridge relative to mental health parity for disability policies. Financial Services.
|
SECTION 1. Section 108 of chapter 175 of the General Laws is hereby amended by adding the following:-
"13. No individual policy of short-term or long-term disability insurance providing income replacement benefits that is issued or renewed in the Commonwealth shall discriminate against persons disabled due to a mental health condition. “Mental health condition” is defined as any condition or disorder involving mental illness or substance use that falls under any of the diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of the international classification of disease, as periodically revised. Discrimination includes:
1. Limiting benefits or excluding coverage for disabilities on the basis that the disability results from a mental health condition as defined herein.
2. Limitations on benefits or coverage exclusions for any disability resulting from a mental health condition that are not applied equally to all disabilities."
SECTION 2. Section 110 of chapter 175 of the General Laws is hereby amended by adding the following subsection:-
"Q. No certificate of coverage under a group policy of short-term or long-term disability insurance providing income replacement benefits that is issued or renewed in the Commonwealth shall discriminate against persons disabled due to a mental health condition. "Mental health condition" is defined as any condition or disorder involving mental illness or substance use that falls under any of the diagnostic categories listed in the mental, behavioral or neurodevelopmental disorders section of the international classification of disease, as periodically revised. Discrimination includes:
1. Limiting benefits or excluding coverage for disabilities on the basis that the disability results from a mental health condition as defined herein.
2. Limitations on benefits or coverage exclusions for any disability resulting from a mental health condition that are not applied equally to all disabilities."
SECTION 3. Nothing in this Act shall be construed to prohibit periodic medical exams or other procedures reasonably calculated to determine whether or not a disability exists, or continues to exist; provided said examinations, procedures or protocols are comparable and no more frequent or onerous than those required for disabilities caused by physical disorders.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to utilization review
|
H941
|
HD3473
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:54:14.323'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T12:54:14.3233333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H941/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 941) of Ruth B. Balser relative to healthcare carrier utilization review. Financial Services.
|
SECTION 1. Chapter 176O of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 29 the following 2 sections:-
Section 30: (a) A carrier or utilization review organization shall not perform prior authorization on health care services or benefits under the following circumstances:
(1) For generic prescription drugs that are not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C.
(2) For any prescription drug, generic or brand name, that is not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C after an insured has been prescribed the drug without interruption for six months.
(3) For any prescription drug or drugs, generic or brand name, on the grounds of therapeutic duplication if the insured has already been subject to prior authorization on the grounds of therapeutic duplication for the same dosage of such prescription drug or drugs and coverage of such prescription drug or drugs was approved.
(4) For any prescription drug, generic or brand name, solely because the dosage of the medication for the insured has been adjusted by the prescriber of such prescription drug.
(5) For any prescription drug, generic or brand name, that is a long-acting injectable antipsychotic.
(6) For any prescription drug, generic or brand name, approved by the federal Food and Drug Administration for the treatment of opioid use disorders.
(b) Any adverse determination for a prescription drug made during the course of prior authorization by a carrier or utilization review organization shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, provided that prior authorization that does not result in an adverse determination shall not require the involvement of a physician on the part of a carrier or utilization review organization.
(c) A carrier or utilization review organization shall not perform retrospective review on any health care services or benefits under the following circumstances:
(1) When payment has already been furnished to the provider of a health care service or benefit unless the carrier or utilization review organization has a credible reason or reasons to believe that fraud or other illegal activity may have occurred involving such health care service or benefit for which payment has been furnished.
(2) When a health care service or benefit has been previously approved and deemed medically necessary during prior authorization or concurrent review, provided that the carrier or utilization review organization may perform retrospective review if such health care service or benefit was delivered in a manner that exceeded the scope or duration of what was approved during prior authorization or concurrent review
(3) Reviewing approved, paid, or pending claims or authorizations of health care services or benefits for the purposes of informing future utilization review activities shall not be considered a form of retrospective review.
Section 31: (a) Any adverse determination for a prescription drug made during the course of prior authorization shall be eligible for an expedited internal grievance process if the prescriber of the prescription drug subject to the prior authorization believes that, in his or her professional judgment, the insured will suffer serious harm without access to the prescription drug subject to prior authorization.
(b) Upon initiation of the expedited internal grievance process by the prescriber of the prescription drug subject to prior authorization, a carrier or utilization review organization shall render a decision on the expedited internal grievance within 48 hours and provide written notice.
(c) If a carrier or utilization review organization does not render a decision on the expedited internal grievance initiated by the prescriber of the prescription drug subject to prior authorization within 48 hours of initiation, the initial adverse determination shall be automatically overturned and the insured shall be granted immediate approval for coverage of the prescription drug subject to prior authorization.
(d) The decision rendered during the expedited grievance process by the carrier or utilization review organization shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, but shall not be the same physician that rendered the initial adverse determination for the prescription drug subject to prior authorization.
SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 79 the following 2 sections:-
Section 80: (a) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall not perform prior authorization on health care services or benefits under the following circumstances:
(1) For generic prescription drugs that are not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C.
(2) For any prescription drug, generic or brand name, that is not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C after an enrollee has been prescribed the drug without interruption for six months.
(3) For any prescription drug or drugs, generic or brand name, on the grounds of therapeutic duplication if the enrollee has already been subject to prior authorization on the grounds of therapeutic duplication for the same dosage of such prescription drug or drugs and coverage of such prescription drug or drugs was approved.
(4) For any prescription drug, generic or brand name, solely because the dosage of the medication for the enrollee has been adjusted by the prescriber of such prescription drug.
(5) For any prescription drug, generic or brand name, that is a long-acting injectable antipsychotic.
(6) For any prescription drug, generic or brand name, approved by the federal Food and Drug Administration for the treatment of opioid use disorders.
(b) Any adverse determination for a prescription drug made during the course of prior authorization by the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, provided that prior authorization that does not result in an adverse determination shall not require the involvement of a physician on the part of the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan.
(c) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall not perform retrospective review on any health care services or benefits under the following circumstances:
(1) When payment has already been furnished to the provider of a health care service or benefit unless the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan has a credible reason or reasons to believe that fraud or other illegal activity may have occurred involving such health care service or benefit for which payment has been furnished.
(2) When a health care service or benefit has been previously approved and deemed medically necessary during prior authorization or concurrent review, provided that the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan may perform retrospective review if such health care service or benefit was delivered in a manner that exceeded the scope or duration of what was approved during prior authorization or concurrent review.
(3) Reviewing approved, paid, or pending claims or authorizations of health care services or benefits for the purposes of informing future utilization review activities shall not be considered a form of retrospective review.
Section 81: (a) Any adverse determination for a prescription drug made during the course of prior authorization shall be eligible for an expedited grievance process if the prescriber of the prescription drug subject to the prior authorization believes that, in his or her professional judgment, the enrollee will suffer serious harm without access to the prescription drug subject to prior authorization.
(b) Upon initiation of the expedited grievance process by the prescriber of the prescription drug subject to prior authorization, the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall render a decision on the expedited internal grievance within 48 hours and provide written notice.
(c) If the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan does not render a decision on the expedited internal grievance initiated by the prescriber of the prescription drug subject to prior authorization within 48 hours of initiation, the initial adverse determination shall be automatically overturned and the enrollee shall be granted immediate approval for coverage of the prescription drug subject to prior authorization.
(d) The decision rendered during the expedited grievance process by the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization, accountable care organization or primary care clinician plan shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, but shall not be the same physician that rendered the initial adverse determination for the prescription drug subject to prior authorization.
SECTION 3. Chapter 32A of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 30 the following 2 sections:-
Section 31: (a) Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall not include prior authorization on health care services or benefits under the following circumstances:
(1) For generic prescription drugs that are not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C.
(2) For any prescription drug, generic or brand name, that is not listed within any of the schedules of controlled substances found at 21 CFR 1308.11 through 21 CFR 1308.15 or schedules 1 through 5 of the schedules of controlled substances established under Chapter 94C after an insured has been prescribed the drug without interruption for six months.
(3) For any prescription drug or drugs, generic or brand name, on the grounds of therapeutic duplication if the insured has already been subject to prior authorization on the grounds of therapeutic duplication for the same dosage of such prescription drug or drugs and coverage of such prescription drug or drugs was approved.
(4) For any prescription drug, generic or brand name, solely because the dosage of the medication for the insured has been adjusted by the prescriber of such prescription drug.
(5) For any prescription drug, generic or brand name, that is a long-acting injectable antipsychotic.
(6) For any prescription drug, generic or brand name, approved by the federal Food and Drug Administration for the treatment of opioid use disorders.
(b) Any adverse determination for a prescription drug made during the course of prior authorization shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, provided that prior authorization that does not result in an adverse determination shall not require the involvement of a physician.
(c) Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall not include retrospective review on any health care services or benefits under the following circumstances:
(1) When payment has already been furnished to the provider of a health care service or benefit unless there is a credible reason or reasons to believe that fraud or other illegal activity may have occurred involving such health care service or benefit for which payment has been furnished.
(2) When a health care service or benefit has been previously approved and deemed medically necessary during prior authorization or concurrent review, provided that retrospective review is allowed if such health care service or benefit was delivered in a manner that exceeded the scope or duration of what was approved during prior authorization or concurrent review.
(3) Reviewing approved, paid, or pending claims or authorizations of health care services or benefits for the purposes of informing future utilization review activities shall not be considered a form of retrospective review.
Section 32: (a) Any adverse determination for a prescription drug made during the course of prior authorization shall be eligible for an expedited grievance process if the prescriber of the prescription drug subject to the prior authorization believes that, in his or her professional judgment, the insured will suffer serious harm without access to the prescription drug subject to prior authorization.
(b) Upon initiation of the expedited grievance process by the prescriber of the prescription drug subject to prior authorization, coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall render a decision on the expedited internal grievance within 48 hours and provide written notice.
(c) If Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission does not render a decision on the expedited internal grievance initiated by the prescriber of the prescription drug subject to prior authorization within 48 hours of initiation, the initial adverse determination shall be automatically overturned and the insured shall be granted immediate approval for coverage of the prescription drug subject to prior authorization.
(d) The decision rendered during the expedited grievance process shall be made by a physician who is in the same specialty as the prescriber of the prescription drug subject to prior authorization, or shall be made by a physician whose specialty focuses on the diagnosis and treatment of the condition for which the prescription drug was prescribed to treat, but shall not be the same physician that rendered the initial adverse determination for the prescription drug subject to prior authorization.
| null |
[]
|
[]
|
[]
|
[]
|
An Act establishing a Massachusetts foreclosure prevention program
|
H942
|
HD1551
| 193
|
{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:16:50.233'}
|
[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:16:50.2333333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-18T15:18:32.5233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T16:22:36.1966667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-09T13:32:14.9533333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-05T10:23:47.88'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-05-25T09:08:52.9166667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-25T10:23:45.5933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-11T00:19:06.1833333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T10:44:29.2666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T09:44:59.02'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-27T13:14:45.6433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-28T12:41:53.4966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:27:46.5633333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T15:01:15.2466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:38:37.42'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T14:14:52.2133333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-14T13:10:56.3'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:11:37.7466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:20:15.05'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T11:31:17.16'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-09T14:06:15.9733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T16:18:38.4466667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-27T18:53:08.58'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:17:58.41'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:52:22.08'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:30:12.9833333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T16:27:31.8466667'}]
|
{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-18T15:16:50.233'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H942/DocumentHistoryActions
|
Bill
|
By Representatives Barber of Somerville and Capano of Lynn, a petition (accompanied by bill, House, No. 942) of Christine P. Barber, Peter Capano and others relative to establishing a foreclosure prevention program. Financial Services.
|
SECTION 1. Chapter 244 of the Massachusetts General Laws is hereby amended by inserting after section 35C the following section: -
Section 35D. FORECLOSURE PREVENTION PROGRAM
Section 35D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Massachusetts Foreclosure Prevention Program”, the program established by this section, that provides supervised conferences where parties make a good faith effort to avoid foreclosure through application of sustainable foreclosure prevention alternatives.
“Covered loans”, all loans secured by 1 or more liens placed with the borrower’s consent on real property that serves as the borrower’s primary residence, including properties with up to 4 rental units provided that the property also serves as the borrower’s primary residence, including voluntary liens and liens created under terms of a deed of trust or mortgage, including loans secured by reverse mortgages, condominium, and cooperative units; provided further that covered loans shall not include judgment liens, tax liens, liens for municipal services, or any liens imposed by a governmental unit in connection with an assessment or penalty. This section applies to loans secured by reverse mortgages, condominium, and cooperative units.
“Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly or in a nominee capacity, a mortgage loan securing an owner-occupied residential property, including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee, nominee holder, Mortgage Electronic Registration System or mortgage servicer, including the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; provided, that ''creditor'' shall also include any servant, employee or agent of a creditor; and provided, further, that the bodies politic and corporate and public instrumentalities of the commonwealth established in chapter 708 of the acts of 1966 and in section 35 of chapter 405 of the acts of 1985 shall not be a creditor.
“Creditor’s representative”, a person who has the authority to negotiate and approve the terms of and modify a mortgage loan, or a person who, under a servicing agreement, has the authority to negotiate and approve the terms of and modify a mortgage loan, and has the authority to appear on behalf of the creditor at the foreclosure prevention conferences, and has the authority and ability to communicate loss mitigation decisions at the foreclosure prevention conference; provided further that the creditor’s representative may not be the attorney representing the creditor of the loan in the foreclosure.
“Eligible borrowers”, a mortgagor of a mortgage loan, or successor in interest to a mortgagor, who meet 1 or more of the following: (i) borrowers with covered loans who are served with a notice of right to cure pursuant to section 35A and elect to participate in the conference program; (ii) borrowers with covered loans who have not been served with a notice of right to cure pursuant to section 35A, including borrowers who are current in mortgage payments, but who are at imminent risk of default and elect to participate in the conference program; (iii) borrowers who are referred to the conference program by a judge at any time; (iv) borrowers in active bankruptcy cases whose loans are in default or are at imminent risk of default and are eligible to participate in the conference program so long as the bankruptcy court, either in the individual case or through a standing order, has granted relief from the automatic stay to all parties for the purpose of participating in the conferences, provided further that the borrower’s prior discharge of personal liability on the underlying loan debt does not preclude participation in the conferences.
“Foreclosure prevention program administrator”, a government or non-profit organization designated by the attorney general to administer the Massachusetts Foreclosure Prevention Program. The administrator shall develop guidelines and standards for conference monitor trainings to ensure monitors have a working knowledge of all federal and state programs available to help homeowners retain their homes.
“Foreclosure prevention program conference monitors”, individuals appointed by the administrator and trained to facilitate foreclosure prevention conferences, who may include (i) active retired justices or judges who may be assigned by the respective chief justice or justice of the court; (ii) people educated or experienced in the professions of law, real estate, accounting, or mediation, or (iii) people who have worked with homeowners or creditors. Conference monitors will be immune from civil liability for performance of their duties under this section, except for gross negligence.
“Good faith”, honesty in fact and the observance of reasonable commercial standards of fair dealing, required by creditors participating in foreclosure prevention conferences in evaluating borrowers for all available foreclosure prevention options, in compliance with all state and federal laws, rules, and regulations,
“Certificate of compliance”, certificate issued by the administrator upon finding that (i) the creditor made a good faith effort to reach a mutually agreeable commercially reasonable alternative to foreclosure, or (ii) despite reasonable notice, the borrower declined to participate in the foreclosure prevention program.
“Loss mitigation”, systematic consideration of all alternatives to a foreclosure sale that will minimize losses to creditors in the covered loan and avoid foreclosure where possible.
(b) Conference procedure: The creditor of a covered loan and eligible borrower shall engage in good faith in the Foreclosure Prevention Program conferences as set out in this section.
(1) Notice of intention to foreclose. The creditor of a covered loan who serves a borrower with the notice of right to cure under section 35A shall concurrently serve the Administrator with a copy of the notice.
(2) Notice of conference. Within 5 business days of the Administrator’s receipt of the copy of the notice of right to cure, or a request from an eligible borrower to participate in the foreclosure prevention program, the Administrator shall mail to the borrower a notice of right to participate in a supervised foreclosure prevention conference. The notice shall describe the rules and procedures for the conference and provide the borrower with referral information for HUD-certified housing counselors approved by the Administrator. The notice shall describe the state law foreclosure procedures and timeline.
(3) Election to proceed with conference. The notice of the conference shall include a check-box for the borrower to indicate an election to participate. The notice will also include a check-box for the borrower to indicate election for all parties to participate in-person rather than by videoconference. The notice shall indicate that the election form must be returned to the Administrator within 30 days of service in order to preserve the right to participate, but additional time may be granted for good cause. The Administrator will promptly notify the creditor of the borrower’s election.
(4) Appointment of conference monitor. Upon receipt of the borrower’s election to participate, the Administrator shall designate a conference monitor for the matter.
(5) Notice to the parties. Within 10 days of the Administrator’s receipt of the borrower’s election to participate, the conference monitor shall notify in writing the creditor or creditor’s attorney and the borrower of the Foreclosure Prevention Program and inform the parties of the identity of the conference monitor, the requirements of the program, and the date, time and location of the initial phone conference. Sending the notice shall constitute the beginning of the conference process as set forth in this section. Together with the notice the Administrator shall provide a list of documents that the creditor will be required to provide to the monitor and the borrower before the conference. The monitor shall set deadlines for the submission of documents.
(6) Notice to non-foreclosing lien holders of covered loans. The Administrator shall provide written notice of the conference sessions and procedures to all non-foreclosing lien holders of a covered loan identifiable from public land records and invite their participation. The notice shall inform such lienholders that their rights could be affected by the loss mitigation conferences.
(7) Communication and document exchange. To the extent feasible and accessible by all parties, the monitor shall use secure internet portals or document storage sites for the exchange of documents. These shall be under the control of the Administrator and not the parties. Borrowers will not be denied access to the Program because they provided documents to the monitor and the parties by a method other than an internet portal or document storage site.
(8) The foreclosure prevention conference:
(i) The monitor shall schedule a conference which will be held virtually via a videoconferencing platform unless the borrower requests that all parties attend an in-person conference. The creditor’s representative and the borrower may appear with counsel. The borrower may appear with a housing counselor or other individual designated by the borrower.
(ii) The creditor’s representative shall provide, 10 days prior to the conference, relevant information concerning the loan and the property required for a loss mitigation review, in a form to be developed by the Administrator.
(iii) During the conference the parties must first engage in evaluating the borrower for all options to retain the home. When home retention options have been exhausted or if the borrower wishes to exit the property, the creditor must review for non-retention options such as a short sale or deed-in-lieu of foreclosure. This section does not mandate the implementation of a specific loss mitigation option under a particular set of circumstances.
(iv) If the creditor appears for the conference with appropriate authority, has provided all required documents, made a good-faith effort to agree to a commercially reasonable alternative to foreclosure, and has reviewed all loss mitigation options without reaching an agreement, the monitor shall issue a Certificate of Compliance with the conference program. If the borrower declines the election to participate, or fails to appear at a conference without cause, there shall be a basis to certify the creditor’s compliance with this section.
(v) Continuance of a conference for cause may be granted once by the conference monitor and thereafter only upon agreement of all parties. Notice of continuance dates shall be provided to all interested parties, including non-foreclosing lien holders of a covered loan.
(vi) As a pre-condition to conducting a valid judicial or non-judicial foreclosure sale the creditor must first record in the registry of deeds of the county where the property is located a Certificate of Compliance with the provisions of this section. The Certificate must bear the signature of a duly authorized conference monitor or a judge. If the conference monitor does not issue a Certificate of Compliance, the creditor will be prohibited from continuing with the foreclosure process.
(vii) A foreclosure sale of a covered loan shall not pass title to the purchaser unless the Certificate of Compliance was recorded before the sale.
(viii) Conducting a foreclosure sale without having obtained and recorded a Certificate of Compliance shall constitute an unfair and deceptive business practice under section 2, chapter 93A of the General Laws.
(ix) If the borrower does not elect to participate in the Program and does not pursue a modified mortgage loan under section 35B, if eligible, foreclosure may proceed under this chapter. If a borrower elects to participate in the Program, a creditor shall not accelerate the note or otherwise initiate foreclosure proceedings unless the conference monitor has issued a Certificate of Compliance to show that the creditor participated in the program in good faith.
(9) Conference Report. The conference monitor shall complete a Conference Report and provide a copy of the Report to the parties and the Administrator within 5 business days of the date of the conference. The Report shall state the names and addresses of attendees and the dates and times of all conferences, list the documents presented, and summarize the options considered. If an agreement was reached in full or partial settlement, the Report shall summarize the terms of the agreement. If the agreement provides for a trial modification or forbearance plan, the Report shall schedule an appropriate review date to monitor the finalization of the agreement. The Report shall state with specificity the grounds for the monitor’s decision to provide or decline to provide a Certificate of Compliance. The Report shall not be a matter of public record.
(c) Judicial enforcement and sanctions. Either party may seek judicial enforcement of this section.
(1) If a creditor or their attorney fails to attend a conference or to make a good faith effort to participate in the Foreclosure Prevention Program, including review for all loss mitigation options, the court may impose appropriate sanctions. In determining the nature and extent of appropriate sanctions, the court shall consider the need for deterrence of similar future conduct by the entity being sanctioned and by others and may take into account prior orders imposing sanctions upon the sanctioned party, whether in the same case or in other previous cases. The imposition of any sanction does not bar any independent action by a defendant to seek recovery with respect to the actions giving rise to the order of sanctions.
(2) Sanctions. The court may impose sanctions upon the creditor. The sanctions may apply prospectively to compel compliance or retroactively to punish past non-compliance, or the court may impose sanctions that operate both prospectively and retroactively. Sanctions may include: tolling of interest and other charges pending good faith completion of the conferences, per diem monetary penalties, assessment of costs and fees, assessment of reasonable attorney fees, entry of judgment, dismissal without prejudice, dismissal without prejudice with a prohibition on refiling the foreclosure action for a stated period of time, dismissal with prejudice or reduction or release of the lien, or any other sanctions the court deems appropriate. Sanctions assessed to a creditor shall not be shifted to the borrower.
(3) A creditor’s violation of the provisions of this section shall constitute an unfair and deceptive act in commerce and a violation of chapter 93A of the General Laws.
(4) Either party may seek judicial relief to compel a party to execute a written agreement embodying the terms of a conference settlement;
(5) The borrower may bring an action to enforce the provisions of this section, including the requirements for creditor participation, the designation of a creditor’s representative, and the production of documents. The borrower may also bring an action to enforce program time frames or to require compliance with an agreement reached in the course of the conference process.
(6) Breach of settlement agreement. If the creditor claims that the borrower breached the terms of a conference agreement and wishes to foreclose, the creditor may notify the monitor and borrower of the creditor’s claim of breach and intention to proceed with a foreclosure. The conference monitor shall provide the borrower with at least 10 days to object to the creditor’s request. If the borrower does not timely object, the monitor shall issue a certificate of compliance allowing the foreclosure to proceed and so notify the parties and the Administrator. If the borrower objects, the monitor shall schedule a further conference to determine whether a breach occurred and whether the creditor should be given certification to foreclose. The rules contained in this section for conferences shall apply to such a conference, except that additional documentation and the scope of the conference shall be limited to evidence of the alleged breach of agreement.
(7) Use of conference information. The information discussed in or presented during a conference session shall be kept confidential and shall not be used in any legal proceeding, except for actions to enforce this section or if the information can be obtained from sources outside the Program.
(8) Data reporting. The monitor shall submit copies of conference records, including document checklists, conference scheduling orders, conference reports, and settlement agreements, to the Administrator. These records shall not be available to the public. However, the Administrator or its designee may, consistent with the policy of protecting participant confidentiality, review the conference records for research purposes. The Administrator shall review conference records on a regular basis in order to provide the legislature and publicly posted a summary of Program data including (a) the number of borrowers who are notified of the program; (b) the participation rate for borrowers and creditors; and (c) the number of Certificates of Compliance issued, and any other relevant data.
(d) Program Funding
(1) Costs. In addition to the charge currently assessed for filing a complaint under the Servicemembers Civil Relief Act (SCRA) under chapter 57 of the acts of 1943, as amended through Chapter 142 of the Acts of 1998, the creditor shall pay a fee in an amount and manner to be determined by the attorney general upon the filing of each Servicemember case. This cost shall not be shifted to the borrower. The Administrator will deposit these funds into a segregated fund known as the “Foreclosure Prevention Fund.”
(2) Foreclosure prevention fund. (i) The funds deposited into the Foreclosure Prevention Fund shall be designated primarily for costs of administration of the Foreclosure Prevention Program and payment of monitor fees. Any remaining funds shall be applied to cover costs of administration of the program, as well as outreach directed to homeowners at risk of foreclosure or in foreclosure. The Administrator shall implement a plan for outreach that will include mailings and phone contact designed to encourage participation in the supervised conference program.
(ii) The funds deposited in the Foreclosure Prevention Fund, including interest earned, shall be used solely for the purposes outlined in this section and shall not be transferred to the state’s general fund.
(iii) Fee shifting barred. Other than the filing fee surcharge, the parties participating in foreclosure prevention conferences shall bear their own costs for participation. Unless ordered as a sanction for non-compliance by a court, a creditor shall not shift its costs of participation to the borrower, including costs for attorney’s fees or the conference program fee. Creditors may not charge borrowers fees as a condition of agreement to a loss mitigation option.
(e) Implementation. The provisions of this section will apply to all foreclosures in which the creditor gives an initial foreclosure notice or notices of acceleration 60 days after the date of enactment of this section.
(f) Relation to other laws. This section does not preclude courts from enforcing other state and federal statutes, common law remedies, and equitable doctrines that might bar foreclosure in particular circumstances, or require implementation of a loss mitigation option. As set forth in section 4, a court is authorized to impose sanctions on the creditor of a covered loan or the creditor’s attorney, upon finding that the creditor failed to participate in the conference process in good faith as defined in section 2.8. Unless expressly provided for in the terms of a written agreement, by participating in the conferences under this section the parties do not waive existing and future legal claims arising from the loan transaction.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to reduce co-pays for people with chronic conditions
|
H943
|
HD2478
| 193
|
{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:34:15.363'}
|
[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:34:15.3633333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-19T13:35:15.7133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:30:10.0733333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-28T15:52:49.3366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T23:28:10.1133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:28:53.7833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:27:23.8933333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T12:16:39.2866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:26:43.91'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T18:34:20.74'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:05:57.0466667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-20T02:26:26.0033333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-25T19:35:26.7833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:16:47.97'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T10:39:48.9266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:15:11.87'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:26:10.5766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:23:17.23'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:00:57.3466667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:38:50.7366667'}]
|
{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-19T13:34:15.363'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H943/DocumentHistoryActions
|
Bill
|
By Representatives Barber of Somerville and Driscoll of Milton, a petition (accompanied by bill, House, No. 943) of Christine P. Barber, William J. Driscoll, Jr., and others for legislation to reduce health insurance co-pays for people with chronic conditions. Financial Services.
|
SECTION 1. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 16DD. (a) The following terms shall have the following meanings, unless the context clearly requires otherwise:
“Brand name drug”, a drug that is: (i) produced or distributed pursuant to an original new drug application approved under 21 U.S.C. 355(c) except for: (a) any drug approved through an application submitted under section 505(b)(2) of the federal Food, Drug, and Cosmetic Act that is pharmaceutically equivalent, as that term is defined by the United States Food and Drug Administration, to a drug approved under 21 U.S.C. 355(c); (b) an abbreviated new drug application that was approved by the United States Secretary of Health and Human Services under section 505(c) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355(c), before the 2 of 53 date of the enactment of the federal Drug Price Competition and Patent Term Restoration Act of 1984, Public Law 98-417, 98 Stat. 1585; or (c) an authorized generic drug as defined by 42 C.F.R. 447.502; (ii) produced or distributed pursuant to a biologics license application approved under 42 U.S.C. 262(a)(2)(C); or (iii) identified by the health benefit plan as a brand name drug based on available data resources such as Medi-Span.
“Generic drug”, a retail drug that is: (i) marketed or distributed pursuant to an abbreviated new drug application approved under 21 U.S.C. 355(j); (ii) an authorized generic drug as defined by 42 C.F.R. 447.502; (iii) a drug that entered the market before January 1, 1962 and was not originally marketed under a new drug application; or (iv) identified by the health benefit plan as a generic drug based on available data resources such as Medi-Span.
(b) Notwithstanding any general or special law to the contrary, there shall be a drug access program, administered by the executive office of health and human services, for the purpose of enhancing access to targeted high-value medications used to treat certain chronic conditions. To implement this program, the secretary of health and human services, in consultation with the department of public health, the center for health information and analysis, and the division of insurance, shall identify one generic drug and one brand name drug used to treat each of the following chronic conditions: (i) diabetes; (ii) asthma; and (iii) heart conditions, including, but not limited to, hypertension and coronary artery disease. In determining the one generic drug and one brand name drug used to treat each chronic condition, the secretary shall consider whether the drug is:
(1) of clear benefit and strongly supported by clinical evidence to be cost-effective;
(2) likely to reduce hospitalizations or emergency department visits, or reduce future exacerbations of illness progression, or improve quality of life;
(3) relatively low cost when compared to the cost of an acute illness or incident prevented or delayed by the use of the service, treatment or drug;
(4) at low risk for overutilization, abuse, addiction, diversion or fraud; and
(5) widely utilized as a treatment for the chronic condition.
(c) The secretary shall identify insulin as the drug used to treat diabetes under the program.
(d) The secretary, in consultation with the division of insurance, shall promulgate rules and regulations necessary to implement this section.
(e) Every two years, the secretary, in consultation with the center for health information and analysis shall evaluate the impact of the program established in this section on drug treatment adherence, incidence of related acute events, premiums and cost-sharing, overall health, long-term health costs, and any other issues that the secretary may deem relevant. The secretary may collaborate with an independent research organization to conduct such evaluation. The secretary shall file a report of its findings with the clerks of the house of representatives and senate, the chairs of the joint committee on public health, the chairs of the joint committee on health care financing and the chairs of house and senate committees on ways and means.
SECTION 2. Section 17G of chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s prescription; provided, however, that nothing in this section shall prevent the commission and its contracted health benefit plans from reducing the co-payment for insulin for a 30-day supply below the amount specified in this section.
SECTION 3. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 17R the following section:-
Section 17S. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 17G of this chapter.
SECTION 4. Section 10C of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s prescription; provided, however, that nothing in this section shall prevent the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract with the division, a Medicaid managed care organization or a primary care clinician plan, from reducing the co-payments for insulin for a 30-day supply below the amount specified in this section.
SECTION 5. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10N the following section:-
Section 10O. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 10C of this chapter.
SECTION 6. Section 47N of chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s insulin prescription; provided, however, that nothing in this section shall prevent an individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance or a group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance that is issued or renewed within or without the commonwealth, from reducing the co-payment for insulin for a 30-day supply below the amount specified in this section.
SECTION 7. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47PP the following new section:-
Section 47QQ. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 47N of this chapter.
SECTION 8. Section 8P of chapter 176A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s insulin prescription; provided, however, that nothing in this section shall prevent a contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within or without the commonwealth, from reducing the co-payment for insulin for a 30-day supply below the amount specified in this section.
SECTION 9. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 8QQ the following new section:-
Section 8RR. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 8P of this chapter.
SECTION 10. Section 4S of chapter 176B of the General Laws, as so appearing, is hereby amended by adding the following sentence:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s insulin prescription; provided, however, that nothing in this section shall prevents a subscription certificate under an individual or group medical service agreement that is issued or renewed within or without the commonwealth, from reducing the co-payment for insulin for a 30-day supply below the amount specified in this section.
SECTION 11. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4QQ the following new section:-
Section 4RR. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 4S of this chapter.
SECTION 12. Section 4H of chapter 176G of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Coverage for one brand name insulin drug per dosage and type including rapid-acting, short-acting, intermediate-acting, long-acting, ultra long-acting and premixed under this section shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply, regardless of the amount or type of insulin needed to fill an insured’s insulin prescription; provided, however, that nothing in this section shall prevent any individual or group health maintenance contract that is issued or renewed within or without the commonwealth, from reducing the co-payment for insulin for a 30-day supply below the amount specified in this section.
SECTION 13. Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4GG the following new section:-
Section 4HH. Any carrier offering a policy, contract or certificate of health insurance under this chapter shall provide coverage for the brand name drugs and generic drugs identified by the drug access program established in section 16DD in chapter 6A. Coverage for identified generic drugs shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible. Coverage for identified brand name drugs shall not be subject to any deductible or co-insurance and any co-payment shall not exceed $25 per 30-day supply.
Notwithstanding this section or any other general or special law to the contrary, coverage for insulin shall be provided under section 4H of this chapter.
SECTION 14. The drug access program, established in section 16DD of chapter 6A of the General Laws, shall take effect not later than 1 year after the effective date of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act reining in premiums through stronger rate review
|
H944
|
HD2484
| 193
|
{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:37:52.917'}
|
[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:37:52.9166667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T13:38:52.2533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-05T13:23:35.9266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:06:42.3766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:24:25.7033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T13:43:14.9533333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:26:20.8366667'}]
|
{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T13:37:52.917'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H944/DocumentHistoryActions
|
Bill
|
By Representatives Barber of Somerville and Livingstone of Boston, a petition (accompanied by bill, House, No. 944) of Christine P. Barber, Jay D. Livingstone and others relative to small group health insurance plan rate review. Financial Services.
|
SECTION 1. Section 6 of chapter 176J of the General Laws, as so appearing, is hereby amended by striking subsection (c) and inserting in place thereof the following subsection:-
(c) Notwithstanding any general or special law to the contrary, carriers offering small group health insurance plans, including carriers licensed under chapters 175, 176A, 176B or 176G, shall file small group product base rates and any changes to small group rating factors that are to be effective on January 1 of each year, on or before July 1 of the preceding year. The commissioner shall approve, modify or disapprove any proposed changes to base rates; provided, however, that the commissioner shall only modify or disapprove any proposed changes to base rates that are excessive, inadequate or unreasonable in relation to the benefits charged. The commissioner shall disapprove any change to small group rating factors that is discriminatory or not actuarially sound. Rates of reimbursement or rating factors included in the rate filing materials submitted for review by the division shall be deemed confidential and exempt from the definition of public records in clause Twenty-sixth of section 7 of chapter 4.
The commissioner, in consultation with the health policy commission and the center for health information and analysis, shall further consider whether the health insurance plans subject to the proposed rate change are affordable and whether the carrier has implemented effective strategies to enhance the affordability of its plans. To assess affordability, the commissioner may consider the following factors:
(1) implementation of strategies by the carrier to enhance the affordability of its products, including: (i) whether the carrier offers products that address the underlying cost of health care by creating appropriate incentives for consumers, employers, providers and the carrier itself that promote a focus on primary care, prevention and wellness, active management procedures for the chronically ill population, use of appropriate cost-efficient settings and use of evidence based, quality care; (ii) whether the carrier offers a spectrum of product choices to meet consumer needs; and (iii) whether the carrier employs delivery system reform and payment reform strategies to enhance cost effective utilization of appropriate services;
(2) rate change history over the prior three years for the population affected by the proposed rate change;
(3) the hardship on members affected by the proposed rate change and the ability of lower-income individuals to pay for health insurance, including how the proposed rate changes compare to changes in median household income and whether the proposed changes would disproportionately impact people of color based on existing race, ethnicity and language data collected by the carrier;
(4) trends, including: (i) historical rates of trend for existing products; (ii) national medical and health insurance trends; (iii) regional medical and health insurance trends; and (iv) inflation indices, such as the Consumer Price Index;
(5) efforts of the carrier to maintain close control over its administrative costs;
(6) constraints on affordability efforts including: (i) state and federal requirements; (ii) costs of medical services over which plans have limited control; and (iii) health plan solvency requirements; and
(7) any other relevant affordability factor, measurement or analysis as determined by the commissioner.
Nothing in this section shall preclude the commissioner from considering any factor that, in the commissioner’s discretion, is relevant to the final determination. The commissioner shall have authority to issue regulations and bulletins to facilitate consideration of the factors in this section. Nothing in this section shall preclude the commissioner from requesting from a carrier information or data to support these factors.
The commissioner shall adopt regulations to carry out this section.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to ensure prescription drug cost transparency and affordability
|
H945
|
HD2503
| 193
|
{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:51:28.393'}
|
[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:51:28.3933333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T13:52:18.1033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-13T18:52:24.74'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:26:26.27'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T08:56:12.9966667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-28T15:52:59.8233333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T23:26:54.9033333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-25T12:11:47.4733333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:26:43.0266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:25:43.7833333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:31:06.0866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:26:20.83'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-06-28T13:38:01.6633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:03:38.7333333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-02-03T14:05:32.69'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:05:08.3566667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T11:30:58.9066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-01T13:54:59.14'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:42:15.53'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-26T12:05:22.9233333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:05:50.2433333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T17:06:57.1266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-25T20:29:35.8166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:16:16.1566667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T03:49:35.41'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T10:38:40.5633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:07:44.4933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:00:50.1233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:24:12.0066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T14:59:55.6533333'}]
|
{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T13:51:28.393'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H945/DocumentHistoryActions
|
Bill
|
By Representatives Barber of Somerville and Santiago of Boston, a petition (accompanied by bill, House, No. 945) of Christine P. Barber, Jon Santiago and others for legislation to ensure prescription drug cost transparency and affordability. Financial Services.
|
SECTION 1. Section 1 of chapter 6D of the General Laws, as appearing so appearing, is hereby amended by inserting after the definition of “Alternative payment methodologies or methods” the following 2 definitions:-
“Biosimilar”, a drug that is produced or distributed pursuant to a biologics license application approved under 42 U.S.C. 262(k)(3).
“Brand name drug”, a drug that is: (i) produced or distributed pursuant to an original new drug application approved under 21 U.S.C. 355(c) except for an authorized generic as defined by 42 C.F.R. 447.502; (ii) produced or distributed pursuant to a biologics license application approved under 42 U.S.C. 262(a)(2)(C); or (iii) identified by the health benefit plan as a brand name drug based on available data resources such as Medi-Span.
SECTION 2. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Fiscal year” the following definition:-
“Generic drug”, a retail drug that is: (i) marketed or distributed pursuant to an abbreviated new drug application approved under 21 U.S.C. 355(j); (ii) an authorized generic as defined by 42 C.F.R. 447.502; (iii) a drug that entered the market before January 1, 1962 and was not originally marketed under a new drug application; or (iv) identified by the health benefit plan as a generic drug based on available data resources such as Medi-Span.
SECTION 3. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by striking out, in line 189, the words “not include excludes ERISA plans” and inserting in place thereof the following words:- include self-insured plans to the extent allowed under the federal Employee Retirement Income Security Act of 1974.
SECTION 4. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Performance penalty” the following 2 definitions:-
“Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
“Pharmacy benefit manager”, a person, business or other entity, however organized, that directly or through a subsidiary provides pharmacy benefit management services for prescription drugs and devices on behalf of a health benefit plan sponsor, including, but not limited to, a self-insurance plan, labor union or other third-party payer; provided, however, that pharmacy benefit management services shall include, but not be limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, pharmacy contracting, the adjudication of appeals or grievances related to prescription drug coverage contracts, formulary administration, drug benefit design, mail and specialty drug pharmacy services, cost containment, clinical, safety and adherence programs for pharmacy services and managing the cost of covered prescription drugs; provided further, that “pharmacy benefit manager” shall include a health benefit plan that does not contract with a pharmacy benefit manager and manages its own prescription drug benefits unless specifically exempted by the commission.
SECTION 5. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by adding the following definition:-
“Wholesale acquisition cost”, shall have the same meaning as defined in 42 U.S.C. 1395w-3a(c)(6)(B).
SECTION 6. Said chapter 6D is hereby further amended by striking out section 2A, as so appearing, and inserting in place thereof the following section:-
Section 2A. The commission shall keep confidential all nonpublic clinical, financial, strategic or operational documents or information provided or reported to the commission in connection with any care delivery, quality improvement process, performance improvement plan authorized under sections 7, 10, 14, 15 or 20 of this chapter or under section 2GGGG of chapter 29 and shall not disclose the information or documents to any person without the consent of the payer, provider or pharmaceutical manufacturing company providing or reporting the information or documents under said sections 7, 10, 14, 15, or 20 of this chapter or under said section 2GGGG of said chapter 29, except in summary form in evaluative reports of such activities or when the commission believes that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anticompetitive considerations. The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty sixth of section 7 of chapter 4 or section 10 of chapter 66.
SECTION 7. Section 6 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “center”, in line 1, the following words:- , pharmaceutical and biopharmaceutical manufacturing company, pharmacy benefit manager.
SECTION 8. Said section 6 of said chapter 6D, as so appearing, is hereby further amended by striking out, in lines 5 and 36, the figure “33” and inserting in place thereof, in each instance, the following figure:- 25.
SECTION 9. Said section 6 of said chapter 6D, as so appearing, is hereby further amended by adding the following paragraph:-
The assessed amount for pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall be not less than 25 per cent of the amount appropriated by the general court for the expenses of the commission minus amounts collected from: (i) filing fees; (ii) fees and charges generated by the commission's publication or dissemination of reports and information; and (iii) federal matching revenues received for these expenses or received retroactively for expenses of predecessor agencies. Pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall, in a manner and distribution determined by the commission, pay to the commonwealth an amount of the estimated expenses of the commission attributable to the commission’s activities under sections 8, 9 and 20. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and manages its own prescription drug benefits shall not be subject to additional assessment under this paragraph.
SECTION 10. Section 8 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “organization”, in lines 6 and 7, the following words:- , pharmacy benefit manager, pharmaceutical manufacturing company.
SECTION 11. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by inserting after the word “organizations”, in line 14, the following words:- , pharmacy benefit managers, pharmaceutical manufacturing companies.
SECTION 12. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by striking out, in line 32, the words “and (xi)” and inserting in place thereof the following words:- (xi) at least 3 representatives of the pharmaceutical industry; (xii) at least 1 pharmacy benefit manager; and (xiii).
SECTION 13. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by inserting after the word “commission”, in line 59, the first time it appears, the following words:- ; and (iii) in the case of pharmacy benefit managers and pharmaceutical manufacturing companies, testimony concerning factors underlying prescription drug costs and price increases including, but not limited to, the initial prices of drugs coming to market and subsequent price increases, changes in industry profit levels, marketing expenses, reverse payment patent settlements, the impact of manufacturer rebates, discounts and other price concessions on net pricing, the availability of alternative drugs or treatments and any other matters as determined by the commission.
SECTION 14. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The report shall be based on the commission’s analysis of information provided at the hearings by witnesses, providers, provider organizations, payers, pharmaceutical manufacturing companies and pharmacy benefit managers, registration data collected under section 11, data collected or analyzed by the center under sections 8, 9, 10, and 10A of chapter 12C and any other available information that the commission considers necessary to fulfill its duties under this section as defined in regulations promulgated by the commission.
SECTION 15. Section 9 of said chapter 6D, as so appearing, is hereby amended by inserting after the word “organization”, in line 72, the following words:- , pharmacy benefit manager, pharmaceutical manufacturing company.
SECTION 16. Said chapter 6D, as so appearing, is hereby further amended by adding the following section:
Section 20. (a) For the purposes of this section, “Manufacturer” shall mean an entity that manufactures a pharmaceutical drug.
(b) The commission may require a manufacturer specified in subsection (c) to disclose to the commission within a reasonable time information relating to the manufacturer’s pricing of that drug, on a standard reporting form developed by the commission with the input of the manufacturers, which includes, but shall not be limited to, the following:
(1) A schedule of the drug’s wholesale acquisition cost increases over the previous 5 calendar years;
(2) The manufacturer’s aggregate, company-level research and development and other relevant capital expenditures, including facility construction, for the most recent year for which final audited data are available;
(3) A written, narrative description, suitable for public release, of factors that contributed to reported changes in wholesale acquisition cost during the previous 5 calendar years; and
(4) Any other information that the manufacturer wishes to provide to the commission.
Based on the records furnished, the commission may identify a proposed value for a prescribed drug specified in subsection (c). The Commission may request additional relevant information that it deems necessary.
(c) A manufacturer of a drug for which the commission has received a referral from the center under subsection (b) of section 25 of chapter 12C shall comply with the requirements set forth in this section; provided that the commission may select or prioritize a subset of the referred drugs for the commission’s review.
(d) Records disclosed by a manufacturer under this section shall: (i) be accompanied by an attestation that all information provided is true and correct; (ii) not be public records under section 7 of chapter 4 or chapter 66; and (iii) remain confidential; provided, however, that the commission may produce reports summarizing any findings; provided that any such report shall not be in a form that identifies specific prices charged for or rebate amounts associated with drugs by a manufacturer, or in a manner that is likely to compromise the financial, competitive or proprietary nature of the information.
(e) If, after review of any records furnished to the commission under subsection (b), the commission determines that the manufacturer’s pricing of the drug is potentially unreasonable or excessive in relation to the commission’s proposed value under subsection (b), the commission shall require that the manufacturer provide within 30 days further information related to the pricing of the prescribed drug and the manufacturer’s justification for the pricing. In addition to the manufacturer, the commission may identify other relevant parties including but not limited to patients, providers, provider organizations and payers who may provide information to the commission.
(f) The commission shall provide to the manufacturer for review and input any information, analyses or reports regarding a particular drug reviewed or relied on by the commission in assessing the proposed value of the drug shall be provided to the manufacturer. The commission shall consider any clarifications or data provided by the manufacturer with respect to its drug. The commission may not rely solely on the analysis or research of an outside third party in reaching its determination regarding the proposed value or the reasonableness of the drug pricing.
(g) If the commission relies upon a third party to provide cost-effectiveness analysis or research related to the proposed value, such analysis or research shall also provide, without limitation (i) a description of the methodologies and models used by the third party in its analysis; (ii) any assumptions and potential limitations of research findings in the context of the results; and (iii) outcomes for affected subpopulations that utilize the drug, including but not limited to potential impacts on individuals of minority racial or ethnic groups, and on individuals with specific disabilities or health conditions who regularly utilize the eligible drug.
(h) Not later than 60 days after receiving information from the manufacturer, as required under subsections (b) or (e), the commission shall issue a determination on whether the manufacturer’s pricing of a drug is unreasonable or excessive in relation to the commission’s proposed value of the drug. Following the determination, the commission shall issue recommendations on measures to reduce the cost of the drug and to improve the affordability of the drug for patients. Recommendations may include, but not be limited to: (i) an alternative purchasing plan or value-based payment methodology; (ii) a bulk purchasing program; (iii) changes to co-pay, deductibles, coinsurance or other cost-sharing requirements; or (iv) a reinsurance program to subsidize the cost of the eligible drug. The commission shall make its determination and recommendations public and shall post them on its website and shall provide them to private and public health care payers.
(i) If the manufacturer fails to timely comply with the commission’s request for records under subsections (b) or (e), or otherwise knowingly obstructs the commission’s ability to issue its determination under subsection (h), including, but not limited to, providing incomplete, false or misleading information, the commission may assess a civil penalty to a manufacturer of not more than $500,000. A civil penalty assessed under this subsection shall be deposited into the Payment Reform Fund established pursuant to section 100 of chapter 194 of the acts of 2011. The commission shall seek to promote compliance with this section and shall only impose a civil penalty on the manufacturer as a last resort.
(j) Neither the proposed value, nor the analysis produced via the process to determine a proposed value, is intended to be used by MassHealth, health insurance carriers, managed care organizations, accountable care organizations, hospitals or pharmacies to determine whether a treatment should be approved for an individual patient, whether any individual patient should be subjected to step therapy or other utilization management methodology,
(k) The commission shall adopt any written policies, procedures or regulations that the commission determines necessary to implement this section.
SECTION 17. Section 11N of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The attorney general shall monitor trends in the health care market including, but not limited to, trends in provider organization size and composition, consolidation in the provider market, payer contracting trends, patient access and quality issues in the health care market and prescription drug cost trends. The attorney general may obtain the following information from a private health care payer, public health care payer, pharmaceutical manufacturing company, pharmacy benefit manager, provider or provider organization as any of those terms may be defined in section 1 of chapter 6D: (i) any information that is required to be submitted under sections 8, 9 10 and 10A of chapter 12C; (ii) filings, applications and supporting documentation related to any cost and market impact review under section 13 of said chapter 6D; (iii) filings, applications and supporting documentation related to a determination of need application filed under section 25C of chapter 111; and (iv) filings, applications and supporting documentation submitted to the federal Centers for Medicare and Medicaid Services or the Office of the Inspector General for any demonstration project. Under section 17 of said chapter 12C and section 8 of said chapter 6D and subject to the limitations stated in those sections, the attorney general may require that any provider, provider organization, pharmaceutical manufacturing company, pharmacy benefit manager, private health care payer or public health care payer produce documents, answer interrogatories and provide testimony under oath related to health care costs and cost trends, pharmaceutical costs, pharmaceutical cost trends, the factors that contribute to cost growth within the commonwealth's health care system and the relationship between provider costs and payer premium rates and the relationship between pharmaceutical drug costs and payer premium rates.
SECTION 18. Section 1 of chapter 12C of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Ambulatory surgical center services” the following 3 definitions:-
“Average manufacturer price”, the average price paid to a manufacturer for a drug in the commonwealth by a wholesaler for drugs distributed to pharmacies and by a pharmacy that purchases drugs directly from the manufacturer.
“Biosimilar”, a drug that is produced or distributed pursuant to a biologics license application approved under 42 U.S.C. 262(k)(3).
“Brand name drug”, a drug that is: (i) produced or distributed pursuant to an original new drug application approved under 21 U.S.C. §355(c) except for an authorized generic as defined by 42 C.F.R. § 447.502; (ii) produced or distributed pursuant to a biologics license application approved under 42 U.S.C. § 262(a)(2)(C); or (iii) identified by the health benefit plan as a brand name drug based on available data resources such as Medi-Span.
SECTION 19. Said section 1 of said chapter 12C, as so appearing, is hereby further amended by inserting after the definition of “General health supplies, care or rehabilitative services and accommodations” the following definition:-
“Generic drug”, a retail drug that is: (i) marketed or distributed pursuant to an abbreviated new drug application approved under 21 U.S.C. 355(j); (ii) an authorized generic as defined by 42 C.F.R. 447.502; (iii) a drug that entered the market before January 1, 1962 that was not originally marketed under a new drug application; or (iv) identified by the health benefit plan as a generic drug based on available data resources such as Medi-Span.
SECTION 20. Said section 1 of said chapter 12C, as so appearing, is hereby further amended by inserting after the definition of “Patient-centered medical home” the following 2 definitions:-
“Pharmaceutical manufacturing company”, an entity engaged in the: (i) production, preparation, propagation, compounding, conversion or processing of prescription drugs, directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; or (ii) packaging, repackaging, labeling, relabeling or distribution of prescription drugs; provided, however, that “pharmaceutical manufacturing company” shall not include a wholesale drug distributor licensed under section 36B of chapter 112 or a retail pharmacist registered under section 39 of said chapter 112.
“Pharmacy benefit manager”, a person, business or other entity, however organized, that, directly or through a subsidiary, provides pharmacy benefit management services for prescription drugs and devices on behalf of a health benefit plan sponsor, including, but not limited to, a self-insurance plan, labor union or other third-party payer; provided, however, that pharmacy benefit management services shall include, but not be limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, pharmacy contracting, the adjudication of appeals or grievances related to prescription drug coverage contracts, formulary administration, drug benefit design, mail and specialty drug pharmacy services, cost containment, clinical, safety and adherence programs for pharmacy services and managing the cost of covered prescription drugs; provided further, that “pharmacy benefit manager” shall include a health benefit plan that does not contract with a pharmacy benefit manager and manages its own prescription drug benefits unless specifically exempted by the commission.
SECTION 21. Said section 1 of said chapter 12C, as so appearing, is hereby further amended by adding the following definition:-
“Wholesale acquisition cost”, shall have the same meaning as defined in 42 U.S.C. 1395w-3a(c)(6)(B).
SECTION 22. Section 3 of said chapter 12C, as so appearing, is hereby amended by inserting after the word “organizations”, in lines 13 and 14, the following words:- , pharmaceutical manufacturing companies, pharmacy benefit managers.
SECTION 23. Said section 3 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 24, the words “and payer” and inserting in place thereof the following words:- , payer, pharmaceutical manufacturing company and pharmacy benefit manager.
SECTION 24. Section 5 of said chapter 12C, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “and public health care payers” and inserting in place thereof the following words:- , public health care payers, pharmaceutical manufacturing companies and pharmacy benefit managers.
SECTION 25. Said section 5 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 15, the words “and affected payers” and inserting in place thereof the following words:- affected payers, affected pharmaceutical manufacturing companies and affected pharmacy benefit managers.
SECTION 26. The first paragraph of section 7 of said chapter 12C, as so appearing, is hereby amended by adding the following sentence:-
Each pharmaceutical and biopharmaceutical manufacturing company and pharmacy benefit manager shall pay to the commonwealth an amount for the estimated expenses of the center and for the other purposes described in this chapter.
SECTION 27. Said section 7 of said chapter 12C, as so appearing, is hereby further amended by striking out, in lines 8 and 42, the figure “33” and inserting in place thereof, in each instance, the following figure:- 25.
SECTION 28. Said section 7 of said chapter 12C, as so appearing, is hereby further amended by adding the following paragraph:-
The assessed amount for pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall be not less than 25 per cent of the amount appropriated by the general court for the expenses of the center minus amounts collected from: (i) filing fees; (ii) fees and charges generated by the commission's publication or dissemination of reports and information; and (iii) federal matching revenues received for these expenses or received retroactively for expenses of predecessor agencies. Pharmaceutical and biopharmaceutical manufacturing companies and pharmacy benefit managers shall, in a manner and distribution determined by the center, pay to the commonwealth an amount of the estimated expenses of the center attributable to the center’s activities under sections 3, 10A, 12 and 16. A pharmacy benefit manager that is a surcharge payor subject to the preceding paragraph and manages its own prescription drug benefits shall not be subject to additional assessment under this paragraph.
SECTION 29. Subsection (b) of section 10 of chapter 12C of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the word “and”.
SECTION 30. Said subsection (b) of said section 10 of said chapter 12C is hereby further amended by adding the following words:- ; (12) information about prescription drug utilization and spending for all covered drugs, including for generic drugs, brand-name drugs, and specialty drugs provided in an outpatient setting or sold in a retail setting, including but not limited to information sufficient to show (i) highest utilization drugs, (ii) drugs with the greatest increases in utilization, (iii) drugs that are most impactful on plan spending, net of rebates, and (iv) drugs with the highest year-over-year price increases, net of rebates; and (13) information on claims and non-claims based payments to providers for the provision of primary care and behavioral health, including mental health and substance use disorder, services, as defined by the center.
SECTION 31. Subsection (c) of said section 10 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 91, the words “()” and inserting in place thereof the following words:- (10).
SECTION 32. Said subsection (c) of said section 10 of said chapter 12C, as so appearing, is hereby further amended by striking out, in line 99, the word “and”.
SECTION 33. Said subsection (c) of said section 10 of said chapter 12C, as so appearing, is hereby further amended by adding the following words:- ; (12) information, to the extent permissible under 42 U.S.C. 1396r-8(b)(3)(D), about prescription drug utilization and spending for all covered drugs, including for generic drugs, brand-name drugs, and specialty drugs provided in an outpatient setting or sold in a retail setting, including but not limited to information sufficient to show (i) highest utilization drugs, (ii) drugs with the greatest increases in utilization, (iii) drugs that are most impactful on plan spending, net of rebates, and (iv) drugs with the highest year-over-year price increases, net of rebates; and (13) information on claims and non-claims based payments to providers for the provision of primary care and behavioral health, including mental health and substance use disorder services, as defined by the center.
SECTION 34. Said chapter 12C is hereby further amended by inserting after section 10 the following section:-
Section 10A. (a) The center shall promulgate regulations necessary to ensure the uniform annual reporting of information from pharmacy benefit managers certified under chapter 175N, including but not limited to information on: (1) prices charged to payers on average by pharmacy benefits managers for select prescription drug products, net of any rebate, discounts, fees or other payments from the manufacturer to the pharmacy benefits manager and from the pharmacy benefits manager to the manufacturer; (2) payments received by pharmacy benefit managers by payers related to drugs provided to Massachusetts residents; (3) payments made by pharmacy benefit managers to pharmacies related to drugs provided to Massachusetts residents; (4) rebates received by pharmacy benefit managers from drug manufacturers related to drugs provided to Massachusetts residents; (5) rebates paid by pharmacy benefit managers to payers related to drugs provided to Massachusetts residents; (6) other payments made or received by pharmacy benefit managers by payers or pharmacies, including but not limited to administrative or performance-based payments, related to doing business in Massachusetts; (7) other rebates paid to or received by pharmacy benefit managers by drug manufacturers or payers related to doing business in Massachusetts; (8) information about prescription drug utilization and spending for all covered drugs, including for generic drugs, brand-name drugs, and specialty drugs provided in an outpatient setting or sold in a retail setting, including but not limited to information sufficient to show: (i) highest utilization drugs; (ii) drugs with the greatest increases in utilization; (iii) drugs that are most impactful on plan spending, net of rebates; and (iv) drugs with the highest year-over-year price increases, net of rebates; (9) the Medicare Maximum Fair Price (42USC Sec 1191(c)) for a prescription drug; and (10) any other information deemed necessary by the center.
(b) The center shall analyze the information and data collected under subsection (a) and shall publish an annual report summarizing, at minimum, the information collected under subsection (a) and comparing the information as it relates to each pharmacy benefit manager certified under chapter 175N with respect to drugs provided to Massachusetts residents. The center may also consult with other states collecting similar data to inform their analysis and annual report.
(c) Except as provided otherwise by the center or under this chapter, pharmacy benefit manager data collected by the center under this section shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66. The center may confidentially provide pharmacy benefit manager data collected by the center under this section to the health policy commission.
SECTION 35. Said chapter 12C is hereby further amended by striking out section 11, as so appearing, and inserting in place thereof the following section:-
Section 11. The center shall ensure the timely reporting of information required under sections 8, 9, 10 and 10A. The center shall notify payers, providers, provider organizations, pharmacy benefit managers and pharmaceutical manufacturing companies of any applicable reporting deadlines. The center shall notify, in writing, a private health care payer, provider, provider organization, pharmacy benefit manager or pharmaceutical manufacturing company that it has failed to meet a reporting deadline and that failure to respond within 2 weeks of the receipt of the notice may result in penalties. The center may assess a penalty against a private health care payer, provider, provider organization, pharmacy benefit manager or pharmaceutical manufacturing company that fails, without just cause, to provide the requested information within 2 weeks following receipt of the written notice required under this section of not more than $2,000 per week for each week of delay after the 2-week period following receipt of the written notice. Amounts collected under this section shall be deposited in the Healthcare Payment Reform Fund established in section 100 of chapter 194 of the acts of 2011.
SECTION 36. Section 12 of said chapter 12C, as so appearing, is hereby amended by striking out, in line 2, the words “and 10” and inserting in place thereof the following words:- , 10 and 10A.
SECTION 37. Subsection (a) of section 16 of said chapter 12C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
The center shall publish an annual report based on the information submitted under: (i) sections 8, 9, 10 and 10A concerning health care provider, provider organization, private and public health care payer, pharmaceutical manufacturing company and pharmacy benefit manager costs and cost and price trends; (ii) section 13 of chapter 6D relative to market power reviews; and (iii) section 15 of said chapter 6D relative to quality data.
SECTION 38. Said chapter 12C is hereby further amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-
Section 17. The attorney general may review and analyze any information submitted to the center under sections 8, 9, 10 and 10A and the health policy commission under section 8 of chapter 6D. The attorney general may require that any provider, provider organization, pharmaceutical manufacturing company, pharmacy benefit manager or payer produce documents, answer interrogatories and provide testimony under oath related to health care costs and cost trends, pharmaceutical cost trends, factors that contribute to cost growth within the commonwealth's health care system and the relationship between provider costs and payer premium rates. The attorney general shall keep confidential all nonpublic information and documents obtained under this section and shall not disclose the information or documents to any person without the consent of the provider, pharmaceutical manufacturing company, pharmacy benefit manager or payer that produced the information or documents except in a public hearing under said section 8 of said chapter 6D, a rate hearing before the division of insurance or in a case brought by the attorney general, if the attorney general believes that such disclosure will promote the health care cost containment goals of the commonwealth and that the disclosure shall be made in the public interest after taking into account any privacy, trade secret or anticompetitive considerations. The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.
SECTION 39. Said chapter 12C is hereby further amended by adding the following section:-
Section 25. (a) The center shall analyze data on Massachusetts drug utilization and spending, including but not limited to data reported under Sections 10 and 10A. Annually, the center shall refer drugs to the health policy commission for review under section 8B of chapter 6D that meet any of the following criteria: (i) a current average annual gross cost per utilizer for public and private health care payers in Massachusetts of greater than $50,000; (ii) a biosimilar drug that has a launch wholesale acquisition cost that is not at least 15 per cent lower than the referenced brand biologic at the time the biosimilar is launched; or (iii) among the 25 drugs determined by the center to have the most impact on health care spending in the most recent year of available data, based upon utilization, price, utilization and price growth, patient cost sharing amounts, net spending and other factors as determined by the center. The center shall provide notice of the referral to the manufacturer of the drug.
(b) Not later than May 1, the center shall publish an annual report detailing, at minimum, each drug referred to the health policy commission under subsection (a).
(c) The center shall adopt any written policies, procedures or regulations necessary to implement this section.
SECTION 40. Chapter 94C of the General Laws is hereby amended by inserting after section 21B the following section:-
Section 21C. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Cost-sharing”, the amount owed by an insured under the terms of the insured’s health benefit plan or as required by a pharmacy benefit manager, including any copayment, coinsurance or deductible.
“Pharmacy retail price”, the amount a pharmacy bills for a prescription medication regardless of whether the individual purchases that prescription medication at that pharmacy using a health benefit plan or any other prescription medication benefit or discount.
“Registered pharmacist”, a pharmacist who holds a valid certificate of registration issued by the board of registration in pharmacy pursuant to section 24 of chapter 112.
(b) A health benefit plan shall (1) not restrict, directly or indirectly, any pharmacy that dispenses a prescription drug to an insured in the plan from informing, or penalize such pharmacy for informing, an insured of any differential between the insured’s cost-sharing amount under the plan with respect to acquisition of the drug and the amount an individual would pay for acquisition of the drug without using any health plan or health insurance coverage; and (2) ensure that any pharmacy benefit manager under a contract with any such health benefit plan does not, with respect to such plan, restrict, directly or indirectly, a pharmacy that dispenses a prescription drug from informing, or penalize such pharmacy for informing, an insured of any differential between the insured's cost-sharing amount under the plan with respect to acquisition of the drug and the amount an individual would pay for acquisition of the drug without using any health plan or health insurance coverage.
(c) A health benefit plan or a pharmacy benefit manager may not require an insured to make a payment at the point of sale for a covered prescription medication in an amount greater than the lesser of: (i) the applicable copayment for the prescription medication; (ii) the allowable claim amount for the prescription medication; (iii) the amount an insured would pay for the prescription medication if the insured purchased the prescription medication without using a health benefit plan or any other source of prescription medication benefits or discounts, to the extent this information is available to the health benefit plan; or (iv) the amount the pharmacy will be reimbursed for the drug from pharmacy benefit manager or health benefit plan.
(d) A pharmacy shall affirmatively inform consumers that a consumer may request, at the point of sale, the current pharmacy retail price for each prescription medication the consumer intends to purchase. The pharmacy shall provide the information through verbal indication, posting of a notice, or other methods. If the consumer’s cost-sharing amount for a prescription medication exceeds the current pharmacy retail price, the pharmacist, or an authorized individual at the direction of a pharmacist, shall notify the consumer that the pharmacy retail price is less than the patient’s cost-sharing amount. The pharmacist shall charge the consumer the applicable cost-sharing amount or the current pharmacy retail price for that prescription medication, as directed by the consumer.
(e) A contractual obligation shall not prohibit a pharmacist from complying with this section; provided, however, that a pharmacist shall submit a claim to the insured’s health benefit plan or its pharmacy benefit manager if the pharmacist has knowledge that the prescription medication is covered under the insured’s health benefit plan.
(f) A health benefit plan or pharmacy benefit manager shall not penalize, require, or provide financial incentives, including variations in premiums, deductibles, copayments, or coinsurance, to insureds as incentives to use specific retail, mail order pharmacy, or other network pharmacy provider in which a pharmacy benefit manager has an ownership interest or that has an ownership interest in a pharmacy benefit manager.
(g) A violation of this section shall be an unfair or deceptive act or practice under chapter 93A.
SECTION 41. Section 226 of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) For the purposes of this section, the term “pharmacy benefit manager” shall mean a person, business or other entity, however organized, that, directly or through a subsidiary, provides pharmacy benefit management services for prescription drugs and devices on behalf of a health benefit plan sponsor, including, but not limited to, a self-insurance plan, labor union or other third-party payer; provided, however, that pharmacy benefit management services shall include, but not be limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, pharmacy contracting, the adjudication of appeals or grievances related to prescription drug coverage contracts, formulary administration, drug benefit design, mail and specialty drug pharmacy services, cost containment, clinical, safety and adherence programs for pharmacy services and managing the cost of covered prescription drugs; provided further, that “pharmacy benefit manager” shall include a health benefit plan that does not contract with a pharmacy benefit manager and manages its own prescription drug benefits unless specifically exempted.
SECTION 42. Section 2 of Chapter 176O of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(i) At least annually, a carrier that contracts with a pharmacy benefit manager shall coordinate an audit of the operations of the pharmacy benefit manager to ensure compliance with this chapter and to examine the pricing and rebates applicable to prescription drugs that are provided to the carrier’s covered persons.
SECTION 43. Said chapter 176O of the General Laws is hereby further amended by inserting after section 22 the following section:-
Section 22A. Notwithstanding any other general or special law to the contrary, each carrier shall require that a pharmacy benefit manager receive a license from the division under chapter 176X as a condition of contracting with that carrier.
SECTION 44. The General Laws are hereby amended by inserting after chapter 176W the following chapter:-
Chapter 176X.
LICENSING AND REGULATION OF PHARMACY BENEFIT MANAGERS.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Carrier”, an insurer licensed or otherwise authorized to transact accident or health insurance under chapter 175, a nonprofit hospital service corporation organized under chapter 176A, a non-profit medical service corporation organized under chapter 176B, a health maintenance organization organized under chapter 176G and an organization entering into a preferred provider arrangement under chapter 176I; provided, however, that the term “carrier” shall not include an employer purchasing coverage or acting on behalf of its employees or the employees of any subsidiary or affiliated corporation of the employer; provided further, that unless otherwise noted the term “carrier” shall not include any entity to the extent it offers a policy, certificate or contract that provides coverage solely for dental care services or vision care services.
“Center”, the center for health information and analysis established in chapter 12C.
“Commissioner”, the commissioner of insurance.
“Division”, the division of insurance.
“Health benefit plan”, a contract, certificate or agreement entered into, offered or issued by a carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services; provided, however, that the commissioner may by regulation define other health coverage as a health benefit plan for the purposes of this chapter.
“Pharmacy”, a physical or electronic facility under the direction or supervision of a registered pharmacist that is authorized to dispense prescription drugs and has entered into a network contract with a pharmacy benefit manager or a carrier.
“Pharmacy benefit manager”, a person, business or other entity, however organized, that, directly or through a subsidiary, provides pharmacy benefit management services for prescription drugs and devices on behalf of a health benefit plan sponsor, including, but not limited to, a self-insurance plan, labor union or other third-party payer; provided, however, that pharmacy benefit management services shall include, but not be limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, pharmacy contracting, the adjudication of appeals or grievances related to prescription drug coverage contracts, formulary administration, drug benefit design, mail and specialty drug pharmacy services, cost containment, clinical, safety and adherence programs for pharmacy services and managing the cost of covered prescription drugs; provided further, that “pharmacy benefit manager” shall not include a health benefit plan unless otherwise specified by the division.
Section 2. (a) A person, business or other entity shall not establish or operate as a pharmacy benefit manager in the commonwealth without obtaining a license from the division pursuant to this section. The division shall issue a pharmacy benefit manager license to a person, business or other entity that demonstrates to the division that it has the necessary organization, background expertise and financial integrity to maintain such a license. A pharmacy benefit manager license shall be valid for a period of 3 years and shall be renewable for additional 3-year periods. Initial application and renewal fees for the license shall be established pursuant to section 3B of chapter 7.
(b) A license granted pursuant to this section and any rights or interests therein shall not be transferable.
(c) A person, business or other entity licensed as a pharmacy benefit manager shall submit data and reporting information to the center according to the standards and methods specified by the center pursuant to section 10A of chapter 12C.
(d) The division may issue or renew a license subject to restrictions in order to protect the interests of consumers. Such restrictions may include limiting the type of services that a license holder may provide, limiting the activities in which the license holder may be engaged or addressing conflicts of interest between pharmacy benefit managers and health plan sponsors.
(e) The division shall develop an application for licensure that shall include, but not be limited to: (1) the name of the pharmacy benefit manager; (2) the address and contact telephone number for the pharmacy benefit manager; (3) the name and address of the pharmacy benefit manager’s agent for service of process in the commonwealth; (4) the name and address of each person with management or control over the pharmacy benefit manager; and (5) any audited financial statements specific to the pharmacy benefit manager. A pharmacy benefit manager shall report to the division any material change to the information contained in its application, certified by an officer of the pharmacy benefit manager, within 30 days of such a change.
(f) The division may suspend, revoke, refuse to issue or renew or place on probation a pharmacy benefit manager license for cause, which shall include, but not be limited to: (1) the pharmacy benefit manager engaging in fraudulent activity that constitutes a violation of state or federal law; (2) the division receiving consumer complaints that justify an action under this chapter to protect the health, safety and interests of consumers; (3) the pharmacy benefit manager failing to pay an application or renewal fee for a license; (4) the pharmacy benefit manager failing to comply with reporting requirements of the center under section 10A of chapter 12C; or (5) the pharmacy benefit manager failing to comply with a requirement of this chapter.
The division shall provide written notice to the pharmacy benefit manager and advise in writing of the reason for any suspension, revocation, refusal to issue or renew or placement on probation of a pharmacy benefit manager license under this chapter. A copy of the notice shall be forwarded to the center. The applicant or pharmacy benefit manager may make written demand upon the division within 30 days of receipt of such notification for a hearing before the division to determine the reasonableness of the division’s action. The hearing shall be held pursuant to chapter 30A.
The division shall not suspend or cancel a license unless the division has first afforded the pharmacy benefit manager an opportunity for a hearing pursuant to said chapter 30A.
(g) If a person, business or other entity performs the functions of a pharmacy benefit manager in violation of this chapter, the person, business or other entity shall be subject to a fine of $5,000 per day for each day that the person, business or other entity is found to be in violation.
(h) A pharmacy benefit manager shall be required to submit to periodic audits by a carrier licensed under chapters 175, 176A, 176B or 176G if the pharmacy benefit manager has entered into a contract with the carrier to provide pharmacy benefit services to the carrier or its members. The division may direct or provide specifications for such audits.
(i) A pharmacy benefit manager licensed under this section shall notify a health carrier client in writing of any activity, policy, practice contract or arrangement of the pharmacy benefit manager that directly or indirectly presents any conflict of interest with the pharmacy benefit manager’s relationship with or obligation to the health carrier client.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to increase access to lactation care and services
|
H946
|
HD1047
| 193
|
{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T10:09:11.147'}
|
[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T10:09:11.1466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-05T13:24:08.9166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:03:09.03'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:03:39.32'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H946/DocumentHistoryActions
|
Bill
|
By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 946) of Christine P. Barber, Lindsay N. Sabadosa and Natalie M. Higgins for legislation to increase access to lactation care and services. Financial Services.
|
SECTION 1. Section 11A of chapter 13 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a board of allied health professions, hereinafter called the board, which shall consist of 12 members to be appointed by the governor. Members of the board shall be residents of the commonwealth and citizens of the United States. Three of such members shall be athletic trainers licensed in accordance with section 23B of chapter 112; 2 of such members shall be occupational therapists licensed in accordance with said section 23B; 1 such member shall be an occupational therapy assistant licensed in accordance with said section 23B; 2 of such members shall be physical therapists licensed in accordance with said section 23B; 1 such member shall be a physical therapist assistant licensed in accordance with said section 23B; 1 such member shall be a lactation care provider licensed in accordance with said section 23B; 1 such member shall be a physician licensed in accordance with section 2 of chapter 112; and 1 such member shall be selected from and shall represent the general public.
SECTION 2. Section 23A of chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Board” the following definitions:-
“Breastfeeding equipment” means manual, electric, single user and multi-user breast pumps, breast pump flanges, nipple shields, and other lactation accessories recommended by a licensed lactation care provider or other health professional, whether a rental or a purchase.
“Lactation care and services”, the clinical application of scientific principles and a multidisciplinary body of evidence for the evaluation, problem identification, treatment, education and consultation to provide lactation care and services to families; provided, however, that lactation care and services includes, but is not limited to, lactation assessment through the systematic collection of subjective and objective data, analysis of data and creation of a plan of care; development and implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider, provision of lactation education to parents and health care providers, and recommendation and use of assistive devices.
“Lactation care provider”, a person who provides lactation care and services.
“Licensed lactation care provider”, a person who is duly licensed to practice lactation care and services in accordance with section 23B.
“Nationally recognized accrediting agency” shall mean the National Commission for Certifying Agencies (“NCCA”), the Institute for Credentialing Excellence (“ICE”), and American National Standards Institute (“ANSI”).
SECTION 3. Section 23B of said chapter 112, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following words:-
The Board may issue licenses for lactation care providers, without examination, to individuals who have furnished satisfactory proof that they are of good moral character and that they have met the requirements of section twenty-three J½ upon completion of an application on a form furnished by the board and payment of a fee determined by the secretary of administration and finance.
SECTION 4. Section 23D of said chapter 112, as appearing in the 2016 Official Edition is hereby amended by inserting, in line 3, after the words “physical therapist assistant”, the following words:-, or lactation care provider.
SECTION 5. Said chapter 112 is hereby further amended by inserting after section 23J the following section:
Section 23J1/2 Lactation Care Provider
Section 23J½. An applicant for licensure as a lactation care provider shall possess current certification from a certification program accredited by a Nationally Recognized Accrediting Agency.
SECTION 6. Section 23K of said chapter 112, as appearing in the 2016 Official Edition is hereby amended by inserting in subsection (c), after the words “physical therapy”, the following words:- or lactation care and services.
SECTION 7. Section 23L of said chapter 112, as appearing in the 2016 Official Edition is hereby amended by inserting in subsection (c), after the words “physical therapist assistant”, the following words:- or lactation care provider.
SECTION 8. Said chapter 112 is hereby further amended by inserting after section 23P the following section:
Section 23P¾. Lactation care providers, necessity for licensure
Section 23P¾. (a) No person shall hold themselves out to others as a licensed lactation care provider unless they hold a valid license issued in accordance with this chapter.
(b) Nothing shall be construed to affect or prevent the practice of lactation care and services by licensed care providers or other persons; provided that a person who is not a licensee shall not hold that person out or represent that person's self to be a licensed lactation care provider.
SECTION 9. Chapter 175 of the General Laws, as appearing in the 2016 Official Addition, is amended by inserting as Section 47cc the following:
(A) Any blanket or general policy of insurance described in subdivision (A), (C), or (D) of section 110 which is issued or subsequently renewed by agreement between the insurer and the policyholder, within or without the commonwealth, during the period this provision is effective, or any policy of accident and sickness insurance as described in section 108 which provides hospital expense and surgical expense insurance and which is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policyholder in the commonwealth during the period that this provision is effective shall provide, to the same extent that benefits are provided for other pregnancy-related procedures coverage for lactation support consisting of, at minimum, lactation care and services by licensed lactation care providers provided that such services are within the lawful scope of practice for such providers, the costs of breastfeeding equipment, and the performance of any necessary maternal and newborn clinical assessments.
(B) An insurer providing coverage under this paragraph and any participating entity through which the insurer offers health services shall not:
(1) deny to a covered person eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the policy or vary the terms of the policy for the purpose or with the effect of avoiding compliance with this paragraph;
(2) provide incentives (monetary or otherwise) to encourage a covered person to accept less than the minimum protections available under this paragraph;
(3) penalize in any way or reduce or limit the compensation of a health care practitioner for recommending or providing care to a covered person in accordance with this paragraph;
(4) provide incentives (monetary or otherwise) to a health care practitioner relating to the services provided pursuant to this paragraph intended to induce or have the effect of inducing such practitioner to provide care to a covered person in a manner inconsistent with this paragraph;
(5) restrict coverage for any portion of a period within a hospital length of stay required under this paragraph in a manner which is inconsistent with the coverage provided for any preceding portion of such stay;
(6) require prior authorization, prescription or referral for lactation care and services; or
(7) impose a deductible, coinsurance, co-payment or any other cost-sharing requirement for lactation care and services or breastfeeding equipment provided under this paragraph.
SECTION 10. Chapter 118E of the General Laws, as appearing in the 2016 Official Addition, is amended by adding after section 10N, the following section:
Section 10O: Medicaid Coverage for Lactation Care and Services.
(a) For purposes of this section, the following words shall have the following meanings:
“Breastfeeding equipment” means manual, electric, single user and multi-user breast pumps, breast pump flanges, nipple shields, and other lactation accessories recommended by a licensed lactation care provider or other health professional, whether a rental or a purchase.
“Division”, the division of medical assistance within the executive office of health and human services.
“Lactation care and services”, the clinical application of scientific principles and a multidisciplinary body of evidence for the evaluation, problem identification, treatment, education and consultation to provide lactation care and services to families; provided, however, that lactation care and services includes, but is not limited to, lactation assessment through the systematic collection of subjective and objective data, analysis of data and creation of a plan of care; development and implementation of a lactation care plan with demonstration and instruction to parents and communication to the primary health care provider, provision of lactation education to parents and health care providers, and recommendation and use of assistive devices.
“Licensed lactation care provider”, a person who is duly licensed to practice lactation care and services in accordance with section 23B of Chapter 112.
(b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide, to the extent that benefits are provided for other pregnancy-related procedures, coverage for lactation support consisting of, at minimum, lactation care and services by licensed lactation care providers provided that such services are within the lawful scope of practice for such providers, the cost of breastfeeding equipment, and the performance of any maternal and newborn clinical assessments, without any prior authorization, prescription or referral.
SECTION 11. This act shall take effect ninety days after the date on which it shall have become a law.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to relative to an underinsurance issue
|
H947
|
HD1185
| 193
|
{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-04T15:24:10.717'}
|
[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-04T15:24:10.7166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H947/DocumentHistoryActions
|
Bill
|
By Representative Barrows of Mansfield, a petition (accompanied by bill, House, No. 947) of F. Jay Barrows relative to an motor vehicle underinsurance. Financial Services.
|
SECTION 1. Paragraph 2 of section 113L of Chapter 175 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following sentence: -
The coverage described in this paragraph shall also apply when, by reason of payment of judgment or settlement, the bond amount or policy limit of the tortfeasor has been reduced by the payment of multiple claims arising from the same accident to an amount less than the policy limit for uninsured motor vehicle coverage, and only to the extent that the uninsured motor vehicle coverage limits exceed the amount paid to the insured pursuant to the exhausted bodily injury liability bond or policy.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring prospective payment system methodology for reimbursement to community health centers
|
H948
|
HD2544
| 193
|
{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T14:28:32.363'}
|
[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T14:28:32.3633333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:28:35.31'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T09:23:09.3033333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:35:28.88'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T12:28:39.4133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T15:45:06.6466667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T10:37:05.43'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-17T15:01:59.8733333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T10:58:31.8733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T17:42:04.9666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:27:54.7333333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T18:52:41.5366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:27:32.3666667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:45:22.7333333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-27T14:19:20.27'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T13:17:03.4433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:49:06.34'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:18:06.0133333'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:18:56.28'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T16:52:24.0566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:02:41.75'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:14:40.6866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:13:56.5933333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-01T09:09:11.4633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:05:16.7333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T12:58:40.7666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:44:22.15'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H948/DocumentHistoryActions
|
Bill
|
By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 948) of Natalie M. Blais and others relative to the rate of payment for certain federally qualified health center services provided to patients by community health centers. Financial Services.
|
SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 32 the following new section:-
Section 33. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, the Commission shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 2. Chapter 118E of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 13d ½ the following new section:-
Section 13d ¾. (a) For purposes of this section, the term “community health center” shall mean any entity reimbursed as a community health center under this chapter.
(b) Notwithstanding any general or special law to the contrary, reimbursement for community health centers under this chapter, shall be through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as appearing in Title 42 of the United States Code as of January 1, 2023.
SECTION 3. Chapter 175 of the General law, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47TT the following new section:-
Section 47UU. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, insurers organized under this chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
(d) The division of insurance shall issue regulations governing issuance of payments to community health centers to conform with this section.
SECTION 4. Chapter 176A of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 38 the following new section:-
Section 39. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Federally Qualified Health Center”, any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services”, as such term is defined in 42 U.S.C. 1396d(a)(2)(C)
(b) Notwithstanding any general or special law to the contrary, any corporation organized under this chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(c) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 5. Section 1 of Chapter 176B of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Dependent” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 6. Chapter 176B of the General laws, as so appearing is hereby further amended by inserting after Section 25 the following new section:-
Section 26: (a) Notwithstanding any general or special law to the contrary, any medical service plan organized under this Chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 7. Section 1 of chapter 176E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Dental Service Corporation” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 8. Said chapter 176E is further amended by inserting after section 15A the following new section:-
Section 15B. (a) Notwithstanding any general or special law to the contrary, any Dental Service Corporation organized under this Chapter shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 9. Section 1 of chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Evidence of Coverage” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 10. Said chapter 176G is further amended by inserting after section 33 the following new section:-
Section 34. (a) Notwithstanding any general or special law to the contrary, any Health Maintenance Organization organized under the laws of the Commonwealth shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
SECTION 11. Section 1 of chapter 176I of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Emergency Care” the following new definitions:-
“Federally Qualified Health Center,” any entity receiving a grant under 42 USC 254B.
“Federally Qualified Health Center Services,” shall have the same definition as such term is defined in 42 U.S.C. 1396d(a)(2)(C).
SECTION 12. Said chapter 176I, as so appearing, is further amended by inserting after section 13 the following new section:-
Section 14: (a) Notwithstanding any general or special law to the contrary, any preferred provider contract shall ensure that the rate of payment for any Federally Qualified Health Center services provided to a patient by a community health center, shall be reimbursed through a methodology that conforms with 42 USC § 1396a(bb) and 1396b(m)(2)(A)(ix) as they appear in Title 42 of the United States Code as of January 1, 2023.
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not be required to reimburse a health care provider for a health care service that is not a covered benefit under the plan or reimburse a health care provider not contracted under the plan except as described in subclause (i) of clause (4) of subsection (a) of section 6 of chapter 176O.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to homeowners’ insurance
|
H949
|
HD2848
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T16:59:28.61'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T16:59:28.61'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:21:54.5'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:46.9133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:56:39.74'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:18:11.3166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H949/DocumentHistoryActions
|
Bill
|
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 949) of Antonio F. D. Cabral and others relative to homeowners’ insurance. Financial Services.
|
SECTION 1. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by:
(a) inserting after section 99C the following section:
Section 99D. Insurers filing rates for approval by the commissioner shall submit to the office of the attorney general all hurricane models, model software, methods, principles, standards, data, inputs, manuals, validation studies, and output ranges relevant to the insurer’s hurricane loss projection model or methodology that is intended to be used during a rate proceeding on an insurer’s rate filing in advance of the rate proceeding. All models, model software, methods, principles, standards, data, inputs, manuals, validation studies, and output ranges shall be submitted to the office of the attorney general for review no later than 90 days prior to being admitted as evidence during a rate proceeding before the commissioner of insurance. If any insurer fails to submit any item or items required by the office of the attorney general pursuant to this subsection, the commissioner shall direct the insurer to remove the hurricane loss projection from its filing. A trade secret used in designing and constructing a hurricane loss model or methodology, provided by an insurer to the center under this subsection, is confidential and shall not be deemed a public record, as defined in clause 26 of section 7 of chapter 4. The office of the attorney general shall maintain custody of any records made confidential by this paragraph using a secure location or website. That portion of a rate proceeding on an insurer’s rate filing at which a trade secret is discussed shall be deemed confidential and not open to disclosure under the open meetings law, but may be discussed at a closed meeting as provided for in section 21 of chapter 30A. Employees, volunteers, and consultants of the office of the attorney general will be bound not to disclose information made confidential.; and
(b) inserting after section 99D the following section:
Section 99E. Any company that has offered an applicant a policy of homeowners multi-peril insurance, pursuant to section 99B of this chapter or otherwise, shall modify the said offer, if requested to do so by the applicant, to reduce the amount of coverage offered upon a showing by the applicant that the amount of coverage originally offered exceeds by more than 10 percent the greater of either the municipally assessed value of the subject property or its market value, as determined by an appraiser licensed pursuant to section 174 of chapter 112. The applicant may request and, if so requested, the offering company must offer a policy containing any coverage amount not lower than the municipally assessed value plus ten percent of such assessed value. Applicants may appeal a failure to comply with this subsection to the office of the attorney general.
SECTION 2. Section 4 of chapter 175C, as so appearing, is hereby amended by striking out subsection (f) and inserting in place thereof the following section:
(f) The association shall be governed by a board of 18 directors, who shall serve without compensation: 10 directors shall be elected annually by the members of the association by cumulative voting; 2 directors of associations of insurance agents and brokers doing business in the commonwealth appointed by the commissioner; 4 directors from the general public appointed by the commissioner; and 2 directors from the general public appointed by the attorney general. The 6 directors appointed from the general public by the commissioner of insurance and the attorney general shall serve 3-year terms, staggered in a manner to ensure the annual expiration of the terms of 2 directors, and shall not serve as director for more than 3 consecutive terms. The 6 directors appointed from the general public may not have affiliations with the insurance industry and at least 2 shall have a primary residence in Bristol, Plymouth, Barnstable, Dukes, or Nantucket counties. Cumulative voting by members shall be permitted at all such elections.”.
SECTION 3. Subsection (c) of section 5 of said chapter 175C, as so appearing, is hereby further amended by striking out, in lines 108-113, the third sentence.
SECTION 4. Chapter 175C of the General Laws, as so appearing, is hereby further amended by inserting after section 9, the following section:
Section 10. The association shall offer all eligible applicants a premium installment payment option consisting of 10 payments.
SECTION 5. Chapter 175A of the General Laws, as so appearing, is hereby amended by inserting after section 20, the following section:
Section 21. Homeowners Insurance Cost Formula. Insurers offering homeowners insurance shall submit the methods, models, and formulas used to determine homeowners' insurance rates for approval to the division, with a copy to the office of the attorney general, at least annually.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the definition of livestock
|
H95
|
HD2460
| 193
|
{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T13:18:50.547'}
|
[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T13:18:50.5466667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H95/DocumentHistoryActions
|
Bill
|
By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 95) of Adam Scanlon relative to the definition of livestock. Agriculture.
|
Section 1A of Chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “horses”, the following words:- but not including dogs or cats,
Section 1A: Farming, agriculture, farmer; definitions
Section 1A. ''Farming'' or ''agriculture'' shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, but not including dogs or cats, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.
| null |
[]
|
[]
|
[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
|
[]
|
An Act reforming labor rates paid by insurance companies to auto repairers in the Commonwealth
|
H950
|
HD3879
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:05:18.64'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:05:18.64'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:29.4833333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:13.4633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:54:48.1566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-03T16:40:41.5333333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-26T09:44:01.18'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H950/DocumentHistoryActions
|
Bill
|
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 950) of Antonio F. D. Cabral and others relative to auto body labor rates. Financial Services.
|
SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 14 the following section:
Section 15. There shall be, within the division of insurance, an auto body labor rate advisory board to address any issues related to auto body labor rates. The advisory board shall consist of: 1 member appointed by the commissioner of insurance; 3 members appointed by the attorney general: 2 of whom shall be members from the auto repair industry from different geographic regions of the commonwealth appointed by the Alliance of Automotive Service Providers of Massachusetts, Inc., 1 of whom shall serve as co-chair; 1 member appointed by the director of the division of standards; 3 members from the auto insurance industry appointed by the Automobile Insurers Bureau of Massachusetts, 1 of whom shall serve as co-chair; 1 member appointed by the Massachusetts State Automobile Dealers Association, Inc; and 4 members appointed by the Governor, 1 of whom shall be from 77 of 113 vocational-technical schools, 2 of whom shall be from a consumer advocacy group and 1 of whom shall be an economist with expertise on the insurance industry. The members of the board shall be appointed for a term of 4 years. The advisory board shall meet not less than 2 times in a year. The advisory board shall be responsible for creating, implementing, and overseeing a biennial survey. The survey should compile data pertaining to contracted hourly labor rates, posted hourly labor rates and prevailing hourly labor rates and any additional information the advisory board deems relevant. The advisory board shall collect industry data including, but not limited to: (i) labor rates in neighboring states, including Connecticut, New York, New Hampshire, Rhode Island and Vermont; (ii) auto body shop costs; (iii) total labor costs; (iv) inflation data; (v) work force data; (vi) vocational school trends; (vii) insurance premiums; and (viii) any additional information deemed necessary by the advisory board. The results of the survey and the data collected shall be reviewed and analyzed by the advisory board biennially and the board shall make a recommendation for a fair and equitable labor rate. Biennially, not later than December 31, the advisory board shall file a report of its findings, conclusions, and any recommendations with the commissioner of the division of insurance, the attorney general’s office, clerks of the senate and house of representatives, the joint committee on financial services, and the senate and house committees on ways and means.
Section 16. Not later an 30 days after receiving the biennial report from the auto body labor rate advisory board under section 15, the commissioner of insurance shall set a minimum hourly labor rate that insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops; provided, however, that the minimum hourly labor rate shall not be less than $55. The minimum hourly labor rate shall go into effect 30 days after it is set by the commissioner.
SECTION 2. Section 113B of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting, after the word “commissioner” in line 14, the following: -
“; provided, however, that collision repair hourly labor rates, set pursuant to section 15 of chapter 100A, shall not be included when considering programs to control costs and expenses under this section or section 113H.”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to reform title insurance
|
H951
|
HD3947
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:36:54.953'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:36:54.9533333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:24:26.0166667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:26.8666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:36:52.3566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:56:15.2066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:17:46.54'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H951/DocumentHistoryActions
|
Bill
|
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 951) of Antonio F. D. Cabral and others for legislation to further regulate title insurance. Financial Services.
|
SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 175M the following chapter:
CHAPTER 175N
TITLE INSURANCE LAW
Section 1. Short Title. This chapter shall be known and may be cited as the Title Insurance Law.
Section 2. Purpose. The purpose of this chapter is to promote the public welfare by prohibiting lender’s title insurance from being assessed to buyers who refinance the mortgage on their home. Nothing in this chapter is intended to prohibit or discourage reasonable competition, or to prohibit, or encourage, except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans or practices.
Section 3. Definitions. In this chapter—
(a) the term “applicant for insurance” shall be deemed to include approved attorneys, real estate brokers, real estate salesmen, attorneys at law and all others who from time to time apply to a title insurance company or to an agent of a title insurance company, for title insurance, and who at the time of such application are not agents for a title insurance company;
(b) the term “approved attorney” means an attorney at law in good standing upon whose examination of title and report of title thereon a title insurance company may issue a policy of title insurance;
(c) the term “refinancing” means the process of paying off an existing home loan by obtaining a new home loan and using the same property as security;
(d) the term “business of title insurance” means—
(1) the making as insurer, guarantor or surety, or proposing to make as insurer, guarantor or surety, of any contract or policy of title insurance;
(2) the transacting, or proposing to transact, any phase of title insurance, including solicitation, negotiation preliminary to execution, execution of a contract of title insurance, insuring and transacting matters subsequent to the execution of the contract and arising out of it, including reinsurance; or
(3) the doing, or proposing to do, any business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of this article;
(e) the term “commissioner” means the Massachusetts commissioner of insurance;
(f) the term “company” means all corporations, associations, partnerships or individuals engaged as principals in the business of insurance and authorized to transact business in this commonwealth under clause 11 of section 47 of chapter 175;
(g) the term “insurance company” or “insurer” has the same meaning as “company”, defined in subsection (f);
(h) the term “rates”, when referring to title insurance, means the premium, the examination and settlement or closing fees, and every other charge, whether denominated premium or otherwise, made by a title insurance company, agent of a title insurance company and approved attorney of a title insurance company, to an insured or to an applicant for insurance, for any policy or contract for the issuance of, or an application for any class or kind of, title insurance. The term “rates” shall not include any charges paid by an insured or by an applicant for insurance, for any policy or contract, to an attorney at law acting as an independent contractor and retained by such attorney at law, whether or not he is acting as an agent of or an approved attorney of a title insurance company, or any charges made for special services not constituting title insurance, even though performed in connection with a title insurance policy or contract; and
(i) the term “title insurance” means the insuring, guaranteeing or indemnifying against loss or damage suffered by owners of real property or by others interested therein by reason of liens, encumbrances upon, defects in or the unmarketability of the title to said real property; guaranteeing, warranting or otherwise insuring the correctness of searches relating to the title to real property; and doing any business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of this article.
Section 4. Title Insurance Requirements.
(a) Any insurance company who engages in the business of title insurance must file quarterly statements, forms, and endorsements with the commissioner and the attorney general that details the insurer’s rates related to the sale of title insurance in the commonwealth.
(b) The statements set forth in subsection (a) shall be filed by January 1, April 1, July 1, and October 1 of each year.
(b)(1) Any insurance company who fails to submit timely quarterly statements, forms, and endorsements with the commissioner and attorney general may be punished by a fine of not more than $500 for each violation by the commissioner.
(c) Within 10 days after each filing period, the commissioner shall post the schedule of rates for each title insurance company on the division of insurance’s website.
(d) All filings and supporting information shall be open to public inspection after the filing becomes effective.
(e) Any changes by any insurance company to the quarterly statements, forms, and endorsements must be filed with the commissioner and attorney general within 30 days before implementation.
Section 5. Insurance Company Groups.
(a) Two or more insurers who, by virtue of their business associations in the United States, represent themselves to be or are customarily known as an “insurance company group”, or similar insurance trade designation, shall have the right to make the same filings or to use the same rates for each such insurer. This chapter may not be construed to prohibit an agreement to make the same filings or use the same rates and concerted action in connection with such filings or rates by such insurers.
(b) This section shall not apply to 2 or more insurers who are not under the same common executive or general management or control and who act in concert in underwriting groups or pools.
Section 6. Except to the extent necessary to satisfy the provisions of section 7, nothing in this chapter shall abridge or restrict the freedom of contract between insurers and agents or brokers with respect to commissions or between insurers and their employees with respect to compensation.
Section 7. Written Disclosure. All applicants for insurance, including agents, brokers attorneys and approved attorneys must provide a written disclosure to every prospective buyer of a title insurance policy at or prior to closing, which shall be signed by or on behalf of the buyer of the title insurance policy, and shall include the following disclosures:
(a) That the agent, broker, or attorney is an agent of the title insurance company.
(b) The total cost to the buyer for a lender’s title insurance policy.
(c) The total cost to the buyer for an owner’s title insurance policy, if applicable.
(d) The total amount of the cost that is dedicated to title insurance premiums.
(e) The total amount of the cost that is dedicated to commissions or fees paid to the agent, broker or attorney.
(f) The total amount of the cost that is dedicated to any other component of the transaction and a specification of what those other components are.
Section 8. Buyer Provisions.
(a) A buyer of a title insurance policy shall be entitled to the basic rate in accordance with subsection (e) of this section.
(b) A buyer of a title insurance policy shall be entitled to the reissue rate, in accordance with subsection (e), if the real property to be insured is identical to, or is part of, real property insured within the 15 years immediately prior to the date the insured transaction closes. Evidence of previous insurance must be considered in order to apply the reissue rate. As evidence of previous insurance, an insurer shall rely upon—
(1) the recording of either—
(i) a deed to a bone fide buyer for value; or
(ii) an unsatisfied mortgage to an institutional lender; or
(2) any of the following documents produced by or on behalf of the purchases of the title insurance policy:
(i) A copy of the prior policy.
(ii) A copy of the marked-up commitment.
(iii) A settlement sheet showing payment of a title insurance premium.
(iv) Written evidence acceptable to the insurer that title insurance coverage was purchased for the property.
(c) In the event that a current homeowner seeks title insurance at the time of a refinancing through a different lender than the original lender on a home mortgage, the homeowner shall be entitled to the reissue rate, in accordance with subsection (e), if evidence of previous insurance is provided in accordance with the provisions of subsection (b).
(d) In the event that a homeowner seeks title insurance at the time of a refinancing of a home mortgage through the same lender or a successor-in-interest to the original lender on a home mortgage, the title insurance company shall issue the homeowner a continuation of his title insurance at no additional cost from the original title insurance payment. The homeowner shall provide evidence of—
(1) previous insurance, in accordance with subsection (b); and
(2) a continuous and unbroken chain of ownership.
(e) The rate charged to customers who do not qualify for the reissue rate or a refinance waiver under subsections (b), (c) and (d) shall be charged the insurer’s basic rate as reported to the commissioner. The reissue rate shall be 50 per cent of the basic rate.
(f) A clear and conspicuous written notice must be provided to every prospective buyer of a title insurance policy at or prior to closing that must be signed by or on behalf of the buyer of the title insurance policy. Said notice shall include the following disclosure:
THIS CONVEYANCE OR REFINANCE MAY BE ENTITLED TO A REDUCED RATE OR WAIVED PURCHASE REQUIREMENT UNDER M.G.L. CHAPTER 174D.
Section 9. No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this chapter.
Section 10. Any person or organization willfully violating any provision of this chapter shall be punished by a fine of not more than $500 for each violation. Such penalty may be in addition to any other penalty provided by law.
| null |
[]
|
[]
|
[]
|
[]
|
Resolve establishing a commission to better protect consumers in Massachusetts
|
H952
|
HD4043
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T16:25:53.26'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T16:25:53.26'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:24:39.6633333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:32.1066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:55:52.0366667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H952/DocumentHistoryActions
|
Resolve
|
By Representative Cabral of New Bedford, a petition (accompanied by resolve, House, No. 952) of Antonio F. D. Cabral and others for an investigation by a special commission (including members of the General Court) to better protect consumers by studying and analyzing title insurance practices. Financial Services.
|
Resolved, (a) There shall be a special commission to better protect consumers by studying and analyzing title insurance practices in Massachusetts, for the purpose of making recommendations for changes to State laws relating to title insurance practices and rates and shall include but not be limited to: providing for the membership and purposes of the Commission; requiring the Commission to report to certain persons by a certain date; and generally relating to the Commission to Better Protect Consumers in Massachusetts.
(b) The commission shall: (i) review State laws relating to title insurance practices and rates; (ii) review the mechanisms available to enforce State laws relating to title insurance practices and rates and the effectiveness of those mechanisms; (iii) identify title insurance issues that affect consumers in Massachusetts, including but not limited to the purchase of title insurance for borrower and lender; (iv) examine the rate–setting factors for title insurance premiums; (v) examine how rates and services in other states compare to those in Massachusetts; (vi) identify ways to improve consumer education about title insurance practices and rates; (vii) study whether mechanics’ liens on properties scheduled for settlement have an impact on the timeliness of settlements or on title insurance premium rates; (viii) review the time limits, subsequent to closing, for the issuance of title insurance policies; (ix) study affiliated business arrangements among title insurance producers, builders, title insurance companies, realtors, lenders, real estate closing attorneys, actuaries, and other businesses involved with the settlement of real estate transactions to determine the impact of these arrangements on title insurance premium rates; (x) study title insurance for mortgage refinancing with same lender; (xi) study the feasibility of establishing a public option for title insurance guarantee plan such as the Iowa Title Guaranty System and the economic impact on the Commonwealth; (xii) study alternatives to real estate attorneys as sales agents; (xiii) study any other issue with significant impact on title insurance; and (xiv) study the existence and/or impacts of risk transfer for properties in the state that are “registered land” through the Land Court.
(c) The Commission shall consist of thirteen members: one member of the Senate, appointed by the President of the Senate; one member of the House, appointed by the Speaker of the House; the Massachusetts Insurance Commissioner, or its designee, who shall be co-chair; the Massachusetts Attorney General, or its designee, who shall be co-chair; the Executive Director of the Board of Registration of Real Estate Brokers and Salespersons, or its designee; the Commissioner of Consumer Affairs and Business Regulation, or its designee; the Secretary of Housing and Community Development, or its designee; and six members to be appointed by the governor, provided that one member is from the Massachusetts Law Reform Institute, the Massachusetts State Bar Association, the Massachusetts Mortgage Bankers Association, MassHousing, the New England Land Title Association, and the American Academy of Actuaries.
The commission may consult with relevant experts to support the commissions’ objectives and production of its report.
(d) The Commission shall report on its findings, recommendations, and suggested legislation with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on consumer protection and professional licensure, the joint committee on financial services, the joint committee on housing, and the joint committee on state administration and regulatory oversight not later than July 31, 2024.
(e) This act shall take effect upon its passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to consumer deductibles
|
H953
|
HD788
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-17T12:58:57.71'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-17T12:58:57.71'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-14T15:55:49.1466667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-08-17T16:37:27.3366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-19T14:01:02.98'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-09-26T11:22:14.6233333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H953/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 953) of Daniel Cahill relative to health insurance consumer deductibles. Financial Services.
|
SECTION 1. Chapter 176O of the General Laws, as appearing in the 2018 Official
Edition, is hereby amended by inserting after section 27 the following section:-
Section 28. (a) In this Section, the following terms shall have the following meanings:
“Insurer” means any health insurance issuer that is subject to state law regulating insurance and offers health insurance coverage, as defined in 42 U.S.C. § 300gg-91, or any state or local governmental employer plan.
“Cost sharing requirement” means any copayment, coinsurance, deductible, or annual limitation on cost sharing (including but not limited to a limitation subject to 42 U.S.C. §§ 18022(c) and 300gg-6(b)), required by or on behalf of an enrollee in order to receive a specific health care service, including a prescription drug, covered by a health plan.
“Enrollee” means any individual entitled to health care services from an insurer.
“Health plan” means a policy, contract, certification, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.
“Health care service” means an item or service furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability.
“Person” means a natural person, corporation, mutual company, unincorporated association, partnership, joint venture, limited liability company, trust, estate, foundation, not-for-profit corporation, unincorporated organization, government or governmental subdivision or agency.
(b) When calculating an enrollee’s contribution to any applicable cost sharing requirement, an insurer shall include any cost sharing amounts paid by the enrollee or on behalf of the enrollee by another person. Any cost sharing or reductions made for an enrollee’s benefit or towards an enrollee’s applicable cost sharing requirement shall be applied in full at the time it is rendered and wholly towards the enrollee’s out of pocket costs, deductible, cost sharing or similar enrollee obligation.
(c)This section shall apply with respect to health plans that are entered into, amended, extended, or renewed on or after January 1, 2024.
(d) The Commission may promulgate such rules and regulations as it may deem necessary to implement this section.
| null |
[]
|
[]
|
[]
|
[]
|
An Act protecting the use of bank names, trade names and trademarks in electronic communications
|
H954
|
HD1603
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:11:36.79'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:11:36.79'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H954/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 954) of Daniel Cahill relative to the use of bank names, trade names and trademarks in electronic communications. Financial Services.
|
SECTION 1. Section 37 of Chapter 167 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the second, third, fourth and fifth paragraphs and inserting in place thereof the following 4 paragraphs:-
Notwithstanding any general or special law to the contrary, a person, domestic or foreign corporation, partnership, association, limited liability company, business trust, joint venture, societies, or similar entity shall not use the name, trade name or trademark of any bank, federal bank, federal branch, foreign bank, out-of-state bank or out-of-state branch or out-of-state federal bank, as defined in section 1, or any federal credit union as defined in section 1 of chapter 171, or any subsidiary thereof, in any advertisement or solicitation for products or services, without the express written consent of the financial institution.
For the purposes of this section, the word “advertisement” or “solicitation” shall mean a communication including but not limited to a writing, email, text message, direct mail, oral solicitation, internet website, letter, brochures, pamphlets displays sales literature and any other form of electronic communication to a specifically identified consumer or which contains specific information on the account or loan of a specifically identified consumer. The word “electronic” shall mean relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
A person, domestic or foreign corporation, partnership, association, limited liability company, business trust, joint venture, societies, or similar entity shall not make reference to an existing bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank as defined in section 1 of this chapter, or federal credit union as defined in section 1 of chapter 171, or any subsidiary thereof, without the express written consent of the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank or federal credit union, or any subsidiary thereof, or make reference to a loan number, loan amount or other specific loan information on the outside of an envelope, visible through the envelope window, or on a postcard in connection with any advertisement or solicitation for products or services to a specifically identified consumer.
A person, domestic or foreign corporation, partnership, association, limited liability company, business trust, joint venture, societies, or similar entity shall not include a loan number, loan amount or other specific loan information relative to a specifically identified consumer that is publicly available in a advertisement or solicitation for the purchase of products or services unless the solicitation clearly and conspicuously states in bold-face type on the front page of the correspondence that the person, domestic or foreign corporation, partnership, association, limited liability company business trust, joint venture, societies or similar entity is not sponsored by or affiliated with and that the advertisement or solicitation is not authorized by the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank as defined in section 1, or federal credit union as defined in section 1 of chapter 171, or any subsidiary thereof. The statement shall include the name, address and the telephone number of the person making the advertisement or solicitation and that any loan information referenced was not provided by the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank or federal credit union, or any subsidiary thereof. The statements required in this paragraph shall also be given at the time of any oral solicitation to a specifically identified consumer.
A person, domestic or foreign corporation, partnership, association, limited liability company, association, business trust, joint venture, societies or similar entity, which is considered to have violated this section, shall be considered to have engaged in an unfair and deceptive practice and shall be a violation of chapter 93A.
| null |
[]
|
[]
|
[]
|
[]
|
An Act amending the banking laws and related statutes
|
H955
|
HD1614
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:13:57.1'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:13:57.1'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H955/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 955) of Daniel Cahill relative to banking laws and related statutes. Financial Services.
|
SECTION 1. The first sentence of section 34 of Chapter 29 the General Laws as appearing in the 2022 Official Edition, is hereby amended by striking out the word “commonwealth” the second time it appears and inserting in place thereof following words:– commonwealth, provided that, a portion of such monies may be deposited as provided in subsection (d).
SECTION 2. Section 34 of said Chapter 29, as so appearing, is hereby further amended by adding after subsection (c) the following subsection:–
(d) A portion of the public monies referred to in subsection (a) may be deposited in accordance with the following conditions: (1) the funds are initially invested through a banking institution as defined in Chapter 167A doing business in the commonwealth that is insured by the Federal Deposit Insurance Corporation and is selected by the treasurer; (2) the selected banking institution arranges for the redeposit of the funds in deposit accounts in one or more banks or savings and loan associations wherever located; and (3) the full amount or principal and any accrued interest of each such deposit account is insured by the Federal Deposit Insurance Corporation.
SECTION 3. Chapter 35 of the General Laws, as so appearing hereby amended by striking out section 22 and inserting in place thereof the following section:–
Section 22. Except as otherwise provided, county treasurers, clerks of the courts, clerks of the district courts, sheriffs and superintendents of jails and houses of correction, probation officers, registers of probate and insolvency and register of deeds, having more money in their hands than is required for immediate use, shall deposit it, in their official names, in national banks, trust companies, savings banks, co-operative banks, federal savings banks or federal savings and loan associations, at the best practicable interest rates. County treasurers may also deposit in time deposits in such national banks, trust companies, savings banks, co-operative banks, federal savings banks or federal savings and loan associations, and invest in United State treasury bills. Interest thereon shall be paid to the county, except that interest accruing to deposits by registers of probate and clerks of courts shall be paid to the Commonwealth; provided, that interest accruing on the deposit as aforesaid of any money paid to any official mentioned in this section which is so paid under order of a court or which is otherwise subject to the direction of a court shall, if the court so directs, be paid to the parties entitled to the principal fund of such deposit.
SECTION 4. Section 4 of Chapter 40G of the General Laws as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:–
Unless otherwise specified, all moneys of the MTDC from whatever source derived shall be paid to the treasurer of the MTDC. Said moneys shall be deposited in the first instance by the treasurer in one or more national banks, trust companies, savings banks, cooperative banks, federal savings banks or federal savings and loan associations in compliance with section 34 of chapter 29. Funds in said accounts shall be paid out on the warrant or other order of the treasurer of the MTDC or of such other person or persons as the board may authorize to execute such warrants or orders.
SECTION 5. Section 55 of Chapter 44 of the General Laws, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words “banking companies or co-operative banks” and inserting the words:–
or cooperative banks or in accordance with the provisions of the second paragraph of section 55B of this chapter.
SECTION 6. Section 55B of Chapter 44, as so appearing, is hereby amended by adding the following paragraph:–
Moneys of any city, town, district or regional school district invested in compliance with this section may be invested in accordance with the following conditions: (1) the moneys are initially invested through a banking institution doing business in the commonwealth selected by the city, town, district or regional school district; (2) the selected banking institution arranges for the redeposit of the moneys in deposit accounts in one or more banks or savings and loan associations wherever located; and (3) the full amount of principal and any accrued interest of each such deposit account is insured by the Federal Deposit Insurance Corporation. The provisions of section 62 shall not apply to this section.
SECTION 7. Section 21 of chapter 167 of the General Laws, as so appearing, is hereby amended by adding the following three paragraphs:-
Notwithstanding any general law, special act or its organizational documents to the contrary, a financial institution may postpone the annual meeting of its voting body if the Governor has declared a state of emergency for the Commonwealth or the area or areas served by the financial institution. Within sixty days of the termination of the state of emergency the financial institution shall hold an annual meeting postponed under this paragraph unless the next regularly scheduled annual meeting is to be held within one hundred and fifty days of such termination. A postponed annual meeting may be combined with the next annual meeting held within this time period. If notice of the annual meeting has been provided as of the date of the declaration or within ten days after a financial institution may provide notice of the postponement by press release, email notice if previously provide to the financial institution or take other reasonable steps to inform the voting body. During the period of the emergency the financial institution shall retain its current governing body regardless of the expiration of terms or mandatory retirements; may operate under existing policies and procedures and any required annual votes or actions shall also be postponed. The termination or rescission of the state of emergency shall not invalidate any actions taken pursuant to the provisions of this paragraph. A financial institution postponing an annual meeting under this paragraph shall enter in the records of the next following meeting of its governing body the cause, timing and procedures taken for such action.
Notwithstanding any general law, special act or its organizational documents to the contrary, a financial institution may hold its annual meeting in a virtual or hybrid manner if the Governor has declared a state of emergency in the Commonwealth or in the area or areas served by the financial institution provided that the voting body is able to participate in the meeting, including being able to present questions, telephonically among other options for accessing the meeting. Notice of the meeting shall be in accordance with the law and by-laws of the financial institution and provide all other information for participating by remote communication. A financial institution acting under the authority of this paragraph shall take reasonable steps to verify the attendees that join through a remote communication method and take reasonable steps to provide technical assistance during the meeting for those attending through remote communication. The termination or rescission of the state of emergency shall not invalidate any actions taken pursuant to the provisions of this paragraph. A special meeting of the financial institution may also be conducted under the authority and requirements of this paragraph. A financial institution conducting an annual meeting or special meeting under this paragraph shall enter in the records of the next following meeting of its governing body the cause for such action and the timing and manner in which the meeting was held. An annual or special meeting held under the provisions of this paragraph shall follow all existing health and safety protocols for the state of emergency and any specified time period thereafter.
The following words shall have the following meanings for the preceding two paragraphs, unless the context clearly requires otherwise:-
“Financial institution”, includes a savings or co-operative bank in mutual form, a mutual holding company and its subsidiary banking institution, and a bank in stock form.
“Governing body”, the board of directors, the board of trustees or the board of investment of investment as applicable to the financial institution
“Hybrid meeting”, a meeting held with a combination of limited in-person attendance and remote communication.
“Organizational documents”, the charter, articles of organization, and by-laws of a financial institution
“Remote communication”, the use of telephonic, videoconferencing or other means of participation without being in physical attendance.
“Virtual meeting”, a meeting held solely by remote communication.
“Voting body”, the corporators of a mutual bank or a mutual holding company, the shareholders of a co-operative bank in mutual form, and the stockholders of a bank in stock form with the right to vote at the annual meeting.
SECTION 8. Said chapter 167, as so appearing, is hereby amended by adding the following section:-
Section 52. For the purpose of this section the following words shall, unless the context clearly indicates otherwise, have the following meanings:-
“Core processor”, an entity, other than a financial institution, bank holding company, mutual holding company or credit union service organization, that provides data processing for three or more of the following services to a financial institution:
1) Making and servicing loans
2) Opening new accounts
3) Processing cash deposits and withdrawals
4) Processing payments and checks
5) Managing customer accounts.
6) Maintaining records for all the bank’s transactions.
“Financial institution”, a bank or federal bank as defined in section 1 or a federal credit union as defined in section 1 of chapter 171.
The following unfair methods and unfair and unsafe acts or practices are hereby declared to be unlawful.
(a) It shall be a violation of this section for a core processor in contracting with a financial institution:
1. To require contracts in excess of five years without a commitment to upgrade their products and services to meet safe and sound tenets of banking and compliance with state and federal requirements.
2. Failure to indemnify the financial institution from infringement claims arising out of software or technology products or services provided or licensed by the core processor.
3. To charge excessive or previously undisclosed fees or charges for a financial institution to obtain its own data including tapes of such data.
4. To charge termination penalties from a financial institution that is not the continuing entity upon consummation of a merger with another financial institution, including a merger with and into a financial institution that utilizes the same core processor, (a) that exceed the total of all non-extraordinary assessments for such products or services to such financial institution during the twelve months preceding the merger or combination, or (b) the financial institution terminating or cancelling such agreement has maintained an arrangement for core processing with such provider continuously for no less than six years preceding the merger or combination.
5. To perform abusive audits of existing contracts over extended retroactive periods upon notification by a financial institution that it will not to renew its contract with that core processor.
6. To act to accomplish, either directly or indirectly, through any parent company, subsidiary or agent, what would otherwise be prohibited under this section.
7. To coerce a financial institution to assent to a release, assignment, novation, waiver or estoppel that would prospectively relieve any person from liability imposed by this section.
(b) Any provision of a contract between a core processor and a financial institution or practice thereunder in violation of this section shall be void and unenforceable.
(c) This section shall apply to all contracts between a core processor and a financial institution existing on or after the effective date of this chapter.
SECTION 9. The second paragraph of section 25 of chapter 168, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
The directors shall elect the treasurer and may elect or select any other officers as they determine.
SECTION 10. The second paragraph of section 19 of chapter 170, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
The directors shall elect the president, the vice-president or vice-presidents, treasurer and may elect or select any other officers as they determine.
SECTION 11. Section 9A of Chapter 172 is hereby amended by inserting after the ninth paragraph the following paragraph:- A limited purpose trust company may be organized as, or converted into, a corporation, a limited liability company, or any other form of legal entity subject to Chapter 172 and to terms and conditions imposed by the commissioner.
SECTION 12. The second paragraph of section 13 of said chapter 172, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
The directors shall elect the treasurer and may elect or select any other officers including an executive vice-president as they determine.
SECTION 13. Section 2 of chapter 183C of the General Laws, as so appearing, is hereby amended by striking out the definition of “High cost home mortgage loan” and inserting in place thereof the following definition:– “High cost home mortgage loan”, a consumer credit transaction that is secured by the borrower’s principal dwelling, other than a reverse mortgage transaction, with an annual percentage rate or fees which exceed the limitations set pursuant to regulations issued by the Commissioner of Banks which shall be no less protective than limitations set forth at 12 CFR 1026.32(a)(1).
SECTION 14. Said chapter 183C, as so appearing, is hereby further amended by striking out section 3 and inserting in place thereof the following section:–
Section 3. A creditor may not make a high-cost home mortgage loan without first receiving certification from a counselor in accordance with the requirements pursuant to 209 CMR 32.34(1) or 12 CFR 1026.34(a)(5). A high cost home mortgage loan originated by a lender in violation of this section shall not be enforceable.
SECTION 15. Section 4 of said chapter 183C, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:– There shall be a presumption that the borrower is able to make the scheduled payments if, at the time the loan is made, the lender has complied with 209 CMR 32.43 or 12 CFR 1026.43 in determining the borrower’s ability to repay.
SECTION 16. Section 6 of said chapter 183C, as so appearing, is hereby amended by striking out, in lines 2 and 3, the following words:– “greater than 5 per cent of the total loan amount or $800, whichever is greater”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the licensing and supervision of debt management services in the Commonwealth
|
H956
|
HD1676
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:33:24.023'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:33:24.0233333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H956/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 956) of Daniel Cahill relative to the licensing and supervision of debt management services. Financial Services.
|
SECTION 1. Chapter 180 of the General Laws is hereby amended by striking out section 4A, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
Section 4A. (a) As used in this chapter, credit counseling services shall mean: (1) the providing of financial and budgetary advice and judgment to individuals for compensation or gain in connection with the creation of a budgetary plan; (2) the creation of a plan whereby an individual turns over an agreed amount of his income to a nonprofit credit counseling corporation which distributes it to the creditors of that individual in accordance with a plan which they have approved and which may provide for smaller payments or a longer term than the original contract; (3) the providing of educational services relating to the use of credit; or (4) any combination of clauses (1), (2) or (3).
(b) No person, other than an attorney or a nonprofit charitable corporation organized under the provisions of this chapter may render credit counseling services, as specified in clause (2) of subsection (a).
(c) Any corporation formed for credit counseling purposes which provides debt management services for compensation or gain from or on behalf of the individuals to whom it provides the services or from their creditors shall obtain a license under chapter 255G. Each such corporation shall comply with the provisions of section 8F of chapter 12. No such corporation shall engage in the practice of law. If a person receiving credit counseling services requires legal advice or counsel, they shall be referred to an attorney of their choice, the local bar association referral service, or a local legal aid program.
SECTION 2. The General Laws are hereby amended by inserting after chapter 255F the following chapter:-
CHAPTER 255G
DEBT MANAGEMENT SERVICES
Section 1. As used in this chapter, the following words shall have the following meanings, unless the context requires otherwise:
Agreement, a contract between a provider and an individual for the performance of debt management services.
Business address, the physical location of a business, including the name and number of a street.
Business day, a calendar day, except for Sundays and legal holidays as listed in the first sentence of clause eighteenth of section 4 of chapter 4.
Commissioner, the commissioner of banks.
Consumer, an individual who has secured or unsecured debt, which arises out of personal, family or household obligations, and who has executed an agreement with a provider.
Creditor, a person that has extended credit to an individual.
Debt management services, directly or indirectly receiving an individuals money to distribute it to 1 or more of an individuals creditors in partial or full satisfaction of the individuals secured or unsecured debts; arranging the distribution or assisting an individual in the distribution of an individuals money to 1 or more of an individuals creditors in partial or full satisfaction of the individuals secured or unsecured debts; or acting or offering to act as an intermediary between an individual and 1 or more of the individuals creditors to reduce, defer, discharge or in any other way modify the terms and conditions of an individuals obligation to repay secured or unsecured debts.
Division, the division of banks.
Individual, a natural person.
Licensee, a provider that possesses a valid license issued pursuant to section 2.
Person, an individual, corporation, association, operation, firm, partnership, trust or other form of business association.
Provider, a person that performs debt management services for compensation or gain, or in the expectation of compensation or gain.
Statement of accounting, a written or electronic document that a provider prepares for a consumer in accordance with section 16.
Third party payment processor, an entity that holds, or has access to, or can effectuate procession of, by any means, the monies of a consumer, or distributes, or is in the chain of distribution of such monies, to the creditors of such consumer, pursuant to an agreement or contract with either the consumer or the licensee.
Trust Account, an account held by a provider that is: established by the provider in a financial institution described in Section 3(4) of this chapter; separate from other accounts of the provider or its designee; designated as a trust or other account such that it is clear that the money in the trust account is not the money of the provider or its designee; and used to hold money of one or more consumers for disbursement to the creditors of the consumers, in each case pursuant to a debt management plan whereby consumers’ funds are distributed, pro rata, on a periodic basis to the consumers’ creditors. An account established by a consumer that is both owned and controlled by the consumer shall not be deemed to be a “trust account” for purposes of this chapter.
Section 2. (a) No person shall engage in or advertise for debt management services in the commonwealth unless such person has first obtained a debt management services license from the commissioner.
(b) A provider shall obtain a license for its primary business address and for each of its business addresses in the commonwealth.
(c) A license shall not be transferable or assignable.
(d) A licensee shall file a surety bond in an amount and form that the commissioner determines before it may conduct business in the commonwealth.
(e) A licensee shall not conduct business in the commonwealth under a business name other than the business name that is listed on its license. Notwithstanding the foregoing, a provider may do business under a fictitious business name, provided that the provider has registered such fictitious business name(s) with the Secretary of State and provided evidence of such registration to the commissioner.
(f) The commissioner shall promulgate rules and regulations for the administration and enforcement of this chapter.
Section 3. The following persons shall be exempt from this chapter:
(1) a providers employees who perform debt management services on the providers behalf in the regular course of their employment;
(2) a person organized under section 501(c) of the Internal Revenue Code that receives no compensation or gain for the debt management services from or on behalf of the individuals to whom it provides the services or from their creditors;
(3) judicial officers, individuals acting under the direction of a court, or assignees for creditors benefit;
(4) a bank as defined in section 1 of chapter 167, a national banking association, a federally chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any subsidiary of the above;
(5) attorneys licensed to practice law in the commonwealth who provide debt management services to consumers with whom the attorney also provides legal services within an attorney-client relationship to, and who do not solicit debt management services business;
(6) persons that provide bill paying services if such persons do not perform debt management service;
(7) creditors or the creditors employees who negotiate debt settlement with individuals or providers, acting on an individuals or consumers behalf;
(8) officers or employees of the United States or a state of the United States who perform debt management services for individuals on behalf of the federal government, the commonwealth, a municipality or a state agency, and receive compensation solely from such governmental entities;
(9) certified public accountants licensed in the commonwealth who provide debt management services to consumers with whom the certified public accountant also provides accounting services within an accountant-client relationship to, and who do not solicit debt management services business; and
(10) a third party payment processor which does not otherwise provide debt management services.
Section 4. (a) The application for the license and the application for the license renewal shall be in a form prescribed by the commissioner, signed under oath and containing information as the commissioner shall determine. Applicants shall pay an investigation fee that the secretary of administration and finance shall determine under section 3B of chapter 7. The commissioner shall evaluate the applicants financial responsibility, character, reputation, integrity and general fitness to determine whether the applicant will act lawfully, honestly, fairly, soundly and efficiently in the public interest. The license shall be for a period of 1 year. The secretary of administration and finance shall determine the license fee annually under section 3B of chapter 7. The following items shall be required in any application for a license under this Chapter:
(1) proof of compliance with Section 15.01 et seq. of title XXII, chapter 156D, which specifies the requirements for an entity to do business in the commonwealth.
(2) the applicant's name, principal business address and telephone number, all business addresses in this state, all electronic mail addresses for the business and all internet web site addresses to be used for the business;
(3) the name and home address of each officer and director of the applicant and each person that owns, directly or indirectly, more than fifteen percent of the voting interests of the applicant;
(4) a statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment relating to financial fraud or misuse and any material administrative or enforcement action relating to financial fraud or misuse by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents; and
(5) a copy of each form of agreement and the schedule of fees and charges that the applicant will use with individuals who reside in the commonwealth.
(b) The commissioner may participate in a multi-state licensing system for the sharing of regulatory information and for the licensing and application, by electronic or other means, of entities engaged in the business of debt management services. The commissioner may establish requirements for participation by an applicant in a multi-state licensing system which may vary from the provisions set out in this section and section 2. The commissioner may require a background investigation of each applicant for a license to engage in debt management services by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation. If the applicant is a partnership, association, corporation or other form of business organization, the commissioner may require such background investigation by means of fingerprint checks on each member, director, principal officer of such applicant, and any individual acting as a manager of an office location. The applicant shall pay directly to such multi-state licensing system any additional fee relating to participation in such multi-state licensing system.
Section 5. (a) The commissioner may deny a license if:
(1) the applicant does not satisfy the criteria set forth in subsection (c) of section 4.
(2) the application contains information that is materially erroneous or incomplete;
(3) the applicant fails to provide information that the commissioner may request, in a timely manner;
(4) an officer, director, member or principal of the applicants business has been (i) convicted of or pled nolo contendere to a felony, or (ii) committed an act involving fraud, deceit or dishonesty;
(5) an officer, director, member or principal of the applicant has had a professional license revoked, suspended or subjected to administrative action in any jurisdiction;
(6) the applicant or any of its an officers, directors, members or principals has defaulted in the payment of money collected for others; or
(7) the applicants license was revoked or suspended in another jurisdiction and has not been reinstated.
(b) On or before the 20th day after a license application denial, the commissioner shall enter upon the records a written decision and findings containing the reasons supporting a license denial, and shall send a notice to the applicant via certified mail. On or before the 30th day after the date of the notice, the applicant may appeal the denial to the superior court for Suffolk County, sitting in equity.
Section 6. (a) The commissioner may suspend, revoke or deny renewal of a license if:
(1) a licensee has violated this chapter or any rule or regulation adopted hereunder or any other law applicable to the conduct of its business;
(2) a fact or condition exists that, if it had existed when the licensee applied for a license, would have warranted the commissioner refusing to issue the initial license;
(3) the licensee does not satisfy the criteria required under subsection (c) of section 4;
(4) the licensee has refused to permit the commissioner to examine the licensees books and records under this chapter, failed to comply with section 13 or made a material misrepresentation or omission in complying with section 13; or
(5) the licensee has not responded within a reasonable time and in an appropriate manner to the commissioners communications.
(b) If the commissioner suspends, revokes, or denies renewal of a license, the commissioner may seek a court order to seize the licensees books, records, accounts, property or money in a trust account maintained by the provider.
(c) Except as provided in section 7, a licensee shall receive notice and a hearing under chapter 30A before the commissioner revokes or suspends a license.
(d) A licensee may deliver a written notice to the commissioner to surrender its license, provided, however, that if a licensee surrenders its license, its civil or criminal liability for acts committed before the surrender is not affected.
Section 7. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has acted in a manner that has violated or would violate this chapter, or a rule, regulation or order hereunder, the commissioner may order the licensee to cease and desist from unlawful acts or practices and take affirmative action to enforce this chapter.
(b) If the commissioner finds that a delay in issuing an order under subsection (a) will irreparably harm the public interest, the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify the affected licensee in writing that the order has been entered, the reasons for the order and that on or before the 20th day after the receipt of a written request from the licensee, the matter will be scheduled for hearing to determine whether or not such temporary order shall become permanent. If the commissioner does not order a hearing and a licensee does not request a hearing, the order shall remain in effect until the commissioner modifies or vacates it. If a hearing is requested or ordered, the commissioner shall vacate, modify or make the order permanent, by written findings of fact and conclusions of law, after giving the licensee subject to the order notice of and opportunity for a hearing.
(c) The commissioner shall not issue an order under this section, except an order issued pursuant to subsection (b), without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions that required the order have changed and that it is in the public interest to vacate or modify the order.
(d) Any order issued pursuant to this section shall be subject to review as provided in chapter 30A
Section 8. (a) The commissioner may examine the books and records of a licensee and have full access to the records related to its business. A licensee shall keep and use its business records in a form, at a location and for a retention period as the commissioner shall promulgate in a regulation, which shall enable the commissioner to determine whether the licensee is complying with this chapter and the rules and regulations promulgated hereunder, and any other law, rule or regulation applicable to its business.
(b) In connection with the examination, the commissioner may:
(1) oblige a licensee to pay expenses on or before the thirtieth day after the licensee receives an invoice, which the division incurs in conducting an examination, including expenses for travel outside the commonwealth;
(2) require or permit a licensee to file a statement under oath as to the facts and circumstances of a matter to aid in an examination; and
(3) seek a court order to seize the following items from the federally insured bank that a licensee maintains its trust account at: money, books, records, accounts and other property that the licensee keeps under the control of the federally insured bank.
(c) The commissioner shall preserve a full record of a licensees examination, including a statement of its condition. Examination records and reports, including work papers, information derived from reports or in response to reports and any copies thereof in a licensees possession shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause 26 of section 7 of chapter 4. For the purpose of this paragraph, examination records and reports shall include examination records and reports that any bank regulatory agency of a state, federal or foreign government conducted, which that agency or government considers confidential, and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of a record, other than a record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of a proceeding at which a record may be disclosed. The commissioner shall distribute copies of examination reports to a licensee for its use only and the licensee shall not publish these reports to any person or agency without the commissioners prior written approval. The commissioner may distribute any information, report, examination or statement relating to a licensee to any regulatory or law enforcement agency.
Section 9.The commissioner may investigate the books, accounts, records and files of a person that the commissioner has reason to believe is conducting the business of a provider in the commonwealth, whether the person acts or claims to act as a principal or agent, or under or without the authority of this chapter.
Section 10. (a) A licensee shall complete and furnish a written budget analysis to an individual before an individual may execute an agreement, which budget analysis may be based on information provided by the individual. A licensee shall not execute an agreement unless the budget analysis indicates that an individual can reasonably afford the payments established under the stated agreement. The commissioner shall determine the information that a budget analysis shall require.
(b) A licensee shall not accept compensation or gain, directly or indirectly, for performing debt management services before an individual executes an agreement. The agreement shall contain information that the commissioner shall determine. A licensee shall, at the time the agreement is executed, distribute a copy to the consumer.
(c) In addition to other items as the commissioner may require, the agreement shall disclose:
(1) the debt management services that the licensee will perform;
(2) the fees that the licensee will charge the consumer;
(3) that agreements may not be suitable for all individuals;
(4) that participation in a debt management program may adversely affect the individual’s credit rating or credit scores;
(5) that nonpayment of debt may lead creditors to increase finance and other charges or undertake collection activity, including litigation;
(6) that, unless the individual is insolvent, if a creditor settles for less than the full amount of the debt, the program may result in the creation of taxable income to the individual, even though the individual does not receive any money;
(7) that specific results cannot be predicted or guaranteed and the provider cannot force negotiations or settlements with creditors;
(8) that debt management programs require that individuals meet certain regular savings goals in order to enable settlements;
(9) that the provider does not provide accounting or legal advice to individuals, unless the provider is professionally licensed to provide such advice;
(10) that, if the provider is a debt settlement company and not a credit counselor, the provider is the individual's advocate and does not receive compensation from creditors, banks, or third party collection agencies;
(11) that, if the provider is a debt settlement company and not a credit counselor, the provider is does not make monthly payments to the individual's creditors,
(11) if applicable, disclose that the agreement does not cover secured debt; and
(12) disclose the list of debts that the agreement covers as provided to the licensee by the consumer at the time of the agreement.
Section 11. (a) A consumer may terminate an agreement at any time without a termination penalty by notifying the licensee in writing of his intention to terminate the agreement. Notice is deemed effective on the date the consumer mails such notice.
(b) All fees and payments that the consumer made, other than fees earned hereunder by the licensee, shall be refunded in full on or before the tenth business day after a licensee receives a termination notice.
Section 12. (a) If a consumer fails to honor the consumers contractual obligations on or before the 60th day after the consumer was required to perform under an agreement, then the licensee may terminate the agreement with the consumer. Notwithstanding the foregoing, if a consumer refuses to pay any fee to a licensee after such payment has been earned by the licensee, then the licensee may terminate its agreement with the consumer immediately.
(b) If a licensee terminates an agreement, the licensee shall immediately return to the consumer any money that the licensee held in trust for the consumer.
Section 13. A licensee shall file with the commissioner an annual report in a form that the commissioner shall prescribe. The report shall be in writing, under oath, and contain information related to the conduct of a licensees business. If a licensee neglects to file an annual report or fails to amend the same on or before the fifteenth day after the commissioner provides notice to the licensee, then the licensee shall pay a fine of $50 per day during which the neglect or failure to amend the same continues.
Section 14. (a) A licensee shall maintain a separate trust account at a federally insured bank to hold funds that it receives from consumers. Trust accounts shall comply with regulations that the commissioner promulgates hereunder.
(b) A licensee shall not commingle money collected for a creditor with the licensees own funds or use any part of a consumers money in the conduct of the licensees business.
Section 15. (a) A licensee shall not impose, directly or indirectly, a fee or other charge on a consumer or receive payment from or on behalf of a consumer for performing debt management services except as provided in this Section 15.
(b) A licensee shall not impose charges or receive payment for debt management services until the licensee and the individual have signed an agreement that complies with section 10 and the regulations promulgated hereunder.
(c) If an agreement contemplates that creditors will settle an individual’s debts for less than the principal amount of the debt, a licensee may not charge or collect compensation for services in connection with settling a debt unless: the licensee has renegotiated, settled, reduced or otherwise altered the terms of at least one debt pursuant to a valid contractual agreement executed by the consumer; and the consumer has made at least one payment pursuant to the settlement agreement or other valid contractual agreement between the consumer and the creditor or debt collector.
(d) With respect to agreements in which no fees are charged or collected until such time as a settlement agreement has been reached with a creditor and at least one payment has been made towards such agreement by the individual, the provider may collect a fee that: bears the same proportional relationship to the total fee for renegotiating, settling, reducing, or altering the terms of the entire debt balance as the individual debt amount bears to the entire debt amount based on the time the debt was enrolled in the service; or is a percentage of the amount saved as a result of the renegotiation, settlement, reduction, or alteration, provided that the percentage charged to an individual cannot change from one debt to another, and provided further that the amount saved shall be calculated as the difference between the amount owed at the time the debt was enrolled in the plan and the amount actually paid to satisfy the debt.
(e) The amount or calculation of settlement fees charged under this Section 15 must be disclosed at the time of the inception of the agreement between the provider and the individual.
Section 15A. A licensee may not:
(a) take or exercise a power of attorney that authorizes it to settle a debt;
(b) exercise or attempt to exercise a power of attorney or any other authority of the individual after an individual has terminated his or her debt management agreement;
(c) initiate a transfer from an individual's account at a bank or with another person unless the transfer is: a return of money to the individual; before termination of an agreement, properly authorized by the agreement and this chapter for payment of a fee; or to a creditor to fund a negotiated settlement with that creditor;
(d) settle a debt or lead an individual to believe that a payment to a creditor is in settlement of a debt to the creditor unless, at the time of settlement, the individual receives a confirmation from the creditor that the payment is in full settlement of the debt, or is part of a payment plan that is in full settlement of the debt;
(e) make any representation that: the provider will furnish money to pay bills or prevent attachments; payment of a certain amount will guarantee satisfaction of a certain amount or range of indebtedness; or participation in a program will prevent litigation, garnishment, attachment, repossession, foreclosure, eviction, or loss of employment;
(f) misrepresent that the provider is able to furnish legal advice or perform legal services;
(g) represent that it is a not-for-profit entity unless it is organized and properly operating as a not-for-profit under the law of the state in which it was formed or that it is a tax-exempt entity unless it has received certification of tax-exempt status from the Internal Revenue Service;
(h) take a confession of judgment or power of attorney to confess judgment against an individual;
(i) employ any unfair, unconscionable, or deceptive act or practice, including the knowing omission of any material information;
(j) purchase a debt or obligation of the individual;
(k) receive from or on behalf of the individual a promissory note or other negotiable instrument other than a check or a demand draft or a post-dated check or demand draft;
(l) other than through an affiliate that is either separately licensed to perform lending in the commonwealth or exempt from such licensure, lend money or provide credit to the individual, except as a deferral of a settlement fee at no additional expense to the individual, or obtain a mortgage or other security interest from any person in connection with the services provided to the individual;
(m) except as permitted by federal law, disclose the identity or identifying information of the individual or the identity of the individual's creditors, except to: the commissioner, upon proper demand; or to the extent necessary to administer the program, including but not limited to a creditor of the individual.
Section 16. (a) A statement of accounting shall contain the following information:
(1) the amount of money that the consumer has paid to the provider since the provider prepared the last statement;
(2) the amounts, dates and creditors that the provider paid on the consumers behalf, since the provider prepared the last statement;
(3) the amounts of money that the provider collected as compensation from the consumers payments;
(4) the amount of money that the provider holds in trust for the consumer; and
(5) if, since the last statement date, the consumers creditor accepted a payment from the provider in full or partial satisfaction of the consumers debt with that creditor: (i) the total amount of money that the provider paid the creditor to settle a consumers debt; (ii) the amount of the debt at the time the provider and a consumer entered their agreement; (iii) the amount of a debt at the time a consumers creditor agreed to settle a debt with a provider; and (iv) the amount of compensation that the provider receives to settle a debt.
(b) A licensee shall distribute a statement of accounting to a consumer:
(1) while an agreement is in effect: (i) at least once per month; and (ii) on or before the fifth business day after a consumer demands a statement of accounting from a licensee; provided, however, a licensee may refuse to comply with more than 1 request for a statement of accounting per month; and
(2) on the day on which a consumer or a licensee rescinds or terminates an agreement.
(c) Notwithstanding the requirement set forth in clauses (1) and (2) of subsection (b), a provider that enables, or arranges to enable, 24 hours a day, 7 days a week, electronic access by a consumer to all of the consumers deposit account transaction information, including, but not limited to, all deposit and withdrawal activity, and electronic access by a consumer to debt management account activity, including, but not limited to, such settlement information as account status, settlement dates, settlement amounts and fees paid, shall be deemed to have satisfied the content requirements in subsection (a) and the distribution requirements in subsection (b).
Section 17. A person shall not advertise, announce, broadcast, display, distribute, print, publish, televise or permit any other person to advertise, announce, broadcast, display, distribute, print, publish or televise on its behalf a statement or representation that is deceptive, false or misleading.
17A. All communications required by this Act that take place between providers and individuals may take place by electronic means.
(a) In this section:
(1) "federal act" means the federal "electronic signatures in global and national commerce act", 15 U.S.C. sec. 7001 et seq., as amended.
(2) "consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes.
(b) a provider may satisfy the requirements of this chapter by means of the Internet or other electronic means if the provider obtains a consumer's consent in the manner provided by section 101 (c) (1) of the federal act.
(c) the disclosures and materials required by this chapter shall be presented in a form that is capable of being accurately reproduced for later reference.
(d) with respect to disclosure by means of an Internet web site, the disclosures required by this chapter must appear on one or more screens that:
(1) contains no other information; and
(2) the individual must see before proceeding to assent to formation of a program.
(e) at the time of providing the materials and agreement required by this chapter, a provider shall inform the individual that upon electronic, telephonic, or written request, it will send the individual a written copy of the materials and shall comply with a request as provided in subsection (f) of this section.
(f) if a provider is requested, before the expiration of ninety days after a program is completed or terminated, to send a written copy of the materials required by this chapter, the provider shall send them at no charge within three business days after the request, but the provider need not comply with a request more than once per calendar month or if it reasonably believes the request is made for purposes of harassment. If a request is made more than ninety days after a program is completed or terminated, the provider shall send within a reasonable time a written copy of the materials requested.
(g) a provider that maintains an Internet web site shall disclose on the home page or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents:
(1) its name and all names under which it does business;
(2) its principal business address, telephone number, and electronic mail address, if any.
(h) subject to Section 22(i), if a consumer who has consented to electronic communication in the manner provided by section 101 of the federal act withdraws consent as provided in the federal act, a provider may terminate its agreement with the consumer.
(i) if a provider wishes to terminate an agreement with a consumer pursuant to Section 22(h), it shall notify the consumer that it will terminate the agreement unless the consumer, within thirty days after receiving the notification, consents to electronic communication in the manner provided in section 101 (c) of the federal act.
Section 18. If a licensee delegates a duty or obligation that this chapter mandates to another person, including an independent contractor, the licensee is liable for the other persons conduct that violates an agreement, this chapter or any of regulation of the division.
Section 19. A person that violates section 2 or any rule or regulation promulgated thereunder shall pay a fine of not more than $2,000 or be imprisoned in a house of correction for not more than 2 1/2 years or be imprisoned in state prison for not more than 5 years, or both a fine and imprisonment. Each day a violation occurs or continues shall be deemed a separate offense. This sections penalty provision shall be in addition to, and not in lieu of, the penalty provisions under any other law applicable to providers for violating section 2 or any rule or regulation made thereunder.
Section 20. (a) If the commissioner finds that a person has violated this chapter, a rule or regulation adopted thereunder or any other law applicable to the conduct of a provider, the commissioner may order or impose a penalty upon the person, which shall not exceed $5,000 per violation of law, rule or regulation, up to a maximum of $100,000 plus the costs of investigation.
(b) Nothing in this section limits an individuals right to bring an action against a provider that injured the individual to recover damages or restitution in a court of competent jurisdiction.
(c) A finding or order that the commissioner issues under this section shall be reviewable under chapter 30A
Section 21. A violation of this chapter shall be a violation of chapter 93A and an aggrieved individual may recover damages from a provider under this chapter and chapter 93A
SECTION 3. This act shall take effect 180 days after its passage, provided, however, that the authority for the commissioner to promulgate regulations in section 2 of chapter 255G of the General Laws, as appearing in section 2, shall take effect upon passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act preserving the competitiveness of group auto and homeowners insurance plans
|
H957
|
HD1818
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T17:52:21.473'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T17:52:21.4733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H957/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 957) of Daniel Cahill relative to competitiveness of group auto and homeowners insurance plans. Financial Services.
|
SECTION 1. Notwithstanding any general or special law to the contrary, a group marketing plan approved and in effect pursuant to section 193R of chapter 175 of the General Laws during calendar years 2020 to 2024, inclusive, may be approved upon renewal notwithstanding that less than 35 percent of its members are insured during said calendar years 2024 to 2030, inclusive, respectively.
SECTION 2. This act shall take effect on passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to certain loans by the federal home loan bank
|
H958
|
HD1819
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T17:54:49.363'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T17:54:49.3633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H958/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 958) of Daniel Cahill relative to certain loans by the federal home loan bank. Financial Services.
|
SECTION 1. Section 19G of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such references with “180A to 180L3/4, inclusive”.
SECTION 2. Section 19K of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such reference with “180A to 180L3/4, inclusive”.
SECTION 3. Section 180A of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L1/2, inclusive” and replacing such references with “180A to 180L3/4, inclusive”.
SECTION 4. Section 180A of Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following definition:
“Federal Home Loan Bank”, an institution chartered under the "Federal Home Loan Bank Act of 1932," 12 U.S.C. 1421, et seq..
SECTION 5. Chapter 175 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 180 L1/2, the following new section:-
Section 180L3/4. (a) Notwithstanding any other provision of sections 180A to 180L3/4, inclusive, no person, for more than ten days shall be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action under any pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or arrangement or any similar agreement, arrangement or other credit enhancement to which a federal home loan bank is a party.
(b) Notwithstanding any other provision of sections 180A to 180L3/4, inclusive, no receiver, rehabilitator, liquidator, or any other person shall avoid any transfer of, or any obligation to transfer, money or any other property arising under or in connection with any pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or arrangement or any similar agreement, arrangement or other credit enhancement to which a federal home loan bank, is a party, that is made, incurred or assumed before or after the commencement of a delinquency proceeding under this chapter; provided, however, that a transfer may be avoided under chapter 109A if the transfer was made with actual intent to hinder, delay or defraud the insurer, a receiver appointed for the insurer, or existing or future creditors.
(c) A federal home loan bank exercising its rights regarding collateral pledged by an insurer-member shall, within seven days of receiving a redemption request made by the insurer-member, repurchase any of the insurer-member's outstanding capital stock in excess of the amount the insurer-member must hold as a minimum investment. The federal home loan bank shall repurchase the excess outstanding capital stock only to the extent that it determines in good faith that the repurchase is both of the following:
(1) Permissible under federal laws and regulations and the federal home loan bank's capital plan;
(2) Consistent with the capital stock practices currently applicable to the federal home loan bank's entire membership.
(d) (1) Not later than ten days after the date of appointment of a receiver, rehabilitator, or liquidator in a proceeding under section 180A to 180L3/4 involving an insurer-member of a federal home loan bank, the federal home loan bank shall provide to the receiver, rehabilitator, or liquidator a process and timeline for the following:
(i) The release of any collateral held by the federal home loan bank that exceeds the amount that is required to support the secured obligations of the insurer-member and that is remaining after any repayment of loans, as determined under the applicable agreements between the federal home loan bank and the insurer-member;
(ii) The release of any collateral of the insurer-member remaining in the federal home loan bank's possession following repayment in full of all outstanding secured obligations of the insurer-member;
(iii) The payment of fees owed by the insurer-member and the operation, maintenance, closure, or disposition of deposits and other accounts of the insurer-member, as mutually agreed upon by the receiver, rehabilitator, or liquidator and the federal home loan bank;
(iv) Any redemption or repurchase of federal home loan bank stock or excess stock of any class that the insurer-member is required to own under agreements between the federal home loan bank and the insurer-member.
(2) Upon the request of a receiver, rehabilitator, or liquidator appointed in a proceeding under sections 180A to 180L3/4 involving a federal home loan bank insurer-member, the federal home loan bank shall provide to the receiver, rehabilitator, or liquidator any available options for the insurer-member to renew or restructure a loan. In determining which options are available, the federal home loan bank may consider market conditions, the terms of any loans outstanding to the insurer-member, the applicable policies of the federal home loan bank, and the federal laws and regulations applicable to federal home loan banks.
(e) As used in this section, "insurer-member" means a member of the federal home loan bank in question that is an insurer.
SECTION 6. Section 20 of Chapter 176G of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking all references therein to “180A to 180L, inclusive” and replacing such references with “180A to 180L3/4, inclusive”
| null |
[]
|
[]
|
[]
|
[]
|
An Act prohibiting discrimination against 340b drug discount program participants
|
H959
|
HD3037
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:16:56.893'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:16:56.8933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-30T16:03:05.0366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T16:03:05.0366667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T16:03:05.0366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T19:24:11.0333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T19:24:11.0333333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-31T19:24:11.0333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T19:24:11.0333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-01T13:22:12.1033333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-03T16:09:57.18'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T16:09:57.18'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-03T16:09:57.18'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T16:09:57.18'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-07T14:24:47.2433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-13T10:26:08.37'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-13T10:26:08.37'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T11:12:01.0266667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-22T11:18:55.6633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-24T16:30:07.3733333'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-24T12:55:40.6966667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T14:57:17.5166667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-06-14T15:57:00.9033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H959/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 959) of Daniel Cahill and others for legislation to prohibit discrimination against 340B drug discount program participants. Financial Services.
|
SECTION 1. Chapter 32A of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 33, the following new section:-
Section 34
(a) DEFINITIONS. For purposes of this section:
(1) “340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
(2) “Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
(3) “Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
(b) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(c) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
SECTION 2. Chapter 175 of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 47tt, the following new section:-
Section 47uu
(a) DEFINITIONS. For purposes of this section:
(1) “340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
(2) “Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
(3) “Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
(b) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(c) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
SECTION 3. Chapter 176A of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 39, the following Section:
Section 40
(a) DEFINITIONS. For purposes of this section:
(1) “340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
(2) “Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
(3) “Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
(b) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(c) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
SECTION 4. Section 1 of Chapter 176B of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Commissioner”, the following new definitions:
“340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
“Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
“Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
SECTION 5. Chapter 176B of the General laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after Section 26 the following new section:-
Section 27.
(a) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(b) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
SECTION 6. Section 1 of Chapter 176G of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Company”, the following new definitions:
“340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
“Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
“Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
SECTION 7. Chapter 176G of the General laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after Section 34 the following new section:-
Section 35.
(a) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(b) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
SECTION 8. Section 1 of Chapter 176I of the General laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Commissioner”, the following new definitions:
“340B-covered entity” has the same meaning as that set forth in section 256b(a)(4) of Title 42 of the United States Code.
“Contract pharmacy” means a pharmacy operating under contract with a 340B-covered entity to provide dispensing services to the 340B-covered entity as described in 75 Fed. Reg. 10,272 (Mar. 5, 2010).
“Drug coverage” means:
(i) An insurance company organized under this Chapter providing reimbursement for covered outpatient drugs, excepting any Medicaid insurance plan of the Commonwealth as defined in G. L. c. 118E or other applicable laws governing Medicaid in the Commonwealth;
(ii) Notwithstanding the foregoing, the term “drug coverage” does not include any amounts paid by an individual on his or her own behalf or on behalf of another individual.
SECTION 9. Chapter 176I of the General laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after Section 14 the following new section:-
Section 15.
(a) TERMS OF AGREEMENTS. No drug coverage that reimburses a-340B-covered entity or its contract pharmacy for drugs that are subject to an agreement under section 256b(a)(1) of Title 42 of the United States Code:
(i) Shall reimburse a covered entity or contract pharmacy for a quantity of a 340B drug in an amount less than such plan, issuer, or manager would pay to any other similarly situated entity or pharmacy that is not a covered entity or a contract pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs.
(ii) Shall discriminate against a 340B-covered entity (as defined in subsection (a)(1)) or a contract pharmacy (as defined in subsection (a)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b).
(ii) Shall impose any terms or conditions on 340B-covered entities or contract pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not 340B-covered entities or contract pharmacies on the basis that the entity or pharmacy is a 340B-covered entity or contract pharmacy or that the entity or pharmacy dispenses 340B drugs:
(A) Fees, chargebacks, clawbacks, adjustments, or other assessments.
(B) Professional dispensing fees.
(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks.
(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles.
(iii) Shall require a claim for a drug to include a modifier to indicate that the drug is a 340B drug, or any other method of identifying the claim as 340B, unless the claim is for payment, directly or indirectly, by Medicaid as defined in Section 8 of Chapter 118E.
(b) Patient’s Choice. With respect to a patient eligible to receive drugs that are subject to an agreement under section 256b of Title 42 of the United States Code from a 340B-covered entity or its contract pharmacy, no entity that makes payment for such drugs shall discriminate against the 340B-covered entity or its contract pharmacy in a manner that prevents, steers, or otherwise interferes with the patient’s choice to receive such drugs from the 340B-covered entity or its contract pharmacy.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the use of Department of Conservation and Recreation property for farmers markets and community gardens
|
H96
|
HD986
| 193
|
{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:43:43.783'}
|
[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:43:43.7833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T14:24:08.8766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T14:24:08.8766667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-10T10:39:37.4033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T10:39:37.4033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T11:17:07.27'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H96/DocumentHistoryActions
|
Bill
|
By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 96) of Paul A. Schmid, III and others for legislation to authorize the Department of Conservation and Recreation to establish a program to provide for the use of certain state owned land for community gardens and farmers' markets. Agriculture.
|
SECTION 1. Chapter 132A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2D, the following 2 sections: -
Section 2E. (a) The commissioner of the department of conservation and recreation shall establish a program to provide for the use of designated lands in state-owned department parks and reservations throughout the commonwealth for community gardens. Lands so designated shall be restricted to noncommercial horticultural uses of growing and harvesting food crops by inhabitants of local communities.
Community gardens shall be established as authorized by the commissioner, in open spaces that are suitable for such recreational gardening activities which are accessible to the public. Improvements to community garden lands shall to the extent as is practicable, preserve the natural state of such park and reservation areas.
Under the program, specific planting areas that are available within designated community garden sites shall be allotted for personal use on a seasonal basis by special permits issued to qualifying individual gardeners.
The department shall evaluate, identify, and map community garden lands, and post relevant information about the sites and potential sites on the department’s public website.
(b) The commissioner shall be authorized to license cities or towns to, establish, improve, maintain, operate and access local community gardens on designated department land. Said licenses shall be granted for no fee, upon such terms, restrictions and agreements, and for such period of years, not exceeding 10, as the commissioner may deem appropriate; provided, that the land licensed is utilized for the purposes of the department’s community garden program consistent with the applicable rules and regulations of the department, and provided further, that under said licenses, cities and towns may be responsible for their costs and expenses, or portion thereof, to establish, improve, maintain and operate community gardens.
Cities and towns applying for a license to use department lands under the community garden program shall submit a plan related to said use, which shall be subject to approval by the commissioner.
(c) The commissioner shall be authorized to license qualified non-profit organizations to, establish, improve, maintain, operate and access community gardens on designated department land. Said licenses shall be granted, upon such terms, restrictions and agreements, and for such period of years, not exceeding 5, as the commissioner may deem appropriate; provided, that the land is used for the purposes of the department’s community garden program consistent with the applicable rules and regulations of the department; and provided further, said licenses are granted based on a competitive application and proposal process. Notwithstanding, no license shall be granted to a non-profit organization for designated land unless, the commissioner has first provided the city or town where the available land is located, the option to be granted a license for such community garden site.
(d) Cities and towns, and non-profit organizations as part of the terms of said licenses, shall abide by the rules and regulations adopted by the department relating to the use and operation of community garden lands.
Licenses granted for community garden lands under this section, shall be revocable at any time by the commissioner for the failure of recipient municipalities or non-profit organizations to comply with such license terms, restrictions, and agreements.
In no event shall the granting of said licenses be construed to create in such municipalities or non-profit organizations, any title, right to acquire title, or ownership interest in licensed lands. The provisions of this subsection shall not prohibit the commissioner from leasing such lands to municipalities or qualified non-profit organizations under applicable law, for the purposes of the community garden program.
(e) The department or its employees shall not be liable for injuries or death to persons, or damage to property, resulting from any conduct related to the operation and use of community gardens on department lands, in the absence of willful, wanton, or reckless conduct on the part of said department or employees; provided, the community garden where such injury or death occurred, is enclosed by suitable fencing of not less than 4 feet in height and conspicuous signage warning of such limitation of liability is posted on, or near such fence at garden entryways.
(f) The department shall adopt rules and regulations related to the establishment, use and operation of community gardens under the department’s community garden program.
Section 2F. The commissioner of the department of conservation and recreation shall establish a program to provide for the seasonal use of areas in department parks and reservations by farmers for public marketplaces. Such public markets shall be limited mainly to the vending of food and other agricultural products that are grown, raised, or produced on Massachusetts farms.
The temporary establishment of said public markets as approved by the commissioner shall be at suitable land and parking areas accessible by the public, and, at appropriate times during daylight hours. Under the program, the commissioner shall be authorized to issue special seasonal permits to farmer vendors, which shall be restricted to specific approved public market sites and times, upon such terms and conditions as the commissioner may deem appropriate. As a condition of the issuance of a permit, a farmer vendor shall be required to comply with any laws and regulations applicable to the vending of food and agricultural products at said public markets.
Special permits issued by the commissioner shall, be based on a competitive application and proposal process, and be subject to revocation by the commissioner at any time.
The commissioner, in consultation with the commissioner of the department of agricultural resources, shall adopt rules and regulations for said public markets.
Farmers’ markets allowed pursuant to this section shall not be subject to the commercial limitations under section 2B of chapter 132A.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relating to modernizing business to business commercial insurance transactions
|
H960
|
HD3045
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:35:20.56'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:35:20.56'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H960/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 960) of Daniel Cahill relative to business to business commercial insurance transactions. Financial Services.
|
SECTION 1. Chapter 175 of the General Laws is hereby amended by adding a new section 228 as follows:
Section 228: Specialty commercial lines; filing exemptions
Section 228.(a) For the purposes of this section, the following words shall have the following meanings:
''Contract of insurance'', a contract of insurance as defined in section 2 providing for property or casualty insurance coverages or any combination thereof.
“Specialty commercial lines”, the following property or casualty insurance coverages:
1)Aircraft liability and hull insurance;
2)Surety and fidelity;
3)Commercial inland marine;
4)Ocean marine;
5)Boiler and machinery;
6)Environmental impairment/pollution liability;
7)Kidnap and ransom;
8)Political risk or expropriation;
9)Excess and umbrella liability;
10)Directors’ and officers’ liability;
11)Fiduciary liability;
12)Employment practices liability;
13)Errors and omission and professional liability (other than medical malpractice);
14)Media liability;
15)Commercial lines travel risks, including accidental death and dismemberment;
16)Product liability, product recall and completed operations;
17)Cybersecurity, including first and third party commercial lines coverage for losses arising out of or relating to data privacy breaches, network security, computer viruses and similar exposures;
18)Highly protected commercial property;
19)Commercial flood insurance (other than National Flood Insurance Program);
20)Any other commercial lines insurance coverage or risk that the commissioner shall, pursuant to regulation, exempt from rate and policy form filing requirements in order to promote enhanced competition or to more effectively use the resources of the department that might otherwise be used to review commercial lines filings. Such exemptions shall not apply to motor vehicle, workers’ compensation or medical malpractice insurance.
(b) As they relate to the regulation of policy form and content and the filing, approval and fixing and establishing of rates, section 6 of chapter 174A, chapter 175, including, but not limited to, sections 2B, 22A, 193F, 193G, and 193H, and chapter 175A shall not apply to specialty commercial lines. Notwithstanding other requirements of this section, an insurer issuing a contract of specialty commercial lines insurance shall maintain underwriting files, premium, loss and expense statistics, financial and other records with regard to the contract of insurance which shall be subject to examination by the commissioner pursuant to section 4.
(c) The commissioner may temporarily reinstate, for a period of no longer than one year, the requirement for rate or form filings for a specific specialty commercial lines insurance coverage specified under subsection (a) of this section if, after a hearing, the commissioner makes a finding of fact that a reasonable degree of competition does not exist for that specific type of insurance coverage. Such a finding of fact by the commissioner must specify the relevant tests used to determine whether a lack of a reasonable degree of competition exists and the results thereof. In the absence of such specific findings of fact by the commissioner, a competitive market is presumed to exist.
SECTION 2. Chapter 175 of the General Laws is hereby amended by amending Section 224(a) as follows:
Section 224. (a) For the purposes of this section, the following words shall have the following meanings:
''Contract of insurance'', a contract of insurance as defined in section 2 providing for property or casualty insurance coverages or any combination thereof.
''Large commercial policyholder'', the holder of a contract of insurance which is a corporation, partnership, trust, sole proprietorship or other business or public entity, has aggregate property and casualty insurance premiums of $25,000 excluding workers' compensation, which has certified that it elects to be treated as a large commercial policyholder and understands the limited regulatory oversight that the election connotes and has certified that it meets 2 of the following criteria:
(1) net worth of $10,000,000;
(2) net revenue or sales of $5,000,000;
(3) more than 25 employees per individual company or more than 50 employees per holding company aggregate;
(4) nonprofit or public entity with an annual budget or assets of $25,000,000 or more;
(5) municipality with a population of 20,000 or more; or
(6) retains a risk manager who shall be a full-time employee or a person retained by a large commercial policyholder, either of which shall be licensed and shall be 1 of the following:? (i) a certified insurance counselor; (ii) a chartered property and casualty underwriter; (iii) an associate in risk management; (iv) a certified risk manager; or (v) a licensed insurance advisor in property and casualty insurance.
| null |
[]
|
[]
|
[]
|
[]
|
An Act establishing portable benefit accounts for app-based-delivery drivers
|
H961
|
HD3456
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T12:46:54.467'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T12:46:54.4666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H961/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 961) of Daniel Cahill relative to establishing portable benefit accounts for app-based-delivery drivers. Financial Services.
|
SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 175M the following chapter:-
CHAPTER 175N.
PORTABLE BENEFITS FOR APP-BASED-DELIVERY DRIVERS
Section 1. The General Court hereby finds and declares that:
App-based-delivery drivers are providing essential services to their communities. App-based-delivery drivers retain full control over where, when, and how they perform app-based services/work and are therefore classified as independent contractors.
App-based-delivery drivers may not be entitled to some of the protections of an employee. In order to protect these workers, a portable benefits framework for app-based-delivery drivers is created to enable the provision of benefits, such as income replacement, health and wellness, and others, to one worker by multiple delivery platforms. In addition, delivery network companies shall be required to purchase occupational accident insurance and maintain automobile insurance coverage for app-based-delivery workers.
For the foregoing reasons, it is the General Court’s intent that the Director’s actions shall displace competition among delivery network companies in the provision of benefits to app-based-delivery drivers for the purpose of achieving the goals of creating a portable benefits framework for app-based-delivery drivers and occupational accident insurance and automobile insurance requirements for delivery network companies.
Section 2. For the purposes of this chapter, the following words shall have the following meanings:-
“Allocation date”, the date following the last day of a quarter on which a delivery network company makes a quarterly deposit into a portable benefit account, which in no case shall be more than 30 days after such last day.
“App-based-delivery driver”, an individual who provides delivery services within the Commonwealth through a delivery network company’s online-enabled application or platform.
“Delivery network company”, a business entity that maintains an online-enabled application or platform used to facilitate delivery services within the Commonwealth.
“Delivery services”, the fulfillment of a delivery request, meaning the pickup from any location of any item or items and the delivery of the items using a passenger vehicle, bicycle, scooter, walking, public transportation, or other similar means of transportation, to a location selected by the customer located within 50 miles of the pickup location. Delivery services may include the selection, collection, or purchase of items by an app-based-delivery driver, as well as other tasks incidental to a delivery.
“Earnings”, all earnings, including incentives and bonuses: (a) paid to the app-based-delivery driver by the delivery network company; or (b) remitted to the app-based-delivery driver from payment facilitated by a delivery network company, but not including amounts charged for fees, taxes, or other similar charges. Earnings does not include any payments for gratuities.
“Earnings loss”, a decrease of 50 per cent or more in an app-based-delivery driver’s monthly earnings from the previous month that results through no fault of the app-based-delivery driver.
“Eligibility date”, the first day of a quarter, occurring after December 31, 2023, during which an app-based-delivery driver qualifies as an eligible driver.
“Eligible driver”, an app-based-delivery driver whose earnings from, or facilitated by, a delivery network company total at least $1,000 during a quarter. An app-based-delivery driver who qualified as an eligible driver of a delivery network company under this definition shall remain an eligible driver of the delivery network company for three quarters following the initial quarter of eligibility, regardless of the amount of earnings the app-based-delivery driver has during those three quarters. After such time, any such individual may requalify as an eligible driver of the delivery network company at such time as the app-based-delivery driver earnings paid or facilitated by the delivery network company total or exceed $1,000 in a quarter.
“Permissible use”, the use of funds to,
(a) compensate for lost income due to:
(1) an illness or accident;
(2) the birth or adoption of a child of the app-based-delivery driver;
(3) a federal or governor-declared state of emergency;
(4) an earnings loss;
(b) transfer funds to an individual retirement account; or
(c) cover expenses incurred for premiums for health insurance coverage in the individual market.
“Portable benefit account”, a financial account (a) from which amounts may be withdrawn for a permissible use; (b) that meets the requirements of this chapter; and (c) that is administered by a portable benefit account provider.
“Portable benefit account provider”, a bank, as defined in section 1 of chapter 167, or another person who demonstrates to the satisfaction of the commissioner of banks that the manner in which such bank or person will administer the portable benefit account will be consistent with the portable benefit account requirements under this chapter.
“Quarter”, each of the following 4 time periods: (a) January 1 through March 31; (b) April 1 through June 30; (c) July 1 through September 30; (d) October 1 through December 31.
Section 3. (a) A delivery network company shall, by each allocation date, contribute to a portable benefit account of an eligible driver an amount equal to 4 per cent of an eligible driver’s earnings in the immediately preceding quarter earned through that delivery network company.
(b) The first contribution to an eligible driver’s portable benefit account by a delivery network company under subsection (a) shall be made on the first allocation date following such individual’s eligibility date with respect to the delivery network company.
(c) Each delivery network company shall allow an eligible driver to elect to also contribute to the eligible driver’s portable benefit account, and shall deduct the amount elected by the eligible driver from the individual’s earnings and designate such amount for contribution to the portable benefit account.
(d) A delivery network company shall deposit any deductions elected under this subsection (c) into the eligible driver’s portable benefit account on a quarterly basis, no later than 7 days following the allocation date for the quarter.
(e) Contributions made by a delivery network company under subsections (a) or (c) shall be made in cash and, with respect to contributions made under subsection (a), come from the delivery network company’s general assets and not be deducted or drawn from an eligible driver’s earnings.
(f) Any contribution under subsections (a) or (c) shall be made to the default portable benefit account the delivery network company elects on behalf of the eligible driver, unless an eligible driver elects a different portable benefit account and informs the delivery network company at least 30 days prior to the allocation date.
(g) Each delivery network company shall ensure that the default portable benefit account offered by the delivery network company makes available at least 3 individual retirement account providers from which an eligible driver may select.
(h) Notwithstanding any other provision of this chapter, transfers made from a portable benefit account to an individual retirement account offered under the portable benefit account shall not exceed the annual contribution limit established by the Internal Revenue Service for contributions to an individual retirement account for the tax year in which the transfer is made.
Section 4. (a) An eligible driver who has deposited funds in a portable benefit account may receive a distribution of amounts for a permissible use.
(b) Assets in a portable benefit account shall not be commingled with other property except in a common trust fund or common investment fund.
(c) In the case of the death of any eligible driver, the entire balance remaining in the portable benefit account of the individual shall be immediately distributed in the form of a direct trustee-to-trustee transfer to the individual retirement account of the individual under the portable benefit account.
Section 5. (a) A portable benefit account shall be exempt from taxation under chapters 58 to 65c, inclusive.
(b) Contributions to a portable benefit account on behalf of an eligible driver by a delivery network company under subsection (a) of section 3 shall not be included in calculating gross income of the eligible driver under chapter 62.
(c) Pursuant to section 3 of chapter 62, amounts elected to be contributed by an app-based-delivery driver shall be allowed as a deduction in determining taxable income.
(d) Any distribution from an eligible driver’s portable benefit account shall not be included in gross income of the eligible driver under chapter 62, to the extent such distributions are for a permissible use, as certified by the eligible driver to the portable benefit account provider.
(e) Notwithstanding subsections (a) to (d), inclusive, in the case of any distribution from the health and paid leave account of an eligible driver’s portable benefit account which is not for a permissible use, the distribution shall be included in calculating gross income of the eligible driver under chapter 62 and in addition the distribution amount shall be subject to an additional 10 per cent penalty tax.
Section 6. The director of the department of family and medical leave shall promulgate rules and regulations pursuant to this chapter.
SECTION 2. The General Laws, as appearing in the 2020 Official Edition, are hereby
amended by inserting after chapter 175N the following chapter:
CHAPTER 175O
OCCUPATIONAL ACCIDENT INSURANCE FOR APP-BASED-DELIVERY DRIVERS
Section 1. For the purposes of this chapter, the following words shall have the following meanings:-
“App-based-delivery driver”, has the same meaning as provided in section 2 of Chapter 175N.
“Average weekly earnings”, the app-based-delivery driver’s total earnings from all delivery network companies during the 28 days prior to a covered accident divided by four.
“Earnings”, has the same meaning as provided in section 2 of Chapter 175N.
“Maximum weekly compensation rate”, has the same meaning as provided in section 1 of chapter 152.
“Minimum weekly compensation rate”, has the same meaning as provided in section 1 of chapter 152.
“Delivery network company”, has the same meaning as provided in section 2 of Chapter 175N.
Section 2. It is an unlawful practice, unless based upon a bona fide occupational qualification or public or app-based-delivery driver safety need, for a delivery network company to refuse to contract with, terminate the contract of, or deactivate from the delivery network company’s online-enabled application or platform, any app-based-delivery driver or prospective app-based-delivery driver based upon race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, ancestry or status as a veteran.
Section 3. (a) Delivery network companies, within 240 days of the effective date of this act, shall purchase occupational accident insurance, as described in subsection (c), for all app-based-delivery drivers who provide services through their networks within the Commonwealth.
(b) Delivery network companies shall file with the division of insurance, no later than 30 days after the commencement of a new policy year, a copy of the policy it has purchased for app-based-delivery drivers. The division of insurance shall be treated by the insurer as a certificate holder for purposes of receiving notice of cancellation of the policy.
(c) The occupational accident insurance policy required under subsection (a) shall cover medical expenses and lost income resulting from injuries suffered while the app-based-delivery driver engaged on a delivery network company’s online-enabled application or platform. Policies shall at a minimum provide, in aggregate, at least $1,000,000 of coverage and, at a minimum, the following: (1) Coverage for medical expenses incurred, up to at least $250,000; (2) Continuous total disability payments, temporary total disability payments, and partial disability equal to 60 per cent of the app-based-delivery driver’s average weekly earnings from all delivery network companies as of the date of injury but not more than the maximum weekly compensation rate, unless the average weekly wage of the app-based-delivery driver is less than the minimum weekly compensation rate, in which case the weekly compensation shall be equal to the app-based-delivery driver’s average weekly wage. Payments under this paragraph shall be made for up to the first 156 weeks following the injury; (3) For the benefit of spouses, children, or other dependents of app-based-delivery drivers, accidental death insurance in the amount equal to 66 per cent of the app-based-delivery driver’s average weekly earnings from all delivery network companies as of the date of injury but not more than the maximum weekly compensation rate, unless the average weekly wage of the app-based-delivery driver is less than the minimum weekly compensation rate, in which case the weekly compensation shall be equal to the app-based-delivery driver’s average weekly wage, times 156 weeks for injuries suffered by an app-based-delivery driver while the app-based-delivery driver is engaged on the delivery network company’s online-enabled application or platform that result in death.
(d) If an accident is covered by occupational accident insurance maintained by more than one delivery network company, the insurer of the delivery network company against whom a claim is filed is entitled to contribution for the pro-rata share of coverage attributable to one or more other delivery network companies up to the coverages and limits in subdivision (c).
(e) For purposes of this section, an app-based-delivery driver is engaged on a delivery network company’s platform from when the app-based-delivery driver accepts a delivery request to when the app-based-delivery driver completes that delivery request.
(f) Any benefits provided to an app-based-delivery driver under subsection (a) or subsection (c) of this section shall be considered amounts payable under a driver’s compensation law or disability benefit for the purpose of determining amounts payable under any insurance provided under section 113L of chapter 175 or under any personal injury protection coverage, as defined in section 34A of chapter 90.
SECTION 3. The General Laws, as appearing in the 2020 Official Edition, are hereby
amended by inserting after chapter 175O the following chapter:
CHAPTER 175P
AUTOMOBILE INSURANCE FOR DELIVERY NETWORK COMPANIES AND DRIVERS
Section 1. For the purposes of this chapter, the following words shall have the following meanings:-
"App-based-delivery driver”, has the same meaning as provided in section 2 of Chapter 175N.
“Delivery network company”, has the same meaning as provided in section 2 of Chapter 175N.
“Delivery services,” has the same meaning as provided in section 2 of Chapter 175N.
“Delivery service period”, means the period: (a) beginning when an app-based-delivery driver starts operating a personal vehicle enroute to pick up any item or items for a delivery or series of deliveries as documented via a digital network controlled by a delivery network company, (b) continuing while the app-based-delivery driver transports the item or items, and (c) ending upon delivery of the requested item or items to (i) the customer or the last customer in a series of deliveries, or (ii) a location designated by the delivery network company, including for purposes of returning the item or items.
“Digital network” means any online-enabled application, software, website, or system offered or utilized by a delivery network company that enables deliveries with app-based-delivery drivers.
“Personal vehicle” means a vehicle that is: (a) used by an app-based-delivery driver to provide delivery services via a digital network, and (b) owned, leased, or otherwise authorized for use by the app-based-delivery driver.
Section 2. (a) A delivery network company shall ensure that, during the delivery service period, primary automobile liability insurance is in place that recognizes that the driver is an app-based-delivery driver or that does not exclude coverage for use of a personal vehicle to provide deliveries.
(b) During the delivery service period, the app-based-delivery driver, delivery network company, or any combination of the two shall maintain automobile insurance that insures the driver for liability to third parties of not less than $50,000 for damages arising out of bodily injury sustained by any one person in an accident, of not less than $100,000 for damages arising out of bodily injury sustained by all persons injured in an accident, and of not less than $25,000 for all damages arising out of damage to or destruction of property in an accident, uninsured motorist coverage, to the extent required by section 113L of chapter 175, and personal injury protection, to the extent required by section 34A of chapter 90.
(c) If the insurance coverage maintained by an app-based-delivery driver pursuant to subsections (a) and (b) of this section has lapsed or does not provide the required coverage, insurance maintained by the delivery network company shall provide the coverage required by subsections (a) and (b) of this section beginning with the first dollar of a claim and the insurance maintained by the delivery network company shall have the duty to defend the claim.
(d) Coverage under an automobile insurance policy maintained by the delivery network company shall not be dependent upon another motor vehicle liability insurer first denying a claim, nor shall another motor vehicle liability insurance policy be required to first deny a claim.
(e) Insurance coverage required by this section may be obtained from an insurance company duly licensed to transact business under the insurance laws of this State or by an eligible surplus lines broker under section 168 of chapter 175.
(f) The coverage required pursuant to subsections (a) and (b) of this section shall be deemed to satisfy the financial responsibility requirement for a motor vehicle established by section 34A of chapter 90 and section 113L of chapter 175.
SECTION 4. Section 2 of chapter 62 of the General Laws, as appearing in the 2020
Official Edition, is hereby amended by inserting after paragraph (1)(Q) of subsection (a)
the following subparagraph:-
(R) Any amount contributed to a portable benefit account by a delivery network company for an eligible driver under subsection (a) of section 3 of Chapter 175N.
SECTION 5. Section 3 of Chapter 62 of the General Laws, as appearing in the 2020
Official Edition, is hereby amended by inserting after paragraph (19) of subsection (a) the
following paragraph:-
(20) An amount equal to the total contributions elected by an eligible driver under subsection (c) of section 3 of Chapter 175N.
SECTION 6. Section 148B of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (e) the following
subsections: -
(f) Notwithstanding subsection (a), for the purpose of this chapter and chapter 151, and all other purposes, an app-based-delivery driver is an independent contractor and not an employee with respect to his or her relationship with a delivery network company so long as: (1) the delivery network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based-delivery driver must be logged into the delivery network company’s online-enabled application or platform; (2) the delivery network company may not terminate the contract of the app-based-delivery driver for not accepting a delivery service request; (3) the delivery network company does not restrict the app-based-delivery driver from performing services through other delivery network companies except while performing services through the delivery network company’s online-enabled application or platform; and (4) the delivery network company does not restrict the app-based-delivery driver from working in any other lawful occupation or business.
(g) For purposes of subsection (f), the following words shall have the following meanings:
“App-based-delivery driver”, has the same meaning as provided in section 2 of Chapter 175N.
“Delivery network company”, has the same meaning as provided in section 2 of Chapter 175N.
SECTION 7. Severability. (a) In accordance with section 6 of chapter 4, if any section or subsection of this act or its application to any person or circumstance is adjudged unconstitutional or invalid, such judgment shall not affect other provisions or applications of this act, which can be given effect without the invalid provision or application.
(b) Notwithstanding subsection (a), if Section 6 of this act is for any reason held to be invalid in its entirety by a decision of any court of competent jurisdiction, that decision shall apply to the entirety of the remaining provisions of this act, and no provision of this act shall be deemed valid or given force of law.
SECTION 8. Preemption. Jurisdiction in all matters concerning delivery network companies and app-based-delivery drivers is vested exclusively in the state. Notwithstanding any other provision of law, no municipality or other local entity shall establish or enforce any provision of law concerning delivery network companies or app-based-delivery drivers. Any provision of any local law or ordinance that on its face or as applied regulates delivery network companies or app-based-delivery drivers shall be preempted.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to modernize the Massachusetts insurer’s insolvency fund
|
H962
|
HD3485
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T13:03:54.247'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T13:03:54.2466667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H962/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 962) of Daniel Cahill relative to the Massachusetts insurer’s insolvency fund. Financial Services.
|
SECTION 1. Said Chapter 175D is hereby amended by striking out Section 1, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 1. Application of the Chapter.
This Chapter shall apply to all kinds of direct insurance, including “cybersecurity insurance” that provides first and third party coverage, in a policy or endorsement, written on a direct, admitted basis, providing indemnity for losses and loss mitigation arising out of or relating to data privacy breaches, unauthorized information network security intrusions, computer viruses, ransomware, cyber extortion, identity theft, and similar exposures. This chapter shall not be applicable to the following:
A. Life, annuity, health, accident, or disability insurance;
B. Mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;
C. Fidelity or surety bonds, or any other bonding obligations;
D. Credit insurance, vendors’ single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;
E. Insurance of warranties or service contracts including insurance that provides for the repair, replacement or service of goods or property, indemnification for repair, replacement or service for the operational or structural failure of the goods or property due to a defect in materials, workmanship or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits;
F. Title insurance;
G. Ocean marine insurance;
H. Any transaction or combination of transactions between a person (including affiliates of such person) and an insurer (including affiliates of such insurer) which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or
I. Any insurance provided by or guaranteed by government.
SECTION 2. Said Chapter 175D is hereby amended by striking out Section 2, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 2. Definitions
As used in this Chapter:
A. “Affiliate” means a person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer.
B. “Fund” means the Massachusetts Insurers Insolvency Fund established as provided by Section 3.
C. “Association similar to the Fund” means any guaranty association, security fund or other insolvency mechanism that affords protection similar to that of the Fund. The term shall also include any property and casualty insolvency mechanism that obtains assessments or other contributions from insurers on a pre-insolvency basis.
D. “Claimant” means any person instituting a covered claim, provided that no person who is an affiliate of the insolvent insurer may be a claimant.
E. “Commissioner” means the Massachusetts Commissioner of Insurance.
F. “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or non-management services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, ten percent (10%) or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact.
G. “Covered claim” means the following:
(1) An unpaid claim, including one for unearned premiums, submitted by a claimant, which arises out of and is within the coverage and is subject to the applicable limits of an insurance policy to which this Chapter applies issued by a member insurer, if the insurer becomes an insolvent insurer after the effective date of this Chapter and:
(a) The claimant or insured is a resident of the Commonwealth at the time of the insured event, provided that for entities other than an individual, the residence of a claimant, insured or policyholder its principal place of business is located in the Commonwealth at the time of the insured event; or
(b) The claim is a first party claim for damage to property with a permanent location in the Commonwealth.
(2) Except as provided elsewhere in this Chapter, “covered claim” shall not include:
(a) Any amount awarded as punitive or exemplary damages;
(b) Any amount sought as a return of premium under any retrospective rating plan;
(c) Any amount due any reinsurer, insurer, insurance pool or underwriting association, health maintenance organization, hospital plan corporation, professional health service corporation or self-insurer as subrogation recoveries, reinsurance recoveries, contribution, indemnification or otherwise. No claim for any amount due any reinsurer, insurer, insurance pool, underwriting association, health maintenance organization, hospital plan corporation, professional health service corporation or self-insurer may be asserted against a person insured under a policy issued by an insolvent insurer other than to the extent the claim exceeds the association obligation limitations set forth in Section 5 of this Chapter;
(d) Any claims excluded pursuant to Section 10 due to the high net worth of an insured;
(e) Any first party claims by an insured that is an affiliate of the insolvent insurer;
(f) Any fee or other amount relating to goods or services sought by or on behalf of any attorney or other provider of goods or services retained by the insolvent insurer or an insured prior to the date it was determined to be insolvent;
(g) Any fee or other amount sought by or on behalf of any attorney or other provider of goods or services retained by any insured or claimant in connection with the assertion or prosecution of any claim, covered or otherwise, against the Fund;
(h) Any claims for interest; or
(i) Any claim filed with the Fund or a liquidator for protection afforded under the insured’s policy for incurred-but-not-reported losses.
H. “Insolvent insurer” means an insurer that is licensed to transact insurance in the Commonwealth, either at the time the policy was issued, or when the insured event occurred, and against whom a final order of liquidation, which has not been stayed and to which there is no further right of appeal has been entered with a finding of insolvency by a court of competent jurisdiction in the insurer’s state of domicile after the effective date of this Chapter.
I. “Insured” means any named insured, any additional insured, any vendor, lessor or any other party identified as an insured under the policy.
J. (1) “Member insurer” means any person, except as provided in the ninth paragraph of section six of chapter three hundred and sixty-two of the acts of nineteen hundred and seventy-five, who:
(a) Writes any kind of insurance to which this Chapter applies under Section 1, including the exchange of reciprocal or inter-insurance contracts; and
(b) Is licensed to transact insurance in the Commonwealth.
(2) An insurer shall cease to be a member insurer in the Fund effective on the day following the termination or expiration of its license to transact the kinds of insurance to which this Chapter applies, however, the insurer shall remain liable as a member insurer for any and all obligations, including obligations for assessments levied prior to the termination or expiration of the insurer’s license and assessments levied after the termination or expiration, which relate to any insurer that became an insolvent insurer prior to the termination or expiration of the insurer’s license.
K. “Net direct written premiums” means direct gross premiums written in the commonwealth on insurance policies to which this Chapter applies, including policy and membership fees, less return premiums thereon, and dividends paid or credited to policy holders on such direct business. Premiums written by any insurer on policies issued to self-insurers, whether or not designated reinsurance contracts, shall be deemed net direct written premiums. For workers' compensation policies issued with deductibles under paragraph (4) of section 25A of chapter 152, net direct written premiums shall be deemed to be an amount equal to standard premium plus any applicable all risk adjustment program amounts. “Net direct written premiums” does not include premiums on contracts between insurers or reinsurers.
L. “Novation” means a transaction whereby existing policy obligations became the direct obligations of another insurer through consent of the policyholder and that thereafter the ceding insurer or entity initially obligated under the claims or policies is released by the policyholder from performing its claim or policy obligations. Consent may be express or implied based upon the circumstances, notice provided and conduct of the parties.
M. “Person” means any individual, aggregation of individuals, corporation, partnership or other legal entity, including governmental entities.
N. “Receiver” means liquidator, rehabilitator, conservator or ancillary receiver, as the context requires, including but not limited to any receiver appointed pursuant to Chapter 175:180(c).
O. “Self-insurer” means a person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance
SECTION 3. Section 3 of said Chapter 175D as appears in General Law of 2022 Official Edition is hereby amended by striking the word “six” and inserting in place thereof the word “four.”
SECTION 4. Said Chapter 175D is hereby amended by striking out Section 4, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 4. Board of Directors
A. The board of directors of the Fund shall consist of not less than five (5) nor more than nine (9) persons serving terms as established in the plan of operation. The insurer members of the board shall be selected by member insurers subject to the approval of the Commissioner; provided, however, that one member of the board shall be appointed by the Commissioner as representative of the insurance producers. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining insurer members subject to the approval of the Commissioner. For the purposes of this Section, the term “director” shall mean an individual serving on behalf of an insurer member of the board of directors or an insurance producer representative on the board of directors.
B. In approving selections to the board, the Commissioner shall consider among other things whether all member insurers are fairly represented.
C. Members of the board of directors may be reimbursed from the assets of the Fund for reasonable expenses incurred by them as members of the board of directors.
D. Any board member who is an insurer in receivership shall be terminated as a board member, effective as of the date of the entry of the order of receivership. Any resulting vacancies on the board shall be filled for the remaining period of the term in accordance with the provisions of Subsection A.
E. In the event that a director shall, because of illness, nonattendance at meetings or any other reason, be deemed unable to satisfactorily perform the designated functions as a director by missing three consecutive board meetings, the board of directors may declare the office vacant and the member or director shall be replaced in accordance with the provisions of Subsection A.
F. If the Commissioner has reasonable cause to believe that a director failed to disclose a known conflict of interest with his or her duties on the board, failed to take appropriate action based on a known conflict of interest with his or her duties on the board, or has been indicted or charged with a felony, or misdemeanor involving moral turpitude, the Commissioner may suspend that director pending the outcome of an investigation or hearing by the Commissioner or the conclusion of any criminal proceedings. A company elected to the board may replace a suspended director prior to the completion of an investigation, hearing or criminal proceeding. In the event that the allegations are substantiated at the conclusion of an investigation, hearing or criminal proceeding, the office shall be declared vacant and the member or director shall be replaced in accordance with the provisions of Subsection A.
SECTION 5. Said Chapter 175D is hereby amended by striking out Section 5, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 5. Powers and Duties of the Fund
A. The Fund shall:
(1) (a) Be obligated to pay covered claims existing prior to the order of liquidation, arising within thirty (30) days after the order of liquidation, or before the policy expiration date if less than thirty (30) days after the order of liquidation, or before the insured replaces the policy or causes its cancellation, if the insured does so within thirty (30) days of the order of liquidation. The obligation shall be satisfied by paying to the claimant an amount as follows:
(i) The full amount of a covered claim for benefits under a workers’ compensation insurance coverage;
(ii) For liquidations commending after January 1, 2023, an amount not exceeding $50,000 per policy for a covered claim for the return of unearned premium;
(iii) For liquidations commencing after January 1, 2023, an amount not exceeding $500,000 per claimant for all other covered claims.
(iv) For liquidations commencing after January 1, 2023, an amount not exceeding $1,000,000 for all first party property loss claims arising from a single occurrence under a policy covering commercial or residential property.
(b) In no event shall the Fund be obligated to pay an amount in excess of $500,000 for all first- and third-party claims under a policy or endorsement providing or that is found to provide cybersecurity insurance coverage and arising out of or related to a single insured event, regardless of the number of claims made or the number of claimants.
(c) In no event shall the Fund be obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. Notwithstanding any other provisions of this Chapter, for liquidations commencing after January 1, 2023, a covered claim shall not include a claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer.`
For the purpose of filing a claim under this Subsection, notice of claims to the liquidator of the insolvent insurer shall be deemed notice to the Fund or its agent and a list of claims shall be periodically submitted to the Fund or association similar to the Fund in another state by the liquidator.
(d) Any obligation of the Fund to defend an insured shall cease upon the Fund’s payment or tender of an amount equal to the lesser of the Fund’s covered claim obligation limit or the applicable policy limit.
(2) Be deemed the insurer to the extent of its obligation on the covered claims and to that extent, subject to the limitations provided in this Chapter including but not limited to Section 15, shall have all rights, duties and policy obligations of the insolvent insurer as if the insurer had not become insolvent, including but not limited to, the right to pursue and retain salvage and subrogation recoverable on covered claim obligations to the extent paid by the Fund. The Fund shall not be deemed the insolvent insurer for the purpose of conferring jurisdiction or for any reason not expressly stated in this Chapter. The extent of the Fund's subrogation rights and any other rights of reimbursement with respect to its covered claims payments shall not be limited as if the Fund were the insolvent company, but shall be determined independently by taking into account the Fund's rights under Section 11 of this Chapter.
(3) Assess insurers amounts necessary to pay the obligations of the Fund under Subsection A(1) subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency and other expenses authorized by this Chapter. The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the calendar year preceding the assessment bears to the net direct written premiums of all member insurers for the calendar year preceding the assessment. Each member insurer shall be notified of the assessment not later than thirty (30) days before it is due. A member insurer may not be assessed in any one year on any account an amount greater than two percent (2%) of that member insurer’s net direct written premiums for the calendar year preceding the assessment. Member insurers may be also subject to a an additional assessment determined by the Board, not to exceed $1000 in any one year, for the purpose of covering administrative and other expenses of the Fund. If the maximum assessment, together with the other assets of the Fund, does not provide in any one year an amount sufficient to make all necessary payments, the Fund’s available assets shall be pro-rated and the unpaid portion shall be paid as soon thereafter as additional assets become available. The Fund shall pay claims in any order which it may deem reasonable, including the payment of claims as such are received from the claimants or in groups or categories of claims. The Fund may exempt or defer, in whole or in part, the assessment of a member insurer, if the assessment would cause the member insurer’s financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by a jurisdiction in which the member insurer is authorized to transact insurance. However, during the period of deferment no dividends shall be paid to shareholders or policyholders. Deferred assessments shall be paid when the payment will not reduce capital or surplus below required minimums. Payments shall be refunded to those companies receiving larger assessments by virtue of such deferment, or at the election of the company, credited against future assessments.
(4) Investigate claims brought against the Fund and adjust, compromise, settle and pay covered claims to the extent of the Fund’s obligation and deny all other claims. The Fund shall pay claims in any order that it may deem reasonable, including the payment of claims as they are received from the claimants or in groups or categories of claims. The Fund shall have the right to appoint, to substitute, and to direct legal counsel for the defense of covered claims.
(5) Notify claimants in the Commonweath as deemed necessary by the Commissioner and upon the Commissioner’s request, to the extent records are available to the Fund.
(6) (a) Have the right to review and contest as set forth in this Subsection settlements, releases, compromises, waivers and judgments to which the insolvent insurer or its insureds were parties prior to the entry of the order of liquidation. In an action to enforce settlements, releases and judgments to which the insolvent insurer or its insureds were parties prior to the entry of the order of liquidation, the Fund shall have the right to assert the following defenses, in addition to the defenses available to the insurer:
(i) The Fund is not bound by a settlement, release, compromise or waiver executed by an insured or the insurer, or any judgment entered against an insured or the insurer by consent or through a failure to exhaust all appeals, if the settlement, release, compromise, waiver or judgment was:
(I) Executed or entered within 12 months prior to the entry of an order of liquidation; or
(II) Executed by or taken against an insured or the insurer based on default, fraud, collusion or the insurer’s failure to defend.
(ii) If a court of competent jurisdiction finds that the Fund is not bound by a settlement, release, compromise, waiver or judgment for any of the reasons described in Subparagraph (a) (i) or any other legally sufficient reason, the settlement, release, compromise, waiver or judgment shall be set aside, and the Fund shall be permitted to defend any covered claim on the merits. The settlement, release, compromise, waiver or judgment may not be considered as evidence of liability or damages in connection with any claim brought against the Fund or any other party under this Chapter.
(iii) The Fund shall have the right to assert any statutory defenses or rights of offset against any settlement, release, compromise or waiver executed by an insured or the insurer, or any judgment taken against the insured or the insurer.
(b) As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend, the Fund, either on its own behalf or on behalf of an insured may apply to have the judgment, order, decision, verdict or finding set aside by the same court or administrator that entered the judgment, order, decision, verdict or finding and such judgement shall be vacated and the Fund shall be permitted to defend the claim on the merits.
(7) Handle claims through its own employees, one or more insurers, or other persons designated as servicing facilities, which may include the receiver for the insolvent insurer. Designation of a servicing facility is subject to the approval of the Commissioner, but the designation may be declined by a member insurer.
(8) Reimburse each servicing facility for obligations of the Fund paid by the facility and for expenses incurred by the facility while handling claims on behalf of the Fund and shall pay the other expenses of the Fund authorized by this Chapter.
(9) Submit, not later than 90 days after the end of the Fund’s fiscal year, a financial report for the preceding fiscal year in a form approved by the Commissioner.
B. The Fund may:
(1) Employ or retain persons as are necessary to handle claims, provide covered policy benefits, and perform other duties of the Fund;
(2) Borrow funds necessary to effect the purposes of this Chapter in accordance with the plan of operation. The board of directors shall have the authority to pledge all or an appropriate portion of future assessments as necessary to secure a loan that may be needed to pay covered claims. Until all loans secured by any pledged assessments are fully satisfied, the board of directors shall assess the maximum allowable under Section 5 (a) (3).
(3) Sue or be sued, including but not limited to take any legal action to collect unpaid assessments from member insurers, any amounts due for subrogation or salvage, other insurance recoveries, large deductible reimbursements or to recovery any amount due from a high net worth policyholder. The Fund’s power to sue includes, but is not limited to, the power and right to intervene as a party to the proceedings before any court that has jurisdiction over an insolvent insurer when the Fund is a creditor or potential creditor of the insolvent insurer’s estate;
(4) Negotiate and become a party to contracts necessary to carry out the purpose of this Chapter;
(5) Perform other acts necessary or proper to effectuate the purpose of this Chapter;
(6) Refund to the member insurers in proportion to the contribution of each member insurer that amount by which the assets of the Fund exceed the liabilities, if at the end of any calendar year, the board of directors finds that the assets of the Fund exceed the reasonable amounts the board determines are appropriate to assure that the Fund has sufficient capacity to fulfill its statutory duties.
C. Suits involving the Fund:
(1) Except for actions by the receiver, all actions relating to or arising out of this Chapter against the Fund shall be brought in the courts in the Commonwealth. The courts shall have exclusive jurisdiction over all actions relating to or arising out of this Chapter against the Fund.
(2) The exclusive venue in any action by or against the Fund is in the Business Litigation Section of the Superior Court for Suffolk County, in Boston, Massachusetts. The Fund may, at its option, waive this venue as to specific actions filed by or against it.
SECTION 6. Said Chapter 175D is hereby amended by striking out Section 6, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 6. Plan of Operation
A.
(1) The Fund shall submit to the Commissioner a plan of operation and any amendments to the plan of operation necessary or suitable to assure the fair, reasonable and equitable administration of the Fund. The plan of operation and amendments shall become effective upon approval in writing by the Commissioner.
(2) If the Fund fails to submit a suitable plan of operation within ninety (90) days following the effective date of this Chapter, or if at any time thereafter the Fund fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt reasonable rules necessary or advisable to effectuate the provisions of this Act. The rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the Fund and approved by the Commissioner.
B. All member insurers shall comply with the plan of operation.
C. The plan of operation shall:
(1) Establish the procedures under which the powers and duties of the Fund under Section 5 will be performed;
(2) Establish procedures for handling assets of the Fund;
(3) Require that written procedures be established for the disposition of liquidating dividends or other monies received from the estate of the insolvent insurer;
(4) Require that written procedures be established to designate the amount and method of reimbursing members of the board of directors under Section 4;
(5) Establish procedures by which claims may be filed with the Fund and establish acceptable forms of proof of covered claims;
(6) Establish regular places and times for meetings of the board of directors;
(7) Require that written procedures be established for records to be kept of all financial transactions of the Fund, its agents and the board of directors;
(8) Provide that any member insurer aggrieved by any final action or decision of the Fund may appeal to the Commissioner within thirty (30) days after the action or decision;
(9) Establish the procedures under which selections for the board of directors will be submitted to the Commissioner;
(10) Contain additional provisions necessary or proper for the execution of the powers and duties of the Fund.
D. The plan of operation may provide that any or all powers and duties of the Fund, except those under Sections 5A(3) and 5B(2), are delegated to a corporation, association similar to the Fund or other organization which performs or will perform functions similar to those of this Fund or its equivalent in two (2) or more states. The corporation, association similar to the Fund or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other functions of the Fund. A delegation under this Subsection shall take effect only with the approval of both the board of directors and the Commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this Chapter.
SECTION 7. Said Chapter 175D is hereby amended by striking out Section 7, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 7. Authority of the Commissioner.
A. The Commissioner shall:
(1) Notify the Fund of the existence of an insolvent insurer not later than three (3) days after the Commissioner receives notice of the determination of the insolvency and furnish to the Fund a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time that the complaint is filed with a court of competent jurisdiction;
(2) Provide the Fund with a statement of the net direct written premiums of each member insurer upon request of the board of directors.
B. The Commissioner may:
(1) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the Commonwealth of a member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a fine on a member insurer that fails to pay an assessment when due. The fine shall not exceed five percent (5%) of the unpaid assessment per month, except that a fine shall not be less than $200 per month;
(2) Revoke the designation of a servicing facility if the Commissioner finds claims are being handled unsatisfactorily.
(3) Examine, audit, or otherwise regulate the Fund in accordance with the Commissioner’s authority under Section 4 of Chapter 175 of the General Laws as if it were a “domestic company.”
An order of the Commissioner under this Chapter shall be subject to a public hearing and further judicial review in Superior Court.
SECTION 8. Said Chapter 175D is hereby amended by striking out Section 8, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 8. Coordination among Guaranty Funds.
A. The Fund may join one or more organizations of other state associations of similar purposes, to further the purposes and administer the powers and duties of the Fund. The Fund may designate one or more of these organizations to act as a liaison for the Fund and, to the extent the Fund authorizes, to bind the Fund in agreements or settlements with receivers of insolvent insurance companies or their designated representatives.
B. The Fund, in cooperation with other obligated or potentially obligated guaranty associations, or their designated representatives, shall reasonably coordinate and cooperate with receivers and regulators, or their designated representatives, in the Commonwealth and other states to promote efficiency and uniformity, including the use of Uniform Data Standards as promulgated or approved by the National Association of Insurance Commissioners. The Fund may also authorize receivers to collect on its behalf amounts due to the Fund from policyholders and others persons.
SECTION 9. Said Chapter 175D is hereby amended by striking out Section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 9. Effect of Paid Claims
A. Any person recovering under this Chapter shall be deemed to have assigned any rights under the policy to the Fund to the extent of his or her recovery from the Fund, but shall retain the right to recover from the liquidator of the insolvent insurer any amount of the claim covered by the policy but not paid by the Fund. Every insured or claimant seeking the protection of this Chapter shall cooperate with the Fund to the same extent as the person would have been required to cooperate with the insolvent insurer. The Fund shall have no cause of action against the insured of the insolvent insurer for sums it has paid out except any causes of action as the insolvent insurer would have had if the sums had been paid by the insolvent insurer (including but not limited to large deductible reimbursements provided in the policy) and except as provided in Subsection B and in Section 10.
B. The Fund shall have the right to recover from any person who is an affiliate of the insolvent insurer all amounts paid by the Fund on behalf of that person pursuant to the Chapter, whether for indemnity, defense or otherwise.
C. The Fund and any association similar to the Fund in another state shall be entitled to file a claim in the liquidation of an insolvent insurer for any amounts paid by them on covered claim obligations as determined under this Chapter or similar laws in other States and shall receive dividends and other distributions at the priority set forth in Section 180F of Part One, Title XXII, Chapter 175 of the General Laws.
D. The Fund shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Fund and estimates of anticipated claims on the Fund which shall preserve the rights of the Fund against the assets of the insolvent insurer in the Commonwealth and other tates and jurisdictions.
E. The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by settlements of claims by the Fund and shall grant, against the assets of the insolvent insurer, priority equal to that which the claimant would have been entitled in the absence of this chapter.
SECTION 10. Said Chapter 175D is hereby amended by striking out Section 10, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 10. High Net Worth Exclusion; Payment of Claims; Financial Information
A. For the purposes of this Section, “high net worth insured” shall mean any insured whose net worth exceeds $25 million on December 31 of the year prior to the year in which the insurer becomes an insolvent insurer; provided that an insured’s net worth on that date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis. "High net worth insured" shall not include a federal, state or local government entity. The exemptions provided in this Section shall apply to all liquidations commencing on or after the effective date of this Act.
B. (1) The Fund shall not be obligated to pay any first party claims by a high net worth insured.
(2) Subject to Paragraph (3), the Fund shall not be obligated to pay any third party claim relating to a policy of a high net worth insured. This exclusion shall not apply to third party claims against the high net worth insured where:
(a) The insured has applied for or consented to the appointment of a receiver, trustee or liquidator for all or a substantial part of its assets;
(b) The insured has filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law; or
(c) An order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets.
(3) In the Fund’s sole discretion and without assuming a duty to do so, the Fund may pay any cybersecurity insurance claims, workers’ compensation claims, personal injury protection claims, no-fault claims and any other claims for ongoing medical payments to third party claimants or their providers when covered by a policy of an insolvent insured on behalf of a high net worth insured, as defined by paragraph A. of this Section.
(4) In all cases where the Fund pays any claim on behalf of a high net worth insured as defined by paragraph A. of this Section, the Fund shall have the right to recover from a high net worth insured all amounts paid by the Fund to or on behalf of such insured, whether for indemnity, defense or otherwise, as well as all allocated adjustment expenses related to such claims, and the Fund’s reasonable legal fees and court costs in any action necessary to collect the Fund’s reimbursement under this Section.
C. The Fund shall not be obligated to pay any claim that would otherwise be a covered claim that is an obligation to or on behalf of a person who has a net worth greater than that allowed by the insurance guaranty association law of the state of residence of the claimant at the time specified by that state’s applicable law, and which association has denied coverage to that claimant on that basis.
D. The Fund shall establish reasonable procedures subject to the approval of the Commissioner for requesting financial information from insureds on a confidential basis for purposes of applying this Section, provided that the financial information may be shared with any other association similar to the Fund and the liquidator for the insolvent insurer on the same confidential basis. Any request to an insured seeking financial information must advise the insured of the consequences of failing to provide the financial information. If an insured refuses to provide the requested financial information where it is requested and available, the Fund may, until such time as the information is provided, provisionally deem the insured to be a high net worth insured for the purpose of denying a claim under Subsection B.
E. In any lawsuit contesting the applicability of this Section where the insured has refused to provide financial information under the procedure established pursuant to Subsection D, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the Fund its full costs, expenses and reasonable attorneys’ fees in contesting the claim.
SECTION 11. Said Chapter 175D is hereby amended by striking out Section 11, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 11. Exhaustion of Other Coverage.
A. (1) Any person having a claim against an insurer, shall be required first to exhaust all coverage provided by any other policy, including the right to a defense under the other policy, if the claim under the other policy arises from the same facts, injury or loss that gave rise to the covered claim against the Fund. The requirement to exhaust shall apply without regard to whether the other insurance policy is a policy written by a member insurer. However, no person shall be required to exhaust any right under the policy of an insolvent insurer or any right under a life insurance policy. If the Fund pays a covered claim without the exhaustion of all other coverage that could have been exhausted under this Section, the Fund shall have an independent right of recovery against each insurer whose coverage was not exhausted in the amount the Fund would not have had to pay if that insurer's coverage had been exhausted first.
(2) Any amount payable on a covered claim under this Chapter shall be reduced by the full applicable limits stated in the other insurance policy, or by the amount of the recovery under the other insurance policy as provided herein. The Fund shall receive a full credit for the stated limits, unless the claimant demonstrates that the claimant used reasonable efforts to exhaust all coverage and limits applicable under the other insurance policy. If the claimant demonstrates that the claimant used reasonable efforts to exhaust all coverage and limits applicable under the other insurance policy, or if there are no applicable stated limits under the policy, the Fund shall receive a full credit for the total recovery.
(a) The credit shall be deducted from the lesser of:
(i) The Fund’s covered claim limit in Section 5 of this Chapter;
(ii) The amount of the judgment or settlement of the claim; or
(iii) The policy limits of the policy of the insolvent insurer.
(b) In no case, however, shall the obligation of the association exceed the covered claim limit embodied in Section 5 of this Chapter.
(3) Except to the extent that the claimant has a contractual right to claim defense under an insurance policy issued by another insurer, nothing in this Section shall relieve the Fund of the duty to defend under the policy issued by the insolvent insurer. This duty shall, however, be limited by any other limitation on the duty to defend embodied in this Chapter.
(4) A claim under a policy providing liability coverage to a person who may be jointly and severally liable as a joint tortfeasor with the person covered under the policy of the insolvent insurer that gives rise to the covered claim shall be considered to be a claim arising from the same facts, injury or loss that gave rise to the covered claim against the Fund.
(5) For purposes of this section, a claim under an insurance policy other than a life insurance policy shall include, but is not limited to:
(a) A claim against a health maintenance organization, a hospital plan corporation, a professional health service corporation or disability insurance policy; and
(b) Any amount payable by or on behalf of a self-insurer.
(6) The person insured by the insolvent insurer’s policy may not be pursued by or found liable to a third-party claimant for any amount paid to the third party by which the Fund’s obligation is reduced by the application of this Section.
B. Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property. If it is a workers’ compensation claim, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this Chapter shall be reduced by the amount of recovery from another insurance guaranty association or its equivalent.
SECTION 12. Said Chapter 175D is hereby amended by striking out Section 12, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 12. Prevention of Insolvencies
To aid in the detection and prevention of insurer insolvencies:
A. The board of directors may, upon majority vote, make recommendations to the Commissioner on matters generally related to improving or enhancing regulation for solvency.
B. At the conclusion of any domestic insurer insolvency in which the Fund was obligated to pay covered claims, the board of directors may, upon majority vote, prepare a report on the history and causes of the insolvency, based on the information available to the Fund and submit the report to the Commissioner.
C. Reports and recommendations provided under this Section shall not be considered public documents.
SECTION 13. Said Chapter 175D is hereby amended by striking out Section 13, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 13. Exemption from Taxes and Fees.
The association shall be exempt from payment of all fees and all taxes levied by the Commonwealth or any of its subdivisions except taxes levied on real or personal property.
SECTION 14. Said Chapter 175D is hereby amended by striking out Section 14, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 14. Recoupment of Assessments
The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup over a reasonable length of time a sum equal to the amounts paid to the Fund by the insurer less any amounts returned to the insurer by the Fund.
SECTION 15. Said Chapter 175D is hereby amended by striking out Section 15, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 15. Immunity
There shall be no liability on the part of, and no cause of action of any nature shall arise against a member insurer, the Fund or its agents or employees, the board of directors, or any person serving as an alternate or substitute representative of any director, or the Commissioner or the Commissioner’s representatives for any action taken or any failure to act by them in the performance of their powers and duties under this Chapter.
SECTION 16. Said Chapter 175D is hereby amended by striking out Section 16, as appearing in the 2022 Official Edition, and inserting in place thereof the following Section:
Section 16. Stay of Proceedings
All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in the Commonwealth shall, subject to waiver by the Fund in specific cases involving covered claims, be stayed for six (6) months and such additional time as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the Commonwealth, whichever is later, to permit proper defense by the Fund of all pending causes of action.
The liquidator, receiver or statutory successor of an insolvent insurer covered by this Chapter shall permit access by the board or its authorized representative to such of the insolvent insurer’s records which are necessary for the board in carrying out its functions under this Chapter with regard to covered claims. In addition, the liquidator, receiver or statutory successor shall provide the board or its representative with copies of those records upon the request by the board and at the expense of the board.
SECTION 17. Said Chapter 175D is hereby amended to inserting after Section 16 the following Sections:
Section 17. Restructuring Transactions and Preservation of Fund Coverage
A. Notwithstanding any other provision in this Chapter, an insurance policy issued by a member insurer and later allocated, transferred, assumed by or otherwise made the sole responsibility of another insurer, pursuant to a state statute providing for the division of an insurance company or the statutory assumption or transfer of designated policies and under which there is no remaining obligation to the transferring entity by court order or novation, shall be considered to have been issued by a member insurer which is an Insolvent Insurer for the purposes of this Chapter in the event that the insurer to which the policy has been allocated, transferred, assumed or otherwise made the sole responsibility of is placed in liquidation.
B. An insurance policy that was issued by a non-member insurer and later allocated, transferred, assumed by or otherwise made the sole responsibility of a member insurer under a state statute described in Subsection A or by novation shall not be considered to have been issued by a member insurer for the purposes of this Chapter.
Section 18. Recovery of Essential Information
The Fund shall also have the power to bring an action against any third party administrator, agent, attorney or other representative of the insolvent insurer to obtain custody and control of all files, records, and electronic data (“claims information”) related to an insolvent company that are appropriate or necessary for the Fund, or a similar association in other states, to carry out its duties under this Chapter. In such a suit, the Fund shall have the absolute right through emergency equitable relief to obtain custody and control of all such claims information in the custody or control of such third party administrator, agent, attorney or other representative of the insolvent insurer, regardless of where such claims information may be physically located. In bringing such an action, the Fund shall not be subject to any defense, lien (possessory or otherwise) or other legal or equitable ground whatsoever for refusal to surrender such claims information that might be asserted against the Liquidator of the insolvent insurers. To the extent that litigation is required for the Fund to obtain custody of the claims information requested and it results in the relinquishment of claims information to the Fund after refusal to provide the same in response to a written demand, the court shall award the Fund its costs, expenses and reasonable attorney’s fees incurred in bringing the action. The provisions of this Section shall have no effect on the rights and remedies that the custodian of such claims information may have against the insolvent insurers, so long as such rights and remedies do not conflict with the rights of the Fund to custody and control of the claims information under this Chapter.
Section 19. Severability.
If any provision of this Chapter or the application thereof to any claimant, company or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid application or provision, and to this end the provisions of this Chapter are declared to be severable.
Section 20. – Prohibition against advertising of membership in the Fund
No person shall make, publish or circulate, or cause to be made, published, or circulated, any statement that uses the existence of the Fund for the purposes of sale, solicitation or inducement to purchase any form of insurance within the scope of this chapter.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to costs for treatment and management of diabetes
|
H963
|
HD3172
| 193
|
{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T10:25:37.167'}
|
[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T10:25:37.1666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H963/DocumentHistoryActions
|
Bill
|
By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 963) of Peter Capano relative to costs for treatment and management of diabetes. Financial Services.
|
SECTION 1. Section 17G of chapter 32A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
SECTION 2. Section 10C of chapter 118E of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
SECTION 3. Section 47N of chapter 175 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
SECTION 4. Section 8P of chapter 176A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
SECTION 5. Section 4S of chapter 176B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
SECTION 6. Section 4H of chapter 176G of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The deductible, copayment or coinsurance or other cost-sharing requirement shall not exceed: (1) $25 for a 30-day supply of insulin; (2) $50 for a 30-day supply of prescribed oral diabetes medications that influence blood sugar levels; and (3) $100 for all other items described in this section.
|
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith limits on out-of-pocket costs for the treatment of diabetes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
|
[]
|
[]
|
[]
|
[]
|
An Act relative to ensuring treatment for genetic craniofacial conditions
|
H964
|
HD2576
| 193
|
{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T14:45:06.143'}
|
[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T14:45:06.1433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-25T16:19:06.0033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-17T11:19:02.73'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T15:19:58.47'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-23T16:39:37.3033333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-24T10:37:52.8866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T08:44:36'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T14:32:19.2433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T14:32:19.2433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-29T11:36:34.7533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-08T10:35:48.6866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H964/DocumentHistoryActions
|
Bill
|
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 964) of Daniel R. Carey and others relative to healthcare coverage for treatment for genetic craniofacial conditions. Financial Services.
|
Section 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17N as appearing in the 2014 Official Edition, the following section:-
Section 17O. Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders, with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance or any abnormal structures caused by congenital disease of anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly. Including, but not limited to, ectodermal dysplasia, dentinogenesis imperfecta, amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the commission.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10I, inserted by section 105 of chapter 46 of the acts of 2015, the following section:-
Section 10J. The division shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or for dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the division.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47GG, as appearing in the 2014 Official Edition, the following section:-
Section 47HH. The following shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly.: (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8II, as so appearing, the following section:-
Section 8JJ. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4II, as so appearing, the following section:-
Section 4JJ. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4AA, as so appearing, the following section:-
Section 4BB. Any individual or group health maintenance contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital disease or anomaly. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 7. Chapter 176I of the General Laws, as so appearing, is hereby amended by inserting after section,12, as so appearing, the following section:-
Section 13. An organization entering into a preferred provider contract shall provide coverage for medically necessary functional repair or restoration of craniofacial disorders; with the exception of coverage for cleft lip and cleft palate which is prescribed elsewhere in the General Laws, to improve the function of, or to approximate the normal appearance of any abnormal structures caused by congenital disease or anomaly. Coverage under this section shall include the necessary care and treatment of medically diagnosed congenital disease or anomaly, including, ectodermal dysplasia, dentinogenesis imperfecta, and amelogenesis imperfecta. Coverage shall not include cosmetic surgery or dental or orthodontic treatment unrelated to congenital defects, developmental deformities, trauma, tumors, infections or disease. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.
SECTION 8. This act shall apply to all policies, contracts and certificates of health insurance subject to chapters 32A, 118E, 175, 176A, 176B, 176G and 176I, of the General Laws, as so appearing, issued or renewed, except any entity to the extent it offers a policy, certificate or contract that provides coverage for dental care services or vision care services.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to create direct dental care agreements
|
H965
|
HD2856
| 193
|
{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T17:06:48.113'}
|
[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T17:06:48.1133333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H965/DocumentHistoryActions
|
Bill
|
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 965) of Daniel R. Carey relative to direct dental care agreements. Financial Services.
|
Chapter 112 of the General Laws is hereby amended by inserting after section 53 the following section:-
Section 53A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Dentist”, an individual licensed pursuant to sections 43 to 53, inclusive, to practice dentistry.
“Direct dental care”, the screening, assessment and diagnosis of oral health and disease.
“Direct dental care agreements”, an agreement for the delivery of direct dental care entered into between a dentist and patient pursuant to this section based on a periodic fee for certain services for a specified period of time, rather than a fee-for-service arrangement financed through dental insurance.
“Patient”, an individual contracting for dental care.
(b) Notwithstanding any general or special law to the contrary, a dentist and a patient may enter into a direct dental care agreement for direct dental care. A direct dental care agreement entered into pursuant to this section shall: (i) describe the services to be provided in exchange for payment of a periodic fee; (ii) specify the periodic fee required and any additional fees that may be charged; (iii) specify that the termination of the agreement shall not affect any other agreement entered into pursuant to this section; and (iv) prohibit the dentist from submitting a fee-for-service claim for payment for services covered under the agreement.
(c) A dentist that enters into a direct dental care agreement pursuant to this section shall not be considered an insurance company and shall not be subject to the oversight of the division of insurance or subsection 5 of section 52A. A direct dental care agreement entered into pursuant to this section shall not be considered an insurance product or plan and shall not be subject to the oversight of the division of insurance or said subsection 5 of section 52A.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to provide equal and fair access to affordable dental care for all patients
|
H966
|
HD2859
| 193
|
{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T17:08:09.63'}
|
[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T17:08:09.63'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H966/DocumentHistoryActions
|
Bill
|
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 966) of Daniel R. Carey for legislation to provide equal and fair access to affordable dental care for all patients. Financial Services.
|
Chapter 112 of the General Laws is hereby amended by inserting after section 53 the following section:-
Section 53A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Dental insurance company”, a dental service corporation organized under chapter 176E or some other company that offers and provides insurance coverage for dental care or services.
“Dentist”, an individual licensed pursuant to sections 43 to 53, inclusive, to practice dentistry.
“Patient”, an individual contracting for dental care.
(b) Dentists may enter into contracts with patients or other entities, including dental insurance companies, without restrictions from: (i) other dental insurance companies; or (ii) the policies or contracts between the dentist and another insurance company.
(c) A dental insurance company may not charge a fee or provide a reimbursement to a dentist for dental services rendered to a patient covered by an insurance policy offered by that dental insurance company based on the fees charged and reimbursements provided under a different policy offered by another dental insurance company, MassHealth or some other contract between any individual patient and the dentist. No dentist shall be liable to a dental insurance company for costs resulting from fees charged or reimbursements provided by that dental insurance company to the dentist for dental services rendered if the fees or reimbursements were based on the fees charged and reimbursements provided under a different policy offered by another dental insurance company, MassHealth or some other contract between any individual patient and the dentist.
| null |
[]
|
[]
|
[]
|
[]
|
An Act improving access to breast pumps
|
H967
|
HD3094
| 193
|
{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-20T09:27:24.497'}
|
[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-20T09:27:24.4966667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-15T11:23:26.5133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-17T18:22:11.3466667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-20T09:35:39.94'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-29T06:23:52.4866667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-22T14:32:37.2233333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-04-06T16:37:03.7166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-06T16:37:03.7166667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-05-23T15:11:50.33'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T14:36:06.3'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-10T10:38:21.7066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H967/DocumentHistoryActions
|
Bill
|
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 967) of Daniel R. Carey relative to healthcare coverage and access to breast pumps. Financial Services.
|
SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 31. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission, and eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) The commission shall provide to an active or retired employee of the commonwealth who is insured under the group insurance commission, and eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed by an IBCLC.
SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-
Section 10O. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ the following section:-
Section 8RR. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast pump shall be made available to the user within 24 hours of maternal hospital discharge.
(c) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after section 4QQ the following section:-
Section 4RR. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-
Section 4HH. (a) As used in this section, “multi-user breast pump” shall mean a breast pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase system or the ability to customize vacuum and cycling for each user; and (viii) is run on electricity, not batteries alone.
(b) An individual or group health maintenance contract that is issued or renewed shall provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast pump should be made available to the user within 24 hours of maternal hospital discharge.
(c) An individual or group health maintenance contract that is issued or renewed shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
(d) An individual or group health maintenance contract that is issued or renewed shall provide an individual, who is eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by provider, by an IBCLC.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring reimbursement for the costs of providing competent interpreter services
|
H968
|
HD1266
| 193
|
{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:21:35.987'}
|
[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:21:35.9866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H968/DocumentHistoryActions
|
Bill
|
By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 968) of Gerard J. Cassidy relative to the reimbursement of interpreter services incurred by certain hospitals. Financial Services.
|
Section 1. Section 13F of Chapter 118E of the General Laws is hereby amended by adding at the end of the first paragraph the following sentence:
Provided however, the costs of providing competent interpreter services through sign and spoken languages by facilities licensed under section 19 of chapter 19 of the general laws or Section 51 of Chapter 111 of the general laws, shall be recognized and separately reimbursed by the division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party contractors under contract to a division managed care organization or primary care clinician program.
Section 2: Notwithstanding any general or special law, rule or regulation to the contrary, “Carriers” and “Behavioral Health Managers” as defined in Section 1 of Chapter 176O and their contractors, shall recognize and separately reimburse facilities licensed under section 19 of Chapter 19 of the general laws or Section 51 of Chapter 111 of the general laws for the costs of providing competent interpreter services through sign and spoken languages.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to insurance premium criteria
|
H969
|
HD2641
| 193
|
{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T15:14:46.033'}
|
[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T15:14:46.0333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H969/DocumentHistoryActions
|
Bill
|
By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 969) of Gerard J. Cassidy relative to insurance premium criteria. Financial Services.
|
SECTION 1. Section 34J of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 33, the words “territory and”.
SECTION 2. Section 22E of chapter 175 of the General Laws, as so appearing, hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No insurance company, and no officer or agent thereof in its behalf, shall refuse to issue, renew or execute as surety a motor vehicle liability policy or bond, or any other insurance based on the ownership or operation of a motor vehicle because of age, sex, race, occupation, marital status, zip code, principal place of garaging of the vehicle, or geographical area.
SECTION 3. Section 113B of said chapter 175, as so appearing, is hereby amended by striking out, in line 44, the words “or territory”.
SECTION 4. The fifth paragraph of said section 113B of said chapter 175, as so appearing, is hereby amended by inserting after the word “by”, in line 123, the following words:- zip code, principal place of garaging or geographical area, or by.
SECTION 5. Said section 113B of said chapter 175, as so appearing, is hereby amended by adding the following paragraph:-
The commissioner shall not fix or establish any private passenger motor vehicle insurance rates, premium charges, premium adjustments or classifications of risks based, in whole or in part, on zip code, principal place of garaging, or geographical area.
SECTION 6. Subsection (C) of section 113H of said chapter 175, as so appearing, is hereby amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-
To control the size of the population of the plan, the plan shall annually provide for classification credits for those companies voluntarily writing private passenger automobile insurance within those classifications that would otherwise be disproportionately represented in the plan. The size of the credits shall be such as to enhance the prospects that no classification is disproportionately represented in the plan.
SECTION 7. Section 4 of chapter 175E, as so appearing, is hereby amended by striking out, in line 22, the words “in the area”.
SECTION 8. Subsection (d) of said section 4 of said chapter 175E, as so appearing, is hereby amended by striking out, in lines 57 and 58, the words “which shall include a designation of not less than fifteen territories”.
SECTION 9. The fifth paragraph of said subsection (d) of said section 4 of said chapter 175E, as so appearing, is hereby amended by inserting after the word “by”, in line 68, the following words:- zip code, principal place of garaging or geographical area, or by.
SECTION 10. Section 5 of said chapter 175E, as so appearing, is hereby amended by striking out, in line 4, the words “to any territory or”.
SECTION 11. Said section 5 of said chapter 175E, as so appearing, is further hereby amended by striking out, in line 11, the words “or territory”.
SECTION 12. Section 6 of said chapter 175E, as so appearing, is hereby amended by striking out, in line 3, the words “, in any territory,”.
SECTION 13. Said section 6 of said chapter 175E, as so appearing, is hereby further amended by striking out, in lines 17 and 22, the words “in any territory or”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to agricultural crop and property destruction
|
H97
|
HD987
| 193
|
{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:44:25.043'}
|
[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:44:25.0433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T11:16:57.7533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H97/DocumentHistoryActions
|
Bill
|
By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 97) of Paul A. Schmid, III and James C. Arena-DeRosa relative to operating off-highway or recreational vehicles that damage or destroy certain field crop products or agricultural property. Agriculture.
|
SECTION 1.Chapter 242 Section 7B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection: -
(a) Any person who, (i) operates an off-highway or recreational vehicle in a manner that damages or destroys a field crop product or agricultural property situated on the land of another, or (ii) without the permission of the owner, willfully and intentionally removes, damages or destroys, a field crop product or property used primarily for agricultural purposes situated on the land of another, shall be liable to the owner of such product or property in tort.
SECTION 2. Subsection (f) of said section 7B of said chapter 242, as so appearing, is hereby amended by inserting after the words “husbandry, structure”, in line 27, the words:- or device
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to streamlining notice and disclosure
|
H970
|
HD2827
| 193
|
{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T11:50:13.707'}
|
[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T11:50:13.7066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H970/DocumentHistoryActions
|
Bill
|
By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 970) of Gerard J. Cassidy relative to disclosure of insurance allowed amounts for admissions, procedures or services by healthcare providers. Financial Services.
|
SECTION 1: Section 228 of chapter 111 of the General Laws, as most recently amended by chapter 260 of the acts of 2020, is hereby repealed.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to travel insurance
|
H971
|
HD1630
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-11T09:59:37.07'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-11T09:59:37.07'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H971/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 971) of Tackey Chan relative to travel insurance. Financial Services.
|
SECTION 1. Section 1 of chapter 176J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in the definition of “Health benefit plan” the words “travel insurance;”, which appear after the phrase “if offered as a separate insurance policy;”, and by striking out the sentences in the same definition that read “Travel insurance for the purpose of this chapter is insurance coverage for personal risks incident to planned travel, including but not limited to: (i) interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; or (iv) sickness, accident, disability or death occurring during travel, provided that the health benefits are not offered on a stand-alone basis and are incidental to other coverages. The term, “travel insurance” shall not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting 6 months or longer, including for example, those working overseas as an ex-patriot or military personnel being deployed.”
SECTION 2. Chapter 175 of the General Laws is amended by striking out section 162Z, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 162z- (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Designated responsible producer” or “DRP”, a person responsible for the limited lines travel insurance producer’s compliance with the travel insurance laws, rules and regulations.
“Limited lines travel insurance producer”, a (i) licensed managing general agent or third-party administrator; or (iii) licensed insurance producer, including a limited lines producer; or (iii) travel administrator.
“Offer and disseminate”, to provide general information, including a description of the coverage and price, as well as processing the application, collecting premiums.
“Travel administrator”, a person who directly or indirectly underwrites, collects charges, collateral or premiums from, or adjusts or settles claims on residents of this state, in connection with travel insurance, except that a person shall not be considered a travel administrator if that person’s only actions that would otherwise cause it to be considered a travel administrator are among the following:
(1) a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;
(2) an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer’s license;
(3) a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this section;
(4) an individual adjusting or settling claims in the normal course of that individual’s practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; or
(5) a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
“Travel insurance”, insurance coverage for personal risks incidental to planned travel including: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner; provided, however, that “travel insurance” shall not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting longer than 6 months, including, for example, people working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
"Travel retailer”, a business entity that makes, arranges or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
(b)(1) The commissioner may issue to an individual or business entity a limited lines travel insurance producer license if that individual or business entity has filed an application for a limited lines travel insurance producer license with the commissioner in a form and manner prescribed by the commissioner. A limited lines travel insurance producer license authorizes a limited lines travel insurance producer to sell, solicit or negotiate travel insurance through a licensed insurer. No person may act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered, respectively.
(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer license if the following conditions are met:
(i) the limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (A) a description of the material terms or the actual material terms of the insurance coverage; (B) a description of the process for filing a claim; (C) a description of the review or cancellation process for the travel insurance policy; and (D) the identity and contact information of the insurer and limited lines travel insurance producer;
(ii) at the time of licensure, the limited lines travel insurance producer shall establish and maintain a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on the limited lines travel insurance producer’s behalf; provided, however, that the register shall be maintained and updated annually by the limited lines travel insurance producer and shall include the name, address and contact information of the travel retailer and an officer or person who directs or controls the travel retailer’s operations and the travel retailer’s federal tax identification number; provided further, that the limited lines travel insurance producer shall submit the register to the division of insurance upon reasonable request and shall certify that the travel retailer register complies with 18 U.S.C. section 1033; provided further, that the grounds for the suspension, revocation, and the penalties applicable to resident insurance producers under this chapter and Chapter 176D, shall be applicable to the limited lines travel insurance producers and travel retailers;
(iii) the limited lines travel insurance producer has designated 1 of its employees, who is a licensed individual producer, as the DRP;
(iv) the DRP, president, secretary, treasurer and any other officer or person who directs or controls the limited lines travel insurance producer’s insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;
(v) the limited lines travel insurance producer has paid all applicable insurance producer licensing fees;
(vi) the limited lines travel insurance producer requires each employee and authorized representative of the travel retailer, whose duties include offering and disseminating travel insurance, to receive a program of instruction or training, which may be subject , at the discretion of the Commissioner, to review and approval by the commissioner; provided, however, that the training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices and required disclosures to prospective customers;
(c) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that have been approved by the travel insurer. Such materials shall include information which, at a minimum: (i) provide the identity and contact information of the insurer and the limited lines travel insurance producer; (ii) explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (iii) explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer’s existing insurance coverage.
(d) A travel retailer’s employee or authorized representative who is not licensed as a limited lines travel insurance producer shall not: (i) evaluate or interpret the technical terms, benefits and conditions of the offered travel insurance coverage; (ii) evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or (iii) hold oneself out as a licensed insurer, licensed producer or insurance expert.
(e) Notwithstanding any other provision in law, a travel retailer, whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer, meeting the conditions stated in this section, may receive related compensation, not in the form of commissions, upon registration by the limited lines travel insurance producer as described in subsection (b).
(f) Travel insurance may be provided under an individual policy or under a group or blanket policy.
(g) As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section.
(h) Any person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.
SECTION 3. The General Laws are hereby further amended by inserting after chapter 175M the following chapter:-
Chapter 175N TRAVEL INSURANCE
Section 1. Scope and purposes.
(a) The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state.
(b) The requirements of this chapter shall apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates are delivered or issued for delivery in this state. It shall not apply to cancellation fee waivers or travel assistance services, except as expressly provided herein.
(c) All other applicable provisions of this state’s insurance laws shall continue to apply to travel insurance except that the specific provisions of this chapter shall supersede any general provisions of law that would otherwise be applicable to travel insurance.
Section 2. Definitions.
As used in this chapter, the following words shall have the following meanings unless the context requires otherwise:
“Aggregator site”, a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
“Blanket travel insurance”, a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.
“Cancellation fee waiver”, a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier’s underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance.
“Commissioner”, the commissioner of insurance.
“Eligible group”, solely for the purposes of travel insurance, 2 or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including but not limited to any of the following:
(1) any entity engaged in the business of providing travel or travel services, including but not limited to: tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the operator, owner, or lessor of a means of transportation of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risk attendant to such travel;
(2) any college, school, or other institution of learning, covering students, teachers, employees, or volunteers;
(3) any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;
(4) any sports team, camp, or sponsor thereof, covering participants, members, campers, employees, officials, supervisors, or volunteers;
(5) any religious, charitable, recreational, educational, or civic organization, or branch thereof, covering any group of members, participants, or volunteers;
(6) any financial institution or financial institution vendor, or parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers;
(7) any incorporated or unincorporated association, including labor unions, having a common interest, constitution and bylaws, and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(8) any trust or the trustees of a fund established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the commissioner’s permitting the use of a trust and the state’s premium tax provisions in section 3 of one or more associations meeting the above requirements of paragraph (7);
(9) any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;
(10) any volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other such volunteer group;
(11) preschools, daycare institutions for children or adults, and senior citizen clubs;
(12) any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by their travel status on the rented or leased vehicles; provided, that the common carrier, the operator, owner, or lessor of a means of transportation, or the automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or
(13) any other group where the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest.
“Fulfillment materials”, documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan’s coverage and assistance details.
“Group travel insurance”, travel insurance issued to any eligible group.
“Limited lines travel insurance producer”, a (i) licensed managing general agent or third-party administrator; (ii) licensed insurance producer, including a limited lines producer, designated by an insurer as the travel insurance supervising entity under subsection (g) of section 162Z of Chapter 175; or (iii) travel administrator.
“Offer and disseminate”, to provide general information, including a description of the coverage and price, as well as processing the application, collecting premiums and performing other permitted non-licensable activities.
“Primary certificate folder”, specific to section 3, an individual person who elects and purchases travel insurance under a group policy.
“Primary policyholder”, specific to section 3, an individual person who elects and purchases individual travel insurance.
“Travel administrator”, a person who directly or indirectly underwrites, collects charges, collateral or premiums from, or adjusts or settles claims on residents of this state, in connection with travel insurance, except that a person shall not be considered a travel administrator if that person’s only actions that would otherwise cause it to be considered a travel administrator are among the following:
(1) a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;
(2) an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer’s license;
(3) a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with section 162Z of Chapter 175 ;
(4) an individual adjusting or settling claims in the normal course of that individual’s practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; or
(5) a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.
“Travel assistance services”, non-insurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include, but are not limited to: security advisories; destination information; vaccination and immunization information services; travel reservation services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost luggage assistance; concierge services; and any other service that is furnished in connection with planned travel. Travel assistance services are not insurance and not related to insurance.
“Travel insurance”, insurance coverage for personal risks incidental to planned travel including, but not limited to: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner; provided, however, that “travel insurance” shall not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting longer than 6 months, including, for example, people working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
“Travel protection plans”, plans that provide one or more of the following: travel insurance, travel assistance services, and cancellation fee waivers.
“Travel retailer”, a business entity that makes, arranges or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
Section 3. Premium tax.
(a) A travel insurer shall pay premium tax, as provided in section 22 of Chapter 63 of Title IX, on travel insurance premiums paid by any of the following:
(1) an individual primary policyholder who is a resident of this state;
(2) a primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or
(3) a blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in this state for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(b) A travel insurer shall: (i) document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (a); and (ii) report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
Section 4. Travel protection plans.
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if:
(a) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
(b) the fulfillment materials: (i) describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (ii) include the travel insurance disclosures and the contact information for persons providing travel assistance services, and cancellation fee waivers, as applicable.
Section 5. Sales practices.
(a) All persons offering travel insurance to residents of this state are subject to chapter 176D, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter shall control.
(b) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under chapter 176D.
(c)(1) All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, including but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance.
(2) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials
(3) The fulfillment materials and the information described in subsection (b)(2)(i)(A)-(D) of section 162Z of Chapter 175 shall be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (i) 15 days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or (ii) 10 days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail. For the purposes of this section, delivery means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
(4) The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(5) Where travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means.
(d) No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.
(e) It shall be an unfair trade practice to market blanket travel insurance coverage as free.
(f) Where a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (i) purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (ii) agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.
Section 6. Travel administrators.
(a) Notwithstanding any other provisions of this title, no person shall act or represent itself as a travel administrator for travel insurance in this state unless that person:
(1) is a licensed property and casualty insurance producer in this state for activities permitted under that producer license;
(2) holds a valid managing general agent (MGA) license in this state; or
(3) holds a valid third-party administrator (TPA) license in this state.
(b) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.
Section 7. Policy.
(a) Notwithstanding any other provision of this title, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance, provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(b) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state’s underwriting standards for inland marine.
Section 8. Regulations.
The commissioner may promulgate regulations to implement the provisions of this chapter.
Section 9. Short title.
This chapter may be cited as the travel insurance act.
SECTION 4. This act shall take effect 90 days after enactment.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to require financial institutions to pay late fees when it fails to conduct an electronic transfer
|
H972
|
HD1633
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T16:39:56.64'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T16:39:56.64'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H972/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 972) of Tackey Chan for legislation to require financial institutions to pay late fees upon failure to conduct electronic transfers. Financial Services.
|
SECTION 1. Chapter 167B of the General Laws, as appearing in the 2020 official edition, is amended by inserting after section 10 the following new section:-
Section 10A. If a financial institution fails to pay a preauthorized transfer authorized by a consumer for any reason other than those stated in section 10, and as a result the consumer is charged with a fine, penalty and/or late charge, by a third party then said financial institution shall pay the third party or reimburse the consumer the fine, penalty and/or charge, and any interest associated with the failure to pay within 5 days of discovering the error by the financial institution or within 5 days of when the consumer reports the error to the financial consumer. Should a financial institution who willfully and knowingly fails to comply with this section, then a consumer shall be entitled to treble damages as determined under clause (1) of subsection (a) of section 20 from said financial institution.
| null |
[]
|
[]
|
[]
|
[]
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.