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An Act relative to unclaimed life insurance benefits
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H973
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HD1634
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:06:52.163'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:06:52.1633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H973/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 973) of Tackey Chan relative to unclaimed life insurance benefits. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 119C the following section:-
119D Unclaimed Life Insurance Benefits
A. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Contract”, an annuity contract. The term “Contract” shall not include an annuity used to fund an employment-based retirement plan or program where (a) the insurer does not perform the Record Keeping Services or (b the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.
"Death Master File”, the United States Social Security Administration’s Death Master File or any other database or service that is at least as comprehensive as the United States Social Security Administration’s Death Master File for determining that a person has reportedly died.
“Death Master File Match”, a search of the Death Master File that results in a match of the social security number or the name and date of birth of an insured, annuity owner, or retained asset accountholder.
“Knowledge of Death”, (a) receipt of an original or valid copy of a certified death certificate or (b) a Death Master File Match validated by the Insurer in accordance with this section.
“Policy”, any policy or certificate of life insurance that provides a death benefit. The term “Policy” shall not include (a) any policy or certificate of life insurance that provides a death benefit under an employee benefit plan (1) subject to The Employee Retirement Income Security Act of 1974 [29 USC 1002], as periodically amended, or (2) under any Federal employee benefit program, or (b) any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement, or (c) any policy or certificate of credit life or accidental death insurance, or (iv) any policy issued to a group master policyholder for which the insurer does not provide Record Keeping services.
“Record Keeping Services”, those circumstances under which the Insurer has agreed with a group Policy or Contract customer to be responsible for obtaining, maintaining and administering in its own or its agents' systems information about each individual insured under an Insured’s group insurance contract (or a line of coverage thereunder), at least the following information: (a) Social Security number or name and date of birth, and (b) beneficiary designation information, (c) coverage eligibility, (d) benefit amount, and (e) premium payment status.
“Retained Asset Account”, any mechanism whereby the settlement of proceeds payable under a Policy or Contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits.
“Treasurer”, the treasurer and receiver general.
B. An insurer shall perform a comparison of its insureds’ in-force Policies, Contracts, and Retained Asset Accounts against a Death Master File, on at least a semi-annual basis, by using the full Death Master File once and thereafter using the Death Master File update files for future comparisons to identify potential matches of its insureds. For those potential matches identified as a result of a Death Master File Match, the insurer shall:
(a) within ninety (90) days of a Death Master File Match:(1) complete a good faith effort, which shall be documented by the insurer, to confirm the death of the insured or retained asset account holder against other available records and information; (2) determine whether benefits are due in accordance with the applicable policy or contract, and if benefits are due in accordance with the applicable policy or contract: (i) use good faith efforts, which shall be documented by the insurer, to locate the beneficiary or beneficiaries; and (ii) provide the appropriate claims forms or instructions to the beneficiary or beneficiaries to make a claim including the need to provide an official death certificate, if applicable under the policy, contract.
(b). With respect to group life insurance, insurers are required to confirm the possible death of an insured when the insurers maintain at least the following information of those covered under a policy or certificate: (1) Social Security number or name and date of birth, and (2) beneficiary designation information, (3) coverage eligibility, (4) benefit amount, and (5) premium payment status.
(c). Every insurer shall implement procedures to account for: (1) common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names; (2) compound last names, maiden or married names, and hyphens, blank spaces or apostrophes in last names; (3) transposition of the “month” and “date” portions of the date of birth; and (4) incomplete social security numbers.
(d). To the extent permitted by law, the insurer may disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer locate the beneficiary or a person otherwise entitled to payment of the claims proceeds.
An Insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a Death Master File Search or verification of a Death Master File Match conducted pursuant to this section.
The benefits from a Policy, Contract or a Retained Asset Account, plus any applicable accrued contractual interest shall first be payable to the designated beneficiaries or owners and in the event said beneficiaries or owners cannot be found, shall escheat to the state as unclaimed property pursuant to Chapter 200A, section 5A. Interest payable under Section 119C shall not be payable as unclaimed property under Chapter 200A, section 5A.
An insurer shall notify the treasurer upon the expiration of the statutory time period for escheat that: (1) a Policy or Contract beneficiary or Retained Asset Account holder has not submitted a claim with the insurer; and (2) the insurer has complied with this section and has been unable, after good faith efforts documented by the insurer, to contact the Retained Asset Account holder, beneficiary or beneficiaries
Upon such notice, an insurer shall immediately submit the unclaimed Policy or Contract benefits or unclaimed Retained Asset Accounts, plus any applicable accrued interest, to the treasurer.
Failure to meet any requirement of this section with such frequency as to constitute a general business practice is a violation of Chapter 176D. Nothing herein shall be construed to create or imply a private cause of action for a violation of this Section.
SECTION 2. This Act shall take effect on January 1, 2025.
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An Act to protect consumers by further defining subprime loans
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H974
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HD2844
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:21:39.483'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:21:39.4833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-21T14:30:17.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H974/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 974) of Tackey Chan for legislation to further define subprime loans. Financial Services.
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SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section 17B ½ and inserting in place thereof the following section:-
No mortgagee who makes a loan to a first-time home loan borrower, to be secured by a mortgage on owner-occupied, 1 to 4 family residential property in the commonwealth, shall make a subprime loan at a variable or adjustable rate of interest unless the mortgagor affirmatively opts in writing for the variable or adjustable rate subprime loan and receives certification from a counselor with a third-party nonprofit organization that the mortgagor has received counseling on the advisability of the loan transaction; provided, further that said third party nonprofit organization shall have been approved by: (1) the United States Department of Housing and Urban Development; (2) a housing financing agency of the commonwealth; (3) the Massachusetts Homeownership Collaborative; (4) or the regulatory agency which has jurisdiction over the mortgagee. The commissioner of the division of banks shall maintain a list of approved counseling programs. At or before closing such a loan, the mortgagee shall obtain evidence that the mortgagor has completed an approved counseling program. If such subprime mortgage loan is made by a mortgagee in violation of this section, the variable or adjustable rate terms of the loan shall not be enforceable and the mortgagee shall only be entitled to collect an interest rate equal to the lesser of the original interest rate, including any discounted rate, or the current adjusted interest rate throughout the remaining term of the loan. The commissioner of banks shall issue directives or guidelines or adopt regulations to administer and carry out this section and to further define the terms used in this section.
A first-time home loan that is a Qualified Mortgage pursuant to 12 CFR 1026.43(b)(1) which meets the specifications of 12 CFR 1026.43(e)(1)(i) shall be exempt from this section as of January 1, 2022.
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An Act to establish a Massachusetts public bank
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H975
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HD2677
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T15:25:29.48'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T15:25:29.48'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T15:30:38.34'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:34:09.29'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T14:51:26.5133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-08-09T12:41:23.3333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:43:44.75'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:00:52.26'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-08-08T12:11:07.29'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:14:33.23'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-25T15:15:37.4733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T10:17:19.8933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T14:02:29.9866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:00:10.5'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:22:50.0766667'}]
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T15:25:29.48'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H975/DocumentHistoryActions
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Bill
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By Representatives Connolly of Cambridge and Cabral of New Bedford, a petition (accompanied by bill, House, No. 975) of Mike Connolly, Antonio F. D. Cabral and others for legislation to establish a Massachusetts public bank. Financial Services.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 10 the following chapter:-
CHAPTER 10A
MASSACHUSETTS PUBLIC BANK
Section 1. Declarations.
(a) There shall be a Massachusetts public bank (the Bank), wholly owned by the commonwealth, to provide a safe depository for a portion of the public funds in the commonwealth and to support the economic well-being of the commonwealth, its cities and towns, its residents, its businesses and its state and municipal institutions, with an accountable and responsive governance structure that ensures community input.
(b) In order to obtain these benefits, the Massachusetts public bank (the Bank) shall:
(1) hold a portion of the commonwealth’s funds as deposits in the Bank and invest those funds within the commonwealth so as to further the Bank’s goals as detailed below;
(2) promote economic development and job creation within the commonwealth by providing affordable financing to small and medium-sized businesses, especially in under-served communities;
(3) assist businesses and municipalities in recovering from the economic repercussions of external shocks, including pandemics, recessions, and natural disasters;
(4) respond to the unmet affordable financing needs of cities and towns in the commonwealth;
(5) address the historic and current disadvantages experienced by the state’s minority and women-owned enterprises by providing affordable financing;
(6) assist workers and communities in creating jobs by supporting cooperative business models including worker-owned coops;
(7) increase available affordable housing options for all residents of the commonwealth;
(8) promote sustainable agriculture and address food insecurity, particularly by providing financing to family-owned farms and rural businesses that serve them;
(9) support non-profit and community-based organizations that work to address the results of racial injustice and/or to promote women’s economic and social equity;
(10) support the expansion and development of public and private measures to mitigate the grave dangers that climate change poses to the public and local enterprises, and to promote reductions in greenhouse gas emissions;
(11) provide economic support to state-based public or quasi-public agencies including community development financial institutions, community development corporations and economic development corporations;
(12) strengthen state-chartered private banks, particularly through participatory loan programs;
(13) enable the commonwealth to share in the methods of monetary support the federal government provides to commercial banks;
(14) be supervised for safety and soundness by the commissioner of banks.
Section 2. Definitions.
The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:
“Affiliate”, a company that controls, is controlled by, or is under common control with another company.
“Affordable financing”, as defined in section 13 below.
“Affordable housing”, housing that: (1) satisfies the definition in section 1 of chapter 60 or section 38D of chapter 121B; (2) is a qualified low-income housing project as defined in 26 U.S.C. 42(g); or (3) is owned by families that (i) reside in a census tract in which the median income does not exceed 80 per cent of the area median income or (ii) have an income that does not exceed area median income and that resides in a minority census tract.
“Business plan”, a public document that lays out the Bank’s strategy for accomplishing its statutory directives through safe and sound operations of the Bank.
“Commissioner”, as defined in section 1 of chapter 167.
“Community development corporation”, as defined in section 2 of chapter 40H.
“Community development financial institution”, a private financial entity dedicated to delivering non-predatory affordable lending to help low-income, low-wealth and other disadvantaged people and communities that shall have the meaning ascribed to it under 12 U.S.C. 472(5)(a), including, but not limited to, those institutions that are not certified by the United States Treasury Community Development Financial Institution Fund.
“Eligible recipients”, as defined in section 12.
“Land trust”, a private, non-profit corporation or organization that acquires, manages, develops or maintains land or easements to promote the preservation or restoration of land in the commonwealth either for recreational, agricultural, scenic, residential or commercial use including, but not limited to, affordable housing, climate security or water resource protection uses.
“Massachusetts bank”, an association or corporation chartered by the commonwealth under chapter 168, 170, 171 or 172.
“Massachusetts Public Bank” or “Bank”, a bank chartered by the commonwealth and wholly owned by the commonwealth to accept deposits of public funds and provide affordable financing to eligible recipients so as to enhance the economic health of the commonwealth.
“Participation loan”, a loan in which the Bank shares funding or overseeing an advance of credit under a written agreement between the originator of the loan and the Bank.
“Rural area”, a municipality with population density of less than 500 residents per square mile, according to the latest decennial census of the United States.
“Rural business concern”, a business that (1) is a smaller business entity; (2) has its principal business operations in 1 or more rural areas in the commonwealth; and (3) is engaged in an occupation that directly supports the economy of the rural area or areas in which it is located.
“Underserved neighborhood”, a neighborhood that meets 1 or more of the following criteria: (1) the annual median household income is not more than 65 per cent of the statewide annual median household income; (2) minorities comprise 40 per cent or more of the population; (3) 25 per cent or more of households lack English language proficiency; or (4) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income.
“Smaller business entity”, a business that has 40 per cent of the employee count of a small business as defined under section 57 of chapter 23A.
Section 3. Authorities and Examinations.
(a) Unless explicitly provided otherwise under this chapter, the Bank shall have all the powers under the provisions of chapter 167F, as well as the other powers available to Massachusetts banks under the law.
(b) The Bank is authorized, but not required, to become a member of the Federal Reserve System.
(c) The Bank is authorized, but not required, to become a member of the Federal Deposit Insurance Corporation.
(d) To the extent convenient for its operations, the Bank may pursue its goals through subsidiaries, to be established under the same rules and regulations applying to other state-chartered depository institutions. These subsidiaries shall be subject to the same restrictions applying to the Bank with respect to deposits, eligible recipients and affordable financing as set forth in sections 9, 12 and 13.
(e) The Bank may accept and solicit property, including any gifts, donations, grants or bequests or any public funds for any of the purposes of this chapter.
(f) Beginning 1 year after the Bank has commenced operations and at least annually thereafter, the commissioner of banks shall examine the bank under its authority to examine Massachusetts banks. The Bank shall be subject to the provisions of chapter 167 and section 13 of chapter 167J; provided, however, that sections 2I, 14, 14A, 14C, 15-15K, 19, 20, 34, 37, 37A, 37B, 40, 41, 42, 43, 44, 45 and 46 of chapter 167 shall not apply to the Bank.
(g) In examining the Bank, the commissioner shall pay special attention to transaction testing the Bank’s compliance with its Business Plan. This part of the examination shall become public 6 months after the conclusion of the examination.
Section 4. Governance Structure of the Bank.
The provisions of this section are subject to the initial organization provisions of section 6.
(a) There shall be a board of directors to govern the Bank consisting of 9 members, including the state treasurer or the state treasurer’s designee, and 8 members who bring professional experience, across their number, in the following fields. Four individuals, to be appointed by the state treasurer, who collectively represent expertise in the operation of (1) community development financial institutions, (2) state-chartered depository institutions doing business primarily in the state, (3) credit unions or cooperative banks chartered under chapter 170 or chapter 171, and (4) public finance. Four individuals, to be appointed by the governor, who collectively represent expertise in (5) small business enterprises located in the commonwealth, (6) economic development, (7) local government and administration and (8) environmentally-conscious financing.
The members of the board of directors, including the state treasurer, or its designee, may be reimbursed for travel and other expenses incurred in preparing for and attending the meetings.
(b) Board representation shall reflect the geographical, racial and gender diversity of the commonwealth as periodically determined by the state secretary as the commonwealth’s chief census officer. The members of the board of directors shall represent all geographic areas of the commonwealth, including urban, rural and suburban areas.
(c) A board member shall be a resident of the commonwealth at least 90 days before appointment and, with the exception of the state treasurer or the state treasurer’s designee, while serving on the board, shall not: (1) hold or be a candidate for federal, state or local elected office; (2) hold an appointed office in a federal, state or local government; (3) serve as an official in a political party; or (4) have served in any such office in the previous 4 years. The board members shall take an oath to faithfully and impartially execute their duties as board members. The members of the board shall be compensated for work performed for the board at such rate as the secretary of administration and finance shall determine.
(d) The board of directors shall elect its own chair by majority vote. This election shall take place whenever (1) a chair’s term on the board of directors ends without reappointment or (2) 2 or more members of the board of directors shall call for an election. Seven board members shall constitute a quorum and the affirmative vote of a majority of board members present and voting shall be required for any action of the board of directors. The board shall meet quarterly and at other times as it shall deem necessary or upon the written request of 4 board members or the chair. The chair of the board of advisors as established under section 7, the chair’s designee or both may attend all such meetings as a nonvoting participant. Notice of all meetings shall be given to the board members, the chair of the board of advisors and to other persons who request such notice. The board shall adopt regulations establishing procedures related to its meetings, which may include electronic meetings and communications.
(e) All board meetings shall be staffed with a bank officer to serve as secretary. The secretary shall keep a record of the proceedings of the board and shall be the custodian and keeper of the records of all books, documents and papers filed by the board and of its minute book. The secretary shall cause copies to be made of all minutes and other records and documents of the board and shall certify that such copies are true copies, and all persons dealing with the board may rely upon such certification.
(f) The board shall appoint a chief executive officer of the Bank with at least 6 affirmative votes. At the discretion of the chair of the board, the board may utilize a form of ranked-choice voting to ensure that the 6-vote threshold is satisfied. The chief executive officer shall not be a member of the board. If at any time, six board members shall declare a vote of no confidence in the current chief executive officer, the chief executive officer shall be terminated, and the board shall initiate the process of hiring a new chief executive officer immediately. In the case of an absence or vacancy in the office of the chief executive officer, or in the case of disability as determined by the board, the board may designate an acting chief executive officer by a 5-vote majority to serve as chief executive officer until the vacancy is filled, or the absence or disability ceases. Notwithstanding the provisions of any general or special law to the contrary, all board meetings regarding the hiring or termination of the chief executive officer or acting chief executive officer shall be executive sessions, and the voting records of the directors at these meetings shall be kept confidential. The chief executive officer, acting chief executive officer, the chair of the board of advisors or any designee thereof shall not attend executive sessions.
The chief executive officer shall serve at the pleasure of the board, shall receive such salary as may be determined by the board and shall devote full time and attention to the duties of the office. The chief executive officer shall be a person with skill and experience in management and banking, shall be the executive and administrative head of the Bank and shall be responsible for administering and enforcing the provisions of law relative to the Bank and to the administrative units of the Bank. The acting chief executive officer shall have all of the powers and duties of the chief executive officer and shall have similar qualifications as the chief executive officer. The chief executive officer may employ other employees, consultants, agents and advisors, including legal counsel and shall attend meetings of the board. The chief executive officer shall be responsible for all aspects of the Bank’s management, including its physical facilities, investments, loan portfolio, accounting, risk management and regulatory compliance, as well as the drafting and subsequent execution of its Business Plan. The chief executive officer shall manage the Bank consistently with the Business Plan.
(g) (1) The Business Plan shall be effective for four years, and such further time as may be needed to draft a new Business Plan.
(2) The chief executive officer shall send a draft Business Plan to the chair of the board of advisors concomitantly with conveying it to the board of directors, but at least 30 days before the board of advisors' next scheduled quarterly meeting. The board of advisors shall immediately make it publicly accessible via the internet and publicly announce that it is available for public comment through the board of advisors’ internet-based comments portal. Within 30 days after said meeting, the chair of the board of advisors shall combine the board of advisors members’ comments and suggestions, along with any public input that the board deems pertinent, into a concise list of recommended modifications to the Business Plan and distribute those recommendations to the members of the board of advisors and of the board of directors. The board of directors shall promptly convey these recommendations, together with any comments of its own, to the chief executive officer. The chief executive officer shall then prepare a new draft Business Plan taking these recommendations into account as the chief executive officer sees fit and convey it to the board of directors and board of advisors within 30 days of the recommendations’ receipt. This updated draft Business Plan shall be voted upon by the board of directors within 30 days of receiving the updated draft from the chief executive officer, at an ad hoc board of directors meeting if necessary. The board of advisors’ comments and recommendations, together with the public’s input from the board of advisors’ meetings and from the comments portal and the approved Business Plan itself, shall be made publicly available via the internet.
(3) A Business Plan, once approved, may not be overridden by the board of directors except through a declaration of emergency, as described in section 5. If the board of directors disapproves a draft Business Plan, this process shall begin anew and be repeated until a Business Plan is approved. Upon the third consecutive disapproval of a draft Business Plan, the chief executive officer who drafted those Business Plans shall be deemed to have been terminated by the board of directors, and the board of directors shall hire a new chief executive officer before a further draft Business Plan may be considered.
(h) Employees of the Bank determined eligible by the Massachusetts State Board of Retirement shall be members of the Massachusetts State Employees Retirement System pursuant to the provisions of Chapter 32.
Section 5. Powers and Duties of the Board of Directors
Subject to Section 3(a), the board of directors shall have all powers necessary or convenient to carry out and effectuate its purposes, including, but not limited to, the power to:
(a) approve of the Business Plan of the Bank, to ensure that the Plan pays due attention to the recommendations of the Bank’s board of advisors and to monitor the Bank’s subsequent compliance with the currently operative Plan. Approval of the Business Plan by the board requires six votes.
(b) keep the board of advisors of the Bank fully informed of the Bank’s operations and loan portfolio and to convey the recommendations of the advisors to the chief executive officer. To this end, there shall be an annual joint meeting of the board of directors, the board of advisors and the chief executive officer. The chair of the board of directors shall preside over the joint meeting. When requested by a majority of the board of advisors as established in section 7, the board of directors shall schedule and hold a second joint meeting within the year.
(c) regularly review the Bank’s financial statements and other records to ensure that it is in compliance with all applicable laws and regulations and with all reporting requirements under section 11.
(d) in the event of a natural or man-made disaster, to declare a state of emergency that requires the chief executive officer to override the currently operative Business Plan, in such manner as the board of directors shall deem necessary to address and recover from the disaster. Seven members of the board of directors shall approve the declaration of emergency, following consultation with the chair of the board of advisors and shall specify a duration for the emergency of no more than 1 year. At the conclusion of a 1-year declaration of emergency, the board shall only approve an extension of the declaration of emergency by unanimous re-approval.
Section 6. Initial Organization Development
(a) The initial board of directors members shall be appointed within 120 days of the effective date of this Act.
(b) Four of the 8 initially-appointed members of the board of directors shall serve 2-year terms.
(c) The board shall elect its officers at its first meeting. Initial board meetings shall be staffed by an interim board employee acting as secretary.
(d) The board chair shall publicly solicit applications for the chief executive officer immediately upon the board’s appointment. The board shall expeditiously determine the applicant to hire.
(e) The chief executive officer shall cause to be drafted the initial Business Plan within 1 year of being hired by the board of directors.
(f) The initial board of advisors shall be appointed within 90 days of the appointment of the initial board of directors. Of the advisors initially appointed by the governor, 8 shall serve 2-year terms and the remaining 8 shall serve 4-year terms, with half the appointees from each category to serve each length term. The board of advisors shall elect its own chair at its first meeting for a term of two years.
(g) Members of the board of directors and the board of advisors shall serve for a term of 2 or 4 years, depending on the term of their initial appointment, and shall be eligible for a single reappointment to that board.
Section 7. Appointment and Duties of the Board of Advisors.
The board of advisors shall consist of 18 members, 1 of whom shall be the lieutenant governor or the lieutenant governor’s designee and 1 of whom may be designated by the Federal Reserve Bank of Boston by its community development experts. The governor shall appoint the remaining 16 members for 4-year terms. The governor shall make appointments from persons nominated by organizations representing the following stakeholder communities, taking 2 persons from each category except where 1 person is indicated, with a limit of 1 candidate per nominating entity: (1) state-chartered depository institutions or credit unions that derive over 90 per cent of their deposits in-state, or associations representing predominately these organizations; (2) community development finance institutions and community development organizations that focus primarily on supporting economic development in the commonwealth, including, but not limited to, rural and economic cooperative models and worker-owned enterprises; (3) organizations recognized under 26 U.S.C. 501(c)(3) to support underserved neighborhoods; (4) associations representing the interests of small business entities, particularly businesses owned by cognizable groups currently receiving less credit than proportional to their size or serving in areas operating in underserved neighborhoods; (5) 1 appointee each from the following organizations recognized under 26 U.S.C. 501(c)(3) to support the following ends: (i) sustainable agriculture; (ii) food security; (iii) climate change amelioration and environmental finance and (iv) environmental justice; (6) municipalities, as represented singly, by state-based associations of municipalities or by state-based chapters of municipal planners or professionals; (7) organizations in which employees or workers participate and which exist for the purpose, in whole or in part, of representing the interests of workers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work, at least one organization of which represents the interests of low-income workers.
The terms of members of the board of advisors who are gubernatorial appointees shall be staggered: one-half of the board’s membership, consisting of 1 nomination from each category above shall terminate at 2-year intervals. In order to submit a nomination, an entity or organization shall have been in existence for at least 4 years. All nominations and determinations shall be public consistent with state law, and the Bank shall post them on the Bank’s website.
(b) An election for chair of the board of advisors shall take place whenever a chair’s term on the board of advisors ends or when a majority of those currently serving on the board of advisors shall call for an election. The board of advisors shall meet quarterly to review the Bank’s activities. The board of advisors’ meetings shall be open to the public consistent with the state’s open meeting law and publicized at least 30 days in advance. The chair of the board of advisors may attend all board of directors’ meetings and be recognized to speak.
(c) The public shall further be able to provide input to the board of advisors on an ongoing basis through an internet-based comments portal. The board of advisors shall make the establishment of the comments portal its first order of business and shall provide the board of directors, as well as the chief executive officer and staff, full access to the portal. The chair of the board of advisors shall be responsible for managing the comments portal and shall ensure that the comments on the portal are fully accessible to the public.
(d) The responsibilities of the board of advisors shall include (1) establishing its rules of procedure; (2) scheduling and publicizing its quarterly meetings and providing minutes on a timely basis to the public; (3) establishing an internet-based comments portal in which the public can review and comment on the bank’s activities and make proposals regarding future initiatives for the Bank’s consideration; (4) reviewing the bank’s draft business plan prepared by the chief executive officer and providing feedback; and (5) communicating policy recommendations and any significant concerns that may arise from quarterly meetings or the portal to the board of directors and chief executive officer.
(e) The members of the board of advisors may be reimbursed for travel and other expenses incurred in preparing for and attending the meetings. This reimbursement may include a stipend for members not otherwise compensated for their time by an employer. These and all other expenses incurred by the board of advisors in fulfilling its obligations, including the comments portal, shall be paid for from the Bank’s operating budget.
Section 8. Capitalization.
(a) The commonwealth shall make a $200,000,000 initial equity investment for the Bank under the schedule set forth in subsection (b). That amount shall be funded by direct legislative appropriation.
(b) The general court shall appropriate $50,000,000 to the Bank in fiscal year 2024, $50,000,000 in fiscal year 2025, $50,000,000 in fiscal year 2026 and $50,000,000 in fiscal year 2027.
(c) The board of directors may decide to allocate a portion of the Bank’s initial capital and retained earnings between the Bank and its subsidiaries, established under section 3(e) under the same terms governing other state-chartered depository institutions.
Section 9. Deposits.
(a) The state treasurer, along with the Bank’s board of directors and its chief executive officer, shall determine when the Bank has sufficient capacity after the first appropriation of capital to receive public funds. On or near that date, the state treasurer shall deposit $350 million dollars of state funds in the bank. For each additional appropriation of Bank capital pursuant to Sections 8(a)-(b), the state treasurer shall deposit an additional $350 million of state funds, within three months of the effective date of such appropriation. After that date, the state treasurer shall so allocate state funds to ensure that the Bank maintains a minimum average annual deposit balance of $1,400,000,000.
(b) The state treasurer shall fund the minimum average deposit balance from state revenues held with the Massachusetts Municipal Deposit Trust; provided, however, that the state treasurer shall not withdraw funds from the “Move Money” program.
(c) The state treasurer shall use deposits in the Bank to make any payments, provided further that the state treasurer shall not take action that (1) disrupts the public bank’s liquidity position, or (2) reduces the size of the Bank’s minimum average annual deposit balance of $1,400,000,000.
(d) Given that the commonwealth is the sole shareholder of the Bank, the Bank shall not pay interest on the commonwealth’s deposits; provided, however, that the Bank shall pay interest to cities and towns with deposits held at the Bank at rates that the Bank sets.
(e) After the Bank is well established, has a record of sound operation, and the state treasurer, the board of directors and its chief executive officer have deemed the Bank to have the requisite capacity, the board of directors and chief executive officer may agree to accept deposits of funds from the commonwealth, cities, towns and quasi-public entities that have a maturity of over 180 days.
(g) Nothing in this provision shall derogate from the Bank’s powers to incur non-deposit liabilities, including, but not limited to, money market borrowing, Federal Reserve borrowing, capital market borrowing or its other powers under section 3.
Section 10. State Guarantee.
All deposits and other liabilities of the Bank shall be guaranteed by the full faith and credit of the commonwealth.
Section 11. Sound Operation and Reporting.
The board of directors shall operate the Bank to ensure its soundness and sustainability. According to the board of directors’ determination, the Bank’s annual monetary return may be provided to the commonwealth or reinvested in the capital of the Bank.
(a) Annually, the Bank shall publicly issue its financial reports to the governor and to the clerks of the house of representatives and senate. An external party shall audit these reports
(b) Annually, the state treasurer shall publicly report the current and average amount of cash and cash equivalents held by the commonwealth to the governor and to the clerks of the house of representatives and senate. Under section 2 the reported amounts shall be used in the calculation of the updated MAAB.
(c) The Bank shall maintain records of all banking transactions and amounts throughout the year.
(d) The Bank shall submit an annual public report to the state treasurer, describing the benefits of its activities to the commonwealth. In the report, the Bank shall include:
(1) Analysis of the extent to which it was able to meet priorities listed in section 13.
(2) For each type of eligible recipients specified under section 12 subsections (a) through (l), the number of recipients to whom the bank extended affordable financing and the total amount of the Bank’s regulatory capital dedicated to each type of eligible recipient.
(3) A description of the main forms of affordable finance extended by the Bank in the 14 counties of the commonwealth.
(e) The Bank shall file an annual report on the compensation paid by the Bank to the board of directors, the chief executive officer and other bank employees and consultants.
(f) The Bank shall be subject to chapter 66; provided however, that the Bank shall not be required to reveal the identity of an eligible recipient as defined in section 12 or information containing an eligible recipient’s financial data.
Section 12. Eligible Recipients.
The Bank shall use its powers to extend affordable financing to the following eligible recipients:
(a) Public or quasi-public entities, including, but not limited to, cities or towns located within the commonwealth, enterprises managed in whole or in part by cities or towns and public or quasi-public entities located in and primarily serving the commonwealth;
(b) Nonprofit organizations that are exempt from federal taxation under 26 U.S.C. 501(c)(3), whose primary goal is to benefit the commonwealth or its residents through community development;
(c) Land trusts;
(d) Entities operating as, or transitioning to be cooperatives, including, but not limited to, housing, worker and consumer cooperatives, employee stock ownership plans and worker-owned cooperative enterprises;
(e) Entities created by financial institutions that pool funds to lend for affordable housing development;
(f) Developers of housing or preservation projects, only when entities financing the project invite the Bank to participate with financing;
(g) State-chartered depository institutions, to the extent that the affordable financing extended to these institutions is used to support the other eligible recipients in this provision;
(h) Community development corporations that operate in Massachusetts;
(i) Community development financial institutions that operate in Massachusetts;
(j) Investment vehicles established by the eligible recipients set forth in subsection (h) or (i);
(k) Smaller business enterprises, defined as in section 2 and doing business primarily in the commonwealth, that offer sustainable business plans and merit credit but are unable to procure affordable financing from other Massachusetts banks with or without participation by the Bank;
(l) Small- and medium-sized farms and related industries;
(m) Conduits or investment vehicles created for the primary purpose of supporting other eligible recipients listed in this section.
Section 13. Affordable Financing.
The term “affordable financing” shall include the following types of finance, all to the extent consistent with the Bank’s authorities in section 3(a) and subject to general banking regulations set by the commissioner:
(a) For all eligible recipients listed in section 12:
(1) The provision of credit and loans, including long-term loans and unsecured loans. The Bank may
employ underwriting methods which are flexible in their criteria, terms and uses and shall provide loans at affordable rates;
(2) The provision of letters of credit, guarantees, subordinate loans and other forms of de-risking for the purpose of crowding-in additional financing by non-Bank sources;
(3) The provision of technical assistance;
(b) For the eligible recipients listed in Section 12, subsections (c), (e), (h) and (m), the term “affordable financing” shall additionally include the following:
(1) The provision of equity financing, including preferred stock, common stock, equity equivalent capital and other hybrid instruments;
(2) The provision of grants, donations and contributions, including grants given over a period of years (such as those for technical assistance) to provide predictability for eligible recipients;
(3) The other activities permissible to the Bank under section 3(a).
(c) Nothing in this provision is meant to derogate from the Bank’s powers under section 3(a) to hold assets necessary for its liquidity management.
Section 14. Bank Priorities.
In formulating its Business Plan, the Bank shall give priority to the following considerations:
(a) Supporting eligible recipients subject to the historic and current economic inequities by communities in underserved neighborhoods, including, but not limited to, enterprises established by residents there, as well as eligible recipients working to remedy those inequities;
(b) Supporting eligible recipients subject to the historic and current economic inequities experienced by women throughout the commonwealth;
(c) Supporting rural business and farming concerns;
(d) Supporting businesses with compensation structures that provide a livable wage, establish an equitable ratio between the least- and highest-paid members of the business or otherwise demonstrate a commitment to equitable pay.
(e) Supporting entities that address the impacts of climate change and the reduction of greenhouse gases.
(f) Funding the need of cities and towns in the commonwealth to update and build safe and sustainable infrastructure.
(g) The Bank shall seek to complement and support the operation of public and quasi-public agencies, non-profit organizations, Massachusetts banks and community development financial institutions and community development corporations. The Bank shall partner rather than compete with those entities to strengthen them and to expand affordable financing in the commonwealth.
(h) When appropriate, the Bank’s provision of lending and de-risking under section 13(a) shall be conducted through participation lending programs, with these institutions originating and servicing the loans.
(i) The bank shall promote equitable distribution of Bank resources across the commonwealth, including ensuring that rural areas of the commonwealth are given full and fair consideration.
(j) Provided that certain smaller towns in the commonwealth have scant resources for administrative staff, the Bank shall make every effort to make the application process for these towns as simple and affordable as possible.
Section 15. Conflicts of Interests.
(a)The Bank shall not transact with or extend financing to a member of the board of directors, the chief executive officer or an officer of the Bank, including an immediate family member of that person as defined in section 1 of chapter 268A or an entity in which that person has an interest. This prohibition shall remain in effect for 4 years after the conclusion of the term of the board member, chief executive officer or another officer of the Bank.
(b) The Bank shall not transact with or extend financing to a member of the board of advisors, including an immediate family member of that person as defined in section 1 of chapter 268. Nothing in this provision shall prevent the Bank from transacting with or extending financing to an entity with which a member of the board of advisors is associated.
Section 16. Liberal Construction.
The provisions of this chapter shall be interpreted and construed liberally in aid of its declared purpose.
SECTION 2. Section 38 of chapter 29 of the General Laws is hereby amended by adding the following subsection:-
(j) In the Massachusetts Public Bank established under chapter 10A.
SECTION 3. Notwithstanding any general or special law to the contrary, the capitalization amounts set forth in section 8 of this act shall be available to the Bank by fiscal year 2027, subject to appropriation.
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An Act requiring full health insurance coverage for individuals with vitiligo
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H976
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HD1270
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{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T16:00:48.09'}
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[{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T16:00:48.09'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T12:22:48.57'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-06-21T15:17:17.6666667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-06-29T14:29:59.9533333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-06-29T14:30:06.8966667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-06-30T11:35:49.3133333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-07-12T15:02:59.25'}]
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{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T11:35:56.867'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H976/DocumentHistoryActions
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Bill
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By Representatives Consalvo of Boston and Lawn of Watertown, a petition (accompanied by bill, House, No. 976) of Rob Consalvo and John J. Lawn, Jr. for legislation to provide health insurance coverage for individuals with vitiligo. Financial Services.
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SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17S the following section:-
Section 17T. The commission shall provide, to an active or retired employee of the commonwealth who is insured under the group insurance commission, coverage for treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
SECTION 2. Chapter 118E of the General laws is hereby amended by inserting after section 10Q the following section:-
Section 10R. 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 treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-
Section 47UU. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall provide coverage for treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8UU the following section:-
Section 8VV. A 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 treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:-
Section 4VV. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:-
Section 4NN. Any individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for treatment of vitiligo as a chronic autoimmune disease including, but not limited to, mental health treatment in connection with vitiligo.
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An Act relative to continuing education of insurance producers
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H977
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HD335
| 193
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{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-12T11:39:59.863'}
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[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-12T11:39:59.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H977/DocumentHistoryActions
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Bill
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By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 977) of Edward F. Coppinger relative to continuing education of insurance producers. Financial Services.
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Section 177E of chapter 175 of the General Laws, as appearing in 2014 Official Edition, is hereby amended by inserting after subsection E the following subsection:-
E ½. The commissioner may award up to 3 hours per year of continuing insurance education to a person holding 1 or more such licenses for an active annual membership in The National Association of Insurance and Financial Agents of Massachusetts, Inc.; provided, however, that not more than 9 hours of continuing insurance education may be awarded to a person holding 1 or more such licenses for membership in The National Association of Insurance and Financial Agents of Massachusetts, Inc. during a 36 month reporting period. Credit for continuing insurance education pursuant to this subsection may only be awarded to a person holding 1 or more such licenses who is required to complete at least 45 hours of continuing education per 36 month reporting period.
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An Act relative to promoting healthcare access and affordability for patients
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H978
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HD851
| 193
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{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-17T14:07:41.183'}
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[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-17T14:07:41.1833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T11:00:02.8033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-27T11:00:02.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H978/DocumentHistoryActions
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Bill
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By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 978) of Edward F. Coppinger, Samantha Montaño and Natalie M. Higgins relative to healthcare access and affordability for patients. Financial Services.
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SECTION 1. Sections 131 and 226 of chapter 139 of the acts of 2012 are hereby repealed.
SECTION 2: Chapter 176O of the General Laws is hereby amended by adding the following section:-
Section 30. (a) For the purposes of this section, “estimated rebate” shall mean (1) negotiated price concessions including, but not limited to, base rebates and reasonable estimates of any price protection rebates and performance-based rebates that may accrue, directly or indirectly, to a carrier during the plan year from a pharmaceutical manufacturer, dispensing pharmacy, or other party to the transaction based on the amounts the carrier receives in the prior quarter or reasonably expects to receive in the current quarter; and (2) reasonable estimates of any fees and other administrative costs that are passed through to the carrier and serve to reduce the carrier's prescription drug liabilities for the plan year based on the amounts the carrier received in the prior quarter or reasonably expects to receive in the current quarter.
(b) A carrier shall annually certify to the commissioner that, during the prior plan year, the carrier made available to the insured at least 80 percent of the estimated rebates received by such carrier by reducing the amount of cost sharing that it would otherwise charge at the point of sale except that the reduction amount shall not result in a credit at the point of sale. Neither the insured nor the carrier is responsible for any difference between the estimated rebate amount and the actual rebate amount the carrier receives provided that such estimates were calculated in good faith.
(c) Beginning April 1, 2026 and annually thereafter, a carrier shall file with the division a report in the manner and form determined by the commissioner demonstrating the manner in which the carrier has complied with this section. If the commissioner determines that a carrier has not complied with one or more requirements of this section, the commissioner shall notify the carrier of such noncompliance and a date by which the carrier must demonstrate compliance. If the carrier does not come into compliance by such date, the division shall impose a fine not to exceed $5,000 for each day during which such noncompliance continues.
(d) In making the disclosures required under this section, a carrier shall not publish or otherwise reveal information regarding, or that can be reasonably be calculated to reveal, the amount of rebates it receives, including, but not limited to, information regarding the amount of rebates it receives on a product-, manufacturer-, or pharmacy-specific basis. Such information shall be considered to be a trade secret and confidential commercial information, and shall not be a public record and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. A carrier shall impose the confidentiality provision of this subsection on any vendor or third party that performs any services on behalf of the carrier and that may receive or have access to rebate or estimated rebate information.
(e) The commissioner shall adopt any written policies, procedures or regulations the commissioner determines necessary to implement this section.
SECTION 3. (a) Notwithstanding any general or special law to the contrary, the health policy commission, together with the secretary of the executive office of health and human services, shall conduct an analysis and issue a report on the future of cell and gene therapy in the commonwealth with the objective of addressing anticipated barriers to access that may exist with respect to such treatments for patients covered by MassHealth programs and other vulnerable populations. The analysis and report shall include, but not be limited to:
(1) a projection of the estimated total number of cell and gene therapy products, including information on the diseases and conditions such products will be approved to treat (including the total estimated number of lives impacted in the commonwealth, and the total number receiving care under MassHealth), that are expected to come to market in the U.S. (hereinafter the “products”) during a forecast period of 2025 to 2035 (hereinafter, the “forecast period”);
(2) an assessment of existing reimbursement frameworks and methodologies employed by MassHealth for the products to the extent purchased by health care facilities for administration to MassHealth beneficiaries during inpatient hospital stays;
(3) an assessment of whether the reimbursement frameworks and methodologies identified in subdivision (2) would lead to barriers to access to the products during the forecast period in light of the projected costs to the Massachusetts health care system associated with the utilization of the products, and whether such barriers to access, if any, would disproportionately impact MassHealth beneficiaries or other vulnerable populations, including population groups that may be more likely to have adverse health outcomes due to experience with historic disparities or discrimination, including racial or ethnic minority population groups;
(4) An assessment of whether the health care facility infrastructure in place and planned for development during the forecast period, and that is necessary of the administration of the products, will be adequate to ensure equitable access for patients in need of treatment with the products.
(b) To the extent that the analysis required under subdivision (3) of subsection (a) identifies any barriers to access, the commission and the secretary shall analyze and report on the reasons for such barriers and shall propose corrective policy solutions. If any identified barriers are the result of or otherwise related to current MassHealth reimbursement methodologies for gene and cell therapies, the commission and the secretary shall propose modifications to such methodologies to the extent authorized under Federal law. Such proposed modifications shall address and be designed to eliminate any disproportionate impact of the access barriers on MassHealth beneficiaries or other vulnerable populations.
(c) In conducting the analysis and producing the report as required by subsection (a), the secretary and the commission shall consult with the Massachusetts Biotechnology Council or a designee, the Massachusetts Hospital Association or a designee, the Conference of Boston Teaching Hospitals or a designee, and the rare disease advisory council established pursuant to section 26 of chapter 260 of the acts of 2020.
(d) The report shall be made available electronically on the commission’s website, and shall be filed with the secretary of administration and finance, the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on health care financing no later than July 30, 2025.
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An Act relative to transparency of hospital margins & ensuring hospital efficiency
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H979
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HD1374
| 193
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{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:09:33.75'}
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[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:09:33.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H979/DocumentHistoryActions
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Bill
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By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 979) of Mark J. Cusack relative to the public reporting of hospital margins. Financial Services.
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SECTION 1. Chapter 12C of the General Laws, as so appearing in the 2020 edition, is hereby amended by inserting after section 8 the following new section:-
8A. Reporting of Hospital Margins
(a) If in any fiscal year, an Acute Hospital, as defined in this chapter, reports to the center an operating margin that exceeds 5 percent, the center shall hold a public hearing within 60 days. The Acute Hospital shall submit testimony on its overall financial condition and the continued need to sustain an operating margin that exceeds 5 percent. The Acute Hospital shall also submit testimony on efforts the Acute Hospital is making to advance health care cost containment and health care quality improvement; and whether, and in what proportion to the total operating margin, the Acute Hospital will dedicate any funds to reducing health care costs. The center shall review such testimony and issue a final report on the results of the hearing. In implementing the requirements of this Section, the center shall utilize data collected by hospitals pursuant to the requirements of Section 2 of this act.
(b) The center for health information and analysis shall examine hospital efficiency for all hospitals under section 8 of chapter 12C of the General Laws by annually publishing the margins for hospitals for commercial, Medicare and Medicaid lines of business and utilizing data submitted as part of the Registered Provider Organization process to report on the underlying cost structure for hospitals.
(c) Academic medical centers shall report to the center for health information analysis and the health policy commission information on the portion of revenues and expenses that are devoted to teaching and research. The center shall annually issue a report on the case-mix of hospitals and the relationship of case-mix to commercial reimbursements.
SECTION 2. Notwithstanding any special or general law to the contrary, the center for health and information and analysis, in consultation with the division of insurance, shall promulgate regulations on or before July 1, 2023 to establish a uniform methodology for calculating and reporting inpatient and outpatient costs, including direct and indirect costs, for all hospitals under section 8 (8A) of chapter 12C of the General Laws. The center shall, as necessary and appropriate, promulgate regulations or amendments to its existing regulations to require hospitals to report cost and cost trend information in a uniform manner including, but not limited to, uniform methodologies for reporting the cost and cost trend for categories of direct labor, debt service, depreciation, advertising and marketing, bad debt, stop-loss insurance, malpractice insurance, health information technology, medical management, development, fundraising, research, academic costs, charitable contributions, and operating margins for all commercial business and for all state and federal government business, including but not limited to Medicaid, Medicare, insurance through the group insurance commission and federal Civilian Health and Medical Program of the Uniformed Services. The center shall, before adopting regulations under this section, consult with the group insurance commission, the Centers for Medicare and Medicaid Services, the attorney general, and representatives from the Massachusetts Hospital Association, the Massachusetts Medical Society, the Massachusetts Association of Health Plans, the Blue Cross and Blue Shield of Massachusetts, the Massachusetts Health Information Management Association, and the Massachusetts Health Data Consortium.
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An Act protecting the viability of farms in the Commonwealth
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H98
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HD989
| 193
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{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:45:33.757'}
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[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:45:33.7566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T11:16:47.7766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H98/DocumentHistoryActions
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Bill
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By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 98) of Paul A. Schmid, III and James C. Arena-DeRosa relative to the impact of proposed rules and regulations on commercial agricultural operations. Agriculture.
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SECTION 1. Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following:-
Section 18. All state and regional agencies, boards and commissions shall, before any rule, regulation, or other regulatory requirement is promulgated, make public and post in writing whether such rule, regulation, or other regulatory requirement will potentially have an adverse impact on commercial agricultural operations based in the Commonwealth. For the purposes of this section, “agricultural” shall mean pertaining to agriculture as defined in section one A of chapter one hundred and twenty-eight. Further, if such rule, regulation, or other regulatory requirement is determined to have such a potential impact on agriculture, the responsible agency, board, or commission, in conjunction with the department of food and agriculture, shall conduct an impact assessment to determine the extent of such impact, including, but not limited to, the effect on future land use and related environmental impacts, including costs, and submit to the joint committee on natural resources and agriculture and to the house and senate committees on ways and means a copy of their findings at least forty-five days prior to promulgation.
All city and town agencies, boards, and commissions shall, before enacting any rule, regulation, law, bylaw, ordinance, or other regulatory requirement that will potentially have an adverse impact on commercial agricultural operations based in the Commonwealth, complete a form prescribed by the department of food and agriculture at least ninety days prior to final enactment of the regulatory requirement. In the case of by-laws, ordinances, and other requirements subject to review by the Attorney General, such form shall be submitted to the department of food and agriculture on the same date a by-law, ordinance, or other requirement is submitted to the Attorney General. No regulatory action described in this section, except those of an emergency nature expiring in six months or less for the purposes of protecting health and safety of persons, shall take effect until the provisions of this section have been complied with.
If the impact assessment yields that such proposed rule, regulation, or other regulatory requirement will have a negative impact of $500 per year and/or 20 hours per year in labor in cost a copy of these findings shall be submitted to the board of agriculture for comments and suggestions to mitigate such cost or negative impact and their findings are to be returned to the joint committee on natural resources and agriculture and to the house and senate committees on ways and means no more than 15 days prior to promulgation.
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An Act relative to the safety of autistic and alzheimer individuals
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H980
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HD59
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:55:27.44'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:55:27.44'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T14:28:03.5833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-24T10:50:38.4533333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:04:44.4733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:41:34.36'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:04:35.2133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:26:52.08'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:56:51.6166667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:23:45.1633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H980/DocumentHistoryActions
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 980) of Josh S. Cutler and others for legislation to provide insurance coverage for the use of electronic tracking devices to protect the safety of persons with Autism spectrum disorder or Alzheimer’s disease. Financial Services.
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SECTION 1: Chapter 118E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 9C the following section:-
Section 9D. (a) Definitions. As used in the section:
(i) “Technology-Assisted Tracking Device” shall mean any wearable device that complies with the following imperatives:
a)Waterproof and able to function under water (which is a major destination as seen above), compliant with IP66 and IP68 standards
b) Works indoors or under cover (Radio Frequency is the best technology for this), and does not need direct line of sight to the sky (GPS)
c) Not dependent on third-party public communication networks (such as cellular, GSM, GPRS, or similar as these are NOT prevalent everywhere)
d) Wrist or ankle strap needs to be tamper-resistant, but changeable by the caregiver directly
e) System specifics need to avoid false alarms in order not to waste LE and SAR time, and have a patient specific code for each device so as to avoid mistaken identities
(b) A health benefit plan shall provide full coverage, subject to all applicable co-payments, coinsurance, deductibles, and out-of-pocket limits, for insured individuals who are diagnosed by a license physician with dementia, Alzheimer's disease, or Autism spectrum Disorder, to obtain a Technology-Assisted Tracking Device if they or their guardian choose.
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An Act relative to notices by insurance companies
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H981
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HD3939
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:30:10.723'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:30:10.7233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H981/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 981) of Michael S. Day relative to electronic notices of the cancellation, renewal or nonrenewal of insurance policies. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by adding after section 187H the following new section: -
Section 187I. Notwithstanding any other provision of law relative to the cancellation, renewal or nonrenewal of an insurance policy, any insurance company may, with the agreement of the named insured, provide such notice by electronic means.
SECTION 2. This act shall take effect on passage.
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An Act relative to non-medical switching
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H982
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HD3943
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:33:20.847'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:33:20.8466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-10T17:25:12.7266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-07-10T17:25:12.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H982/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 982) of Michael S. Day relative to changes to health benefit plans that cause certain covered persons to switch to less costly alternate prescription drugs. Financial Services.
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Section 1. Chapter 175 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 229 the following section:-
Section 230.
1. Definitions. For the purpose of this section:
a. “Commissioner” means the commissioner of insurance.
b. “Cost sharing” means any coverage limit, copayment, coinsurance, deductible, or other out-of-pocket expense requirement.
c. “Coverage exemption” means a determination made by a health carrier, health benefit plan, or utilization review organization to cover a prescription drug that is otherwise excluded from coverage.
d. “Coverage exemption determination” means a determination made by a health carrier, health benefit plan, or utilization review organization whether to cover a prescription drug that is otherwise excluded from coverage.
e. “Covered person” means the same as defined in section 1 of Chapter 176J.
f. “Discontinued health benefit plan” means a covered person’s existing health benefit plan that is discontinued by a health carrier during open enrollment for the next plan year.
g. “Formulary” means a complete list of prescription drugs eligible for coverage under a health benefit plan.
h. “Health benefit plan” means the same as defined in section 1 of Chapter 176 J.
i. “Health care professional” means the same as defined in section 1 of Chapter 176O.
j. “Health care services” means the same as defined in section 1 of Chapter 176O.
k. “Health carrier” means the same as defined in section 1 of Chapter 176O.
l. “Nonmedical switching” means a health benefit plan’s restrictive changes to the health benefit plan’s formulary after the current plan year has begun or during the open enrollment period for the upcoming plan year, causing a covered person who is medically stable on the covered person’s current prescribed drug, inclusive of changes to the drug dosage, as determined by the prescribing health care professional, to switch to a less costly alternate prescription drug.
m. “Open enrollment” means the yearly time period an individual can enroll in a health benefit plan.
n. “Utilization review” means the same as defined in section 1 of Chapter 176O.
o. “Utilization review organization” means the same as defined in section 1 1 of Chapter 176O.
2. Nonmedical switching. With respect to a health carrier that has entered into a health benefit plan with a covered person that covers prescription drug benefits, all of the following apply:
a. A health carrier, health benefit plan, or utilization review organization shall not limit or exclude coverage of a prescription drug for any covered person who is medically stable on such drug as determined by the prescribing health care professional, if all of the following apply:
(1) The prescription drug was previously approved by the health carrier for coverage for the covered person.
(2) The covered person’s prescribing health care professional has prescribed the drug for the medical condition within the previous six months.
(3) The covered person continues to be an enrollee of the health benefit plan.
b. Coverage of a covered person’s prescription drug, as described in paragraph “a”, shall continue through the last day of the covered person’s eligibility under the health benefit plan, inclusive of any open enrollment period.
c. Prohibited limitations and exclusions referred to in paragraph “a” include but are not limited to the following:
(1) Limiting or reducing the maximum coverage of prescription drug benefits.
(2) Increasing cost sharing for a covered prescription drug.
(3) Moving a prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(4) Removing a prescription drug from a formulary, unless the United States food and drug administration has issued a statement about the drug that calls into question the clinical safety of the drug, or the manufacturer of the drug has notified the United States food and drug administration of a manufacturing discontinuance or potential discontinuance of the drug as required by section 506C of the Federal Food, Drug, and Cosmetic Act, as codified in 21 U.S.C. §356c.
3. Coverage exemption determination process.
a. To ensure continuity of care, a health carrier, health plan, or utilization review organization shall provide a covered person and prescribing health care professional with access to a clear and convenient process to request a coverage exemption determination. A health carrier, health plan, or utilization review organization may use its existing medical exceptions process to satisfy this requirement. The process used shall be easily accessible on the internet site of the health carrier, health benefit plan, or utilization review organization.
b. A health carrier, health benefit plan, or utilization review organization shall respond to a coverage exemption determination request within seventy-two hours of receipt. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall respond within twenty-four hours of receipt. If a response by a health carrier, health benefit plan, or utilization review organization is not received within the applicable time period, the coverage exemption shall be deemed granted.
(1) A coverage exemption shall be expeditiously granted for a discontinued health benefit plan if a covered person enrolls in a comparable plan offered by the same health carrier, and all of the following conditions apply:
(a) The covered person is medically stable on a prescription drug as determined by the prescribing health care professional.
(b) The prescribing health care professional continues to prescribe the drug for the covered person for the medical condition.
(c) In comparison to the discontinued health benefit plan, the new health benefit plan does any of the following:
(i) Limits or reduces the maximum coverage of prescription drug benefits.
(ii) Increases cost sharing for the prescription drug.
(iii) Moves the prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(iv) Excludes the prescription drug from the formulary.
c. Upon granting of a coverage exemption for a drug prescribed by a covered person’s prescribing health care professional, a health carrier, health benefit plan, or utilization review organization shall authorize coverage no more restrictive than that offered in a discontinued health benefit plan, or than that offered prior to implementation of restrictive changes to the health benefit plan’s formulary after the current plan year began.
d. If a determination is made to deny a request for a coverage exemption, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or the covered person’s authorized representative and the authorized person’s prescribing health care professional with the reason for denial and information regarding the procedure to appeal the denial. Any determination to deny a coverage exemption may be appealed by a covered person or the covered person’s authorized representative.
e. A health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within seventy-two hours of receipt of an appeal of denial. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within twenty-four hours of receipt. If the determination to deny a coverage exemption is not upheld or reversed on appeal within the applicable time period, the denial shall be deemed reversed and the coverage exemption shall be deemed approved.
f. If a determination to deny a coverage exemption is upheld on appeal, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or covered person’s authorized representative and the covered person’s prescribing health care professional with the reason for upholding the denial on appeal and information regarding the procedure to request external review of the denial pursuant to chapter 514J. Any denial of a request for a coverage exemption that is upheld on appeal shall be considered a final adverse determination for purposes of chapter 514J and is eligible for a request for external review by a covered person or the covered person’s authorized representative pursuant to chapter 514J.
4. Limitations. This section shall not be construed to do any of the following:
a. Prevent a health care professional from prescribing another drug covered by the health carrier that the health care professional deems medically necessary for the covered person.
b. Prevent a health carrier from doing any of the following:
(1) Adding a prescription drug to its formulary.
(2) Removing a prescription drug from its formulary if the drug manufacturer has removed the drug for sale in the United States.
(3) Requiring a pharmacist to effect a substitution of a generic or interchangeable biological drug product pursuant to section 12EE Chapter 112.
5. Enforcement. The commissioner may take any enforcement action under the commissioner’s authority to enforce compliance with this section.
6. Applicability. This section is applicable to a health benefit plan that is delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2022.
Section 2. Chapter 176A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 37 the following section:-
Section 38.
1. Definitions. For the purpose of this section:
a. “Commissioner” means the commissioner of insurance.
b. “Cost sharing” means any coverage limit, copayment, coinsurance, deductible, or other out-of-pocket expense requirement.
c. “Coverage exemption” means a determination made by a health carrier, health benefit plan, or utilization review organization to cover a prescription drug that is otherwise excluded from coverage.
d. “Coverage exemption determination” means a determination made by a health carrier, health benefit plan, or utilization review organization whether to cover a prescription drug that is otherwise excluded from coverage.
e. “Covered person” means the same as defined in section 1 of Chapter 176I.
f. “Discontinued health benefit plan” means a covered person’s existing health benefit plan that is discontinued by a health carrier during open enrollment for the next plan year.
g. “Formulary” means a complete list of prescription drugs eligible for coverage under a health benefit plan.
h. “Health benefit plan” means the same as defined in section 1 of Chapter 176I.
i. “Health care professional” means the same as defined in section 1 of Chapter 176O.
j. “Health care services” means the same as defined in section 1 of Chapter 176O.
k. “Health carrier” means the same as defined in section 1 of Chapter 176O.
l. “Nonmedical switching” means a health benefit plan’s restrictive changes to the health benefit plan’s formulary after the current plan year has begun or during the open enrollment period for the upcoming plan year, causing a covered person who is medically stable on the covered person’s current prescribed drug, inclusive of changes to the drug dosage, as determined by the prescribing health care professional, to switch to a less costly alternate prescription drug.
m. “Open enrollment” means the yearly time period an individual can enroll in a health benefit plan.
n. “Utilization review” means the same as defined in section 1 of Chapter 176O.
o. “Utilization review organization” means the same as defined in section 1 of Chapter 176O.
2. Nonmedical switching. With respect to a health carrier that has entered into a health benefit plan with a covered person that covers prescription drug benefits, all of the following apply:
a. A health carrier, health benefit plan, or utilization review organization shall not limit or exclude coverage of a prescription drug for any covered person who is medically stable on such drug as determined by the prescribing health care professional, if all of the following apply:
(1) The prescription drug was previously approved by the health carrier for coverage for the covered person.
(2) The covered person’s prescribing health care professional has prescribed the drug for the medical condition within the previous six months.
(3) The covered person continues to be an enrollee of the health benefit plan.
b. Coverage of a covered person’s prescription drug, as described in paragraph “a”, shall continue through the last day of the covered person’s eligibility under the health benefit plan, inclusive of any open enrollment period.
c. Prohibited limitations and exclusions referred to in paragraph “a” include but are not limited to the following:
(1) Limiting or reducing the maximum coverage of prescription drug benefits.
(2) Increasing cost sharing for a covered prescription drug.
(3) Moving a prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(4) Removing a prescription drug from a formulary, unless the United States food and drug administration has issued a statement about the drug that calls into question the clinical safety of the drug, or the manufacturer of the drug has notified the United States food and drug administration of a manufacturing discontinuance or potential discontinuance of the drug as required by section 506C of the Federal Food, Drug, and Cosmetic Act, as codified in 21 U.S.C. §356c.
3. Coverage exemption determination process.
a. To ensure continuity of care, a health carrier, health plan, or utilization review organization shall provide a covered person and prescribing health care professional with access to a clear and convenient process to request a coverage exemption determination. A health carrier, health plan, or utilization review organization may use its existing medical exceptions process to satisfy this requirement. The process used shall be easily accessible on the internet site of the health carrier, health benefit plan, or utilization review organization.
b. A health carrier, health benefit plan, or utilization review organization shall respond to a coverage exemption determination request within seventy-two hours of receipt. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall respond within twenty-four hours of receipt. If a response by a health carrier, health benefit plan, or utilization review organization is not received within the applicable time period, the coverage exemption shall be deemed granted.
(1) A coverage exemption shall be expeditiously granted for a discontinued health benefit plan if a covered person enrolls in a comparable plan offered by the same health carrier, and all of the following conditions apply:
(a) The covered person is medically stable on a prescription drug as determined by the prescribing health care professional.
(b) The prescribing health care professional continues to prescribe the drug for the covered person for the medical condition.
(c) In comparison to the discontinued health benefit plan, the new health benefit plan does any of the following:
(i) Limits or reduces the maximum coverage of prescription drug benefits.
(ii) Increases cost sharing for the prescription drug.
(iii) Moves the prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(iv) Excludes the prescription drug from the formulary.
c. Upon granting of a coverage exemption for a drug prescribed by a covered person’s prescribing health care professional, a health carrier, health benefit plan, or utilization review organization shall authorize coverage no more restrictive than that offered in a discontinued health benefit plan, or than that offered prior to implementation of restrictive changes to the health benefit plan’s formulary after the current plan year began.
d. If a determination is made to deny a request for a coverage exemption, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or the covered person’s authorized representative and the authorized person’s prescribing health care professional with the reason for denial and information regarding the procedure to appeal the denial. Any determination to deny a coverage exemption may be appealed by a covered person or the covered person’s authorized representative.
e. A health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within seventy-two hours of receipt of an appeal of denial. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within twenty-four hours of receipt. If the determination to deny a coverage exemption is not upheld or reversed on appeal within the applicable time period, the denial shall be deemed reversed and the coverage exemption shall be deemed approved.
f. If a determination to deny a coverage exemption is upheld on appeal, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or covered person’s authorized representative and the covered person’s prescribing health care professional with the reason for upholding the denial on appeal and information regarding the procedure to request external review of the denial pursuant to chapter 514J. Any denial of a request for a coverage exemption that is upheld on appeal shall be considered a final adverse determination for purposes of chapter 514J and is eligible for a request for external review by a covered person or the covered person’s authorized representative pursuant to chapter 514J.
4. Limitations. This section shall not be construed to do any of the following:
a. Prevent a health care professional from prescribing another drug covered by the health carrier that the health care professional deems medically necessary for the covered person.
b. Prevent a health carrier from doing any of the following:
(1) Adding a prescription drug to its formulary.
(2) Removing a prescription drug from its formulary if the drug manufacturer has removed the drug for sale in the United States.
(3) Requiring a pharmacist to effect a substitution of a generic or interchangeable biological drug product pursuant to section section 12EE of Chapter 112.
5. Enforcement. The commissioner may take any enforcement action under the commissioner’s authority to enforce compliance with this section.
6. Applicability. This section is applicable to a health benefit plan that is delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2022.
Section 3. Chapter 176B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 24 the following section:-
Section 25.
1. Definitions. For the purpose of this section:
a. “Commissioner” means the commissioner of insurance.
b. “Cost sharing” means any coverage limit, copayment, coinsurance, deductible, or other out-of-pocket expense requirement.
c. “Coverage exemption” means a determination made by a health carrier, health benefit plan, or utilization review organization to cover a prescription drug that is otherwise excluded from coverage.
d. “Coverage exemption determination” means a determination made by a health carrier, health benefit plan, or utilization review organization whether to cover a prescription drug that is otherwise excluded from coverage.
e. “Covered person” means the same as defined in section 1 of Chapter 176I.
f. “Discontinued health benefit plan” means a covered person’s existing health benefit plan that is discontinued by a health carrier during open enrollment for the next plan year.
g. “Formulary” means a complete list of prescription drugs eligible for coverage under a health benefit plan.
h. “Health benefit plan” means the same as defined in section 1 of Chapter 176I.
i. “Health care professional” means the same as defined in section 1 of Chapter 176O.
j. “Health care services” means the same as defined in section 1 of Chapter 176O.
k. “Health carrier” means the same as defined in section 1 of Chapter 176O.
l. “Nonmedical switching” means a health benefit plan’s restrictive changes to the health benefit plan’s formulary after the current plan year has begun or during the open enrollment period for the upcoming plan year, causing a covered person who is medically stable on the covered person’s current prescribed drug, inclusive of changes to the drug dosage, as determined by the prescribing health care professional, to switch to a less costly alternate prescription drug.
m. “Open enrollment” means the yearly time period an individual can enroll in a health benefit plan.
n. “Utilization review” means the same as defined in section 1 of Chapter 176O.
o. “Utilization review organization” means the same as defined in section 1 of Chapter 176O.
2. Nonmedical switching. With respect to a health carrier that has entered into a health benefit plan with a covered person that covers prescription drug benefits, all of the following apply:
a. A health carrier, health benefit plan, or utilization review organization shall not limit or exclude coverage of a prescription drug for any covered person who is medically stable on such drug as determined by the prescribing health care professional, if all of the following apply:
(1) The prescription drug was previously approved by the health carrier for coverage for the covered person.
(2) The covered person’s prescribing health care professional has prescribed the drug for the medical condition within the previous six months.
(3) The covered person continues to be an enrollee of the health benefit plan.
b. Coverage of a covered person’s prescription drug, as described in paragraph “a”, shall continue through the last day of the covered person’s eligibility under the health benefit plan, inclusive of any open enrollment period.
c. Prohibited limitations and exclusions referred to in paragraph “a” include but are not limited to the following:
(1) Limiting or reducing the maximum coverage of prescription drug benefits.
(2) Increasing cost sharing for a covered prescription drug.
(3) Moving a prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(4) Removing a prescription drug from a formulary, unless the United States food and drug administration has issued a statement about the drug that calls into question the clinical safety of the drug, or the manufacturer of the drug has notified the United States food and drug administration of a manufacturing discontinuance or potential discontinuance of the drug as required by section 506C of the Federal Food, Drug, and Cosmetic Act, as codified in 21 U.S.C. §356c.
3. Coverage exemption determination process.
a. To ensure continuity of care, a health carrier, health plan, or utilization review organization shall provide a covered person and prescribing health care professional with access to a clear and convenient process to request a coverage exemption determination. A health carrier, health plan, or utilization review organization may use its existing medical exceptions process to satisfy this requirement. The process used shall be easily accessible on the internet site of the health carrier, health benefit plan, or utilization review organization.
b. A health carrier, health benefit plan, or utilization review organization shall respond to a coverage exemption determination request within seventy-two hours of receipt. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall respond within twenty-four hours of receipt. If a response by a health carrier, health benefit plan, or utilization review organization is not received within the applicable time period, the coverage exemption shall be deemed granted.
(1) A coverage exemption shall be expeditiously granted for a discontinued health benefit plan if a covered person enrolls in a comparable plan offered by the same health carrier, and all of the following conditions apply:
(a) The covered person is medically stable on a prescription drug as determined by the prescribing health care professional.
(b) The prescribing health care professional continues to prescribe the drug for the covered person for the medical condition.
(c) In comparison to the discontinued health benefit plan, the new health benefit plan does any of the following:
(i) Limits or reduces the maximum coverage of prescription drug benefits.
(ii) Increases cost sharing for the prescription drug.
(iii) Moves the prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(iv) Excludes the prescription drug from the formulary.
c. Upon granting of a coverage exemption for a drug prescribed by a covered person’s prescribing health care professional, a health carrier, health benefit plan, or utilization review organization shall authorize coverage no more restrictive than that offered in a discontinued health benefit plan, or than that offered prior to implementation of restrictive changes to the health benefit plan’s formulary after the current plan year began.
d. If a determination is made to deny a request for a coverage exemption, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or the covered person’s authorized representative and the authorized person’s prescribing health care professional with the reason for denial and information regarding the procedure to appeal the denial. Any determination to deny a coverage exemption may be appealed by a covered person or the covered person’s authorized representative.
e. A health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within seventy-two hours of receipt of an appeal of denial. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within twenty-four hours of receipt. If the determination to deny a coverage exemption is not upheld or reversed on appeal within the applicable time period, the denial shall be deemed reversed and the coverage exemption shall be deemed approved.
f. If a determination to deny a coverage exemption is upheld on appeal, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or covered person’s authorized representative and the covered person’s prescribing health care professional with the reason for upholding the denial on appeal and information regarding the procedure to request external review of the denial pursuant to chapter 514J. Any denial of a request for a coverage exemption that is upheld on appeal shall be considered a final adverse determination for purposes of chapter 514J and is eligible for a request for external review by a covered person or the covered person’s authorized representative pursuant to chapter 514J.
4. Limitations. This section shall not be construed to do any of the following:
a. Prevent a health care professional from prescribing another drug covered by the health carrier that the health care professional deems medically necessary for the covered person.
b. Prevent a health carrier from doing any of the following:
(1) Adding a prescription drug to its formulary.
(2) Removing a prescription drug from its formulary if the drug manufacturer has removed the drug for sale in the United States.
(3) Requiring a pharmacist to effect a substitution of a generic or interchangeable biological drug product pursuant to section 12EE of Chapter 112.
5. Enforcement. The commissioner may take any enforcement action under the commissioner’s authority to enforce compliance with this section.
6. Applicability. This section is applicable to a health benefit plan that is delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2025.
Section 4. Chapter 1776G of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 32 the following section:-
Section 33.
1. Definitions. For the purpose of this section:
a. “Commissioner” means the commissioner of insurance.
b. “Cost sharing” means any coverage limit, copayment, coinsurance, deductible, or other out-of-pocket expense requirement.
c. “Coverage exemption” means a determination made by a health carrier, health benefit plan, or utilization review organization to cover a prescription drug that is otherwise excluded from coverage.
d. “Coverage exemption determination” means a determination made by a health carrier, health benefit plan, or utilization review organization whether to cover a prescription drug that is otherwise excluded from coverage.
e. “Covered person” means the same as defined in section 1 of Chapter 176J.
f. “Discontinued health benefit plan” means a covered person’s existing health benefit plan that is discontinued by a health carrier during open enrollment for the next plan year.
g. “Formulary” means a complete list of prescription drugs eligible for coverage under a health benefit plan.
h. “Health benefit plan” means the same as defined in section 1 of Chapter 176J.
i. “Health care professional” means the same as defined in section 1 of Chapter 176O.
j. “Health care services” means the same as defined in section 1 of Chapter 176O.
k. “Health carrier” means the same as defined in section 1 of Chapter 176O.
l. “Nonmedical switching” means a health benefit plan’s restrictive changes to the health benefit plan’s formulary after the current plan year has begun or during the open enrollment period for the upcoming plan year, causing a covered person who is medically stable on the covered person’s current prescribed drug, inclusive of changes to the drug dosage, as determined by the prescribing health care professional, to switch to a less costly alternate prescription drug.
m. “Open enrollment” means the yearly time period an individual can enroll in a health benefit plan.
n. “Utilization review” means the same as defined in section 1 of Chapter 176O.
o. “Utilization review organization” means the same as defined in section 1 of Chapter 176O.
2. Nonmedical switching. With respect to a health carrier that has entered into a health benefit plan with a covered person that covers prescription drug benefits, all of the following apply:
a. A health carrier, health benefit plan, or utilization review organization shall not limit or exclude coverage of a prescription drug for any covered person who is medically stable on such drug as determined by the prescribing health care professional, if all of the following apply:
(1) The prescription drug was previously approved by the health carrier for coverage for the covered person.
(2) The covered person’s prescribing health care professional has prescribed the drug for the medical condition within the previous six months.
(3) The covered person continues to be an enrollee of the health benefit plan.
b. Coverage of a covered person’s prescription drug, as described in paragraph “a”, shall continue through the last day of the covered person’s eligibility under the health benefit plan, inclusive of any open enrollment period.
c. Prohibited limitations and exclusions referred to in paragraph “a” include but are not limited to the following:
(1) Limiting or reducing the maximum coverage of prescription drug benefits.
(2) Increasing cost sharing for a covered prescription drug.
(3) Moving a prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(4) Removing a prescription drug from a formulary, unless the United States food and drug administration has issued a statement about the drug that calls into question the clinical safety of the drug, or the manufacturer of the drug has notified the United States food and drug administration of a manufacturing discontinuance or potential discontinuance of the drug as required by section 506C of the Federal Food, Drug, and Cosmetic Act, as codified in 21 U.S.C. §356c.
3. Coverage exemption determination process.
a. To ensure continuity of care, a health carrier, health plan, or utilization review organization shall provide a covered person and prescribing health care professional with access to a clear and convenient process to request a coverage exemption determination. A health carrier, health plan, or utilization review organization may use its existing medical exceptions process to satisfy this requirement. The process used shall be easily accessible on the internet site of the health carrier, health benefit plan, or utilization review organization.
b. A health carrier, health benefit plan, or utilization review organization shall respond to a coverage exemption determination request within seventy-two hours of receipt. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall respond within twenty-four hours of receipt. If a response by a health carrier, health benefit plan, or utilization review organization is not received within the applicable time period, the coverage exemption shall be deemed granted.
(1) A coverage exemption shall be expeditiously granted for a discontinued health benefit plan if a covered person enrolls in a comparable plan offered by the same health carrier, and all of the following conditions apply:
(a) The covered person is medically stable on a prescription drug as determined by the prescribing health care professional.
(b) The prescribing health care professional continues to prescribe the drug for the covered person for the medical condition.
(c) In comparison to the discontinued health benefit plan, the new health benefit plan does any of the following:
(i) Limits or reduces the maximum coverage of prescription drug benefits.
(ii) Increases cost sharing for the prescription drug.
(iii) Moves the prescription drug to a more restrictive tier if the health carrier uses a formulary with tiers.
(iv) Excludes the prescription drug from the formulary.
c. Upon granting of a coverage exemption for a drug prescribed by a covered person’s prescribing health care professional, a health carrier, health benefit plan, or utilization review organization shall authorize coverage no more restrictive than that offered in a discontinued health benefit plan, or than that offered prior to implementation of restrictive changes to the health benefit plan’s formulary after the current plan year began.
d. If a determination is made to deny a request for a coverage exemption, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or the covered person’s authorized representative and the authorized person’s prescribing health care professional with the reason for denial and information regarding the procedure to appeal the denial. Any determination to deny a coverage exemption may be appealed by a covered person or the covered person’s authorized representative.
e. A health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within seventy-two hours of receipt of an appeal of denial. In cases where exigent circumstances exist, a health carrier, health benefit plan, or utilization review organization shall uphold or reverse a determination to deny a coverage exemption within twenty-four hours of receipt. If the determination to deny a coverage exemption is not upheld or reversed on appeal within the applicable time period, the denial shall be deemed reversed and the coverage exemption shall be deemed approved.
f. If a determination to deny a coverage exemption is upheld on appeal, the health carrier, health benefit plan, or utilization review organization shall provide the covered person or covered person’s authorized representative and the covered person’s prescribing health care professional with the reason for upholding the denial on appeal and information regarding the procedure to request external review of the denial pursuant to chapter 514J. Any denial of a request for a coverage exemption that is upheld on appeal shall be considered a final adverse determination for purposes of chapter 514J and is eligible for a request for external review by a covered person or the covered person’s authorized representative pursuant to chapter 514J.
4. Limitations. This section shall not be construed to do any of the following:
a. Prevent a health care professional from prescribing another drug covered by the health carrier that the health care professional deems medically necessary for the covered person.
b. Prevent a health carrier from doing any of the following:
(1) Adding a prescription drug to its formulary.
(2) Removing a prescription drug from its formulary if the drug manufacturer has removed the drug for sale in the United States.
(3) Requiring a pharmacist to effect a substitution of a generic or interchangeable biological drug product pursuant to section 12EE of Chapter 112.
5. Enforcement. The commissioner may take any enforcement action under the commissioner’s authority to enforce compliance with this section.
6. Applicability. This section is applicable to a health benefit plan that is delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2025.
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An Act relative to automobile insurance premiums
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H983
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HD3945
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:35:44.693'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:35:44.6933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H983/DocumentHistoryActions
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 983) of Michael S. Day relative to motor vehicle insurance premiums. Financial Services.
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SECTION 1. Section 113B of chapter 175 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking, in lines 199 and 210, the figure “5” and inserting in place thereof, in each instance, the following figure:- 3.
SECTION 2. Said section 113B of said chapter 175, as so appearing, is hereby further amended by inserting after the word “accidents”, in line 201, the following words:- , provided that an upward premium adjustment based on the driver’s first at-fault accident shall not exceed 35 per cent of the existing premium.
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An Act relative to access to care for serious mental illness
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H984
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HD2336
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:17:50.783'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:17:50.7833333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-06-13T11:32:21.0266667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-28T10:11:38.97'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-25T12:04:47.4533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:06:29.9833333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T16:28:25.9566667'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-07-31T13:27:41.1766667'}]
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-25T12:04:47.453'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H984/DocumentHistoryActions
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Bill
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By Representatives Decker of Cambridge and Roy of Franklin, a petition (accompanied by bill, House, No. 984) of Marjorie C. Decker, Jeffrey N. Roy and others relative to access to healthcare coverage for serious mental illness. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47PP the following section:
Section 47QQ.
(a) 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 118M, shall provide coverage for medications used to prevent, assess or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8QQ the following section:
Section 8RR.
(a) 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 118M, shall provide coverage for medications used to prevent, assess or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4QQ the following section:
Section 4RR.
(a) 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 118M, shall provide coverage for medications used to prevent, assess or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.=
SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4I the following section:
Section 4J.
(a) 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 118M, shall provide coverage for medications used to prevent, assess or treat serious mental illness without requiring prior authorization or the initiation or completion of a step therapy protocol.
(b) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
"Serious mental illness" means a mental disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, that results in serious functional impairment that substantially interferes with or limits one or more major life activities.
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An Act increasing access to postpartum home visiting services
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H985
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HD4006
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T14:38:23.687'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T14:38:23.6866667'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-08-23T16:26:09.1233333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T16:21:38.5966667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:36:54.64'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T17:26:51.3833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:27:28.4633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:43:16.6266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T13:33:05.5366667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T14:31:55.5933333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T14:39:21.6166667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:10:18.1166667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:31:51.7166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:08:55.0366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T15:19:28.6633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:38:44.9966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:13:46.52'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-02T10:12:50.7233333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-06-23T12:01:44.36'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:08:14.99'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:21:31.35'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:59:12.4733333'}]
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T14:38:57.55'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H985/DocumentHistoryActions
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Bill
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By Representatives Decker of Cambridge and Tyler of Boston, a petition (accompanied by bill, House, No. 985) of Marjorie C. Decker, Chynah Tyler and others relative to healthcare coverage for postpartum home visiting services. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, is hereby amended by inserting after section 30 the following section:-
Section 31. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the universal postpartum home visiting program administered by the department of public health. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible.
SECTION 2. Chapter 111 is hereby amended by adding after Section 243 the following section:-
Section 244. (a) For the purposes of this section, the following words shall have the following meanings:-
“Department”, the department of public health.
“Provider”, an entity or individual that provides universal postpartum home visiting services.
“Programs”, entities or providers qualified by the department of public health to provide universal postpartum home visiting services.
“Universal postpartum home visiting services”, evidence-based, voluntary home or community-based services for birthing people and caregivers with newborns, regardless of age, income, number of children, or other criteria. Services shall be delivered by a qualified health professional with maternal and child health training, as defined by the department of public health, during at least one visit in the family’s home or a mutually agreed upon location within eight weeks postpartum, and one follow-up visit no later than three months after the first visit. Services shall include, but not be limited to, screenings for unmet health needs including reproductive health services, maternal and infant nutritional needs, substance use, emotional health including postpartum depression personal safety/domestic violence; clinical assessment of the birthing person and infant; brief intervention; education and support; referrals to community resources, such as breastfeeding supports; and follow up phone calls.
(b) The department shall establish and administer a statewide system of programs providing universal postpartum home visiting services. The department shall be the lead agency for the coordination of all government funding, both state and federal, for such programs. The department may contract with agencies, individuals or groups for the provision of such services, subject to appropriation. The department shall begin implementation of the universal newborn nurse home visiting program first in those communities with the greatest inequities in maternal health outcomes, as identified by the department. The department shall scale up the program to achieve universal, statewide access within six years of the passage of this act.
(c) In designing the program designed in subsection (b) of this section, the department shall consult, coordinate, and collaborate, as necessary, with insurers that offer health benefit plans in the commonwealth, MassHealth officials, hospitals, local public health departments, birthing centers, existing early childhood home visiting programs, community-based organizations, and social service providers.
(d) A provider of universal postpartum home visiting services shall determine whether any recipient for whom it provides said services are or may be eligible for coverage of said services through an alternative source. The department is the payer of last resort, and a provider shall request payment for services it provides from third-party payers pursuant to chapters 32A, 118E, 175, 176A, 176B, or 176G of the General Laws, before payment is requested from the department.
(e) The department shall collect and analyze data generated by the program to monitor and assess the effectiveness of universal postpartum home visiting services. The department shall work with other state agencies to develop protocols for sharing data, including the timely sharing of data with primary care providers of care to the families with newborns receiving the services. Programs which are in receipt of state or federal funding for said services shall report such information as requested by the department for the purpose of monitoring, assessing the effectiveness of such programs, initiating quality improvement, and reducing health disparities.
SECTION 3. Chapter 118E of the General Laws, is hereby amended by inserting after section 10N the following section:-
Section 10O. The division and its contracted managed care organizations, accountable care organizations, health plans, integrated care organizations, third-party administrators, or other entities contracting with the division to administer benefits, shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing.
SECTION 3. Chapter 175 of the General Laws, is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. An individual policy of accident and sickness insurance issued pursuant to section 108 that provides hospital expense and surgical expense insurance or a group blanket or general policy of accident and sickness insurance issued pursuant to section 110 that provides hospital expense and surgical expense insurance that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 4. Chapter 176A of the General Laws, is hereby amended by inserting after section 8KK the following section:-
Section 8LL. 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 universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 5. Chapter 176B of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible;
provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 6. Chapter 176G of the General Laws, is hereby amended by inserting after section 4KK the following section:-
Section 4LL. Any individual or group health maintenance contract that is issued or renewed within the commonwealth shall provide coverage for universal postpartum home visiting services, in accordance with operational standards set by the department of public health pursuant to section 244 of chapter 111 of the General Laws. Such coverage shall not be subject to any cost-sharing, including co-payments and co-insurance, and shall not be subject to any deductible; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
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An Act relative to telehealth and digital equity for patients
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H986
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HD3511
| 193
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{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-20T13:08:55.707'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H986/DocumentHistoryActions
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Bill
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By Representatives Decker of Cambridge and Whipps of Athol, a petition (accompanied by bill, House, No. 986) of Marjorie C. Decker, Susannah M. Whipps and others relative to telehealth and digital equity for patients. Financial Services.
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SECTION 1. Section 18AA of Chapter 6A of the General Laws, as most recently inserted by Section 1 of Chapter 174 of the Acts of 2022, is hereby amended by inserting after the word “benefits” the last time it appears the following:
The executive office of health and human services and the executive office of housing and economic development shall determine a method for the common application portal to also allow individuals to simultaneously apply to the affordable connectivity program administered by the federal communications commission.
SECTION 2. Section 30 of Chapter 32A of the General Laws, as most recently inserted by section 3 of Chapter 260 of the Acts of 2020, is hereby amended by striking out subsection (c) and inserting in place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. Carriers shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. A carrier 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 3. Section 30 of Chapter 32A of the General Laws, as most recently inserted by Section 3 of Chapter 260 of the Acts of 2020 is hereby amended by adding at the end thereof the following subsections:
(i) Coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing.
(j) Carriers providing coverage to an active or retired employee of the commonwealth insured under the group insurance commission shall develop and maintain procedures to identify and offer digital health education to enrollees with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify current enrollees with low digital health literacy and a digital health education program to educate insured members regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering enrollees in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) Carriers providing coverage to an active or retired employee of the commonwealth insured under the group insurance commission shall make information available to the commission regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of enrollees identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) Carriers providing coverage to an active or retired employee of the commonwealth insured under the group insurance commission shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 4. Subsection (a) of Section 79 of Chapter 118E of the General Laws, as most recently amended by Section 40 of Chapter 260 of the Acts of 20202, is hereby amended by inserting after the definition of “behavioral health services” the following:
“E-consults”, asynchronous, consultative, provider-to-provider communications within a shared electronic health record (EHR) or web-based platform that are intended to improve access to specialty expertise for patients and providers without the need for a face-to-face visit, focused on a specific question. E-consults are inclusive of the consult generated from one provider or other qualified health professional to another, and of communications before/after consultation back to the member and/or the member’s caregiver.
“Remote patient monitoring services”, personal health and medical data collection, transmission, retrieval, or messaging from a member in one location, which is then transmitted to a provider in a different location and is used primarily for the management, treatment, care and related support of ongoing health conditions via regular information inputs from members and member guidance outputs from healthcare providers, including the remote monitoring of a patient’s vital signs, biometric data, or other objective or subjective data by a device that transmits such data electronically to a healthcare practitioner.
SECTION 5. Subsection (b) of Section 79 of Chapter 118E of the General Laws, as most recently amended by Section 40 of Chapter 260 of the Acts of 2020, is hereby amended by inserting at the end thereof after the word “providers.” the following:
Coverage for telehealth services shall include coverage and reimbursement for e-consults and remote patient monitoring services and devices.
SECTION 6. Section 79 of Chapter 118E of the General Laws, as most recently amended by Section 40 of Chapter 260 of the Acts of 2020, is hereby amended by striking subsection (c)
and inserting in place thereof the following:
(c) The division, a contracted health insurer, health plan, health maintenance organization, behavioral health management firm or third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall not impose any utilization management requirements, including but not limited to, prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. The division, a contracted health insurer, health plan, health maintenance organization, behavioral health management firm or third-party administrator under contract to a Medicaid managed care organization or primary care clinician plan 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.”
SECTION 7. Section 79 of Chapter 118E of the General Laws, as most recently inserted by Section 40 of Chapter 260 of the Acts of 2020 is hereby amended by inserting at the end thereof the following subsections:
(i) 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 include in its coverage for reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing in its coverage for telehealth services.
(j) 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 develop and maintain procedures to identify and offer digital health education to members with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current members with low digital health literacy and a digital health education program to educate insured members regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering enrollees in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) 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 publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of members identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) 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 providing coverage to an active or retired employee of the commonwealth insured under the group insurance commission shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic, or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 8. Section 47MM of Chapter 175 of the General Laws, as most recently amended by Section 47 of Chapter 260 of the Acts of 2020, is hereby amended by striking out subsection (c) and inserting place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 9. Section 47MM of Chapter 175 of the General Laws, as most recently inserted by Section 47 of Chapter 260 of the Acts of 2020 is hereby further amended by adding at the end thereof the following subsections:
(i) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing.
(j) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth shall develop and maintain procedures to identify and offer digital health education to subscribers with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current subscribers with low digital health literacy and a digital health education program to educate insured subscribers regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering subscribers in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth shall publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of subscribers identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 10. Section 38 of Chapter 176A of the General Laws, as most recently amended by Section 49 of Chapter 260 of the Acts of 2020, is hereby further amended by striking subsection (c) and inserting in place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. A carrier shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. A carrier 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 11. Section 38 of Chapter 176A of the General Laws, as most recently inserted by Section 49 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end thereof the following subsections:
(i) Coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing.
(j) Hospital service corporations shall develop and maintain procedures to identify and offer digital health education to subscribers with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current subscribers with low digital health literacy and a digital health education program to educate insured subscribers regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering subscribers in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) Hospital service corporations shall publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of subscribers identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) Hospital service corporations providing coverage under this section shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 12. Section 25 of Chapter 176B of the General Laws, as most recently amended by Section 51 of Chapter 260 of the Acts of 2020, is hereby further amended by striking subsection (c) and inserting in place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. A carrier shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. A carrier 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 13. Section 25 of Chapter 176B of the General Laws, as most recently inserted by Section 51 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end thereof the following subsections:
(i) A contract that provides coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing who require interpreter services.
(j) Medical service corporations shall develop and maintain procedures to identify and offer digital health education to subscribers with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current subscribers with low digital health literacy and a digital health education program to educate insured subscribers regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering subscribers in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) Medical service corporations shall publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of subscribers identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) Medical service corporations providing coverage under this section shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 14. Section 33 of Chapter 176G of the General Laws, as most recently amended by Section 53 of Chapter 260 of the Acts of 2020, is hereby further amended by striking subsection (c) and inserting in place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. A health maintenance organization shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. A health maintenance organization 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 15. Section 33 of Chapter 176G of the General Laws, as most recently inserted by Section 53 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end thereof the following subsection:
(i) A contract that provides coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing.
(j) Health maintenance organizations shall develop and maintain procedures to identify and offer digital health education to members with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current members with low digital health literacy and a digital health education program to educate insured subscribers regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering subscribers in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) Health maintenance organizations shall publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of subscribers identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) Health maintenance organizations providing coverage under this section shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 16. Section 13 of Chapter 176I of the General Laws, as most recently amended by section 54 of Chapter 260 of the Acts of 2020, is hereby further amended by striking subsection (c) and inserting in place thereof the following:
(c) Coverage for telehealth services may include utilization review; provided, however, that any utilization review shall be made in the same manner as if the service was delivered in person. An organization shall not impose any prior authorization requirements to obtain medically necessary health services via telehealth that would not apply to the receipt of those same services on an in-person basis. An organization 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 provided for under subclause (i) of clause (4) of the second sentence of subsection (a) of section 6 of chapter 176O.
SECTION 17. Section 13 of Chapter 176I of the General Laws, as most recently inserted by Section 54 of Chapter 260 of the Acts of 2020, is hereby amended by adding at the end thereof the following subsection:
(i) A preferred provider contract that provides coverage for telehealth services shall include reimbursement for interpreter services for patients with limited English proficiency or those who are deaf or hard of hearing.
(j) Organizations shall develop and maintain procedures to identify and offer digital health education to covered persons with low digital health literacy to assist them with accessing any medical necessary covered telehealth benefits. These procedures shall include a digital health literacy screening program or other similar procedure to identify new and current covered persons with low digital health literacy and a digital health education program to educate covered persons regarding the effective use of telehealth technology including but not limited to distributing educational materials about how to access certain telehealth technologies in multiple languages, including sign language, and in alternative formats; holding digital health literacy workshops; integrating digital health coaching; offering covered persons in-person digital health navigators; and partnering with local libraries and/or community centers that offer digital health education services and supports.
(k) Organizations shall publish information annually regarding the procedures that they have implemented under subsection (j) including but not limited to statistics on the number of covered persons identified with low digital health literacy and receiving digital health education, manner(s) or method of digital health literacy screening and digital health education, financial impact of the programs, and evaluations of effectiveness of digital health literacy interventions.
(l) Organizations providing coverage under this section shall not prohibit a physician licensed pursuant to Chapter 112 or otherwise authorized to provide healthcare services who is providing healthcare services to a patient who is physically located in Massachusetts at the time the healthcare services are provided via telehealth from providing such services from any location within Massachusetts or outside Massachusetts; provided, that the location from which the physician provides services does not compromise patient confidentiality and privacy and the location from which the physician provides the services does not exceed restrictions placed on the physician’s specific license, including but not limited to, restrictions set by the hospital, institution, clinic or program in which a physician licensed pursuant to section 9 of Chapter 112 of the General Laws has been appointed.
SECTION 18. Section 1 of Chapter 176O of the General Laws, as most recently amended by Section 56 of Chapter 260 of the Acts of 2020, is hereby amended in the definition of “Chronic disease management”, by inserting after the word “cancer” the following words: “COVID-19 and its long-term symptoms, serious, long-term physical diseases including, but not limited to, cerebral palsy, cystic fibrosis, HIV/AIDS, blood diseases, such as anemia or sickle cell disease, muscular dystrophy, spina bifida, epilepsy, ”.
SECTION 19. Section 26 of Chapter 176O of the General Laws is hereby amended by striking the current section and inserting in place thereof the following:
Section 26. The commissioner shall establish standardized processes and procedures applicable to all health care providers and payers for the determination of a patient's health benefit plan eligibility at or prior to the time of service, including telehealth services. As part of such processes and procedures, the commissioner shall (i) require payers to implement automated approval systems such as decision support software in place of telephone approvals for specific types of services specified by the commissioner and (ii) require establishment of an electronic data exchange to allow providers to determine eligibility at or prior to the point of care and determine the insured’s cost share for a proposed telehealth service, including any copayment, deductible, coinsurance or other out of pocket amount for any covered telehealth services.
SECTION 20. Notwithstanding any general or special law to the contrary, the health policy commission, in consultation with the center for health information and analysis, the executive office of health and human services and the division of insurance shall issue a report on the use of telehealth services in the commonwealth and the effect of telehealth on health care access and system cost. The report, along with a suggested plan to implement its recommendations in order to maximize access, quality of care and cost savings, shall be submitted to the joint committee on health care financing and the house and senate committees on ways and means not later than 2 years from the effective date of this act; provided, however, that not later than 1 year from the effective date of this act, the commission shall present a report on: i) the estimated impacts on costs and time spent by patients accessing healthcare services due to the use of telehealth; ii) the estimated impacts to access to healthcare services due to the use of telehealth including employment productivity, transportation costs and school attendance; iii) the estimated impacts on healthcare costs due to the impacts of telehealth on COVID-19 transmission and treatment; iv) the estimated impact on the costs of personal protective equipment for providers and healthcare facilities due to the use of telehealth; v) an estimate of the impact of health outcomes to those communities that have not been able to access telehealth services due to language or accessibility issues; and vi) an interim estimate of the fiscal impact of telehealth use in the commonwealth that shall include public health outcomes, increased access to services, reduction in transportation services and vehicle miles traveled, and reduction in hospitalizations. The report shall additionally include data regarding the number of telehealth visits utilizing an interpreter for those who are deaf and hard of hearing and for languages other than English and shall quantify the number of telehealth visits in each language.
SECTION 21. Notwithstanding any general or special law to the contrary, the health policy commission shall establish a Digital Bridge Pilot Program to support telehealth services and devices and to provide funding for healthcare and human service providers and their patients and clients to support the purchase of telecommunications, information services and connected devices necessary to provide telehealth services to patients and clients. Communities that have had the highest prevalence of and been disproportionately affected by COVID-19 shall be prioritized for funding under this program in addition to communities that experience barriers in accessing telehealth services due to language constraints, socioeconomic constraints or other accessibility issues. Eligible programs may include but not be limited to public private partnerships with telecommunication providers, municipalities, healthcare providers and other organizations.
Eligible services may include, but not be limited to: telecommunications services; broadband and internet connectivity services including the purchase of broadband subscriptions and the establishment of wireless hotspots, so-called; voice services; remote patient monitoring platforms and services; patient reported outcome platforms; store and forward services, including the asynchronous transfer of patient images and data for interpretation by a physician; platforms and services to provide synchronous video consultation; tablets, smartphones, or connected devices to receive connected care services at home for patient or provider use; and telemedicine kiosks / carts for provider sites. Funding shall not be used for unconnected devices that patients utilize in the home and then manually report their results to providers.
SECTION 22. (a) Notwithstanding any general or special law to the contrary, the health policy commission shall establish a Digital Health Navigator Tech Literacy Pilot Program, herein referred to as the program, to complement and work in conjunction with the Digital Bridge Pilot Program. The program shall establish telehealth digital health navigators including community health workers, medical assistants, and other healthcare professionals to assist patients with accessing telehealth services. The program and its funding shall prioritize populations who experience increased barriers in accessing healthcare and telehealth services, including those disproportionately affected by COVID-19, the elderly and those who may need assistance with telehealth services due to limited English proficiency or limited literacy with digital health tools. Entities receiving funding through this program will provide culturally and linguistically competent hands-on support to educate patients on how to access broadband and wireless services and subsequently utilize devices and online platforms to access telehealth services.
(b) The health policy commission shall publish a report, one year following the implementation of said Digital Bridge Health Navigator Tech Literacy Pilot Program, which shall include but not be limited to the following: (i) an identification of the program’s telehealth navigators disaggregated by healthcare profession; (ii) the resources required to provide literacy with digital health tools, including, but not limited to, the cost of operating said pilot program and additional workforce training for the program’s telehealth navigators; (iii) an identification of the populations served by the program disaggregated by demographics including, but not limited to, race, ethnicity, age, gender identity and primary language spoken; (iv) an identification of the regions served by the program across the commonwealth; and (v) an evaluation of the efficacy of the program in increasing the utilization of telehealth services disaggregated by patient demographics and including, but not limited to, the rate of attendance at telehealth visits.
SECTION 23. a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a task force to address barriers and impediments to the practice of telehealth across state lines. The task force shall consist of: the secretary of the executive office of health and human services or a designee who shall serve as chair; the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the executive director of the board of registration in medicine or a designee; the Undersecretary of the office of consumer affairs and business regulation or a designee; a representative from the health policy commission; a representative from the Massachusetts Medical Society; a representative from the Massachusetts Health and Hospital Association; and a representative from the Massachusetts League of Community Health Centers.
b) The task force shall conduct an analysis and issue a report evaluating the commonwealth’s options to facilitate appropriate interstate medical practice and the practice of telemedicine including consideration of the recommendations from the Federation of State Medical Boards Workgroup on telemedicine, the Telehealth Act developed by the Uniform Law Commission, model legislation developed by the American Medical Association, the interstate medical licensure compact, and/or other licensure reciprocity agreements . The analysis and report shall include but not be limited to: (i) an analysis of physician job vacancies in the commonwealth broken down by practice specialization and projected vacancies based on the demographics of the commonwealth’s physician workforce and medical school graduate retention rates; (ii) an analysis of other states’ entry into the interstate medical licensure compact and any impact on quality of care resulting from entry; (iii) an analysis of the ability of physicians to provide follow-up care across state lines, including via telehealth; (iv) an analysis of registration models for providers who may provide care for patients via telehealth with the provider located in one state and the patient located in another state, provided that said analysis would include delineation of provider responsibilities for registration and reporting to state professional licensure boards; (v) an analysis of impacts to health care quality, cost and access resulting from other states’ entry into a medical licensure compact, as well as anticipated impacts to health care quality, cost and access associated with entry into an interstate medical licensure compact; (vi) evaluations of barriers and solutions regarding prescribing across state lines; (vii) evaluations of the feasibility of a regional reciprocity agreement allowing telemedicine across state lines both for existing patient provider relationships and/or the establishment of new relationships; (viii) evaluations of the feasibility of the establishment of interstate proxy credentialing; (ix) recommendations to support the continuity of care for patients utilizing telehealth across state lines including but not limited to recommendations to support the continuity of care for people aged 25 and under when providing telehealth across state lines; (x) consideration of the recommendations from the Federation of State Medical Boards Workgroup on telemedicine, the Telehealth Act developed by the Uniform Law Commission, model legislation developed by the American Medical Association, the interstate medical licensure compact, and/or other reciprocity agreements.
(c) The task force shall submit its recommendations to the governor and the clerks of the house of representatives and the senate not later than October 1, 2023.
SECTION 24. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a task force to address barriers and impediments to the practice of telehealth by health professionals across state lines. including advanced practice registered nurses, physician assistants, behavioral and allied health professions, and other health professions licensed or certified by the Department of Public Health. The task force shall consist of: the secretary of the executive office of health and human services or a designee who shall serve as chair; the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the executive director of the board of registration in nursing or a designee; the Undersecretary of the office of consumer affairs and business regulation or a designee; and 12 persons to be appointed by the secretary of the executive office of health and human services representing organizations that represent advanced practice registered nurses, physician assistants, hospitals, patients, social workers, behavioral health professions, allied health professions, telehealth and other healthcare professionals licensed or certified by the Department of Public Health.
(b) The task force shall: i) investigate interstate license reciprocity models with other nearby states for advanced practice registered nurses, physician assistants, behavioral health, social workers, allied health and other health professionals licensed or certified by the Department of Public Health to ensure that there is sufficient access for professionals throughout the region and ensure that continuity of care for patients is achieved for patients that access services in state’s throughout the region; ii) consider recommendations to support the continuity of care for patients utilizing telehealth across state lines including but not limited to recommendations to support the continuity of care for children and adolescents when providing telehealth across state lines; and iii) examine registration models for providers who may provide care for patients via telehealth with the provider located in one state and the patient located in another state. Such examination would include delineation of provider responsibilities for registration and reporting to state professional licensure boards.
(c) The task force shall submit its recommendations to the governor and the clerks of the house of representatives and the senate not later than February 1, 2024.
SECTION 25. Notwithstanding any general or special law to the contrary, the MassHealth program shall make permanent the rules for reimbursement for services rendered via telehealth consistent with MassHealth All Provider Bulletin 355 published in October 2022.
SECTION 26. Section 76 of Chapter 260 of the of the Acts of 2020 is hereby amended by striking the section in its entirety and inserting in place thereof the following:
Section 76. Section 63 is hereby repealed.
SECTION 27. Sections 77 and 79 of Chapter 260 of the Acts of 2020 are hereby repealed.
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An Act to conform private with public subrogation policy
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H987
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HD702
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-17T10:47:13.52'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-17T10:47:13.52'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H987/DocumentHistoryActions
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 987) of Marjorie C. Decker for legislation to prevent medical bills from eroding an injury victim’s compensation received through a settlement or court award. Financial Services.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended at the end of section 70D by inserting the following sentences:-
Notwithstanding the provisions of section 70A through 70D of this chapter, and notwithstanding any contractual term to the contrary, no health maintenance organization or group or individual medical insurer or disability insurer which has provided benefits for covered services to a person insured in an accident shall have a lien or right of reimbursement or subrogation claim or claims of recoupment no matter how designated upon any recovery or sum had or collected or to be collected, whether by judgment or by settlement or compromise from another person as damages on account of such injuries, for more than the proportionate share of said recovery or sum subject to its lien, right or reimbursement, subrogation claim or claims of recoupment which the amount of benefits so provided for covered services bears to the complete value of the injured persons tort damages. Either the entity which provided benefits or the injured person may petition the court in which the accident case is pending, or in a court in which such case could be properly filed had settlement not been attained before commencement of suit, for a determination of the reasonableness of the settlement and the fair allocation of amounts payable thereunder. A hearing on such petition shall adhere to the same procedural requirement as are provided in section 15 of chapter 152 of the General Laws.
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An Act relative to patient financial protection
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H988
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HD2157
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:35:56.137'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:35:56.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H988/DocumentHistoryActions
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 988) of Marjorie C. Decker relative to regulating separate out-of-pocket insurance limits for prescription drugs, including specialty drugs. Financial Services.
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SECTION 1. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47PP the following section:-
Section 47QQ. Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides coverage for prescription drugs shall establish a separate out-of-pocket limit for prescription drugs, which shall include specialty drugs. The out-of-pocket limit shall not exceed the dollar amount set as the minimum annual deductible for a high deductible health plan under section 223 of the federal Internal Revenue Code of 1986, 26 U.S.C. §223 (c)(2)(A)(i), for self-only and family coverage, respectively. For the purposes of this section the term “out-of-pocket limit” shall include expenses that: (1) are a cost-sharing expenditure under section 1302 of the federal Patient Protection and Affordable Care Act, 42 U.S.C. §18022 (c)(3); and (2) relate to prescription drug coverage.
SECTION 2. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 8QQ the following section:-
Section 8RR. 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 prescription drugs shall establish a separate out-of-pocket limit for prescription drugs, which shall include specialty drugs. The out out-of-pocket limit shall not exceed the dollar amount set as the minimum annual deductible for a high deductible health plan under section 223 of the federal Internal Revenue Code of 1986, 26 U.S.C. §223 (c)(2)(A)(i), for self-only and family coverage, respectively. For the purposes of this section the term “out-of-pocket limit” shall include expenses that: (1) are a cost-sharing expenditure under section 1302 of the federal Patient Protection and Affordable Care Act, 42 U.S.C. §18022 (c)(3); and (2) relate to prescription drug coverage.
SECTION 3. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4QQ the following section:-
Section 4RR. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth that provides coverage for prescription drugs shall establish a separate out-of-pocket limit for prescription drugs, which shall include specialty drugs. The out-of-pocket limit shall not exceed the dollar amount set as the minimum annual deductible for a high deductible health plan under section 223 of the federal Internal Revenue Code of 1986, 26 U.S.C. §223 (c)(2)(A)(i), for self-only and family coverage, respectively. For the purposes of this section the term “out-of-pocket limit” shall include expenses that: (1) are a cost-sharing expenditure under section 1302 of the federal Patient Protection and Affordable Care Act, 42 U.S.C. §18022 (c)(3); and (2) relate to prescription drug coverage.
SECTION 4. Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4GG the following section:-
Section 4HH. Any individual or group health maintenance organization that provides coverage for prescription drugs shall establish a separate out-of-pocket limit for prescription drugs, which shall include specialty drugs. The out-of-pocket limit shall not exceed the dollar amount set as the minimum annual deductible for a high deductible health plan under section 223of the federal Internal Revenue Code of 1986, 26 U.S.C. §223 (c)(2)(A)(i), for self-only and family coverage, respectively. For the purposes of this section the term “out-of-pocket limit” shall include expenses that: (1) are a cost-sharing expenditure under section 1302 of the federal Patient Protection and Affordable Care Act, 42 U.S.C. §18022 (c)(3); and (2) relate to prescription drug coverage.
SECTION 5. This act shall apply to all policies, contracts and certificates of health insurance subject to section 47QQ of chapter 175, section 8RR of chapter 176A, section 4RR of chapter 176B and section 4HH of chapter 176G of the General Laws delivered, issued or renewed on or after January 1, 2023.
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An Act for supportive care for serious mental illness
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H989
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HD2334
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T12:24:33.467'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T12:24:33.4666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-13T16:45:17.7833333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-07-31T13:28:15.1333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-07-31T13:28:15.1333333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-07-31T13:28:15.1333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-31T13:28:15.1333333'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 989) of Marjorie C. Decker relative to healthcare insurance coverage for supportive care for serious mental illness. Financial Services.
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SECTION 1. Section 18 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, any qualifying student health insurance plan authorized under this chapter shall provide coverage for coordinated specialty care services and assertive community treatment service as described under section 4FF of chapter 176G.
SECTION 2. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 32. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) Coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after section 9K the following section:-
Section 9L. To credential the mental health professionals and other members of the multidisciplinary coordinated specialty care treatment team or an assertive community treatment team as described under section 32 of chapter 32A, section 39 of chapter 176A, section 26 of chapter 176B, section 34 of chapter 176G and section 14 of chapter 176I, the credentialing of the psychiatrist or the licensed clinical leader of the treatment team shall qualify all members of the treatment team to be credentialed with the insurer.
SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-
Section 47OO. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any 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 shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 5. Chapter 176A of the General Laws is hereby amended by adding the following section:-
Section 39. (a) For the purposes of this section, the following words shall
have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a subscriber and a nonprofit hospital service corporation under an individual or group hospital service plan shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 6. Chapter 176B of the General Laws is hereby amended by adding the following section:-
Section 26. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a subscriber and a medical service corporation shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 7. Chapter 176G of the General Laws is hereby amended by adding the following section:-
Section 34. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A contract between a member and a health maintenance organization shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 8. Chapter 176I of the General Laws is hereby amended by adding the following section:-
Section 14. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Assertive Community Treatment”, a team-based, evidenced-based treatment practice that offers treatment, rehabilitation, and support services, using a person-centered, recovery-based flexible treatment program, as defined by evidence-based standards, including, but not limited to, the most current guidelines issued by the federal Substance Abuse and Mental Health Services Administration.
“Behavioral health services”, care and services for the evaluation, diagnosis, treatment or management of patients with mental health, developmental or substance use disorders.
“Coordinated Specialty Care”, a recovery-oriented treatment program for people with first-episode psychosis, as defined by evidence-based standards, including, but not limited to the most current guidelines issued by the National Institute of Mental Health.
“Evidence-based practice”, treatments that are supported by clinical research.
“First episode psychosis treatment”, treatment initiated within 74 weeks of the first time an individual experiences an episode of psychosis.
“Serious emotional disturbance”, mental, behavioral or emotional disorders in children or adolescents under age 19 that have resulted in functional impairment that substantially interferes with or limits the child’s role or functioning in family, school or community activities.
“Serious mental illness”, mental, behavioral or emotional disorders resulting in serious functional impairment that substantially interferes with or limits at least 1 major life activity for an individual not less than 19 years old with a psychiatric diagnosis as defined in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders.
(b) A preferred provider contract between a covered person and an organization shall provide coverage for wrap-around coordinated specialty care services for first episode psychosis treatment and assertive community treatment for early or ongoing treatment of person with a previous episode of psychosis who has a serious mental illness or serious emotional disturbance. Coverage under this section shall not be construed as imposing a limit on the number of visits an individual may make to a provider of any of the services under this section.
(c) Payment for the services performed under the treatment models listed in this section shall be based on a bundled treatment model or payment, rather than fee for service payment for each separate service delivered by a treatment team member.
(d) To determine medical necessity for the treatment approaches under this section, neither disability nor functional impairment shall be a precondition to receive the treatment. Medical necessity shall be presumed following a recommendation by a licensed physician, licensed clinical psychologist, licensed professional clinical counselor or licensed clinical social worker.
SECTION 9. Not later than 6 months after the effective date of this act, the division of insurance shall convene a working group of insurance companies and mental health treatment providers that deliver the bundled treatment approaches listed in section 32 of chapter 32A, section 39 of chapter 176A, section 26 of chapter 176B, section 34 of chapter 176G and section 14 of chapter 176I to determine a coding solution to allow the bundled treatment models to be coded and paid for as a bundle of services, similar to bundled payments under a single billing code for physical health care.
SECTION 10. The group insurance commission, the division of insurance and the health connector shall promulgate any regulations necessary to implement this section not later than six months after enactment.
SECTION 11.
All carriers must implement these benefits and demonstrate to the division of insurance the adequacy of their provider networks for these services by the effective date of this act. Any carrier that fails to demonstrate adequate networks of providers of these services by the effective date shall:
(a) assist any plan member to find an out-of-network CSC program or ACT program and to cover those services as if they were furnished in network; and
(b) report monthly to the division of insurance on the status of their networks, and pay a fine of $50,000 per month.
SECTION 12. After 5 years following full implementation of this act, the health policy commission, the division of insurance and the group insurance commission shall collaborate to perform an independent analysis of the impact of the coverage of the team-based treatment models provided under this section upon savings in hospitalization costs or other costs and on any increase in cost to the group insurance commission, the division of insurance or group insurance commission members. The analysis shall review claims payment and plan and consumer cost data for the largest group insurance commission plans that comprise at least 80 per cent of the covered lives at the time of the study.
SECTION 13. This act shall take effect 1 year after its passage.
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An Act relative to the Massachusetts Food Policy Council
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H99
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HD990
| 193
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{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:46:07.053'}
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[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:46:07.0533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T14:25:11.6033333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-01T14:52:29.5466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-10T10:39:24.8166667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T10:39:24.8166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-27T11:16:37.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H99/DocumentHistoryActions
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Bill
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By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 99) of Paul A. Schmid, III and others relative to the membership of the Massachusetts Food Policy Council. Agriculture.
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SECTION 1. Chapter 20 Section 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the figure “18” and inserting in place thereof the following figure: - 19.
SECTION 2. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word “designee”, in line 14, the following words: - ; 1 of whom shall be the commissioner of fish and game, or the commissioner’s designee.
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An Act relative to removing barriers to non-opioid pain management
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H990
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HD2812
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:26:10.597'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:26:10.5966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:45:31.3333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:58:52.74'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 990) of Marjorie C. Decker and Lindsay N. Sabadosa relative to healthcare coverage for non-opioid pain management. Financial Services.
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SECTION 1. Section 47KK of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subsection (a) by adding the following paragraph:-
Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth, which is considered creditable coverage under this section, shall not require a member to obtain a preauthorization for alternative pain management services identified by the carrier as necessary to comply with said guidelines developed by the division of insurance.
SECTION 2. Said section 47KK of said chapter 175 is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Carriers shall annually distribute educational materials to providers and members within their networks about the pain management access plan and make information about their plans publicly available on their websites.
SECTION 3. Section 8MM of Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subsection (a) by adding the following paragraph:-
Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth, which is considered creditable coverage under this section, shall not require a member to obtain a preauthorization for alternative pain management services identified by the carrier as necessary to comply with said guidelines developed by the division of insurance.
SECTION 4. Said section 8MM of said chapter 176A is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Carriers shall annually distribute educational materials to providers and members within their networks about the pain management access plan and make information about their plans publicly available on their websites.
SECTION 5. Section 4MM of Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subsection (a) by adding the following paragraph:-
Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth, which is considered creditable coverage under this section, shall not require a member to obtain a preauthorization for alternative pain management services
identified by the carrier as necessary to comply with said guidelines developed by the division of insurance.
SECTION 6. Said section 4MM of said chapter 176B is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Carriers shall annually distribute educational materials to providers and members within their networks about the pain management access plan and make information about their plans publicly available on their websites.
SECTION 7. Section 4EE of Chapter 176G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subsection (a) by adding the following paragraph:-
Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under this section, shall not require a member to obtain a preauthorization for alternative pain management services identified by the carrier as necessary to comply with said guidelines developed by the division of insurance.
SECTION 8. Said section 4EE of said chapter 176G is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Carriers shall annually distribute educational materials to providers and members within their networks about the pain management access plan and make information about their plans publicly available on their websites.
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An Act relative to reimbursement for recovery peer specialists
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H991
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HD3060
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:25:50.097'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:25:50.0966667'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 991) of Marjorie C. Decker relative to reimbursement for recovery peer specialists. Financial Services.
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SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new 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 for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The commission shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The contractual rate for these services may be no less than the prevailing MassHealth rate for peer recovery coach services or recovery support navigator services. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization.
SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 83. (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 provide coverage for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches, and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization by an insurer.
SECTION 3. Chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after section 4TT the following new section:-
Section 47UU. (a) 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 118M, shall provide coverage for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The policy, contract, agreement, plan or certificate of insurance shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The contractual rate for these services may be no less than the prevailing MassHealth rate for peer recovery coach services or recovery support navigator services. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization
SECTION 4. Chapter 176A of the General Laws, as so appearing, is hereby amended by inserting after section 8UU the following new section:-
Section 8VV. (a) 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 provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The contract shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The contractual rate for these services may be no less than the prevailing MassHealth rate for peer recovery coach services or recovery support navigator services. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization.
SECTION 5. Chapter 176B of the General Laws, as so appearing, is hereby amended by adding the following new section after section 4UU:
Section 4VV. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued, or renewed within the commonwealth shall provide coverage for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The subscription certificate shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The contractual rate for these services may be no less than the prevailing MassHealth rate for peer recovery coach services or recovery support navigator services. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization.
SECTION 6. Chapter 176G of the General Laws, as so appearing, is hereby amended by inserting after section 4MM the following new section:-
Section 4NN. (a) An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators, regardless of the setting these services are provided in. This coverage shall include coverage of peer recovery coaches and recovery support navigators who are employed by health care facilities and who only provide recovery coach or recovery support navigator services for patients while the patient is being treated in an emergency department, acute care hospital, freestanding psychiatric hospital, or substance use disorder facility. The individual or group health maintenance contract shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation. The contractual rate for these services may be no less than the prevailing MassHealth rate for peer recovery coach services or recovery support navigator services. The benefits in this section shall not be subject to any deductible, coinsurance, copayments, or out-of-pocket limits. Peer support specialist services, including peer recovery coach services and recovery support navigator services shall be deemed medically necessary and shall not require prior authorization.
SECTION 7. Notwithstanding any general or special law to the contrary, the division of insurance, in consultation with the division of medical assistance, shall promulgate regulations or issue sub-regulatory guidance to require carriers reimburse acute care hospitals and clinics licensed under chapter 111 of the General laws, for the provision of behavioral health or substance use disorder services provided by peer support specialists, including but not limited to, peer recovery coaches and recovery support navigators. The regulations or sub-regulatory guidance shall include reimbursement for the provision of said services via telemedicine, electronic or telephonic consultation.
SECTION 8. Notwithstanding any general or special law to the contrary, the bureau of substance addiction services within the department of public health shall conduct a comprehensive report addressing barriers to certification, credentialing, and other employment and practice requirements of peer recovery specialists, including peer recovery coaches and recovery support navigators. The report shall include, but not be limited to, (i) cost barriers for individuals with lived experience, including but not limited to, application and examination fees for initial certification and credentialing, (ii) cost barriers to certification and credentialing renewals, (iii) cost and reimbursement barriers for hospitals and clinics licensed under chapter 111 to hire, train, and retain peer recovery coaches and peer support navigators, (iv) eligibility requirements for certification and credentialing, and (v) access to training programs and resources. The report shall also include recommendations to address said barriers. The department shall submit a copy of the report to the executive office of health and human services, the clerks of the senate and house of representatives, and the joint committee on mental health, substance use, and recovery within 90 days of the effective date of this act.
SECTION 9. Notwithstanding any general or special law to the contrary, the bureau of substance addiction services within the department of public health shall establish or arrange for a comprehensive peer support program to provide mentorship, technical assistance, and support resources for the wellbeing of peer support specialists, including, but not limited to, peer recovery coaches and recovery support navigators. The program shall include, but not be limited to, a network for peer-to-peer trainings, education, mentorship, counseling and support; educational and other clinical support materials; technical assistance for certification, credentialing, and other employment and practice requirements; and billing technical assistance for organizations that employ peer support specialists, including peer recovery coaches and recovery support navigators.
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An Act relative to payments for use of ambulance services
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H992
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HD2887
| 193
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{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T12:47:46.033'}
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[{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T12:47:46.0333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T17:45:51.4633333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-07T13:53:55.43'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T10:18:39.5566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T15:21:37.9433333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-09T16:58:59.6733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-06T10:32:26.0866667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:02:32.78'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T08:32:36.2066667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-26T14:04:54.8466667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:30:15.5'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-19T13:12:49.9266667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:30:05.1033333'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:14:52.8366667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T09:09:33.31'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T05:25:40.4133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:28:32.4066667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T09:06:31.9066667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-26T09:41:19.1'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-23T13:58:04.3333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:19:39.0633333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:48:45.1333333'}]
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T12:47:46.033'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H992/DocumentHistoryActions
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Bill
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By Representatives D'Emilia of Bridgewater and McMurtry of Dedham, a petition (accompanied by bill, House, No. 992) of Angelo L. D'Emilia, Paul McMurtry and others relative to insurance payments for use of ambulance services. Financial Services.
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SECTION 1. Chapter 176D of the General Laws is hereby amended by inserting after section 3B the following section:-
Section 3C. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-
“Ambulance service provider”, a person or entity licensed by the department of public health pursuant to section 6 of chapter 111C to establish or maintain an ambulance service.
“Emergency ambulance services”, emergency services that an ambulance service provider may render under its ambulance service license when a condition or situation in which an individual has a need for immediate medical attention or if the individual, bystander or emergency medical services provider perceives the potential for the need for immediate medical attention.
“Insurance policy” and “insurance contract”, any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides coverage for expenses incurred by an insured for transportation services rendered by an ambulance service provider.
“Insured”, an individual entitled to ambulance services benefits pursuant to an insurance policy or insurance contract.
“Insurer”, a person as defined in section 1 of chapter 176D; any health maintenance organization as defined in section 1 of chapter 176G; a non-profit hospital service corporation organized under chapter 176A; any organization as defined in section 1 of chapter 176I that participates in a preferred provider arrangement also as defined in said section 1 of said chapter 176I; any carrier offering a small group health insurance plan under chapter 176J; any company as defined in section 1 chapter 175; any employee benefit trust; any self-insurance plan, and any company certified under section 34A of chapter 90 and authorized to issue a policy of motor vehicle liability insurance under section 113A of chapter 175 that provides insurance for the expense of medical coverage.
(b) In any instance in which an ambulance service provider provides an emergency ambulance service to an insured, but is not an ambulance service provider under contract to the insurer maintaining or providing the insured’s insurance policy or insurance contract, the insurer maintaining or providing such insurance policy or insurance contract shall pay the ambulance service provider directly and promptly for the emergency ambulance service rendered to the insured. Such payment shall be made to the ambulance service provider notwithstanding that the insureds insurance policy or insurance contract contains a prohibition against the insured assigning benefits thereunder so long as the insured executes an assignment of benefits to the ambulance service provider and such payment shall be made to the ambulance service provider in the event an insured is either incapable or unable as a practical matter to execute an assignment of benefits under an insurance policy or insurance contract pursuant to which an assignment of benefits is not prohibited, or in connection with an insurance policy or insurance contract that contains a prohibition against any such assignment of benefits. An ambulance service provider shall not be considered to have been paid for an emergency ambulance service rendered to an insured if the insurer makes payment for the emergency ambulance service to the insured. An ambulance service provider shall have a right of action against an insurer that fails to make a payment to it pursuant to this subsection.
(c) With the exception of non-profit corporations licensed to operate critical care ambulance services that perform both ground and air transports, payment to an ambulance service provider under subsection (b) shall be at a rate equal to the rate established by the municipality from where the patient was transported.
(d) An ambulance service provider receiving payment for an ambulance service in accordance with subsections (b) and (c) shall be deemed to have been paid in full for the ambulance service provided to the insured, and shall have no further right or recourse to further bill the insured for said ambulance service with the exception of coinsurance, co-payments or deductibles for which the insured is responsible under the insureds insurance policy or insurance contract.
(e) No term or provision of this section 3C shall be construed as limiting or adversely affecting an insureds right to receive benefits under any insurance policy or insurance contract providing insurance coverage for ambulance services. No term or provision of this section 3C shall create an entitlement on behalf of an insured to coverage for ambulance services if the insureds insurance policy or insurance contract provides no coverage for ambulance services.
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An Act to strengthen the control of contagious and infectious diseases in the Commonwealth
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H993
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HD2964
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T19:54:56.923'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T19:54:56.9233333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-08T10:08:29.6633333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:52:25.9533333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-07T09:25:41.0066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H993/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 993) of Mindy Domb and others relative to cost sharing or required utilization review charges for contagious and infectious disease healthcare services. Financial Services.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after section 7 the following section:-
Section 7A. (a) The commissioner is hereby authorized to designate contagious and infectious diseases of heightened public health importance.
(b) Insurance plans, health coverage, and medical assistance and medical benefit programs shall not charge cost sharing or require utilization review for any health care service for the prevention, diagnosis, or treatment of a disease designated under subsection (a), for coverage subject to section 17S of chapter 32A, section 10R of chapter 118E, section 47UU of chapter 175, section 8VV of chapter 176A, section 4VV of chapter 176B, section 4NN of chapter 176G, or section 14 of chapter 176I. For purposes of this section, cost sharing shall include payments required from a consumer in connection with the provision of a health care service, including but not limited to co-payments, coinsurance, and deductibles. Utilization review shall include prior authorization, step therapy, or any other protocol that could restrict or delay the provision of any health care service.
(c) Upon the designation of a contagious or infectious disease pursuant to subsection (a), the commissioner shall: (1) provide forthwith written notice of such designation and the requirements of this section to the secretary of health and human services, who shall enforce this section with respect to programs of medical assistance and medical benefits established under chapter 118E; the group insurance commission which shall enforce this section for coverage established under chapter 32A; and the division of insurance which shall immediately notify commercial health insurers, Blue Cross and Blue Shield of Massachusetts, Inc., health maintenance organizations, and all other entities that provide health coverage and medical assistance and benefit programs within the scope of the division’s regulation, of a designation pursuant to paragraph (a) and the requirements of this section; (2) take steps to ensure that the public health council shall have the opportunity in an advisory capacity to comment upon such designation; and (3) take reasonable steps to notify health care institutions, health care providers, and consumers of the provisions of this section, including as applicable through clinical advisories, posting to the department’s website, or other means.
(d) The commissioner shall maintain a publicly accessible list of contagious or infectious diseases that have been designated as of public health importance pursuant to subsection (a). The commissioner shall at least annually review the list and shall either renew or remove each designation. When a contagious or infectious disease is removed from the list of designations made under subsection (a), the commissioner shall provide written notice of such removal to the entities specified in subsection (c).
(e) The requirements of subsection (b) shall be effective 30 days from a designation pursuant to subsection (a).
SECTION 2. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:-
Section 17S: The commission shall provide to any active or retired employee of the commonwealth who is insured under the group health insurance commission, coverage without cost sharing or utilization review for any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 3. Chapter 118E of the General Laws is hereby amended by inserting after section 10Q the following section:-
Section 10R: The division shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 4. Chapter 175 of the General Laws is hereby amended by inserting after section 47TT the following section:-
Section 47UU. An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
SECTION 5. Chapter 176A of the General Laws is hereby amended by inserting after Section 8UU the following section:-
Section 8VV. A contract between a subscriber and the corporation under an individual or group hospital service plan which provides hospital expense and surgical expense insurance, except contracts providing supplemental coverage to Medicare or other governmental programs, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 6. Chapter 176B of the General Laws is hereby amended by inserting after section 4UU the following section:-
Section 4VV. Any subscription certificate under an individual or group medical service agreement, except certificates that provide supplemental coverage to Medicare or other governmental programs, issued, delivered or renewed within or without the commonwealth, shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 7. Chapter 176G of the General Laws is hereby amended by inserting after section 4MM the following section:-
Section 4NN. A health maintenance contract issued or renewed within or without the commonwealth shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
SECTION 8. Chapter 176I of the General Laws is hereby amended by adding the following section:-
Section 14. An organization entering into a preferred provider contract shall cover without cost sharing or utilization review any health care service for the prevention, diagnosis, or treatment of a contagious or infectious disease designated as of heightened public health importance pursuant to section 7A of chapter 111.
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An Act to increase access and transparency of health insurance data
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H994
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HD3984
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:53:26.277'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:53:26.2766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:14:11.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H994/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 994) of Mindy Domb and Samantha Montaño for legislation to increase access and transparency of health insurance data. Financial Services.
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SECTION 1: Section 16 of chapter 12C of the General Laws is hereby amended by adding at the end thereof the following subsection:-
(d) The center, as part of its annual report, shall evaluate and report on individual carrier data metrics submitted to the center pursuant to subsection (b), clauses (1) through (5) of section 10 of chapter 12C as well as data submitted to the Division of Insurance under section 6 of Chapter 176J and section 21 of chapter 176O. The center shall issue public reports on carrier data periodically, including through its annual report.
SECTION 2: Section 6 of chapter 176J of the General Laws is hereby amended by inserting at the end of subsection (b) the following sentence:-
The commissioner shall make all information submitted to the division pursuant to the provisions of this subsection publicly available on a website in an easily readable and understandable format on an annual basis.
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An Act relative to motor vehicle service contracts
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H995
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HD2902
| 193
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T20:09:09.69'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T20:09:09.69'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-05-11T13:44:05.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H995/DocumentHistoryActions
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Bill
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 995) of Daniel M. Donahue relative to motor vehicle service contracts. Financial Services.
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SECTION 1. Section 149M of chapter 175 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of “consumer” the following 5 definitions:-
“Consumer product”, any tangible personal property that is distributed in commerce and is normally used for personal, family or household purposes, including tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.
“Maintenance agreement”, a contract for regular maintenance.
“Motor vehicle manufacturer”, a person who: (i) manufactures, distributes or produces motor vehicles under the person’s own name or label;
(ii) is a subsidiary of the person who manufactures, distributes or produces motor vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association, partnership or other legal entity who manufactures, distributes or produces motor vehicles; or (iv) does not manufacture, distribute or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures, distributes or produces motor vehicles.
SECTION 2. Said section 149M of said chapter 175, as so appearing, is hereby further 18 amended by striking out the definition of “service contract” and inserting in place thereof the 19 following definition:-
“Service contract”, a contract for a separately stated consideration and for a specific duration to perform the service, repair, replacement or maintenance of a consumer product, including a motor vehicle, or indemnification for service, repair, replacement or maintenance for the operational or structural failure due to a defect in materials or workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, rental and food spoilage; provided, however, that a service contract shall also include a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following: (i) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting; or (iii) the repair of small motor vehicle windshield chips or cracks which may include the replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the replacement of a motor vehicle or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
SECTION 3. Section 149N of said chapter 175, as so appearing, is hereby amended by striking out, in line 100, the words “tangible personal property” and inserting in place thereof the following words:- consumer products.
SECTION 4. Said chapter 175 is hereby amended by striking out section 149V, as so appearing, and inserting in place thereof the following section:-
Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer or an affiliate of a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered by builders as part of a conveyance of real estate; (v) warranties on a product made by the manufacturer, importer or seller of the product; and (vi) maintenance agreements.
(b) Motor vehicle manufacturers and service contracts on the motor vehicle manufacturer’s products need only comply with sections 149N(f), 149P, 149Q, 149R and 149U, as applicable, of this Act, and motor vehicle manufacturers offering service contracts on the motor vehicle manufacturer’s products are exempt from licensure under section 149N(c) and the requirements of section 149N(d).
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An Act to encourage retirement planning
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H996
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HD2450
| 193
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:13:54.93'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:13:54.93'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T16:46:53.7766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T14:04:13.64'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T15:10:28.0566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-28T09:20:39.6666667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-04T12:10:08.9966667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T15:14:54.9'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-04-11T15:14:32.3366667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-04-20T11:07:04.9266667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-20T11:06:47.2233333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-21T10:47:40.6333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-07-20T14:38:01.3333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H996/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 996) of Paul J. Donato and others for legislation to encourage retirement planning by establishment of a Massachusetts secure choice savings program. Financial Services.
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Section 1. Chapter 10 of the Massachusetts General Law is hereby amended by adding after Section 35I the following new Section:- “ Section 35I ½. The Massachusetts secure Choice Savings Program Act”.
Section 2. Definitions. Unless the context requires a different meaning or as expressly provided in this Section, all terms shall have the same meaning as when used in a comparable context in the Internal Revenue Code. As used in this Act:
"Board" means the Massachusetts Secure Choice Savings Board established under this Act.
"Department " means the Department of Revenue.
"Commissioner" means the Commissioner of Revenue.
"Employee" means any individual who is 18 years of age or older, who is employed by an employer, and who has wages that are allocable to Massachusetts during a calendar year under the provisions of Massachusetts General Laws, Chapter 62.
"Employer" means a person or entity engaged in a business, industry, profession, trade, or other enterprise in the Commonwealth of Massachusetts, whether for profit or not for profit, that (i) has at no time during the previous calendar year employed fewer than 25 employees in the State, (ii) has been in business at least 2 years, and (iii) has not offered a qualified retirement plan, including, but not limited to, a plan qualified under Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p), or Section 457(b) of the Internal Revenue Code of 1986 in the preceding 2 years.
"Enrollee" means any employee who is enrolled in the Program.
"Fund" means the Massachusetts Secure Choice Savings Program Fund.
"Internal Revenue Code" means Internal Revenue Code of 1986, or any successor law, in effect for the calendar year.
"IRA" means a Roth IRA (individual retirement account) under Section 408A of the Internal Revenue Code.
"Participating employer" means an employer or small employer that provides a payroll deposit retirement savings arrangement as provided for by this Act for its employees who are enrollees in the Program.
"Payroll deposit retirement savings arrangement" means an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the Program.
"Program" means the Massachusetts Secure Choice Savings Program.
"Small employer" means a person or entity engaged in a business, industry, profession, trade, or other enterprise in the Commonwealth of Massachusetts, whether for profit or not for profit, that (i) employed less than 25 employees at any one time in the Commonwealth throughout the previous calendar year, or (ii) has been in business less than 2 years, or both items (i) and (ii), but that notifies the Department that it is interested in being a participating employer.
"Wages" means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year.
Section 3. Establishment of Massachusetts Secure Choice Savings Program. A retirement savings program in the form of an automatic enrollment payroll deduction IRA, known as the Massachusetts Secure Choice Savings Program, is hereby established and shall be administered by the Board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost, and portable manner.
Section 4. Massachusetts Secure Choice Savings Program Fund.
(a) The Massachusetts Secure Choice Savings Program Fund is hereby established as a trust outside of the State Treasurer’s Office, with the Board as its trustee. The Fund shall include the individual retirement accounts of enrollees, which shall be accounted for as individual accounts. Moneys in the Fund shall consist of moneys received from enrollees and participating employers pursuant to automatic payroll deductions and contributions to savings made under this Act. The Fund shall be operated in a manner determined by the Board, provided that the Fund is operated so that the accounts of enrollees established under the Program meet the requirements for IRAs under the Internal Revenue Code.
(b) The amounts deposited in the Fund shall not constitute property of the Commonwealth and the Fund shall not be construed to be a department, institution, or agency of the Commonwealth. Amounts on deposit in the Fund shall not be commingled with the Commonwealth funds and the Commonwealth shall have no claim to or against, or interest in, such funds.
Section 5. Massachusetts Secure Choice Administrative Fund. The Massachusetts Secure Choice Administrative Fund ("Administrative Fund") is created as a nonappropriated separate and apart trust fund in the State Treasurer’s Office. The Board shall use moneys in the Administrative Fund to pay for administrative expenses it incurs in the performance of its duties under this Act. The Board shall use moneys in the Administrative Fund to cover start-up administrative expenses it incurs in the performance of its duties under this Act. The Administrative Fund may receive any grants or other moneys designated for administrative purposes from the State, or any unit of federal or local government, or any other person, firm, partnership, or corporation. Any interest earnings that are attributable to moneys in the Administrative Fund must be deposited into the Administrative Fund.
Section 6. Composition of the Board. There is created the Massachusetts Secure Choice Savings Board.
(a) The Board shall consist of the following 7 members:
(1) the State Treasurer, or his or her designee, who shall serve as chair;
(2) the State Comptroller, or his or her designee;
(3) the Secretary of the Commonwealth, or his or her designee;
(4) two public representatives with expertise in retirement savings plan
administration or investment, or both, appointed by the Governor; a representative of participating employers, appointed by the Governor; and
(5) a representative of enrollees, appointed by the Secretary of the
Commonwealth.
(b) Members of the Board shall serve without compensation but may be reimbursed for necessary travel expenses incurred in connection with their Board duties from funds appropriated for the purpose.
(c) The initial appointments shall be as follows: one public representative for 4 years; one public representative for 2 years; the representative of participating employers for 3 years; and the representative of enrollees for 1 year. Thereafter, all appointments shall be for terms of 4 years.
(d) A vacancy in the term of an appointed Board member shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(e) Each Board member, prior to assuming office, shall take an oath that he or she will diligently and honestly administer the affairs of the Board and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the Program. The oath shall be certified by the officer before whom it is taken and immediately filed in the office of the Secretary of the Commonwealth .
Section 7. Fiduciary Duty. The Board, the individual members of the Board, the trustee appointed under subsection (b) of Section 30, any other agents appointed or engaged by the Board, and all persons serving as Program staff shall discharge their duties with respect to the Program solely in the interest of the Program's enrollees and beneficiaries as follows:
(1) for the exclusive purposes of providing benefits to enrollees and beneficiaries and defraying reasonable expenses of administering the Program;
(2) by investing with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims; and
(3) by using any contributions paid by employees and employers into the trust exclusively for the purpose of paying benefits to the enrollees of the Program, for the cost of administration of the Program, and for investments made for the benefit of the Program.
Section 8. Duties of the Board. In addition to the other duties and responsibilities stated in this Act, the Board shall:
(a) Cause the Program to be designed, established and operated in a manner that:
(1) accords with best practices for retirement savings vehicles;
(2) maximizes participation, savings, and sound investment practices;
(3) maximizes simplicity, including ease of administration for participating employers and enrollees;
(4) provides an efficient product to enrollees by pooling investment funds;
(5) ensures the portability of benefits; and
(6) provides for the de-accumulation of enrollee assets in a manner that maximizes financial security in retirement.
(b) Appoint a trustee to the IRA Fund in compliance with Section 408 of the Internal Revenue Code.
(c) Explore and establish investment options, subject to Section 45 of this Act, that offer employees returns on contributions and the conversion of individual retirement savings account balances to secure retirement income without incurring debt or liabilities to the State.
(d) Establish the process by which interest, investment earnings, and investment losses are allocated to individual program accounts on a pro rata basis and are computed at the interest rate on the balance of an individual's account.
(e) Make and enter into contracts necessary for the administration of the Program and Fund, including, but not limited to, retaining and contracting with investment managers, private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals as necessary.
(f) Conduct a review of the performance of any investment vendors every 4 years, including, but not limited to, a review of returns, fees, and customer service. A copy of reviews conducted under this subsection (f) shall be posted to the Board's Internet website.
(g) Determine the number and duties of staff members needed to administer the Program and assemble such a staff, including, as needed, employing staff, appointing a Program administrator, and entering into contracts with the State Treasurer to make employees of the State Treasurer's Office available to administer the Program.
(h) Cause moneys in the Fund to be held and invested as pooled investments described in Section 45 of this Act, with a view to achieving cost savings through efficiencies and economies of scale.
(i) Evaluate and establish the process by which an enrollee is able to contribute a portion of his or her wages to the Program for automatic deposit of those contributions and the process by which the participating employer provides a payroll deposit retirement savings arrangement to forward those contributions and related information to the Program, including, but not limited to, contracting with financial service companies and third-party administrators with the capability to receive and process employee information and contributions for payroll deposit retirement savings arrangements or similar arrangements.
(j) Design and establish the process for enrollment under Section 60 of this Act, including the process by which an employee can opt not to participate in the Program, select a contribution level, select an investment option, and terminate participation in the Program.
(k) Evaluate and establish the process by which an individual may voluntarily enroll in and make contributions to the Program.
(l) Accept any grants, appropriations, or other moneys from the Commonwealth, any unit of federal, State, or local government, or any other person, firm, partnership, or corporation solely for deposit into the Fund, whether for investment or administrative purposes.
(m) Evaluate the need for, and procure as needed, insurance against any and all loss in connection with the property, assets, or activities of the Program, and indemnify as needed each member of the Board from personal loss or liability resulting from a member's action or inaction as a member of the Board.
(n) Make provisions for the payment of administrative costs and expenses for the creation, management, and operation of the Program, including the costs associated with subsection (b) of Section 20 of this Act, subsections (e), (f), (h), and (l) of this Section, subsection (b) of Section 45 of this Act, subsection (a) of Section 80 of this Act, and subsection (n) of Section 85 of this Act. Subject to appropriation, the Commonwealth may pay administrative costs associated with the creation and management of the Program until sufficient assets are available in the Fund for that purpose. Thereafter, all administrative costs of the Fund, including repayment of any start-up funds provided by the State, shall be paid only out of moneys on deposit therein. However, private funds or federal funding received under subsection (k) of Section 30 of this Act in order to implement the Program until the Fund is self-sustaining shall not be repaid unless those funds were offered contingent upon the promise of such repayment. The Board shall keep annual administrative expenses as low as possible, but in no event shall they exceed 0.75% of the total trust balance.
(o) Allocate administrative fees to individual retirement accounts in the Program on a pro rata basis.
(p) Set minimum and maximum contribution levels in accordance with limits established for IRAs by the Internal Revenue Code.
(q) Facilitate education and outreach to employers and employees.
(r) Facilitate compliance by the Program with all applicable requirements for the Program under the Internal Revenue Code, including tax qualification requirements or any other applicable law and accounting requirements.
(s) Carry out the duties and obligations of the Program in an effective, efficient, and low-cost manner.
(t) Exercise any and all other powers reasonably necessary for the effectuation of the purposes, objectives, and provisions of this Act pertaining to the Program.
(u) Deposit into the Massachusetts Secure Choice Administrative Fund all grants, gifts, donations, fees, and earnings from investments from the Massachusetts Secure Choice Savings Program Fund that are used to recover administrative costs. All expenses of the Board shall be paid from the Massachusetts Secure Choice Administrative Fund.
Section 9. Risk Management. The Board shall annually prepare and adopt a written statement of investment policy that includes a risk management and oversight program. This investment policy shall prohibit the Board, Program, and Fund from borrowing for investment purposes. The risk management and oversight program shall be designed to ensure that an effective risk management system is in place to monitor the risk levels of the Program and Fund portfolio, to ensure that the risks taken are prudent and properly managed, to provide an integrated process for overall risk management, and to assess investment returns as well as risk to determine if the risks taken are adequately compensated compared to applicable performance benchmarks and standards. The Board shall consider the statement of investment policy and any changes in the investment policy at a public hearing.
Section 10. Investment firms.
(a) The Board shall engage, after an open bid process, an investment manager or managers to invest the Fund and any other assets of the Program. Moneys in the Fund may be invested or reinvested by the State Treasurer's Office or may be invested in whole or in part under contract with the State Board of Investment, private investment managers, or both, as selected by the Board. In selecting the investment manager or managers, the Board shall take into consideration and give weight to the investment manager's fees and charges in order to reduce the Program's administrative expenses.
(b) The investment manager or managers shall comply with any and all applicable federal and state laws, rules, and regulations, as well as any and all rules, policies, and guidelines promulgated by the Board with respect to the Program and the investment of the Fund, including, but not limited to, the investment policy.
(c) The investment manager or managers shall provide such reports as the Board deems necessary for the Board to oversee each investment manager's performance and the performance of the Fund.
Section 11. Investment options.
(a) The Board shall establish as an investment option a life-cycle fund with a target date based upon the age of the enrollee. This shall be the default investment option for enrollees who fail to elect an investment option unless and until the Board designates by rule a new investment option as the default as described in subsection (c) of this Section.
(b) The Board may also establish any or all of the following additional investment options:
(1) a conservative principal protection fund;
(2) a growth fund;
(3) a secure return fund whose primary objective is the preservation of the safety of principal and the provision of a stable and low-risk rate of return; if the Board elects to establish a secure return fund, the Board may procure any insurance, annuity, or other product to insure the value of individuals' accounts and guarantee a rate of return; the cost of such funding mechanism shall be paid out of the Fund; under no circumstances shall the Board, Program, Fund, the State, or any participating employer assume any liability for investment or actuarial risk; the Board shall determine whether to establish such investment options based upon an analysis of their cost, risk profile, benefit level, feasibility, and ease of implementation;
(4) an annuity fund.
(c) If the Board elects to establish a secure return fund, the Board shall then determine whether such option shall replace the target date or life-cycle fund as the default investment option for enrollees who do not elect an investment option. In making such determination, the Board shall consider the cost, risk profile, benefit level, and ease of enrollment in the secure return fund. The Board may at any time thereafter revisit this question and, based upon an analysis of these criteria, establish either the secure return fund or the life-cycle fund as the default for enrollees who do not elect an investment option.
Section 12. Benefits. Interest, investment earnings, and investment losses shall be allocated to individual Program accounts as established by the Board under subsection (d) of Section 30 of this Act. An individual's retirement savings benefit under the Program shall be an amount equal to the balance in the individual's Program account on the date the retirement savings benefit becomes payable. The State shall have no liability for the payment of any benefit to any participant in the Program.
Section 13. Employer and employee information packets and disclosure forms.
(a) Prior to the opening of the Program for enrollment, the Board shall design and disseminate to all employers an employer information packet and an employee information packet, which shall include background information on the Program, appropriate disclosures for employees, and information regarding the vendor Internet website described in subsection (i) of Section 60 of this Act.
(b) The Board shall provide for the contents of both the employee information packet and the employer information packet.
(c) The employee information packet shall include a disclosure form. The disclosure form shall explain, but not be limited to, all of the following:
(1) the benefits and risks associated with making contributions to the Program;
(2) the mechanics of how to make contributions to the Program;
(3) how to opt out of the Program;
(4) how to participate in the Program with a level of employee contributions other than 3%;
(5) the process for withdrawal of retirement savings;
(6) how to obtain additional information about the Program;
(7) that employees seeking financial advice should contact financial advisors, that participating employers are not in a position to provide financial advice, and that participating employers are not liable for decisions employees make pursuant to this Act;
(8) that the Program is not an employer-sponsored retirement plan; and
(9) that the Program Fund is not guaranteed by the Commonwealth.
(d) The employee information packet shall also include a form for an employee to note his or her decision to opt out of participation in the Program or elect to participate with a level of employee contributions other than 3%.
(e) Participating employers shall supply the employee information packet to employees upon launch of the Program. Participating employers shall supply the employee information packet to new employees at the time of hiring, and new employees may opt out of participation in the Program or elect to participate with a level of employee contributions other than 3% at that time.
Section 14. Program implementation and enrollment. Except as otherwise provided in Section 93 of this Act, the Program shall be implemented, and enrollment of employees shall begin, within 24 months after the effective date of this Act. The provisions of this Section shall be in force after the Board opens the Program for enrollment.
(a) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the Program at most nine months after the Board opens the Program for enrollment.
(b) Employers shall automatically enroll in the Program each of their employees who has not opted out of participation in the Program using the form described in subsection (c) of Section 55 of this Act and shall provide payroll deduction retirement savings arrangements for such employees and deposit, on behalf of such employees, these funds into the Program. Small employers may, but are not required to, provide payroll deduction retirement savings arrangements for each employee who elects to participate in the Program.
(c) Enrollees shall have the ability to select a contribution level into the Fund. This level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee's taxable year under Section 219(b)(1)(A) of the Internal Revenue Code. Enrollees may change their contribution level at any time, subject to rules promulgated by the Board. If an enrollee fails to select a contribution level using the form described in subsection (c) of Section 55 of this Act, then he or she shall contribute 3% of his or her wages to the Program, provided that such contributions shall not cause the enrollee's total contributions to IRAs for the year to exceed the deductible amount for the enrollee's taxable year under Section 219(b)(1)(A) of the Internal Revenue Code.
(d) Enrollees may select an investment option from the permitted investment options listed in Section 45 of this Act. Enrollees may change their investment option at any time, subject to rules promulgated by the Board. In the event that an enrollee fails to select an investment option, that enrollee shall be placed in the investment option selected by the Board as the default under subsection (c) of Section 45 of this Act. If the Board has not selected a default investment option under subsection (c) of Section 45 of this Act, then an enrollee who fails to select an investment option shall be placed in the life-cycle fund investment option.
(e) Following initial implementation of the Program pursuant to this Section, at least once every year, participating employers shall designate an open enrollment period during which employees who previously opted out of the Program may enroll in the Program.
(f) An employee who opts out of the Program who subsequently wants to participate through the participating employer's payroll deposit retirement savings arrangement may only enroll during the participating employer's designated open enrollment period.
(g) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, such as a defined benefit plan or a 401(k), Simplified Employee Pension (SEP) plan, or Savings Incentive Match Plan for Employees (SIMPLE) plan, or to offer an automatic enrollment payroll deduction IRA, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the Program.
(h) An employee may terminate his or her participation in the Program at any time in a manner prescribed by the Board.
(i) The Board shall establish and maintain an Internet website designed to assist employers in identifying private sector providers of retirement arrangements that can be set up by the employer rather than allowing employee participation in the Program under this Act; however, the Board shall only establish and maintain an Internet website under this subsection if there is sufficient interest in such an Internet website by private sector providers and if the private sector providers furnish the funding necessary to establish and maintain the Internet website. The Board must provide public notice of the availability of and the process for inclusion on the Internet website before it becomes publicly available. This Internet website must be available to the public before the Board opens the Program for enrollment, and the Internet website address must be included on any Internet website posting or other materials regarding the Program offered to the public by the Board.
Section 15. Payments. Employee contributions deducted by the participating employer through payroll deduction shall be paid by the participating employer to the Fund using one or more payroll deposit retirement savings arrangements established by the Board under subsection (h) of Section 30 of this Act, either:
(1) on or before the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or
(2) before such later deadline prescribed by the Board for making such payments, but not later than the due date for the deposit of tax required to be deducted and withheld relating to collection of income tax at source on wages or for the deposit of tax required to be paid under the unemployment insurance system for the payroll period to which such payments relate.
Section 16. Duty and liability of the Commonwealth.
(a) The Commonwealth shall have no duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Program. Any financial liability for the payment of retirement savings benefits in excess of funds available under the Program shall be borne solely by the entities with whom the Board contracts to provide insurance to protect the value of the Program.
(b) No State board, commission, or agency, or any officer, employee, or member thereof is liable for any loss or deficiency resulting from particular investments selected under this Act, except for any liability that arises out of a breach of fiduciary duty under Section 25 of this Act.
Section 17. Duty and liability of participating employers.
(a) Participating employers shall not have any liability for an employee's decision to participate in, or opt out of, the Program or for the investment decisions of the Board or of any enrollee.
(b) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the Program. A participating employer shall not bear responsibility for the administration, investment, or investment performance of the Program. A participating employer shall not be liable with regard to investment returns, Program design, and benefits paid to Program participants.
Section 18. Audit and reports.
(a) The Board shall annually submit:
(1) an audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Program during each calendar year by July 1 of the following year to the Comptroller, Secretary of the Commonwealth, and the State Treasurer.
(2) a report prepared by the Board, which shall include, but is not limited to, a summary of the benefits provided by the Program, including the number of enrollees in the Program, the percentage and amounts of investment options and rates of return, and such other information that is relevant to make a full, fair, and effective disclosure of the operations of the Program and the Fund. The annual audit shall be made by an independent certified public accountant and shall include, but is not limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not State employees for the administration of the Program.
(b) In addition to any other statements or reports required by law, the Board shall provide periodic reports at least annually to participating employers, reporting the names of each enrollee employed by the participating employer and the amounts of contributions made by the participating employer on behalf of each employee during the reporting period, as well as to enrollees, reporting contributions and investment income allocated to, withdrawals from, and balances in their Program accounts for the reporting period. Such reports may include any other information regarding the Program as the Board may determine.
Section 19. Penalties.
(a) An employer who fails without reasonable cause to enroll an employee in the Program within the time prescribed under Section 60 of this Act shall be subject to a penalty equal to:
(1) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the Program nor had elected out of participation in the Program; or
(2) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the Program.
(b) After determining that an employer is subject to penalty under this Section for a calendar year, the Department shall issue a notice of proposed assessment to such employer, stating the number of employees for which the penalty is proposed under item (1) of subsection (a) of this Section and the number of employees for which the penalty is proposed under item (2) of subsection (a) of this Section for such calendar year, and the total amount of penalties proposed.
Upon the expiration of 90 days after the date on which a notice of proposed assessment was issued, the penalties specified therein shall be deemed assessed, unless the employer had filed a protest with the Department under subsection (c) of this Section.
If, within 90 days after the date on which it was issued, a protest of a notice of proposed assessment is filed under subsection (c) of this Section, the penalties specified therein shall be deemed assessed upon the date when the decision of the Department with respect to the protest becomes final.
(c) A written protest against the proposed assessment shall be filed with the Department in such form as the Department may by rule prescribe, setting forth the grounds on which such protest is based. If such a protest is filed within 90 days after the date the notice of proposed assessment is issued, the Department shall reconsider the proposed assessment and shall grant the employer a hearing. As soon as practicable after such reconsideration and hearing, the Department shall issue a notice of decision to the employer, setting forth the Department's findings of fact and the basis of decision. The decision of the Department shall become final:
(1) if no action for review of the decision is commenced under the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), on the date on which the time for commencement of such review has expired; or
(2) if a timely action for review of the decision is commenced under the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), on the date all proceedings in court for the review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted.
(d) As soon as practicable after the penalties specified in a notice of proposed assessment are deemed assessed, the Department shall give notice to the employer liable for any unpaid portion of such assessment, stating the amount due and demanding payment. If an employer neglects or refuses to pay the entire liability shown on the notice and demand within 10 days after the notice and demand is issued, the unpaid amount of the liability shall be a lien in favor of the Commonwealth of Massachusetts upon all property and rights to property, whether real or personal, belonging to the employer, and the provisions in the General Laws regarding liens, levies and collection actions with regard to assessed and unpaid liabilities under that Act, including the periods for taking any action, shall apply.
(e) An employer who has overpaid a penalty assessed under this Section may file a claim for refund with the Department. A claim shall be in writing in such form as the Department may by rule prescribe and shall state the specific grounds upon which it is founded. As soon as practicable after a claim for refund is filed, the Department shall examine it and either issue a refund or issue a notice of denial. If such a protest is filed, the Department shall reconsider the denial and grant the employer a hearing. As soon as practicable after such reconsideration and hearing, the Department shall issue a notice of decision to the employer. The notice shall set forth briefly the Department's findings of fact and the basis of decision in each case decided in whole or in part adversely to the employer. A denial of a claim for refund becomes final 90 days after the date of issuance of the notice of the denial except for such amounts denied as to which the employer has filed a protest with the Department. If a protest has been timely filed, the decision of the Department shall become final:
(1) If no action for review of the decision is commenced under the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), on the date on which the time for commencement of such review has expired; or
(2) if a timely action for review of the decision is commenced under the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), on the date all proceedings in court for the review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted.
(f) No notice of proposed assessment may be issued with respect to a calendar year after June 30 of the fourth subsequent calendar year. No claim for refund may be filed more than 1 year after the date of payment of the amount to be refunded.
(g) The provisions of the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A) and the rules adopted pursuant to it shall apply to and govern all proceedings for the judicial review of final decisions of the Department in response to a protest filed by the employer under subsections (c) and (e) of this Section. Final decisions of the Department shall constitute final agency decisions pursuant to the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A).
(h) Whenever notice is required by this Section, it may be given or issued by mailing it by first-class mail addressed to the person concerned at his or her last known address.
(i) All books and records and other papers and documents relevant to the determination of any penalty due under this Section shall, at all times during business hours of the day, be subject to inspection by the Department or its duly authorized agents and employees.
(j) The Department may require employers to report information relevant to their compliance with this Act on returns otherwise due from the employers under Massachusetts General Laws, Chapter 62 and failure to provide the requested information on a return shall cause such return to be treated as unprocessable.
(k) For purposes of any provision of State law allowing the Department or any other agency of the Commonwealth to offset an amount owed to a taxpayer against a tax liability of that taxpayer or allowing the Department to offset an overpayment of tax against any liability owed to the State, a penalty assessed under this Section shall be deemed to be a tax liability of the employer and any refund due to an employer shall be deemed to be an overpayment of tax of the employer.
(l) Except as provided in this subsection, all information received by the Department from returns filed by an employer or from any investigation conducted under the provisions of this Act shall be confidential, except for official purposes within the Department or pursuant to official procedures for collection of penalties assessed under this Act. Nothing contained in this subsection shall prevent the Commissioner from publishing or making available to the public reasonable statistics concerning the operation of this Act wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this subsection shall prevent the Commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(m) Civil penalties collected under this Act and fees collected pursuant to subsection (n) of this Section shall be deposited into the Tax Compliance and Administration Fund. The Department may, subject to appropriation, use moneys in the fund to cover expenses it incurs in the performance of its duties under this Act. Interest attributable to moneys in the Tax Compliance and Administration Fund shall be credited to the Tax Compliance and Administration Fund.
(n) The Department may charge the Board a reasonable fee for its costs in performing its duties under this Section to the extent that such costs have not been recovered from penalties imposed under this Section.
(o) This Section shall go into effect 9 months after the Board notifies the Commissioner that the Program has been implemented. Upon receipt of such notification from the Board, the Department shall immediately post on its Internet website a notice stating that this Section is in effect. This notice shall include a statement that rather than enrolling employees in the Program under this Act, employers may sponsor an alternative arrangement, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan, a Savings Incentive Match Plan for Employees (SIMPLE) plan, or an automatic payroll deduction IRA offered through a private provider. The Board shall provide a link to the vendor Internet website described in subsection (i) of Section 60 of this Act.
Section 20. Rules. The Department shall adopt rules and regulations, in accordance with the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), any rules that may be necessary to implement this Act.
Section 21. Delayed implementation. If the Board does not obtain adequate funds to implement the Program within the time frame set forth under Section 60 of this Act, the Board may delay the implementation of the Program.
Section 22. Federal considerations. The Board shall request in writing an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the Program. The Board may not implement the Program if the IRA arrangements offered under the Program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Internal Revenue Code or if it is determined that the Program is an employee benefit plan and State or employer liability is established under the federal Employee Retirement Income Security Act.
Section 23. The Massachusetts Secure Choice Administrative Fund, Massachusetts General Laws, Chapter 10, Section 35I ½.
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An Act to protect health care consumers from surprise billing
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:26:33.93'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:26:33.93'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-07-20T14:34:45.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H997/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 997) of Paul J. Donato relative to non-contracted and non-emergency healthcare billing. Financial Services.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 51K the following 2 sections:-
Section 51L. (a) As used in this section and section 51M, the following terms shall have the following meanings:-
“Campus”, a hospital’s main buildings, the physical area immediately adjacent to a hospital’s main buildings and other areas and structures that are not strictly contiguous to the main buildings but are located within 250 yards of the main buildings or other area that has been determined by the Centers for Medicare and Medicaid Services to be part of a hospital’s campus.
“Facility fee”, a fee charged, billed or collected by a health care provider for hospital services provided in a facility that is owned or operated, in whole or in part, by a hospital or health system that is intended to compensate the health care provider for operational expenses and is separate and distinct from a professional fee.
“Health care provider”, shall have the same meaning as in section 1 of chapter 6D.
“Hospital”, a hospital licensed pursuant to section 51 of chapter 111.
“Professional fee”, a fee charged or billed by a health care provider for professional medical services.
(b) A health care provider shall not charge, bill or collect a facility fee except for: (i) services provided on a hospital’s campus; (ii) services provided at a facility that includes a licensed hospital emergency department; or (iii) emergency services provided at a licensed satellite emergency facility.
(c) Notwithstanding subsection (b), a health care provider shall not charge, bill, or collect a facility fee for a service identified by the commission pursuant to its authority in section 20 of chapter 6D as a service that may reliably be provided safely and effectively in settings other than hospitals.
(d) The department may promulgate regulations necessary to implement this section and impose penalties for non-compliance consistent with the department’s authority to regulate health care providers. A health care provider that violates any provision of this section or the rules and regulations adopted pursuant hereto shall be punished by a fine of not more than $1,000 per occurrence.
Section 51M. (a) If a health care provider charges or bills a facility fee for services, the health care provider shall provide any patient receiving such service with written notice that such a fee will be charged and may be billed separately.
(b) If a health care provider is required to provide a patient with notice under subsection (a) and a patient’s appointment is scheduled to occur not less than 10 days after the appointment is made, the health care provider shall provide written notice and explanation to the patient by first class mail, encrypted electronic means or a secure patient Internet portal not less than 3 days after the appointment is made. If an appointment is scheduled to occur less than 10 days after the appointment is made or if the patient arrives without an appointment, the notice shall be provided to the patient on the facility’s premises.
If a patient arrives without an appointment, a health care provider shall provide written notice and explanation to the patient prior to the care if practicable, or if prior notice is not practicable, the health care provider shall provide an explanation of the fee to the patient within a reasonable period of time; provided, however, that the explanation of the fee shall be provided before the patient leaves the facility. If the patient is incapacitated or otherwise unable to read, understand and act on the patient’s rights, the notice and explanation of the fee shall be provided to the patient’s representative within a reasonable period of time.
(c) A facility at which facility fees for services are charged, billed, or collected shall clearly identify itself as being associated with a hospital, including by stating the name of the hospital that owns or operates the location in its signage, marketing materials, Internet web sites, and stationery.
(d) If a health care provider charges, bills, or collects facility fees at a given facility, notice shall be posted in that facility informing patients that a patient may incur higher financial liability as compared to receiving the service in a non-hospital facility. Notice shall be prominently displayed in locations accessible to and visible by patients, including in patient waiting areas.
(e)(1) If a location at which health care services are provided without facility fees changes status such that facility fees would be permissible at that location under section 51L, and the health care provider that owns or operates the location elects to charge, bill, or collect facility fees, the health care provider shall provide written notice to all patients who received services at the location during the previous calendar year not later than 30 days after the change of status. The notice shall state that: (i) the location is now owned or operated by a hospital; (ii) certain health care services delivered at the facility may result in separate facility and professional bills for services; and (iii) patients seeking care at the facility may incur higher financial liability at that location due to its change in status.
(2) In cases in which a written notice is required by paragraph (1), the health care provider that owns or operates the location shall not charge or bill a facility fee for services provided at that location until not less than 30 days after the written notice is provided.
(3) A notice required or provided under paragraph (1) shall be filed with the department not later than 30 days after its issuance.
(f) The department may promulgate regulations necessary to implement this section and impose penalties for non-compliance consistent with the department’s authority to regulate health care providers. A health care provider that violates any provision of this section or the rules and regulations adopted pursuant hereto shall be punished by a fine of not more than $1,000 per occurrence. In addition to any penalties for noncompliance that may be established by the department, a violation of this section shall be an unfair trade practice under chapter 93A.
SECTION 2. Section 228 of said chapter 111 of the General Laws is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) A health care provider shall determine if it participates in a patient’s health benefit plan prior to said patient’s admission, procedure or service for conditions that are not emergency medical conditions as defined in section 1 of chapter 176O. If the health care provider does not participate in the patient’s health benefit plan and the admission, procedure or service was scheduled more than 7 days in advance of the admission, procedure or service, such provider shall notify the patient verbally and in writing of that fact not less than 7 days before the scheduled admission, procedure or service. If the health care provider does not participate in the patient’s health benefit plan and the admission,
procedure or service was scheduled less than 7 days in advance of the admission, procedure or service, such provider shall notify the patient verbally of that fact not less than 2 days before the scheduled admission, procedure or service or as soon as is practicable before the scheduled admission, procedure or service, with written notice of that fact to be provided upon the patient’s arrival at the scheduled admission, procedure or service. If a health care provider that does not participate in the patient’s health benefit plan fails to provide the required notifications under this subsection, or if the provider is rendering unforeseen out-of-network services, as defined in subsection (a) of section 30 of chapter 176O, the provider shall not bill the insured except for any applicable copayment, coinsurance or deductible that would be payable if the insured received the service from a participating health care provider under the terms of the insured’s health benefit plan. Nothing in this subsection shall relieve a health care provider from the requirements under subsections (b) to (d), inclusive.
SECTION 3. Section 1 of chapter 175H of the General Laws is hereby amended by adding the following definitions:-
“Impermissible facility fee,” a facility fee, as defined in section 51L of chapter 111, that is not charged, billed or collected in accordance with paragraphs (b) or (c) of said section 51L of said chapter 111.
“Surprise bill,” a bill received by an insured for unforeseen out-of-network services, as defined in section 30 of chapter 176O.
SECTION 4. Said chapter 175H of the General Laws is hereby further amended by striking out sections 5 and 6 and inserting in place thereof the following sections:-
Section 5. The attorney general may conduct an investigation of an alleged violation of this chapter and may commence a proceeding pursuant to section 4. Additionally, the attorney general has the authority to initiate a civil action under this chapter. When the attorney general has determined that a provider has violated this chapter, the attorney general shall notify the department of public health, the department of mental health, the board of registration in medicine or any other relevant licensing authorities, of that determination. Those licensing authorities may, upon their own investigation or upon notification from the attorney general that a provider licensed by that authority has violated this section, impose penalties for non-compliance consistent with their authority to regulate those providers.
Section 6. A person who receives a health care benefit or payment from a health care corporation or health care insurer or other person or entity, which such person knows that he or she is not entitled to receive or be paid, or a person who knowingly presents or causes to be presented with fraudulent intent a claim which contains a false statement, including but not limited to a payment or false statement regarding an impermissible facility fee shall be liable to the health care corporation or health care insurer or other person or entity for the full amount of the benefit or payment made, and for reasonable attorneys’ fees and costs, inclusive of costs of investigation. A health care corporation or health care insurer or other injured person or entity may bring a civil action under this chapter in the superior court department of the trial court.
Section 6A. A person who receives a health care benefit or payment from a health care corporation or health care insurer or other person or entity shall not be permitted to forward a surprise bill to a person covered under an insured health plan. A person who violates this section shall be liable to the health care corporation or health care insurer or other person or entity for penalties and for
reasonable attorneys’ fees and costs, inclusive of costs of investigation. A health care corporation or health care insurer or other injured person or entity may bring a civil action under this chapter in the superior court department of the trial court.
SECTION 5. Chapter 176O of the General Laws is hereby amended by adding the following section:-
Section 30. (a) As used in this section, “unforeseen out-of-network service” shall mean the following: (1) health care services rendered by an out-of-network provider for emergency medical conditions, including post-stabilization services resulting from an emergency medical condition; (2) non-emergency health care services rendered by an out-of-network provider at an in-network facility, including but not limited to: (i) services for emergency medicine, anesthesiology, pathology, radiology, or neonatology, or services rendered by assistant surgeons, hospitalists, and intensivists; (ii) health care services rendered by an out-of-network provider without the insured’s advanced knowledge, pursuant to the requirements set forth in subsections (b) through (e) of section 228 of chapter 111; (iii) health care services provided by an out-of-network provider if there is no in-network provider who can furnish such health care service at such facility; (iv) health care services rendered by an out-of-network provider, including an out-of-network laboratory, radiologist, or pathologist, where the health care services were referred, or an insured’s specimen was sent, by a participating provider to an out-of-network provider; or (v) unforeseen health care services that arise at the time health care services are rendered that must necessarily be rendered by an out-of-network provider; and (3) health care services delivered by an ambulance service provider licensed by the department of public health pursuant to section 6 of chapter 111C.
(b) An insured shall only be required to pay an out-of-network provider who renders an unforeseen out-of-network service the applicable coinsurance, copayment, deductible or other out-of-pocket expense that would be imposed if the service was rendered by a participating provider. Payments made by an insured pursuant to this section shall count towards any in-network deductible or out-of-pocket maximum pursuant to the terms and conditions of an insured’s health benefit plan.
(c) A carrier shall reimburse an out-of-network provider who renders an unforeseen out-of-network service to an insured at the carrier’s median contracted rate for that service in the geographic region in the relevant market. Such payment shall constitute payment in full to the out-of-network provider and the out-of-network provider shall not bill the insured for any amount except for any in-network cost sharing amount owed for such service.
(d) With respect to an entity providing or administering a self-funded health benefit plan governed by the provisions of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. and its plan members, this section shall only apply if the plan elects to be subject to the provisions of this section. To elect to be subject to the provisions of this section, the self-funded health benefit plan shall provide notice to the division on an annual basis, in a form and manner prescribed by the division, attesting to the plan’s participation and agreeing to be bound by the provisions of this section. The self-funded health benefit plan shall amend the health benefit plan, coverage policies, contracts and any other plan documents to reflect that the benefits of this section shall apply to the plan’s members.
(e) This section shall not be construed to require a carrier to cover health care services not required by law or by the terms and conditions of an insured’s health benefit plan. Nothing in this section shall require a carrier to pay for health care services delivered to an insured that are not covered benefits under the terms of the insured’s health benefit plan.
(f) Nothing in this section shall require a carrier to pay for nonemergency services delivered to an insured if the insured had a reasonable opportunity to choose to have the service performed by a network provider participating in the insured’s health benefit plan. Evidence that an insured had a reasonable opportunity to choose to have the service performed by a participating provider may include, but not be limited to, a consent waiver signed by the insured.
(g) The commissioner shall promulgate regulations to implement this section.
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An Act to encourage retirement planning
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H998
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HD2719
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T15:51:29.4'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T15:51:29.4'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T16:46:29.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H998/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 998) of Paul J. Donato and Sal N. DiDomenico for legislation to encourage retirement planning by establishment of a Massachusetts secure choice savings program. Financial Services.
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Section 1. Chapter 10 of the Massachusetts General Law is hereby amended by adding after Section 35I the following new Section: “ Section 35I 1⁄2. The Massachusetts Secure Choice Savings Program Act”.
Section 2. Definitions. Unless the context requires a different meaning or as expressly provided in this Section, all terms shall have the same meaning as when used in a comparable context in the Internal Revenue Code. As used in this Act:
"Board" means the Massachusetts Secure Choice Savings Board established under this Act.
"Department" means the Department of Revenue.
"Commissioner" means the Commissioner of Revenue.
"Employee" means any individual who is 18 years of age or older, who is employed by an employer, and who has wages that are allocable to Massachusetts during a calendar year under the provisions of Massachusetts General Laws, Chapter 62.
"Employer" means a person or entity engaged in a business, industry, profession, trade, or other enterprise in the Commonwealth of Massachusetts, whether for profit or not for profit, that (i) has at no time during the previous calendar year employed fewer than 5 employees in the State, (ii) has been in business at least 2 years, and (iii) has not offered a qualified retirement plan, including, but not limited to, a plan qualified under Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p), or Section 457(b) of the Internal Revenue Code of 1986 in the preceding 2 years.
"Enrollee" means any employee or former employee who is enrolled in the Program.
"Fund" means the Massachusetts Secure Choice Savings Program Fund.
"Internal Revenue Code" means Internal Revenue Code of 1986, or any successor law, in effect for the calendar year.
"IRA" means a Roth IRA (individual retirement account) under Section 408A or a traditional IRA under Section 408 of the Internal Revenue Code.
"Participating employer" means an employer that provides a payroll deposit retirement savings arrangement as provided for by this Act for its employees who are enrolled in the Program.
"Payroll deposit retirement savings arrangement" means an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the Program.
"Program" means the Massachusetts Secure Choice Savings Program.
"Wages" means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year.
Section 3. Establishment of Massachusetts Secure Choice Savings Program. A retirement savings program in the form of an automatic enrollment payroll deduction IRA, known as the Massachusetts Secure Choice Savings Program, is hereby established and shall be administered by the Board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost, and portable manner.
Section 4. Massachusetts Secure Choice Savings Program Fund.
(a) The Massachusetts Secure Choice Savings Program Fund is hereby established as a trust outside of the State Treasurer’s Office, with the Board as its trustee. The Fund shall include the individual retirement accounts of enrollees, which shall be accounted for as individual accounts. Moneys in the Fund shall consist of moneys received from enrollees and participating employers pursuant to automatic payroll deductions and contributions to savings made under this Act. The Fund shall be operated in a manner determined by the Board, provided that the Fund is operated so that the accounts of enrollees established under the Program meet the requirements for IRAs under the Internal Revenue Code.
(b) The amounts deposited in the Fund shall not constitute property of the Commonwealth and the Fund shall not be construed to be a department, institution, or agency of the Commonwealth. Amounts on deposit in the Fund shall not be commingled with Commonwealth funds and the Commonwealth shall have no claim to or against, or interest in, such funds.
Section 5. Massachusetts Secure Choice Administrative Fund. The Massachusetts Secure Choice Administrative Fund ("Administrative Fund") is created as a nonappropriated, separate and apart trust fund in the State Treasurer’s Office. The Board shall use moneys in the Administrative Fund to pay for administrative expenses it incurs in the performance of its duties under this Act. The Administrative Fund may receive any grants or other moneys designated for administrative purposes from the State, or any unit of federal or local government, or any other person, firm, partnership, or corporation. Any interest earnings that are attributable to moneys in the Administrative Fund must be deposited into the Administrative Fund.
Section 6. Composition of the Board. There is created the Massachusetts Secure Choice Savings Board.
(a) The Board shall consist of the following 7 members:
(1) the State Treasurer, or his or her designee, who shall serve as chair;
(2) the State Comptroller, or his or her designee;
(3) the Secretary of the Commonwealth, or his or her designee;
(4) two public representatives with expertise in retirement savings plan administration or investment, or both, appointed by the Governor;
(5) one representative of participating employers, appointed by the Governor;
(6) one representative of enrollees, appointed by the Secretary of the Commonwealth.
(b) Members of the Board shall serve without compensation but may be reimbursed for necessary travel expenses incurred in connection with their Board duties from funds appropriated for the purpose.
(c) The initial appointments shall be as follows: one public representative for 4 years; one public representative for 2 years; the representative of participating employers for 3 years; and the representative of enrollees for 1 year. Thereafter, all appointments shall be for terms of 4 years.
(d) A vacancy in the term of an appointed Board member shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(e) Each Board member, prior to assuming office, shall take an oath that he or she will diligently and honestly administer the affairs of the Board and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the Program.
The oath shall be certified by the officer before whom it is taken and immediately filed in the office of the Secretary of the Commonwealth.
Section 7. Fiduciary Duty. The Board, the individual members of the Board, the trustee appointed under subsection (b) of Section 8, any other agents appointed or engaged by the Board, and all persons serving as Program staff shall discharge their duties with respect to the Program solely in the interest of the Program's enrollees and beneficiaries as follows:
(1) for the exclusive purposes of providing benefits to enrollees and beneficiaries and defraying reasonable expenses of administering the Program; and
(2) by investing with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.
Section 8. Duties of the Board. In addition to the other duties and responsibilities stated in this Act, the Board shall:
(a) Cause the Program to be designed, established and operated in a manner that:
(1) accords with best practices for retirement savings vehicles;
(2) maximizes participation, savings, and sound investment practices;
(3) maximizes simplicity, including ease of administration for participating employers and enrollees;
(4) provides an efficient product to enrollees by pooling investment funds; and
(5) ensures the portability of benefits.
(b) Appoint a trustee to the Program Fund in compliance with Section 408 of the Internal Revenue Code.
(c) Explore investment options, subject to Section 11 of this Act, that offer enrollees returns on contributions and the conversion of individual retirement savings account balances to secure retirement income without incurring debt or liabilities to the State.
(d) Make and enter into contracts necessary for the administration of the Program and Fund, including, but not limited to, retaining and contracting with investment managers, private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals as necessary.
(e) Conduct a review of the performance of any investment vendors no less frequently than every 4 years, including, but not limited to, a review of returns, fees, and customer service. A copy of reviews conducted under this subsection shall be posted to the Board's Internet website.
(f) Determine the number and duties of staff members needed to administer the Program and assemble such a staff, including, as needed, employing staff, appointing a Program administrator, and entering into contracts with the State Treasurer to make employees of the State Treasurer's Office available to administer the Program.
(g) Cause moneys in the Fund to be held and invested as pooled investments with a view to achieving cost savings through efficiencies and economies of scale.
(h) Evaluate and establish the process by which an enrollee is able to contribute a portion of his or her wages to the Program for automatic deposit of those contributions and the process by which the participating employer provides a payroll deposit retirement savings arrangement to forward those contributions and related information to the Program, including, but not limited to, contracting with financial service companies and third-party administrators with the capability to receive and process employee information and contributions for payroll deposit retirement savings arrangements or similar arrangements.
(i) Design and establish the process for enrollment under Section 14 of this Act, including the default contribution rate, account type, investment option, and automatic escalation rate. The Board shall also design and establish the process by which an employee can:
(1) opt not to participate in the Program; (2) select a contribution rate, account type, investment option, or escalation rate different than the default options set by the Board; or (3) terminate participation in the Program.
(j) Evaluate and establish the process by which an individual may voluntarily enroll in and make contributions to the Program.
(k) Accept any grants, appropriations, or other moneys from the Commonwealth, any unit of federal, State, or local government, or any other person, firm, partnership, or corporation solely for deposit into the Fund, whether for investment or administrative purposes.
(l) Evaluate the need for, and procure as needed, insurance against any and all loss in connection with the property, assets, or activities of the Program, and indemnify as needed each member of the Board from personal loss or liability resulting from a member's action or inaction as a member of the Board.
(m) Make provisions for the payment of administrative costs and expenses for the creation, management, and operation of the Program. Subject to appropriation, the Commonwealth may pay administrative costs associated with the creation and management of the Program until sufficient assets are available in the Fund for that purpose. Thereafter, all administrative costs of the Fund, including repayment of any start-up funds provided by the State, shall be paid only out of moneys on deposit therein. However, private funds or federal funding received in order to implement the Program until the Fund is self-sustaining shall not be repaid unless those funds were offered contingent upon the promise of such repayment. The Board shall keep annual administrative expenses as low as possible and is authorized to charge and collect reasonable administrative fees from enrollees. (n) Allocate administrative fees to individual retirement accounts in the Program on a pro rata basis.
(o) Set minimum and maximum contribution levels in accordance with limits established for IRAs by the Internal Revenue Code.
(p) Facilitate education and outreach to employers and employees. Design and establish an internet website for the Program with details for employers, employees, and enrollees.
(q) Facilitate compliance by the Program with all applicable requirements for the Program under the Internal Revenue Code, including tax qualification requirements or any other applicable law and accounting requirements.
(r) Carry out the duties and obligations of the Program in an effective, efficient, and low-cost manner.
(s) Exercise any and all other powers reasonably necessary for the effectuation of the purposes, objectives, and provisions of this Act pertaining to the Program.
(t) Deposit into the Massachusetts Secure Choice Administrative Fund all grants, gifts, donations, fees, and earnings from investments from the Massachusetts Secure Choice Savings Program Fund that are used to recover administrative costs. All expenses of the Board shall be paid from the Massachusetts Secure Choice Administrative Fund.
Section 9. Risk Management. The Board shall prepare and adopt a written statement of investment policy that includes a risk management and oversight program. This investment policy shall prohibit the Board, Program, and Fund from borrowing for investment purposes. The risk management and oversight program shall be designed to ensure that an effective risk management system is in place to monitor the risk levels of the Program and Fund portfolio, to ensure that the risks taken are prudent and properly
managed, to provide an integrated process for overall risk management, and to assess investment returns as well as risk to determine if the risks taken are adequately compensated compared to applicable performance benchmarks and standards. The Board shall consider the statement of investment policy and any changes in the investment policy at a public hearing.
Section 10. Investment firms.
(a) The Board shall engage, after an open bid process, an investment manager or managers to invest the Fund and any other assets of the Program. Moneys in the Fund may be invested or reinvested by the State Treasurer's Office or may be invested in whole or in part under contract with the State Board of Investment, private investment managers, or both, as selected by the Board. In selecting the investment manager or managers, the Board shall take into consideration and give weight to the investment manager's fees and charges in order to reduce the Program's administrative expenses.
(b) The investment manager or managers shall comply with any and all applicable federal and state laws, rules, and regulations, as well as any and all rules, policies, and guidelines promulgated by the Board with respect to the Program and the investment of the Fund, including, but not limited to, the investment policy.
(c) The investment manager or managers shall provide such reports as the Board deems necessary for the Board to oversee each investment manager's performance and the performance of the Fund.
Section 11. Investment options.
(a) The Board shall establish as an investment option a life-cycle fund with a target date based upon the age of the enrollee. This shall be the default investment option for enrollees who fail to elect an investment option unless and until the Board designates by rule a new investment option as the default.
(b) The Board may also establish additional investment options, including, but not limited to, any of the following:
(1) a conservative principal protection fund;
(2) a growth fund;
(3) a secure return fund whose primary objective is the preservation of the safety of principal and the provision of a stable and low-risk rate of return; if the Board elects to establish a secure return fund, the Board may procure any insurance, annuity, or other product to insure the value of individuals' accounts and guarantee a rate of return; the cost of such funding mechanism shall be paid out of the Fund; under no circumstances shall the Board, Program, Fund, the State, or any participating employer assume any liability for investment or actuarial risk; the Board shall determine whether to establish such investment options based upon an analysis of their cost, risk profile, benefit level, feasibility, and ease of implementation;
(4) an annuity fund.
Section 12. Intergovernmental Collaboration, Data Sharing, and Multistate Agreements.
(a) The Board may enter into an intergovernmental agreement or memorandum of understanding with the State and any agency of the State to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the Program (subject to such obligations of confidentiality as may be agreed or required by law), or other services or assistance. The State and any agencies of the State that enter into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information, and compliance or other services or assistance to the Board. The memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.
(b) All agencies of the Commonwealth shall cooperate as requested by the Program in the performance of its duties under this Act, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
(c) The Board shall assess the feasibility of multistate or regional agreements to administer the Program through shared administrative and operational resources and may enter into those agreements if deemed beneficial to the Program.
Section 13. Employer and employee information packets and disclosure forms.
(a) The Board shall design and disseminate an employer information packet and an employee information packet, which shall include background information on the Program, appropriate disclosures for employees, and information regarding the Internet website described in Section 8 of this Act.
(b) The employee information packet shall include a disclosure form. The disclosure form shall explain, but not be limited to, all of the following:
(1) the benefits and risks associated with making contributions to the Program;
(2) the mechanics of how to make contributions to the Program;
(3) how to opt out of the Program;
(4) how to participate in the Program with a level of employee contributions other than the default contribution rate.
(5) the process for withdrawal of retirement savings;
(6) how to obtain additional information about the Program;
(7) that employees seeking financial advice should contact financial advisors, that participating employers are not in a position to provide financial advice, and that participating employers are not liable for decisions employees make pursuant to this Act;
(8) that the Program is not an employer-sponsored retirement plan; and
(9) that the Program Fund is not guaranteed by the Commonwealth.
(c) The employee information packet shall also include a form for an employee to note his or her decision to opt out of participation in the Program or elect to participate with a level of employee contributions other than the default rate set by the Board.
(d) Participating employers shall supply the employee information packet to employees after the employer has registered for the Program. Participating employers shall supply the employee information packet to new employees at the time of hiring, and new employees may opt out of participation in the Program or elect to participate with a level of employee contributions other than the default contribution rate at that time.
Section 14. Program implementation and enrollment. The Program shall be implemented, and enrollment of employees shall begin, within 24 months after the effective date of this Act. The provisions of this Section shall be in force after the Board opens the Program for enrollment.
(a) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the Program on a timeline set by the Board.
(b) Employers shall automatically enroll in the Program each of their employees who has not opted out of participation in the Program and shall provide payroll deduction retirement savings arrangements and deposit, on behalf of such employees, these funds into the Program.
(c) Enrollees shall have the ability to select a contribution level into the Fund. This level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee's taxable year under Section 219(b)(1)(A) of the Internal Revenue Code. Enrollees may change their contribution level at any time, subject to rules promulgated by the Board. If an enrollee fails to select a contribution level using the form prescribed by the Board, then he or she shall contribute the default contribution rate of his or her wages to the Program.
(d) Enrollees may select an investment option from the permitted investment options listed in Section 11 of this Act. Enrollees may change their investment option at any time, subject to rules promulgated by the Board. In the event that an enrollee fails to select an investment option, that enrollee shall be placed in the investment option selected by the Board as the default.
(e) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, such as a defined benefit plan or a 401(k), Simplified Employee Pension (SEP) plan, or Savings Incentive Match Plan for Employees (SIMPLE) plan, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the Program.
(f) An enrollee may terminate his or her participation in the Program at any time in a manner prescribed by the Board.
Section 15. Payments. Employee contributions deducted by the participating employer through payroll deduction shall be paid by the participating employer to the Fund using one or more payroll deposit retirement savings arrangements established by the Board, either:
(1) on or before the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or
(2) before such later deadline prescribed by the Board for making such payments, but not later than the due date for the deposit of tax required to be deducted and withheld relating to collection of income tax at source on wages or for the deposit of tax required to be paid under the unemployment insurance system for the payroll period to which such payments relate.
Section 16. Duty and liability of the Commonwealth.
(1) The State, the Board, each member of the Board or other State official, other State boards, commissions, or agencies, any member, officer, or employee thereof, and the Program --
(a) have no responsibility for compliance by individuals with the conditions and other provisions of the Internal Revenue Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount, and in what time frame and manner,
(b) have no duty, responsibility, or liability to any party for the payment of any benefits under the Program, regardless of whether sufficient funds are available under the Program to pay such benefits,
(c) do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance, and
(d) are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain, or any other adverse consequences, including without limitation any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits, incurred by any person as a result of participating in the Program.
(2) The debts, contracts, and obligations of the Program or the Board are not the debts, contracts, and obligations of the State, and neither the faith and credit nor the taxing power of the State is pledged directly or indirectly to the payment of the debts, contracts, and obligations of the Program or the Board.
Section 17. Duty and liability of participating employers.
(a) Participating employers shall not have any liability for an employee's decision to participate in, or opt out of, the Program or for the investment decisions of the Board or of any enrollee.
(b) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the Program. A participating employer shall not bear responsibility for the administration, investment options, or investment performance of the Program. A participating employer shall not be liable with regard to investment returns, Program design, and benefits paid to Program participants.
Section 18. Audit and reports.
(a) The Board shall annually submit:
(1) an audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Program during each calendar year by July 1 of the following year to the Comptroller, Secretary of the Commonwealth, and the State Treasurer.
(2) a report prepared by the Board, which shall include, but is not limited to, a summary of the benefits provided by the Program, including the number of enrollees in the Program, the percentage and amounts of investment options and rates of return, and such other information that is relevant to make a full, fair, and effective disclosure of the operations of the Program and the Fund. The annual audit shall be made by an independent certified public accountant and shall include, but is not limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not State employees for the administration of the Program.
(b) In addition to any other statements or reports required by law, the Board shall provide periodic reports at least annually to enrollees, reporting contributions and investment income allocated to, withdrawals from, and balances in their Program accounts for the reporting period. Such reports may include any other information regarding the Program as the Board may determine.
Section 19. Penalties.
(a) An employer who fails without reasonable cause to enroll an employee in the Program within the time prescribed under this Act shall be subject to a penalty equal to:
(1) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the Program nor had elected out of participation in the Program; and the employee or any appropriate official of the State may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court; and
(2) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the Program.
(3) No penalty shall be imposed under subsection 19(a) on any failure for which it is established that the employer subject to liability for the penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of this Act.
(4) No penalty shall be imposed under subsection 19(a) on any failure if:
(A) the employer subject to liability for the penalty exercised reasonable diligence to meet those
requirements; and
(B) the employer complies with those requirements with respect to each employee by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that the failure existed.
(5) In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(6) Provide that, if a participating employer fails to transmit a payroll deduction contribution to the Program on the earliest date the amount withheld from the enrollee’s compensation can reasonably be segregated from the participating employer’s assets, but not later than the 15th day of the month following the month in which the enrollee’s contribution amounts are withheld from his or her paycheck, the failure to remit such contributions on a timely basis shall be subject to the same sanctions as employer misappropriation of employee wage withholdings and to the penalties specified in subsection
19(a) above.
(b) Except as provided in this subsection, all information received by the Department from returns filed by an employer or from any investigation conducted under the provisions of this Act shall be confidential, except for official purposes within the Department or pursuant to official procedures for collection of penalties assessed under this Act. Nothing contained in this subsection shall prevent the Commissioner from publishing or making available to the public reasonable statistics concerning the operation of this Act wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this subsection shall prevent the Commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(c) Civil penalties collected under this Act and fees collected pursuant to subsection (d) of this Section shall be deposited into the Tax Compliance and Administration Fund. The Department may, subject to appropriation, use moneys in the fund to cover expenses it incurs in the performance of its duties under this Act. Interest attributable to moneys in the Tax Compliance and Administration Fund shall be credited to the Tax Compliance and Administration Fund.
(d) The Department may charge the Board a reasonable fee for its costs in performing its duties under this Section to the extent that such costs have not been recovered from penalties imposed under this Section.
(e) This Section shall go into effect 9 months after the Board notifies the Commissioner that the Program has been implemented. Upon receipt of such notification from the Board, the Department shall immediately post on its Internet website a notice stating that this Section is in effect. This notice shall include a statement that rather than enrolling employees in the Program under this Act, employers may sponsor an alternative arrangement, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan, or a Savings Incentive Match Plan for Employees (SIMPLE) plan. The Board shall provide a link to the vendor Internet website.
Section 20. Rules. The Department shall adopt rules and regulations, in accordance with the Massachusetts Administrative Procedure Act (Mass. Gen. Laws Ch. 30A), that may be necessary to
implement this Act.
Section 21. Delayed implementation. If the Board does not obtain adequate funds to implement the Program within the time frame set forth under Section 14 of this Act, the Board may delay the implementation of the Program.
Section 22. Federal considerations. The Board shall request in writing an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the Program. The Board may not implement the Program if the IRA arrangements offered under the Program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Internal Revenue Code or if it is determined that the Program is an employee benefit plan and State or employer liability is established under the federal Employee Retirement Income Security Act.
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An Act empowering health care consumers
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H999
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HD404
| 193
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-12T12:13:07.89'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-12T12:13:07.89'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T12:12:13.9366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T12:12:13.9366667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-27T10:49:48.15'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T09:04:52.42'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T10:03:32.7266667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-10T14:52:34.47'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T14:52:34.47'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-10T14:52:34.47'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-17T11:15:47.4333333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-17T11:15:47.4333333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:57:31.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H999/DocumentHistoryActions
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 999) of William J. Driscoll, Jr., and others relative to empowering health care consumers by further regulating policies, contracts, agreements, plans or certificates of insurance. Financial Services.
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SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47II the following section:-
Section 47JJ.
(a) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the Commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 2. Chapter 176A of the General Laws is hereby amended by inserting after section 8KK the following section:-
Section 8LL.
(a) Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered or issued or renewed within the commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 3. Chapter 176B of the General Laws is hereby amended by inserting after section 4KK the following section:-
Section 4LL.
(a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 4. Chapter 176G of the General Laws is hereby amended by inserting after section 4CC the following section:-
Section 4DD.
(a) Any individual or group health maintenance contract issued on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
SECTION 5. Chapter 32A of the General Laws is hereby amended by inserting after section 27 the following section:-
Section 28.
(a) Any coverage offered by the commission to any active or retired employee of the commonwealth who is insured under the group insurance commission on or after January 1, 2018, shall:
(1) Provide notice in the evidence of coverage and disclosure form to enrollees regarding whether the plan uses a formulary. The notice shall include an explanation of what a formulary is, how the plan determines which prescription drugs are included or excluded, and how often the plan reviews the contents of the formulary.
(2) Post the formulary or formularies for each product offered by the plan on the plan’s internet web site in a manner that is accessible and searchable by potential enrollees, enrollees, and providers.
(3) Update the formularies posted pursuant to paragraph (2) with any change to those formularies within 72 hours after making the change.
(4) Use a standard template developed pursuant to subsection (b) to display the formulary or formularies for each product offered by the plan.
(5) Include all of the following on any published formulary for any product offered by the plan, including, but not limited to, the formulary or formularies posted pursuant to paragraph (2):
(i) Any prior authorization, step therapy requirements, or utilization management requirements for each specific drug included on the formulary.
(ii) If the plan uses a Tier-based formulary, the plan shall specify for each drug listed on the formulary the specific Tier the drug occupies and list the specific co-payments for each Tier in the evidence of coverage.
(iii) For prescription drugs covered under the plans medical benefit and typically administered by a provider, plans must disclose to enrollees and potential enrollees, all covered drugs and the dollar cost-sharing imposed on such drugs. This information can be provided to the consumer as part of the plan’s formulary pursuant to paragraph (2) or via a toll free number that is staffed at least during normal business hours.
(iv) For each prescription drug included on the formulary under clauses (ii) or (iii) that is subject to a coinsurance and dispensed at an in-network pharmacy the plan must:
(A) disclose the dollar amount of the enrollee’s cost-sharing, or
(B) the plan can provide a dollar amount range of cost sharing for a potential enrollee of each specific drug included on the formulary, as follows:
Under $100 – $.
$100-$250 – $$.
$251-$500 – $$$.
$500-$1,000 – $$$$.
Over $1,000 -- $$$$$
(v) If the carrier allows the option for mail order pharmacy, the carrier separately must list the range of cost-sharing for a potential enrollee if the potential enrollee purchases the drug through a mail order facility utilizing the same ranges as provided in subclause (B).
(vi) A description of how medications will specifically be included in or excluded from the deductible, including a description of out-of-pocket costs that may not apply to the deductible for a medication.
(b) The Division of Insurance shall develop a standard formulary template which a health care service plan shall use to comply with paragraph (4).
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Governor Healey's Inaugural Address
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S1
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SD1
| 193
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{'Id': 'GOV7', 'Name': 'Maura T. Healey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/GOV7', 'ResponseDate': '2023-01-06T15:04:27.783'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1/DocumentHistoryActions
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Governor's Message (Communication)
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In Joint Session, January 5, 2023 -- Communication from Her Excellency the Governor, Maura T. Healey, submitting her inaugural address
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To the Honorable Senate and House of Representatives,
Mr. Speaker, Madame President, and members of the Legislature,
Madame Chief Justice and members of the Judiciary,
Members of the Governor’s Council and the Cabinet,
Former Governors,
First responders, members of the armed services, veterans, and distinguished guests,
Residents of our beloved Commonwealth,
We gather today to transfer the power of government and to renew the miracle of democracy.
We gather in the public trust, and commit ourselves once more to the work of the people.
I thank Governor Baker, who has led this Commonwealth with a steady hand. He has governed with integrity and care — eager to study problems and work together on solutions. The example he set for eight years was in the best traditions of public service, and it now becomes his legacy. Governor Baker, I thank you, and our state thanks you.
I thank Kim Driscoll, the best teammate I could ask for. In Salem, she has led with an eye to the future — protecting the coastal treasure of our state, and making sure we preserve it for generations to come. Kim, I can’t wait to get to work.
I thank my family, many of whom are with me in this chamber. And so many teachers, coaches, mentors, and friends, who are in my heart.
I assume this office with humility — mindful of the weight of history and lightened by the gift of gratitude. It is the honor of my life to lead this state.
My family’s story is a Massachusetts story, more than three centuries in the telling. My ancestors landed on a river bank in Newbury. On the journey they were borne along by dreams of greater freedom, and hope for the blessings of life. Decades later, in the Massachusetts Constitution — the first of its kind — those same dreams were written into a covenant and protected for all time. A model for a young nation.
My great-great-grandfather grew up in Newburyport. When he was 16, his father signed a permission slip so he could fight for the Union in the Civil War. My grandmother as a young girl would visit the Grand Army of the Republic Hall to hear their stories, and she’d later share them with my brothers and sisters and me. I think about them as I look at the servicemembers here, and honor the sacrifices they make each day.
My grandparents met on the fishing docks in a Gloucester summer. She was in nursing school; he worked at the GE factory. Later, when I was to be born at a naval hospital in Maryland, they worried that I wasn’t starting my life on Massachusetts soil. So she dug up a little dirt from the woodlot, caught a plane, sneaked into the hospital room, and put the little bag under the delivery table.
Massachusetts is my home. Its natural gifts take my breath away, and its people fill me with inspiration in return. The majesty of Mount Greylock and the hairpin turn at North Adams on the Mohawk Trail. The light at Cape Ann and the cranberry bogs of Plymouth. The port of New Bedford and the sparkling waters of the Quabbin. Long Point Peninsula and the Boston harbor islands guiding us on a flight home.
We share a legacy in this state. Our nation was born here, not with a whimper but with the spark of revolution. A hunger for something new and a demand for something better. We established the first public park and the first American public library. The first American lighthouse, railroad, and subway. The first basketball game.
Our state Constitution recognized our natural and essential rights and declared them to the world. The people of Massachusetts have always believed in protecting these rights, and dedicating them to a higher purpose. We were the first to guarantee that health care is universal, and, twenty years ago now, that love is, too. It is in that spirit of common humanity that I stand before you today, representing another historic first.
This state achieves its higher purpose when the bedrock of individual freedom meets the bond of the public spirit. This is our common wealth, in the truest sense — equally ours, equally yours, whether your Massachusetts story began in an older time or in our own time.
This is why people come to Massachusetts. To write their own story, to become their own first, to take up the common good.
What do they see?
They see the shared heritage of our beautiful land. They see a call to higher learning, to enlightenment. They see research and innovation, joined to build a better future. They see culture and charity. They see the granite dignity of hard work and an everlasting commitment to equality. They see people reaching for something better, something more.
But they also see barriers that are holding back our people and our state. Keeping just out of reach what might be, what could be.
We have untold wealth in Massachusetts. But record public revenue does little good when families can’t pay the rent, or buy a house, or heat their homes, or hire child care.
Our health system is the envy of the world. Yet our hospitals are desperate for staff. Patients are boarding in emergency rooms — spending hours and days in an agonizing wait for care. We sense the shadows of a mental health crisis, and too many suffering from substance use.
Our companies are eager to expand, but they can’t find workers with the skills they need.
Communities and people are yearning to grow and thrive, but they haven’t been given the tools to do it.
This is the greatest state in the union. But people are leaving at some of the highest rates in the country. Giving up on the Massachusetts story.
All this would be challenge enough at any time. But we meet today as our state and our country feel their way toward the other side of the Covid pandemic. This crisis has brought out and lifted up the best of our state. Our companies, our ingenuity, created vaccines and saved lives. We came together, all of us, with courage and caring, patience and persistence.
Together we are healing, but we must acknowledge the scars. Our people have lost loved ones. Their lives and livelihoods have been disrupted. The toll on our physical and mental health is real. The pandemic exposed and widened gaps in learning and health care and equity.
I also think people are tired. We can speak honestly about that. We’ve come through difficult days.
But here’s what you and I both know.
The people of Massachusetts are resourceful. And resolute. And hopeful. They’re ready for what comes next. They’re ready to walk forward. We just have to set the path. We just have to light the way.
If we do this right — if we act and choose in a way worthy of this state’s proud history and its great people — we will make a difference right now. And we will lay a foundation of success for generations to come.
So let’s chart a path forward, and walk it together. Into the next chapter of our Massachusetts story.
Many challenges are before us, but let’s start here.
We love this state because it’s our home. A home for us all.
We want people to come here. And we want people who grow up here to stay here. Our country looks on Massachusetts as a gleaming example of liberty and equality and success. But too many states are beginning to pass us by.
We have to make Massachusetts a place that people can afford to call home. Our people can’t realize their dreams until we end the nightmare of high costs.
The average rent in our state is 50% higher than the national average. We have some of the lowest homeownership rates and some of the highest housing prices.
Now, one reason for this is that Massachusetts is a great place to be. People do want to live here. That’s a good thing. But the cost of housing is also out of control because we simply don’t have enough of it. If we want Massachusetts to be a home for all, we need to build more places to live, and we need to make sure those homes are within reach.
High housing costs are unacceptable for our people, our businesses, and our state’s future. To fix that, we need to think big. We will build a state with room for all its people.
To lead this effort, in my first 100 days, I will file legislation to create a Secretary of Housing. The Secretary will work across government and support every city and town, to make sure we meet our goals.
We’ll use property that belongs to the people … to help the people. I’ve already directed my Secretary of Administration and Finance to identify unused state-owned land and facilities that we can turn into rental housing or homes within one year.
We’ll get first-time homebuyers the help they need, and reduce costs for renters by expanding tax deductions.
This is a fine start, but we need to do more — and we need your help. We rise and fall as a state with the choices and commitments of every neighborhood. Today I’m asking every citizen to join this cause. That means building more housing next to transit hubs, taking another look at zoning, and preserving the housing we already have.
Loosening the grip of rising costs also means tax reform. I know the Speaker and Senate President share this goal, and I thank them for that.
I’ve already proposed a child tax credit for every child, for every family. The legislature also put forward several worthy tax cut proposals during the last legislative session.
This would mean real relief for the people who need it most. Let’s get this done.
The strength of Massachusetts is its families. And they sorely need our help. Our state has some of the highest child care costs in the country. Our care workers don’t make a livable wage.
So today, let us pledge to be the first state to solve the child care crisis. Let’s finally pass legislation in line with Common Start to make sure every family pays what they can afford, and that care workers are paid what they deserve. This is something our families, workers, and businesses all agree on.
We also need to build a Massachusetts economy for the future.
We can’t lead tomorrow if we settle for what’s good enough today. To keep attracting the best workers in the world, our economy has to compete.
Let me speak directly to the business community. You help drive our economy and you will help build our future. In me, you will have a partner every step of the way.
That begins with making sure you have the work force you need. Tens of thousands of jobs in health care, transportation, and technology are going unfilled because the skills of our workers don’t match the demands of our economy. Let’s work with our community colleges and vocational schools, and make sure the training we offer meets the needs of our companies in every region.
In my first budget, I will create and fund a new program called MassReconnect. This will offer free community college to students over 25 who don’t have a college degree. We’ll also enhance early college opportunities and increase funding to our state university system so everyone can afford a higher degree.
What we’re talking about is an investment — and it’s the most precious kind because it’s an investment in our people.
But it can’t wait until college. We must make Massachusetts a place where every child — every child — can reach their potential. The first free public school in America was established in our state almost 400 years ago. Public education has been guaranteed ever since. Today, we need an equal guarantee for our children: That we will continue to offer not just an education but the best education.
That means funding the Student Opportunity Act to make sure every student and every school gets the resources they deserve. It means doing more for mental health care and food security. Our students can’t reach their potential if they are homeless or hungry or suffering from untreated mental illness.
To support our state, we have to support our children. And we will.
Ensuring we have the best workforce also means ensuring our workers have the training and protections they deserve, and workers will have a partner and a seat at the table every step of the way.
Now, we can’t get our state where it needs to go until our people can get where they need to go.
And let’s face it: The state of our trains and roads and bridges today is unacceptable.
Let’s acknowledge that we can’t have a functioning economy without a functioning T. So I will appoint a GM with deep experience and a laser focus on making our transit safe and reliable. In the next 60 days, we’ll appoint a Safety Chief to inspect our system, top to bottom and track by track.
We know the MBTA is woefully understaffed — and we know that lack of staffing has had grave consequences. My first budget will include funding to hire 1000 additional workers focused on the operation of the MBTA within the first year of our administration.
The roads and bridges that get us from here to there are falling apart. Billions of dollars in federal funding are available to fix it, but we are competing with every state for those dollars. So I am forming an interagency task force — the first of its kind — to compete for federal infrastructure money.
We want to win every available dollar for shovel-ready projects across our state.
The people of this state deserve the best transportation system we can offer. So let’s build it.
Finally, our greatest strength is our people, but we can not reach our potential as a state when so many are held back from reaching their own. People of color, people with disabilities, women, LGBT residents - they continue to face barriers that have held them back for generations.
We must center equity in all we do. I will be directing each agency in my administration to conduct a full equity audit. Let Massachusetts be the place that shines a light on every systemic barrier, and then does the hard work to break them down. Because that’s who we are.
I’ve talked about our shared history, the pride of this state and every citizen. Now we must devote ourselves to cherishing and protecting our shared future — and meeting the climate crisis.
Let me be clear about this. Where others may see hopelessness and resignation, I see unparalleled opportunity. We can protect our climate and create jobs. It’s not too late to do either. It’s urgent that we do both. And I believe Massachusetts can lead the world.
The legislature has already laid out ambitious goals. I share that ambition. I’ve pledged to double our offshore wind and solar targets, and quadruple our energy storage deployment. In transportation, we will electrify our public fleet, and put a million electric vehicles on the road by 2030.
Meeting these goals will take unprecedented focus, and a leader who can get the job done. Tomorrow, I am submitting an executive order to create the country’s first Cabinet-level climate chief — reporting directly to me. She will work across government and with every city and town to meet our climate goals and achieve our economic potential.
We will match our ambitions with our investments. For the first time in our state’s history, we will commit at least 1% of the state budget to environmental and energy agencies. We will triple the budget of the Clean Energy Center. We’ll create a Green Bank to foster investment in resilient infrastructure and attract new businesses to Massachusetts.
I know we can do this. Over a decade ago, Governor Patrick and the legislature made a bet on life sciences in this state — offering funding and support and leadership to make Massachusetts a leader in biotech. Now, the results are nothing short of remarkable.
Let’s commit to making climate innovation our next big investment, our next first, our next frontier.
Let’s build a Climate Corridor that stretches from the Berkshires to Barnstable harnessing research, innovation and manufacturing. We’ll create thousands of new jobs in clean tech and blue tech, coastal resiliency, and environmental justice. And I believe 10 years from now, we will look back and see the undeniable benefits for our workers, our economy, and our planet.
We can do this. We will do this.
The plans I’ve just described to you are bold. And I’m mindful of the moment. This is a time in our nation of poisoned discourse and ugly politics. Governors are using people — using children — as props for their cynical political agendas. Elected officials are putting partisanship over the interests of the people they serve.
But not in Massachusetts. That’s not who we are.
In Massachusetts, we come together. We lift people up. And we lead.
No matter what challenges we face, no matter what lies ahead, we will stay true to the best of ourselves. We will act with empathy and with equity. We will work together.
As your Governor, I can promise you that these principles will be my North Star.
Let the word go out to people and businesses here and in every part of this country. In Massachusetts, you are welcomed. You are included. You are protected.
This is a state where we will never relinquish the right to reproductive freedom. Where we prize and protect human rights. And civil rights. And gay rights. And equality. And democracy.
That is the Massachusetts we love. And we will make it stronger than ever before.
I think about the people arriving in Massachusetts just today, just now, to make a go of it. Their hopes echo back through our history. Their dreams are the dreams of those who came before me. To live in freedom and equality. In safety and in happiness. To go forward with grateful hearts and pursue the blessings of life.
Those are the words of our state Constitution. Perhaps the proudest of our many firsts.
I assume this office as the first woman and first gay person elected governor of our state.
But every one of us, every citizen, is a first. You may be a first-generation immigrant, choosing Massachusetts as the foundation of your American dream. You may be the first in your family to go to college, or to send your child there. The first in your neighborhood to start a business.
In this state, we are all trailblazers. We are all leaders. That’s why we live in Massachusetts.
What story will we write together?
Today is a day to celebrate, to think about how far we’ve come and where we need to go.
But I’m even more excited about tomorrow. Because tomorrow we get to work. We get to work in the greatest state, for the greatest people, at a moment when we can make the greatest difference — now and for a generation to come.
So with great optimism and pride, I thank you all, and now let’s come together and get this done.
God bless you, and God bless this Commonwealth.
Thank you.
Respectfully submitted,
Maura T. Healey,
Governor
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Proposal for a legislative amendment to the Constitution relative to the Governor and Lieutenant Governor
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S10
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SD1334
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:26:09.557'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:26:09.5566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-25T10:44:01.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S10/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Brownsberger, a petition (accompanied by proposal, Senate, No. 10) of William N. Brownsberger for a legislative amendment to the Constitution relative to the Governor and Lieutenant Governor. The Judiciary.
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SECTION 1. Article II of Section I of Chapter I of Part the Second of the Constitution of the Commonwealth is hereby amended by striking out the word “his”, each time it appears, and replacing it, in each instance, with the following words:- “his or her,”;
The same section is further amended by striking out the word “he”, each time it appears, and replacing it, in each instance, with the following words:- “he or she”.
SECTION 2. Article I of Section I of Chapter II of said Part the Second is hereby amended by striking out the word “His”, and inserting in place thereof, the following words:- “His or Her”.
SECTION 3. Article I of Section II of Chapter II of said Part the Second is hereby amended by striking out the word “His”, and inserting in place thereof the following words:- “His or Her”;
The same section is further amended by striking out the word “his”, each time it appears, and replacing it, in each instance, with the following words:- “his or her”.
SECTION 4. Article II of Section II of Chapter II of said Part the Second is hereby amended by striking out the word “his”, and inserting in place thereof the following words:- “his or her”.
SECTION 5. Article III of Section II of Chapter II of said Part the Second is hereby amended by striking out the word “his”, and inserting in place thereof the following words:- “his or her”.
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act establishing a special commission to study women and homelessness
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S100
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SD1254
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:44:29.913'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:44:29.9133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S100/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 100) of Robyn K. Kennedy for legislation to establish a special commission to study women and homelessness. Children, Families and Persons with Disabilities.
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SECTION 1. There shall be a special commission, as established by section 2A of chapter 4 of the General Laws, to conduct an investigation and study regarding homelessness among women in the commonwealth.
The special commission shall consist of: two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives who shall serve as co-chair, and one of whom shall be appointed by the minority leader of the house of representatives; two members of the senate, one of whom shall be appointed by the president of the senate who shall serve as co-chair, and one of whom shall be appointed by the minority leader of the senate; the governor or designee; the secretary of health and human services or designee; the commissioner of public health or designee; and the secretary of housing and economic development or designee. The first meeting of the commission shall take place not later than February 28, 2022.
The co-chairs of the special commission shall appoint seven representatives, including but not limited to: a representative of Health Care Without Walls; a representative of homeless shelters and agencies; a representative of housing advocacy organizations and agencies; a representative of a service provider with expertise in health care disparities, women’s health, and trauma-informed care; a representative of a service provider with expertise in serving survivors of sexual exploitation; an academic researcher with expertise in women’s homelessness; and an individual who has experienced homelessness.
The special commission shall conduct a community needs assessment regarding homelessness among persons who identify as women; and make recommendations regarding homelessness prevention, improving shelters for women and families, increasing permanent housing opportunities, collection and reporting of data regarding women experiencing homelessness and ensuring that homeless women have access to a full range of health care and social services.
The special commission shall submit its findings and recommendations to the clerks of the senate and the house of representatives, the chair of the house committee on ways and means, the chair of the senate committee on ways and means, the chairs of the joint committee on housing and the chairs of the joint committee on mental health, substance abuse not later than July 31, 2023.
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An Act clarifying the child advocate’s authority to access juvenile records
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S1000
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SD1083
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:49:45.287'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:49:45.2866667'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1000) of Adam Gomez for legislation to clarify the child advocate’s authority to access juvenile records. The Judiciary.
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SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 175 after the word “safety” the following:-
(34) The child advocate may obtain data on adult and juvenile arrests as well as data on court proceedings such as arraignments, adjudications and dispositions, as necessary for the performance of the duties of the office.
SECTION 2. Chapter 18C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 6 and inserting in place thereof the following:-
Section 6. The child advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of children in the custody of the commonwealth or who are receiving services from an executive agency. The child advocate shall have access to all court records that the child advocate deems relevant, including records held by the clerk of the juvenile court and the clerk of the probate and family court, records held by the Massachusetts Probation Service, and records on adults and juveniles contained in the electronic information systems maintained by the department of criminal justice information services, including personally identifiable information if requested by the child advocate and the right to inspect and copy, without cost. The child advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12.
SECTION 3. Said chapter 18C, as so appearing, is hereby amended by striking out section 11 and inserting in place thereof the following:-
Section 11. Examination of systemwide service
The child advocate may examine systemwide service provision to children in the Commonwealth. Such examination may address, but is not limited to, responses to child abuse and neglect including prevention efforts and efforts to stop reoccurrence, related mental health, substance use and domestic violence issues, childhood trauma pursuant to section 14, the adequate provision of education, the coordination of services among executive state agencies, the availability of reliable data regarding service provision and effectiveness of services provided to children in the Commonwealth, juvenile contact with criminal justice agencies and systems in relation to section 89 of chapter 119, the provision of services through contracts made with provider entities, and shall report on any such examination in the annual report pursuant to section 10. The child advocate may also file any additional report on examinations pursuant to this section with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities. The child advocate's examination may include, without limitation, racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of child abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of children at risk, criminal offender record information reviews, juvenile court records, federal criminal records, administrative and cost requirements, federal funding for child welfare purposes and the effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals with expertise in child welfare in preparing a report under this section.
SECTION 4. Section 12 of said chapter 18C, as so appearing, is hereby amended by inserting in line 3 after the word “Notwithstanding” the following words:- sections 167 and 172 of chapter 6,.
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An Act to improve after hours bail procedures
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S1001
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SD1236
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T12:35:11.38'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T12:35:11.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1001/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1001) of Adam Gomez for legislation to improve after hours bail procedures. The Judiciary.
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SECTION 1. Section 24 of Chapter 262 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
(a) Subject to appropriation, the Trial Court shall be responsible for compensation to persons authorized to take bail outside of regular working hours pursuant to this section.
SECTION 2. Said Section 24 of said Chapter 262, as so appearing, is further amended by striking out the second paragraph.
SECTION 3. Said Section 24 of Chapter 262, as so appearing, is further amended by striking out the third paragraph and inserting in place thereof the following paragraph:- (b) Persons authorized to take bail may administer though wire or electronic means any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate the setting or taking of bail or the setting or taking of release on personal recognizance to any other person.
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An Act supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records
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S1002
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SD1531
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T17:00:35.94'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T17:00:35.94'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T17:07:04.55'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-09T10:55:27.0366667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-09T10:55:27.0366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:24:54.0633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T17:43:41.0966667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-03T10:35:23.56'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-07T11:53:02.18'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T14:45:43.57'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-09T09:48:31.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1002/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1002) of Adam Gomez, Liz Miranda, Rebecca L. Rausch, James K. Hawkins and other members of the General Court for legislation to support survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records. The Judiciary.
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SECTION 1. Section 100E of chapter 276 of the General Laws, as so appearing, is hereby amended by adding the definition “victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations” as follows “a victim of act(s) constituting (i) abuse as defined in section 1 of chapter 209A (ii) human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or (iii) act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations.”
SECTION 1. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by striking the word “or” at the end of paragraph (a)(5).
SECTION 2. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the sixth paragraph of subsection (a), the following paragraph:-
(7) an offense that occurred as a result of the petitioner being a victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations.
SECTION 3. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence of subsection (b), the following sentences:-
Any official documentation from any local, state or federal community-based or governmental agency of the defendant’s status as a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was a result of their victimization, but shall not be required for granting a petition. For purposes of this subsection, “official documentation” shall be defined as any document issued by a local, state or federal community-based or government agency in the agency’s official capacity. A judge shall consider any credible evidence including testimony of the petitioner in determining eligibility for relief.
SECTION 4. Chapter 276 of the General Laws is hereby amended by striking out section 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the following section:-
Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section 100H, or section 100K available for inspection in any form by any person.
SECTION 5. Section 100C of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph, the following paragraphs:-
Notwithstanding other provisions in section 100A—100C, a judge may without a waiting period seal any court appearance or disposition where the offense occurred as a result of the petitioner being a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations, and the petitioner can establish a connection between the offense and having been a victim of the aforementioned act(s) and it appears to the court that substantial justice would best be served by the sealing of the record(s).
A judge shall consider any credible evidence including testimony of the petitioner in determining eligibility for relief under this section. Any official documentation from any local, state or federal community-based or governmental agency of the defendant’s status as a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations, at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was connected to their victimization, but shall not be required for granting a petition. For purposes of this subsection, “official documentation” shall be defined as any document issued by a local, state or federal community-based or government agency in the agency’s official capacity, or any criminal justice agency as defined by section 167 of chapter 6.
SECTION 6. Sections 100A, 100B, and 100C of chapter 276 of the General Laws, as so appearing, are hereby amended by inserting the following language at the end of each section: “The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the information contained in the sealed records to the individual or the individual’s legal representative without first obtaining a court order.”
SECTION 7. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by changing the word “defendant” to “petitioner” throughout the section.
SECTION 8. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking the phrase “under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272 or under section 34 of chapter 94C for simple possession of a controlled substance” from subsection (a).
SECTION 9. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking the phrase “of a reasonable probability that the defendant's participation in the offense was a result of having been a human trafficking victim as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102” from subsection (a) and inserting the phrase “that petitioner was a victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations as defined by Section 100E of chapter 276, and the petitioner participated in the offense as a result of fear, duress, coercion, or intimidation by a perpetrator of said act(s).”
SECTION 10. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting at the beginning of subsection (5) the following: A hearing on this petition is not required and the court may grant the petition without a hearing if the requirements are met or if the court finds justice so requires. If a hearing is conducted,”
SECTION 11. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting at the end of subsection (6) the following: “Any filings related to the petition shall be automatically filed under seal, and any hearings that take place shall be confidential, unless otherwise requested by the petitioner.
”SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph of subsection (b) the following: “The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.”
SECTION 13. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking “charges of engaging in common night walking or common streetwalking in violation of section 53 of chapter 272 and to charges of violating section 26 or 53A of said chapter 272” and by inserting “any charges” in its place. Also, by striking “while a human trafficking victim” and by inserting “as a result of being a victim of human trafficking.”
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An Act protecting all persons with a criminal history from discrimination
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S1003
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SD1834
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T10:06:35.403'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T10:06:35.4033333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-18T08:43:08.6566667'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1003) of Adam Gomez for legislation to protect all persons with a criminal history from discrimination. The Judiciary.
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SECTION 1. Section 1 of Chapter 151B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection beginning on line 178 after subsection 23:-
24. “Criminal History” shall be defined as “information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correction supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term includes those records of a State or locality sealed pursuant to law if such records are accessible by State and local criminal justice agencies for the purpose of conducting background checks.”
SECTION 2. Section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in lines 17 and 64, in each instance, the following words:- “criminal history,”.
SECTION 3. Section 4 of said chapter 151B is hereby amended by inserting after the word “identity,”, in lines 3, 187, 202, 210, 221, 230, 264, 291, 298, 309, 359, 367, 377, 477, 488, 493, 500, 633, 644, 655, 821, 831 in each instance, the following words:- “criminal history,”.
SECTION 4. Section 2 of chapter 151C of the General Laws, as so appearing, is hereby amended by inserting after the word “race,”, in lines 5 and 18, in each instance, the following words:- “criminal history,”.
SECTION 5. Section 2A of said chapter 151C, as so appearing, is hereby amended by inserting after the word “race,”, in lines 5, 9, and 15, in each instance, the following words:- “criminal history,”.
SECTION 6. Section 92A of chapter 272 of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in line 10, the following words:- “criminal history,”.
SECTION 7. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “identity,”, in line 3, the following words:- “criminal history,”.
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An Act reforming the Massachusetts civil rights act
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S1004
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SD1970
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T11:11:32.25'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T11:11:32.25'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:57:22.8233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:35:02.4533333'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1004) of Adam Gomez and Erika Uyterhoeven for legislation to reform the Massachusetts civil rights act. The Judiciary.
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SECTION 1. Section 11I of chapter 12 of the General Laws is hereby amended by inserting after the word “damages.” the following:-
In an action brought under this section against a person or entity acting under color of law, proof shall not be required that the interference or attempted interference was by threats, intimidation or coercion.
SECTION 2. Section 11I of chapter 12 of the General Laws is hereby amended by adding the following new paragraph:-
In an action for monetary damages brought under this section against a law enforcement officer, as defined in section 1 of chapter 6E, acting under color of law, qualified immunity shall not apply where the defendant cannot establish that the conduct was clearly lawful. Nothing in this section shall affect the provisions of chapter 258 with respect to indemnification of public employees.
SECTION 3. The provisions of this act will take effect immediately upon enactment.
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An Act relative to juvenile fees, fines, and restitution
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S1005
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SD2123
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T13:25:49.53'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T13:25:49.53'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:54:54.46'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1005) of Adam Gomez and Sal N. DiDomenico for legislation relative to juvenile fees, fines, and restitution. The Judiciary.
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SECTION 1. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 29A.
SECTION 2. Section 55 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the following words from the first paragraph:-
A parent, guardian or person with whom such child resides who is summoned to appear before the court to show cause why such child shall not be adjudged a delinquent child by reason of having committed the offense of willful or malicious destruction or wanton destruction of property, in violation of the provisions of section one hundred and twenty-seven or one hundred and twenty-seven A of chapter two hundred and sixty-six, and who willfully fails to so appear shall be punished by a fine of not less than two hundred nor more than three hundred dollars.
SECTION 3. Section 58B of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “ section sixty-two “ the following words:-
subject to a determination of the youth's ability to pay. Restitution shall not be ordered in excess of the youth’s ability to pay and the length of time it may take a youth to pay may not be considered in determining the length of probation.”, and by amending it further by striking out the following words “; and in addition to or in lieu of such disposition, the court may impose upon such child a fine not exceeding the amount of the fine authorized for the violation of such statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section shall be collected, recovered and paid over in the manner provided by chapters two hundred and seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and brought before the court, which may thereupon place him in the care of a probation officer or commit him to the custody of the department of youth services; but no such child shall be committed to any jail, house of correction, or correctional institution of the commonwealth.
SECTION 4. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 58C. Notwithstanding any general or special law or rule or regulation to the contrary, no fine or fee shall apply to any person based on an offense committed while under the age of criminal majority or the person’s parent, guardian, or legal custodian.
SECTION 5. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 62, and inserting in its place the following:-
Section 62. If, in adjudging a person a delinquent child, the court finds, as an element of such delinquency, that he has committed an act involving liability in a civil action, and such delinquent child is placed on probation, the court may hold a restitution hearing. There shall be no mandatory order of restitution, and any order shall be made at the discretion of the presiding judge. At a restitution hearing, the court shall make a determination of a youth’s ability to pay. The amount set may not exceed the youth’s ability to pay and the length of time it may take a youth to pay may not be taken into consideration in determining the length of probation. The youth’s term of probation shall not be extended or revoked solely based upon the nonpayment of restitution. There shall be a presumption of inability to pay, which may be rebutted at a restitution hearing by evidence establishing that the youth (1) has an income that is 250% of the federal poverty line, independent of parental or other family income; (2) is not currently incarcerated, detained, or in out-of-home placement, and (3) is not receiving needs-tested government benefits, including but not limited to free school lunch, SNAP, TANF, SSI, or housing assistance. A juvenile for whom restitution is ordered who is not able to make restitution payments in the manner ordered by the court may move the court for a modification of the restitution order. If the court determines the juvenile is unable to pay the restitution in the time and manner ordered, the court may modify its prior order to allow additional time for payment, reduce the amount of restitution, or eliminate the amount of restitution ordered.
SECTION 6. Section 63 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “any person” in line 1 the following words:-
over the age of criminal majority when charged
SECTION 7. Section 69 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “warrant for his arrest” the following language:-
except that a warrant may not issue solely for nonpayment of fines or fees.
SECTION 8. Section 145 of Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section (e) and inserting in its place the following:-
(e) A justice of the trial court shall not commit a person to a prison, place of confinement or the department of youth services solely for the non-payment of money based on conduct that occurred committed while under the age of criminal majority.
SECTION 9. Section 2 of Chapter 211D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “motor vehicles,” the following words:-
No one accused of committing an offense while under the age of criminal majority will be assessed any fee for the appointment of counsel.
SECTION 10. Section 2A of Chapter 211D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in subsection (f), the words “under 18 years of age,” and inserting in place thereof the following:-
alleged to have committed an offense committed while under the age of criminal majority,
SECTION 11. Chapter 258B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 8 and inserting in its place the following:-
Section 8. The court shall impose an assessment of no less than $90 against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony committed when over the age of criminal majority. The court shall impose an assessment of $50 against any person who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor when over the age of criminal majority. The court shall impose an additional domestic violence prevention and victim assistance assessment of $50 for: (i) any violation of an order issued pursuant to sections 18 or 34B of chapter 208, section 32 of chapter 209, sections 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; (ii) a conviction for an act which would constitute abuse, as defined in section 1 of chapter 209A; or (iii) a violation of section 13M or 15D of chapter 265, which shall be deposited in the Domestic and Sexual Violence Prevention and Victim Assistance Fund, established in section 20 of chapter 17. The court, including the clerk-magistrate, or the registrar of motor vehicles shall impose an assessment of $45 against any violator who fails to pay the scheduled civil assessment for a civil motor vehicle infraction or to request a noncriminal hearing within the twenty day period provided for in subsection (A) of section three of chapter ninety C, except where the person is required by law to exercise the right to pay before a justice. When multiple civil motor vehicle infractions arising from a single incident are charged, the total assessment shall not exceed $75. In the discretion of the court or the clerk magistrate in the case of a civil motor vehicle infraction that has not been heard by or brought before a justice, a civil motor vehicle assessment imposed pursuant to this section which would cause the person against whom the assessment is imposed severe financial hardship, may be reduced or waived. If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial hardship to the person against whom the assessment is imposed or the person's immediate family or the person's dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
All such assessments made shall be collected by the court or by the registrar, as the case may be, and shall be transmitted monthly to the state treasurer. If the person convicted is sentenced to a correctional facility in the commonwealth, the superintendent or sheriff of the facility shall deduct any part or all of the monies earned or received by any inmate and held by the correctional facility, to satisfy the victim and witness assessment, and shall transmit such monies to the court monthly. The assessment from any conviction which is subsequently overturned on appeal shall be refunded by the court to the person whose conviction is overturned. Said court shall deduct such funds from the assessments transmitted to the state treasurer. Assessments pursuant to this section shall be in addition to any other fines or restitution imposed in any disposition.
When a determination of the order of priority for payments required of a defendant must be made by the court or other criminal justice system personnel required to assess and collect such fines, assessments or other payments, the victim and witness assessment and the domestic violence prevention and victim assistance assessment mandated by this section shall be the defendant's first obligation.
SECTION 12. Section 1 of Chapter 258C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following language in the definition of the word “victim” after the word “death”:- a person who suffers a financial loss as the result of a crime committed by a person under the age of criminal majority, or personal physical or psychological injury or death:
SECTION 13. Section 2 of Chapter 258C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:-
Section 2. (a) No compensation shall be paid under this chapter unless the division finds that a crime was committed and that such crime (i) was committed by a person under the age of criminal majority and resulted in a financial loss to the victim or (ii) directly resulted in personal physical or psychological injury to, or death of, the victim.
(b) No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the division finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime; provided, however, that a claimant who was a victim under 18 years of age shall not be required to file such report within 5 days.
(c) A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim suffered a financial loss as a result of a crime committed by a person under the age of criminal majority or was injured or killed unless the claimant demonstrates that he possesses or possessed a reasonable excuse for failing to cooperate.
(d) A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to regulations enacted in accordance with section four to prevent unjust enrichment, be denied compensation because of such claimant's or victim's familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender.
(e) An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim's acts or conduct provoked or contributed to the injuries, the division may reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four. In the event of a victim's death by homicide, an award may be reduced except that the costs for appropriate and modest funeral, burial or cremation services shall be paid by the fund.
[There is no subsection (f).]
(g) The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorney’s fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The division may include as part of its award, reasonable attorney’s fees to be determined by the division in an amount not to exceed fifteen percent of the total award for compensation.
SECTION 14. Section 30 of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in the first sentence after the words “any person,” the following:-
excepting individuals alleged to have committed an offense while under the age of criminal majority,
SECTION 15. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out before (ii) the word “or” and inserting in the first paragraph after the words “written certification,” the following words:-
or (iii) solely on the basis of nonpayment of a fine, fee, restitution, or other monetary obligation imposed as a result of an offense committed while under the age of criminal majority.
SECTION 16. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:-
Notwithstanding this section or any other general or special law to the contrary, no fee or surcharge required pursuant to this section shall be assessed upon any person placed on probation for an offense committed while under the age of criminal majority.
SECTION 17. On the effective date of this section, the balance of any court-assessed or court-ordered costs imposed against a juvenile, or other person who is liable for the support of a juvenile, are unenforceable and not collectable.
SECTION 18. Section 178Q of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “upon every sex offender” the following:- except those who committed their offense while under the age of criminal majority.
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Resolve relative to increasing racial diversity among judges in Massachusetts
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S1006
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SD2369
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T16:17:33.227'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T16:17:33.2266667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T16:18:18.6666667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-20T16:18:18.6666667'}]
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Resolve
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By Mr. Gomez, a petition (accompanied by resolve, Senate, No. 1006) of Adam Gomez, Russell E. Holmes and Carlos González that provisions be made for an investigation and study by a special commission (including members of the General Court) to increase racial diversity among judges in Massachusetts. The Judiciary.
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Resolved, that notwithstanding any special or general law to the contrary, there shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to study the potential for legislative action to increase racial diversity among the judiciary in the Commonwealth. The commission shall consist of 15 members: 2 of whom shall be the chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall be the chair of the Massachusetts Black and Latino Legislative Caucus or a designee; 1 of whom shall be the chair of the Massachusetts House Asian Caucus or a designee; 1 of whom shall be the attorney general or a designee; 1 of whom shall be the secretary of public safety and security or a designee; 1 of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; 1 of whom shall be the president of the National Association for the Advancement of Colored People New England Area Conference or a designee; 2 of whom shall be appointed by the Governor’s Council; and 8 of whom shall be appointed by the governor, 1 of whom shall be from the Massachusetts Bar Association, 1 of whom shall be from the Boston Bar Association, 1 of whom shall be from the Massachusetts Black Lawyers Association, 1 of whom shall be from the Massachusetts Association of Hispanic Attorneys, 1 of whom shall be from the Asian American Lawyers Association of Massachusetts, 1 of whom shall be from the Massachusetts District Attorney’s Association or an Assistant District Attorney, and 1 of whom shall be from the Committee for Public Counsel Services.
(b) The appointments made by the governor pursuant to subsection (a) shall include women and people of color in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer.
(c) The commission shall evaluate the current and historic state of racial diversity among judges in the Commonwealth of Massachusetts including, but not limited to: (i) the impact legislative action could have on racial diversity within the judiciary; (ii) recommendations to ensure increased racial diversity across the judiciary; (iii) proposed standards for admission to the judiciary, including, but not limited to, age, education, community of origin, psychological and mental health; and (iv) any other information the commission deems relevant.
(d) The commission shall submit its findings and recommendations relative to increasing racial diversity within the judiciary by filing the same with the clerks of the house of representatives, the senate, the Governor’s Council, and the Governor not later than December 31, 2024.
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An Act relative to probation violations
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S1007
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SD891
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:09:13.963'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:09:13.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1007/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1007) of Patricia D. Jehlen for legislation relative to probation violations. The Judiciary.
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SECTION 1. Section 133 of Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last sentence.
SECTION 2. Section 3 of Chapter 279 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 4 sentences:-
If such suspended sentence is to the state prison and is revoked, the sentence shall be in full force and effect. If such suspended sentence is to the house of correction and is revoked, the court shall have discretion to impose (i) the full term of the suspended sentence; or (ii) a portion of the suspended sentence with the remaining balance suspended. If the court imposes a portion of the suspended sentence, then the remaining balance of the suspended sentence and the length of time for which the balance is suspended shall be reduced by the time served on revocation. If the court imposes less than the full term of the suspended sentence, the court shall also have discretion to revise the conditions of probation.
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An Act enhancing justice for families harmed by lead
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S1008
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SD935
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:11:54.423'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T19:11:54.4233333'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1008) of Patricia D. Jehlen for legislation to enhance justice for families harmed by lead. The Judiciary.
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SECTION 1. Section 189A of Chapter 111, as appearing in the 2018 Official Edition, is hereby amended striking out the words “one hundred and ninety-nine B”, in line 2, and inserting in place thereof the following:- “one hundred and ninety-nine C”.
SECTION 2. Said section 189A of Chapter 111, as so appearing, is hereby further amended by inserting after the word “seventy-eight”, in line 39, the following:-
“Placing lead in commerce”. A party shall be regarded as having placed lead in commerce if it offers lead for sale or incorporates lead into products and offers the products for sale, or the party knows or should have known that the sold materials consisting of lead or containing lead would be incorporated into products that would be offered for sale. This shall not include sale for use that is not expected to cause exposures, such as lead batteries that are intended to be used in a closed-loop fashion and recycled, if the party placing lead into commerce has taken action to restrict sale to such uses and to provide assistance with recycling, unless it is shown that the party should have known the batteries or other lead-containing product intended to be used in a closed-loop fashion and recycled would not in fact be recycled. It shall not include retail facilities that accept articles for sale and do not themselves incorporate lead into the products they sell. It shall not include materials containing lead below limits set under federal or state definitions pertaining to lead-containing products.
“Lead-containing materials used to convey drinking water” shall include lead service lines and other components of drinking water systems. However, solder, brass fittings and pumps and decorative items shall not be included unless it is shown that lead content was present in excess of limits or in violation of proscriptions on use by any government authority.
SECTION 3. Said Chapter 111 is hereby amended by inserting, after Section 199B, the following section:-
Section 199C. (a) In any legal proceeding to recover damages caused by exposure to lead from coatings, lead-containing materials used to convey drinking water, materials prohibited by Section 196 of this chapter, and any other product made of or containing lead placed in commerce and used in residences, schools, hospitals or child-occupied facilities as defined under the federal Residential Lead-Based Paint Hazard Reduction Act, the inability to identify the specific party that placed lead or lead-containing products into commerce shall not prevent those harmed by such placement from recovering for damages caused by exposure to the lead or the lead-containing product. When a plaintiff is shown to have lead in blood, bones, teeth or other body tissues at levels identified in the scientific literature causative of injury such injury shall be presumed to have been caused by lead exposure. Plaintiffs suffering injury consistent with exposure to lead caused by the placement of such products in commerce may recover damages for their injury by establishing by a preponderance of evidence the following:
(1) that the defendant placed lead or lead-containing products into commerce which caused exposures sufficient to cause injury, and (2) that the party placing lead in commerce knew or should have known that such harm was a likely consequence of their actions, and (3) the party placing lead in commerce took no or insufficient action to prevent such harm.
(b) No party placing lead into commerce shall be liable if they can show the following:
(1) that they took actions to prevent exposures by users of their product, sufficient to reach and adequately inform all potential users and to include all potential uses. Proof of adequate measures taken to ensure safety through the life-cycle of the use of the lead or lead-containing product must include information about appropriate post-use management of the product, or
(2) that they sold their product for uses that a reasonable person could expect would not subject anyone to harm, or
(3) that their product could not have harmed the plaintiff, or
(4) that they had no reason to expect that their product might be used in residences, schools, hospitals, or child-occupied facilities as defined by the federal Residential Lead-Based Paint Hazard Reduction Act, or used by consumers in a manner that would cause exposure to lead, or
(c) A court may use any reasonable means of allocating liability amongst those who placed lead in commerce, including determining that liability may be apportioned according to the market share relevant to the activity that caused the harm. The ability of courts to dictate allocation of liability amongst jointly responsible parties shall not mitigate the ability of plaintiffs to recover from any particular defendant found to be liable under this section.
(d) This section does not pertain to, nor does it remove any existing liability applicable to providers or sellers of housing, nor to the availability of a cause of action against defendants described herein by any plaintiffs except those injured by lead, except that public officials may seek compensation for victims of lead poisoning as part of an action seeking reimbursement for the costs of remediating lead-contaminated properties.
(e) The remedy provided by this section is not exclusive and supplements any existing statutory or common law cause of action.
(f) A parent or guardian of a child, landlord, seller or manager of properties, housing authority, retailer, government official, child-occupied facility, school district or other entity except those placing lead in commerce shall not be liable to those placing lead in commerce in an action for contribution for damages recovered under this section.
(g) Nothing in this section shall prevent or mitigate any right to recover damages from exposure to lead nor any defense to such recovery available under other statutes or common law.
(h) The ability to recover damages from lead exposure under this section shall be available for six years after its passage, or six years from the time that a plaintiff has reason to know or should have known that they have the right to such recovery, whichever is longer.
(i) The Department of Public Health, in consultation with agencies of the Commonwealth on the Toxics Use Reduction Administrative Council, and the Departments of Agricultural Resources and Fish and Wildlife as relevant, may add other products to this chapter, even though not commonly used in residences, schools, hospitals or child-occupied facilities, if they deem it advisable for the protection of public health.
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An Act relative to plant medicine
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S1009
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SD949
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T09:26:24.98'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T09:26:24.98'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-21T08:56:26.4666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1009/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1009) of Patricia D. Jehlen for legislation relative to plant medicine. The Judiciary.
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SECTION 1. Chapter 94C of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after section 49 the following new section-:
Section 50: Entheogenic Plants and Fungi
Notwithstanding any general or special law to the contrary, all of the following shall be lawful for a natural person 18 years of age or older and shall not be a violation of state or local law:
The possession, ingestion, obtaining, growing, giving away without financial gain to natural persons 18 years of age or older, and transportation of no more than two grams of psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline, excluding the weight of any material such as water, plant and fungi material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended.
“Financial gain” shall mean the receipt of money or other valuable consideration in exchange for the item being shared.
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An Act relative to families and children in need of assistance
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S101
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SD2030
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T14:15:58.883'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T14:15:58.8833333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-04-13T10:04:47.5033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:49:07.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S101/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 101) of Robyn K. Kennedy for legislation relative to families and children in need of assistance. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by striking out section 16U and replacing it with the following new text:
(a) As used in this section, the following words shall have the following meanings:-
''Child requiring assistance'', as defined in section 21 of chapter 119.
“Chronic absenteeism” missing at least ten percent of days enrolled regardless of whether the absences are considered excused, unexcused and/or for disciplinary reasons.
''Community-based services'', services, including coordination of services, designed to assist families requiring assistance so that, if appropriate, children of the family may continue to reside with their family and attend their community school while enjoying a strengthened relationship with their family.
''Family requiring assistance'', as defined in section 21 of chapter 119.
''Habitually truant'', as defined in section 21 of chapter 119.
''Secretary'', the secretary of health and human services.
(b) Subject to appropriation or third party reimbursement, the secretary shall:
(1) establish a network of child and family service programs and family resource centers throughout the commonwealth to provide community-based services to families, including families with children requiring assistance under subsection (c);
(2) develop guidelines and standards necessary to achieve and maintain, on a statewide basis, a comprehensive and integrated network of community-based services and family resource centers for children and families;
(3) promote efficiency by including in the network of community-based services and family resource centers access to the following services: (i) organizations that are part of the comprehensive community-based behavioral health delivery system coordinated by the secretary under section 16S; (ii) organizations that provide services or have experience in coordinating access to community-based services such as local schools; (iii) other local public agencies and private organizations; and (iv) local medical, behavioral or mental health care providers;
(4) coordinate the services provided by the network and in the family resource centers including, but not limited to, outreach, intake, screening, assessment and referral to services;
(5) encourage cooperation among local providers as needed to provide the full complement of services required under this section;
(6) monitor and provide technical assistance to family resource centers and providers of community-based services;
(7) require the use of standard intake screening and assessment tools to evaluate families and children seeking community-based services which shall identify the family's strengths, resources and service needs including, but not limited to, mental health, behavioral health or substance abuse treatment, basic family shelter, clothing and food needs, child care needs, health insurance status, legal issues, education placement and child protection; and
(8) create a data collection system for use by programs within the community-based services network and family resource centers which shall: (i) maintain the privacy of clients served, (ii) assist programs and the secretary in identifying and addressing the needs of the population to be served, including gaps in service availability and how long clients are waiting to receive services (iii) collect information including, but not limited to, insurance status and benefit coverage of clients served, income documentation as needed to apply a sliding fee scale for payment or waiver of payment for services, (iv) collect data regarding the services received by a family, and (v) such other information deemed necessary to assist the program and the secretary in providing services, identifying service needs and gaps and evaluating the effectiveness of family resource centers and the community-based services network. Annually, the secretary shall submit a report to the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the child advocate detailing, but not limited to: (i) the number of children and families served at each center; (ii) the types of programs offered; (iii) program outcomes including referrals to the juvenile court; (iv) service gaps, including unavailable services and services with long wait times (v) client feedback; (vi) progress on data sharing between centers, (vii) the number of children served by a multidisciplinary team pursuant to subsection (c), and (viii) the number of children referred to a Juvenile Court for a child requiring assistance petition following a multidisciplinary team process. All data shall be disaggregated by the child’s race, ethnicity, gender, and age.
(c) The network of community-based services and family resource centers shall: (i) assist families so that, whenever possible, children may continue residing with their families in their home communities; (ii) assist families to enable children to continue as students in their community schools; (iii) strengthen the relationships between children and their families; and (iv) provide coordinated, comprehensive, community-based services for children at risk of chronic absenteeism, dropping out of school, committing delinquent acts or engaging in behaviors which impede the likelihood of leading healthy, productive lives, or who have been referred from the juvenile court pursuant to section 39E of chapter 119.
Services offered through the network shall include, but not be limited to, treatment for or assistance with: eligibility determinations, assistance with applying for state services including MassHealth, financial assistance programs, and services provided or funded by executive branch agencies, behavioral, medical and mental health needs, special education evaluation, remedial education services, assistance with insurance issues, mentoring, family and parent support, civic engagement and community service, after school and out-of-school opportunities, residential programs, crisis management and case management.
Subject to appropriation, each FRC shall assign a child and family a case manager who shall convene a multidisciplinary team as needed to fulfil the functions listed in this subsection. Multidisciplinary teams shall consist of but not be limited to the child, the child’s parents/caregivers, and family resource center staff, and when appropriate may include family partners, advocates, community-based service providers, educational advocates, representatives from state agencies, or school district representatives. The teams shall work to identify any needs of the child or family with the goal of providing supports to the child and their family outside of the juvenile court process to the extent possible.
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An Act relative to caregiver authorization affidavits
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S1010
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SD1210
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T11:42:39.747'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T11:42:39.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1010/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1010) of Patricia D. Jehlen for legislation relative to caregiver authorization affidavits. The Judiciary.
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SECTION 1. Section 1 of Chapter 201F, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 7, the words “with whom a minor resides.” and inserting in place thereof:-
who has been so designated by an authorizing party in an affidavit pursuant to this chapter.
SECTION 2. Section 2 of Chapter 201F, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in the place thereof the following paragraph:-
A parent, legal guardian or legal custodian of one of more minor children, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to any designated minor child's education, health care, recreational and enrichment activities as described in section 3(b). If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party shall supersede the decision of the caregiver.
SECTION 3. Said chapter 201F is hereby further amended by striking out section 3, as appearing in the 2016 Official Edition, and inserting in the place thereof the following section:-
Section 3.
(a) A caregiver shall reside with the minor child or children during the time the caregiver is authorized to act relative to said child or children.
(b) Under a caregiver authorization affidavit, a caregiver may:
(1) give consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision of or upon the advice of a health care professional licensed to practice in the commonwealth;
(2) exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor;
(3) make educational decisions (including daycare) on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state and district educational policy, including, but not limited to, accessing the minor's educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities and any other decision that facilitates the minor's educational experience;
(4) make decisions on behalf of the minor regarding recreational and enrichment activities including, but not limited to, enrollment, signing permission slips for sports, clubs, lessons, camps, and activities and any other recreational and enrichment activities.
(5) apply for health insurance and dental insurance coverage for the minor; services and support for disabilities; and any other public or private services to address the education or health needs of the minor.
SECTION 4. Section 4 of Chapter 201F, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 1, after the words “relies on a caregiver” the following words:- or alternate caregiver
SECTION 5. Said chapter 201F is hereby further amended by striking out section 5, as appearing in the 2016 Official Edition, and inserting in the place thereof the following section:-
Section 5. The caregiver (and alternate caregiver, if any) authorization affidavit shall include the following information:—
(1) the name, address and telephone number of the parent, legal guardian or legal custodian;
(2) the name, address and telephone number of the caregiver;
(3) the name, address and telephone number of the alternate caregiver, if any;
(4) the name and date of birth of the minor;
(5) the relationship of the caregiver(s) to the minor;
(6) a statement by the authorizing party that there are no court orders in effect which would prohibit the authorizing party from exercising or conferring the rights and responsibilities sought to be conferred upon the caregiver or alternate;
(7) a statement of the authority being conferred and of any prohibitions;
(8) a statement that the affidavit is not for the purposes of circumventing any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law; and
(9) a statement by the authorizing party of when the authority of the appointed caregiver commences and when it ends (if specified).
The affidavit shall be signed under the pains and penalties of perjury by the authorizing party in the presence of 2 adult witnesses, neither of whom may be the caregiver nor alternate caregiver, and the affidavit shall be notarized. The affidavit also shall be signed by the caregiver, and by the alternate caregiver, if any, who shall attest to being an adult with whom the minor resides or will reside.
The caregiver authorization affidavit shall be valid for up to 2 years from the date that it comes into effect unless a shorter time is specified, and may be reauthorized. The authorizing party may reauthorize, amend or revoke the caregiver authorization affidavit by notifying the caregiver in writing. The authorizing party shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit. The caregiver shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit prior to further exercising any rights or responsibilities under the affidavit.
SECTION 6: Said chapter 201F is hereby further amended by striking out section 6, as appearing in the 2016 Official Edition, and inserting in the place thereof the following section:-
Section 6. The caregiver authorization affidavit shall be substantially in the following form, except that the use of alternative language consistent with the statute shall not be precluded:
Caregiver Authorization Affidavit
I. What this form enables: A parent, legal guardian or legal custodian of a minor, by this affidavit, may authorize a designated caregiver, who is an adult with whom the minor child resides or will reside, to exercise certain concurrent parental rights and responsibilities relative to a designated minor's education, health care, and recreational and enrichment activities. If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party or a legal guardian or legal custodian appointed subsequent to the execution of the affidavit shall supersede the decision of the caregiver.
The caregiver authorization affidavit shall only authorize those rights and responsibilities that the authorizing party possesses and shall not divest the authorizing party of his rights or responsibilities.
Under a caregiver authorization affidavit, a caregiver may:
(1) consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision or upon the advice of a health care professional licensed to practice in the commonwealth;
(2) exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor; and
(3) make educational decisions (including daycare) on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state and district educational policy, including, but not limited to, accessing the minor's educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities and any other decision that facilitates the minor's educational experience; and
(4) make decisions on behalf of the minor regarding recreational and enrichment activities including, but not limited to, enrollment, signing permission slips for sports, clubs, lessons, camps and activities, and any other recreational and enrichment activities; and
(5) apply for health insurance and dental insurance coverage for the minor; for services and support for disabilities; and for any other public or private services to address the education or health needs of the minor.
II. Steps to authorize caregiver rights and responsibilities:
1. AUTHORIZING PARTY
I, [name of authorizing party], residing at [address of authorizing party] am the parent/legal guardian/legal custodian of the minor child(ren) listed below.
I, [name of parent or legal guardian or legal custodian], do hereby authorize [name of caregiver], residing at [address of caregiver], to exercise concurrently the rights and responsibilities, except those prohibited below, that I possess relative to the education, health care, recreational and enrichment activities of the minor child(ren) listed:
Minor Child's/Children Name(s) Date(s) of Birth
___ ___
___ ___
___ ___
The caregiver may NOT:
(Please list specifically any education, health care, recreational, or enrichment rights and responsibilities that you do NOT wish to confer upon the caregiver.)
In the event the above-named caregiver is unavailable or unwilling to serve as caregiver, I do hereby authorize [name of alternate caregiver] residing at [address of alternate caregiver], to exercise the rights referenced above. (This section is optional)
There are no court orders in effect that would prohibit me from exercising or conferring the rights and responsibilities that I wish to confer upon the caregiver. (If you are the legal guardian or custodian, attach the court order.)
I am not using this affidavit to circumvent any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law.
I confer these rights and responsibilities freely and knowingly in order to provide for the child(ren) named herein, and not as a result of pressure, threats or payments by any person or agency.
I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit.
The authority of the caregiver shall commence upon (choose one):
a date certain __________; or
the date of the incapacity of the authorizing party to make or carry out day-to-day decisions concerning the minor, as established by written certification of a licensed physician, or the date of the unavailability of the authorizing party to make or carry out day-to-day decisions concerning the minor due to circumstances such as, but not limited to, incarceration, voluntary or involuntary commitment to a treatment program, detention, deportation, or active military duty, as established by attestation of the named caregiver.
This document shall remain in effect until (choose one):
a date certain (up to two years hence) ________; or
two years from the date of the incapacity of the authorizing party to make or carry out day-to-day decisions concerning the minor, as established by written certification of a licensed physician, or the date of the unavailability of the authorizing party to make or carry out day-to-day decisions concerning the minor due to circumstances such as, but not limited to, incarceration, voluntary or involuntary commitment to a treatment program, detention, deportation, or active military duty, as established by attestation of the named caregiver.
unless or until I, as authorizing party, notify the caregiver (and alternate caregiver, if any), in writing that I have amended or revoked it, or until such time as the minor child(ren) reach the age of majority.
I hereby affirm that the above statements are true, under pains and penalties of perjury.
Signature:
Printed name:
Telephone number:
2. WITNESSES TO AUTHORIZING PARTY SIGNATURE
(To be signed by persons over the age of 18 who are not the designated caregiver or alternate caregiver.)
Witness No. 1 signature:
Witness No. 1 printed name and address:
Witness No. 2 signature:
Witness No. 2 printed name and address:
3. NOTARIZATION OF AUTHORIZING PARTY SIGNATURE
On this [date] before me, the undersigned notary public, personally appeared [name of authorizing party, and alternate caregiver, if any], proved to me through satisfactory evidence of identification, which was [driver's license, etc.], to be the person(s) signing the preceding document, and swore under the pains and penalties of perjury that the foregoing statements are true.
Signature and seal of notary:
Printed name of notary:
My commission expires:
4. CAREGIVER ACKNOWLEDGEMENT
I, [name of caregiver], am at least 18 years of age and the named minor child(ren) currently reside or will reside with me at [address of caregiver]. I am [relationship to the minors].
I understand that I may, without obtaining further consent from a parent, legal custodian or legal guardian of the minor child(ren), exercise concurrent rights and responsibilities relative to the education and health care of the minor child(ren), except those rights and responsibilities prohibited above.
I understand that I may not knowingly make a decision which conflicts with the decision of the child(ren)'s parent, legal guardian or legal custodian.
I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit prior to further exercising any rights or responsibilities under the affidavit.
I understand that, if I become unable to carry out the responsibilities conferred by this affidavit, I will do so by immediately notifying the authorizing party and the alternate caregiver in writing.
I hereby affirm that the above statements are true, under pains and penalties of perjury.
Signature of caregiver:
Printed name:
Telephone Number:
5. ALTERNATE CAREGIVER ACKNOWLEDGEMENT (This section is optional)
I, [name of alternate caregiver], am at least 18 years of age and the child(ren) currently reside or will reside with me at [address of caregiver]. I am [relationship to the minor].
I understand that I may, in the case of inability or incapacity of the first designated caregiver to carry out the responsibilities conferred herein, and without obtaining further consent from a parent, legal custodian or legal guardian of the child(ren), exercise concurrent rights and responsibilities relative to the education and health care of the child(ren), except those rights and responsibilities prohibited above.
I understand that I may not knowingly make a decision that conflicts with the decision of the child(ren)'s parent, legal guardian or legal custodian.
I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit prior to further exercising any rights or responsibilities under the affidavit.
I hereby affirm that the above statements are true, under pains and penalties of perjury.
Signature of caregiver:
Printed name:
Telephone Number:
6. ATTESTATION OF CAREGIVER AS TO AUTHORIZING PARTY’S UNAVAILABILITY<\/ul> (This section is optional)
I, [name of caregiver], attest that the authorizing party is unavailable due to ___________________ _______________________________________________________________________________.
I hereby affirm that the above statements are true, under pains and penalties of perjury.
Signature of caregiver:
Printed name:
Telephone Number:
7. ATTESTATION OF ALTERNATE CAREGIVER AS TO DESIGNATED CAREGIVER’S UNAVAILABILITY (This section is optional)
I, [name of alternate caregiver], attest that the designated caregiver is unavailable due to ____________________________________________________________________________________.
I hereby affirm that the above statements are true, under pains and penalties of perjury.
Signature of alternate caregiver:
Printed name:
Telephone Number:
III. Explanations: This caregiver authorization affidavit is pursuant to chapter 201F of the General Laws. A dispute arising hereunder shall be the exclusive jurisdiction of the probate courts pursuant to section 3 of chapter 215 of the General Laws.
A person who relies on a caregiver authorization affidavit that is consistent with the requirements of said chapter 201F has no obligation to make any further inquiry or investigation and shall not incur any criminal or civil liability or be subject to professional discipline for doing so, unless he knows facts contrary to the affidavit or knows that an authorizing party has made a decision to supersede the caregiver's decision. The reliance on the affidavit shall not relieve a person from liability arising from other provisions of the law.
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An Act relative to compensation for victims of wrongful conviction
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S1011
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SD1463
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:20:37.523'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:20:37.5233333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T16:36:40.44'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:21:44.0366667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-03T12:23:17.3033333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T10:44:22.25'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T16:18:25.6566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T16:07:09.1366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-23T16:50:13.76'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T16:50:13.76'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-03T11:22:06.4866667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T08:49:48.2966667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-04-27T10:22:28.61'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-05-18T14:28:29.0766667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-18T14:28:29.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1011/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1011) of Patricia D. Jehlen, Liz Miranda, Rebecca L. Rausch, Ruth B. Balser and other members of the General Court for legislation relative to compensation for victims of wrongful conviction. The Judiciary.
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SECTION 1. Section 9 of Chapter 211D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (e) and inserting in place thereof the following words:
(e) a method for the provision of social services including, but not limited to, referrals for transitional services relating to the physical, social, and emotional needs of persons after release from incarceration.
SECTION 2. Chapter 211D of the General Laws, is hereby amended by inserting after section 16 the following section:
Section 17. The Committee shall establish, supervise and maintain a system for the assignment of social service advocates to assist indigents who are eligible for transitional assistance under Chapter 258D of the General Laws section 10(B).
SECTION 3. Section 1 of Chapter 258D of the General Laws, as so appearing, is hereby amended by striking subsection (B)(ii) and inserting in place thereof the following words:-
(ii) those who have been granted judicial relief by a state court of competent jurisdiction, on grounds consistent with the innocence of the individual as set forth in clause (vi) of subsection (C), provided however that if the state court granting judicial relief does not address all grounds for relief, as asserted in an appeal or a motion for post-conviction relief, and if at least one of such grounds is consistent with innocence, the grounds asserted in such motion may be relied upon by the claimant to satisfy the requirement that there are grounds which are consistent with innocence, and if (a) the judicial relief vacates or reverses the judgment of a felony conviction, and the felony indictment or complaint used to charge the individual with such felony has been dismissed, or if a new trial was ordered, the individual was not retried and the felony indictment or complaint was dismissed or a nolle prosequi was entered, or if a new trial was ordered and the individual was found not guilty at the new trial; and (b) at the time of the filing of an action under this chapter no criminal proceeding is pending or can be brought against the individual by a district attorney or the attorney general for any act associated with such felony conviction.
SECTION 4. Section 1(C) of Chapter 258D of the General Laws, is hereby amended by striking the words “clear and convincing” and inserting in place thereof the following words:- “a preponderance of the”.
SECTION 5. Section 1 of Chapter 258D of the General Laws, is hereby amended by striking subsection (G) and inserting in place thereof the following:-
(G) A claimant shall be entitled to preliminary relief under subsection (E) of section 5 upon filing a complaint pursuant to this chapter that avers that the claimant meets the eligibility requirements as stated in subsection (B) above.
SECTION 6. Section 3 of Chapter 258D of the General Laws, is hereby amended by adding at the end the following words:- In any event a case filed pursuant to this chapter shall be placed on a fast track.
SECTION 7. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following subsection:-
(A) Upon a finding or verdict that the claimant has met the requirements of section 1 by the requisite standard of proof and is not barred from compensation by section 2, the court or the jury shall determine the damages that shall be payable to the claimant. In making such determination, the court or jury shall consider, but not be limited to, the consideration of: the income the claimant would have earned, but for his conviction, incarceration, parole or other supervised release, or collateral consequences of his conviction or sentence; the particular circumstances of the claimant's trial and other proceedings; the length and conditions under which the claimant was incarcerated or on parole or other supervised release and; any other factors deemed appropriate under the circumstances in order to fairly and reasonably compensate the claimant. The court, in its discretion, may admit expert testimony on these or any factors. The court may include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services to address the individual’s physical, social, and emotional needs, including financial literacy training, and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses. Once the damages have been determined, the court shall enter a judgment against the commonwealth for the claimant in an amount certain. A judgment against the commonwealth may not include punitive or exemplary damages. The damages award shall not be reduced by any transitional assistance grant or award of services, tuition or fees under Sections 5(A) or (E) or Section 10 or any award of reasonable attorney fees and costs of litigation as provided in section 6 below. Notwithstanding any general or special law to the contrary, the clerk of court shall not add to the judgment and the commonwealth shall not be liable for paying, any prejudgment or post judgment interest on damages. Subject to section 4, relative to award or settlements, the rights and remedies afforded to certain individuals by this chapter are not intended to limit in any way any rights or remedies that such individuals or other individuals may be entitled to exercise and pursue under common law or under any other state or federal statute including without limitation chapter 258 and 42 U.S.C. Sec. 1983.
SECTION 8. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (E) and inserting in place thereof the following subsection:-
(E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection (G) of section 1, the court shall enter an order requiring the commonwealth to provide the claimant with a transitional assistance grant of $15,000 and services to address the claimant's physical, social, and emotional needs and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses.
SECTION 9. Section 6 of Chapter 258D of the General Laws, is hereby amended by inserting after the word “chapter,” the following words:- “, or who enters into a settlement agreement with the commonwealth in connection with a claim asserted under this chapter”.
SECTION 10. Section 7 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following words:-
(A) Upon the entry of a judgment in favor of a claimant under this chapter or upon settlement of a claim brought pursuant to this chapter and following a separate hearing on the matter, on motion of the claimant the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the department of criminal justice information services, the probation department, and the sex offender registry that directly pertain to the claimant's erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant. The commonwealth, as well as any other law enforcement agency that may be directly affected by such expungement or sealing of such records including, but not limited to, the district attorney that prosecuted the felony case against the claimant, shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be so expunged or sealed. In making its determination as to whether such records, documents and materials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claimant's erroneous felony conviction as well as the probable effect of such expungement or sealing on relevant law enforcement entities and their ability to appropriately investigate and prosecute other persons for the felony which forms the basis of the claim or other crimes that may relate to the information contained in such records, documents and materials. In addition to an order directing expungement or sealing of the record, a claimant who prevails in a claim brought under this chapter by way of judgment or settlement, shall be entitled to an order and judgment, signed by a Judge of the Superior Court, which shall attest that the claimant has been exonerated of the subject crime or crimes.
SECTION 11. Section 7 (B) of Chapter 258D of the General Laws, is hereby amended by inserting after the words “conducted by the court,” the following words:-
“on motion of the claimant”
SECTION 12. Chapter 258D of the General Laws, is hereby amended by inserting after section 9 the following:-
Section 10. Transitional Assistance for Persons Released from Incarceration for Erroneous Felony Convictions
(A) Upon a person's release from incarceration for an erroneous felony conviction as defined in Section 1(B), the trial court in which the conviction originated shall order payment of transitional financial assistance in the amount of $5000 to the formerly incarcerated person.
(B) Upon the release from incarceration of an indigent person whose felony conviction is vacated, reversed, or pardoned, the trial court in which the conviction originated shall, upon motion demonstrating indigency, authorize funds for a social service advocate from the Committee for Public Counsel Services’ approved vendor list to assist the formerly incarcerated person in obtaining transitional services including, but not limited to, referrals for their physical, social and emotional needs.
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An Act relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images
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S1012
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SD724
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T16:45:50.267'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T16:45:50.2666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T20:31:01.8433333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:33:07.9566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:17:49.3233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T15:09:44.0566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T17:03:41.2766667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-17T08:33:31.9133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:39:57.4333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-23T07:57:30.7033333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-03T11:48:21.3766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T10:37:27.92'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T18:47:09.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1012/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1012) of John F. Keenan, James K. Hawkins, Walter F. Timilty, Kay Khan and other members of the General Court for legislation relative to transmit indecent visual depictions by teens and the unlawful distribution of explicit images. The Judiciary.
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SECTION 1. Chapter 18C of the General Laws is hereby amended by adding the following section:-
Section 15. The office of the child advocate, in consultation with the department of elementary and secondary education, the department of youth services and the attorney general, shall develop and implement a comprehensive educational diversion program. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and the penalties for transmitting visual material in violation of section 43A of chapter 265 or section 29D of chapter 272, also known as “sexting”, or posting such visual material online, including an explanation of other applicable federal and state law; (ii) the non-legal consequences of sexting or posting such visual material online, including, but not limited to, the effect on relationships, loss of educational and employment opportunities and being barred or removed from school programs and extracurricular activities; (iii) how the unique characteristics of the internet can produce long-term and unforeseen consequences for sexting and posting such visual material online, including the impact on healthy relationships and the risk of trafficking; and (iv) the connection between bullying and cyber-bulling, sexual assault and dating violence and juveniles sexting or posting such visual material online. The child advocate shall consult the best available research on effective educational diversion programs, including programs on sexting, in designing the curriculum and shall regularly review the program design and make updates to improve efficacy. The child advocate shall solicit public comment prior to the development of the curriculum or the implementation of any significant changes to the curriculum or program. The child advocate may establish the program, or any aspect of the program, in partnership with a state institution, state agency or a public or private institution of higher education. The educational diversion program shall be used as part of any diversion program required pursuant to section 39N of chapter 119 and shall be made available to school districts for use in educational programs on the topic. Law enforcement, clerk magistrates and district attorneys may refer youth alleged to be a juvenile delinquent by reason of violating section 29B, 29C or 29D of chapter 272 to the educational diversion program.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 99. The department shall encourage school districts to: (i) implement instruction in media literacy skills at all grade levels, including life skills programming, and in any of the core subjects under section 1D of chapter 69 or other subjects, to equip students with the knowledge and skills for accessing, analyzing, evaluating and creating all types of media; and (ii) use the content of the educational diversion program established pursuant to section 15 of chapter 18C for educational programs on the topic of transmitting visual material in violation of section 43A of chapter 265 or section 29D of chapter 272 or posting such visual material online.
SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after section 39M the following section:-
Section 39N. (a) If a child is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C or 29D of chapter 272, the court shall divert the child from further court processing prior to arraignment unless the court finds that failure to proceed with the arraignment would result in the substantial likelihood of serious harm to a member of the community. If arraignment has already occurred, the court may, if the child consents, stay the proceedings and divert the child in the same manner as a child diverted prior to arraignment under this section. The court shall direct a child diverted under this section to enter and complete the educational diversion program established pursuant to section 15 of chapter 18C.
(b) A child who is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C or 29D of chapter 272 may, upon the request of the child, undergo an assessment prior to arraignment to enable the judge to consider the suitability of the child for diversion to the educational diversion program established pursuant to section 15 of chapter 18C. If a child chooses to request a continuance for the purpose of such an assessment, the child shall notify the judge prior to arraignment. Upon receipt of such notification, the judge may grant a 14–day continuance. The department of probation may conduct such assessment prior to arraignment to assist the judge in making that decision. If the judge determines it is appropriate, a determination of eligibility by the personnel of the educational diversion program may substitute for an assessment. If a case is continued pursuant to this subsection, the child shall not be arraigned, and an entry shall not be made into the criminal offender record information system, until a judge issues an order to resume the ordinary processing of a delinquency proceeding. A judge may order diversion without first ordering an assessment in any case in which the court finds that sufficient information is available without an assessment; provided, however, that the judge shall provide an opportunity for both the commonwealth and counsel for the child to be heard regarding diversion of the child.
(c)(1) After the completion of the assessment, the probation officer or the director of the educational diversion program established pursuant to section 15 of chapter 18C shall submit to the court and to counsel for the child a recommendation as to whether the child would benefit from diversion. Upon receipt of the recommendation, the judge shall provide an opportunity for both the commonwealth and counsel for the child to be heard regarding diversion of the child. The judge shall then make a final determination as to the eligibility of the child for diversion. The proceedings of a child who is found eligible for diversion shall be stayed for 90 days unless the judge determines that the interest of justice would best be served by a lesser period of time or unless extended under subsection (f).
(2) A stay of proceedings shall not be granted under this section unless the child consents in writing to the terms and conditions of the stay of proceedings and, after consultation with legal counsel, knowingly executes a waiver of the child's right to a speedy trial on a form approved by the chief justice of the juvenile court department of the trial court of the commonwealth. Consent shall be given only upon the advice of counsel.
(3) The following shall not be admissible against the child in any proceedings: (i) a request for assessment; (ii) a decision by the child not to enter the educational diversion program; (iii) a determination by the department of probation or by the educational diversion program that the child would not benefit from diversion; (iv) any statement made by the child or the child's family during the course of assessment; and (v) circumstances regarding the child’s failure to complete the educational diversion program. Any consent by a child to a stay of proceedings or any act done or statement made in fulfillment of the terms and conditions of a stay of proceedings shall not be admissible as an admission, implied or otherwise, against the child if the stay of proceedings was terminated and proceedings were resumed on the original complaint. A statement or other disclosure or a record thereof made by a child during the course of an assessment or during the stay of proceedings shall not be disclosed at any time to a commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the child or a codefendant.
(4) If a child is found eligible for diversion pursuant to this section, the child shall not be arraigned and an entry shall not be made into the criminal offender record information system unless a judge issues an order to resume the ordinary processing of a delinquency proceeding. If a child is found eligible pursuant to this section, the eligibility shall not be considered an issuance of a criminal complaint for the purposes of section 37H1/2 of chapter 71.
(d) A district attorney may divert any child for whom there is probable cause to issue a complaint, either before or after the assessment procedure set forth in subsection (b), with or without the permission of the court. A district attorney who diverts a case pursuant to this subsection may request a report from the educational diversion program established pursuant to section 15 of chapter 18C regarding the child's status in and completion of the program.
(e) If during the stay of proceedings a child is charged with a subsequent offense under sections 29B, 29C or 29D of chapter 272, a judge in the court that entered the stay of proceedings may issue such process as is necessary to bring the child before the court. When the child is brought before the court, the judge shall afford the child an opportunity to be heard. If the judge finds probable cause to believe that the child has committed such a subsequent offense, the judge may order that the stay of proceedings be terminated and that the commonwealth be permitted to proceed on the original complaint as provided by law.
(f)(1) Upon the expiration of the initial 90–day stay of proceedings, the probation officer or the director of the educational diversion program, established pursuant to section 15 of chapter 18C, shall submit to the court a report indicating the successful completion of diversion by the child or recommending an extension of the stay of proceedings for not more than an additional 90 days so that the child may complete the diversion program successfully.
(2) If the probation officer or the director of the educational diversion program, established pursuant to section 15 of chapter 18C, indicates the successful completion of diversion by a child, the judge shall dismiss the original complaint pending against the child. If the report recommends an extension of the stay of proceedings, the judge may, on the basis of the report and any other relevant evidence, take such action as the judge deems appropriate, including the dismissal of the complaint, the granting of an extension of the stay of proceedings or the resumption of proceedings.
(3) If the conditions of diversion have not been met, the child's attorney shall be notified prior to the termination of the child from diversion and the judge may grant an extension to the stay of proceedings if the child provides good cause for failing to comply with the conditions of diversion.
(4) If the judge dismisses a complaint under this subsection, the court shall, unless the child objects, enter an order directing expungement of any records of the complaint and related proceedings maintained by the clerk, the court, the department of criminal justice information services and the court activity record index.
SECTION 4. Section 43A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- $5,000.
SECTION 5. Said section 43A of said chapter 265, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b)(1) As used in this subsection the following words shall have the following meanings unless the context clearly requires otherwise:
“Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast or engage in any other form of transmission, electronic or otherwise.
“Identifiable”, identifiable from the visual material itself or information offered in connection with the visual material.
“Partially nude”, the exposure of fully uncovered buttocks or all or part of the human genitals or the female nipple-areolar complex.
“Publish”, (i) disseminate with the intent that an image be made available by any means to any person or other legal entity; (ii) disseminate with the intent that an image be sold by another person or legal entity; (iii) post, present, display, exhibit, circulate, advertise or allow access by any means, so as to make an image available to the public; or (iii) disseminate with the intent that an image be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make the image available to the public.
“Visual material”, any photograph, film, video or digital image or recording, whether produced by electronic, mechanical or other means or any part, representation or reproduction thereof.
(2) Whoever knowingly distributes visual material depicting another person, either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual conduct, when the distribution causes physical or economic injury to the person depicted in the visual material or causes the person depicted in the visual material to suffer substantial emotional distress, and does so with the intent to harm, harass, intimidate, threaten, coerce or cause substantial emotional distress and with reckless disregard for the depicted person’s lack of consent to the distribution of the visual material and reasonable expectation that the visual material would remain private, imprisonment in a house of correction for not more than 2½ years, by a fine of not more than $10,000 or by both such fine and imprisonment.
(3) For the purposes of this subsection, a person’s consent to the creation of visual material shall not constitute consent to the distribution of the visual material.
(4) This subsection shall not preclude other remedies available at law or in equity, including, but not limited to, the issuance by a court with proper jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection.
(5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court or required by law, shall only be made available for inspection by court personnel to a prosecuting attorney, a defendant’s attorney or the attorney’s agent, a defendant or a victim connected to such prosecution; provided, however, that this paragraph shall not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or court orders.
(6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is voluntary or consensual and occurring (A) in a commercial setting or for commercial gain; or (B) in a place where a person does not have a reasonable expectation of privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) interactive computer services, as defined in 47 U.S.C. 230(f)(2), for content solely provided by another person; or (v) information services or telecommunications services, as defined in 47 U.S.C. 153, for content solely provided by another person.
(c) Whoever, after having been convicted of an offense under this section, commits a second or subsequent offense under this section, or whoever, after having been convicted of a violation of section 43, commits an offense under this section shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.
SECTION 6. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:-
Section 29D. (a) Whoever, while under the age of criminal majority, possesses or disseminates to another person any visual material in violation of section 29B or section 29C or uploads such visual material of another person to an internet website may be punished in accordance with section 58 of chapter 119.
(b) Knowingly disseminating visual material by reporting the matter to a law enforcement agency, parent, foster parent, guardian or teacher, principal or other relevant school personnel, or by affording a law enforcement agency, parent, foster parent, guardian or teacher, principal or other relevant school personnel access to the visual material for purposes within the agency’s or person’s professional capacity shall not constitute dissemination for the purposes of this section.
(c) A person who has been adjudicated under this section shall not be required to register with the sex offender registry board and no data relating to such adjudication shall be transmitted to the board pursuant to section 178E of chapter 6; provided further, that said adjudication shall be eligible for expungement and shall not be considered ineligible under section 100J of chapter 276.
(d) The juvenile court department of the trial court of the commonwealth shall have exclusive jurisdiction of proceedings under this section.
(e) It shall be an affirmative defense for any crime alleged under section 29A, section 29B, section 29C or this section that: (i) the visual material portrays no person other than the defendant; or (ii) the defendant was under the age of criminal majority, the visual material portrays only an individual age 16 or older and was knowingly and voluntarily created and provided to the defendant by the individual in the image and the defendant has not provided or made available the material to another person except the individual depicted who originally sent the material to the defendant.
SECTION 7. This act shall take effect six months after enactment.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act to protect election workers
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S1013
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SD739
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T15:17:54.817'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T15:17:54.8166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1013/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1013) of John F. Keenan for legislation to protect election workers. The Judiciary.
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SECTION 1. Chapter 56 of the General Laws is hereby amended by inserting, after section 48, the following section:-
Section 48A. Protecting Poll Workers
(a) Terms used in this section shall be construed as follows, unless a contrary intention clearly applies:-
“Election worker” shall apply to any person working full time, part time or under contract, whether paid or unpaid, for the commonwealth of Massachusetts or any municipality and who is performing duties and activities in connection with, and in the furtherance of, the administration of elections as contained in chapters 50 to 56 inclusive.
“Election duties” shall apply to duties and responsibilities required or authorized by law to administer and conduct elections as provided in chapters 50 through 56 inclusive.
“Family members” shall apply to an election worker’s spouse, child, parent, or any person residing in their same household.
“Personal information” shall apply to an election worker’s home address, personal phone number(s), personal email address, personal motor vehicle, motor vehicle number plate, photograph and image of the election worker, their home and motor vehicle.
(b) It shall be unlawful for a person to knowingly harass, threaten, coerce or intimidate or attempt to harass, threaten, coerce or intimidate an election worker with the intent to impede or interfere with them while they are engaged in the performance of their duties or with the intent to retaliate against the election worker on account of the election worker’s performance of their official duties.
The conduct or acts described in this section shall include, but not be limited to, conduct or acts conducted in person, by gesture, verbally, by mail and by use of a telephonic and telecommunication device and electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data and intelligence of any nature transmitted in whole and in part by a wire, radio, electromagnetic, photo electronic and photo optical system, including, but not limited to, electronic mail, internet communications, cell phone communications, instant messages and facsimile communications.
(c) It shall be unlawful for a person to knowingly make available on the internet personal information about an election worker or family members of an election worker if the dissemination of personal information promotes harassment, threats, coercion and intimidation or poses an imminent and serious threat to the safety of the election worker or their family member.
(d) Whoever shall be guilty of the crime under this section shall be punished by imprisonment for not more than four years or by a fine of not more than $10,000 or both.
(e) Whoever, after having been convicted of the crime under this section, commits a second or subsequent such crime under this section, shall be punished by imprisonment for not more than ten years or by a fine of not more than $25,000 or both.
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An Act relative to the head injury treatment services trust fund
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S1014
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SD2403
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T19:23:34.127'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T19:23:34.1266667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T09:22:09.5233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T14:33:37.3866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T09:00:54.1633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:36:19.09'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T15:09:28.4766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T14:45:53.9433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-12T09:30:54.3366667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T17:11:18.9566667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T18:47:35.0733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1014/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1014) of John F. Keenan, Hannah Kane, Susannah M. Whipps, Thomas M. Stanley and other members of the General Court for legislation relative to the head injury treatment services trust fund. The Judiciary.
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SECTION 1. Section 59 of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
Said trust fund shall consist of monies paid to the commonwealth pursuant to sections 13B, 20 and 24.
SECTION 2. Subsection 13B(d) of chapter 90 is hereby amended by adding, after the third time the word “offense” appears, the following words:-
; provided, that $50 of the fine for the first offense under this subsection shall be deposited into the head injury treatment services trust fund
SECTION 3. Section 20 of chapter 90 is hereby amended in the first sentence of the fourth paragraph by striking out the figure “$50” and inserting in place thereof the following figure:-
$100
SECTION 4. Section 20 of said chapter 90 is hereby further amended in the second sentence of the fourth paragraph by striking out the figure “$50” and inserting thereof the following figure:-
$100
SECTION 5. Subsection 24 (1)(a)(1) of chapter 90 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be an assessment of $250 against a person who is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that 100 per cent of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the head injury treatment services trust fund.
SECTION 6. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the fourth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 7. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the fifth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 8. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the sixth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 9. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the seventh paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 10. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the eighth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 11. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the ninth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 12 Subsection 24 (1)(a)(1) of Chapter 90 is further amended in the tenth paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this subsection shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
SECTION 13. Subsection 24 (1)(a)(1) of Chapter 90 is hereby further amended in the eleventh paragraph by inserting at the end thereof the following:-
75 percent of the fines collected in this section shall be deposited monthly by the court with the state treasurer who shall deposit these funds into the head injury treatment services trust fund.
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An Act prohibiting gunfire directed at dwelling houses
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S1015
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SD1257
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:13:10.983'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:13:10.9833333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-29T10:01:21.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1015/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1015) of Edward J. Kennedy for legislation to prohibit gunfire directed at dwelling houses. The Judiciary.
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Chapter 269 of the General Laws, as so appearing, is hereby amended by inserting after section 12F the following section:-
Section 12G. Whoever discharges an assault weapon, firearm, large capacity weapon, machine gun, rifle, sawed-off shotgun, or shotgun, as defined in section one hundred twenty-one of chapter one hundred forty, with the intent to strike a dwelling, and as a result does strike a dwelling, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, or in state prison for not more than 5 years, or by a fine of not more than $10,000, or both such imprisonment and fine.
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An Act encouraging the donation of food to persons in need
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S1016
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SD1258
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-11T15:53:01.373'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-11T15:53:01.3733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-14T16:16:11.2166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-06-29T10:01:26.8933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-07-10T12:59:10.7033333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-26T10:16:16.2166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-26T10:16:16.2166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1016/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1016) of Edward J. Kennedy for legislation to encourage the donation of food to persons in need. The Judiciary.
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SECTION 1. Section 328 of Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
“No person who donates food, including open-dated food whose date has passed, to a nonprofit corporation for distribution or serving by such nonprofit corporation without charge or at a charge sufficient only to cover the cost of handling such food, or to any other person, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the Department of Public Health; and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor.”
SECTION 2. Section 328 of Chapter 94 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:-
“No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, including open-dated food whose date has passed, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of distribution or serving such food is not misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health, and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the nonprofit corporation or any person employed by or under the control of the nonprofit corporation.”
SECTION 3. Chapter 63 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 38FF the following section:-
Section 38GG. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Food crops”, grains, fruits, nuts, or vegetables.
“Nonprofit food distribution organization”, means an entity located in the commonwealth that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy or selling food at a charge sufficient only to cover the cost of handling such food.
(2) For taxable years beginning on or after January 1, 2024, but before January 1, 2030, any business corporation engaged in the business of farming as defined under 26 C.F.R 1.175-3 that donates food crops grown by the business corporation in the commonwealth to a nonprofit food distribution organization shall be allowed a deduction from its net taxable income for the taxable year of the donation. The business corporation shall be allowed a deduction in an amount equal to the fair market value of such food crops donated by the business corporation to a nonprofit food distribution organization during the taxable year but not to exceed an aggregate deduction of $2,000 for all such donations made by the business corporation during such year.
(3) A deduction shall be allowed under this section only if (i) the use of the donated food crops by the donee nonprofit food distribution organization is related to providing food to the needy, (ii) the donated food crops are not transferred for use outside the commonwealth or used by the donee nonprofit food distribution organization as consideration for services performed or personal property purchased, and (iii) the donated food crops, if sold by the donee nonprofit food distribution organization, are sold at a charge sufficient only to cover the cost of handling such food.
(4) In order to claim any deduction under this section, the business corporation making the donation shall attach to the business’s income tax return a written certification prepared by the donee nonprofit food distribution organization. The written certification prepared by the donee nonprofit food distribution organization shall identify the donee nonprofit food distribution organization, the business corporation donating food crops to it, the date of the donation, the number of pounds of food crops donated, and the fair market value of the food crops donated. The certification shall also include a statement by the donee nonprofit food distribution organization that its use and disposition of the food crops complies with the requirements under paragraph 3.
(6) Deductions claimed by a partnership shall be allocated to the individual partners in proportion to their ownership or interest in such business entity.
(7) The commissioner shall develop guidelines implementing the provisions of this section.
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An Act establishing a foreclosure review division
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S1017
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SD1259
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:13:45.473'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:13:45.4733333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T11:35:11.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1017/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1017) of Edward J. Kennedy and Angelo J. Puppolo, Jr. for legislation to establish a foreclosure review division. The Judiciary.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 212 the following chapter:- CHAPTER 212A
FORECLOSURE REVIEW DIVISION
Section 1. There shall be a special division of the superior court department, known as the foreclosure review division.
Section 2. The foreclosure review division shall have a presiding justice and such other justices as the chief justice of the trial court, in consultation with the chief justice of the superior court department, shall assign from among those justices of the various departments of the trial court with an interest in relevant areas of law.
Section 3. The chief justice of the trial court shall designate one of the judges of the foreclosure review division as the presiding justice of that division.
Section 4. (a) The foreclosure review division shall be divided into not fewer than four and not more than six sessions statewide, as determined by the chief justice of the trial court in consultation with the chief justice of the superior court department and the presiding justice of the division, based on factors including projected caseloads and on the convenience of litigants.
(b) Each session may hold its sittings in more than one location, as appropriate.
(c) The foreclosure review division shall provide online and other materials to assist self-represented litigants and shall offer alternative dispute resolution services.
Section 5. There shall be selected, as determined by the chief justice of the trial court in consultation with the chief justice of the superior court department and the presiding justice of the foreclosure review division, a court administrator, deputy court administrators if appropriate, court clerks, clerks for the justices, facilitators for self-represented litigants, mediators, title examiners, information technology personnel and any other personnel essential to the expeditious establishment and efficient functioning of the foreclosure review division.
Section 6. (a) Notwithstanding any general or special law to the contrary, the foreclosure review division shall have jurisdiction, concurrently with the other divisions of the superior court department and with the land court department, the housing court department and the district court department, over all actions involving the foreclosure or purported foreclosure of mortgages on residential property whether by action, by sale, by entry or otherwise, including, but not limited to: actions that concern the validity of a foreclosure or purported foreclosure; post-foreclosure summary process actions to evict; actions to try title, to quiet title and to remove cloud on title; and actions that may otherwise involve questions concerning title to such property; petitions brought under Chapter 185 regarding registered title to such property; actions that concern notices regarding a right to cure a deficiency secured by a mortgage and notices regarding intent to foreclose or otherwise to exercise a power of sale; actions that concern modification of a loan secured by a mortgage, regardless of whether the issue is raised by way of the original complaint or by an amendment to the original complaint, by affirmative defense or by counterclaim; and criminal jurisdiction in matters arising out of or pertaining to foreclosure or attempted foreclosure, and larceny or attempted larceny of real property, and foreclosure-related issues including mortgage loan origination and the transfer of real property and interests in mortgage notes.
(b) The foreclosure review division shall promptly transmit for recordation or registration, to the registry of deeds of the county or district in which the land lies, a copy of any final determination affecting title to land. Fee for such recordation or registration shall be waived for the losing party to the extent allowable under the Court Indigency Laws.
(c) Any party to a civil action within the jurisdiction of the foreclosure review division that is pending in another court department or another division of the superior court department, or a judge of the court department or division in which the action is pending, acting sua sponte, may transfer that action to the foreclosure review division. No additional filing fee shall be charged to transfer such a case. An action transferred to the foreclosure review division shall thereafter proceed in that division as though originally entered there.
(d) In a civil action in which another court has dismissed a claim for lack of jurisdiction or denied a claim that is within the jurisdiction of the foreclosure review division, a party shall have thirty (30) days after the date of receipt of the notice of dismissal or, in the case of an appeal from the dismissal, thirty (30) days after the date of receipt of the notice of the decision, to file the case in the foreclosure review division, regardless of whether the time permitted under the applicable statute of limitations would have expired at any time from the original commencement of that action to the end of this thirty (30) day period.
(e) Any document informing a litigant or his or her attorney of such a dismissal or denial shall include complete information about the right to file the case in the foreclosure review division, together with instructions for doing so.
Section 7. The chief justice of the trial court, in consultation with the chief justice of the superior court department and the presiding justice of the foreclosure review division, may from time to time make alternative or supplemental rules, standing orders and forms of procedure to govern proceedings in that division.
Section 8. (a) There shall be an advisory board to assist the presiding justice and the justices of the foreclosure review division and the division’s court administrator.
(b) The advisory board shall consist of the Attorney General or a designee; the executive director of the Massachusetts office of victim assistance; and the following additional members appointed by the Chief Justice of the Supreme Judicial Court: one person who has significant experience in each of the following areas: court or business administration; information technology, in particular, in designing systems to assist members of the public to use information technology effectively; promoting judicial economy by assisting self represented litigants in presenting their cases effectively; mediation programs on complex topics, particularly those involving cases in which self represented and sophisticated parties have adverse interests; real estate title examination in the commonwealth; and at least four lawyers with significant experience in various relevant areas of law and litigation, including access to justice and banking, bankruptcy, civil rights, access to justice, the Americans with Disabilities Act, consumer rights, criminal law, landlord-tenant, real property, secured transactions and securities and securitized trust law. At least two of the four lawyers will have represented homeowners in preserving their homes from foreclosure or will have represented consumers.
(c) The advisory board shall choose its chair. The appointed members of that board shall each serve for a term of three years or for the remainder of the term of the foreclosure review division, whichever is less.
(d) The board shall advise the presiding justice and the justices of the foreclosure review division and the division’s court administrator on matters of judicial and administrative concern including, but not limited to, developments in relevant legal issues, real estate title examination, mediation, assisting self-represented litigants, access to justice and the allocation of resources based on the caseload of each of the division’s courts.
Section 9. This chapter shall be in force for a period of five years commencing immediately upon enactment and shall apply to all cases within the jurisdiction of the foreclosure review division, whether pending in one or more departments of the trial court as of the date of enactment or commenced after that date.
SECTION 2. Chapter 212A of the General Laws shall renew for an additional five year term on January 1st of the fifth year after the effective date of this Act and every five years thereafter unless the legislature repeals this law prior to its next renewal date.
SECTION 3. Any cases pending in the foreclosure review division at the conclusion of its final term shall be transferred to the appropriate court.
SECTION 4. Section 3 shall take effect upon January 1st of the year after the year in which the legislature votes not to renew the foreclosure court division as authorized by section 1 of chapter 212A of the General Laws.
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An Act incentivizing the use of public transportation by jurors
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S1018
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SD1260
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:14:13.893'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:14:13.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1018/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1018) of Edward J. Kennedy for legislation relative to the use of public transportation by jurors. The Judiciary.
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SECTION 1. Chapter 234A of the General Laws is hereby amended by inserting after section 55 the following section:-
SECTION 55A
PUBLIC TRANSPORTATION SERVICES
Section 1. For days in which a juror actually appeared as directed to perform juror service, a juror shall be entitled to the use of services provided by the Massachusetts Bay Transportation Authority or any regional transit authority, as established by Chapter 161B Section 3 of the General Laws, without suffering any monetary loss.
Section 2. The benefit established in this section shall not be issued by means of reimbursement issued by the courts of the Office of Jury Commissioner.
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An Act improving protections for sexual assault survivors
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S1019
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SD675
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-17T17:03:48.81'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-17T17:03:48.81'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T10:51:44.8066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T15:53:03.84'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T11:30:23.5233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T13:24:18.56'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-07T16:39:36.6933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T16:39:46.46'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T16:39:46.46'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T15:15:47.23'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T16:51:24.8733333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:26:25.3066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T17:10:29.3366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1019/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1019) of Robyn K. Kennedy, Rebecca L. Rausch, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for legislation to improve protections for sexual assault survivors. The Judiciary.
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SECTION 1. Subsection (ii)(B) of the third paragraph of section 1 of chapter 258E of the General Laws (entitled “Harassment”), is hereby amended by inserting after the word “43A” the following words: - “50 or 51”
SECTION 2. Section 3 of Chapter 258E of the General Laws is hereby amended by striking out subsection (a), and inserting in place thereof the following subsection: -
(a) A person suffering from harassment may file a complaint in the appropriate court requesting protection from such harassment. A person may petition the court under this chapter for an order including but not limited to the following: that the defendant:
(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult or minor;
(ii) refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor;
(iii) remain away from the plaintiff's household or workplace, whether the defendant is an adult or minor;
(iv) remain away from plaintiff if complaints are based on an act or acts that:
(A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43, 43A, 50 or 51 of chapter 265 or section 3 of chapter 272
(v) pay the plaintiff monetary compensation for the losses suffered as a direct result of the harassment; provided, however, that compensatory damages shall include, but shall not be limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney's fees.
SECTION 3. Chapter 258E of the General Laws is hereby amended by inserting after section 4 of chapter 258E the following sections: -
Section 4A. Order for suspension and surrender of firearms license; surrender of firearms; petition for review; hearing
Upon issuance of a temporary or emergency order under section five of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns and ammunition which the defendant then controls, owns or possesses in accordance with the provisions of this chapter and any license to carry firearms or firearms identification cards which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with the provisions of this chapter and, said law enforcement official may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of abuse prevention order served on the defendant pursuant to section seven. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any
firearms identification cards in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment. Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than ten court business days after the receipt of the notice of the petition by the court. If said license to carry firearms or firearms identification card has been suspended upon the issuance of an order issued pursuant to section five or six, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the defendant that a firearm, rifle, shotgun, machine gun or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within two business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.
Section 4B: Continuation or modification of order for surrender or suspension
Upon the continuation or modification of an order issued pursuant to section 4A or upon petition for review as described in section 4A, the court shall also order or continue to order the immediate suspension and surrender of a defendant's license to carry firearms and firearms identification card and the surrender of all firearms, rifles, shotguns, machine guns or ammunition which such defendant then controls, owns or possesses if the court makes a determination that the return of such license to carry firearms and firearm identification card or firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long as the restraining order to which it relates is in effect; and, any law enforcement official to whom such weapon is surrendered may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than two and one-half years in a house of correction or by both such fine and imprisonment.
SECTION 4. Chapter 258E of the General Laws is hereby amended by adding after section 12 the following section: - Section 13. Possession, care and control of domesticated animal owned by persons involved in certain protective orders; notice to law enforcement upon finding of imminent threat to household member or animal
Section 13.
(a) Whenever the court issues a temporary or permanent vacate, stay away, restraining or no contact order or a judgment under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or under section 3 to 7, inclusive, of chapter 258E or a temporary restraining order or preliminary or permanent injunction relative to a domestic relations, child custody, domestic abuse or abuse prevention proceeding, the court may order the possession, care and control of any domesticated animal owned, possessed, leased, kept or held by either party or a minor child residing in the household to the plaintiff or petitioner. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming or otherwise disposing of such animal.
(b) A party to any proceeding listed in subsection (a) may petition the court for an order authorized by said subsection (a).
(c) Whenever the court issues a warrant for a violation of a temporary or permanent vacate, stay away, restraining or no contact order or a judgment issued under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or section 3 to 7, inclusive, of chapter 258E or otherwise becomes aware that an outstanding warrant for such a violation has been issued against a person before the court, the judge may make a finding, based upon the totality of the circumstances, as to whether there exists an imminent threat of bodily injury to any party to such judgment or the petitioner of any such protective order, a member of the petitioner's family or household or to a domesticated animal belonging to the petitioner or to a member of the petitioner's family or household. If the court makes a finding that such an imminent threat of bodily injury to a person or domesticated animal exists, the court shall notify the appropriate law enforcement officials of such finding and the law enforcement officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.
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An Act relative to bias-free child removals
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S102
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SD2049
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T12:24:44.923'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T12:24:44.9233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S102/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 102) of Robyn K. Kennedy for legislation to authorize the Department of Children and Families to develop a bias-free child review team to review emergency child removals. Children, Families and Persons with Disabilities.
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SECTION 1. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Bias-free" to review a case file without the following identifying demographic information on the parent and child: gender, race, ethnicity, disability, geographic location, and socioeconomic status, which prevents a reader from inserting bias, implicit or explicit, into critical decisions such as removing a child from the child's family.
(a) The Department of Children and Families shall develop a permanent Bias-Free Case Review Team for each Area Office, consisting of no less than three staff, to screen all proposed emergency child removals under section 51B chapter 119 of the General Laws. The department shall develop a bias-free case summary which removes all demographics and identifying information, and presents evidence of safety factors that place the child(ren) in immediate or impending danger of serious harm, the family’s strengths, and opportunities for supportive interventions prior to removal. Prior to the Review Team convening, the following demographic and identifiable information must be removed from the case notes, intake summary, and investigation:
(i) The name of the child and the child's parents.
(ii) The race or ethnicity of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.
(iii) The sexual orientation or gender identity of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to the LGBTQ+ status or gender identity of the child.
(iv) The religious affiliation or beliefs of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.
(v) The disability status of a parent, except when the allegations require thoughtful considerations pertaining to a family's disability status.
(vi) The political affiliation or beliefs of the child and the child's parents.
(vii) The marital status of the child's parents.
(viii) The income level of the child's parents.
(ix) The education level of the child's parents.
(x) Any reference to the location of the neighborhood or county of the parent's address.
(b) The Department of Children and Families shall submit an annual evaluation report to the joint committee on children, families and persons with disabilities that details the program's implementation and that provides an analysis of the program's effect and impact on the removal rates of black, indigenous and children of color.
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An Act relative to the fair treatment of employees
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S1020
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SD915
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:18:02.133'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:18:02.1333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-07T10:23:50.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1020/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1020) of Jason M. Lewis and David Henry Argosky LeBoeuf for legislation relative to the fair treatment of employees. The Judiciary.
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SECTION 1. Section 2 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (e).
SECTION 2. Chapter 94G of the General Laws is hereby amended by inserting after section 21, the following section:-
Section 22.
(a) An employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon a person’s use of marijuana provided that:- (i) The use of marijuana by the employee is neither in the work place during work hours, nor while the employee is performing tasks related to employment; and (ii) an employee is not impaired due to the consumption of marijuana in the workplace or while performing tasks related to employment.
(b) Subsection (a) shall not apply to employers who are compelled to test for marijuana due to requirements established by the federal government.
(c) Nothing in this Section prohibits an employer from taking adverse employment action: (i) if an employee who is unable to maintain licenses, credentials, or other qualifications that are reasonably necessary for the performance of the employee’s position, even if such licensing, credentialing, or other qualifications prohibit the employee from using marijuana; or (ii) the employee is charged with a crime relating to his or her use, possession, sale, manufacture, distribution, dispensation, or transfer of marijuana and, based on the employer’s investigation into the matter, the employer reasonably believes the employee committed a crime.
(d) Any person claiming to be aggrieved under subsection (a) may bring a civil action under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury on any issue of fact in an action for damages regardless of whether equitable relief is sought by a party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual damages; or up to 2 times such amount if the court finds that the act or practice complained of was committed with knowledge, or reason to know, that such act or practice violated the provisions of this section.
(e) The executive office of labor and workforce development in consultation with the executive office of public safety and security shall promulgate regulations to enforce this section.
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An Act relative to rental protections for elderly, disabled and low-to-middle income tenants
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S1021
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SD928
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:29:13.497'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:29:13.4966667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T09:25:29.41'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:51:28.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1021/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1021) of Jason M. Lewis and Steven Ultrino for legislation relative to the termination of rental agreements or tenancy by certain tenants. The Judiciary.
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Chapter 186 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 31. (a) As used in this section, the word “tenant” shall mean a person who has entered into an oral or written lease or rental agreement for residential property located in the commonwealth who is: (i) 65 years of age or older, (ii) a person with a disability as defined in 42 U.S.C. § 12102 or (iii) a person with income at or below 80 percent of the area median income as determined by the United States Department of Housing and Urban Development.
(b) A tenant may terminate a rental agreement or tenancy upon written notification to the property owner that the tenant applied for and is accepted for admission to housing for the elderly, persons with disabilities or persons of low to moderate income, including, but not limited to: (1) a nursing home licensed pursuant to section 71 of chapter 111; (2) an assisted living residence certified pursuant to section 3 of chapter 19D; (3) elderly housing, as defined in section 1 of said chapter 19D; (4) a public housing development, as defined in section 32B of chapter 121B; (5) publicly-assisted housing, as defined in section 1 of chapter 40T; (6) age restricted housing for persons 55 years of age and over; and (7) low or moderate income housing, as defined in section 20 of chapter 40B; provided, that the notification is made not less than 30 days prior to the date of termination of the rental agreement or tenancy. A tenant who provides written notification to the property owner not less than 30 days prior to the date of termination of the rental agreement or tenancy shall not be subject to any penalty for such termination or liability for the remaining term of the rental agreement or tenancy.
(c) A property owner shall not refuse to enter into a rental agreement, nor shall a housing subsidy provider deny assistance, based on an applicant having terminated a rental agreement pursuant to subsection (b).
(d) A waiver of subsection (b) in any lease or other rental agreement, except as otherwise provided by law shall be void and unenforceable.
(e) The superior court, housing court, district court and Boston municipal court shall have jurisdiction in equity to restrain violations of subsections (b) through (d), inclusive.
(f) The department of housing and community development shall promulgate rules and regulations to implement and carry out this section, including defining additional types of housing for the elderly, persons with disabilities or persons of low to moderate income for which a tenancy may be terminated pursuant to subsection (b).
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An Act to protect the privacy of 911 callers
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S1022
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SD994
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:27:36.537'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:27:36.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1022/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1022) of Jason M. Lewis for legislation to protect the privacy of 911 callers. The Judiciary.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 18M. The audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire, or medical agency is private data on individuals with respect to the individual making the call, except that a written transcript of the audio recording is public. A transcript shall be prepared upon request. The person requesting the transcript shall pay the actual cost of transcribing the call, in addition to any other applicable costs for transcript preparation. The audio recording may be disseminated to law enforcement agencies for investigative purposes. The audio recording may be used for public safety and emergency medical services training purposes.
The release of the audio recording of a 911 telephone call without the express written consent of the caller or the caller’s legal representative shall be prohibited, except pursuant to a court order finding that the right of the public to the release of the recording outweighs the privacy interests of the individual who made the 911 call or any person involved in the facts or circumstances relating to the 911 call. This section shall not apply to law enforcement personnel conducting an investigation where the 911 telephone call is or may be relevant to the investigation.
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An Act relative to the expungement of convictions for marijuana possession
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S1023
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SD997
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:28:55.987'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:28:55.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1023/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1023) of Jason M. Lewis for legislation relative to the expungement of convictions for marijuana possession. The Judiciary.
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SECTION 1. Section 52 of chapter 55 of the acts of 2020 is hereby amended by striking clause (iii) and inserting in place thereof the following:- (iii) inform people eligible to have their records expunged as a result of changes to criminal laws resulting from marijuana decriminalization and legalization.
SECTION 2. Section 59 of chapter 55 of the acts of 2020 is hereby repealed.
SECTION 3. Notwithstanding any general or special law to the contrary, a person having a record of criminal court appearance or disposition on file with the office of the commissioner of probation for a charge of unlawful possession of a controlled substance under section 34 of chapter 94C of the General Laws shall be eligible to have the record and related records, if any, expunged immediately under section 7 of chapter 258D of the General Laws if the controlled substance specified in the complaint related to the court appearance or disposition was marijuana under clause (1) of subsection (b) of Class D of section 31 of said chapter 94C.
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An Act relative to the protection of vulnerable adults from sexual assault committed by mandated reporters, persons in a position of trust and providers of transportation
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S1024
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SD1000
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:55:48.097'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:55:48.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1024/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1024) of Jason M. Lewis for legislation relative to the protection of vulnerable adults from sexual assault committed by mandated reporters, persons in a position of trust and providers of transportation. The Judiciary.
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SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section 22D:
Whoever, being at the time (a) a mandated reporter as defined in section 21 of chapter 119, section 1 of chapter 19C, or section 15 of chapter 19A, or (b) a person with supervisory responsibility or disciplinary authority over such vulnerable adult by virtue of his or her legal, professional or occupational status, or (c) in the course of providing transportation, or immediately before or after, as an employee or contracted service provider, has sexual intercourse or unnatural sexual intercourse with, or commits indecent assault and battery upon, a vulnerable adult as defined herein, knowing such person to be a vulnerable adult, shall be punished. Whoever commits sexual intercourse (nature or unnatural) with a vulnerable adult, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life, or for any term of years. Whoever commits an indecent assault and battery on a vulnerable adult, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in the house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than twenty years. A prosecution commenced under either section of this paragraph shall not be placed on file nor continued without a finding.
Consent of the vulnerable adult to such sexual intercourse or indecent assault and battery shall not constitute a defense or excuse to this offense.
A vulnerable adult is a person fourteen years of age or older who at the time of the offense (1) is admitted to a mental health facility or to a community based or residential facility, or (2) is receiving community based services through the Department of Developmental Services or the Department of Mental Health or the Massachusetts Rehabilitation Commission, or (3) is a resident of a long-term care facility.
SECTION 2. Section 178C of Chapter 6 of the General Laws, as amended by St. 2018, chapter 219, section 1, is hereby amended by inserting into the definition of “Sex offense” after the words “aggravated rape under section 39 of chapter 277;” the following: “sexual assault of vulnerable adults under section 22D of chapter 265;”
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An Act relative to visitation and family court matters in domestic violence cases
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S1025
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SD1002
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:29:59.547'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:29:59.5466667'}, {'Id': None, 'Name': 'Marian T. Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T17:58:17.52'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1025/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1025) of Jason M. Lewis and Marian T. Ryan for legislation relative to visitation and family court matters in domestic violence cases. The Judiciary.
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SECTION 1. Chapter 276 of the General Laws is hereby amended by inserting after section 42A the following section:-
Section 42B. Conditions of release visitation rights.
(a) This section applies to defendants who are:
(1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4, inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the assault and battery of a pregnant person under section 13A of chapter 265; and
(2) where the victim of the crime is pregnant at the time of the crime or becomes pregnant as a result of the crime; or where the victim and the defendant have a child in common; or where a child is the victim or witness to the crime.
(b) For a defendant as described in subsection (a), the criminal court in which the defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of a sentence as described in subsection (c).
(i) The adult victim, or the mother of a child victim or witness, may waive the right to have a visitation ban issue.
(ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that the ban issue or not issue.
(iii) Where a mother and a child of suitable age disagree about whether to waive the visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a determination regarding visitation based on the best interests of the child.
(iv) Decisions by victims and any involved children regarding visitation bans are not necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time during the pendency of the case leading to the time when a visitation ban would terminate as described in section (3).
(v) Nothing in this section precludes the Commonwealth or the victim from asking for a stay away or no contact order as a post-conviction condition pursuant to sentencing.
(c) The visitation ban shall terminate after the completion of the defendant’s sentence, following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation through the probate courts, the defendant must complete a psychological evaluation, a domestic violence education program, a parenting program and any other treatment the probate court deems necessary prior to being allowed visitation.
(1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if the case is terminated, the ban prohibiting visitation shall be immediately lifted.
(d) For defendants for whom there is a ban prohibiting visitation as described in this section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to continue until the visitation ban is lifted.
SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after section 87A the following section:-
Section 87B. Conditions of probation visitation rights.
(a) This section applies to defendants who are:
(1) charged or convicted of the offenses of assault or rape under section 13B to 13B 3/4, inclusive, 13F, 13H, 15 or 22 to 23B, inclusive, of chapter 265, or section 3 of chapter 272, or the strangulation of a pregnant person under section 15D of chapter 265 or the assault or the assault and battery of a pregnant person under section 13A of chapter 265; and
(2) where the victim of the crime is pregnant at the time of the crime or becomes pregnant as a result of the crime; or where the victim and the defendant have a child in common; or where a child is the victim or witness to the crime.
(b) For a defendant as described in subsection (a), the criminal court in which the defendant was charged or convicted shall issue a ban, prohibiting the defendant from obtaining visitation with a child resulting from the pregnancy or a child as described in paragraph (2) of subsection (a), during the entire pretrial period, and following a conviction, for all or a portion of a sentence as described in subsection (c).
(i) The adult victim, or the mother of a child victim or witness, may waive the right to have a visitation ban issue.
(ii) A child of suitable age, or a guardian ad litem acting on their behalf, may request that the ban issue or not issue.
(iii) Where a mother and a child of suitable age disagree about whether to waive the visitation ban, a guardian ad litem shall be appointed to the child and the judge shall make a determination regarding visitation based on the best interests of the child.
(iv) Decisions by victims and any involved children regarding visitation bans are not necessarily permanent and a visitation ban may issue, or be subsequently waived, at any time during the pendency of the case leading to the time when a visitation ban would terminate as described in section (3).
(v) Nothing in this section precludes the Commonwealth or the victim from asking for a stay away or no contact order as a post-conviction condition pursuant to sentencing.
(c) The visitation ban shall terminate after the completion of the defendant’s sentence, following a conviction or plea of guilty to the offenses listed in (a)(1), or after 1 year of the defendant’s sentence, whichever is shorter. In the event that the defendant then seeks visitation through the probate courts, the defendant must complete a psychological evaluation, a domestic violence education program, a parenting program and any other treatment the probate court deems necessary prior to being allowed visitation.
(1) If the defendant as described in subsection (a) is acquitted of the relevant charges or if the case is terminated, the ban prohibiting visitation shall be immediately lifted.
(d) For defendants for whom there is a ban prohibiting visitation as described in this section, the probate court shall stay any Complaints to Establish Paternity, Motions for Genetic Marker Testing or other motions filed by the defendant, relating to parental rights, such stay to continue until the visitation ban is lifted.
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An Act relative to determining the best interest of children in probate and family court
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S1026
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SD1003
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T16:13:14.023'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T16:13:14.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1026/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1026) of Jason M. Lewis for legislation to determine the best interest of children in probate and family court. The Judiciary.
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SECTION 1. Chapter 208 of the General Laws is amended by striking out section 31, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:
Section 31. Parenting of Children.
A. Definitions. For purposes of this section, the following terms shall have the meanings set forth below:
1. Decision-Making Responsibility
a. “Shared Decision-Making Responsibility.” The parents have mutual responsibility and involvement in major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development.
b. “Sole Decision-Making Responsibility.” One parent has the right and responsibility to make major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development.
2. Residential Responsibility
a. “Shared Residential Responsibility.” A child has periods of residing with and being under the supervision of each parent in such a way as to assure a child frequent and continued contact with both parents. One residence may be designated as the child’s “primary residence” while the parents have “shared residential responsibility.”
b. “Primary Residential Responsibility.” A child resides with and be under the care and supervision of one parent, and has parenting time with the other parent, unless the court determines that such time with the other parent is not in the best interest of the child.
3. “Parental Responsibility.” This term shall encompass both decision-making and residential responsibility.
4. “Parenting Plan.” A written plan describing parental responsibility relative to each child.
5. “Parenting Time.” The time when the child is under the care and supervision of one parent or a parenting time supervisor, without regard to whether that parent has shared or primary residential responsibility.
B. General Guidance.
1. In making an order or judgment relative to the care of children, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine the distribution of parental responsibility. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect the child’s physical, mental, or emotional health. Such conditions and their impact on the child shall be relevant as the court establishes division of parental responsibilities to provide for the safety, welfare and well-being of the child in a manner that is workable for the foreseeable future.
2. Upon the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until an order or judgment is rendered, absent emergency conditions, abuse, or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage. Nothing herein shall be construed to create any presumption of temporary shared residential responsibility.
3. At any time after the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine, the court may enter an order for temporary sole decision-making responsibility for one parent if shared decision-making responsibility would not be in the best interest of the child.
4. If, despite the prior or current issuance of an abuse prevention order against one parent pursuant to chapter two hundred and nine A or of a domestic relations protective order pursuant to section 18 of this chapter, the court orders shared decision-making or residential responsibility either as a temporary order or as a judgment, the court shall provide written findings to support such order.
5. There shall be no presumption either in favor of or against shared decision-making or shared residential responsibility at the time of the trial, except as provided in section 31A of this chapter.
6. When a party requests distribution of parental responsibility and division of parenting time, that party shall provide a proposed order to the court. At the trial, if the issues of parental responsibility or parenting time are contested and either party seeks shared decision-making or shared residential responsibility, the parties, jointly or individually, shall submit to the court a parenting plan setting forth the details of their proposed plan including, but not limited to: the child’s education; the child’s health care, procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or spend time with each party, including holidays and vacations, or the procedure by which such periods of time shall be determined.
7. At trial on the merits, the court shall consider the parties’ proposed parenting plans in light of the factors set forth in (C) of this section. The court may accept, change, or reject the parenting plan submitted.
8. Where the parents have reached an agreement providing for parental responsibility of the child, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the child.
9. Prior orders or agreements shall not create a presumption that their terms shall be continued.
10. A parent’s responsibility for child support shall continue to be governed by the Massachusetts Child Support Guidelines as required by section 28 of this chapter, regardless of the use of the terms shared or primary residential responsibility in any order or judgment.
11. The entry of an order or judgment relative to the parental responsibility for the minor children shall not negate or impede the ability of both parents to have access to the academic, medical, hospital, or other health records of the child, as the parent would have had if the order or judgment had not been entered; provided, however, that if a court has issued an order to vacate against one parent or an order prohibiting a parent from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the records, in whole or in part, is necessary to ensure the health, safety, or welfare of such child or party, the court may order that all or any part of such record the shall not be disclosed to a parent or make other such other orders to restrict release of such records in accordance with G.L. c. 71, s.34H.
C. Determination of Parental Responsibilities. In determining parental responsibilities, both at the time of entry of temporary orders and judgment, the court shall be guided by the best interest of the child. At the time of entry of temporary orders, the court shall consider holidays and issues related to the child’s schedule that are likely to arise before the next date at which orders will be made. In determining the best interest of the child, the court shall consider G.L. c. 208, s.31A, if applicable, and seek to establish a parenting plan that fully provides for the safety of the children and the parties and the well-being of the children, and that is workable.
1. In determining what parental responsibility arrangement and parenting plan provides for the well-being of the child, the court shall consider:
(a) The past, present, and potential future relationship between the parent and the child, including the history of caregiving functions provided by each parent;
(b) The child’s adjustment to their school, community, and home, including any siblings and other household members;
(c) The anticipated effect on the child of disrupting or continuing the current custody situation, taking into account any special needs of the child;
(d) The willingness and ability of each parent to allow a close and continuing relationship between the child and the other parent; provided, however, that the court may not consider this factor if the court has found credible concerns related to s.31A or s.(C)(2) herein, whether or not the court has restricted contact based upon those concerns;
(e) The demonstrated capability and desire of each parent to understand and meet the physical, emotional, mental, religious, and social needs of each child, taking into account any special needs of the child; and
(f) The preference of the child, if the child is of sufficient age, temperament, and maturity.
2. In deciding what parental responsibility arrangement and parenting plan is safe for the children and the parties, the court shall consider:
(a) Whether a parent’s use of drugs, alcohol, or another substance interferes with that parent’s ability to properly care for the child;
(b) Whether a parent has inflicted physical, psychological, emotional, or financial abuse against the other parent, against any household member, or against a child; and
(c) Whether a parent has committed a sexual offense which, after considering the nature of the offense, the age of the victim, and the relationship between the parent and the victim, raises concerns regarding parenting time with the child.
3. In determining what parenting plan and schedule of parenting time will best meet the physical and emotional needs of a child, the court shall seek to create a parenting arrangement that is workable and realistic. In determining workability, the court shall consider:
(a) Whether the proposed arrangement is manageable, over time, for the parties and child, and for all other parties relevant to carrying out the arrangement;
(b) The geographic location and availability of each parent, including each party’s access to transportation, distance between the parties, or incarceration of a parent;
(c) Whether the level of cooperation required is within the past and present abilities of the parties and/or includes supports for developing improved cooperation and communication; and
(d) The ability of each parent to provide the required caregiving functions during their parenting time, including the parent’s ability to arrange for appropriate care and supervision.;
(e) Whether the length of each parent’s parenting time, the location of parenting time, the manner and location of exchange, the presence of supervision or parenting support, and the location of the parenting time adequately addresses the needs of the child and of each parent in accordance with (C)(1) and (C)(2) of this section.
The court may also consider additional factors that are deemed relevant and proven by the evidence, but must make findings specifying the factors considered and their relative weight.
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An Act relative to extend the statute of limitations for human trafficking
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S1027
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SD1005
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:32:08.753'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T16:32:08.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1027/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1027) of Jason M. Lewis for legislation relative to extend the statute of limitations for human trafficking. The Judiciary.
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Section 4d of chapter 260 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (b) and inserting in place thereof the following:
(b) A civil action for trafficking of persons for forced labor or services or sexual servitude shall be commenced within 10 years of the date on which the human trafficking victim was freed from human trafficking or, if the victim was a child during the commission of the offense, within 10 years after the date the plaintiff attains the age of 18.
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An Act relative to judicial discretion for probation
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S1028
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SD1025
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:59:33.027'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:59:33.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1028/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1028) of Jason M. Lewis for legislation relative to judicial discretion for probation. The Judiciary.
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Section 87 of chapter 276 of the General Laws is hereby amended by adding the following paragraph:-
“A judge may exercise discretion in placing a defendant on probation and consider the following:
(i) age;
(ii) nature of the defendant’s military service, if any;
(iii) education;
(iv) injuries or wounds sustained;
(v) military discipline record, if the defendant served in the military;
(vi) past and current medical status;
(vii) family and medical psychological reports;
(viii) nature of past criminal convictions, if any;
(ix) age of previous criminal convictions, if any convictions occurred; and
(x) employment status."
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An Act relative to prejudgment interest rates
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S1029
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SD1027
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:47:40.427'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:47:40.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1029/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1029) of Jason M. Lewis for legislation relative to prejudgment interest rates. The Judiciary.
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SECTION 1. Section 6B of chapter 231 of the General Laws is hereby amended by striking out, in line 5, the words “at the rate of twelve per cent per annum” and inserting in place thereof the following:- calculated at a weekly average 1-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment.
SECTION 2. Section 6C of said chapter 231 of the General Laws is hereby amended by striking out, in line 4, the words “at the rate of twelve per cent per annum” and inserting in place thereof the following:- calculated at a weekly average 1-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment.
SECTION 3. Said section 6C of said chapter 231 is hereby further amended by striking out, in line 7, the words “at the rate of twelve per cent annum” and inserting in place thereof the following:- calculated as set forth above.
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An Act relative to persons with developmental disabilities
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S103
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SD153
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:14:06.183'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:14:06.1833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:57:52.2666667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T11:55:07.42'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T11:55:07.42'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-08T11:55:07.42'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T11:55:07.42'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-08T11:55:07.42'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T14:19:06.4866667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-07T15:06:44.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S103/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 103) of Joan B. Lovely, Sal N. DiDomenico, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court for legislation relative to persons with developmental disabilities. Children, Families and Persons with Disabilities.
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SECTION 1: Section 1 of chapter 123B, as appearing in the 2018 Official Edition, is hereby amended by striking lines 18 through 37 and inserting in place thereof the following:-
“Person with a developmental disability,” (1) an individual 5 years of age or older with a severe, chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial function limitations in 3 or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, individualized supports or other forms of assistance that are of a lifelong or extended duration and are individually planned and coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or specific congenital or acquired condition with a high probability that the condition will result in developmental disability if services are not provided. A person who has a developmental disability may be considered to be mentally ill; provided, however, that no person with a developmental disability shall be considered to be mentally ill solely by the reason of the person’s developmental disability.
SECTION 2: This act shall take effect on January 1, 2025.
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An Act providing protection from child enticement
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S1030
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SD1344
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T18:15:29.583'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T18:15:29.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1030/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1030) of Jason M. Lewis for legislation to provide protection from child enticement. The Judiciary.
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Section 26C of chapter 265 of the General Laws, as amended by Chapter 267 of the Acts of 2016, is hereby amended by inserting after the existing subsection (b), a new subsection (c) as follows:-
(c) No person, by any means and without privilege to do so, shall knowingly entice any child under the age of 16, or someone he believes to be a child under the age of 16, to enter into any vehicle, if:
(1) The person does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity; and
(2) (i) The person is not a law enforcement officer, emergency services provider as defined in section 71-507, firefighter, or other person who regularly provides emergency services, is not the operator of a bookmobile or other such vehicle operated by the state or a political subdivision and used for informing, educating, organizing, or transporting children, is not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides activities for children, and is not an employee or agent of or a volunteer acting under the direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of this section but, at the time the person undertakes the activity, he or she is not acting within the scope of his or her lawful duties in that capacity.
(3) It is an affirmative defense to a charge under this subsection (c) that the person undertook the activity in response to a bona fide emergency situation or that the person undertook the activity in response to a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.
(4) Any person who violates this subsection (c) shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, or by both imprisonment and a fine of not more than $5,000.
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Resolve for a commission to review, replace, and eliminate the Grand Jury System
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S1031
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SD1380
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:17:43.707'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:17:43.7066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1031/DocumentHistoryActions
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Resolve
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By Mr. Lewis (by request), a petition (accompanied by resolve, Senate, No. 1031) of Vincent Lawrence Dixon that provisions be made for an investigation and study by a special commission to review, replace, and eliminate the Grand Jury System. The Judiciary.
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Resolved, to review, consider, evaluate, and/or replace, the Grand Jury System as is known, and to establish a suitable body and/or Special Commission to consider this matter.
Over many years, the utility, and fairness, of the Grand Jury System, has been called into question. Recent events in various local area locations, states, and other jurisdictions have further raised questions as to its proper role, if any, in a properly functioning system of justice.
The Commonwealth of Massachusetts, having been a pioneer in reform of various legal procedures, should consider such changes as are appropriate in this area.
It has been suggested that since the Grand Jury System originated in England and/or Great Britain, that we are influenced by it. Thus, the apparent fact that its use in England, and/or Great Britain has apparently been largely ended, should raise questions, as to whether we
continue to use it ourselves. Other jurisdictions, across The United States, have also eliminated the use of Grand Juries, at least in their present form, and this further suggests the need for analysis as to their use.
A Special Commission shall be established by this Resolve, and/or additional suitable legislation, to investigate, and recommend, appropriate actions, and reforms.
Upon the establishment of a suitable Special Commission, it should consider relevant alternative legal mechanisms, including examining available data, and information, as to result, results; and streamlined processes by which appropriate charges may, and/or must be brought to
Courts, by appropriate standards.
Membership of such a Commission, shall include the Dean of each Law School, in Massachusetts, or their designee; the Constitutional Officers of Massachusetts, or their designees; at least one (1) individual appropriate representative each, of the Judiciary, Law Enforcement including District Attorneys, and Sheriffs, members of the general law profession, representatives of constituencies, particularly concerned with the legal process such as legal defenders, and legal reformers; and other relevant individuals. The Commission, shall select
a Chair, and a Vice Chair, from the membership of the body, and shall be authorized to expend reasonable expenses, to accomplish their responsibilities.
The Governor, and the Attorney General, shall be the Co-Appointing individuals, for the members of this Commission.
This Commission shall hold public hearings, at no less than five (5) distinct locations, including the Capital City of Boston, and four other regional locations, and collect useful information, including that of historical legal development; shall make general findings, useful analysis, and specific recommendations. Since these matters are important, a timely report should be issued within twenty-four (24) months, from the completion of the appointments of its members.
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An Act providing for the improvement of required standards of Clerk Magistrates
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S1032
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SD1381
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:19:38.563'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:19:38.5633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1032/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 1032) of Vincent Lawrence Dixon for legislation to provide for the improvement of required standards of Clerk Magistrates. The Judiciary.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the
following new chapter :An Act to provide for the Improvement of Required Standards of Clerk Magistrates.
1.) Massachusetts, having developed a unique system of Clerk Magistrates, has found certain inconsistencies, in this system. While this system, under various reviews, may experience significant alteration, few voices likely are opposed to the improvement of standards, held byt hose individuals appointed to these positions.
2.) Therefore, this Statute, establishes, and encourages, a particular additional educational standard: All Clerk Magistrates, appointed after the implementation of this Act, shall have proof of graduation, with an earned degree, from an accredited graduate Law School. In addition, current
Clerk Magistrates, shall be encouraged to earn a graduate Law Degree, from an accredited Law School, if they do not have one. If they do so, within seven years of the implementation of this statute, they may receive a ten-percent upward incentive bonus, for
having done so; since doing so, may benefit themselves, and the public respect for the legal system.
3.) All individuals, meeting the requirements of this Act, shall receive additional training, and regular update training, on a yearly basis, as specified in such needed regulations, as the Attorney General, shall create, and monitor, in conjunction with the relevant supervising
justices, of each appropriately defined judicial system, in the Commonwealth.
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An Act providing for the development of a graduate judicial training school
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S1033
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SD1384
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:21:31.457'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:21:31.4733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1033/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 1033) of Vincent Lawrence Dixon for legislation to provide for the development of a graduate judicial training school. The Judiciary.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act to Provide for the Development of a Graduate Judicial Training School.
1.) Massachusetts, has been a leader in the advancement of law, while respecting the great foundations of law, that goes back centuries. As time has evolved, societies, and laws, our Commonwealth has allowed, encouraged, and benefitted from the creation of a number of high quality accredited Graduate Law Schools.
2a.) In similar manner, as society has become more sophisticated, concerns have grown regarding the quality of judges, and judging. Thus, it seems reasonable, logical, and appropriate, that there be considered, the creation of a Graduate Judicial Training School. Such a school should be established; at first to develop highest quality continuing education for current judges; and shortly thereafter, to develop an entry-level, professional training academy, graduate school to train capable, and talented individuals to be judges.
2b.) Those eligible to be trained as judges, should be graduates of accredited Law Schools, and study at least one, to two years, in advanced training on the nature of judging, society, and effective and fair legal systems. Such training, shall include specific training regarding the responsibilities, authorities, history, and appropriate training, relevant to making decisions, as a judge, in The Commonwealth of Massachusetts.
3.) It should be the intent of developing such a Graduate Judicial Training School, to facilitate the highest quality improvement of all judges, and legal hearing officers of The Commonwealth, so that ultimately, all such appointments, are drawn from graduates of a Massachusetts Graduate Judicial Training School, or a similar such qualifying program.
4a.) In order to move in the direction of establishing a Graduate Judicial Training School, for The Commonwealth of Massachusetts, an Advisory Board for a Graduate Judicial Training School, shall be appointed, consisting of:
Three (3) members appointed by the Governor, three (3) members appointed by the Attorney General of Massachusetts; and one member each, who are the Deans of all accredited Law Schools within Massachusetts (or their appointed designees).
4b.) This Advisory Board, shall select from its membership, a Chair, a Vice Chair; and shall have such appropriate public hearings, in suitable, and several locations, across The Commonwealth, as may facilitate significant, and appropriate public, and expert testimony.
5.) This Board shall convene, over a period of three (3) years, and make important recommendations as to how to establish such a school, and also consider a long-term plan to convert the judicial appointment process, and that for all legal hearing officers, to the appointment of trained judges, educated by this process.
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An Act to enhance state anti-trust powers and enforcement
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S1034
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SD1424
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:59:44.49'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:59:44.49'}]
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 1034) of Vincent Lawrence Dixon for legislation to enhance state anti-trust powers and enforcement. The Judiciary.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act to Enhance State Anti-Trust Powers and Enforcement.
1.) Sound, and honest economic, and business behavior, benefit the economy of the Commonwealth, its businesses, organizations, and the individual consumers of Massachusetts. Therefore, this Statute sets standards, requiring, urging, and providing for the more robust usage, and enforcement of anti-trust powers, presently held by all of the legal authorities of Massachusetts, including the Constitutional Officers, and the Judicial Authorities.
2.) While Federal Anti-Trust powers are important, and valuable, for various reasons, the various authorities of The United States, from time to time, lack the resources, or have other more important focuses, regarding various business activities, and problems. When this is true, and even under normal circumstances, situations present themselves, in the view of state authorities, that can, and/or should, be monitored, and acted upon by the Commonwealth.
3.) In doing so, the sound, and honest economy, and benefit to consumers of Massachusetts, can be improved.
4.) Therefore, this legislation provides that the Attorney General of Massachusetts, make public formal recommendations, in an annual Economic Enforcement Report, as to what measures relating to anti-trust, need revitalization, streamlined regulation, and consumer-friendly enforcement in terms of sound business practices in our Commonwealth.
5.) Particular attention in this Annual Report, shall be given to monitoring, and enforcement relating to large so-called chain stores, across all fields, for their maintenance of honest pricing, and sales promotion processes.
6.) Sound regulation of business practices, shall also be reviewed, by this Annual Report; with particular attention to the ability of small, and medium-sized businesses, being able to compete fairly, and honestly, in successful ways.
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An Act to protect unpaid interns, volunteers, and independent contractors from sexual harassment and other forms of discrimination
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S1035
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SD252
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:21:20.623'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:21:20.6233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:56:48.8333333'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1035) of Joan B. Lovely and Sal N. DiDomenico for legislation to protect unpaid interns, volunteers, and independent contractors from sexual harassment and other forms of discrimination. The Judiciary.
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SECTION 1. Section 1 of chapter 151B is hereby amended by inserting at the beginning of line 15 the following sentence:-
The term “employer” means any organization or individual who engages a person to perform work on their behalf or on behalf of their subsidiaries, customers or clients, whether such work is paid or unpaid.
SECTION 2. Section 1 of chapter 151B is hereby further amended by inserting at the beginning of line 34 the following sentence:-
The term “employee” means any individual who engages in work under the control and direction of another, whether such work is paid or unpaid.
SECTION 3. Section 4 of chapter 151B is hereby amended by inserting after line 860 the following:-
20. It shall be an unlawful practice for an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person to discriminate against any person in the selection, discharge, training, terms or treatment of that person in an apprenticeship, training program, an unpaid internship, or a volunteer program, or any other program designed to provide unpaid work, because of the race, color, religious creed, national origin, sex, handicap, gender identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual orientation. Apprentices, trainees, unpaid interns, and volunteers may file a complaint alleging unlawful discrimination. A limited employment relationship for the purpose of providing protection from discrimination to all persons in the workplace, whether paid or unpaid shall exist, provided, however, that this relationship shall not create an employment relationship under wage and hour provision, workers' compensation, or unemployment insurance.
21. It shall be an unlawful practice for an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of the race, color, religious creed, national origin, sex, handicap, gender identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual orientation, to harass an applicant, apprentice, trainee, unpaid intern, or a volunteer. An employer may be held liable to an applicant, apprentice, trainee, unpaid intern, or volunteer, with respect to unlawful harassment, when the employer, its agents or supervisors knew or should have known that such applicant, apprentice, trainee, unpaid intern, or volunteer was subjected to harassment in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. A limited employment relationship for the purpose of providing protection from discrimination to all persons in the workplace, whether paid or unpaid shall exist, provided, however, that this relationship shall not create an employment relationship under wage and hour provision, workers' compensation, or unemployment insurance.
22. It shall be an unlawful practice for an employer because of the race, color, religious creed, national origin, sex, handicap, gender identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual orientation of any individual or independent contractor, to refuse to contract with such individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of contract. An independent contractor or individual may file a complaint alleging unlawful discrimination.
23. It shall be an unlawful practice for an employer to permit harassment against non-employees in its workplace based on race, color, religious creed, national origin, sex, handicap, gender identity, genetic information, pregnancy, ancestry, military and veteran status, or sexual orientation. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, when the employer, its agents or supervisors knew or should have known that such non-employee was subjected to harassment in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer's control and any other legal responsibility that the employer may have with respect to the conduct of the harasser shall be considered. Non-employees may file a complaint alleging unlawful discrimination.
24. It shall be unlawful for any person, employer, labor organization or employment agency to harass, discharge, expel or otherwise discriminate against any person because he or she has opposed any practices forbidden under this chapter or because he or she has filed a complaint, testified or assisted in any proceeding under this chapter.
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An Act relative to sexual assaults by adults in positions of authority or trust
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S1036
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SD253
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:21:50.007'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:21:50.0066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T11:58:02.01'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1036) of Joan B. Lovely and Vanna Howard for legislation relative to sexual assaults by adults in positions of authority or trust. The Judiciary.
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SECTION 1. Chapter 265 of the General Laws is hereby amended by inserting after section 13B the following section:-
Section 13B1/4. (a) As used in this section, “position of trust, authority or supervision over a child” shall include a teacher, substitute teacher, coach, tutor, special educator, paraprofessional, mentor or other person providing instruction or educational services to a child or children, whether such person is compensated, acting as a volunteer, or employed or contracted in any capacity in private or public schools; or a person who is an instructor, tutor or coach of any athletic, artistic, or academic club, team, institution or organization, or an individual tutor or coach; or a parent, stepparent, adoptive parent, legal guardian, foster parent, or any person with custodial authority or supervision of a child or children; or a babysitter, child care provider, or child care aide, whether such person is compensated or acting as a volunteer; or any other person who because of that person’s familial relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with a child or children.
(b) Whoever commits an indecent assault and battery on a child who has attained the age of 14 and is under the age of 18, and who is a mandated reporter as defined in section 21 of chapter 119, or who is in a position of trust, authority or supervision over a child as defined in this section and who commits the indecent assault and battery in the course of acting in that position or at any time thereafter, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of corrections for not more than 2 ½ years. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
(c) Whoever commits an indecent assault and battery on a child who is under the age of 14, and who is a mandated reporter as defined in section 21 of chapter 119, or who is in a position of trust, authority or supervision over a child as defined in this section, and who commits the indecent assault and battery in the course of acting in that position or at any time thereafter, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his or her sentence for good conduct until he or she shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
In a prosecution under this section, a child under the age of 18 shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.
It shall not be a defense to a prosecution under this section that the position of trust, authority or supervision over a child has ended, if the child is under the age of 18 at the time of the offense.
SECTION 2. Section 13B1/2 of said chapter 265 is hereby amended by striking out subsection (b).
SECTION 3. Section 23A of said chapter 265 is hereby amended by striking out subsection (c).
SECTION 4. Said chapter 265 is hereby further amended by inserting after section 23A the following section:-
Section 23A1/2. (a) Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with and abuses a child who has attained the age of 16 and is under the age of 18, and who is a mandated reporter as defined in section 21 of chapter 119, or who is in a position of trust, authority or supervision over a child as defined in section 13B1/4 of chapter 265, and who commits such conduct in the course of acting in that position or at any time thereafter, shall be punished by imprisonment in the state prison for life or for any terms of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.
(b) Whoever unlawfully has sexual intercourse or unnatural sexual intercourse with and abuses a child who is under the age of 16, and who is a mandated reported as defined in section 21 of chapter 119, or who is in a position of trust, authority or supervision over a child as defined in section 13B1/4 of chapter 265, and who commits such conduct in the course of acting in that position or at any time thereafter, shall be punished by imprisonment in the state prison for life or for any terms of years, but not less than 10 years. The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his or her sentence for good conduct until he or she shall have served 10 years of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.
In a prosecution under this section, a child under the age of 18 shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.
It shall not be a defense to a prosecution under this section that the position of trust, authority or supervision over a child has ended, if the child is under the age of 18 at the time of the offense.
SECTION 5. Section 63 of chapter 277 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after “13B,”, in line 2, the following:- “13B1/4,”.
SECTION 6. Said section 63 of chapter 277 is hereby further amended by inserting after “23A,”, in line 3, the following:- “23A1/2,”.
SECTION 7. Said section 63 of chapter 277 is hereby further amended by inserting after “13B,”, in line 16, the following:- “13B1/4,”.
SECTION 8. Said section 63 of chapter 277 is hereby further amended by inserting after “23A,”, in line 16, the following:- “23A1/2,”.
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An Act prohibiting discrimination against adults with disabilities in family and juvenile court proceedings
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S1037
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SD679
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:37:59.99'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:37:59.99'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:57:56.44'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T11:55:39.8666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:55:39.8666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T11:55:39.8666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T14:19:23.8833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-07T15:06:27.2233333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-17T14:08:43.9466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:19:08.1833333'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1037) of Joan B. Lovely, Sal N. DiDomenico, Michael O. Moore, Jack Patrick Lewis and other members of the General Court for legislation to prohibit discrimination against adults with disabilities in family and juvenile court proceedings. The Judiciary.
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SECTION 1. Chapter 208, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by inserting after section 31A the following section:-
Section 31B. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:-
“Adaptive parenting equipment”, any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008.
“Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including, but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters.
Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in a determination of custody or of parenting time with a minor child, absent a specific showing by a preponderance of the evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
If the court considers a parent’s disability or its manifestations as a negative factor in an award of custody or of parenting time with a child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, what effect, if any, said harm has on the best interests of the child, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm.
SECTION 2. Chapter 209C, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by inserting after section 10 the following section:-
Section 10A. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:-
“Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008.
“Supportive parenting services”, services that help parents with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters.
Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in a determination of custody or of parenting time with a minor child, absent a specific showing by a preponderance of the evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
If the court considers a parent’s disability or its manifestations as a negative factor in an award of custody of and or parenting time with a child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, what effect, if any, said harm has on the best interests of the child, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm.
SECTION 3. Section 21 of chapter 119, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
“Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
SECTION 4. Said section of said chapter as so appearing, is hereby further amended by inserting after the eleventh paragraph the following paragraph:-
“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008.
SECTION 5. Said section of said chapter, as so appearing, is hereby further amended by inserting after the twenty second paragraph the following paragraph:-
“Supportive parenting services”, services that help parents with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters.
SECTION 6. Said chapter, as so appearing, is hereby further amended by inserting after section 24 the following section:-
Section 24A. Nothing in this chapter shall allow a parent’s disability or its manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a determination of whether a child is in need of care and protection or for the removal of custody of a child from a parent, guardian, or other custodian, absent a specific showing by clear and convincing evidence made by the department, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
If the court considers a parent’s disability or its manifestations as a negative factor in determining that a child is in need of care and protection or for the removal of custody of a child from a parent, guardian, or other custodian, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit.
SECTION 7. Section 3 of chapter 210, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out subsection (c)(xii), as appearing in the 2020 Official Edition, and inserting in place thereof the following subsection:-
Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to the child, and cannot be alleviated by adequate accommodations, including adaptive parenting equipment or supportive parenting services.
SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after section 3B the following section:-
Section 3C. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:-
“Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008.
“Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters.
Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in determining whether to terminate parental rights, absent a specific showing by clear and convincing evidence made by the department, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
If the court considers a parent’s disability or its manifestations as a negative factor in determining whether to terminate parental rights, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit; provided further, the court shall dismiss the department’s petition under this section if the court finds that the department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C. 794.
SECTION 9. Section 5-101 of chapter 190B, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by inserting before the first paragraph the following paragraph:-
“Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
SECTION 10. Said section of said chapter, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008.
SECTION 11. Said section of said chapter, as so appearing, is hereby further amended by inserting after the twenty fourth paragraph the following paragraph:-
“Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including, but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters.
SECTION 12. Said chapter, as so appearing, is hereby further amended by inserting after section 5-204 the following section:-
Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in determining whether to appoint a temporary or permanent guardian for a minor child, absent a specific showing by clear and convincing evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services.
If the court considers a parent’s disability or its manifestations as a negative factor in a determination of whether to appoint a temporary or permanent guardian for a minor child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit.
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An Act eliminating the statute of limitation in civil child sexual abuse cases
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S1038
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SD1173
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:57:38.867'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:57:38.8666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-28T09:18:24.83'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-22T12:59:37.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1038/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1038) of Joan B. Lovely for legislation to eliminate the statute of limitation in civil child sexual abuse cases. The Judiciary.
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SECTION 1. Section 4C of chapter 260 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Actions of tort alleging the defendant sexually abused a minor may be commenced at any time after the acts alleged to have caused an injury or condition.
SECTION 2. Said chapter 260 is hereby amended by striking out section 4C1/2, as so appearing, and inserting in place thereof the following section:-
Section 4C½. An action of tort alleging that the defendant negligently supervised a person who sexually abused a minor or that the defendant’s conduct caused or contributed to the sexual abuse of a minor by another person may be commenced at any time after the acts alleged to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have the same meaning as in section 4C.
SECTION 3. Sections 4C and 4C1/2 shall apply regardless of when acts alleged to have caused an injury or condition to a minor shall have accrued and regardless of whether it may have lapsed or would otherwise be barred by time under any law of the commonwealth. In an action based on sexual abuse against a minor that would have been barred by time under any law of the commonwealth in effect before the effective date of this act, damages may be awarded against an entity that employed or supervised the person who allegedly committed the sexual abuse only if there is a finding of negligence on the part of the entity.
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An Act amending the statute of limitations regarding criminal prosecutions for the crimes of sexual assault and rape of a child
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S1039
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SD1176
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T09:52:12.787'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T09:52:12.7866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1039/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1039) of Joan B. Lovely for legislation to amend the statute of limitations regarding criminal prosecutions for the crimes of sexual assault and rape of a child. The Judiciary.
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Section 63 of chapter 277 of the General Laws is hereby amended by inserting at the end thereof the following new paragraph:-
Notwithstanding any other provision of this section, an indictment or complaint alleging an offense of indecent assault and battery, or an offense of rape, may be found and filed at any time after the commission of such offense, provided that the victim was under the age of 18 when the offense was committed.
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An Act establishing a diaper benefits pilot program
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S104
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SD239
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:14:47.06'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:14:47.06'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T11:58:10.3566667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-08T11:53:46.3233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-21T14:18:38.86'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T09:33:47.11'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-23T09:33:47.11'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-23T09:33:47.11'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-07T15:06:36.15'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-26T11:45:47.7666667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-07-11T11:18:29.8566667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-11T11:18:29.8566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:18:29.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S104/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 104) of Joan B. Lovely, Mark C. Montigny, Vanna Howard and Sal N. DiDomenico for legislation to establish a diaper benefits pilot program. Children, Families and Persons with Disabilities.
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Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 2J, the following new section:-
Section 2K. (a) As used in this section, the following words shall have the following meanings unless context clearly requires otherwise:
“Commissioner,” the commissioner of the department of public health.
“Department,” the department of public health.
“Fund,” the diaper benefits trust fund.
“Organization,” an entity, including but not limited to, that acts in whole or in part as a diaper bank, diaper distribution organization, food bank or food pantry.
“Pilot program,” an organization or organizations receiving funds from the department to provide diapers to low-income families with diaper-wearing infants and children. Organizations may collaborate to maximize distribution in their respective regions.
(b) There shall be established and set up on the books of the commonwealth a fund to address diaper insufficiency that shall be administered by the commissioner. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further the pilot program. Amounts credited to the fund shall not be subject to further appropriation, and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund.
(c) The department shall distribute resources from the fund by issuing a request for proposal through which an organization or organizations may apply. Funds received shall be used for one or more of the following purposes: (i) acquiring diapers, (ii) storing diapers, (iii) distributing diapers, (iv) organizing diaper drives, or (v) marketing the pilot program.
The department shall grant funds based on the demonstrated capacity and need of the applicant. The department shall fund up to 12 applicants no more than 2 of which shall be from the western region of the commonwealth; no more than 2 of which shall be from the central region of the commonwealth; no more than 2 of which shall be from the eastern region of the commonwealth; no more than 2 of which shall be from the southeastern region of the commonwealth; no more than 2 of which shall be from Cape Cod or the Islands; and no more than 2 of which shall be from the Merrimack valley.
Amounts received from private sources shall be approved by the commissioner of the department and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on distributing diapers.
(d) Not later than one year after the implementation of each pilot program said department shall provide a report to the joint committee on children, families and persons with disabilities and to the house and senate committees on ways and means. The report shall include, but not be limited to: (i) the number of children receiving diapers through the pilot program; (ii) the number of households receiving diapers through the pilot program; (iii) the number of diapers distributed through the pilot program to families in each region; (iv) an explanation of the organization's distribution process and allocation determination; (v) the sources and the amounts remaining in the fund; (vi) if and how the pilot program were able to leverage additional support; (vii) the amounts distributed and the purpose of expenditures from the fund; and (viii) the advisability of expanding the pilot program.
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An Act relative to enhancing hiring practices to prevent sexual abuse
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S1040
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SD1655
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T18:41:07.987'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T18:41:07.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1040/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1040) of Joan B. Lovely for legislation to enhance hiring practices at schools to prevent sexual abuse. The Judiciary.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting, after section 38R, the following new section:-
Section 38S. Sexual Abuse Prevention Hiring Requirements
(a) Notwithstanding section 38R of chapter 71, before a school or independent contractor may offer employment to an applicant who would be employed by or work in a school in a position involving direct contact with children, the school or independent contractor shall require the applicant to provide:
(1) A list, including name, address, telephone number and other relevant contact information of the applicant, including:
(i) Current employer
(ii) All former employers that were school entities
(iii) All former employers if the applicant was employed in positions that involved direct contact with children.
(2) A written authorization that consents to and authorizes disclosure by the applicant's current and former employers in subparagraph (1) of the information requested under subsection (b).
(3) A written statement of whether the applicant:
(i) has been the subject of (1) an abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, unless the investigation resulted in a finding that the allegations were false or inconclusive; or (2) an investigation of abuse under section 51A of chapter 119 in which the allegations of abuse against the applicant were substantiated by the department of children and families and not subsequently unsubstantiated or overturned on appeal;
(ii) has ever been disciplined, discharged, non-renewed, asked to resign from employment, resigned from or otherwise separated from any employment (1) while allegations of abuse or sexual misconduct were pending or under investigation, unless the investigation resulted in a finding that the allegations were false or inconclusive, or in the case of section 51A of chapter 119, unsubstantiated; or (2) due to an adjudication or findings of abuse or sexual misconduct.; or
(iii) has ever had a license, professional license or certificate suspended, surrendered or revoked (1) while allegations of abuse or sexual misconduct were pending or under investigation, unless the investigation resulted in a finding that the allegations were false or inconclusive, or in the case of section 51A of chapter 119, unsubstantiated; or (2) due to adjudicated findings of abuse or sexual misconduct.
Material required information shall include all of an applicant’s conduct that is known by the previous employer, regardless of whether the conduct occurred before, on or after the date of the passage of this law.
(b) Before a school or independent contractor may offer employment to an applicant who would be employed by or work in a school in a position involving contact with children, the school or independent contractor shall conduct a review of the employment history of the applicant by contacting those employers listed by the applicant and requesting the following information:
(1) The dates of employment of the applicant.
(2) A statement as to whether the applicant:
(i) was the subject of (1) an abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, unless such investigation resulted in a finding that the allegations were false or inconclusive; or (2) an investigation of abuse under section 51A of chapter 119 in which the allegations of abuse against the applicant were substantiated by the department of children and families and not subsequently unsubstantiated or overturned on appeal.
(ii) was disciplined, discharged, non-renewed, asked to resign from employment, resigned from or otherwise separated from any employment (1) while allegations of abuse or sexual misconduct were pending or under investigation, unless the investigation resulted in a finding that the allegations were false or inconclusive or, in the case of section 51A of chapter 119, unsubstantiated; or (2) due to an adjudication or findings of abuse or sexual misconduct; or
(iii) has ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct were pending or under investigation, or due to adjudicated findings of abuse or sexual misconduct.
(c) Before a school or independent contractor may offer employment to an applicant who would be employed by or in a school entity in a position involving direct contact with children, the school entity or independent contractor shall check the eligibility for employment or certification status of the applicant to determine whether the applicant holds valid and active certification appropriate for the position and is otherwise eligible for employment and whether the applicant has been the subject of professional discipline.
(d) An applicant who provides false information or willfully fails to disclose material required information shall be subject to discipline up to, and including, termination or denial of employment and may be subject to professional discipline.
(e) No later than 120 days after receiving a request for information under subsection (b), an employer that has or had an employment relationship with the applicant shall disclose the information requested. The employer shall disclose the information on a standardized form developed by the department of elementary and secondary education.
(f)(1) After reviewing the information initially disclosed under subsection (a)(2) and finding an affirmative response to subsection (a)(2)(i), (ii) or (iii), or disclosed under section (b) and finding an affirmative response to subsection (b)(2)(i), (ii) or (iii), where the prospective employing school or contractor makes a determination to consider the applicant for employment, the school or contractor shall request that former employers provide any additional material information about the matters disclosed. The applicant shall provide written authorization that consents to and authorizes disclosure by the applicant's current and former employers of said additional material information.
(2) Former employers shall provide the additional information requested no later than 90 days after the prospective employer's request under this paragraph.
(3) Information received under this section shall not be deemed a public record for the purposes of section 10 of chapter 66.
(4) A school that receives the information under this subsection shall use the information solely for the purpose of evaluating an applicant's fitness to be hired or for continued employment.
(g) A school or independent contractor may hire an applicant on a provisional basis for no more than 90 days pending the school entity's or independent contractor’s review of information and records received under this section, provided that all of the following are satisfied:
(1) the applicant has provided all of the information and supporting documentation required;
(2) the school administrator has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment; and
(3) the applicant swears or affirms that the applicant is not disqualified from employment.
(h) A school or independent contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any other contract or agreement or take any action that interferes with the operation of section 51A of chapter 119 or appropriate criminal authority. Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended or entered into after the effective date of this section and that is contrary to this section shall be void.
(i)(1) For substitute employees, the employment history review required by this section shall be required only prior to the initial hiring of a substitute or placement on the school entity's approved substitute list and shall remain valid as long as the substitute continues to be employed by the same school entity or remains on the school entity's approved substitute list.
(2) A substitute seeking to be added to another school entity's substitute list shall undergo a new employment history review. The appearance of a substitute on one school entity's substitute list does not relieve another school entity from compliance with this section.
(3) An employment history review conducted upon initial hiring of a substitute employee by an independent contractor, intermediate unit or any other entity that furnishes substitute staffing services to school entities shall satisfy the requirements of this section for all school entities using the services of that independent contractor, intermediate unit or other entity.
(4) An independent contractor, intermediate unit or any other entity furnishing substitute staffing services to school entities shall comply with the provisions of this Act.
(j)(1) For employees of independent contractors, the employment history review required by this section shall be performed either at the time of the initial hiring of the employee or prior to the assignment of an existing employee to perform work for a school entity in a position involving direct contact with children. The review shall remain valid as long as the employee remains employed by that same independent contractor even though assigned to perform work for other school entities.
(2) An independent contractor shall maintain records documenting employment history reviews for all employees as required by this section and, upon request, shall provide a school entity for which an employee is assigned to perform work access to the records pertaining to that employee.
(3) Prior to assigning an employee to perform work for a school in a position involving direct contact with children, the independent contractor shall inform the school of any instance known to the independent contractor in which the employee:
(i) was the subject of any abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement authority or child protective services agency, unless such investigation resulted in a finding that allegations are false;
(ii) has ever been disciplined, discharged, non-renewed, removed from a substitute list, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of abuse or sexual misconduct as described in subparagraph (i) were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct; or
(iii) has ever had a license, professional license or certificate suspended, surrendered or revoked while allegations of abuse or sexual misconduct were pending or under investigation, or due to an adjudication or findings of abuse or sexual misconduct.
(4) The independent contractor may not assign the employee to perform work for the school in a position involving direct contact with children where the school objects to the assignment after being informed of an instance of abuse or sexual misconduct.
(5) An applicant who has once undergone the employment history review required and seeks to transfer to or provide services to another school in the same district, diocese or religious judicatory or established and supervised by the same organization shall not be required to obtain additional reports before making such transfer.
(k)(1) An employer, school, school administrator or independent contractor who in good faith provides information or records including personnel records about a current or former employee’s job performance and professional conduct to a prospective school employer or to the department of elementary and secondary education shall be immune from criminal and civil liability for the disclosure or any consequences of the disclosure, unless the information or records were provided with the knowledge that they were false or misleading. Such immunity shall be in addition to and not in limitation of any other immunity provided by law or any absolute or conditional privileges applicable to such disclosures by virtue of the circumstances or the applicant's consent thereto.
(2) Except where the laws of other states prevent the release of the information or records requested, or disclosure is restricted by the terms of a contract entered into prior to the effective date of this section, the willful failure of a former employer, school entity, school administrator or independent contractor to respond or provide the information and records as requested may result in civil penalties, and professional discipline where appropriate.
(3) Notwithstanding any provision of law to the contrary, an employer, school, school administrator, independent contractor or applicant shall report and disclose in accordance with this section all relevant information, records and documentation that may otherwise be confidential under section 10 of chapter 66.
(4) A school or independent contractor may not hire an applicant who does not provide the information required under subsection (a)(2) for a position involving contact with children.
(l) Nothing in this section shall be construed:
(1) To prevent a prospective employer from conducting further investigations of prospective employees or from requiring applicants to provide additional background information or authorizations beyond what is required under this section, nor to prevent a former employer from disclosing more information than what is required under this section.
(2) To relieve a school, school administrator or independent contractor of its legal responsibility to report suspected incidents of abuse in accordance with the provisions of section 51A of chapter 119 or misconduct by a licensed educator in accordance with the reporting requirements of the department of elementary and secondary education.
(3) To relieve a school, school administrator or independent contractor of its legal responsibility to report suspected incidents of professional misconduct in accordance with chapter 119, section 51A or misconduct by a licensed educator in accordance with the reporting requirements of the department of elementary and secondary education.
(4) To prohibit the right of the exclusive representative pursuant to chapter 150E to challenge the validity of an employee’s termination or discipline under a collective bargaining agreement or any relevant statute
(j)(1) The office of the attorney general shall have jurisdiction to determine willful violations of this section and may, following a hearing, assess a civil penalty not to exceed ten thousand dollars ($10,000). School entities shall be barred from contracting with an independent contractor who is found to have willfully violated the provisions of this section. Willful violations of the provisions of this section shall be reported to the relevant licensing authority.
(2) Notwithstanding any other provision of law to the contrary, the department of elementary and secondary education shall report all willful violations of the provisions of this sections to the National Association of State Directors of Teacher Education and Certification Clearinghouse or any national databases serving the same purpose, all information required for participation in such a clearinghouse.
Section 6. The board of education may promulgate regulations for implementation and enforcement of this chapter. Upon release of the proposed regulations, the board shall file a copy of the regulations with the clerks of the house of representatives and the senate, who shall forward the regulations to the joint committee on education. Within 30 days of the filing, the committee may hold a public hearing and issue a report on the regulations and file the report with the board. The board, pursuant to applicable law, may adopt final regulations making revisions to the proposed regulations as it deems appropriate after consideration of the report and shall file a copy of the final regulations with the chairpersons of the joint committee on education and, not earlier than 30 days after the filing, the board shall file the final regulations with the state secretary.
Section 7. No employer shall be liable for injury, loss of property, personal injury or death caused by an act or omission of a public employee while acting in the scope of the public employee’s employment and arising out of the implementation of this chapter. This chapter shall not be construed as creating or imposing a specific duty of care.
Section 8. (a) Any individual who is a school employee, contractor, or agent, or any state educational agency or local educational agency, shall be prohibited from assisting a school employee, contractor, or agent in obtaining a new job in another educational agency or school, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.
(b) The requirements of subsection (a) shall not apply if the information giving rise to probable cause:
(1) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and
(2) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient 7 information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
(3) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or
(4) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.
SECTION 3. Subsection (a) of section 51A of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, shall be amended by inserting after the word “neglect.”, in line 19, the following:-
A school or mandated reporter who has reasonable cause to believe that a person who is alleged to have sexually abused a child in the past, presently represents a credible threat to a child under the age of eighteen years, shall have the same reporting obligations under this section.
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An Act relative to minimizing suffering during the commitment process
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S1041
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SD1661
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:52:44.623'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:52:44.6233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1041/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1041) of Joan B. Lovely for legislation relative to minimizing suffering during the commitment process. The Judiciary.
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Section 35 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in lines 43-45 the words:- "The court shall order examination by a qualified physician, a qualified psychologist or a qualified social worker”, and inserting in place thereof the following:-
Upon appearance or apprehension, the court shall have the individual examined by a physician or a qualified advanced practice registered nurse designated to have the authority to admit to a facility. If the physician or qualified advanced registered nurse reports that the failure to hospitalize or provide medical treatment to the individual would create a likelihood of serious harm, the court shall order the individual with alcohol or substance use disorder to be committed to a facility designated by the department of public health for treatment during the pendency of the petition.
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An Act relative to appeals from the clerk-magistrates
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S1042
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SD1868
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:01:40.763'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:01:40.7633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1042/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1042) of Paul W. Mark for legislation relative to appeals from the decisions of clerk-magistrates. The Judiciary.
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SECTION 1. Article V of Part 1 of the constitution of the commonwealth states that magistrates of the commonwealth are the substitutes and the agents of the people of the commonwealth and are at all times accountable to them.
The Supreme Judicial Court has consistently held that if a clerk-magistrate denies a private party’s application for a criminal complaint, the private party has no constitutional or statutory right to challenge that decision.
The purpose of this act is to provide a private party complainant with a statutory right to challenge a clerk-magistrate’s denial of an application for the issuance of a criminal complaint.
SECTION 2. The second paragraph of section 35 of chapter 218 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
"Upon the denial of such application, if by a private party, the clerk shall enter the specific reason for the denial of the application."
SECTION 3. Chapter 218 of the General Laws, as so appearing, is hereby further amended by inserting after section 35A the following section:
"Section 35B. If a complaint is received by a district court, or by a justice, associate justice or special justice thereof, or by a clerk, assistant clerk, temporary clerk or temporary assistant clerk thereof under this chapter, from a private party, and the issuance of such complaint is denied, such private party shall be provided notice of such denial and be given the opportunity to be heard by the court regarding the denial. The justice or magistrate who denied the application shall be disqualified from presiding over any such hearing. The court, upon hearing and consideration of the evidence provided by the private party may grant the application for the issuance of a complaint."
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An Act protecting titles to real estate in Massachusetts
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S1043
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SD2318
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:25:43.927'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:25:43.9266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-13T20:41:38.5933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1043/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1043) of Paul W. Mark and Angelo J. Puppolo, Jr. for legislation to protect titles to real estate in Massachusetts. The Judiciary.
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SECTION 1. (a) This Act may be cited as the “real estate title protection act.”
(b) Where not explicitly specified, this Act shall be construed to apply to both registered and recorded land.
(c) Where a provision of this Act conflicts with any other provision of the General Laws or the deed indexing standards, this Act shall supersede that other provision or those standards.
SECTION 2. For the purposes of this Act, the following terms shall have the following meanings:
“Affidavit”, a document made on personal knowledge or that meets the requirements of the business records exception to the rule against hearsay, Rule 803(6), Federal and Massachusetts Rules of Evidence, “Records of a Regularly Conducted Activity.” It shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. If it relies on the business records exception, the affidavit shall have attached to it sworn or certified copies of all documents or relevant excerpts thereof to which the affidavit refers. Each such excerpt must be in the form of a true and accurate photocopy of the entirety of the page or pages from which such an excerpt is taken, and must include complete and accurate photocopies of the document’s title page and table of contents, if applicable. Each complete page from which any such excerpt or part thereof is taken shall bear already-existing indicia evidencing that said page is from the document whose title page and table of contents, if applicable, are appended, or else shall bear already-existing indicia evidencing the source of each such page.
“Assignment of mortgage”, an instrument by which a mortgagee or holder of a mortgage of real property conveys such a mortgage deed to an assignee pursuant to the Statute of Frauds, section 1 of chapter 259 of the General Laws; section 6 of chapter 183; and other provisions of the General Laws applicable to a transfer of interest in real property.
“Authorized person”, a person authorized to act on behalf of another person as of the date of execution of an instrument that can affect title to real property, signed by the person on whose behalf the person authorized thereby is acting.
“Deed indexing standards”, standards for indexing documents to be recorded in the registries of deeds, as issued by the Massachusetts Registers and Assistant Registers of Deeds Association and revised from time to time.
“Discharge”, a duly executed and acknowledged deed of release of a mortgage of real property or other instrument that, by its terms, discharges or releases such a mortgage, or acknowledges payment or satisfaction of the debt or obligation secured by such a mortgage or the conditions contained therein; or the discharge of such a mortgage by operation of law pursuant to the General Laws, including section 33 of Chapter 260.
“Lender”, the entity(ies) who provided the funds for the mortgage directly, loan through a line of credit, or by any other means, except if the person is Federal National Mortgage Association, Federal Home Loan Mortgage Corp. or Gevernment National Mortgage Association.
“Mortgage” or “Mortgage Deed”, a conveyance, to a lender, of legal title to real property, in consideration of a loan whose repayment is secured by the terms and conditions of a security instrument.
“Mortgagee” or “mortgage holder”, a person who has invested funds or other consideration to hold legal title to real property upon which a mortgage is granted, and who is named as such in the mortgage or any assignment thereof.
“Mortgagee of Record”, a “mortgagee” or “mortgage holder” so identified in an instrument that thereafter was recorded.
“Mortgage servicer” or “servicer", the person legally authorized by the mortgagee and in compliance with all applicable law for servicing the mortgage loan.
“Mortgage servicing” or “servicing”, the receiving of any scheduled periodic payments from a mortgagor pursuant to the terms of any mortgage loan, the making of the payments of principal and interest and such other payments with respect to the amounts received from the mortgagor as may be required pursuant to the terms of such loan, and the provision of a written payoff statement with respect to the mortgage loan pursuant to section 54D of chapter 184.
“Mortgage statement”, a periodic statement that a mortgagee of residential real property or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage payment then due; the loan balance; the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
“Mortgagor”, a grantor of a mortgage originated in compliance with existing regulatory interpretation.
“Mortgage Note”, a promissory note, bearing the original signature of the mortgagor, promising to pay the lender, or any successor who is entitled to enforce the mortgage note, and specifying the requirements for the repayment of the debt including the amount, interest and charges.
“Note Owner”, the lender or a transferee of the note, who is entitled to receive payments under and to enforce the note.
“Register”, the register of deeds for the county or district within which the subject land lies.
“Residential real property”, a 1 to 6 family residential property located in the commonwealth.
SECTION 3. Attorney General to notify registers of deeds of legal developments
Chapter 12 of General Laws is hereby amended by adding the following section:-
Section 34. At the end of each session of the general court, and whenever otherwise appropriate, the Attorney General shall promptly notify the registers of statutes, regulations, and decisions of courts that may affect their responsibilities or operations.
SECTION 4A. Recordation of assignments of mortgage, affidavits of sale, foreclosure deeds
Section 12A of chapter 36 of General Laws is hereby amended by adding the following ten subsections:-
(a) A register shall not record any instrument, executed after the effective date of this act, unless its heading (i) is in 12 point (pica) or larger bolded font, (ii) indicates the type of instrument, and (iii) briefly indicates the instrument’s purpose or contents.
(b) A register shall not record any assignment of mortgage that is presented later than thirty (30) days after its date of execution, unless the said assignment of mortgage is recorded with an affidavit showing good cause for filing late, or with a certified copy of an order of a court finding that recordation after this thirty (30) day limit is warranted in the interests of justice.
(c) A register shall not record an assignment of mortgage executed before the effective date of this Act, but not recorded as of that date, unless presented to the appropriate registry of deeds within ninety (90) days of this Act’s effective date, except that the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S. Department of Agriculture may present such assignments of mortgage for recording up to one hundred eighty (180) days from the effective date of this Act.
(d) Where an assignment of a mortgage or other instrument of conveyance is to a securitized trust or other investment vehicle, a certified copy of that trust or other investment vehicle’s founding instrument must be:
Recorded with the assignment of mortgage, or other instrument of conveyance
identified on the assignment by book and page or document number in the subject registry
identified on the assignment as being available in a particular location elsewhere in the public record.
(e) A register shall not record a discharge of a mortgage of real property unless it is:
(i) issued by the mortgagee and identifies the present note owner, and
(ii) recorded, with a certified copy of the original wet-ink mortgage note in its present condition, demonstrating that all allonges are affixed, and marked “paid in full,” with the date of satisfaction of the mortgage loan.
(f) A register shall record an affidavit of sale pursuant to section 14 of chapter 244, only if it is recorded with (i) a certified copy of the notice to mortgagor of right to cure default of mortgage pursuant to section 35A of chapter 244, and (ii) a certified copy of the original wet-ink mortgage note in its present condition, demonstrating that all allonges are affixed.
(g) A register shall not record a foreclosure deed if it is presented more than sixty (60) days after the date of foreclosure, unless it is recorded with an affidavit on personal knowledge showing good cause for filing late, or by a certified copy of an order of a court finding that recordation after this sixty (60) day limit is warranted in the interests of justice.
(h) A register shall not record any foreclosure deed relative to a foreclosure occurring before the effective date of this Act, unless it is presented for recording to the appropriate registry of deeds within ninety (90) days of this Act’s effective date.
(i) The Division of Banks shall promptly inform all persons licensed in the commonwealth to lend funds upon mortgages, as well as the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S. Department of Agriculture, of the provisions of this Act.
SECTION 4B: Conformance of Notary provisions with Alienation of Land provisions:
Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this section shall not affect the validity of any instrument or the record thereof” and replacing it with “Failure to comply with this section shall not affect the validity of any instrument”.
Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out subsection (b) in its entirety and replacing it with
“(b) Except as may be required by the Office of the Secretary of the Commonwealth for the issuance of an apostille, or as may be required by a register of deeds for the purpose of recordation or registration, and provided the form of acknowledgement, jurat, signature witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183:
(i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document;
(ii) failure of a document to contain the forms of acknowledgement, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, or acceptance by a third party; and
(iii) failure of a document executed in a representative capacity to contain an acknowledgement that the instrument was also the voluntary or free act and deed of the principal or guarantor shall not affect the validity of the underlying document.”
Conformance of Notary provisions with Alienation of Land provisions:
Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this section shall not affect the validity of any instrument or the record thereof” and replacing it with “Failure to comply with this section shall not affect the validity of any instrument”.
Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out subsection (b) in its entirety and replacing it with
“(b) Except as may be required by the Office of the Secretary of the Commonwealth for the issuance of an apostille, or as may be required by a register of deeds for the purpose of recordation or registration, and provided the form of acknowledgement, jurat, signature witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183:
(i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document;
(ii) failure of a document to contain the forms of acknowledgement, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, or acceptance by a third party; and
(iii) failure of a document executed in a representative capacity to contain an acknowledgement that the instrument was also the voluntary or free act and deed of the principal or guarantor shall not affect the validity of the underlying document.”
SECTION 5. Homeowners’ mortgage statements
Chapter 183 of General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 54D the following section:-
“Mortgage statement”, a periodic statement that a mortgagee of residential real property or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage payment then due; the loan balance; the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
Section 54E. (a) Each mortgage statement concerning a mortgage of residential real property shall provide the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
(b) Each such mortgage statement shall identify the mortgage servicer, if any, as “the company that you pay,” or shall use other languages sufficient to indicate the function(s) that a mortgage servicer performs.
(c) All information on each such mortgage statement shall be accurate and current as of the date on which the statement is transmitted.
(d) Failure to comply with this section shall be an unfair or deceptive practice under section two of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection four of section nine of said chapter 93A.
(e) The amount of $2,500 for each violation of subsection (d) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 6. Payoff of mortgage loan: return canceled note to the mortgagor
Section 55 of chapter 183 of General Laws is hereby amended by adding at the end thereof the following three subsections:-
(l) When the mortgage loan has been paid in full, the note owner shall, within twenty (20) days of such payment, cause to be sent to the mortgagor the original wet-ink note in its present condition with all allonges affixed, and marked “Paid in Full,” with the date of satisfaction of the mortgage loan.
(m) Failure to comply with this section shall be an unfair or deceptive practice under section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection (4) of section 9 of said chapter 93A.
(n) The amount of $2,500 for each violation of subsection (m) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 7. Repeal of foreclosure by entry and possession.
Section 70 of chapter 185 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the words “; but in case of foreclosure by entry and possession, the certificate of entry required by section 2 of chapter 244 shall be filed and registered by an assistant recorder in lieu of recording.” and by striking out the words “After possession has been obtained by the mortgagee or his assigns, by entry or by action, and has continued for the time required by law to complete the foreclosure, he or his assigns may request the land court for the entry of a new certificate, and the court, after notice to all parties in interest, shall have jurisdiction to hear the case, and may order the entry of a new certificate on such terms as equity and justice may require.”
The provisions of Section 1 of chapter 244 of the General Laws, as so appearing, are hereby declared in effect until the date of the enactment of this Act.
“Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by an open and peaceable entry thereon, if not opposed by the mortgagor or other person claiming it, or by action under this chapter; and possession so obtained, if continued peaceably for three years from the date of recording of the memorandum or certificate as provided in section two, shall forever foreclose the right of redemption.
After the date of the enactment of this Act, the following shall be in effect:
“Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by action under this chapter.”
Said chapter 244 of General Laws is hereby further amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Possession obtained by means of any entry under previous section 1 of Chapter 244, or under section 70 of chapter 185, as to which a memorandum or certificate was recorded fewer than three years before the effective date of this act, shall never foreclose the right of redemption.
Section 8 of said chapter 244, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- “The action may be brought by an assignee of the mortgagee”
Sections 9 and 10 of chapter 244 are hereby repealed.
SECTION 8. Notice to the municipality by mortgagee taking possession, conveying title
Section 15A of said Chapter 244 is hereby amended by making existing text into subsection 15A(a) and adding the following four paragraphs:-
(b) The assessor or collector of taxes shall accept such notice only if accompanied by (i) a certification, on personal knowledge and under the pains and penalties of perjury, that the mortgagee has caused to be made all other notifications required by this section and (ii) a fine of $100 per day for each day beyond the day by which the mortgagee was required to have made such notice to the municipality.
(c) The assessor or collector of taxes shall retain one-half of each such fine for the municipality. He or she shall promptly forward one-half of each such fine as revenue to the treasurer of the county, if the municipality is located in a county, or if not, to the treasurer of the commonwealth, as revenue for deposit in the general fund.
(d) If a mortgagee has taken possession of a property on or before the effective date of this act, but has not made the notifications required by section 15A of chapter 244, this fine shall become applicable as of thirty (30) days after the effective date of this act.
(e) The Commissioner of the Department of Revenue of the commonwealth shall promptly notify all municipalities in the commonwealth of the provisions of Section 12.
SECTION 9. Repeal legislative determination of weight of evidence
Section 35B (f) and section 35C (b) of said chapter 244, as so appearing, are hereby amended by striking out the word “conclusive” where it appears in the second paragraph of section 35B (f), between “this section shall be” and “evidence in favor of”, and in the second paragraph of Section 35C(b), where it appears between “this subsection shall be” and “evidence in favor of….”
SECTION 10. Creditor actions; mortgagee’s affidavit; assignments of mortgage; service members’ civil relief act proceedings
Said section 35C of said chapter 244, as so appearing, is hereby further amended in subsection (a), by striking out the words “Mortgage Electronic Registration System or”; and in subsection (b), by striking out the words “Prior to publishing a notice of a foreclosure sale, as required by section 14” and replacing them with “Prior to instituting a proceeding in land court or superior court pursuant to the service members’ civil relief act and again prior to publishing a notice of foreclosure sale as required by section 14 ,”
Said section 35C of said chapter 244, as so appearing, is hereby further amended by adding the following four subsections:-
(i) For each certified copy of a document appended to the affidavit required in subsection (b), the affidavit shall provide the name and contact information of the document custodian of the original document, or shall identify the document by book and page or document number as recorded in the registry of deeds for the county or district in which the land lies.
(j) Land court and superior court shall proceed with have jurisdiction in a service members’ civil relief case only (1) upon the filing of a mortgagee’s affidavit as required in subsection (b); (2) if all assignments of mortgage cited in and appended to that affidavit, whether original or certified copies, have been duly recorded in the registry of deeds for the county or district within which the land lies; and (3), where the note owner is different from the mortgagee, the mortgagee has filed a certified copy of the agency agreement or other instrument authorizing the mortgagee to institute that proceeding.
(k) Failure to comply with this section shall be an unfair or deceptive practice under section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection (4) of section 9 of said chapter 93A.
(l) The amount of $2,500 for each violation of subsection (e) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section 1 of the Internal Revenue Code.
SECTION 11. False material statements or omissions during or in connection with mortgage loan process; penalties; statute of limitations; Attorney General reports
Section 35A of chapter 266 of General Laws is hereby amended, in subsection (a) by deleting “4” in the definition of “Residential mortgage loan” and substituting “6”; and, in both its title and in subsection (b), by deleting the word “lending” wherever it appears and substituting the word “loan”; and is further amended in subsection (b), after “both such fine and imprisonment”, by inserting the following new paragraph:-
Where a document including such a material statement that is false or such a material omission is used in connection with a foreclosure or attempted foreclosure, or a larceny or attempted larceny of real property whether such document is filed in a court, recorded in a registry of deeds, or otherwise uttered, punishment may include restitution to the victim(s), including the preparation and recordation at no expense to the victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition from doing business in the commonwealth for any term of years or permanently; or both.
Said section 35A of said chapter 266, as so appearing, is hereby further amended by inserting, after subsection (b), the following seven new subsections:
(c) Whoever executes or causes to be executed, or files or causes to be filed with any court, or presents or causes to be presented to a registry of deeds for recording or registration, whether in hard copy or by means of electronic transmission, or otherwise utters any instrument that affects title to real property, whether residential or commercial, knowing that it is fraudulent or false in any material respect including by omission, by a false or fraudulent declaration, by a false or fraudulent signature, or by a false or fraudulent notarization, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not more than $50,000 in the case of a natural person or not more than $250,000 in the case of any other person, or by both fine and imprisonment. Where such a document is used in connection with a foreclosure or attempted foreclosure, or a larceny or attempted larceny of real property, punishment may include restitution to the victim(s), including the preparation and recordation at no expense to the victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition from doing business in the commonwealth for any term of years or permanently; or both.
(d) The statute of limitations for a violation of subsection (c) of this section shall be ten (10) years from the date of execution of the document in question, the date of its presentation to a registry of deeds for recording, its date of recordation, or the date on which it was filed with or proferred in evidence in any court or otherwise uttered, whichever comes last.
(e) The provisions of subsections (c) and (d) of said section 35A of said chapter 266, as so appearing, shall be reproduced in 12-point (pica) bolded font, with a heading, “Criminal Liability for False or Fraudulent Documents,” in least 16-point bolded font, and shall be displayed prominently in the public area of each registry of deeds. These provisions shall also be reproduced legibly, with a legible heading in bolded font, on the website of each registry of deeds, and, as a condition of doing business in the commonwealth, on the website of any firm that offers e-recording services in the commonwealth.
(f) The Secretary of the Commonwealth shall promptly notify all firms that offer e-recording services in the commonwealth of the provisions of subsections (a), (b), (c), (d) and (e).
(g) The Attorney General shall make available to all registers, to land court, superior court, members of the Massachusetts bar, and on the Attorney General’s website, referral forms for reporting violations of section 35A , of section 30 of chapter 2606 of the General Laws, and of any other violations of the General Laws that concern title to real property, together with instructions for completing and submitting such forms to the Attorney General’s office.
(h) The Attorney General may refer such cases for investigation and prosecution to the district attorney for the county or district in which a case arises.
(i) The Attorney General shall report to the legislature annually, within thirty (30) days of the end of each fiscal year, on (1) the number of referrals received during the preceding fiscal year for violations identified in (g) and the violations alleged; (2) the number and types of cases in which civil enforcement actions or criminal charges have been brought, whether by the Attorney General’s office or by a district attorney; and (3) the status and disposition of each such case, including sentences of restitution to victim(s) of foreclosure and attempted foreclosure and larceny and attempted larceny of real property and of prohibition from doing business in the Commonwealth.
(j) The maximum amounts of all fines for violations of section 35A shall be adjusted annually on January 1 in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 12: Chapter 266 Section 30 subsection 5 is amended by striking out ”,60 years of age or older, or of a person with a disability as defined in section 13K of chapter 265,”
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An Act prohibiting injurious operations or offering services or products that discriminate against or injure protected classes
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S1044
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SD2367
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T12:22:49.023'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T12:22:49.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1044/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1044) of Paul W. Mark for legislation to prohibit injurious operations or offering services or products that discriminate against or injure protected classes. The Judiciary.
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SECTION 1. The first sentence of the second paragraph of section 92A of chapter 272 is hereby amended by inserting after word “place”, the following words:- or business,
SECTION 2. The first sentence of the second paragraph of section 92A of chapter 272 is hereby amended by inserting after words “patronage of”, the following words:- or offers products or services to.
SECTION 3. Chapter 272 Section 98 of the General Laws is hereby amended to read as follows:
Whoever makes any distinction, discrimination or restriction on account of 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, deafness, blindness or any physical or mental disability or ancestry relative to the admission of or whose operations, products or services result in a discriminatory or physically injurious effect on any protected person to, or his treatment by or in any place of public accommodation, resort or amusement, as defined in section ninety-two A, or whoever aids or incites such distinction, discrimination, treatment, physically injurious effect or restriction, whether or not the aggrieved protected party seeks access to the patronage, products or services offered by the place of accommodation, resort or amusement, shall be punished by a fine of not more than twenty-five hundred dollars or by imprisonment for not more than one year, or both, and shall be liable to any person aggrieved thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges and the right to not be physically injured by the operations, products or services of any place of public accommodation, resort or amusement whether or not the aggrieved protected party seeks access to the patronage, products or services offered by the place of accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable to all persons. This right is recognized and declared to be a civil right.
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An Act to reduce mass incarceration
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S1045
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SD752
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T11:00:41'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T11:00:41'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-13T11:54:16.74'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T15:13:36.0866667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-21T15:11:44.1533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-02T10:06:44.0333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-27T11:42:32.7666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-18T09:01:01.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1045/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1045) of Liz Miranda, Adam Gomez, Patricia D. Jehlen, Joanne M. Comerford and others for legislation to reduce mass incarceration. The Judiciary.
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SECTION 1. Section 133A of chapter 127 of the General Laws as it appears in the 2020 Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution, Bridgewater, except prisoners serving a life sentence for murder in the first degree who had attained the age of 18 years at the time of the murder and except prisoners serving more than 1 life sentence arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction,”; and by inserting in the first paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter 279.” the following sentence:- Provided, however, that in the case of a prisoner serving more than 1 life sentence arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, such prisoner shall be eligible for parole 25 years after the start of the second or most recent sentence.
SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in the 2020 Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “except prisoners serving a life sentence for murder in the first degree who had attained the age of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts Correctional Institution, Bridgewater.”
SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears in the 2020 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it appears in the 2020 Official Edition, by inserting in the fourth line, after the words “term of years” :- but no more than 25 years, as.
SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014 Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15 years; and by striking out the second paragraph in its entirety and inserting in place thereof the following paragraph:-
In the case of a sentence to life imprisonment for murder in the first degree, the court shall fix a minimum term of 25 years; provided, however, that in the case of a person who committed the murder on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 15 years nor more than 20 years, after consideration of relevant mitigating and exacerbating circumstances; and provided, however, that in the case of a person sentenced to life imprisonment for murder in the first degree adjudicated solely by a verdict of felony murder or joint venture and where the offender is not the actual killer, committed on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 10 years nor more than 12 years.
SECTION 6. Notwithstanding any other provision of law, section 24 of chapter 279 of the General Laws as it appears in the 2014 Official Edition shall apply to any person found guilty of murder pursuant to subsections (a), (b) or (c) of section 2 of chapter 265 prior to or after the effective date of this act.
SECTION 7. Subsection (b) of section 25 of chapter 279 of the General Laws as it appears in the 2020 Official Edition is hereby amended by inserting in the first paragraph after the words “for good conduct”, the following phrase:- provided, however, that in the case of a person so serving a life sentence, parole eligibility will commence after serving 25 years of said sentence. And by inserting after the last paragraph of subsection (b) of section 25 the following sentence:- Notwithstanding any other provision of law, section 25(b) shall apply to any person convicted as a habitual offender pursuant to subsection (a) or (b) of section 25 of chapter 279 prior to or after the effective date of this act.
SECTION 8. Notwithstanding any other provision of the law, except as provided by SECTION 1 of this act, no person shall be imprisoned for more than 25 years without a parole hearing at 25 years.
SECTION 9. The Department of Corrections shall establish a Restorative Justice program within its prisons that is available to anyone sentenced to more than 25 years in prison in order to develop a plan of reconciliation.
(a) The Restorative Justice program will allow the interaction between the prisoner and victims, family of the victims, the parties to a crime, and community members within the prison with the goal to identify and address harms and needs and obligations resulting from an offense in order to understand and reconcile the impact of that offense.
(b) Participation in a prison-based restorative justice program shall be voluntary for offenders, victims, and surviving family and community members affected by the crime.
(c) Participation in a prison-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Any statement made by an incarcerated person during the course of an assignment within a prison-based restorative justice program shall be confidential and shall not be subject to disclosure in any judicial or administrative proceeding and no information obtained during the course of such assignment shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding; provided, however, that nothing in this section shall preclude any evidence obtained through an independent source or that is inevitably discovered by lawful means from being admitted at such proceeding.
(d) The Department of Corrections shall annually, not later than December 31, submit a report to the clerks of the House of Representatives and of the Senate, and the House and Senate chairs of the Joint Committee on the Judiciary and of Public Safety and Homeland Security regarding the implementation and operation of the program, the number of prisoners to which it is available, the number of prisoners that have participated, and any recommendations for change to the program.
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An Act to prevent human trafficking and improve the health and safety of sex workers
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S1046
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SD1623
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:17:18.16'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:17:18.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-08T13:43:00.0333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T11:08:14.9333333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-04-27T11:41:58.0766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-27T10:57:39.44'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1046) of Liz Miranda, Joanne M. Comerford and Jack Patrick Lewis for legislation to prevent human trafficking and improve the health and safety of sex workers. The Judiciary.
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SECTION 1. Section 7 of chapter 4, as appearing in the 2018 Official Edition, is hereby amended by inserting after the sixty-first definition the following definitions:-
Sixty-second, "Commercial sex" shall mean a sexual act or contact with another person in return for giving or receiving anything of value.
Sixty-third, "Sex worker" shall mean a person who provides a sexual act or contact with another person in return for receiving anything of value.
SECTION 2. Chapter 272 of the General Laws is hereby amended by adding after section 53A the following section, which shall be titled “Human Trafficking Prevention and Sex Worker Project”:-
Section 53B. The Department of Public Health shall create a Human Trafficking Prevention and Sex Worker Project. The Project shall develop and implement a strategic plan to prevent, reduce, prevent, and eliminate human trafficking; provided further, said strategic plan shall include ways to support the health, safety, and autonomy of sex workers. The goal shall be to reduce the economic, legal, and social vulnerability of people who experience human trafficking and/or engage in criminalized sex work. The strategic plan shall identify and collaborate with groups of people that are vulnerable to human trafficking, or likely to engage in sex work, including, but not limited to, sex workers, people who use drugs, undocumented people, people who identify as LGBTQ+, formerly incarcerated people, and people who are unhoused.
The Department shall identify resources, and initiate referrals, for free or low-cost (i) housing, (ii) healthcare including reproductive healthcare, (iii) childcare, (iv) legal aid, (v) harm reduction for substance use, (vi) safer sex resources, and (vii) educational and training opportunities. The Department shall identify, provide contact information for, and make referrals to community organizations that provide support to the above listed populations, among others.
Provided further, said strategic plan shall include the development of a system, directly or indirectly, to distribute cash aid to populations vulnerable to human trafficking, particularly people who engage in sex work. Provided further, the strategic plan shall create a publicly available system for individuals to submit an incident report related to human trafficking or abuse experienced during the course of sex work. The strategic plan, resources, incident reporting system, and application for cash aid shall be listed on the Department’s publicly available website. The strategic plan should be created in collaboration with individuals who have engaged in commercial sex, individuals who have experiences with trafficking in the sex trade, and organizations that advocate for those individuals, among others. An initial iteration of the strategic plan should be made publicly available no later than November 30, 2023.
SECTION 3. Section 53 of chapter 272 of the General Laws is hereby amended by striking out subsection (a) as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:-
(a) Whoever commits offensive and disorderly acts or language, accosts or annoys another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.
SECTION 19. Chapter 272 of the General Laws is hereby amended by adding after section 53B the following section, which shall be titled “Interagency committee to study decriminalizing sex work”:-
Section 53C. (a) There shall be an interagency committee to be convened by the Executive Office of Health and Human Services within 90 days from the date of the enactment of this provision to study decriminalizing sex work. The committee shall consist of: (i) the secretary of the Executive Office of Health and Human Services or the secretary’s designee; (ii) a representative of the Department of Public Health; (iii) a representative of the Executive Office of Labor and Workforce Development; (iv) a representative of the Department of Housing and Community Development; (v) a representative of the Department of Children and Families; (vii) a representative from an organization focused on advocacy for sex workers; (viii) a representative from an organization focused incarcerated and formerly incarcerated LGBTQ+ people; (xiv) a representative from an organization focused on advocating for transgender people; (xv) a representative from an organization focused on advocating for racial justice; (ix) a representative from an organization representing survivors of human trafficking in the commercial sex sector; (x) representative from the Boston Area Rape Crisis Center; (xi) a representative from the American Civil Liberties Union of Massachusetts; (xii) a representative from an organization focused on harm reduction related to substance use;(xiii) a representative from an organization focused on advocating for legal defense and bonds for undocumented people; (xiv) a representative from the Committee for Public Counsel Services; and (xv) at least three current or former sex workers. The members of the committee shall be appointed by the secretary of the Executive Office of Health and Human Services or the secretary’s designee unless otherwise stated. Two co-chairs shall be appointed by majority vote of commission members. Adequate compensation for services shall be determined by a schedule of fees adopted by the committee.
The committee shall be responsible for studying and making recommendations towards the following: (i) what criminal penalties and collateral consequences exist related to the criminalization of sex work, (ii) what labor protections need to be in place under decriminalization, (iii) what services need to be made available to people engaged in commercial sex to improve health and safety outcomes, (iv) identify the methods of human trafficking and exploitation in order to develop strategies to reduce these activities in collaboration with sex workers, with a focus on prevention, and (v) implementation models for alternatives to policing to promote safety in the commercial sex sector, rooted in public health.
SECTION 20. Section 100K of chapter 276 of the General Laws is hereby amended by striking out subsection (c), as so appearing, and inserting in place thereof the following subsections:-
(c) The court must order an expungement pursuant to this section of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions for charges of common street walking, under Section 53(a) of chapter 272 as appearing in the 2018 Official Edition, and a third conviction of being a common nightwalker, under Section 62 of chapter 272 as appearing in the 2018 Official Edition.
(d) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.
SECTION 21. Section 62 of Chapter 272 of the General Laws is hereby repealed.
SECTION 22 . Chapter 94C is hereby amended by inserting after section 34A the following section:- Section 34B: Any person who, in good faith, reports a crime shall not be charged or prosecuted for (i) possession of a controlled substance under section 34, (ii) sex for fee under chapter 272 section 53A subsections (a) or (b), (iii) loitering under chapter 161 section 95, (iv) trespassing under chapter 266 section 120, (v) soliciting under chapter 272 section 8, or (vi) conspiracy to commit any of the aforementioned offenses under chapter 94C section 40, or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the above enumerated offenses was gained as a result of reporting a crime.
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An Act establishing medical civil rights
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S1047
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SD1632
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:21:47.077'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:21:47.0766667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-02T10:04:55.9'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-02T10:04:55.9'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-08T16:29:35.5266667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-23T16:12:35.96'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1047) of Liz Miranda, Adam Gomez and Jason M. Lewis for legislation to establish medical civil rights. The Judiciary.
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SECTION 1. Chapter 276 is hereby amended by adding the following new section:-
Section 33 ½.
(a) Definitions:
1. “Emergency medical condition” a medical condition, whether physical, behavioral, related to a substance use disorder or mental, manifesting itself by symptoms of sufficient severity, including but not limited to severe pain, that the absence of prompt medical attention could reasonably be expected by a prudent layperson who possesses an average knowledge of health and medicine to result in placing the health of the person or another person in serious jeopardy, serious impairment to body function or serious dysfunction of any body organ or part or, with respect to a pregnant woman.
2. “Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department.
3. “Law enforcement officer” or “officer”, any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.
4. “Medically unstable,” any condition, whether physical, behavioral, or related to substance use or mental health disorders, that manifests in an unstable medical or mental health status, which could reasonably be understood by a layperson to lead to an emergency medical condition.
(b) Any person who experiences an emergency medical condition or is medically unstable while in contact with, under the custody or control of a law enforcement officer, shall have the right to be provided with emergency medical services.
(c) Law enforcement officers shall immediately request emergency medical services for any person with whom they are in contact or have under their custody or control, who has communicated that they are experiencing an emergency medical condition or are medically unstable; or who reasonably appear to a law enforcement officer to be experiencing an emergency medical condition or are deteriorating such that they are medically unstable.
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An Act relative to summary process and rental assistance
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S1048
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SD1883
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T09:56:40.79'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T09:56:40.79'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-08T09:08:49.6366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-27T15:22:23.56'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-27T15:22:23.56'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:10.4033333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1048) of Liz Miranda and Joanne M. Comerford for legislation relative to summary process and rental assistance. The Judiciary.
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SECTION 1. Chapter 239 of the General Laws is hereby amended by adding, after section 14, the following new section:-
Section 15. Two-tier process; pending rental assistance
(a) All summary process cases shall be handled in a two-tier process. (i) First tier. This event will be for the parties to determine the status of the case, explore the availability of resources, attempt mediation or other opportunity to reach a resolution to the case, and identify next steps in preparing the case for trial. No default or dismissal may enter if a party does not appear at the first tier event. (ii) Second tier. For cases which are not resolved, the Clerk’s Office shall send a written notice to the parties of the trial date.
(b) In a summary process action for nonpayment of rent, (i) a court having jurisdiction over summary process actions shall grant a continuance if there is a pending application for rental assistance; (ii) no judgment may enter, nor may any execution issue, in a summary process action for nonpayment of rent if there is a pending application for rental assistance; (iii) the court shall not issue a stay of execution on a judgment for possession if there is a pending application for rental assistance.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Provide housing stability by preventing unnecessary evictions that may be avoided through mutual resolution, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and health.
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An Act relative to diversion for primary caretakers
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S1049
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SD1960
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T10:30:07.407'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T10:30:07.4066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T15:16:55.0266667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T10:22:15.32'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T14:24:01.7'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-15T13:23:05.92'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1049) of Liz Miranda, Jason M. Lewis, Patricia D. Jehlen and Lindsay N. Sabadosa for legislation relative to diversion for primary caretakers. The Judiciary.
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SECTION 1. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby amended by striking subsection a and inserting in place thereof
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Dependent child,” a person under 18 years of age
“Primary caretaker of a dependent child,” (1) a parent with whom a child has a primary residence, and/or (2) a parent who presently provides care or financial support for that minor child either alone or with the assistance of the child’s household members, where the caretaker’s absence in the child’s life would be detrimental to the child
“Primary caretaker of an aging or sick immediate family member,” a person who shares a residence and provides care or financial support to an immediate family who is elderly or who has a debilitating illness or condition
SECTION 2. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby amended by renumbering subsection b to become subsection c;
SECTION 3. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby amended by inserting the following subsection as the new subsection b after subsection a and before the renumbered subsection c:
(b) A defendant who is pregnant, the primary caretaker of a dependent child, or the primary caretaker of an aging or sick immediate family member may file a motion with the court for pretrial diversion, wherein criminal proceedings are suspended without a plea of guilty for a period of not less than 3 months and not more than 24 months. The motion shall include the defendant’s plan for the diversion period, which may include programs, services, restorative justice activities, employment, and/or community service. Upon receipt of such a motion, the court shall make written findings 1) concerning the defendant’s status as a primary caretaker and 2) whether the conditions of diversion are feasible and will contribute to the well-being of the defendant and their community. If such a motion has been filed, the court shall not proceed with pre-trial hearings without first making such written findings.
i) As parental separation due to incarceration is an adverse childhood experience and the continued presence of the primary caretaker is in the best interest of the child, a primary caretaker’s diversion plan will be presumed to be feasible and beneficial to the child and community unless the Commonwealth can show a public safety concern by clear and convincing evidence;
ii) No consent by the defendant to the stay of proceedings or any act done or statement made in fulfillment of the terms and conditions of such stay of proceedings shall be admissible as an admission, implied or otherwise, against the defendant, should the stay of proceedings be terminated and criminal proceedings resumed on the original charge or charges;
iii) If the defendant has performed satisfactorily in diversion, at the end of the period of diversion, the court shall enter a dismissal of the underlying case. A court may conclude that the defendant has performed satisfactorily if the defendant has substantially complied with the conditions of diversion and not willfully violated any other conditions set by the court;
iv) if the defendant does not perform satisfactorily in diversion, the court may extend the period of diversion and modify the conditions; or the court may reinstate criminal proceedings.
SECTION 4. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby amended by inserting in the renumbered subsection c after the words “the defendant’s status” the following words:- "as a pregnant person or” each time it appears in the subsection
SECTION 5. Section 6B of Chapter 279 of the general laws, as so appearing, is hereby amended by inserting in the renumbered subsection c after the words “primary caretaker of a dependent child” the following words:- “or the primary caretaker of an aging or sick immediate family member” each time it appears in the subsection.
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An Act relative to supporting families dealing with sudden unexplained death in pediatrics
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S105
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SD240
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:15:12.627'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:15:12.6266667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-23T09:35:29.4833333'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 105) of Joan B. Lovely for legislation relative to supporting families dealing with sudden unexplained death in pediatrics. Children, Families and Persons with Disabilities.
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Section 2A of chapter 38 of the General Laws is hereby amended by inserting the following paragraph:-
(h) In all cases of sudden unexpected death in pediatrics when autopsy is required by law, except in cases of (1) homicide, (2) suicide or (3) established cause, the office of the chief medical examiner shall, on behalf of the parents of the deceased, engage services including, but not limited to, genetic testing and ongoing bereavement support. The office of the chief medical examiner shall refer, as close to the time of incident as possible, but no longer than three days after receipt of the decedent, any undetermined death of a child three years of age or younger to the Massachusetts center for unexpected infant and child death at Boston Medical Center for counseling and grief support. These referrals shall include any suspected case of sudden infant death syndrome, sudden unexplained infant death, sudden unexpected death in childhood, sudden unexplained death in pediatrics or any sudden child death likely to remain unexplained by standard autopsy and investigation.
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An Act creating reparations for the descendants of American slavery and piloting universal basic income
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S1050
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SD2019
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T11:55:26.713'}
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[{'Id': None, 'Name': 'Colomba Sofia Klenner Valencia', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:55:26.7133333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-03T18:08:09.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1050/DocumentHistoryActions
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Bill
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By Ms. Miranda (by request), a petition (accompanied by bill, Senate, No. 1050) of Colomba Sofia Klenner Valencia for legislation to create reparations for the descendants of American slavery and piloting universal basic income. The Judiciary.
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SECTION 1. The Commonwealth of Massachusetts acknowledges and apologizes for its willful participation in the institution of slavery. Slavery was an official policy of the Massachusetts Bay Colony and the United States Government from 1619 through 1865 that constituted an immoral and inhumane deprivation of life, liberty, cultural heritage, and the fruits of their labor for nearly 4,000,000 Africans and tens of thousands of Indigenous people with on-going effects for their descendants and a legacy of persistent systemic structures of discrimination in the Commonwealth. Following abolition, governments at the Federal, State, and local level continued to perpetuate, condone and often profit from practices that continued to brutalize and disadvantage African Americans and Indigenous people, including share cropping, convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the hands of the criminal justice system. As a result of the historic and continued discrimination, African Americans and Indigenous people continue to suffer debilitating economic, educational, and health hardships including but not limited to having nearly 1,000,000 Black people incarcerated; an unemployment rate more than twice the current White unemployment rate; and an average of less than 1⁄16 of the wealth of White families, a disparity which has worsened, not improved over time. Direct financial reparations represent one critically necessary step of many that must be taken to correct the legacy of this institution.
SECTION 2. An excise tax is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 3 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. The term “specified applicable educational institution” means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is at least $1,500,000,000. For assets, the rules of section 4968(d) of the Internal Revenue Code shall apply.
SECTION 3. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Reparations for Descendants of American Slavery Fund. The Reparations for Descendants of American Slavery Fund, subject to appropriation, shall consist of all monies received on account of the commonwealth as a result of revenue generated by the excise tax imposed by section 1.
SECTION 4. There shall be a Reparations for Descendants of American Slavery Fund board consisting of individuals from and with experience advocating on behalf of descendants of American slavery. The board shall be comprised entirely of descendants of American slavery and shall consist of: 1 person appointed by the governor with a background in budgeting and administrative operations, who shall serve as chair; 2 persons appointed by the treasurer and receiver-general with a background in public finance; 2 person appointed by the attorney general with relevant experience; 1 person appointed by the senate president with relevant experience; and 1 person appointed by the speaker of the house of representatives with relevant experience. Board members shall serve 2-year terms; provided, however, that at the end of a term a board member may be reappointed once by their appointing authority; provided further, that any absence in a seat on the board shall be filled by the appropriate appointing authority within 60 days. The appointing authority may remove a board member who was appointed by that appointing authority for cause. Before removal, the board member shall be provided with a written statement of the reason for removal and an opportunity to be heard. The board shall promulgate regulations for the Reparations for Descendants of American Slavery Fund to distribute monthly and direct monetary reparations to the descendants of African and Indigenous slaves and other individuals at the discretion of the Descendants of American Slavery board, coordinate with state agencies to create practical processes to achieve this end with limited administrative overhead costs, and collecting data on these processes to inform efforts to create a universal basic income. Board members may, at the discretion of the secretary of housing and economic development, receive stipends in compensation for their time and service under section 4 of chapter 7. Board members may be employed by another business that does not conflict with the duties of their office.
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An Act restoring judicial discretion in controlled substance cases
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S1051
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SD2065
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T12:44:39.55'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T12:44:39.55'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1051/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1051) of Liz Miranda for legislation to restore judicial discretion in controlled substance cases. The Judiciary.
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Section 32 of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby amended as follows:
Paragraph (b) shall be stricken and replaced with the following: Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty–one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less than two thousand and five hundred nor more than twenty–five thousand dollars, or by both such fine and imprisonment.
Paragraph (c) and its subparagraphs shall be stricken.
Section 32E of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby amended as follows:
Paragraph (a) and its subparagraphs shall be stricken and replaced with the following: (a) Any person who trafficks in marijuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or more of marijuana or a net weight of fifty pounds or more of any mixture containing marijuana shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less than five hundred nor more than two hundred thousand dollars, or by both such fine and imprisonment.
Paragraph (b) and its subparagraphs shall be stricken and replaced with the following: (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a), clause (2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty–one by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of any mixture containing a controlled substance as so defined shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less two thousand five hundred dollars nor more than five-hundred thousand dollars, or by both such fine and imprisonment.
Paragraph (c) and its subparagraphs shall be stricken and replaced with the following: (c) Any person who trafficks in heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net weight of 18 grams or more of heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less two thousand five hundred dollars nor more than five-hundred thousand dollars, or by both such fine and imprisonment.
Paragraphs (c½), (c¾), and (d) and its subparagraphs shall be stricken.
Section 32H of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby stricken.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith make certain changes in laws relative to the administration of justice in the Commonwealth, to permit fair sentencing of non-violent drug offenders, to reduce the rate of incarceration in the Commonwealth occasioned, in large part, by minimum mandatory drug laws, to prevent the application of equally severe penalties for both the more and the less culpable offenders, and to eliminate the disproportionate impact minimum mandatory drug laws have on minority communities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to forfeiture reform
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S1052
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SD2388
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:32:47.427'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:32:47.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1052/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1052) of Liz Miranda for legislation relative to criminal forfeiture. The Judiciary.
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SECTION 1. Chapter 94C of the General Laws is hereby amended by striking section 47.
SECTION 2. Chapter 265 of the General Laws is hereby amended by striking section 56.
SECTION 3. Chapter 280 of the General Laws is hereby amended by inserting after section 16 the following new section:-
Section 17
(a) For the purposes of this section the following terms, shall, unless the context clearly indicates otherwise, have the following meanings:-
“Abandoned property”, personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned.
“Actual knowledge”, direct and clear awareness of information, a fact, or a condition.
“Contraband”, goods that are unlawful to import, export, or possess under the laws of the commonwealth. “Contraband” does not include marijuana grown, manufactured, bought, sold, or possessed lawfully under Massachusetts law.
“Constructive knowledge”, awareness of information, a fact, or a condition that a person is presumed to have, since such knowledge is obtainable by the exercise of reasonable care.
“Conveyance”, a device used for transportation and includes a motor vehicle, trailer, snowmobile, airplane, and vessel, and any equipment attached to it.
“Instrumentality”, property otherwise lawful to possess that is used in the furtherance or commission of an offense of a law subject to forfeiture. An “instrumentality” may include land, buildings, a container, a conveyance, equipment, materials, products, a tool, a computer, computer software, a telecommunications device, a firearm or ammunition.
“Law enforcement agency”, any non-federal police department, law enforcement council, or other entity with employees duly and properly authorized under the law of the commonwealth to engage in seizure and forfeiture.
“Law subject to forfeiture”, a law of the commonwealth that carries a felony penalty and that explicitly includes forfeiture as a punishment or sanction for the offense.
“Proceeds”, money, securities, negotiable instruments or other means of exchange obtained by the sale of property.
(b) (1) When a person is convicted of violating a law subject to forfeiture, the court, consistent with this section, may order the person to forfeit: (i) Proceeds the person derived from the commission of the crime; (ii) Property directly traceable to proceeds derived from the commission of the crime; and (iii) Instrumentalities the person used in the commission of the crime.
(2) An estate of homestead, a motor vehicle of less than $10,000 in market value, and U.S. currency totaling $200 or less are exempt from forfeiture.
(3) No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to state law. Contraband is not subject to forfeiture under this section.
(c) Property may be forfeited if:
(1) the offense is a violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F, 32G, 32I, 32J or 40 of chapter 94C, or section 50 or 51 of chapter 256;
(2) the offense is established by proof of a criminal conviction; and
(3) the commonwealth establishes that the property is forfeitable under this section by clear and convincing evidence.
Nothing herein prevents property from being forfeited by plea agreement approved by the presiding criminal court, but only if the property is shown by clear and convincing evidence to be otherwise subject to forfeiture.
The court may waive the conviction requirement if the commonwealth shows by clear and convincing evidence that the defendant:
(1) died;
(2) was deported by the U.S. government;
(3) is granted immunity in exchange for testifying or otherwise assisting a law enforcement investigation or prosecution; or
(4) without justification, failed to appear in court for a properly-noticed proceeding after being charged, arraigned, and released on bail or personal recognizance, and failed to remove the default within 90 days.
A waiver may be granted only if the property is shown by clear and convincing evidence to be otherwise subject to forfeiture. Notwithstanding a motion for a waiver, the property shall remain subject to claims by innocent owners, creditors and other third parties pursuant to this section.
(d) (1) A district attorney or the attorney general may petition the superior court in the name of the commonwealth, following a conviction, at which time a hearing may be held wherein the court may order the forfeiture of substitute property owned by the defendant up to the value of unreachable property that is beyond the court’s jurisdiction or cannot be located through due diligence, but only if the commonwealth proves by a preponderance of the evidence that the defendant intentionally transferred, sold, or deposited property with a third party to avoid the court’s jurisdiction.
(2) The commonwealth may not seek personal money judgments or other remedies not provided for in this section.
(e) A defendant is not jointly and severally liable for forfeiture awards owed by other defendants. When ownership is unclear, a court may order each defendant to forfeit property on a pro rata basis or by another means the court finds equitable.
(f) (1) At the request of the commonwealth at any time, a court may issue an ex parte preliminary order to attach, seize or secure personal property for which forfeiture is sought and to provide for its custody. Application, issuance, execution, and return are subject to the laws of the commonwealth and court rules.
(2) Personal property subject to forfeiture may be seized at any time without a court order if: (i) The seizure of personal property is incident to a lawful arrest or a search lawfully conducted; (ii) The personal property subject to seizure has been the subject of a prior judgment in favor of the commonwealth; or (iii) The commonwealth has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the personal property and that the personal property is forfeitable under this section.
(3) The mere presence or possession of U.S. or other currency, without other indicia, is insufficient probable cause for seizure.
(4) Seizure of real property requires a court order. A court may issue an order to seize or secure real property for which forfeiture is sought only after proper notice to property owners and an opportunity for a contested hearing to determine the sufficiency of probable cause for the seizure. Nothing in this section prohibits the prosecuting authority from seeking a lis pendens or restraining order to hinder the sale or destruction of the real property. Application, issuance, execution, and return of any order are subject to the laws and court rules of the commonwealth.
(5) When property is seized, the law enforcement officer shall give an itemized receipt to the person possessing the property; or in the absence of any person, leave a receipt in the place where the property was found, if reasonably possible.
(6) At the time of seizure or entry of a restraining order, the commonwealth acquires provisional title to the seized property. Provisional title authorizes the commonwealth to hold and protect the property. Title to the property vests with the commonwealth when the trier of fact renders a final forfeiture verdict and relates back to the time when the state acquired provisional title. However, this title is subject to claims by third parties adjudicated under this section.
(g) Following the seizure of property, a defendant or third party claimant has a right to a pretrial hearing to determine the validity of the seizure. Reasonable notice of the right to a pretrial hearing must be provided to claimants who may have a right to possession of property.
At any time before trial of the related criminal offense the claimant may claim the right to possession of property by motion to the court to issue a writ of replevin, which motion shall establish the validity of the alleged interest in the property.
The court shall issue a writ of replevin if it finds that: (1) it is likely the final judgment will be that the commonwealth must return the property to the claimant; (2) the property is not reasonably required to be held for investigatory reasons; or (3) the property is the only reasonable means for a defendant to pay for legal representation in the forfeiture or criminal proceeding. At the court’s discretion, it may order the return of funds or property sufficient to obtain legal counsel but less than the total amount seized, and require an accounting.
In lieu of ordering the issuance of the writ, the court may order the commonwealth to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in the action, or order other relief as may be just.
(h) The litigation related to the forfeiture of property shall be held in a single proceeding following the trial of the related alleged offense. The litigation of whether property of less than $10,000 in value shall be forfeited shall be held before only a judge.
Within 7 days of the seizure of property or simultaneously upon filing a related criminal indictment, the commonwealth shall file a forfeiture charge that shall include: (1) a description of the property seized; (2) the date and place of seizure of the property; (3) the name and address of the law enforcement agency making the seizure; (4) the specific statutory and factual grounds for the seizure; (5) whether the property was seized pursuant to an order of seizure, and if the property was seized without an order of seizure, an affidavit from a law enforcement officer stating the legal and factual grounds why an order of seizure was not required; and (6) the names of persons known to the commonwealth who may claim an interest in the property and the basis for each person's alleged interest.
The charging document shall be served upon the person from whom the property was seized, the person's attorney of record and all persons known or reasonably believed to claim an interest in the property.
(i) At any time following determination of forfeiture by the trier of fact, the defendant may petition the court to determine whether the forfeiture is unconstitutionally excessive under the Massachusetts or federal constitution. The defendant has the burden of establishing the forfeiture is grossly disproportional to the seriousness of the offense by a preponderance of the evidence at a hearing conducted by the court without a jury.
In determining whether the forfeiture of an instrumentality is unconstitutionally excessive, the court may consider all relevant factors, including, but not limited to: (a) the seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused by the defendant; (b) the extent to which the defendant participated in the offense; (c) the extent to which the property was used in committing the offense; (d) the sentence imposed for committing the crime subject to forfeiture; and (e) whether the offense was completed or attempted.
In determining the value of the instrumentality subject to forfeiture, the court may consider all relevant factors, including, but not limited to: (a) the fair market value of the property; (b) the value of the property to the defendant including hardship to the defendant if the forfeiture is realized; and (c) the hardship from the loss of a primary residence, motor vehicle or other property to the defendant’s family members or others if the property is forfeited. The court may not consider the value of the instrumentality to the commonwealth in determining whether the forfeiture of an instrumentality is constitutionally excessive.
(j) Property encumbered by a bona fide security interest is not subject to forfeiture. A person claiming a security interest must establish by a preponderance of the evidence the validity of the interest perfected under law, or a lease or rental agreement. The prosecuting authority shall summarily return property to the person with a bona fide security interest.
If the person alleges a valid security interest but the commonwealth seeks to proceed with the forfeiture against the property, the commonwealth shall prove by a preponderance of the evidence that the person had actual knowledge of the underlying crime giving rise to the forfeiture.
(k) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture, unless the commonwealth proves by a preponderance of the evidence that the owner or other person in charge of the conveyance had actual knowledge of the underlying crime giving rise to the forfeiture.
A conveyance is not subject to forfeiture if the underlying crime giving rise to the forfeiture was committed by a person other than the owner of the conveyance while the conveyance was stolen or taken in violation of the law.
(l) The property of an innocent owner may not be forfeited. A person who has an ownership interest in property subject to forfeiture existing at the time the illegal conduct giving rise to forfeiture occurred, or who acquired an ownership interest in property subject to forfeiture after the commission of a crime giving rise to forfeiture, and who claims to be an innocent owner bears the burden of proving by clear and convincing evidence that the person has a legal right, title, or interest in the property seized under this section.
If the commonwealth seeks to proceed with the forfeiture against the property, the commonwealth shall prove by clear and convincing evidence that the person had actual or constructive knowledge of the underlying crime giving rise to the forfeiture, or, in the case of a person who acquired an ownership interest in property subject to forfeiture after the commission of a crime giving rise to forfeiture, the commonwealth shall prove by clear and convincing evidence that at the time the person acquired the property the person: (a) had actual or constructive knowledge that the property was subject to forfeiture; or (b) was not a bona fide purchaser without notice of any defect in title and for valuable consideration.
If the commonwealth fails to meet its burden of proof, the court shall find that the person is an innocent owner and shall order the commonwealth to relinquish all claims of title to the property. The defendant or convicted offender may invoke the right against self-incrimination or the marital privilege during the forfeiture-related stage of the prosecution. The trier of fact at the hearing may not draw an adverse inference from the invocation of the right or privilege.
(m) (1) At any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order it be delivered to the state treasurer within 30 days, or, in the case of contraband, be destroyed within 30 days. If the forfeiture is granted, the court shall order the property be delivered to the treasurer within 30 days. All abandoned property shall be delivered to the treasurer within 30 days.
The treasurer shall dispose of all non-currency forfeited and abandoned property at public auction. The auction proceeds and forfeited currency shall first be used to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable non-personnel expenses, with all remaining funds to be deposited into the general fund.
Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable non-personnel expenses of the seizure, storage, and maintenance of custody of any forfeited items.
(2) Forfeited property received from another jurisdiction, including the federal government, shall be transferred to the treasurer, sold by the treasurer or designee, and deposited in the general fund. Proceeds from the sale of forfeited property received from another jurisdiction, including the federal government, must be transferred to the treasurer and deposited in the general fund.
If federal law prohibits compliance with this subsection, state and local law enforcement agencies shall be prohibited from seeking or accepting forfeited property or proceeds from the federal government.
(3) No law enforcement agency may retain forfeited or abandoned property for its own use or sell it directly or indirectly to any employee of the agency, to a person related to an employee by blood or marriage, or to another law enforcement agency.
(n) On an annual basis, each law enforcement agency shall report to the attorney general the following information about seizures and forfeitures completed by the agency under this section and federal forfeiture law: (1) the total number of seizures of currency; (2) the total number of seizures and the number of items in each class of property seized including vehicles, houses, and other types of property seized; (3) the market value of each class of property seized including currency, vehicles, houses, and other types of property seized; (4) the total number of occurrences of each class of crime underlying the forfeitures including controlled substances, driving while intoxicated, and other crimes; and (5) any additional information as directed by the attorney general.
The attorney general shall develop a uniform protocol for the annual submission of forfeiture data by law enforcement agencies. If a law enforcement agency fails to file a report within 30 days after it is due, the attorney general may compel compliance.
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An Act establishing a commission to study reparations in Massachusetts
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S1053
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SD2393
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:34:37.883'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:34:37.8833333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:41:33.52'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:41:33.52'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-13T11:51:40.05'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-02T10:05:50.32'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-08T16:29:26.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1053/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1053) of Liz Miranda, Lydia Edwards, Jason M. Lewis, Mindy Domb and others for legislation to establish a commission to study reparations in Massachusetts. The Judiciary.
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DEFINITIONS
(1) Whereas, Reparations are a form of “transitional justice and reparatory justice,” which by international law is defined by the United Nations as “Adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law.
(a) Reparation should be proportional to the gravity of the violations and the harm suffered. In accordance with its domestic laws and international legal obligations, a State shall provide reparation to victims for acts or omissions which can be attributed to the State and constitute gross violations of international human rights law or serious violations of international humanitarian law. In cases where a person, a legal person, or other entity is found liable for reparation to a victim, such party should provide reparation to the victim or compensate the State if the State has already provided reparation to the victim." and;
(2) Whereas, Reparations can take many forms, including: Restitution, which seeks to restore a victim to their original state of sovereignty before the violations occurred; Compensation, which is a financial award for harms; Rehabilitation, which seeks to provide care and services for victims beyond monetary payment; Satisfaction, which includes symbolic reparations such as public apologies and verifying facts; and Guarantee of non-repetition, which assures that this kind of harm shall never be repeated, and;
(3) Whereas, more than 4,000,000 African Americans/US Freedman and their descendants were enslaved in the United States and the colonies that became the United States from 1619 to 1865, inclusive.
(4) Whereas, the institution of slavery was constitutionally and statutorily sanctioned by the United States from 1789 through 1865, inclusive.
(5) Whereas, the slavery that flourished in the United States constituted an immoral and inhumane deprivation of African Americans/US Freedman’ life, liberty, citizenship rights, and cultural heritage and denied them the fruits of their own labor.
(6) Whereas, a preponderance of scholarly, legal, and community evidentiary documentation, as well as popular culture markers, constitute the basis for inquiry into the ongoing effects of the institution of slavery and its legacy of persistent systemic structures of discrimination on living African Americans/U.S. Freedman and society in the United States.
(7) Whereas, Following the abolition of slavery, the United States government at the federal, state, and local levels continued to perpetuate, condone, and often profit from practices that continued to brutalize and disadvantage African Americans/ U.S. Freedman, including Chattel Enslavement, Sharecropping, forced labor towards consumer capitalism contributing to climate change, Jim Crow, Black Codes, White Domestic Terrorism in Desegregation Era, genocide, environmental racism, conversion of slave catchers to police, Racial Massacres, Racial property seizures, Medical Experimentation and apartheid, Convict Leasing, Homestead ACT Exclusion, GI Bill Exclusions, New Deal Exclusions, Unethical Foreclosures/Seizures of Property, FHA Mortgage Exclusions, Contract Buying, Redlining, racially discriminatory practices of financial systems, cultural and spiritual erasure, Urban Renewal, War on Drugs, theft of intellectual property, Mass Incarceration, Ongoing police terrorism, Racial Profiling, the Lack of Protection for Ant-Black Hate Crimes, state sponsored terrorism through bombings of Black communities and trafficking of guns and drugs, denied access to education and technology, loss of 40 acres per General William T. Sherman’s Special Field Order No. 15 .
(8) Whereas, As a result of the historic and continued discrimination, African Americans/ U.S. continue to suffer debilitating economic, educational, and health hardships, including, but not limited to, all of the following:
(A) Massachusetts inmate population race/ethnicity is 29% Black in comparison to only being a total of 6.8% of Massachusetts population.
(B) An unemployment rate more than twice the current white unemployment rate.
(C) An average of less than one-sixteenth of the wealth of white families, a disparity that has worsened, not improved, over time.
(b) It is the purpose of this chapter to establish a commission that will do all of the following:
(1) Study and develop reparation proposals for African American/US Freedman as a result of:
(A) The institution of slavery, including both the transatlantic and domestic “trade” that existed from 1565 in colonial Florida and from 1619 to 1865, inclusive, within the other colonies that became the United States, and that included the federal and state governments, that constitutionally and statutorily supported the institution of slavery.
(B) The de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, educational, and social discrimination.
(C) The lingering negative effects of the institution of slavery and the discrimination described in paragraphs (5) and (6) of subdivision (a) on living African Americans and on society in California and the United States.
(D) The manner in which instructional resources and technologies are being used to deny the inhumanity of slavery and the crime against humanity committed against people of African descent in California and the United States.
(E) The role of Northern complicity in the Southern-based institution of slavery.
(F) The direct benefits to societal institutions, public and private, including higher education, corporate, religious, and associational.
(2) Recommend and deploy appropriate ways to educate the Massachusetts public of the commission’s findings.
(3) Recommend appropriate remedies in consideration of the commission’s findings on the matters described in this section.
SECTION 1. (a) There is hereby established a commission to study and develop reparation proposals for African Americans, with a Special Consideration for African Americans who are descendants of persons enslaved in the United States.
(b) The commission shall:
(i) identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies that became the United States from 1619 to 1865, inclusive. The commission’s documentation and examination shall include the facts related to the:
(A) capture and procurement of human beings in Africans;
(B) transport of human beings to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport;
(C) sale and acquisition of African Americans and freedmen and freedwomen as chattel property in interstate and intrastate commerce; (D) treatment of African Americans and freedmen and freewomen slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion and families; (E) extensive denial of humanity, sexual abuse and chattelization of persons; (F) federal and state laws that produced loss of sovereignty and discriminated against formerly enslaved African Americans and freedmen and freedwomen and their descendants who were deemed United States citizens from 1868 to the present; (G) other forms of discrimination in the public and private sectors against African Americans and freedmen and freedwomen and their descendants who were deemed United
States citizens from 1868 to the present, including, but not limited to, redlining, educational funding discrepancies and predatory financial practices; and (H) lingering negative effects of the institution of slavery and the matters described in this section on living African Americans who are descendants of persons enslaved in the United and on society as a whole in the United States;
(ii) recommend appropriate ways to educate the public of the commission’s findings;
(iii) recommend appropriate remedies in consideration of the commission’s findings on the matters described in this section. In making recommendations, the commission shall address, among other issues:
(A) how the recommendations comport with international standards of remedy for wrongs and injuries caused by the state, that include full reparations and special measures, as understood by various relevant international protocols, laws and findings; (B) how the commonwealth will offer a formal apology on behalf of the people of the commonwealth for the perpetration of gross human rights violations and crimes against humanity on African Americans and freedmen and freedwomen and their descendants; (C) how laws and policies of the commonwealth that continue to disproportionately and negatively affect African Americans and freedmen and freedwomen as a group and perpetuate the lingering material and psychosocial effects of slavery can be eliminated; (D) how the injuries resulting from matters described in this section can be reversed and how to provide appropriate policies, programs, projects, and recommendations for the purpose of reversing the injuries; (E) how, in consideration of the commission’s findings, any form of compensation to African Americans, with a special consideration for African Americans who are descendants of persons enslaved in the United States, is calculated; (F) what form of compensation should be awarded, through what instrumentalities, and who should be eligible for such compensation; and (G) how, in consideration of the commission’s findings, any other forms of rehabilitation or restitution to African Americans and freedmen and freewomen descendants are warranted and what form and scope those measures should take; and
(iv) seek the assistance of agencies of the commonwealth to develop and evaluate processes and applications for reparations; requiring the Governor to include in the annual budget bill such sums as necessary to carry out the Act.
(c) The commission shall submit a written report of its findings and recommendations to the clerks of the senate and house of representatives not later than 2 years after the date of the first meeting of the commission.
SECTION 2. (a) The commission shall consist of: 9 members appointed by the governor with recommendations from Senate President to provide to the Governor to choose from, 1 of whom shall be from the field of academia that has expertise in reparatory justice and sovereignty, 1 of whom shall be in the field of academia with expertise in genealogy, 2 of whom shall be from major civil society and reparations organizations that have historically championed the cause of reparatory justice and 5 of whom shall have a respected track record in grassroots organizing; 2 members appointed by the senate president and 2 member appointed by the speaker of the house of representatives; 1 member appointed by the attorney general’s, who shall work within the civil rights division of the office of the attorney general. Not more than 4 members shall be members of the legislature. Members shall be drawn from diverse backgrounds to represent the interests of communities of color throughout the commonwealth and shall have experience working to implement
restorative justice reform and, to the extent possible, represent geographically diverse areas of the commonwealth. The commission shall elect a chair and vice chair from among its members.
(b) A vacancy in the Commission shall not affect the powers of the commission and shall be filled in the same manner that the original appointment was made.
(c) The governor shall call the first meeting of the commission to occur not later than 90 days after the enactment of this bill.
(d) Five members of the commission shall constitute a quorum.
(e) For attendance at meetings, a legislative member of the commission shall be entitled to per diem compensation and reimbursement of expenses for not more than 10 meetings, subject to appropriation.
(j) Non-legislative members of the commission shall be entitled to per diem compensation and reimbursement of expenses for not more than 10 meetings, compensation for research and labor, subject to appropriation.
SECTION 3. (a) For the purpose of carrying out the provisions of this act, the commission may:
(i) hold hearings and sit and act at any time and location in the commonwealth; (ii) request the attendance and testimony of witnesses;
(iii) request the production of books, records, correspondence, memoranda, papers and documents; (iv) Research methods and materials for facilitating education, community dialogue, symbolic acknowledgment and other formal actions leading toward repair and a sense of justice among the people of the commonwealth;
(v) make recommendations for appropriate ways to educate the public about the findings and recommendations in the commission’s report; (vi) consider such other matters relating to the institution and legacies of slavery in the commonwealth as the members of the commission may deem appropriate; (vii) provide lineage based research and tools to residents of the commonwealth who are descendants of chattel slavery within the United States; and (viii) seek an order from a Superior Court compelling testimony or compliance with a subpoena.
(b) Any subcommittee or member of the commission may, if authorized by the commission, take any action that the commission may take pursuant to this section.
(c) The commission may acquire directly from the head of any state agency available information that the commission considers useful in the discharge of its duties. All state agencies shall cooperate with the commission with respect to such information and shall furnish all information requested by the commission to the extent permitted by law. The commission shall keep confidential any information received from a state agency that is confidential or not considered a public record under section 7 of chapter 4 of the General Laws and chapter 66 of the General Laws.
SECTION 4. (a) The commission may appoint and fix the compensation of such personnel as the commission considers appropriate.
(a) The Commission may procure supplies, services and property by contract in accordance with applicable laws and rules.
(b) The Commission may enter into contracts for the purposes of conducting research or surveys, preparing reports and performing other activities necessary for the discharge of the duties of the commission with state departments, agencies and other instrumentalities, federal departments, agencies and other instrumentalities and private entities.
SECTION 5. Any reparation actions undertaken pursuant to this act shall be in addition to any reparation actions taken at the federal or local level.
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An Act to provide compensation for loss of income for victims of forced labor and sexual servitude
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S1054
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SD874
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T12:13:34.723'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T12:13:34.7233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:17:44.2666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:43:41.5033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-25T10:07:58.4233333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-17T14:10:37.9766667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1054) of Mark C. Montigny, Michael O. Moore and Rebecca L. Rausch for legislation to provide compensation for loss of income for victims of forced labor and sexual servitude. The Judiciary.
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SECTION 1. Section 25 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after clause (5) the following clause:-
(6) compensation received pursuant to section 204 of chapter 149.
SECTION 2. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Safe” or “safety” the following definition:
“Victim of human trafficking”, a person who is subjected to the conduct prohibited under section 50 or 51 of chapter 265 or a victim of “severe forms of trafficking in persons” under 22 U.S.C. 7102.
SECTION 3. Chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following section:
Section 204: Lost income to be paid to victims of human trafficking
Section 204. (a) A victim of human trafficking shall be eligible for compensation from the division of victim compensation and assistance within the department of the attorney general, established in section 11K of chapter 12, for loss of income resulting from the deprivation of liberty in the amount of $25,000. A victim of human trafficking shall not be required to provide evidence or documentation of employment at the time of the crime.
(b) Compensation paid pursuant to this section shall not be counted toward the maximum award for compensation available to a victim of a crime under section 3(a) of chapter 258C.
(c) Compensation paid pursuant to this section shall constitute noncountable income and/or noncountable assets for the purpose of determining financial eligibility for programs administered by the department of transitional assistance in accordance with chapters 18 and 118 in addition to programs administered by the department of housing and community development in accordance with section 30 of chapter 23B.
SECTION 4. Section 3 of chapter 258C of the General Laws, as so appearing, is hereby amended by inserting at the end of subclause (b)(2)(D) the following sentence:-
“The division may rely on evidence other than official employment documentation in considering and approving an application for compensation for loss of earnings, which evidence may include any reliable corroborating information, including, but not limited to, a statement under penalty of perjury from the claimant, a licensed attorney, a mandated reporter, or a witness to the circumstances of the crime.”.
SECTION 5. Section 3 of chapter 258C of the General Laws is hereby further amended by adding the following subclauses in paragraph (b)(2):
(J) The division may authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(K) When compensating a victim for loss of income pursuant to this section, the division may:
(i) Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury;
(ii) Compensate the parent or legal guardian of a victim that was a minor at the time of the crime and is hospitalized as a direct result of the crime, provided that the minor victim’s treating physician certifies in writing that the presence of the victim’s parent or legal guardian at the hospital is necessary for the treatment of the victim; or
(iii) Compensate the parent or legal guardian of a victim that was a minor at the time of the crime and died as a result of the crime.
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An Act protecting survivors of domestic abuse
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S1055
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SD2133
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T14:00:03.72'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T14:00:03.72'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:16:26.2366667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:05:09.5866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:37:56.7366667'}]
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1055) of Mark C. Montigny, Michael O. Moore and Anne M. Gobi for legislation to protect survivors of domestic abuse. The Judiciary.
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SECTION 1. Chapter 208 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 34D the following section:-
Section 34E. In determining whether to make a judgment for either party to pay alimony to the other under sections 48 to 55, inclusive, the court shall consider documented evidence of abuse, as defined in chapter 209A, including, but not limited to, emotional distress resulting from that abuse, between the parties or perpetrated by either party against either party’s child. For purposes of this section, documented evidence shall include, but shall not be limited to, records contained within the statewide domestic violence record keeping system. The court may consider other evidence that it considers appropriate in determining whether there is a history of abuse between the parties or perpetrated by either party against either party’s child. Whenever 1 party has a criminal conviction resulting from abuse perpetrated against the other party or either party’s child, a judgment for alimony to benefit the convicted party as a recipient shall be prohibited.
SECTION 2. Section 53 of said chapter 208 is hereby amended by inserting after the word “marriage”, in line 9, the following words:- “; documented evidence of a history of abuse, as defined in chapter 209A, including, but not limited to, emotional distress resulting from that abuse, between the parties or perpetrated by either party against either party’s child”.
SECTION 3. The payor spouse may petition the court to terminate an alimony judgment entered into prior to the effective date of this act if the payor spouse presents a certified copy of a court docket evidencing a conviction, as set forth in section 1 of this act, after all appeal periods have been exhausted.
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An Act relative to improving enforcement for tethering violations
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S1056
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SD2136
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:24:35.11'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:24:35.11'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:30:11.48'}]
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1056) of Mark C. Montigny and Jack Patrick Lewis for legislation to improve enforcement for tethering violations. The Judiciary.
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SECTION 1. Section 174E of chapter 140 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking in paragraph (a) the first and second sentences and replace with:-
(a) No person owning or keeping a dog shall chain, confine, or tether a dog outside and unattended (1) for longer than 5 hours or (2) outside from 10:00 p.m. to 6:00 a.m.
“Outside and unattended,” for the purposes of this section, shall mean any dog who is exposed to the elements for a duration of longer than 15 minutes and not in visual range and physical presence of the owner. This expressly includes, but is not limited to, a dog in a securely fenced-in yard, a dog in a kennel, or a dog tethered. For purposes of this section a dog shall be considered “outside” regardless of access to an outdoor doghouse or similar structure.
No person owning or keeping a dog shall tether, confine or chain a dog in a manner that allows the dog to leave the owner's, guardian's or keeper's property.
SECTION 2. Section 174E of chapter 140 is hereby further amended by inserting after the word “chains”, in line 7, the following words:- , pinch collars, choke collars,
SECTION 3. Section 174E of chapter 140 is hereby further amended by striking out, in line 7, the words “lines or”
SECTION 4. Section 174E of chapter 140 is hereby further amended by inserting after the word “feet”, in line 19, the following words:- per dog
SECTION 5. Section 174E of chapter 140 is hereby further amended by striking out, in lines 35-37, the words “provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;”
SECTION 6. Section 174E of chapter 140 is hereby further amended by striking out the words “in accordance with subsection (b)”, in lines 52-53, and inserting in place thereof the following words:- and unattended
SECTION 7. Section 174E of chapter 140 is hereby further amended by striking out in paragraph (c) the third sentence and inserting in place thereof the following sentence:- The entrance to the shelter shall allow the dog's entry and exit, and in adverse weather have a flap or other mechanism sturdy enough to block entry of weather elements.
SECTION 8. Section 174E of chapter 140 is hereby further amended by inserting after the word “outside”, in line 64, the following words:- and unattended
SECTION 9. Section 174E of chapter 140 is hereby further amended by striking out, in lines 69-70, the words “, unless the tethering is for not more than 15 minutes”
SECTION 10. Section 174E of chapter 140 is hereby further amended by striking out, in line 90, the word “and” and inserting in place thereof the following word:- or
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An Act to strengthen laws combatting human trafficking and protecting survivors of modern-day slavery
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S1057
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SD2137
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:22:12.853'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:22:12.8533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:03:44.6266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:16:32.9766667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:05:17.42'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:42:59.5466667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:38:04.3933333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-04T10:21:32.0466667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1057) of Mark C. Montigny, Vanna Howard, Michael O. Moore, Anne M. Gobi and others for legislation to strengthen laws combatting human trafficking and protecting survivors of modern-day slavery. The Judiciary.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 222. (a) For purposes of this section, “partnership” shall mean the human trafficking prevention business partnership.
(b) There shall be a human trafficking prevention business partnership. The partnership shall engage participating corporations and other private entities in voluntary efforts to prevent and combat human trafficking. The governor or the governor’s designee shall serve as chair of the partnership.
(c) The corporations and other private entities that participate in the partnership shall: (i) adopt a zero tolerance policy toward human trafficking; (ii) ensure that the employees of the corporation or entity comply with the policy adopted pursuant to clause (i); (iii) participate in public awareness and education campaigns; (iv) enhance awareness of and encourage participation in the partnership; and (v) exchange information about effective practices for abolishing human trafficking including, but not limited to, identifying private and nonprofit resources that may be available to support the work of the partnership and promote efforts to abolish human trafficking.
(d) The governor or the governor’s designee shall work collaboratively to promote the partnership with other state agencies including, but not limited to, the executive office of labor and workforce development, the executive office of health and human services and the executive office of public safety and security.
(e) The chair of the partnership shall present a certificate of recognition to participating corporations and private entities to recognize the corporation’s or other private entity’s contributions and commitment to abolishing human trafficking.
(f) Nothing in this section shall limit any existing partnerships to prevent or combat human trafficking, including, but not limited to, existing programs through the office of the attorney general.
(g) Nothing in this section shall limit any laws related to human trafficking.
SECTION 2. Chapter 6A of the General Laws, as so appearing, is hereby amended by adding the following 3 sections:-
Section 105. (a) Law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services and others providing direct services in the juvenile justice system and criminal justice system shall be trained in identifying and responding to human trafficking. The executive office public safety and security shall offer training that shall include information on: (i) human trafficking offenses; (ii) methods used in identifying victims of human trafficking who may be United States citizens or foreign national citizens, including preliminary interview techniques and appropriate questioning methods; (iii) prosecuting human traffickers; (iv) increasing effective collaboration between the courts, nongovernmental organizations and other relevant social service organizations to assist in the investigation and prosecution of human trafficking cases; (v) protecting the rights of victims of human trafficking, including, but not limited to, specific consideration of human rights and female and minor victims; (vi) interacting with victims of human trafficking as victims of crime rather than criminals; and (vii) promoting the safety of victims of human trafficking. The training shall include information on the screening of individuals who may be victims of human trafficking and data collection protocols under section 35A of chapter 22C. The executive office of public safety and security shall collaborate with nongovernmental organizations and other relevant organizations in the preparation and presentation of the training required pursuant to this section. Nothing in this section shall preclude alternative training programs approved by the attorney general.
(b) The administrative office of the trial court shall provide mandatory training for judges, clerk-magistrates and court personnel.
(c) The executive office of education shall implement mandatory educational training for educators in kindergarten to grade 12, inclusive. The training shall include information to assist educators in identifying victims of human trafficking and providing appropriate support to victims of human trafficking. The training may be incorporated into professional development modules. The executive office of education may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses. The executive office of education shall also develop a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet.
(d) The department of public health shall implement mandatory training at hospitals licensed pursuant to chapter 111 for mandated reporters, as defined by section 21 of chapter 119, working in such a facility to assist in identifying human trafficking victims and the appropriate actions to be undertaken when such victims have been identified. The department may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses.
Section 106. (a) The executive office of health and human services, in cooperation with the executive office of public safety and security, other appropriate agencies and nongovernmental organizations, shall, subject to appropriation, prepare public awareness programs to educate potential victims of human trafficking and their families on the risks of victimization. The public awareness programs shall include, but not be limited to: (i) information about the risks of becoming a victim of human trafficking that uses best practices to prevent stigmatization of victims and includes information about common recruitment techniques, use of debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually-transmitted diseases and psychological harm related to victimization in human trafficking cases; (ii) information about victims’ rights under federal and state laws; (iii) methods for reporting suspected recruitment activities; and (iv) information on the types of services available to victims of human trafficking and how to access such services, including information on relevant hotlines including the National Human Trafficking Resource Center Hotline.
(b) The executive office of health and human services, in cooperation with other appropriate agencies and nongovernmental organizations, shall prepare and disseminate general public awareness materials to educate the public on the extent of human trafficking of both United States citizens and foreign nationals within the United States to discourage the demand that fosters the exploitation of persons and that leads to human trafficking.
General public awareness materials may include: (i) information on the impact of human trafficking on individual victims, whether United States citizens or foreign nationals; (ii) aggregate information on human trafficking worldwide and domestically; and (iii) warnings of the criminal consequences of engaging in human trafficking. The materials may include pamphlets, brochures, posters and advertisements in mass media and any other appropriate media.
(c) Programs and materials described in this section shall preserve the privacy of victims and their family members.
(d) All public awareness programs shall be evaluated periodically to ensure their effectiveness.
(e) The executive office of health and human services, in collaboration with the executive office of public safety and security and the office of the attorney general, shall establish and maintain an independent website to disseminate information regarding human trafficking, human trafficking crime statistics and resources for victims of human trafficking. Information available through the website shall not include the names, locations or other identifying information of victims of human trafficking.
Section 107. The secretary of health and human services shall file an annual report not later than January 1 with the joint committee on children, families and persons with disabilities, the senate and house committees on ways and means and the senate and house committees on rules outlining the adequacy and limitations of current services to meet the safety, support, housing, health, education and quality of life needs of human trafficking victims. The report shall identify specialized needs of victims under the age of 18 including, but not limited to, the needs or current efforts to provide specialized foster care, other suitable housing arrangements and services to safe guard children. The report shall also identify current resources available at safe house facilities including the number of beds, resources located on site and number of victims served.
SECTION 3. Chapter 6C of the General Laws is hereby amended by adding the following section:-
Section 78. (a) The department shall display public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, in every transportation station, rest area and welcome center that is open to the public.
(b) Public awareness campaign advertisements shall be displayed in a conspicuous location visible to the public and employees in: (i) adult entertainment facilities and other businesses primarily dedicated to adult entertainment or sex-related products; (ii) facilities determined to be a nuisance for prostitution under section 4 of chapter 139; (iii) facilities licensed as massage establishments and facilities providing bodywork and related therapies; (iv) nail salons; (v) job recruitment centers; (vi) facilities operating as foreign transmittal agencies under chapter 169; (vii) hospitals; and (viii) emergency care providers.
(c) An employer who violates subsection (b) shall be punished by a fine of not more than $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
(d) The attorney general shall promulgate rules and regulations to enforce subsection (b).
SECTION 4. Section 66A of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word “proceeds” and inserting in place thereof the following words:- all revenues received under section 6O of chapter 62, proceeds.
SECTION 5. Chapter 22C of the General Laws is hereby amended by inserting after section 35 the following section:-
SECTION 35A. (a) The colonel shall promulgate regulations relative to the collection of human trafficking crime data. The regulations shall include, but not be limited to: (i) the responsibilities of the crime reporting unit, as defined in section 32 of chapter 22C, for the collection, analysis, classification, reporting and retention of human trafficking crime data in a central repository; (ii) the procedures necessary to ensure effective data-gathering, preservation and protection of confidential information, including, but not limited to, victims’ private and identifying information, and the disclosure of information as required by this section; (iii) the procedures for reporting data on a standardized form to the crime reporting unit by law enforcement agencies; and (iv) the procedures for assessing the credibility and accuracy of reports of human trafficking from law enforcement agencies.
(b) The crime reporting unit shall analyze and summarize reports of human trafficking data received by the unit. The crime reporting unit shall produce a report summarizing the data collected from law enforcement agencies, which shall be submitted annually to the governor, attorney general, the joint committee on public safety and homeland security, the joint committee on the judiciary, the senate and house committees on rules, and the senate and house committees on ways and means. The report shall not include the names, locations or other identifying information of victims of human trafficking. The annual report shall be a public record and shall be available on the executive office of public safety and security’s website.
(c) The crime reporting unit shall make data collected on human trafficking under this section available to federal, state and municipal agencies including, but not limited to, law enforcement agencies. Data collected on human trafficking under this section shall be made available to the public. The disclosed information shall not include the names, addresses or other identifying information of victims of human trafficking.
(d) The district attorney for each county shall report on human trafficking data to the crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the district attorney's jurisdiction.
(e) The attorney general shall report on human trafficking data to the crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the attorney general’s jurisdiction.
(f) All state, county, municipal and campus police departments and other law enforcement agencies that report crime statistics to the executive office of public safety and security shall include statistics on the crimes of trafficking of persons for sexual servitude under section 50 of chapter 265 and trafficking of persons for forced service under section 51 of said chapter 265 to ensure compliance with reporting standards established by the Federal Bureau of Investigation’s Uniform Crime Reporting Program. Said data shall be reported to the crime reporting unit.
(g) The executive office of public safety and security shall prescribe a standardized form for data collection under subsections (d), (e), and (f).
SECTION 6. Chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after section 6N the following section:-
Section 6O. A person filing an individual or a joint return may voluntarily contribute all or part of a refund to which the person is entitled, or may voluntarily add an amount on to an amount due, to be credited to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.
A contribution under this section may be made with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year. The commissioner shall prescribe the manner in which the contribution shall be made on the face of the return required by section 5 of chapter 62C; provided, however, that the commissioner shall assure that taxpayers filing such a form are made clearly aware of their ability to make the contributions provided for by this section.
The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit such amount to the Victims of Human Trafficking Trust Fund.
SECTION 7. Chapter 90F of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 17. Upon application or renewal for a license to operate a commercial motor vehicle, the registrar shall provide the applicant with materials regarding the recognition and prevention of human trafficking. The registrar shall also post the materials online in a conspicuous manner alongside driver manuals and resources on the registry website. The registrar may collaborate with organizations that specialize in the recognition and prevention of human trafficking including, but not limited to, Truckers Against Trafficking or its successor organization.
SECTION 8. Section 90A of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “or section twenty-six” and inserting in place thereof the following words:- , section 26 or section 50.
SECTION 9. Chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after section 6B the following section:-
Section 6C. A person, corporation, partnership or other legal entity licensed as an innholder shall provide human trafficking awareness training to each person in its employ at the time of hire. The training shall include, but not be limited to: (i) the definition of human trafficking and commercial exploitation of children; (ii) recognition of potential victims of human trafficking; (iii) activities commonly associated with human trafficking; and (iv) how to appropriately respond to a known or suspected case of human trafficking. The training program shall be approved by the licensing authority and may be developed by a non-profit or lodging association organization familiar with human trafficking-related issues in the hospitality industry. An innholder shall annually certify to the licensing authority that each employee of the innholder’s establishment has received training required by this section. An innholder that fails to provide training required by this section shall be punished by a fine of not less than $1,000 per day that the violation occurs.
SECTION 10. Section 4D of chapter 260 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 14, the figure “3” and inserting in place thereof the following figure:- 10.
SECTION 11. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “section 53A” and inserting in place thereof the following words:- sections 8, 26 or 53A.
SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, and as most recently amended by section 132 of the Acts of 2018, is hereby amended by inserting after the word “under” in the first instance the following words:- subsection (1) of section 30 or section 30A of chapter 266, or under
SECTION 13. Chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after section 87B the following section:-
Section 87C. (a) First offender commercial sexual exploitation prevention programs may be established and certified, subject to appropriation. A court and the district attorney may, after arraignment, prior to the disposition of a defendant and with the approval of the district attorney, divert the defendant charged with a first offense of subsection (b) of section 53A of chapter 272 to a first offender commercial sexual exploitation prevention program. The court shall continue the matter while the defendant fulfills the requirements of the program and shall retain jurisdiction pending the defendant’s successful completion of the program. The district attorney may at any time petition to remove the defendant from the program if the defendant fails to fulfill the requirement of the program. If the court finds that the defendant has failed to substantially comply with the requirements of the program, the court may restore the criminal complaint to the docket for trial or further proceedings in accordance with the regular course of such proceedings.
(b) The court shall determine if the defendant is eligible to participate in the first offender commercial sexual exploitation prevention program established pursuant to this section. The defendant shall not be eligible if the court determines that: (i) the defendant was convicted or admitted to sufficient facts of a previous violation of subsection (b) or (c) of section 53A of chapter 272 or a similar offense under the laws of another state; (ii) the defendant was previously admitted to a first offender commercial sexual exploitation prevention program under this section; (iii) the defendant has previously been charged with a violation of subsection (b) or (c) of said section 53A of said chapter 272 or a similar offense under the laws of another state and is awaiting adjudication of such offense; (iv) the defendant has been charged with, convicted of or admitted to sufficient facts of a violation of section 50 or 51 of chapter 265; or (v) the defendant is a registered sex offender under chapter 6 or the laws of another jurisdiction.
(c) A first offender commercial sexual exploitation prevention program shall, at a minimum: (i) provide each participant with information, counseling and services relating to: (A) the negative impact of commercial sex and sex trafficking on victims; (B) the negative impact of commercial sex and sex trafficking on communities; (C) the health risks involved in commercial sexual exploitation, including the risk of sexually transmitted diseases and issues relating to mental health, substance abuse and sexual addiction; (D) the legal consequence to the defendant; and (E) classroom instruction related to the prevention of commercial sexual exploitation and organized crime and the sex industry; (ii) employ persons or solicit volunteers that may include, but shall not be limited to, health care professionals, psychologists, licensed social workers or counselors, survivors of commercial sexual exploitation, members of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons or employees of a nongovernmental organization specializing in advocacy on laws related to sex trafficking or human trafficking or in providing services to victims of those offenses; (iii) allow a participant to withdraw from the program at any time before a trial on the merits has been initiated; and (iv) certify to the court that the defendant has successfully completed the requirements of the program, has failed to complete the program or has withdrawn from the program.
(d) Upon successful completion of the program, the court may dismiss the charge against the defendant. Upon dismissal, the court may order the record of the defendant sealed.
(e) The court shall determine and assess an appropriate fee for participation in the first offender commercial sexual exploitation prevention program. The court shall not waive the fee but may reduce the fee based on a determination by the court that the defendant cannot pay the entire fee. The fee shall be distributed as follows: (i) ⅓ shall be transferred to the nonprofit organization certified by the commissioner of probation to conduct the program; (ii) ⅓ shall be transferred to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10; and (iii) ⅓ shall be transferred to the state or municipal law enforcement agency responsible for the arrest of the defendant to be used for human trafficking investigations and prevention and to fund mandatory training for law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services to victims of human trafficking and others providing direct services in the juvenile justice system and criminal justice system.
(f) The commissioner of probation shall review each organization that operates a first offender commercial sexual exploitation prevention program and shall certify that the program is operating under the requirements of subsection (c). The commissioner shall notify the administrative office of the trial court and the district attorney of all programs receiving such certification. Only programs certified by the commissioner shall be qualified to operate a program under this section. The commissioner may decertify a program for good cause and the commissioner shall notify the administrative office of the trial court of decertification.
SECTION 14. Said chapter 276 is hereby further amended by inserting after section 100U the following section:-
Section 100V. (a) In a case in which a plea of not guilty has been entered by a court pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the defendant, seal the court appearance and disposition recorded and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall seal the records of the proceedings in their files. Sealed records shall not operate to disqualify a person in any examination, appointment, or application for public employment in the service of the commonwealth or of any political subdivision.
(b) An application for employment used by an employer that seeks information concerning prior arrests, convictions or adjudications of delinquency of the applicant shall include, in addition to the statement required under section 100A, the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce this section by a suit in equity commenced in the superior court. Notwithstanding this section or any other general or special law to the contrary, the commissioner of probation or the clerk of courts in any district court, superior court, juvenile court or the Boston municipal court, in response to inquiries by authorized persons other than by a law enforcement agency or a court, shall, in the case of a sealed record, report that no record exists.
SECTION 15. The secretary of health and human services shall file the initial report required under section 107 of chapter 6A of the General Laws not later than 180 days after the effective date of this act.
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An Act protecting victims of rape and their children
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S1058
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SD2138
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:10:38.487'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-18T10:10:38.4866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:17:02.8933333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:05:25.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1058/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1058) of Mark C. Montigny, Michael O. Moore and Anne M. Gobi for legislation to protect victims of rape and their children. The Judiciary.
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Section 3 of chapter 209C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the fourth sentence in subsection (a) and inserting in place thereof the following sentence:-
“No court shall make an order providing visitation rights to a parent who was convicted of rape, under sections 22 to 23B, inclusive, of chapter 265 or section 2, 3, or 4 of chapter 272, and is seeking to obtain visitation with the child who was conceived during the commission of that rape; provided, that in the absence of a conviction a court shall not make an order providing said visitation rights whenever clear and convincing evidence of the commission of rape can be established”.
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An Act enhancing the issuance of citations for cruel conditions for animals
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S1059
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SD2139
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:43:25.387'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:43:25.3866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:30:23.0566667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T11:43:27.16'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T13:19:58.89'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T16:57:02.3'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-06T09:49:17.08'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:49:17.08'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:43:24.2433333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T11:06:17.3233333'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1059) of Mark C. Montigny, Jack Patrick Lewis, John F. Keenan, Michael O. Moore and other members of the General Court for legislation to enhance the issuance of citations for cruel conditions for animals. The Judiciary.
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SECTION 1. Section 174E of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (g) and inserting in place thereof the following subsection:-
(g) No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.”
For the purposes of this section, a “domestic animal” is all animals, regardless of their purpose or use, including livestock, that are kept as a domestic animal.
For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the following:
(1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age and physical condition.
(2) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age, or physical condition.
SECTION 2. Subsection (h) of section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting at the beginning thereof the following:-
A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or guardian's expense pending compliance with this section, or loss of ownership of the animal.
SECTION 3. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 100, after the word “special” the following word:- state
SECTION 4. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by striking, in line 102, the word “and” and inserting in place thereof the following:- or
SECTION 5. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting the following subsection:-
(j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
SECTION 6. Section 35WW of chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines collected pursuant to section 37 of chapter 129.
SECTION 7. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
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An Act relative to preventing sexual abuse of children and youth by adults in positions of authority or trust
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S106
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SD241
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:15:33.88'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:15:33.88'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-26T09:23:52.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S106/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 106) of Joan B. Lovely for legislation relative to preventing sexual abuse of children and youth by adults in positions of authority or trust. Children, Families and Persons with Disabilities.
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Chapter 268 of the General Laws is hereby amended by inserting after section 21A the following new section:-
Section 21B. A person over the age of 21 who is employed by or contracts with a public or private school, the department of youth services, the department of children and families, the department of mental health, the department of developmental services or a private institution that provides services to clients of such departments, who is a teacher, administrator or a person in a similar position of authority in the school, department or institution and, in the course of such employment or contract or as a result thereof, engages in, within or outside of the school, department or institution, sexual relations with a person who is: (i) under the age of 19, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C. In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor.
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An Act to provide a DNA exception for statute of limitations on sex offenses
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S1060
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SD2144
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:12:10.843'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:12:10.8433333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:38:05.5833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:17:20.99'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T09:13:30.2366667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:05:36.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1060/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1060) of Mark C. Montigny, Adam Scanlon, Michael O. Moore, James B. Eldridge and others for legislation to provide a DNA exception for statute of limitations on sex offenses. The Judiciary.
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Section 63 of chapter 277 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
Notwithstanding the first paragraph, a prosecution for a sex offense, as defined in section 178C of chapter 6, may be commenced at any time if forensic evidence, as defined in section 220 of chapter 111, has been collected and preserved, and if such forensic evidence can be subjected to DNA analysis, as defined in section 1 of chapter 22E, that can establish the identity of the defendant.
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An Act to enhance the lives of survivors of human trafficking
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S1061
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SD2145
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:07:14.983'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:07:14.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1061/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1061) of Mark C. Montigny for legislation to enhance the lives of survivors of human trafficking. The Judiciary.
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SECTION 1. Section 59 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, as most recently amended by section 132 of the Acts of 2018, is hereby amended by inserting after the word “under” in the first instance the following words:- "subsection (1) of section 30 or section 30A of chapter 266, or under".
SECTION 2. Chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after section 100U the following section:-
Section 100V. (a) In a case in which a plea of not guilty has been entered by a court pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the defendant, seal the court appearance and disposition recorded and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall seal the records of the proceedings in their files. Sealed records shall not operate to disqualify a person in any examination, appointment, or application for public employment in the service of the commonwealth or of any political subdivision.
(b) An application for employment used by an employer that seeks information concerning prior arrests, convictions or adjudications of delinquency of the applicant shall include, in addition to the statement required under section 100A, the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce this section by a suit in equity commenced in the superior court. Notwithstanding this section or any other general or special law to the contrary, the commissioner of probation or the clerk of courts in any district court, superior court, juvenile court or the Boston municipal court, in response to inquiries by authorized persons other than by a law enforcement agency or a court, shall, in the case of a sealed record, report that no record exists.
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