Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1194 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3107 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1194
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Denise C. Garlick
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
12	12	resolve:
13	13	Resolve relative to the reimbursement of school-based care.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Denise C. Garlick13th Norfolk1/19/2023Mathew J. Muratore1st Plymouth2/2/2023 1 of 4
17	17	HOUSE DOCKET, NO. 3107 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1194
19	19	By Representative Garlick of Needham, a petition (accompanied by resolve, House, No. 1194) of
20	20	Denise C. Garlick and Mathew J. Muratore for the establishment by the Executive Office of
21	21	Health and Human Services of a MassHealth reimbursement of school-based care task force to
22	22	study and make recommendations of direct MassHealth reimbursements to local education
23	23	authorities for certain school-based services. Health Care Financing.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	Resolve relative to the reimbursement of school-based care.
30	30	1 Resolved, (a) For the purposes of this resolve, the following terms shall have the
31	31	2following meanings:
32	32	3 “Administrative activities,” those activities as defined in the local education authority’s
33	33	4provider contract with MassHealth, and shall include Medicaid outreach services, facilitation or
34	34	5assistance in the MassHealth application process, assistance in coordination and delivery of
35	35	6MassHealth covered services, individual care planning, monitoring, coordination and referrals of
36	36	7MassHealth covered services, and assistance in obtaining MassHealth-covered transportation or
37	37	8translation services that are related to MassHealth covered services.
38	38	9 “Local education authority,” any city, town, charter school, public health commission, or
39	39	10school district. 2 of 4
40	40	11 “School-based services,” any medically necessary MassHealth covered services, as
41	41	12delineated in the Medicaid State Plan, which are provided to a member by a school-based
42	42	13Medicaid provider.
43	43	14 “Individualized education program,” a written statement, developed and approved in
44	44	15accordance with federal special education law in a form established by the Department of
45	45	16Elementary and Secondary Education of the Commonwealth that identifies a student's special
46	46	17education needs and describes the services a local education authority shall provide to meet those
47	47	18needs.
48	48	19 “School-age child,” any person of ages three through twenty-two who has not attained a
49	49	20high school diploma or its equivalent.
50	50	21 (b) Notwithstanding any general or special law to the contrary, the executive office of
51	51	22health and human services shall establish a MassHealth reimbursement of school-based care task
52	52	23force to study and make recommendations with respect to direct MassHealth reimbursement to
53	53	24local education authorities for school-based services, administrative activities, and any other
54	54	25medical benefits provided by such local education authority to any school-age child who is an
55	55	26eligible beneficiary of MassHealth in accordance with chapter 118E of the General Laws, Title
56	56	27XIX, and Title XXI, as appropriate.
57	57	28 (c) The task force shall consist of: the secretary of the executive office of health and
58	58	29human services, or a designee, who shall serve as co-chair; the secretary of the executive office
59	59	30of education, or a designee, who shall serve as co-chair; a representative from the division of
60	60	31local services; 1 representative from each of the following organizations that represent direct
61	61	32care providers within the educational setting: Massachusetts School Nurse Organization, 3 of 4
62	62	33Massachusetts Association of Occupational Therapists, American Physical Therapy Association
63	63	34of Massachusetts, Massachusetts Speech-Language Hearing Association, Massachusetts School
64	64	35Counselors Association, Massachusetts Mental Health Consortium, and the Massachusetts
65	65	36School Psychologists Association; 1 representative from the Massachusetts Association of
66	66	37School Superintendents; 1 representative from the Massachusetts Association of School
67	67	38Committees; and 1 representative from the Massachusetts Municipal Association.
68	68	39 The task force shall also consist of 2 members of the senate to be appointed by the
69	69	40president of the senate and 1 member of the senate to be appointed by the minority leader of the
70	70	41senate, 2 members of the house of representatives to be appointed by the speaker of the house
71	71	42and 1 member of the house of representatives to be appointed by the minority leader of the house
72	72	43of representatives
73	73	44 (d) The task force shall: (1) determine the number of local education authorities enrolled
74	74	45with the division of medical assistance as MassHealth; (2) analyze the extent to which said local
75	75	46education authorities utilize MassHealth reimbursement of school-based services, administrative
76	76	47activities and any other medical benefits provided by such local education authority to any
77	77	48school-age child who is an eligible beneficiary of MassHealth; (3) investigate any impediments
78	78	49to seeking MassHealth reimbursement for said services, including but not limited to student
79	79	50eligibility; and (4) analyze common state and federal reimbursements and other sources of
80	80	51revenue for educational or other school-based services, and the extent to which said
81	81	52reimbursements and sources of revenue are allocated directly to the municipality versus the local
82	82	53education authority. 4 of 4
83	83	54 (e) All appointments to the task force shall be made not later than 30 days after the
84	84	55effective date of this resolve.
85	85	56 (f) The task force shall submit its findings, recommendations, and any determinations
86	86	57regarding necessary legislation and regulations to the clerks of the senate and the house of
87	87	58representatives, the joint committee on education, the joint committee on health care financing,
88	88	59and the senate and house committees on ways and means not later than January 1, 2024. The
89	89	60secretary of health and human services shall make the report publicly available on the website of
90	90	61the executive office of health and human services.