1 of 1 HOUSE DOCKET, NO. 1456 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1217 The Commonwealth of Massachusetts _________________ PRESENTED BY: John J. Lawn, Jr. _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to address the financial sustainability of the Health Safety Net. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/18/2023Smitty Pignatelli3rd Berkshire1/31/2023Christopher Hendricks11th Bristol1/31/2023Vanna Howard17th Middlesex2/2/2023 1 of 3 HOUSE DOCKET, NO. 1456 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1217 By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1217) of John J. Lawn, Jr. and others relative to the financial sustainability of the Health Safety Net. Health Care Financing. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 1286 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to address the financial sustainability of the Health Safety Net. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 2OOO of Chapter 29 of the general laws, as appearing in the 2018 2Official Edition, shall be amended by striking the third sentence in the second paragraph in its 3entirety and inserting in place thereof the following: 4 Money from the fund shall be transferred to the Health Safety Net Trust Fund, or any 5successor fund, as necessary to provide payments to acute hospitals and community health 6centers for reimbursable health services. No less than the amounts in subsection (b) of section 7189 of chapter 149 of the general laws shall be annually transferred to the Health Safety Net 8Trust Fund. 2 of 3 9 SECTION 2. Section 64 of Chapter 118E of the general laws, as so appearing, shall be 10amended by inserting the following new definition: 11 "Supplemental surcharge amount'', an amount equal to 50 per cent of the annual revenue 12shortfall in the Health Safety Net Trust fund as estimated by the health safety net office no later 13than 60 days after the fund fiscal year end. 14 SECTION 3. Subsection (b) of Section 66 of Chapter 118E of the general laws, as so 15appearing, is here by amended by striking the first sentence in its entirety and inserting in place 16thereof the following: 17 The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors 18under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or 19community health centers for health services provided to uninsured and underinsured residents; 20(iii) any transfers from the Commonwealth Care Trust Fund, established under section 2OOO of 21chapter 29; (iv) all property and securities acquired by and through the use of monies belonging 22to the fund and all interest thereon; and (v) an amount equal to any federal financial participation 23revenues claimed and received by the commonwealth for eligible expenditures made from the 24fund. 25 SECTION 4. Subsection (a) Section 68 of Chapter 118E of the general laws, as so 26appearing, shall be amended by inserting the following new words immediately following the 27phrase “total surcharge amount” in the three places that it so appears in this subsection: 28 “and the supplemental surcharge amount” 3 of 3 29 SECTION 5. Section 69 of Chapter 118E of the general laws, as so appearing, shall be 30amended by striking subsection b in its entirety and inserting in place thereof the following: 31 (b) By April 1 of the year preceding the start of the fund fiscal year, the office shall, after 32consultation with the office of Medicaid, and using the best data available, provide an estimate of 33the projected total reimbursable health services provided by acute hospitals and community 34health centers and emergency bad debt costs, the total funding available and any projected 35shortfall after adjusting for reimbursement payments to community health centers. If a shortfall 36in revenue exists in any fund fiscal year to cover projected costs for reimbursement of health 37services, the office shall allocate half of that shortfall in a manner that reflects each hospital's 38proportional financial requirement for reimbursements from the fund, including, but not limited 39to, the establishment of a graduated reimbursement system and under any additional regulations 40promulgated by the office. The remaining half of the shortfall shall be accounted for through a 41supplemental surcharge amount that is paid in accordance with section 64 and 68.