Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S793 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1733 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 793
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susan L. Moran
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 establishing a task force on MassHealth reimbursement for schools.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 3
17	17	SENATE DOCKET, NO. 1733 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 793
19	19	By Ms. Moran, a petition (accompanied by resolve, Senate, No. 793) of Susan L. Moran that
20	20	provisions be made for an investigation and study by a task force (including members of the
21	21	General Court) relative to MassHealth reimbursement for schools. Health Care Financing.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	Resolve establishing a task force on MassHealth reimbursement for schools.
28	28	1 Resolved, (a) Notwithstanding any general or special law to the contrary, the executive
29	29	2office of health and human services shall establish a MassHealth reimbursement of school-based
30	30	3care task force to study and make recommendations with respect to direct MassHealth
31	31	4reimbursement to local education agencies for direct nursing services, administrative activities,
32	32	5and any other medical benefits provided by such local education authority to any school-age
33	33	6child who is an eligible beneficiary of MassHealth in accordance with chapter 118E of the
34	34	7General Laws, Title XIX, and Title XXI, as appropriate.
35	35	8 (b) The task force shall consist of: the secretary of the executive office of health and
36	36	9human services, or a designee, who shall serve as co-chair; the secretary of the executive office
37	37	10of education, or a designee, who shall serve as co-chair; a representative from the division of
38	38	11local services; 3 persons to be appointed by the secretary of the executive office of health and
39	39	12human services who shall have knowledge of school-based care; and 3 persons to be appointed
40	40	13by the secretary of the executive office of education who shall have knowledge of municipal and
41	41	14educational finance. 2 of 3
42	42	15 The task force shall also consist of 2 members of the senate to be appointed by the
43	43	16president of the senate and 1 member of the senate to be appointed by the minority leader of the
44	44	17senate, 2 members of the house of representatives to be appointed by the speaker of the house
45	45	18and 1 member of the house of representatives to be appointed by the minority leader of the house
46	46	19of representatives
47	47	20 (c) The task force shall: (1) determine the number of local education agencies enrolled
48	48	21with the division of medical assistance as MassHealth providers; (2) analyze the extent to which
49	49	22said local education agencies utilize MassHealth reimbursement of direct nursing services,
50	50	23administrative activities and any other medical benefits provided by such local education
51	51	24authority to any school-age child who is an eligible beneficiary of MassHealth; (3) investigate
52	52	25any impediments to seeking MassHealth reimbursement for said services, including but not
53	53	26limited to student eligibility; and (4) analyze common state and federal reimbursements and
54	54	27other sources of revenue for educational or other school-based services, and the extent to which
55	55	28said reimbursements and sources of revenue are allocated directly to the municipality versus the
56	56	29local educational agency.
57	57	30 (d) The task force shall submit its findings, recommendations, and any determinations
58	58	31regarding necessary legislation to the governor and the clerks of the house of representatives and
59	59	32the senate not later than July 31, 2023.
60	60	33 (e) For the purposes of this act, the following terms shall have the following meanings:
61	61	34 “Administrative activities,” those activities as defined in the local education authority’s
62	62	35provider contract with MassHealth, and shall include Medicaid outreach services, facilitation or
63	63	36assistance in the MassHealth application process, assistance in coordination and delivery of 3 of 3
64	64	37MassHealth covered services, individual care planning, monitoring, coordination and referrals of
65	65	38MassHealth covered services, and assistance in obtaining MassHealth-covered transportation or
66	66	39translation services that are related to MassHealth covered services.
67	67	40 “Local education authority,” any city, town, charter school, public health commission, or
68	68	41school district.
69	69	42 “Direct nursing services,” skilled nursing services as defined in the local educational
70	70	43authority’s provider contract with MassHealth, and shall include mandated grade-level physical,
71	71	44mental, and behavioral health screening, and nursing treatment/services.
72	72	45 “Individualized education program,” a written statement, developed and approved in
73	73	46accordance with federal special education law in a form established by the Department of
74	74	47Elementary and Secondary Education of the Commonwealth that identifies a student's special
75	75	48education needs and describes the services a local education authority shall provide to meet those
76	76	49needs.
77	77	50 “School-age child,” any person of ages three through twenty-two who has not attained a
78	78	51high school diploma or its equivalent.