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