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2 | 2 | | HOUSE DOCKET, NO. 3226 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1416 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bud L. Williams and Judith A. Garcia |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to advance health equity. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Bud L. Williams11th Hampden1/16/2025Judith A. Garcia11th Suffolk1/16/2025Samantha Montaño15th Suffolk2/11/2025Danillo A. Sena37th Middlesex2/11/2025Lindsay N. Sabadosa1st Hampshire2/11/2025Manny Cruz7th Essex2/24/2025Erika Uyterhoeven27th Middlesex2/24/2025Natalie M. Higgins4th Worcester2/24/2025 1 of 45 |
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16 | 16 | | HOUSE DOCKET, NO. 3226 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1416 |
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18 | 18 | | By Representatives Williams of Springfield and Garcia of Chelsea, a petition (accompanied by |
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19 | 19 | | bill, House, No. 1416) of Bud L. Williams, Judith A. Garcia and others for legislation to |
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20 | 20 | | establish the executive office of health equity and for an investigation by a special commission |
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21 | 21 | | (including members of the General Court) relative to health inequities. Health Care Financing. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act to advance health equity. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 17A of chapter 6 of the General Laws is hereby amended by |
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31 | 31 | | 2inserting after “the secretary of energy and environmental affairs,”, in line 4, the following |
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32 | 32 | | 3words:- the secretary of equity,. |
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33 | 33 | | 4 SECTION 2. Section 2 of chapter 6A of the General Laws is hereby amended by |
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34 | 34 | | 5inserting after “energy and environmental affairs,”, in line 3, the following word:- equity,. |
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35 | 35 | | 6 SECTION 3. Section 1 of chapter 6D is hereby further amended by inserting after the |
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36 | 36 | | 7definition of “Health care services” the following definition:- |
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37 | 37 | | 8 “Health equity”, as defined in section 1 of chapter 6F. |
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38 | 38 | | 9 SECTION 4. Said section 1 of said chapter 6D, as so appearing, is hereby further |
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39 | 39 | | 10amended by inserting after the definition of “Primary care provider” the following definition:- 2 of 45 |
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40 | 40 | | 11 “Priority population”, a population that is disproportionately affected by health |
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41 | 41 | | 12disparities. |
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42 | 42 | | 13 SECTION 5. Subsection (b) of section 2 of said chapter 6D, as so appearing, is hereby |
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43 | 43 | | 14amended by inserting after the word “chairperson”, in line 12, the following words:- and 1 of |
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44 | 44 | | 15whom shall be a person of color with lived experience of social inequities and a professional |
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45 | 45 | | 16record of health equity advocacy. |
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46 | 46 | | 17 SECTION 6. Clause (iv) of the fourth paragraph of subsection (e) of said section 2 of |
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47 | 47 | | 18said chapter 6D, as so appearing, is hereby amended by striking out, in line 115, the word “and”, |
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48 | 48 | | 19and by inserting after said clause (iv) the following clause:- |
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49 | 49 | | 20 (v) incorporate health equity into the exercising of powers and duties under this chapter; |
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50 | 50 | | 21and. |
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51 | 51 | | 22 SECTION 7. Said subsection (e) of said section 2 of said chapter 6D, as so appearing, is |
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52 | 52 | | 23hereby further amended by redesignating clause (v), as inserted by section 15 of chapter 224 of |
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53 | 53 | | 24the acts of 2012, as clause (vi). |
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54 | 54 | | 25 SECTION 8. Subsection (g) of said section 2 of said chapter 6D, as so appearing, is |
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55 | 55 | | 26hereby amended by striking out, in line 140, “,” and inserting in place thereof the following |
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56 | 56 | | 27words:- , including a chief health equity officer to assist in the carrying out of powers and duties |
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57 | 57 | | 28relating to reducing health inequities experienced by priority populations. |
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58 | 58 | | 29 SECTION 9. Section 3 of said chapter 6D, as so appearing, is hereby amended in |
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59 | 59 | | 30subsection (k) by striking out, in line 38, the word “and”, in subsection (l) by striking out, in line |
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60 | 60 | | 3141, “.” and inserting in place thereof the word:- ; and. 3 of 45 |
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61 | 61 | | 32 SECTION 10. Said section 3 of said chapter 6D, as so appearing, is hereby amended by |
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62 | 62 | | 33inserting after said subsection (l) the following subsection:- |
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63 | 63 | | 34 (m) to incorporate health equity into the exercising of powers and duties under this |
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64 | 64 | | 35chapter. |
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65 | 65 | | 36 SECTION 11. Section 4 of said chapter 6D, as so appearing, is hereby amended by |
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66 | 66 | | 37inserting after “commission”, in line 3, the following words:- , including policies relating to |
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67 | 67 | | 38reducing health inequities experienced by priority populations. |
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68 | 68 | | 39 SECTION 12. Section 5 of said chapter 6D, as so appearing, is hereby amended by |
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69 | 69 | | 40striking out, in line 11, “services” and inserting in place thereof the following words:- “services, |
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70 | 70 | | 41including such access for priority populations to ensure health equity”. |
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71 | 71 | | 42 SECTION 13. Subsection (a) of section 8 of said chapter 6D, as so appearing, is hereby |
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72 | 72 | | 43amended by striking out, in line 6, “shall examine” and inserting in place thereof the following |
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73 | 73 | | 44words:- shall examine: (1). |
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74 | 74 | | 45 SECTION 14. Said subsection (a) of said section 8 of said chapter 6D, as so appearing, is |
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75 | 75 | | 46hereby amended by striking out, in line 9, “health care system” and inserting in place thereof the |
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76 | 76 | | 47following words:- health care system; and (2) health inequities experienced by priority |
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77 | 77 | | 48populations. |
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78 | 78 | | 49 SECTION 15. Clause (i) of subsection (e) of said section 8 of said chapter 6D, as so |
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79 | 79 | | 50appearing, is hereby amended by striking out, in line 45, “and the impact of price transparency |
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80 | 80 | | 51on prices” and inserting in place thereof the following words:- , the impact of price transparency |
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81 | 81 | | 52on prices, and efforts to reduce health inequities experienced by priority populations. 4 of 45 |
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82 | 82 | | 53 SECTION 16. Clause (ii) of said subsection (e) of said section 8 of said chapter 6D, as so |
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83 | 83 | | 54appearing, is hereby amended by striking out, in line 58, “and any” and inserting in place thereof |
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84 | 84 | | 55the following words:- , efforts to reduce health inequities experienced by priority populations, |
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85 | 85 | | 56and any. |
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86 | 86 | | 57 SECTION 17. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is |
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87 | 87 | | 58hereby amended by striking out, in lines 93 to 96, “annual report concerning spending trends and |
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88 | 88 | | 59underlying factors, along with any recommendations for strategies to increase the efficiency of |
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89 | 89 | | 60the health care system” and inserting in place thereof the following words: annual report |
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90 | 90 | | 61concerning: (1) spending trends and underlying factors (including estimates of the cost of |
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91 | 91 | | 62inequity for the purpose of identifying the impact of health disparities on total costs of care); (2) |
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92 | 92 | | 63any recommendations for strategies to increase the efficiency of the health care system; and (3) |
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93 | 93 | | 64any recommendations to reduce health inequities for priority populations based on data and input |
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94 | 94 | | 65received pursuant to sections 10A and 2A(c)(7) of chapter 12C, respectively. |
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95 | 95 | | 66 SECTION 18. Said subsection (g) of said section 8 of said chapter 6D, as so appearing, is |
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96 | 96 | | 67hereby amended by striking out, in line 100, “sections 8, 9 and 10” and inserting in place |
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97 | 97 | | 68thereof:- sections 2A(c)(7), 8, 9, 10, and 10A. |
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98 | 98 | | 69 SECTION 19. Said chapter 6D of the General Laws is hereby further amended by |
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99 | 99 | | 70inserting after section 9 the following section:- |
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100 | 100 | | 71 Section 9A. (a) The board shall establish aggregate primary care and behavioral health |
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101 | 101 | | 72expenditure targets for the commonwealth, which the commission shall prominently publish on |
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102 | 102 | | 73its website. 5 of 45 |
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103 | 103 | | 74 (b) Prior to establishing the target and aggregate target, the commission shall hold a |
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104 | 104 | | 75public hearing. The public hearing shall be based on the report submitted by the center under |
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105 | 105 | | 76section 16(a) of chapter 12C, comparing the actual aggregate expenditures on primary care and |
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106 | 106 | | 77behavioral health services to the aggregate target, any other data submitted by the center and |
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107 | 107 | | 78such other pertinent information or data as may be available to the board. The hearing shall |
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108 | 108 | | 79examine the performance of health care entities in meeting the target and the commonwealth’s |
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109 | 109 | | 80health care system in meeting the aggregate target. The commission shall provide public notice |
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110 | 110 | | 81of the hearing at least 45 days prior to the date of the hearing, including notice to the joint |
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111 | 111 | | 82committee on health care financing. The joint committee on health care financing may |
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112 | 112 | | 83participate in the hearing. The commission shall identify as witnesses for the public hearing a |
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113 | 113 | | 84representative sample of providers, provider organizations, payers, community-based |
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114 | 114 | | 85organizations, and such other interested parties as the commission may determine. Any other |
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115 | 115 | | 86interested parties may testify at the hearing. |
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116 | 116 | | 87 SECTION 20. Paragraph (15) of subsection (c) of section 15 of said chapter 6D, as so |
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117 | 117 | | 88appearing, is hereby amended by striking out, in line 168, “and”. |
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118 | 118 | | 89 SECTION 21. Said subsection (c) of said chapter 6D, as so appearing, is hereby amended |
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119 | 119 | | 90by inserting after said paragraph (15) the following paragraphs:- |
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120 | 120 | | 91 (16) to advance health equity by meeting health equity standards that reflect best |
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121 | 121 | | 92practices, including standards that the commission may develop as part of the certification |
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122 | 122 | | 93process; and 6 of 45 |
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123 | 123 | | 94 SECTION 22. Said subsection (c) of section 15 of said chapter 6D, as so appearing, is |
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124 | 124 | | 95hereby amended by redesignating paragraph (16), as inserted by section 15 of chapter 224 of the |
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125 | 125 | | 96acts of 2012, as paragraph (18). |
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126 | 126 | | 97 SECTION 23. Chapter 6D of the General Laws is hereby amended by inserting after |
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127 | 127 | | 98section 21 the following Section:- |
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128 | 128 | | 99 Section 22. Every 2 years, the commission, in consultation with the center for health |
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129 | 129 | | 100information and analysis, the group insurance commission, the office of Medicaid, and the |
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130 | 130 | | 101division of insurance shall evaluate the impact of section 17S of chapter 32A, section 10O of |
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131 | 131 | | 102chapter 118E, section 47PP of 175, section 8RR of 176A, section 4RR of 176B, and section 4HH |
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132 | 132 | | 103of 176G on health care costs, including premiums, pharmaceutical spending, aggregate rebates, |
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133 | 133 | | 104and cost-sharing; drug treatment utilization and adherence; incidence of related acute events; and |
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134 | 134 | | 105health equity. The commission shall file a report of its findings with the clerks of the house of |
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135 | 135 | | 106representatives and senate, the chairs of the joint committee on public health, the chairs of the |
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136 | 136 | | 107joint committee on health care financing and the chairs of house and senate committees on ways |
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137 | 137 | | 108and means. |
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138 | 138 | | 109 SECTION 24. a) There shall be a special commission to address areas of longstanding |
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139 | 139 | | 110health inequities in the state by establishing benchmarks (i.e., specific, measurable targets) from |
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140 | 140 | | 111which to measure statewide improvement. The commission shall consist of: the senate chair of |
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141 | 141 | | 112the joint committee on health care financing who shall serve as co-chair; the house chair of the |
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142 | 142 | | 113joint committee on health care financing who shall serve as co-chair; the senate chair of the joint |
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143 | 143 | | 114committee on public health; the house chair of the joint committee on public health; the senate |
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144 | 144 | | 115chair of the joint committee on racial equity, civil rights, and inclusion; the house chair of the 7 of 45 |
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145 | 145 | | 116joint committee on racial equity, civil rights, and inclusion; the attorney general or a designee; |
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146 | 146 | | 117the secretary of health and human services or a designee; the commissioner of public health or a |
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147 | 147 | | 118designee; the executive director of the health policy commission or a designee; the executive |
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148 | 148 | | 119director of the center for health information and analysis or a designee; 1 person with a |
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149 | 149 | | 120professional record of health equity advocacy or expertise who shall be appointed by the senate |
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150 | 150 | | 121president; 1 person with a professional record of health equity advocacy or expertise who shall |
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151 | 151 | | 122be appointed by the speaker of the house of representatives; 1 person with a professional record |
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152 | 152 | | 123of health equity advocacy or expertise who shall be appointed by the minority leader of the |
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153 | 153 | | 124senate; 1 person with a professional record of health equity advocacy or expertise who shall be |
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154 | 154 | | 125appointed by the minority leader of the house of representatives; 11 persons who shall be |
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155 | 155 | | 126appointed by the governor, 1 of whom shall be a health economist, 1 of whom shall represent a |
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156 | 156 | | 127high-Medicaid and low-income public payer disproportionate share hospital, 1 of whom shall |
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157 | 157 | | 128represent a hospital with not more than 200 beds, 1 of whom shall represent a hospital with at |
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158 | 158 | | 129least 800 staffed beds, 1 of whom shall have demonstrated expertise in representing the health |
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159 | 159 | | 130care workforce as a leader in a labor organization, 1 of whom shall be a representative of an |
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160 | 160 | | 131employer with not more than 50 employees, 1 of whom shall be a representative of an employer |
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161 | 161 | | 132with more than 50 employees, 1 of whom shall have significant experience in the health equity |
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162 | 162 | | 133sub-sector of the life sciences sector, 1 of whom shall be an expert in health and social services |
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163 | 163 | | 134for children,1 of whom shall be an expert in health and social services for seniors, 1 of whom |
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164 | 164 | | 135shall be an expert in healthcare and social services for persons with disabilities, and 1 of whom |
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165 | 165 | | 136shall be a representative of a healthcare consumer advocacy organization; 1 person who shall be |
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166 | 166 | | 137a representative of the Massachusetts Health and Hospital Association; 1 person who shall be a |
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167 | 167 | | 138representative of the Massachusetts League of Community Health Centers; 1 person who shall be 8 of 45 |
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168 | 168 | | 139a representative of the Massachusetts Association of Health Plans; 1 person who shall be a |
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169 | 169 | | 140representative of Blue Cross Blue Shield of Massachusetts; 1 person who shall be a |
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170 | 170 | | 141representative of the Massachusetts Medical Society; 1 person who shall be a representative of |
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171 | 171 | | 142the Massachusetts Public Health Alliance; and 1 person who shall be a representative of the |
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172 | 172 | | 143Health Equity Compact. |
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173 | 173 | | 144 In making appointments, elected officials shall, to the maximum extent feasible, ensure |
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174 | 174 | | 145that the commission represents a broad distribution of geographic regions and diverse |
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175 | 175 | | 146perspectives, including persons of color with lived experience of social inequities and |
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176 | 176 | | 147professional records of health equity advocacy. |
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177 | 177 | | 148 b) The commission shall collaborate with relevant state agencies and external experts, |
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178 | 178 | | 149both in public health and health care as well as other key sectors that influence health and well- |
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179 | 179 | | 150being, including but not limited to housing and social services, to: agree upon the highest priority |
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180 | 180 | | 151health inequities to address in the state; establish measurable benchmarks for achieving health |
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181 | 181 | | 152equity in the state (“Health Equity Benchmarks”); and develop a framework for driving and |
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182 | 182 | | 153assessing state performance on such Health Equity Benchmarks that promotes accountability |
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183 | 183 | | 154with respect to achieving material progress in addressing health inequities in the state. |
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184 | 184 | | 155 c) The Health Equity Benchmarks established by the commission shall include, but not be |
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185 | 185 | | 156limited to, the following: |
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186 | 186 | | 157 1) Reducing disparities in overarching metrics between racial and ethnic groups, such as, |
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187 | 187 | | 158for example, reducing the life expectancy gap in Massachusetts; |
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188 | 188 | | 159 2) Reducing disparities in overarching metrics across geographic regions within the state; 9 of 45 |
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189 | 189 | | 160 3) Improving performance with respect to certain population-based outcome metrics, |
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190 | 190 | | 161such as, for example, reducing pregnancy-associated deaths among certain racial and ethnic |
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191 | 191 | | 162groups; |
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192 | 192 | | 163 4) Improving performance with respect to certain process metrics applicable to health |
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193 | 193 | | 164equity including, for example, utilization metrics, financial investment, data collection, and |
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194 | 194 | | 165structural reforms; and |
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195 | 195 | | 166 5) Stakeholder-specific responsibilities and performance targets, where stakeholders |
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196 | 196 | | 167include both public and private sector entities. |
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197 | 197 | | 168 d) The framework for driving and assessing statewide performance shall include, but not |
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198 | 198 | | 169be limited to, the following: |
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199 | 199 | | 170 1) Data reporting, tracking, and transparency mechanisms for both public and private |
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200 | 200 | | 171stakeholders, such as through the use of public data dashboards; |
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201 | 201 | | 172 2) Enforcement mechanisms to hold public and private stakeholders accountable for |
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202 | 202 | | 173making progress towards achieving the benchmarks; |
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203 | 203 | | 174 3) Evaluation criteria, including allowance for periodic benchmark refinement; |
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204 | 204 | | 175 4) Mechanisms to facilitate coordination, collaboration, and improvement among |
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205 | 205 | | 176stakeholders in order to support progress towards achieving the benchmarks; |
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206 | 206 | | 177 5) Mechanisms for financing the implementation of and progress towards the |
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207 | 207 | | 178benchmarks; and 10 of 45 |
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208 | 208 | | 179 6) Identification of the relevant agency or agencies responsible for implementation of the |
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209 | 209 | | 180above data reporting, tracking, accountability, evaluation, improvement support, and financing |
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210 | 210 | | 181mechanisms. |
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211 | 211 | | 182 e) In developing its recommendations, the commission shall identify and build on areas |
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212 | 212 | | 183of alignment across other major frameworks, goals, benchmarks, and initiatives in Massachusetts |
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213 | 213 | | 184related to health equity, in both the public and private sectors. In developing its |
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214 | 214 | | 185recommendations, the commission shall consider and, to the extent possible, incorporate recent |
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215 | 215 | | 186findings from significant community engagement initiatives and needs assessments in the most |
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216 | 216 | | 187disproportionately impacted communities. The commission shall consult with external experts |
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217 | 217 | | 188and focus on topics including but not limited to data collection and reporting, and inequities in |
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218 | 218 | | 189health outcomes, healthcare access and quality in such consultations. The commission may hold |
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219 | 219 | | 190public meetings and fact-finding hearings as it considers necessary. The commission may also |
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220 | 220 | | 191establish working groups to further investigate and develop draft recommendations. To conduct |
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221 | 221 | | 192its review and analysis, the commission may contract with an outside organization to assist the |
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222 | 222 | | 193commission in carrying out its functions as described in this section. The center for health |
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223 | 223 | | 194information and analysis and the health policy commission shall provide the commission and any |
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224 | 224 | | 195contracted outside organization, to the extent possible, relevant data and analysis necessary for |
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225 | 225 | | 196the evaluation. |
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226 | 226 | | 197 f) The commission shall hold its first meeting not later than 90 days after enactment of |
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227 | 227 | | 198this act, and shall meet periodically thereafter as determined necessary by the commission co- |
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228 | 228 | | 199chairs to carry out the duties of the commission. 11 of 45 |
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229 | 229 | | 200 g) By no later than sixteen months after enactment of this act, the commission shall |
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230 | 230 | | 201complete the activities described in the preceding paragraphs and submit a final report to the |
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231 | 231 | | 202Governor’s office, the state legislature, and the health policy commission, which shall include, |
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232 | 232 | | 203but not be limited to: the high-priority areas of health inequities in the state identified by the |
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233 | 233 | | 204commission; the Health Equity Benchmarks drafted by the commission; the framework for |
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234 | 234 | | 205driving and assessing state performance that promotes accountability with respect to achieving |
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235 | 235 | | 206material progress in addressing health inequities in the state; and recommendations for |
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236 | 236 | | 207operationalizing the Health Equity Benchmarks and the framework for driving and assessing |
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237 | 237 | | 208state performance. |
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238 | 238 | | 209 h) If the commission determines that legislation is necessary to operationalize its |
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239 | 239 | | 210recommendations, the commission, as part of its final report, shall file proposals for such |
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240 | 240 | | 211legislation not later than twenty months after enactment of this act with the clerks of the house of |
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241 | 241 | | 212representatives and the senate, who shall forward a copy of the materials filed by the commission |
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242 | 242 | | 213to the house and senate committees on ways and means and the joint committee on health care |
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243 | 243 | | 214financing. |
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244 | 244 | | 215 SECTION 25. The General Laws are hereby amended by inserting after chapter 6E the |
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245 | 245 | | 216following chapter:- |
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246 | 246 | | 217 CHAPTER 6F |
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247 | 247 | | 218 EXECUTIVE OFFICE OF EQUITY |
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248 | 248 | | 219 Section 1. Definitions 12 of 45 |
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249 | 249 | | 220 As used in this chapter, the following words shall, unless the context clearly requires |
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250 | 250 | | 221otherwise, have the following meanings:- |
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251 | 251 | | 222 “Data dashboards”, information management tools used to track, analyze, and display in |
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252 | 252 | | 223a user-friendly and accessible format important performance indicators, metrics, and data points |
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253 | 253 | | 224for review by the general public and others. |
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254 | 254 | | 225 “Equity”, the consistent and systematic fair, just, and impartial treatment of all |
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255 | 255 | | 226individuals, including individuals who belong to underserved communities that have historically |
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256 | 256 | | 227been denied such treatment, including: (1) Black, Latino, Indigenous and Native American |
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257 | 257 | | 228persons, Asian Americans and Pacific Islanders, and other persons of color; (2) members of |
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258 | 258 | | 229religious minorities; lesbian, gay, bisexual, transgender, and queer persons; (3) persons with |
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259 | 259 | | 230disabilities; persons who live in rural areas; and (4) persons otherwise adversely affected by |
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260 | 260 | | 231persistent poverty or inequality. |
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261 | 261 | | 232 “Health equity”, the state in which everyone has a fair and just opportunity to be as |
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262 | 262 | | 233healthy as possible. Such a state requires removing obstacles to health and to health care |
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263 | 263 | | 234services, and promoting individuals’ ability to control their own healthcare and set their own care |
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264 | 264 | | 235goals. For purposes of the preceding sentences, achieving health equity requires focused and |
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265 | 265 | | 236ongoing efforts to address historical and contemporary injustices such as poverty and racism and |
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266 | 266 | | 237efforts to address social determinants of health, including lack of access to good jobs with fair |
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267 | 267 | | 238pay; quality education; safe, accessible, and affordable housing; public transportation; safe and |
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268 | 268 | | 239healthy environments; and health care. In this term, health includes physical health, oral health, |
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269 | 269 | | 240and behavioral health. For the purposes of measurement, advancing health equity means 13 of 45 |
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270 | 270 | | 241reducing and ultimately eliminating disparities in health outcomes that adversely affect |
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271 | 271 | | 242underserved, excluded, or marginalized groups. |
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272 | 272 | | 243 “Office”, executive office of equity. |
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273 | 273 | | 244 “Secretary”, secretary of equity. |
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274 | 274 | | 245 “Social determinants of health”, the conditions in the environments where people are |
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275 | 275 | | 246born, live, learn, work, play, worship, and age that affect a wide range of health outcomes, |
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276 | 276 | | 247functioning, and quality-of-life outcomes and risks, including economic stability, education |
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277 | 277 | | 248access and quality, health care access and quality, neighborhood and built environment, and |
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278 | 278 | | 249social and community contexts. |
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279 | 279 | | 250 Section 2. Establishment of office |
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280 | 280 | | 251 There shall be an executive office of equity, which shall serve directly under the |
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281 | 281 | | 252governor. |
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282 | 282 | | 253 Section 3. Principal agency of executive department; purposes |
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283 | 283 | | 254 The executive office of equity shall serve as the principal agency of the executive |
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284 | 284 | | 255department for the following purposes: |
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285 | 285 | | 256 (a) leading efforts toward equity, diversity, and inclusion across state government, within |
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286 | 286 | | 257each executive office, and throughout the commonwealth; promoting access to equitable |
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287 | 287 | | 258opportunities and resources that reduce disparities; and improving outcomes statewide across |
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288 | 288 | | 259state government; |
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289 | 289 | | 260 (b) developing multi-year strategic plans to advance equity within each executive office; 14 of 45 |
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290 | 290 | | 261 (c) developing standards for the collection, analysis, and public reporting of |
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291 | 291 | | 262disaggregated data by race, ethnicity, language, disability, gender, income and other socio- |
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292 | 292 | | 263demographic factors as it pertains to tracking population level outcomes of communities; and |
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293 | 293 | | 264creating statewide and executive office-specific process and outcome measures using outcome- |
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294 | 294 | | 265based methodologies to determine the effectiveness of agency programs and services on reducing |
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295 | 295 | | 266disparities; |
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296 | 296 | | 267 (d) developing and implementing equity impact analyses at the request of any |
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297 | 297 | | 268constitutional, executive, or legislative office and from time to time as deemed necessary by the |
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298 | 298 | | 269secretary; |
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299 | 299 | | 270 (e) creating and publishing data dashboards stratified and disaggregated by race, |
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300 | 300 | | 271ethnicity, language, disability, and other socio-demographic factors. Said dashboards shall |
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301 | 301 | | 272include data relative to population level outcomes and to the process and outcome measures |
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302 | 302 | | 273described in subsection (c) as well as any additional data the office deems important for the |
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303 | 303 | | 274general public and decision makers. These dashboards shall comply with applicable privacy law |
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304 | 304 | | 275but shall be publicly presented in a user-friendly format, with a focus on ensuring accessibility in |
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305 | 305 | | 276its design; and |
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306 | 306 | | 277 (f) coordinating with public and quasi-public entities in the commonwealth, including the |
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307 | 307 | | 278health policy commission under chapter 6D and the center for health information and analysis |
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308 | 308 | | 279under chapter 12C, for the purposes described in subsection (a). |
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309 | 309 | | 280 Section 4. Secretary of equity; appointment; salary; powers and duties; undersecretaries |
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310 | 310 | | 281of equity 15 of 45 |
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311 | 311 | | 282 The governor shall appoint the secretary of equity. Said secretary shall serve at the |
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312 | 312 | | 283pleasure of the governor, shall receive such salary as the governor may determine, and shall |
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313 | 313 | | 284devote full time to the duties of this office. |
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314 | 314 | | 285 The secretary, in consultation with each respective secretary of each Massachusetts |
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315 | 315 | | 286executive office, shall appoint an undersecretary of equity to assist each other Massachusetts |
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316 | 316 | | 287executive office in applying an equity lens in all aspects of agency decision making, including |
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317 | 317 | | 288service delivery, program development, policy development, and budgeting. The secretary shall |
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318 | 318 | | 289appoint an undersecretary of equity for administration and finance, an undersecretary of equity |
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319 | 319 | | 290for education, an undersecretary of equity for energy and environmental affairs, an |
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320 | 320 | | 291undersecretary of equity for health and human services, an undersecretary of equity for housing, |
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321 | 321 | | 292an undersecretary of economic development, an undersecretary of equity for labor and workforce |
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322 | 322 | | 293development, an undersecretary of equity for public safety and security, an undersecretary of |
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323 | 323 | | 294equity for transportation, an undersecretary of equity for veterans affairs, and an undersecretary |
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324 | 324 | | 295of equity for climate innovation and resilience. Each person appointed as an undersecretary shall |
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325 | 325 | | 296have experience, and shall know the field or functions of such position. |
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326 | 326 | | 297 The undersecretaries shall provide assistance to the executive offices by: |
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327 | 327 | | 298 (a) facilitating information sharing between agencies related to diversity, equity, and |
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328 | 328 | | 299inclusion; |
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329 | 329 | | 300 (b) convening work groups or stakeholder advisory boards as needed; |
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330 | 330 | | 301 (c) developing and providing assessment tools for agencies to use in the development and |
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331 | 331 | | 302evaluation of agency programs, services, policies, and budgets; 16 of 45 |
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332 | 332 | | 303 (d) training the appropriate executive office staff on how to effectively use the |
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333 | 333 | | 304assessment tools developed under subsection (c), including developing guidance on how to apply |
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334 | 334 | | 305an equity lens to the executive office’s work when carrying out duties under this chapter; |
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335 | 335 | | 306 (e) developing a form that will serve as each appropriate executive office’s diversity, |
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336 | 336 | | 307equity, and inclusion plan, required to be submitted by the secretary of the executive office of |
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337 | 337 | | 308equity under section 7 in a manner and at frequency determined appropriate by the |
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338 | 338 | | 309undersecretaries. The office must post each final plan on the dashboard described in section 3; |
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339 | 339 | | 310 (f) maintaining an inventory of the appropriate executive office’s work in the area of |
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340 | 340 | | 311diversity, equity, and inclusion; and |
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341 | 341 | | 312 (g) compiling and creating resources for executive offices to use as guidance when |
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342 | 342 | | 313carrying out the requirements of this chapter. |
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343 | 343 | | 314 Section 5. Advisory board |
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344 | 344 | | 315 (a) There shall be an advisory board to the executive office of equity. The advisory board |
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345 | 345 | | 316shall consist of: 3 persons appointed by the governor; 3 persons appointed by the president of the |
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346 | 346 | | 317senate; 3 persons appointed by the speaker of the house of representatives; 3 persons appointed |
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347 | 347 | | 318by the Massachusetts Black and Latino Legislative Caucus; 1 person appointed by the Secretary |
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348 | 348 | | 319of Administration and Finance who shall have expertise in economic matters; 1 person appointed |
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349 | 349 | | 320by the Secretary of Education who shall have expertise in education matters; 1 person appointed |
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350 | 350 | | 321by the Secretary of Energy and Environmental Affairs who shall have expertise in environmental |
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351 | 351 | | 322justice; 1 person appointed by the Secretary of Health and Human Services who shall have |
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352 | 352 | | 323expertise in health equity and the social determinants of health; 1 person appointed by the |
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353 | 353 | | 324Secretary of Housing who shall have expertise in housing policy; 1 person appointed by the 17 of 45 |
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354 | 354 | | 325Secretary of Economic Development who shall have expertise in economic development policy; |
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355 | 355 | | 3261 person appointed by the Secretary of Labor and Workforce Development who shall have |
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356 | 356 | | 327expertise in labor and workforce development policy; 1 person appointed by the Secretary of |
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357 | 357 | | 328Public Safety and Security who shall have expertise in criminal justice matters; 1 person |
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358 | 358 | | 329appointed by the Secretary of Transportation who shall have expertise in transportation matters; |
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359 | 359 | | 3301 person appointed by the Secretary of Veterans Affairs who shall have expertise in matters |
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360 | 360 | | 331related to veterans, and 1 person appointed by the Secretary of Office of Climate Innovation and |
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361 | 361 | | 332Resilience who shall have experience in climate matters. |
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362 | 362 | | 333 All members of the advisory board shall be residents of the commonwealth who are not |
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363 | 363 | | 334employed by the commonwealth who have demonstrated a commitment to advancing equity and |
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364 | 364 | | 335expertise in utilizing policy, systems and environmental strategies to address inequities. Criteria |
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365 | 365 | | 336for selection of members shall consider diversity of geography; diversity of race and ethnicity; |
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366 | 366 | | 337diversity of age; inclusion of individuals living with disabilities; and inclusion of individuals |
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367 | 367 | | 338from the LGBTQ+ community. All members must have expertise in utilizing policy, systems and |
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368 | 368 | | 339environmental strategies to address inequities. Members shall be considered special state |
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369 | 369 | | 340employees for purposes of chapter 268A. All community representatives serving on the board |
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370 | 370 | | 341shall be compensated for their time. The appointing authorities shall confer prior to making final |
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371 | 371 | | 342appointments to ensure compliance with this provision. |
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372 | 372 | | 343 (b) A member of the board shall serve a term of 3 years and until they vacate their |
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373 | 373 | | 344membership or until a successor is appointed. Vacancies in the membership of the board shall be |
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374 | 374 | | 345filled by the original appointing authority for the balance of the unexpired term. 18 of 45 |
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375 | 375 | | 346 (c) The board shall annually elect from among its members a chair, a vice chair, a |
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376 | 376 | | 347treasurer, and any other officers it considers necessary. |
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377 | 377 | | 348 (d) The board shall advise the executive office of equity on the overall operation and |
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378 | 378 | | 349policies of the office. |
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379 | 379 | | 350 (e) The board shall meet no less than quarterly to discuss and debate matters related to the |
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380 | 380 | | 351overall operation and policies of the executive office of equity. |
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381 | 381 | | 352 (f) The board may request information and assistance from executive offices as the board |
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382 | 382 | | 353requires. |
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383 | 383 | | 354 Section 6. Strategic Plan; data dashboards; equity impact analysis |
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384 | 384 | | 355 (a) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall |
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385 | 385 | | 356develop a multi-year equity strategy to improve equity across government and the |
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386 | 386 | | 357commonwealth, including improved access to affordable health care (including oral and |
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387 | 387 | | 358behavioral health care), quality food and housing, safe communities, quality education, |
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388 | 388 | | 359employment for which people are paid a living wage and that includes good working conditions, |
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389 | 389 | | 360and affordable transportation and child care. |
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390 | 390 | | 361 (b) Notwithstanding any general or special law to the contrary, the secretary, in |
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391 | 391 | | 362collaboration with other secretaries in the governor’s cabinet, shall publish and regularly update |
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392 | 392 | | 363data dashboards on the executive office of equity’s website. To the extent possible, all data |
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393 | 393 | | 364dashboards shall include data able to be disaggregated by (1) gender; (2) race; (3) ethnicity; (4) |
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394 | 394 | | 365geographic location; (5) age; (6) disability; (7) primary language; (8) occupation; and (9) any 19 of 45 |
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395 | 395 | | 366other demographic information that the secretary deems important to understand inequities and |
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396 | 396 | | 367disparities in the commonwealth. |
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397 | 397 | | 368 (c) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall |
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398 | 398 | | 369develop and implement equity impact analyses at the request of any constitutional, executive, or |
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399 | 399 | | 370legislative office and from time to time as deemed necessary by the secretary. Equity impact |
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400 | 400 | | 371analyses shall include, at a minimum, and to the extent that information is available, an analysis |
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401 | 401 | | 372of whether the proposed policy is likely to promote or undermine equity, including health equity, |
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402 | 402 | | 373in the commonwealth. Equity impact analyses may consider: |
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403 | 403 | | 374 (1) direct impacts on disparities, inequities, the social determinants of health, and the |
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404 | 404 | | 375determinants of equity, with special attention to the impacts on populations that have |
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405 | 405 | | 376experienced marginalization or oppression; |
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406 | 406 | | 377 (2) the quality and relevance of studies to evaluate said impacts; |
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407 | 407 | | 378 (3) the availability of measures that would minimize any anticipated adverse equity |
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408 | 408 | | 379consequences; |
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409 | 409 | | 380 (4) the existence of adverse short-term and long-term equity consequences that cannot be |
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410 | 410 | | 381avoided should the proposed policy be implemented; |
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411 | 411 | | 382 (5) the availability of reasonable alternatives to the proposed policy; and |
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412 | 412 | | 383 (6) the impact of the proposed policy on factors, including: |
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413 | 413 | | 384 (A) income security, including adequate wages, relevant tax policies, access to affordable |
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414 | 414 | | 385health insurance, retirement benefits, and paid leave; 20 of 45 |
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415 | 415 | | 386 (B) food security and nutrition, including food assistance program eligibility, enrollment, |
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416 | 416 | | 387and assessments of food access and rates of access to unhealthy food and beverages; |
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417 | 417 | | 388 (C) child development, education, and literacy rates, including opportunities for early |
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418 | 418 | | 389childhood development and parenting support, rates of graduation compared to dropout rates, |
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419 | 419 | | 390college attainment and adult literacy; |
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420 | 420 | | 391 (D) housing, including access to affordable, safe, accessible, and healthy housing; |
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421 | 421 | | 392housing near parks and with access to healthy foods; and housing that incorporates universal |
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422 | 422 | | 393design and visitability features; |
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423 | 423 | | 394 (E) environmental quality, including exposure to toxins in the air, water and soil; |
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424 | 424 | | 395 (F) accessible built environments that promote health and safety, including mixed-used |
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425 | 425 | | 396land; active transportation such as improved pedestrian, bicycle and automobile safety; parks and |
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426 | 426 | | 397green space; and healthy school siting; |
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427 | 427 | | 398 (G) health care access, including accessible chronic disease management programs, |
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428 | 428 | | 399access to affordable, high-quality health and behavioral health care, access to home and |
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429 | 429 | | 400community based services, and the recruitment and retention of a diverse health care workforce; |
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430 | 430 | | 401 (H) prevention efforts, including community-based education and availability of |
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431 | 431 | | 402preventive services; |
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432 | 432 | | 403 (I) assessing ongoing discrimination and minority stressors against individuals and |
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433 | 433 | | 404groups in populations that have experienced marginalization or oppression based upon race, |
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434 | 434 | | 405gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, 21 of 45 |
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435 | 435 | | 406disability, and other factors, including discrimination that is based upon bias and negative |
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436 | 436 | | 407attitudes of health professionals and providers; |
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437 | 437 | | 408 (J) neighborhood safety and collective efficacy, including rates of violence, increases or |
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438 | 438 | | 409decreases in community cohesion, and collaborative efforts to improve the health and well-being |
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439 | 439 | | 410of the community; |
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440 | 440 | | 411 (K) culturally appropriate and competent services and training in all sectors, including |
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441 | 441 | | 412training to eliminate bias, discrimination and mistreatment of persons in populations that have |
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442 | 442 | | 413experienced marginalization or oppression; |
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443 | 443 | | 414 (L) linguistically appropriate and competent services and training in all sectors, including |
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444 | 444 | | 415the availability of information in alternative formats such as large font, braille and American |
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445 | 445 | | 416Sign Language; |
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446 | 446 | | 417 (M) accessible, affordable and appropriate mental health and substance use disorder |
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447 | 447 | | 418services; and |
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448 | 448 | | 419 (N) accessible, affordable, and appropriate oral health services. |
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449 | 449 | | 420 Section 7. Annual Report |
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450 | 450 | | 421 The secretary shall, on or before the first Wednesday in December of each year, submit a |
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451 | 451 | | 422report to the governor, the president of the senate, the speaker of the house of representatives, the |
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452 | 452 | | 423chair of the senate committee on ways and means, and the chair of the house committee on ways |
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453 | 453 | | 424and means. Such report shall list and discuss the proposals which have been made and the |
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454 | 454 | | 425accomplishments which have been achieved during the preceding two years towards advancing |
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455 | 455 | | 426equity within the executive office of equity, each other executive office and throughout the 22 of 45 |
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456 | 456 | | 427commonwealth. Said report shall contain a summary of the objectives of such proposals, their |
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457 | 457 | | 428disposition, and such further recommendations for legislative or executive actions concerning |
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458 | 458 | | 429these proposals or additional proposals as, in the judgment of the secretary, should be made to |
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459 | 459 | | 430improve equity in the programs, services and business affairs of the commonwealth. |
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460 | 460 | | 431 SECTION 26. Section 1 of said chapter 12C is hereby amended by inserting after the |
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461 | 461 | | 432definition of “Health care services” the following definition:- |
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462 | 462 | | 433 “Health equity”, as defined in section 1 of chapter 6F. |
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463 | 463 | | 434 SECTION 27. Said section 1 of said chapter 12C, as so appearing, is hereby further |
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464 | 464 | | 435amended by inserting after the definition of “Primary service area” the following definition:- |
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465 | 465 | | 436 “Priority population”, as defined in section 1 of chapter 6D. |
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466 | 466 | | 437 SECTION 28. Paragraph (4) of subsection (c) of said section 2A of said chapter 12C, as |
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467 | 467 | | 438so appearing, is hereby amended by striking out, in line 42, “center” and inserting in place |
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468 | 468 | | 439thereof the following words:- center, including research and analysis concerning health |
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469 | 469 | | 440disparities and health equity for priority populations of the commonwealth. |
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470 | 470 | | 441 SECTION 29. Said section 2A of said chapter 12C, as so appearing, is hereby amended |
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471 | 471 | | 442in paragraph (5) by striking out, in line 47, “and”, in paragraph (6) by striking out, in line 50, “.” |
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472 | 472 | | 443and inserting in place thereof the following “; and”, and by inserting after said paragraph (6) the |
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473 | 473 | | 444following new paragraph:- |
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474 | 474 | | 445 (7) develop a process to hold annual public hearings to obtain input relating to health |
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475 | 475 | | 446equity research and analysis priorities from healthcare consumers in the commonwealth, and it |
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476 | 476 | | 447shall be the goal of the council for such hearings to obtain input from priority populations, the 23 of 45 |
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477 | 477 | | 448health disparities council under section 16O of chapter 6A, the division of medical assistance, |
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478 | 478 | | 449and the department of public health. The council shall analyze the input received for the |
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479 | 479 | | 450purposes of inclusion in the annual report described in section 16(a). |
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480 | 480 | | 451 SECTION 30. Clause (v) of section 3 of said chapter 12C, as so appearing, is hereby |
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481 | 481 | | 452amended by striking out, in line 25, the following word:- “and”, and in clause (vi) by striking |
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482 | 482 | | 453out, in line 27, “.” and inserting in place thereof:- ; (vii) to conduct research to improve the |
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483 | 483 | | 454center’s understanding of: (I) barriers to health equity data collection under sections 10A; and |
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484 | 484 | | 455(II) how to restore trust and respectfully engage with individuals from priority populations who |
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485 | 485 | | 456are paid participants in such research; and (viii) to conduct research to improve the center’s |
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486 | 486 | | 457understanding of how racial ethnic, cultural, ability, and linguistic diversity in the healthcare |
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487 | 487 | | 458workforce impacts health care access and care quality for priority populations. The center shall |
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488 | 488 | | 459report on the research described in clauses (vii) and (viii). |
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489 | 489 | | 460 SECTION 31. Said section 3 of said chapter 12C, as so appearing, is hereby amended by |
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490 | 490 | | 461inserting after the first paragraph the following paragraph:- |
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491 | 491 | | 462 The executive director shall appoint and may remove a chief health equity officer to |
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492 | 492 | | 463assist in the carrying out of powers and duties under this chapter relating to reducing health |
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493 | 493 | | 464inequities experienced by priority populations. |
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494 | 494 | | 465 SECTION 32. Chapter 12C of the General Laws is hereby amended by inserting after |
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495 | 495 | | 466section 10 the following section:- |
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496 | 496 | | 467 Section 10A. (a) The center shall promulgate regulations that identify the types of entities |
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497 | 497 | | 468specified in sections 8, 9, and 10 which the center determines possess data necessary to analyze |
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498 | 498 | | 469health inequities experienced by priority populations in the commonwealth. 24 of 45 |
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499 | 499 | | 470 (b)(1) The center shall promulgate regulations necessary to ensure, to the extent |
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500 | 500 | | 471practicable, the uniform reporting of information from such entities identified pursuant to the |
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501 | 501 | | 472regulations described in subsection (a) and any other information the center determines |
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502 | 502 | | 473appropriate. In promulgating such regulations, the center shall consult with: (A) the department |
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503 | 503 | | 474of public health; and (B) the division of medical assistance. |
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504 | 504 | | 475 (2) To ensure that standards with respect to health equity data for accountable care |
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505 | 505 | | 476organizations under MassHealth are incorporated into such regulations, the regulations shall |
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506 | 506 | | 477specify standardized measures for data collection to: (A) standardize and strengthen social risk |
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507 | 507 | | 478factors data collection, including race (including meaningful capture of multi-racial), ethnicity, |
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508 | 508 | | 479language, disability, sexual orientation, gender identity, geographic location (including, for |
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509 | 509 | | 480example, ZIP code, census tract, and/or primary city or town of residence), and health-related |
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510 | 510 | | 481social needs; (B) maintain robust structures to identify and understand disparities, including |
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511 | 511 | | 482through stratified reporting on key performance indicators; and (C) account for social |
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512 | 512 | | 483determinants of health, including food insecurity, housing stability, and community violence. |
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513 | 513 | | 484 (c) The center shall provide technical assistance to such entities to ensure the data is |
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514 | 514 | | 485reported in a manner consistent with such regulations. |
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515 | 515 | | 486 (d) The center shall analyze such data and input received pursuant to subsection (b) and |
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516 | 516 | | 487section 2A(c)(7), respectively. |
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517 | 517 | | 488 (e) The center shall coordinate with the office of equity with respect to such data for the |
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518 | 518 | | 489purpose of section 6 of chapter 6F. 25 of 45 |
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519 | 519 | | 490 SECTION 33. Section 11 of said chapter 12C, as so appearing, is hereby amended by |
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520 | 520 | | 491striking out, in line 2, “sections 8, 9 and 10” and inserting in place thereof the following words:- |
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521 | 521 | | 492sections 8, 9, 10, and 10A. |
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522 | 522 | | 493 SECTION 34. Section 16 of said chapter 12C, as so appearing, is hereby amended by |
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523 | 523 | | 494striking out subsection (a) and inserting in place thereof the following subsection:- |
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524 | 524 | | 495 (a) The center shall publish an annual report based on the information submitted under |
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525 | 525 | | 496this chapter concerning health care provider, provider organization and private and public health |
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526 | 526 | | 497care payer costs and cost trends, section 13 of chapter 6D relative to market power reviews and |
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527 | 527 | | 498section 15 relative to quality data. The center shall compare the costs, cost trends, and |
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528 | 528 | | 499expenditures with the health care cost growth benchmark established under section 9A of said |
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529 | 529 | | 500chapter 6D, analyzed by regions of the commonwealth, and shall compare the costs, cost trends, |
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530 | 530 | | 501and expenditures with the aggregate primary care and behavioral health expenditure targets |
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531 | 531 | | 502established under section 9A of said chapter 6D, and shall detail: (1) baseline information about |
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532 | 532 | | 503cost, price, quality, utilization and market power in the commonwealth’s health care system; (2) |
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533 | 533 | | 504cost growth trends for care provided within and outside of accountable care organizations and |
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534 | 534 | | 505patient-centered medical homes; (3) cost growth trends by provider sector, including but not |
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535 | 535 | | 506limited to, hospitals, hospital systems, non-acute providers, pharmaceuticals, medical devices |
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536 | 536 | | 507and durable medical equipment; provided, however, that any detailed cost growth trend in the |
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537 | 537 | | 508pharmaceutical sector shall consider the effect of drug rebates and other price concessions in the |
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538 | 538 | | 509aggregate without disclosure of any product or manufacturer-specific rebate or price concession |
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539 | 539 | | 510information, and without limiting or otherwise affecting the confidential or proprietary nature of |
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540 | 540 | | 511any rebate or price concession agreement; (4) factors that contribute to cost growth within the |
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541 | 541 | | 512commonwealth’s health care system and to the relationship between provider costs and payer 26 of 45 |
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542 | 542 | | 513premium rates; (5) primary care and behavioral health expenditure trends as compared to the |
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543 | 543 | | 514aggregate baseline expenditures, as defined in section 1 of said chapter 6D; (6) the proportion of |
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544 | 544 | | 515health care expenditures reimbursed under fee-for-service and alternative payment |
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545 | 545 | | 516methodologies; (7) the impact of health care payment and delivery reform efforts on health care |
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546 | 546 | | 517costs including, but not limited to, the development of limited and tiered networks, increased |
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547 | 547 | | 518price transparency, increased utilization of electronic medical records and other health |
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548 | 548 | | 519technology; (8) the impact of any assessments including, but not limited to, the health system |
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549 | 549 | | 520benefit surcharge collected under section 68 of chapter 118E, on health insurance premiums; (9) |
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550 | 550 | | 521trends in utilization of unnecessary or duplicative services, with particular emphasis on imaging |
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551 | 551 | | 522and other high-cost services; (10) the prevalence and trends in adoption of alternative payment |
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552 | 552 | | 523methodologies and impact of alternative payment methodologies on overall health care spending, |
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553 | 553 | | 524insurance premiums and provider rates; (11) the development and status of provider |
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554 | 554 | | 525organizations in the commonwealth including, but not limited to, acquisitions, mergers, |
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555 | 555 | | 526consolidations and any evidence of excess consolidation or anti-competitive behavior by |
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556 | 556 | | 527provider organizations; and (12) the impact of health care payment and delivery reform on the |
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557 | 557 | | 528quality of care delivered in the commonwealth. |
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558 | 558 | | 529 As part of its annual report, the center shall report on price variation between health care |
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559 | 559 | | 530providers, by payer and provider type. The center’s report shall include: (1) baseline information |
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560 | 560 | | 531about price variation between health care providers by payer including, but not limited to, |
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561 | 561 | | 532identifying providers or provider organizations that are paid more than 10 per cent above or more |
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562 | 562 | | 533than 10 per cent below the average relative price and identifying payers which have entered into |
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563 | 563 | | 534alternative payment contracts that vary by more than 10 per cent; (2) the annual change in price |
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564 | 564 | | 535variation, by payer, among the payer’s participating providers; (3) factors that contribute to price 27 of 45 |
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565 | 565 | | 536variation in the commonwealth’s health care system; (4) the impact of price variations on |
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566 | 566 | | 537disproportionate share hospitals and other safety net providers; and (5) the impact of health |
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567 | 567 | | 538reform efforts on price variation including, but not limited to, the impact of increased price |
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568 | 568 | | 539transparency, increased prevalence of alternative payment contracts and increased prevalence of |
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569 | 569 | | 540accountable care organizations and patient centered medical homes. |
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570 | 570 | | 541 As part of its annual report, the center shall report on data and information received |
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571 | 571 | | 542pursuant to section 10A and input received pursuant to section 2A(c)(7), including an analysis of |
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572 | 572 | | 543the factors that may lead to health inequities for priority populations. |
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573 | 573 | | 544 The center shall publish and provide the report to health policy commission at least 30 |
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574 | 574 | | 545days before any hearing required under section 8 of chapter 6D. The center may contract with an |
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575 | 575 | | 546outside organization with expertise in issues related to the topics of the hearings to produce this |
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576 | 576 | | 547report. |
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577 | 577 | | 548 The center shall publish the aggregate baseline expenditures starting in the 2025 annual |
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578 | 578 | | 549report. |
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579 | 579 | | 550 The center, in consultation with the commission, shall hold a public hearing and adopt or |
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580 | 580 | | 551amend rules and regulations establishing the methodology for calculating baseline and |
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581 | 581 | | 552subsequent years’ expenditures for individual health care entities within 90 days of the effective |
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582 | 582 | | 553date. |
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583 | 583 | | 554 The center, in consultation with the commission, shall determine the baseline |
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584 | 584 | | 555expenditures for individual health care entities and shall report to each health care entity its |
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585 | 585 | | 556respective baseline expenditures by not less than thirty days before publishing the results. 28 of 45 |
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586 | 586 | | 557 SECTION 35. Subsection (c) section 2GGGG of chapter 29 of the General Laws is |
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587 | 587 | | 558hereby amended by striking out, in line 36, “and (6) to improve the affordability and quality of |
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588 | 588 | | 559care” and inserting in place thereof the following words:- (6) to improve the affordability and |
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589 | 589 | | 560quality of care; and (7) to reduce identified disparities or otherwise advance equity in care |
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590 | 590 | | 561delivery. |
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591 | 591 | | 562 SECTION 36. Chapter 111 of the General Laws is hereby amended by inserting after |
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592 | 592 | | 563section 2J the following sections:- |
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593 | 593 | | 564 Section 2K. (a) As used in this section, the following words shall, unless the context |
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594 | 594 | | 565clearly requires otherwise, have the following meanings:- |
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595 | 595 | | 566 “Environmental justice population”, as defined in section 62 of chapter 30. |
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596 | 596 | | 567 "Health equity zone", a contiguous geographic area that: (1) demonstrates measurable |
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597 | 597 | | 568and documented health inequities and poor health outcomes (including disproportionately high |
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598 | 598 | | 569rates of maternal mortality and morbidity, infant and child health conditions, chronic and |
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599 | 599 | | 570infectious disease in the general population, oral health conditions, or behavioral health |
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600 | 600 | | 571conditions); and (2) meets criteria to be an environmental justice population or other definition of |
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601 | 601 | | 572social inequity as determined by the department. |
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602 | 602 | | 573 (b) There shall be established and set upon the books of the commonwealth a separate |
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603 | 603 | | 574fund to be known as the Health Equity Zone Trust Fund to be expended, without further |
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604 | 604 | | 575appropriation, by the department of public health. The fund shall consist of revenues collected by |
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605 | 605 | | 576the commonwealth including: (1) any revenue from appropriations or other monies authorized by |
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606 | 606 | | 577the general court and specifically designated to be credited to the fund; (2) any fines and |
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607 | 607 | | 578penalties allocated to the fund under the General Laws; (3) any funds from public and private 29 of 45 |
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608 | 608 | | 579sources such as gifts, grants and donations to further community-based prevention activities; (4) |
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609 | 609 | | 580any interest earned on such revenues; and (5) any funds provided from other sources, including |
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610 | 610 | | 581financial contributions from private organizations. |
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611 | 611 | | 582 The department of public health shall establish a framework to incentivize private sector |
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612 | 612 | | 583participation to implement the activities described in this section, that includes, but is not limited |
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613 | 613 | | 584to, establishing a mechanism to facilitate financial contributions from private organizations to the |
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614 | 614 | | 585Health Equity Zone Trust Fund to supplement public revenues allocated by the commonwealth, |
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615 | 615 | | 586and the ability of private organizations to participate as part of a multi-sector partnership, |
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616 | 616 | | 587consistent with subsection (e). |
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617 | 617 | | 588 The commissioner of public health, as trustee, shall administer the fund. The |
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618 | 618 | | 589commissioner, in consultation with the Health Equity Zone Advisory Board established under |
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619 | 619 | | 590section 2L, shall make expenditures from the fund consistent with subsection (e). |
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620 | 620 | | 591 (c) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall |
---|
621 | 621 | | 592not revert to the General Fund and shall be available for expenditure in the following fiscal year. |
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622 | 622 | | 593 (d) All expenditures from the Health Equity Zone Trust Fund shall support the state’s |
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623 | 623 | | 594efforts to address health disparities and develop a stronger evidence base of effective place-based |
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624 | 624 | | 595health equity interventions. |
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625 | 625 | | 596 (e) The purpose of the Health Equity Zone Trust Fund is to enable the creation of so- |
---|
626 | 626 | | 597called health equity zones, namely geographic areas where existing opportunities emerge and |
---|
627 | 627 | | 598investments are made to address inequities in health outcomes. The Health Equity Zone Trust |
---|
628 | 628 | | 599Fund will equip multi-sector partnerships which may include residents, businesses and other |
---|
629 | 629 | | 600private sector stakeholders, community-organizations, and municipal agencies to identify and 30 of 45 |
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630 | 630 | | 601create community determined solutions necessary to create just and fair conditions for health. |
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631 | 631 | | 602The Health Equity Zone Trust Fund shall prioritize investment in the communities that have been |
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632 | 632 | | 603systematically oppressed and where decades of disinvestment have created inequitable health |
---|
633 | 633 | | 604outcomes. |
---|
634 | 634 | | 605 The commissioner shall award not less than 85 per cent of the Health Equity Zone Trust |
---|
635 | 635 | | 606Fund through a competitive grant process to municipalities, community-based organizations, and |
---|
636 | 636 | | 607regional-planning agencies that apply for the implementation, technical assistance, and |
---|
637 | 637 | | 608evaluation of health equity activities, consistent with the below. To be eligible to receive a grant |
---|
638 | 638 | | 609under this subsection, a recipient shall be: (1) a community-based organization or group of |
---|
639 | 639 | | 610community-based organizations working in collaboration; (2) a community-based organization |
---|
640 | 640 | | 611working in collaboration with 1 or more municipality; or (3) a regional planning agency. |
---|
641 | 641 | | 612Expenditures from the fund for such purposes shall supplement and not replace existing local, |
---|
642 | 642 | | 613state, private or federal public health-related funding. |
---|
643 | 643 | | 614 (f) Priority shall be given to proposals in a geographic region of the state with a higher |
---|
644 | 644 | | 615than average prevalence of preventable health conditions (including oral and behavioral health |
---|
645 | 645 | | 616conditions), as determined by the commissioner of public health, in consultation with the Health |
---|
646 | 646 | | 617Equity Zone Advisory Board. If no proposals were offered in areas of the state with particular |
---|
647 | 647 | | 618need, the department shall ask for a specific request for proposal for that specific region. If the |
---|
648 | 648 | | 619commissioner determines that no suitable proposals have been received, such that the specific |
---|
649 | 649 | | 620needs remain unmet, the department may work directly with municipalities or community-based |
---|
650 | 650 | | 621organizations to develop grant proposals. The department should also gather feedback from |
---|
651 | 651 | | 622community-based organizations and municipalities in such region(s) in order to understand the |
---|
652 | 652 | | 623barriers to applying and make every effort to mitigate these barriers for future rounds of funding. 31 of 45 |
---|
653 | 653 | | 624 The department of public health shall, in consultation with the Health Equity Zone |
---|
654 | 654 | | 625Advisory Board, conduct a periodic review of the funding allocations, grant activities, and |
---|
655 | 655 | | 626progress being made by each grantee as well as the overall grant program, for the purposes of |
---|
656 | 656 | | 627program improvement. Each grantee shall participate in any evaluation, transparency and |
---|
657 | 657 | | 628accountability processes, and reporting requirements implemented or authorized by the |
---|
658 | 658 | | 629department in carrying out its duties to conduct the periodic review described herein, provided, |
---|
659 | 659 | | 630however, that the department shall make such evaluation, transparency and accountability |
---|
660 | 660 | | 631processes, and reporting requirements as minimally burdensome as is possible. |
---|
661 | 661 | | 632 (g) The department of public health shall, annually on or before January 31, report on |
---|
662 | 662 | | 633expenditures from the Health Equity Zone Trust Fund. The report shall include, but not be |
---|
663 | 663 | | 634limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable |
---|
664 | 664 | | 635to the administrative costs of the department of public health; (3) an itemized list of the funds |
---|
665 | 665 | | 636expended through the competitive grant process and a description of the grantee activities; (4) |
---|
666 | 666 | | 637the results of the evaluation assessing the activities funded through grants conducted pursuant to |
---|
667 | 667 | | 638the periodic review described in subsection (f); and (5) an itemized list of expenditures used to |
---|
668 | 668 | | 639support place-based health equity interventions. The report shall be provided to the chairpersons |
---|
669 | 669 | | 640of the house and senate committees on ways and means and the joint committee on public health |
---|
670 | 670 | | 641and shall be posted on the department of public health’s website. |
---|
671 | 671 | | 642 (h) The department of public health shall, under the advice and guidance of the Health |
---|
672 | 672 | | 643Equity Zone Advisory Board, regularly report on its strategy for administration and allocation of |
---|
673 | 673 | | 644the fund, including relevant evaluation criteria. The report shall set forth the rationale for such |
---|
674 | 674 | | 645strategy. 32 of 45 |
---|
675 | 675 | | 646 (i) The department of public health shall promulgate regulations necessary to carry out |
---|
676 | 676 | | 647this section. |
---|
677 | 677 | | 648 Section 2L. There shall be a Health Equity Zone Advisory Board to make |
---|
678 | 678 | | 649recommendations to the commissioner concerning the administration and allocation of the |
---|
679 | 679 | | 650Health Equity Zone Trust Fund established in section 2K, establish evaluation criteria, and |
---|
680 | 680 | | 651perform any other functions specifically granted to it by law. |
---|
681 | 681 | | 652 The board shall consist of: the commissioner of public health or a designee, who shall |
---|
682 | 682 | | 653serve as co-chairperson; and 10 persons to be appointed by the commissioner through a public |
---|
683 | 683 | | 654nomination process, 4 of whom shall be community representatives with lived experience of |
---|
684 | 684 | | 655health inequities in their communities (one of whom shall serve as co-chair); 1 of whom shall be |
---|
685 | 685 | | 656a person with expertise in the field of health equity; 1 of whom shall be a person from a local |
---|
686 | 686 | | 657board of health for a city or town with a population greater than 50,000; 1 of whom shall be a |
---|
687 | 687 | | 658person of a board of health for a city or town with a population of fewer than 50,000; 1 of whom |
---|
688 | 688 | | 659shall be a person from a hospital association; 1 of whom shall be a person from a statewide |
---|
689 | 689 | | 660public health organization; 1 of whom shall be a representative of a community development |
---|
690 | 690 | | 661corporation or association representing community development corporations and 1 of whom |
---|
691 | 691 | | 662shall be a community health worker or a person from an association representing community |
---|
692 | 692 | | 663health workers. Criteria for selection of members shall consider diversity of geography; diversity |
---|
693 | 693 | | 664by race, ethnicity, gender, and ability; expertise in program design and implementation; expertise |
---|
694 | 694 | | 665in health equity; expertise in utilizing policy, systems and environmental strategies to address |
---|
695 | 695 | | 666health inequities. All community representatives serving on the board shall be compensated for |
---|
696 | 696 | | 667their time at an amount determined by the Commissioner. 33 of 45 |
---|
697 | 697 | | 668 SECTION 37. Subsection (g) of section 25C of chapter 111 of the General Laws is |
---|
698 | 698 | | 669hereby amended by inserting after “account”, in line 103, the following words:- the findings of |
---|
699 | 699 | | 670the health equity assessment described in subsection (o) and. |
---|
700 | 700 | | 671 SECTION 38. Said subsection (g) of section 25C of chapter 111, as so appearing, is |
---|
701 | 701 | | 672hereby amended by striking out, in line 104, “from” and inserting in place thereof the following |
---|
702 | 702 | | 673words:- “from the office of equity,”. |
---|
703 | 703 | | 674 SECTION 39. Clause (ii) of paragraph (4) of subsection (a) of section 25L of chapter |
---|
704 | 704 | | 675111, as so appearing, is hereby amended by striking out, in line 47, “comprehensive recruitment |
---|
705 | 705 | | 676initiatives” and inserting in place thereof the following words:- comprehensive recruitment |
---|
706 | 706 | | 677initiatives (including initiatives to support the recruitment and retention of individuals, |
---|
707 | 707 | | 678notwithstanding immigration status, who work in health care settings and are from priority |
---|
708 | 708 | | 679populations). |
---|
709 | 709 | | 680 SECTION 40. Chapter 112 of the General Laws is hereby amended by inserting after |
---|
710 | 710 | | 681section 51A the following section:- |
---|
711 | 711 | | 682 Section 51B. (a) As used in this section, the following words shall have the following |
---|
712 | 712 | | 683meanings: |
---|
713 | 713 | | 684 “Board”, each board of registration authorized to establish continuing education |
---|
714 | 714 | | 685requirements for healthcare professions under this chapter (as determined by the commissioner |
---|
715 | 715 | | 686of public health) and the Massachusetts Board of Registration in Medicine. |
---|
716 | 716 | | 687 “Cultural safety”, an examination by health care professionals of themselves and the |
---|
717 | 717 | | 688potential impact of their own culture on clinical interactions and health care service delivery. 34 of 45 |
---|
718 | 718 | | 689This requires individual health care professionals and health care organizations to acknowledge |
---|
719 | 719 | | 690and address their own biases, attitudes, assumptions, stereotypes, prejudices, structures, and |
---|
720 | 720 | | 691characteristics that may affect the quality of care provided. In doing so, cultural safety |
---|
721 | 721 | | 692encompasses a critical consciousness where health care professionals and health care |
---|
722 | 722 | | 693organizations engage in ongoing self-reflection and self-awareness and hold themselves |
---|
723 | 723 | | 694accountable for providing culturally safe care, as defined by the patient and their communities, |
---|
724 | 724 | | 695and as measured through progress towards achieving health equity. Cultural safety requires |
---|
725 | 725 | | 696health care professionals and their associated health care organizations to influence health care to |
---|
726 | 726 | | 697reduce bias and achieve equity within the workforce and working environment. |
---|
727 | 727 | | 698 “Structural competency”, a shift in medical education away from pedagogic approaches |
---|
728 | 728 | | 699to stigma and inequalities that emphasize cross-cultural understandings of individual patients, |
---|
729 | 729 | | 700toward attention to forces that influence health outcomes at levels above individual interactions. |
---|
730 | 730 | | 701Structural competency reviews existing structural approaches to stigma and health inequities |
---|
731 | 731 | | 702developed outside of medicine and proposes changes to United States medical education that will |
---|
732 | 732 | | 703infuse clinical training with a structural focus. |
---|
733 | 733 | | 704 (b) By January 1, 2028, the board shall adopt rules requiring a licensee to complete health |
---|
734 | 734 | | 705equity continuing education training at least once per licensing cycle, as determined by the |
---|
735 | 735 | | 706licensing requirements for each respective profession. |
---|
736 | 736 | | 707 (c) Health equity continuing education courses may be taken in addition to or, if the |
---|
737 | 737 | | 708board determines the course fulfills existing continuing education requirements, in place of other |
---|
738 | 738 | | 709continuing education requirements imposed by the board. 35 of 45 |
---|
739 | 739 | | 710 (d)(1) The secretary and the board must work collaboratively to provide information to |
---|
740 | 740 | | 711licensees about available courses. The secretary and board shall consult with patients from |
---|
741 | 741 | | 712priority populations and communities with lived experiences of health inequities or racism in the |
---|
742 | 742 | | 713health care system and relevant professional organizations when developing the information and |
---|
743 | 743 | | 714must make this information available by July 1, 2027. The information should include a course |
---|
744 | 744 | | 715option that is free of charge to licensees. |
---|
745 | 745 | | 716 (2) By January 1, 2028, the department, in consultation with the board, shall adopt model |
---|
746 | 746 | | 717rules establishing the minimum standards for continuing education programs meeting the |
---|
747 | 747 | | 718requirements of this section. The department shall consult with patients and communities with |
---|
748 | 748 | | 719lived experience of health inequities or racism in the health care system, relevant professional |
---|
749 | 749 | | 720organizations, and the board in the development of these rules. |
---|
750 | 750 | | 721 (3) The minimum standards must include instruction on skills to address the structural |
---|
751 | 751 | | 722factors, such as bias, racism, ableism, and poverty, that manifest as health inequities. These skills |
---|
752 | 752 | | 723include individual-level and system-level intervention, and self-reflection to assess how the |
---|
753 | 753 | | 724licensee’s social position can influence their relationship with patients and their communities. |
---|
754 | 754 | | 725These skills enable a health care professional to care effectively for patients from diverse |
---|
755 | 755 | | 726cultures, groups, and communities, varying in race, ethnicity, gender identity, sexuality, religion, |
---|
756 | 756 | | 727age, ability, socioeconomic status, and other categories of identity. The courses must assess the |
---|
757 | 757 | | 728licensee’s ability to apply health equity concepts into practice. Course topics may include, but |
---|
758 | 758 | | 729are not limited to: (A) strategies for recognizing patterns of health care disparities on an |
---|
759 | 759 | | 730individual, institutional, and structural level and eliminating factors that influence them; (B) |
---|
760 | 760 | | 731intercultural communication skills training, including how to work effectively with an interpreter |
---|
761 | 761 | | 732and how communication styles differ across cultures; (C) implicit bias training to identify 36 of 45 |
---|
762 | 762 | | 733strategies to reduce bias during assessment and diagnosis; (D) methods for addressing the |
---|
763 | 763 | | 734emotional well-being of children and youth of diverse backgrounds; (E) ensuring equity and |
---|
764 | 764 | | 735antiracism in care delivery pertaining to medical developments and emerging therapies; (F) |
---|
765 | 765 | | 736structural competency training addressing five core competencies, which are: (i) recognizing the |
---|
766 | 766 | | 737structures that shape clinical interactions; (ii) developing an extra clinical language of structure; |
---|
767 | 767 | | 738(iii) rearticulating cultural formulations in structural terms; (iv) observing and imagining |
---|
768 | 768 | | 739structural interventions; and (v) developing structural humility; (G) cultural safety training; and |
---|
769 | 769 | | 740(H) providing effective care to individuals with disabilities and behavioral health diagnoses. |
---|
770 | 770 | | 741 (e) The board may adopt rules to implement and administer this section, including rules |
---|
771 | 771 | | 742to establish a process to determine if a continuing education course meets the health equity |
---|
772 | 772 | | 743continuing education requirement established in this section. |
---|
773 | 773 | | 744 |
---|
774 | 774 | | 745 SECTION 41. Chapter 118E of the General Laws is hereby amended by adding after |
---|
775 | 775 | | 746section 16D the following sections:- |
---|
776 | 776 | | 747 Section 16E. (a) Notwithstanding any other law, there is hereby established a program of |
---|
777 | 777 | | 748comprehensive health coverage for children and young adults under the age of 21 who are |
---|
778 | 778 | | 749residents of the commonwealth, as defined under section 8 of this chapter, who are not otherwise |
---|
779 | 779 | | 750eligible for comprehensive benefits under Title XIX or XXI of the Social Security Act or under |
---|
780 | 780 | | 751the demonstration pursuant to Section 9A of this chapter solely due to their immigration status. |
---|
781 | 781 | | 752Children and young adults shall be eligible to receive comprehensive MassHealth benefits |
---|
782 | 782 | | 753equivalent to the benefits available to individuals of like age and income under categorical and 37 of 45 |
---|
783 | 783 | | 754financial eligibility requirements established by the executive office pursuant to said Title XIX |
---|
784 | 784 | | 755and Title XXI. |
---|
785 | 785 | | 756 (b) The executive office shall maximize federal financial participation for the benefits |
---|
786 | 786 | | 757provided under this section, however benefits under this section shall not be conditioned on the |
---|
787 | 787 | | 758availability of federal financial participation. |
---|
788 | 788 | | 759 (c) The program shall be implemented no later than January 1, 2027. |
---|
789 | 789 | | 760 Section 16F. (a) Notwithstanding any other law, there is hereby established a program of |
---|
790 | 790 | | 761comprehensive health coverage for individuals who are residents of the commonwealth, as |
---|
791 | 791 | | 762defined under section 8 of chapter 118E, who are not otherwise eligible for comprehensive |
---|
792 | 792 | | 763benefits under Title XIX or XXI of the Social Security Act or under the demonstration pursuant |
---|
793 | 793 | | 764to Section 9A of chapter 118E solely due to their immigration status, except in the case of |
---|
794 | 794 | | 765children or young adults otherwise eligible for comprehensive health coverage pursuant to |
---|
795 | 795 | | 766section 16E. Such individuals shall be eligible to receive comprehensive MassHealth benefits |
---|
796 | 796 | | 767equivalent to the benefits available to individuals of like age and income under categorical and |
---|
797 | 797 | | 768financial eligibility requirements established by the Executive Office pursuant to said Title XIX |
---|
798 | 798 | | 769and Title XXI. |
---|
799 | 799 | | 770 (b) The Executive Office shall maximize federal financial participation for the benefits |
---|
800 | 800 | | 771provided under this section, provided, however, that benefits under this section shall not be |
---|
801 | 801 | | 772conditioned on the availability of federal financial participation. |
---|
802 | 802 | | 773 (c) The program shall be implemented no later than January 1, 2027. 38 of 45 |
---|
803 | 803 | | 774 SECTION 42. Paragraph (5) of section 36 of chapter 118E of the General Laws, as so |
---|
804 | 804 | | 775appearing, is hereby amended by striking out, in line 14, “.” and inserting in place thereof the |
---|
805 | 805 | | 776following:- ;. |
---|
806 | 806 | | 777 SECTION 43. Said section 36 of said chapter 118E, as so appearing, is hereby amended |
---|
807 | 807 | | 778by inserting after said paragraph (5) the following paragraphs:- |
---|
808 | 808 | | 779 (6) with respect to institutional providers, agree to implement measurable diversity, |
---|
809 | 809 | | 780equity, and inclusion initiatives (including recruitment, hiring, and retention); and |
---|
810 | 810 | | 781 (7) with respect to institutional providers, agree to expand mental health and wellness |
---|
811 | 811 | | 782benefits for employees. |
---|
812 | 812 | | 783 SECTION 44. Section 76 of chapter 260 of the Acts of 2020 is hereby amended by |
---|
813 | 813 | | 784striking out the words “Sections 63 and 69 are hereby repealed” and inserting in place thereof the |
---|
814 | 814 | | 785following words:- Section 63 is hereby repealed. |
---|
815 | 815 | | 786 SECTION 45. (a) The first sentence of the first paragraph of section 410 of chapter 159 |
---|
816 | 816 | | 787of the Acts of 2000 is hereby amended by striking out “in nursing homes,” and inserting in place |
---|
817 | 817 | | 788thereof the following words:- in nursing homes, in safety net hospitals, community health |
---|
818 | 818 | | 789centers, and other providers (as determined by the Corporation). |
---|
819 | 819 | | 790 (b) The first sentence of the second paragraph of said section 410 of said chapter 159 is |
---|
820 | 820 | | 791hereby amended by striking out “nursing homes or consortiums of nursing homes” and inserting |
---|
821 | 821 | | 792in place thereof the following words:- nursing homes or consortiums of nursing homes, safety |
---|
822 | 822 | | 793net hospitals, community health centers, other providers as determined by the Corporation, and |
---|
823 | 823 | | 794consortiums of each such entity. 39 of 45 |
---|
824 | 824 | | 795 (c) The first sentence of the third paragraph of said section 410 of said chapter 159 is |
---|
825 | 825 | | 796hereby amended by striking out “nursing homes and nursing home employees” and inserting in |
---|
826 | 826 | | 797place thereof the following words:- nursing homes, safety net hospitals, community health |
---|
827 | 827 | | 798centers, other providers determined by the Corporation and employees of such entities. |
---|
828 | 828 | | 799 SECTION 46. Notwithstanding any general or special law to the contrary, the |
---|
829 | 829 | | 800commissioner of public health, in consultation with the assistant secretary for MassHealth, shall |
---|
830 | 830 | | 801develop standardized, tiered, and stackable credentials for certification of lower-wage positions |
---|
831 | 831 | | 802furnishing services funded through the MassHealth program. |
---|
832 | 832 | | 803 SECTION 47. (a) Notwithstanding any general or special law to the contrary, the |
---|
833 | 833 | | 804secretary of health and human services or designee shall, subject to appropriation, provide |
---|
834 | 834 | | 805funding, in consultation with the secretary of equity and commissioner of public health, to safety |
---|
835 | 835 | | 806net hospitals and community-based providers with a high Medicaid payer mix (as determined by |
---|
836 | 836 | | 807the secretary) to advance health equity and to address disparities in resources for facilities |
---|
837 | 837 | | 808serving priority populations who predominantly rely on Medicaid. In providing such funding, |
---|
838 | 838 | | 809the secretary shall prioritize safety net hospitals that: (1) have a high Medicaid payer mix; (2) |
---|
839 | 839 | | 810have an average statewide average acute hospital commercial relative price of less than 0.90 (as |
---|
840 | 840 | | 811calculated by the center for health information and analysis); and (3) are not a part of a large |
---|
841 | 841 | | 812health system (as determined by the secretary). Such support may be used as the safety net |
---|
842 | 842 | | 813hospital or community-based provider determines appropriate, including for such purposes as |
---|
843 | 843 | | 814patient care operations, access, infrastructure, or capacity building. 40 of 45 |
---|
844 | 844 | | 815 (b) The executive office shall maximize federal financial participation for the funding |
---|
845 | 845 | | 816under this section, provided, however, that funding under this section shall not be conditioned on |
---|
846 | 846 | | 817the availability of federal financial participation. |
---|
847 | 847 | | 818 SECTION 48. (a) Notwithstanding any general or special law to the contrary, the |
---|
848 | 848 | | 819assistant secretary for MassHealth shall establish payment models that incentivize the integration |
---|
849 | 849 | | 820of behavioral health, oral health, and pharmacy services in primary care settings under the |
---|
850 | 850 | | 821MassHealth program. |
---|
851 | 851 | | 822 (b) The executive office shall maximize federal financial participation for the benefits |
---|
852 | 852 | | 823provided under this section, provided, however, that benefits under this section shall not be |
---|
853 | 853 | | 824conditioned on the availability of federal financial participation. |
---|
854 | 854 | | 825 SECTION 49. Section 259 of Chapter 112 of the General Laws is hereby amended by |
---|
855 | 855 | | 826striking out the definition of “Core competencies” and inserting in place thereof the following:- |
---|
856 | 856 | | 827 ''Core competencies'', a set of overlapping and mutually reinforcing skills and knowledge |
---|
857 | 857 | | 828essential for effective community health work in core areas that include, but are not limited to: |
---|
858 | 858 | | 829 (a) outreach methods and strategies; |
---|
859 | 859 | | 830 (b) client and community assessment; |
---|
860 | 860 | | 831 (c) effective communication; |
---|
861 | 861 | | 832 (d) culturally-based communication and care; |
---|
862 | 862 | | 833 (e) health education for behavior change; |
---|
863 | 863 | | 834 (f) support, advocacy and coordination of care for clients; 41 of 45 |
---|
864 | 864 | | 835 (g) application of public health concepts and approaches; |
---|
865 | 865 | | 836 (h) community capacity building; |
---|
866 | 866 | | 837 (i) writing and technical communication skills; and |
---|
867 | 867 | | 838 (j) patient navigation services. |
---|
868 | 868 | | 839 SECTION 50. Section 259 of said Chapter 112 of the General Laws is hereby further |
---|
869 | 869 | | 840amended by inserting after the definition of “Core competencies” the following definition:- |
---|
870 | 870 | | 841 “Patient navigation services, the following services furnished by a community health |
---|
871 | 871 | | 842worker to patients in their communities: |
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872 | 872 | | 843 a) Services to prevent or screen for chronic diseases and services designed to slow the |
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873 | 873 | | 844progression of chronic diseases; and |
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874 | 874 | | 845 b) Screenings for nonclinical and social needs and referrals to appropriate services and |
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875 | 875 | | 846agencies to meet those needs. |
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876 | 876 | | 847 SECTION 51. Section 260 of said chapter 112 is hereby amended by striking out the |
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877 | 877 | | 848third paragraph in its entirety. |
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878 | 878 | | 849 SECTION 52. Notwithstanding any general or special law to the contrary, the group |
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879 | 879 | | 850insurance commission public employee plans under Chapter 32A; the division of medical |
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880 | 880 | | 851assistance under chapter 118E and its contracted health insurers, health plans, health |
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881 | 881 | | 852maintenance organizations, behavioral health management firms and third-party administrators |
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882 | 882 | | 853under contract to a Medicaid managed care organization or primary care clinician plan; insurance |
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883 | 883 | | 854companies organized under Chapter 175; non-profit hospital service corporations organized 42 of 45 |
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884 | 884 | | 855under Chapter 176A; medical service corporations organized under chapter 176B; and health |
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885 | 885 | | 856maintenance organizations organized under chapter 176G shall not decline to provide coverage |
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886 | 886 | | 857and reimbursement for covered health care services solely on the basis that those services were |
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887 | 887 | | 858delivered by a certified community health worker, as defined by Section 259 of Chapter 112, |
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888 | 888 | | 859employed by health care providers or provider groups, including but not limited, an acute care |
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889 | 889 | | 860hospital, health system, community health center, school-based health center, community |
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890 | 890 | | 861behavioral health center, community mental health center, or behavioral health community |
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891 | 891 | | 862partner. |
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892 | 892 | | 863 SECTION 53. Section 13F of Chapter 118E of the General Laws is hereby amended by |
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893 | 893 | | 864adding at the end of the first paragraph the following sentence: |
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894 | 894 | | 865 Provided however, the costs of providing competent interpreter services through sign and |
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895 | 895 | | 866spoken languages by facilities licensed under section 19 of chapter 19 of the general laws or |
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896 | 896 | | 867Section 51 of Chapter 111 of the general laws, shall be recognized and separately reimbursed by |
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897 | 897 | | 868the division and its contracted health insurers, health plans, health maintenance organizations, |
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898 | 898 | | 869behavioral health management firms and third party contractors under contract to a division |
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899 | 899 | | 870managed care organization or primary care clinician program. |
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900 | 900 | | 871 SECTION 54. Notwithstanding any general or special law, rule or regulation to the |
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901 | 901 | | 872contrary, “Carriers” and “Behavioral Health Managers” as defined in Section 1 of Chapter 176O |
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902 | 902 | | 873and their contractors, shall recognize and separately reimburse facilities licensed under section |
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903 | 903 | | 87419 of Chapter 19 of the general laws or Section 51 of Chapter 111 of the general laws for the |
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904 | 904 | | 875costs of providing competent interpreter services through sign and spoken languages. 43 of 45 |
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905 | 905 | | 876 SECTION 55. (a) Notwithstanding any general or special law to the contrary, the |
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906 | 906 | | 877appointive boards and commissions of the commonwealth identified pursuant to subsection (b) |
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907 | 907 | | 878shall, to the extent practicable, be composed of at least 50 percent women, and at least 25 percent |
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908 | 908 | | 879Black, Indigenous, or other people of color. The appointing authorities for the board shall consult |
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909 | 909 | | 880each other to ensure compliance with this provision. |
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910 | 910 | | 881 (b) For purposes of subsection (a), the appointive boards and commissions of the |
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911 | 911 | | 882commonwealth identified in this subsection are the following: |
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912 | 912 | | 883 (1) the governing board of the health policy commission under section 2 of chapter 6D of |
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913 | 913 | | 884the General Laws; |
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914 | 914 | | 885 (2) the advisory board to the executive office of equity under section 5 of chapter 6F of |
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915 | 915 | | 886the General Laws; |
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916 | 916 | | 887 (3) the health information and analysis oversight council under section 2A of chapter 12C |
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917 | 917 | | 888of the General Laws; |
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918 | 918 | | 889 (4) each board of registration under the bureau of health professions licensure and the |
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919 | 919 | | 890board of registration in medicine; |
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920 | 920 | | 891 (5) the public health council under section 3 of chapter 17 of the General Laws; and |
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921 | 921 | | 892 (6) any other board or commission under the supervision of the commissioner of public |
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922 | 922 | | 893health that the commissioner determines appropriate. |
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923 | 923 | | 894 SECTION 56. (a) On an annual basis, each carrier shall report to the division the drugs |
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924 | 924 | | 895selected to be provided with no or limited cost-sharing under section 17S of chapter 32A, section |
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925 | 925 | | 89610O of chapter 118E, section 47PP of 175, section 8RR of 176A, section 4RR of 176B, and 44 of 45 |
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926 | 926 | | 897section 4HH of 176G. The commissioner shall review the drugs to verify that the selected drugs |
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927 | 927 | | 898meet the criteria identified in those sections. Should a selected drug be deemed by the |
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928 | 928 | | 899commissioner to not meet the criteria, the commissioner may require a different drug to be |
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929 | 929 | | 900selected. The commissioner shall disclose the list of drugs selected by each entity annually on the |
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930 | 930 | | 901division’s website. |
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931 | 931 | | 902 SECTION 57. Chapter 118E of the General Laws is hereby amended by adding at the end |
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932 | 932 | | 903thereof, the following Section:- |
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933 | 933 | | 904 Section 83. (a) The office shall make Graduate Medical Education payments for primary |
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934 | 934 | | 905care, including but not limited to internists, family medicine, pediatrics, and gerontology, |
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935 | 935 | | 906behavioral health, maternal health, including obstetrics and gynecology, and other physician |
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936 | 936 | | 907residency training in fields experiencing physician shortages, as determined by the secretary; |
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937 | 937 | | 908provided, that said payments may support community-based training for other health |
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938 | 938 | | 909professionals, including but not limited to, family medicine nurse practitioners, sexual and |
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939 | 939 | | 910reproductive health practitioners, ophthalmologists, optometrists, dentists, and dental hygienists. |
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940 | 940 | | 911Eligible recipients shall include community health centers and hospitals licensed in the |
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941 | 941 | | 912Commonwealth. Payments shall take into consideration MassHealth utilization and primary care, |
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942 | 942 | | 913behavioral health, and maternal health, including obstetrics and gynecology, and other physician |
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943 | 943 | | 914residency training in fields experiencing physician shortages; provided further, that the executive |
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944 | 944 | | 915office will prioritize placements at community-based settings, at organizations that serve a high |
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945 | 945 | | 916public payer mix. |
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946 | 946 | | 917 (b) No later than July 1, 2025, the secretary, in consultation with the executive office of |
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947 | 947 | | 918administration and finance, shall identify an adequate amount of annual Medicaid graduate 45 of 45 |
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948 | 948 | | 919medical education funding necessary to fulfill the requirements of this section, as well as state |
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949 | 949 | | 920and other funding sources for use for graduate medical education expenditures. The secretary |
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950 | 950 | | 921shall report its recommendations to the joint committee on healthcare finance and committees on |
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951 | 951 | | 922ways and means. |
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952 | 952 | | 923 (c) The first annual payment to qualifying acute care hospitals and community health |
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953 | 953 | | 924centers under this section shall be made no later than October 1, 2025. |
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954 | 954 | | 925 SECTION 58. Sections 5, 8, and 31 shall take effect 90 days after passage of this act. |
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955 | 955 | | 926 SECTION 59. Sections 6, 7, 9, 10, 11, 12, , 34, 39, 42, 43, 45, 46, and 55 shall take |
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956 | 956 | | 927effect 180 days after passage of this act. |
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957 | 957 | | 928 SECTION 60. Sections 29, 32, 33, and 48 shall take effect 1 year after passage of this act. |
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958 | 958 | | 929 SECTION 61. Section 23 shall take effect on January 1, 2027. |
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