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2 | 2 | | HOUSE DOCKET, NO. 138 FILED ON: 1/6/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1417 |
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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 |
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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 Hampden1/6/2025Lindsay N. Sabadosa1st Hampshire1/15/2025 1 of 39 |
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16 | 16 | | HOUSE DOCKET, NO. 138 FILED ON: 1/6/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1417 |
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18 | 18 | | By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1417) of |
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19 | 19 | | Bud L. Williams and Lindsay N. Sabadosa for legislation to advance health equity and to |
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20 | 20 | | establish a secretary of equity. Health Care Financing. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 1250 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to advance health equity. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 17A of chapter 6 of the General Laws, as appearing in the 2020 |
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32 | 32 | | 2Official Edition, is hereby amended by inserting after “the secretary of energy and environmental |
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33 | 33 | | 3affairs,”, in line 4, the following words:- the secretary of equity,. |
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34 | 34 | | 4 SECTION 2. Section 2 of chapter 6A of the General Laws, as appearing in the 2020 |
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35 | 35 | | 5Official Edition, is hereby amended by inserting after “energy and environmental affairs,”, in |
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36 | 36 | | 6line 3, the following word:- equity,. |
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37 | 37 | | 7 SECTION 3. Section 1 of chapter 6D, as appearing in the 2020 Official Edition, is |
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38 | 38 | | 8hereby further amended by inserting after the definition of “Health care services” the following |
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39 | 39 | | 9definition:- 2 of 39 |
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40 | 40 | | 10 “Health equity”, as defined in section 1 of chapter 6F. |
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41 | 41 | | 11 SECTION 4. Said section 1 of said chapter 6D, as so appearing, is hereby further |
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42 | 42 | | 12amended by inserting after the definition of “Primary care provider” the following definition:- |
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43 | 43 | | 13 “Priority population”, a population that is disproportionately impacted by health |
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44 | 44 | | 14disparities. |
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45 | 45 | | 15 SECTION 5. Subsection (b) of section 2 of said chapter 6D, as so appearing, is hereby |
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46 | 46 | | 16amended by inserting after the word “chairperson”, in line 12, the following words:- and 1 of |
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47 | 47 | | 17whom shall have professional experience related to health equity and be Black, Indigenous, or a |
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48 | 48 | | 18person of color. |
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49 | 49 | | 19 SECTION 6. Clause (iv) of the fourth paragraph of subsection (e) of said section 2 of |
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50 | 50 | | 20said chapter 6D, as so appearing, is hereby amended by striking out, in line 115, the word “and”, |
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51 | 51 | | 21and by inserting after said clause (iv) the following clause:- |
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52 | 52 | | 22 (v) incorporate health equity into the exercising of powers and duties under this chapter; |
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53 | 53 | | 23and. |
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54 | 54 | | 24 SECTION 7. Said subsection (e) of said section 2 of said chapter 6D, as so appearing, is |
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55 | 55 | | 25hereby further amended by redesignating clause (v), as inserted by section 15 of chapter 224 of |
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56 | 56 | | 26the acts of 2012, as clause (vi). |
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57 | 57 | | 27 SECTION 8. Subsection (g) of said section 2 of said chapter 6D, as so appearing, is |
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58 | 58 | | 28hereby amended by striking out, in line 140, “,” and inserting in place thereof the following |
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59 | 59 | | 29words:- , including a chief health equity officer to assist in the carrying out of powers and duties |
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60 | 60 | | 30relating to reducing health inequities experienced by priority populations. 3 of 39 |
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61 | 61 | | 31 SECTION 9. Section 3 of said chapter 6D, as so appearing, is hereby amended in |
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62 | 62 | | 32subsection (k) by striking out, in line 38, the word “and”, in subsection (l) by striking out, in line |
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63 | 63 | | 3341, “.” and inserting in place thereof the word:- ; and. |
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64 | 64 | | 34 SECTION 10. Said section 3 of said chapter 6D, as so appearing, is hereby amended by |
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65 | 65 | | 35inserting after said subsection (l) the following subsection:- |
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66 | 66 | | 36 (m) to incorporate health equity into the exercising of powers and duties under this |
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67 | 67 | | 37chapter. |
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68 | 68 | | 38 SECTION 11. Section 4 of said chapter 6D, as so appearing, is hereby amended by |
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69 | 69 | | 39inserting after “commission”, in line 3, the following words:- , including policies relating to |
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70 | 70 | | 40reducing health inequities experienced by priority populations. |
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71 | 71 | | 41 SECTION 12. Section 5 of said chapter 6D, as so appearing, is hereby amended by |
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72 | 72 | | 42striking out, in line 11, “services” and inserting in place thereof the following words:- “services, |
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73 | 73 | | 43including such access for priority populations to ensure health equity”. |
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74 | 74 | | 44 SECTION 13. Subsection (d) of section 7 of said chapter 6D, as so appearing, is hereby |
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75 | 75 | | 45amended by striking out, in line 35, “those treatments; and (vi)” and inserting in place thereof the |
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76 | 76 | | 46following words:- those treatments; (vi) to reduce identified disparities or otherwise advance |
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77 | 77 | | 47equity in care delivery; and (vii). |
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78 | 78 | | 48 SECTION 14. Subsection (a) of section 8 of said chapter 6D, as so appearing, is hereby |
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79 | 79 | | 49amended by striking out, in line 6, “shall examine” and inserting in place thereof the following |
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80 | 80 | | 50words:- shall examine: (1). 4 of 39 |
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81 | 81 | | 51 SECTION 15. Said subsection (a) of said section 8 of said chapter 6D, as so appearing, is |
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82 | 82 | | 52hereby amended by striking out, in line 9, “health care system” and inserting in place thereof the |
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83 | 83 | | 53following words:- health care system; and (2) health inequities experienced by priority |
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84 | 84 | | 54populations. |
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85 | 85 | | 55 SECTION 16. Clause (i) of subsection (e) of said section 8 of said chapter 6D, as so |
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86 | 86 | | 56appearing, is hereby amended by striking out, in line 45, “and the impact of price transparency |
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87 | 87 | | 57on prices” and inserting in place thereof the following words:- , the impact of price transparency |
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88 | 88 | | 58on prices, and efforts to reduce health inequities experienced by priority populations. |
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89 | 89 | | 59 SECTION 17. Clause (ii) of said subsection (e) of said section 8 of said chapter 6D, as so |
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90 | 90 | | 60appearing, is hereby amended by striking out, in line 58, “and any” and inserting in place thereof |
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91 | 91 | | 61the following words:- , efforts to reduce health inequities experienced by priority populations, |
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92 | 92 | | 62and any. |
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93 | 93 | | 63 SECTION 18. Subsection (g) of said section 8 of said chapter 6D, as so appearing, is |
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94 | 94 | | 64hereby amended by striking out, in lines 93 to 96, “annual report concerning spending trends and |
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95 | 95 | | 65underlying factors, along with any recommendations for strategies to increase the efficiency of |
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96 | 96 | | 66the health care system” and inserting in place thereof the following words: annual report |
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97 | 97 | | 67concerning: (1) spending trends and underlying factors (including estimates of the cost of |
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98 | 98 | | 68inequity for the purpose of identifying the impact of health disparities on total costs of care); (2) |
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99 | 99 | | 69any recommendations for strategies to increase the efficiency of the health care system; and (3) |
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100 | 100 | | 70any recommendations to reduce health inequities for priority populations based on data and input |
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101 | 101 | | 71received pursuant to sections 10A and 2A(c)(7), respectively. 5 of 39 |
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102 | 102 | | 72 SECTION 19. Said subsection (g) of said section 8 of said chapter 6D, as so appearing, is |
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103 | 103 | | 73hereby amended by striking out, in line 100, “sections 8, 9 and 10” and inserting in place |
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104 | 104 | | 74thereof:- sections 2A(c)(7), 8, 9, 10, and 10A. |
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105 | 105 | | 75 SECTION 20. Said chapter 6D of the General Laws is hereby further amended by |
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106 | 106 | | 76inserting after section 9 the following section:- |
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107 | 107 | | 77 Section 9A. (a) The board shall establish aggregate primary care and behavioral health |
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108 | 108 | | 78expenditure targets for the commonwealth, which the commission shall prominently publish on |
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109 | 109 | | 79its website. |
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110 | 110 | | 80 (b) The commission shall establish the aggregate primary care and behavioral health |
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111 | 111 | | 81expenditure targets as follows: |
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112 | 112 | | 82 (1) For the 3-year period ending with calendar year 2026, the aggregate target shall be |
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113 | 113 | | 83equal to a 30 per cent increase above aggregate baseline expenditures and the target shall be |
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114 | 114 | | 84equal to a 30 per cent increase above baseline expenditures. |
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115 | 115 | | 85 (2) For calendar years 2027 and beyond, the commission may modify the target and |
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116 | 116 | | 86aggregate target, to be effective for a 3-year period provided that the target and aggregate target |
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117 | 117 | | 87shall be approved by a two-thirds vote of the board not later than December 31 of the final |
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118 | 118 | | 88calendar year of the preceding 3-year period. If the commission does not act to establish an |
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119 | 119 | | 89updated target and aggregate target pursuant to this subsection, the target shall be equal to a 30 |
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120 | 120 | | 90per cent increase above baseline expenditures, and the aggregate target shall be equal to a 30 per |
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121 | 121 | | 91cent increase above aggregate baseline expenditures until such time as the commission acts to |
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122 | 122 | | 92modify the target and aggregate target. If the commission modifies the target and aggregate 6 of 39 |
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123 | 123 | | 93target, the modification shall not take effect until the 3-year period beginning with the next full |
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124 | 124 | | 94calendar year. |
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125 | 125 | | 95 (c) Prior to establishing the target and aggregate target, the commission shall hold a |
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126 | 126 | | 96public hearing. The public hearing shall be based on the report submitted by the center under |
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127 | 127 | | 97section 16(a) of chapter 12C, comparing the actual aggregate expenditures on primary care and |
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128 | 128 | | 98behavioral health services to the aggregate target, any other data submitted by the center and |
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129 | 129 | | 99such other pertinent information or data as may be available to the board. The hearing shall |
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130 | 130 | | 100examine the performance of health care entities in meeting the target and the commonwealth’s |
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131 | 131 | | 101health care system in meeting the aggregate target. The commission shall provide public notice |
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132 | 132 | | 102of the hearing at least 45 days prior to the date of the hearing, including notice to the joint |
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133 | 133 | | 103committee on health care financing. The joint committee on health care financing may |
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134 | 134 | | 104participate in the hearing. The commission shall identify as witnesses for the public hearing a |
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135 | 135 | | 105representative sample of providers, provider organizations, payers, community-based |
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136 | 136 | | 106organizations, and such other interested parties as the commission may determine. Any other |
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137 | 137 | | 107interested parties may testify at the hearing. |
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138 | 138 | | 108 SECTION 21. Paragraph (15) of subsection (c) of section 15 of said chapter 6D, as so |
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139 | 139 | | 109appearing, is hereby amended by striking out, in line 168, “and”. |
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140 | 140 | | 110 SECTION 22. Said subsection (c) of said chapter 6D, as so appearing, is hereby amended |
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141 | 141 | | 111by inserting after said paragraph (15) the following paragraphs:- |
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142 | 142 | | 112 (16) to ensure ACOs demonstrate compliance with standards that meet or exceed the |
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143 | 143 | | 113national culturally and linguistically appropriate services standards of the United States 7 of 39 |
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144 | 144 | | 114Department of Health and Human Services, which also take into account care that is delivered |
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145 | 145 | | 115in-person or via telehealth; |
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146 | 146 | | 116 (17) to ensure ACOs demonstrate compliance with standards that meet or exceed the |
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147 | 147 | | 117standards to attain the certification of the National Committee for Quality Assurance for the |
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148 | 148 | | 118distinction in multicultural health care, which also take into account care that is delivered in- |
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149 | 149 | | 119person or via telehealth; and. |
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150 | 150 | | 120 SECTION 23. Said subsection (c) of section 15 of said chapter 6D, as so appearing, is |
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151 | 151 | | 121hereby amended by redesignating paragraph (16), as inserted by section 15 of chapter 224 of the |
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152 | 152 | | 122acts of 2012, as paragraph (18). |
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153 | 153 | | 123 SECTION 24. The General Laws are hereby amended by inserting after chapter 6E the |
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154 | 154 | | 124following chapter:- |
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155 | 155 | | 125 CHAPTER 6F |
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156 | 156 | | 126 EXECUTIVE OFFICE OF EQUITY |
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157 | 157 | | 127 Section 1. Definitions |
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158 | 158 | | 128 As used in this chapter, the following words shall, unless the context clearly requires |
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159 | 159 | | 129otherwise, have the following meanings:- |
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160 | 160 | | 130 “Data dashboards”, information management tools used to track, analyze, and display in |
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161 | 161 | | 131a user-friendly and accessible format important performance indicators, metrics, and data points |
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162 | 162 | | 132for review by the general public and others. 8 of 39 |
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163 | 163 | | 133 “Equity”, the consistent and systematic fair, just, and impartial treatment of all |
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164 | 164 | | 134individuals, including individuals who belong to underserved communities that have historically |
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165 | 165 | | 135been denied such treatment, including: (1) Black, Latino, Indigenous and Native American |
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166 | 166 | | 136persons, Asian Americans and Pacific Islanders, and other persons of color; (2) members of |
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167 | 167 | | 137religious minorities; lesbian, gay, bisexual, transgender, and queer persons; (3) persons with |
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168 | 168 | | 138disabilities; persons who live in rural areas; and (4) persons otherwise adversely affected by |
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169 | 169 | | 139persistent poverty or inequality. |
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170 | 170 | | 140 “Health equity”, the state in which everyone has a fair and just opportunity to be as |
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171 | 171 | | 141healthy as possible. This requires removing obstacles to health and to health care services. |
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172 | 172 | | 142Achieving health equity requires focused and ongoing efforts to address historical and |
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173 | 173 | | 143contemporary injustices such as poverty and racism and efforts to address social determinants of |
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174 | 174 | | 144health, including lack of access to good jobs with fair pay, quality education, safe and affordable |
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175 | 175 | | 145housing, public transportation, safe and healthy environments, and health care. For the purposes |
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176 | 176 | | 146of measurement, advancing health equity means reducing and ultimately eliminating disparities |
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177 | 177 | | 147in health outcomes that adversely affect underserved, excluded, or marginalized groups. |
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178 | 178 | | 148 “Office”, executive office of equity. |
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179 | 179 | | 149 “Secretary”, secretary of equity. |
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180 | 180 | | 150 “Social determinants of health”, the conditions in the environments where people are |
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181 | 181 | | 151born, live, learn, work, play, worship, and age that affect a wide range of health outcomes, |
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182 | 182 | | 152functioning, and quality-of-life outcomes and risks, including economic stability, education |
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183 | 183 | | 153access and quality, health care access and quality, neighborhood and built environment, and |
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184 | 184 | | 154social and community contexts. 9 of 39 |
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185 | 185 | | 155 Section 2. Establishment of office |
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186 | 186 | | 156 There shall be an executive office of equity, which shall serve directly under the |
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187 | 187 | | 157governor. |
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188 | 188 | | 158 Section 3. Principal agency of executive department; purposes |
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189 | 189 | | 159 The executive office of equity shall serve as the principal agency of the executive |
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190 | 190 | | 160department for the following purposes: |
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191 | 191 | | 161 (a) leading efforts toward equity, diversity, and inclusion across state government, within |
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192 | 192 | | 162each executive office, and throughout the commonwealth; promoting access to equitable |
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193 | 193 | | 163opportunities and resources that reduce disparities; and improving outcomes statewide across |
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194 | 194 | | 164state government; |
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195 | 195 | | 165 (b) developing multi-year strategic plans to advance equity within each executive office; |
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196 | 196 | | 166 (c) developing standards for the collection, analysis, and public reporting of |
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197 | 197 | | 167disaggregated data by race, ethnicity, language, and other socio-demographic factors as it |
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198 | 198 | | 168pertains to tracking population level outcomes of communities; and creating statewide and |
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199 | 199 | | 169executive office-specific process and outcome measures using outcome-based methodologies to |
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200 | 200 | | 170determine the effectiveness of agency programs and services on reducing disparities; |
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201 | 201 | | 171 (d) developing and implementing equity impact analyses at the request of any |
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202 | 202 | | 172constitutional, executive, or legislative office and from time to time as deemed necessary by the |
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203 | 203 | | 173secretary; |
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204 | 204 | | 174 (e) creating and publishing data dashboards stratified and disaggregated by race, |
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205 | 205 | | 175ethnicity, language, and other socio-demographic factors. Said dashboards shall include data 10 of 39 |
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206 | 206 | | 176relative to population level outcomes and to the process and outcome measures described in |
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207 | 207 | | 177subsection (c) as well as any additional data the office deems important for the general public |
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208 | 208 | | 178and decision makers. These dashboards shall comply with applicable privacy law but shall be |
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209 | 209 | | 179publicly presented in a user-friendly format, with a focus on ensuring accessibility in its design; |
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210 | 210 | | 180and |
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211 | 211 | | 181 (f) coordinating with quasi-public entities in the commonwealth, including the health |
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212 | 212 | | 182policy commission under chapter 6D and the center for health information and analysis under |
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213 | 213 | | 183chapter 12C, for the purposes described in subsection (a). |
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214 | 214 | | 184 Section 4. Secretary of equity; appointment; salary; powers and duties; undersecretaries |
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215 | 215 | | 185of equity |
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216 | 216 | | 186 The governor shall appoint the secretary of equity. Said secretary shall serve at the |
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217 | 217 | | 187pleasure of the governor, shall receive such salary as the governor may determine, and shall |
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218 | 218 | | 188devote full time to the duties of this office. |
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219 | 219 | | 189 The secretary, in consultation with each respective secretary of each Massachusetts |
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220 | 220 | | 190executive office, shall appoint an undersecretary of equity to assist each other Massachusetts |
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221 | 221 | | 191executive office in applying an equity lens in all aspects of agency decision making, including |
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222 | 222 | | 192service delivery, program development, policy development, and budgeting. The secretary shall |
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223 | 223 | | 193appoint an undersecretary of equity for administration and finance, an undersecretary of equity |
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224 | 224 | | 194for education, an undersecretary of equity for energy and environmental affairs, an |
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225 | 225 | | 195undersecretary of equity for health and human services, an undersecretary of equity for housing, |
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226 | 226 | | 196an undersecretary of economic development, an undersecretary of equity for labor and |
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227 | 227 | | 197workforce development, an undersecretary of equity for public safety and security, an 11 of 39 |
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228 | 228 | | 198undersecretary of equity for transportation, an undersecretary of equity for veterans affairs, and |
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229 | 229 | | 199an undersecretary of equity for climate innovation and resilience. Each person appointed as an |
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230 | 230 | | 200undersecretary shall serve at the pleasure of her appointing secretary, shall have experience, and |
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231 | 231 | | 201shall know the field or functions of such position. |
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232 | 232 | | 202 The undersecretaries shall provide assistance to the executive offices by: |
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233 | 233 | | 203 (a) facilitating information sharing between agencies related to diversity, equity, and |
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234 | 234 | | 204inclusion; |
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235 | 235 | | 205 (b) convening work groups or stakeholder advisory boards as needed; |
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236 | 236 | | 206 (c) developing and providing assessment tools for agencies to use in the development and |
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237 | 237 | | 207evaluation of agency programs, services, policies, and budgets; |
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238 | 238 | | 208 (d) training the appropriate executive office staff on how to effectively use the |
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239 | 239 | | 209assessment tools developed under subsection (c), including developing guidance on how to apply |
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240 | 240 | | 210an equity lens to the executive office’s work when carrying out duties under this chapter; |
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241 | 241 | | 211 (e) developing a form that will serve as each appropriate executive office’s diversity, |
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242 | 242 | | 212equity, and inclusion plan, required to be submitted by the secretary of the executive office of |
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243 | 243 | | 213equity under section 7 in a manner and at frequency determined appropriate by the |
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244 | 244 | | 214undersecretaries. The office must post each final plan on the dashboard described in section 3; |
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245 | 245 | | 215 (f) maintaining an inventory of the appropriate executive office’s work in the area of |
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246 | 246 | | 216diversity, equity, and inclusion; and |
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247 | 247 | | 217 (g) compiling and creating resources for executive offices to use as guidance when |
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248 | 248 | | 218carrying out the requirements of this chapter. 12 of 39 |
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249 | 249 | | 219 Section 5. Advisory board |
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250 | 250 | | 220 (a) There shall be an advisory board to the executive office of equity. The advisory board |
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251 | 251 | | 221shall consist of: 3 persons appointed by the governor; 3 persons appointed by the president of the |
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252 | 252 | | 222senate; 3 persons appointed by the speaker of the house of representatives; 3 persons appointed |
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253 | 253 | | 223by the Massachusetts Black and Latino Legislative Caucus; 1 person appointed by the Secretary |
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254 | 254 | | 224of Administration and Finance who shall have expertise in economic matters; 1 person appointed |
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255 | 255 | | 225by the Secretary of Education who shall have expertise in education matters; 1 person appointed |
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256 | 256 | | 226by the Secretary of Energy and Environmental Affairs who shall have expertise in environmental |
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257 | 257 | | 227justice; 1 person appointed by the Secretary of Health and Human Services who shall have |
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258 | 258 | | 228expertise in health equity and the social determinants of health; 1 person appointed by the |
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259 | 259 | | 229Secretary of Housing who shall have expertise in housing policy; 1 person appointed by the |
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260 | 260 | | 230Secretary of Economic Development who shall have expertise in economic development policy; |
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261 | 261 | | 2311 person appointed by the Secretary of Labor and Workforce Development who shall have |
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262 | 262 | | 232expertise in labor and workforce development policy; 1 person appointed by the Secretary of |
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263 | 263 | | 233Public Safety and Security who shall have expertise in criminal justice matters; 1 person |
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264 | 264 | | 234appointed by the Secretary of Transportation who shall have expertise in transportation matters; |
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265 | 265 | | 2351 person appointed by the Secretary of Veterans Affairs who shall have expertise in matters |
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266 | 266 | | 236related to veterans, and 1 person appointed by the Secretary of Office of Climate Innovation and |
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267 | 267 | | 237Resilience who shall have experience in climate matters. |
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268 | 268 | | 238 All members of the advisory board shall be residents of the commonwealth who are not |
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269 | 269 | | 239employed by the commonwealth who have demonstrated a commitment to advancing equity and |
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270 | 270 | | 240expertise in utilizing policy, systems and environmental strategies to address inequities. Criteria |
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271 | 271 | | 241for selection of members shall consider diversity of geography; diversity of race and ethnicity; 13 of 39 |
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272 | 272 | | 242diversity of age; inclusion of individuals living with disabilities; and inclusion of individuals |
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273 | 273 | | 243from the LGBTQ+ community. All members must have expertise in utilizing policy, systems and |
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274 | 274 | | 244environmental strategies to address inequities. Members shall be considered special state |
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275 | 275 | | 245employees for purposes of chapter 268A. All community representatives serving on the board |
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276 | 276 | | 246shall be compensated for their time. The appointing authorities shall confer prior to making final |
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277 | 277 | | 247appointments to ensure compliance with this provision. |
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278 | 278 | | 248 (b) A member of the board shall serve a term of 3 years and until they vacate their |
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279 | 279 | | 249membership or until a successor is appointed. Vacancies in the membership of the board shall be |
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280 | 280 | | 250filled by the original appointing authority for the balance of the unexpired term. |
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281 | 281 | | 251 (c) The board shall annually elect from among its members a chair, a vice chair, a |
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282 | 282 | | 252treasurer, and any other officers it considers necessary. Notwithstanding the foregoing, the |
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283 | 283 | | 253members of the board shall receive no compensation for their services; provided however that |
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284 | 284 | | 254members shall be reimbursed for any usual and customary expenses incurred in the performance |
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285 | 285 | | 255of their duties. |
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286 | 286 | | 256 (d) The board shall advise the executive office of equity on the overall operation and |
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287 | 287 | | 257policies of the office. |
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288 | 288 | | 258 (e) The board shall meet no less than quarterly to discuss and debate matters related to the |
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289 | 289 | | 259overall operation and policies of the executive office of equity. |
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290 | 290 | | 260 (f) The board may request information and assistance from executive offices as the board |
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291 | 291 | | 261requires. |
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292 | 292 | | 262 Section 6. Strategic Plan; data dashboards; equity impact analysis 14 of 39 |
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293 | 293 | | 263 (a) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall |
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294 | 294 | | 264develop a multi-year equity strategy to improve equity across government and the |
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295 | 295 | | 265commonwealth, including improved access to affordable health care, quality food and housing, |
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296 | 296 | | 266safe communities, quality education, employment for which people are paid a living wage and |
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297 | 297 | | 267that includes good working conditions, and affordable transportation and child care. |
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298 | 298 | | 268 (b) Notwithstanding any general or special law to the contrary, the secretary, in |
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299 | 299 | | 269collaboration with other secretaries in the governor’s cabinet, shall publish and regularly update |
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300 | 300 | | 270data dashboards on the executive office of equity’s website. To the extent possible, all data |
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301 | 301 | | 271dashboards shall include data able to be disaggregated by (1) gender; (2) race; (3) ethnicity; (4) |
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302 | 302 | | 272primary city or town of residence; (5) age; (6) disability; (7) primary language; (8) occupation; |
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303 | 303 | | 273and (9) any other demographic information that the secretary deems important to understand |
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304 | 304 | | 274inequities and disparities in the commonwealth. |
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305 | 305 | | 275 (c) The secretary, in collaboration with other secretaries in the governor’s cabinet, shall |
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306 | 306 | | 276develop and implement equity impact analyses at the request of any constitutional, executive, or |
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307 | 307 | | 277legislative office and from time to time as deemed necessary by the secretary. Equity impact |
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308 | 308 | | 278analyses shall include, at a minimum, and to the extent that information is available, an analysis |
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309 | 309 | | 279of whether the proposed policy is likely to promote or undermine equity, including health equity, |
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310 | 310 | | 280in the commonwealth. Equity impact analyses may consider: |
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311 | 311 | | 281 (1) direct impacts on disparities, inequities, the social determinants of health, and the |
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312 | 312 | | 282determinants of equity, with special attention to the impacts on populations that have |
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313 | 313 | | 283experienced marginalization or oppression; |
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314 | 314 | | 284 (2) the quality and relevance of studies to evaluate said impacts; 15 of 39 |
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315 | 315 | | 285 (3) the availability of measures that would minimize any anticipated adverse equity |
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316 | 316 | | 286consequences; |
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317 | 317 | | 287 (4) the existence of adverse short-term and long-term equity consequences that cannot be |
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318 | 318 | | 288avoided should the proposed policy be implemented; |
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319 | 319 | | 289 (5) the availability of reasonable alternatives to the proposed policy; and |
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320 | 320 | | 290 (6) the impact of the proposed policy on factors, including: |
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321 | 321 | | 291 (A) income security, including adequate wages, relevant tax policies, access to affordable |
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322 | 322 | | 292health insurance, retirement benefits, and paid leave; |
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323 | 323 | | 293 (B) food security and nutrition, including food assistance program eligibility, enrollment, |
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324 | 324 | | 294and assessments of food access and rates of access to unhealthy food and beverages; |
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325 | 325 | | 295 (C) child development, education, and literacy rates, including opportunities for early |
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326 | 326 | | 296childhood development and parenting support, rates of graduation compared to dropout rates, |
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327 | 327 | | 297college attainment and adult literacy; |
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328 | 328 | | 298 (D) housing, including access to affordable, safe and healthy housing; housing near parks |
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329 | 329 | | 299and with access to healthy foods; and housing that incorporates universal design and visitability |
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330 | 330 | | 300features; |
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331 | 331 | | 301 (E) environmental quality, including exposure to toxins in the air, water and soil; |
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332 | 332 | | 302 (F) accessible built environments that promote health and safety, including mixed-used |
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333 | 333 | | 303land; active transportation such as improved pedestrian, bicycle and automobile safety; parks and |
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334 | 334 | | 304green space; and healthy school siting; 16 of 39 |
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335 | 335 | | 305 (G) health care access, including accessible chronic disease management programs, |
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336 | 336 | | 306access to affordable, high-quality health and behavioral health care, and the recruitment and |
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337 | 337 | | 307retention of a diverse health care workforce; |
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338 | 338 | | 308 (H) prevention efforts, including community-based education and availability of |
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339 | 339 | | 309preventive services; |
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340 | 340 | | 310 (I) assessing ongoing discrimination and minority stressors against individuals and |
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341 | 341 | | 311groups in populations that have experienced marginalization or oppression based upon race, |
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342 | 342 | | 312gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, |
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343 | 343 | | 313disability, and other factors, including discrimination that is based upon bias and negative |
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344 | 344 | | 314attitudes of health professionals and providers; |
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345 | 345 | | 315 (J) neighborhood safety and collective efficacy, including rates of violence, increases or |
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346 | 346 | | 316decreases in community cohesion, and collaborative efforts to improve the health and well-being |
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347 | 347 | | 317of the community; |
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348 | 348 | | 318 (K) culturally appropriate and competent services and training in all sectors, including |
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349 | 349 | | 319training to eliminate bias, discrimination and mistreatment of persons in populations that have |
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350 | 350 | | 320experienced marginalization or oppression; |
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351 | 351 | | 321 (L) linguistically appropriate and competent services and training in all sectors, including |
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352 | 352 | | 322the availability of information in alternative formats such as large font, braille and American |
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353 | 353 | | 323Sign Language; and |
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354 | 354 | | 324 (M) accessible, affordable and appropriate mental health services. |
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355 | 355 | | 325 Section 7. Annual Report 17 of 39 |
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356 | 356 | | 326 The secretary shall, on or before the first Wednesday in December of each year, submit a |
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357 | 357 | | 327report to the governor, the president of the senate, the speaker of the house of representatives, the |
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358 | 358 | | 328chair of the senate committee on ways and means, and the chair of the house committee on ways |
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359 | 359 | | 329and means. Such report shall list and discuss the proposals which have been made and the |
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360 | 360 | | 330accomplishments which have been achieved during the preceding two years towards advancing |
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361 | 361 | | 331equity within the executive office of equity, each other executive office and throughout the |
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362 | 362 | | 332commonwealth. Said report shall contain a summary of the objectives of such proposals, their |
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363 | 363 | | 333disposition, and such further recommendations for legislative or executive actions concerning |
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364 | 364 | | 334these proposals or additional proposals as, in the judgment of the secretary, should be made to |
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365 | 365 | | 335improve equity in the programs, services and business affairs of the commonwealth. |
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366 | 366 | | 336 SECTION 25. Section 1 of said chapter 12C, as appearing in the 2020 Official Edition, is |
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367 | 367 | | 337hereby amended by inserting after the definition of “Health care services” the following |
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368 | 368 | | 338definition:- |
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369 | 369 | | 339 “Health equity”, as defined in section 1 of chapter 6F. |
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370 | 370 | | 340 SECTION 26. Said section 1 of said chapter 12C, as so appearing, is hereby further |
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371 | 371 | | 341amended by inserting after the definition of “Primary service area” the following definition:- |
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372 | 372 | | 342 “Priority population”, as defined in section 1 of chapter 6D. |
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373 | 373 | | 343 SECTION 27. Subsection (a) of section 2A of said chapter 12C, as so appearing, is |
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374 | 374 | | 344hereby amended by inserting after “cybersecurity”, in line 9, the following words:- and 1 of |
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375 | 375 | | 345whom shall have professional experience related to health equity and be Black, Indigenous, or a |
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376 | 376 | | 346person of color. 18 of 39 |
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377 | 377 | | 347 SECTION 28. Paragraph (4) of subsection (c) of said section 2A of said chapter 12C, as |
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378 | 378 | | 348so appearing, is hereby amended by striking out, in line 42, “center” and inserting in place |
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379 | 379 | | 349thereof the following words:- center, including research and analysis concerning health |
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380 | 380 | | 350disparities and health equity for priority populations of the commonwealth. |
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381 | 381 | | 351 SECTION 29. Said section 2A of said chapter 12C, as so appearing, is hereby amended |
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382 | 382 | | 352in paragraph (5) by striking out, in line 47, “and”, in paragraph (6) by striking out, in line 50, “.” |
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383 | 383 | | 353and inserting in place thereof the following “; and”, and by inserting after said paragraph (6) the |
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384 | 384 | | 354following new paragraph:- |
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385 | 385 | | 355 (7) develop a process to hold annual public hearings to obtain input relating to health |
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386 | 386 | | 356equity research and analysis priorities from healthcare consumers in the commonwealth, and it |
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387 | 387 | | 357shall be the goal of the council for such hearings to obtain input from priority populations, the |
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388 | 388 | | 358health disparities council under section 16O of chapter 6A, the division of medical assistance, |
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389 | 389 | | 359and the department of public health. The council shall analyze the input received for the |
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390 | 390 | | 360purposes of inclusion in the annual report described in section 16(a). |
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391 | 391 | | 361 SECTION 30. Clause (v) of section 3 of said chapter 12C, as so appearing, is hereby |
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392 | 392 | | 362amended by striking out, in line 25, the following word:- “and”, and in clause (vi) by striking |
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393 | 393 | | 363out, in line 27, “.” and inserting in place thereof:- ; (vii) to conduct research to improve the |
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394 | 394 | | 364center’s understanding of: (I) barriers to health equity data collection under sections 10A; and |
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395 | 395 | | 365(II) how to restore trust and respectfully engage with individuals from priority populations who |
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396 | 396 | | 366are paid participants in such research; and (viii) to conduct research to improve the center’s |
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397 | 397 | | 367understanding of how racial ethnic, cultural, and linguistic diversity in the healthcare workforce |
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398 | 398 | | 368impacts health care access and care quality for priority populations. The center shall prepare a 19 of 39 |
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399 | 399 | | 369report on the research described in clauses (vii) and (viii), which shall include recommendations |
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400 | 400 | | 370for policy improvements based on the center’s improved understanding and plans to implement |
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401 | 401 | | 371such improvements. |
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402 | 402 | | 372 SECTION 31. Said section 3 of said chapter 12C, as so appearing, is hereby amended by |
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403 | 403 | | 373inserting after the first paragraph the following paragraph:- |
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404 | 404 | | 374 The executive director shall appoint and may remove a chief health equity officer to |
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405 | 405 | | 375assist in the carrying out of powers and duties under this chapter relating to reducing health |
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406 | 406 | | 376inequities experienced by priority populations. |
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407 | 407 | | 377 SECTION 32. Chapter 12C of the General Laws is hereby amended by inserting after |
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408 | 408 | | 378section 10 the following section:- |
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409 | 409 | | 379 Section 10A. (a) The center shall promulgate regulations that identify the types of entities |
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410 | 410 | | 380specified in sections 8, 9, and 10 which the center determines possess data necessary to analyze |
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411 | 411 | | 381health inequities experienced by priority populations in the commonwealth. |
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412 | 412 | | 382 (b)(1) The center shall promulgate regulations necessary to ensure, to the extent |
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413 | 413 | | 383practicable, the uniform reporting of information from such entities identified pursuant to the |
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414 | 414 | | 384regulations described in subsection (a) and any other information the center determines |
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415 | 415 | | 385appropriate. In promulgating such regulations, the center shall consult with: (A) the department |
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416 | 416 | | 386of public health; and (B) the division of medical assistance. |
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417 | 417 | | 387 (2) To ensure that standards with respect to health equity data for accountable care |
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418 | 418 | | 388organizations under MassHealth are incorporated into such regulations, the regulations shall |
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419 | 419 | | 389specify standardized measures for data collection to: (A) standardize and strengthen social risk 20 of 39 |
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420 | 420 | | 390factors data collection, including race (including meaningful capture of multi-racial), ethnicity, |
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421 | 421 | | 391language, disability, sexual orientation, gender identity, ZIP code or census tract, and health- |
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422 | 422 | | 392related social needs; (B) maintain robust structures to identify and understand disparities, |
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423 | 423 | | 393including through stratified reporting on key performance indicators; and (C) account for social |
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424 | 424 | | 394determinants of health, including food insecurity, housing stability, and community violence. |
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425 | 425 | | 395 (c) The center shall provide technical assistance to such entities to ensure the data is |
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426 | 426 | | 396reported in a manner consistent with such regulations. |
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427 | 427 | | 397 (d) The center shall analyze such data and input received pursuant to subsection (b) and |
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428 | 428 | | 398section 2A(c)(7), respectively. |
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429 | 429 | | 399 (e) The center shall coordinate with the office of equity with respect to such data for the |
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430 | 430 | | 400purpose of section 6 of chapter 6F. |
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431 | 431 | | 401 SECTION 33. Section 11 of said chapter 12C, as so appearing, is hereby amended by |
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432 | 432 | | 402striking out, in line 2, “sections 8, 9 and 10” and inserting in place thereof the following words:- |
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433 | 433 | | 403sections 8, 9, 10, and 10A. |
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434 | 434 | | 404 SECTION 34. Section 16 of said chapter 12C, as so appearing, is hereby amended by |
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435 | 435 | | 405striking out subsection (a) and inserting in place thereof the following subsection:- |
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436 | 436 | | 406 (a) The center shall publish an annual report based on the information submitted under |
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437 | 437 | | 407this chapter concerning health care provider, provider organization and private and public health |
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438 | 438 | | 408care payer costs and cost trends, section 13 of chapter 6D relative to market power reviews and |
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439 | 439 | | 409section 15 relative to quality data. The center shall compare the costs, cost trends, and |
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440 | 440 | | 410expenditures with the health care cost growth benchmark established under section 9A of said 21 of 39 |
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441 | 441 | | 411chapter 6D, analyzed by regions of the commonwealth, and shall compare the costs, cost trends, |
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442 | 442 | | 412and expenditures with the aggregate primary care and behavioral health expenditure targets |
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443 | 443 | | 413established under section 9A of said chapter 6D, and shall detail: (1) baseline information about |
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444 | 444 | | 414cost, price, quality, utilization and market power in the commonwealth’s health care system; (2) |
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445 | 445 | | 415cost growth trends for care provided within and outside of accountable care organizations and |
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446 | 446 | | 416patient-centered medical homes; (3) cost growth trends by provider sector, including but not |
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447 | 447 | | 417limited to, hospitals, hospital systems, non-acute providers, pharmaceuticals, medical devices |
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448 | 448 | | 418and durable medical equipment; provided, however, that any detailed cost growth trend in the |
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449 | 449 | | 419pharmaceutical sector shall consider the effect of drug rebates and other price concessions in the |
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450 | 450 | | 420aggregate without disclosure of any product or manufacturer-specific rebate or price concession |
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451 | 451 | | 421information, and without limiting or otherwise affecting the confidential or proprietary nature of |
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452 | 452 | | 422any rebate or price concession agreement; (4) factors that contribute to cost growth within the |
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453 | 453 | | 423commonwealth’s health care system and to the relationship between provider costs and payer |
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454 | 454 | | 424premium rates; (5) primary care and behavioral health expenditure trends as compared to the |
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455 | 455 | | 425aggregate baseline expenditures, as defined in section 1 of said chapter 6D; (6) the proportion of |
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456 | 456 | | 426health care expenditures reimbursed under fee-for-service and alternative payment |
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457 | 457 | | 427methodologies; (7) the impact of health care payment and delivery reform efforts on health care |
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458 | 458 | | 428costs including, but not limited to, the development of limited and tiered networks, increased |
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459 | 459 | | 429price transparency, increased utilization of electronic medical records and other health |
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460 | 460 | | 430technology; (8) the impact of any assessments including, but not limited to, the health system |
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461 | 461 | | 431benefit surcharge collected under section 68 of chapter 118E, on health insurance premiums; (9) |
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462 | 462 | | 432trends in utilization of unnecessary or duplicative services, with particular emphasis on imaging |
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463 | 463 | | 433and other high-cost services; (10) the prevalence and trends in adoption of alternative payment 22 of 39 |
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464 | 464 | | 434methodologies and impact of alternative payment methodologies on overall health care spending, |
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465 | 465 | | 435insurance premiums and provider rates; (11) the development and status of provider |
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466 | 466 | | 436organizations in the commonwealth including, but not limited to, acquisitions, mergers, |
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467 | 467 | | 437consolidations and any evidence of excess consolidation or anti-competitive behavior by |
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468 | 468 | | 438provider organizations; and (12) the impact of health care payment and delivery reform on the |
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469 | 469 | | 439quality of care delivered in the commonwealth. |
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470 | 470 | | 440 As part of its annual report, the center shall report on price variation between health care |
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471 | 471 | | 441providers, by payer and provider type. The center’s report shall include: (1) baseline information |
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472 | 472 | | 442about price variation between health care providers by payer including, but not limited to, |
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473 | 473 | | 443identifying providers or provider organizations that are paid more than 10 per cent above or more |
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474 | 474 | | 444than 10 per cent below the average relative price and identifying payers which have entered into |
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475 | 475 | | 445alternative payment contracts that vary by more than 10 per cent; (2) the annual change in price |
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476 | 476 | | 446variation, by payer, among the payer’s participating providers; (3) factors that contribute to price |
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477 | 477 | | 447variation in the commonwealth’s health care system; (4) the impact of price variations on |
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478 | 478 | | 448disproportionate share hospitals and other safety net providers; and (5) the impact of health |
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479 | 479 | | 449reform efforts on price variation including, but not limited to, the impact of increased price |
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480 | 480 | | 450transparency, increased prevalence of alternative payment contracts and increased prevalence of |
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481 | 481 | | 451accountable care organizations and patient centered medical homes. |
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482 | 482 | | 452 As part of its annual report, the center shall report on data and information received |
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483 | 483 | | 453pursuant to section 10A and input received pursuant to section 2A(c)(7), including an analysis of |
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484 | 484 | | 454the factors that may lead to health inequities for priority populations. 23 of 39 |
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485 | 485 | | 455 The center shall publish and provide the report to health policy commission at least 30 |
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486 | 486 | | 456days before any hearing required under section 8 of chapter 6D. The center may contract with an |
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487 | 487 | | 457outside organization with expertise in issues related to the topics of the hearings to produce this |
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488 | 488 | | 458report. |
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489 | 489 | | 459 The center shall publish the aggregate baseline expenditures starting in the 2024 annual |
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490 | 490 | | 460report. |
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491 | 491 | | 461 The center, in consultation with the commission, shall hold a public hearing and adopt or |
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492 | 492 | | 462amend rules and regulations establishing the methodology for calculating baseline and |
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493 | 493 | | 463subsequent years’ expenditures for individual health care entities within 90 days of the effective |
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494 | 494 | | 464date. |
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495 | 495 | | 465 The center, in consultation with the commission, shall determine the baseline |
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496 | 496 | | 466expenditures for individual health care entities and shall report to each health care entity its |
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497 | 497 | | 467respective baseline expenditures by not less than thirty days before publishing the results. |
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498 | 498 | | 468 SECTION 35. Subsection (c) section 2GGGG of chapter 29 of the General Laws, as |
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499 | 499 | | 469appearing in the 2020 Official Edition, is hereby amended by striking out, in line 36, “and (6) to |
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500 | 500 | | 470improve the affordability and quality of care” and inserting in place thereof the following |
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501 | 501 | | 471words:- (6) to improve the affordability and quality of care; and (7) to reduce identified |
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502 | 502 | | 472disparities or otherwise advance equity in care delivery. |
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503 | 503 | | 473 SECTION 36. Chapter 111 of the General Laws is hereby amended by inserting after |
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504 | 504 | | 474section 2J the following sections:- 24 of 39 |
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505 | 505 | | 475 Section 2K. (a) As used in this section, the following words shall, unless the context |
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506 | 506 | | 476clearly requires otherwise, have the following meanings:- |
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507 | 507 | | 477 “Environmental justice population”, as defined in section 62 of chapter 30. |
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508 | 508 | | 478 "Health equity zone", a contiguous geographic area that: (1) demonstrates measurable |
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509 | 509 | | 479and documented health inequities and poor health outcomes (including disproportionately high |
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510 | 510 | | 480rates of maternal mortality and morbidity, infant and child health conditions, or chronic and |
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511 | 511 | | 481infectious disease in the general population); and (2) meets criteria to be an environmental justice |
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512 | 512 | | 482population or other definition of social inequity as determined by the department. |
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513 | 513 | | 483 (b) There shall be established and set upon the books of the commonwealth a separate |
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514 | 514 | | 484fund to be known as the Health Equity Zone Trust Fund to be expended, without further |
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515 | 515 | | 485appropriation, by the department of public health. The fund shall consist of revenues collected by |
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516 | 516 | | 486the commonwealth including: (1) any revenue from appropriations or other monies authorized by |
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517 | 517 | | 487the general court and specifically designated to be credited to the fund; (2) any fines and |
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518 | 518 | | 488penalties allocated to the fund under the General Laws; (3) any funds from public and private |
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519 | 519 | | 489sources such as gifts, grants and donations to further community-based prevention activities; (4) |
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520 | 520 | | 490any interest earned on such revenues; and (5) any funds provided from other sources. |
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521 | 521 | | 491 The commissioner of public health, as trustee, shall administer the fund. The |
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522 | 522 | | 492commissioner, in consultation with the Health Equity Zone Advisory Board established under |
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523 | 523 | | 493section 2L, shall make expenditures from the fund consistent with subsection (e). |
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524 | 524 | | 494 (c) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall |
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525 | 525 | | 495not revert to the General Fund and shall be available for expenditure in the following fiscal year. 25 of 39 |
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526 | 526 | | 496 (d) All expenditures from the Health Equity Zone Trust Fund shall support the state’s |
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527 | 527 | | 497efforts to address health disparities and develop a stronger evidence base of effective place-based |
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528 | 528 | | 498health equity interventions. |
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529 | 529 | | 499 (e) The purpose of the Health Equity Zone Trust Fund is to enable the creation of so- |
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530 | 530 | | 500called health equity zones, namely geographic areas where existing opportunities emerge and |
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531 | 531 | | 501investments are made to address inequities in health outcomes. The Health Equity Zone Trust |
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532 | 532 | | 502Fund will equip multi-sector partnerships which may include residents, businesses, community- |
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533 | 533 | | 503organizations, municipal agencies to identify and create community determined solutions |
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534 | 534 | | 504necessary to create just and fair conditions for health. Investments shall prioritize investment in |
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535 | 535 | | 505the communities that have been systematically oppressed and where decades of disinvestment |
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536 | 536 | | 506have created inequitable health outcomes. |
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537 | 537 | | 507 The commissioner shall award not less than 85 per cent of the Health Equity Zone Trust |
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538 | 538 | | 508Fund through a competitive grant process to municipalities, community-based organizations, |
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539 | 539 | | 509regional-planning agencies that apply for the implementation, technical assistance, and |
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540 | 540 | | 510evaluation of health equity activities. To be eligible to receive a grant to lead Health Equity Zone |
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541 | 541 | | 511under this subsection, a recipient shall be: (1) a community-based organization or group of |
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542 | 542 | | 512community-based organizations working in collaboration; (2) a community-based organization |
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543 | 543 | | 513working in collaboration with 1 or more municipality; or (3) a regional planning agency. |
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544 | 544 | | 514Expenditures from the fund for such purposes shall supplement and not replace existing local, |
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545 | 545 | | 515state, private or federal public health-related funding. |
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546 | 546 | | 516 (f) Priority shall be given to proposals in a geographic region of the state with a higher |
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547 | 547 | | 517than average prevalence of preventable health conditions, as determined by the commissioner of 26 of 39 |
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548 | 548 | | 518public health, in consultation with the Health Equity Zone Advisory Board. If no proposals were |
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549 | 549 | | 519offered in areas of the state with particular need, the department shall ask for a specific request |
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550 | 550 | | 520for proposal for that specific region. If the commissioner determines that no suitable proposals |
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551 | 551 | | 521have been received, such that the specific needs remain unmet, the department may work directly |
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552 | 552 | | 522with municipalities or community-based organizations to develop grant proposals. |
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553 | 553 | | 523 The department of public health shall, in consultation with the Health Equity Zone |
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554 | 554 | | 524Advisory Board, develop guidelines for an annual review of the progress being made by each |
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555 | 555 | | 525grantee. Each grantee shall participate in any evaluation or accountability process implemented |
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556 | 556 | | 526or authorized by the department, provided, however, that the department shall make evaluation |
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557 | 557 | | 527and accountability processes as minimally burdensome as is possible. |
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558 | 558 | | 528 (g) The department of public health shall, annually on or before January 31, report on |
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559 | 559 | | 529expenditures from the Health Equity Zone Trust Fund. The report shall include, but not be |
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560 | 560 | | 530limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable |
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561 | 561 | | 531to the administrative costs of the department of public health; (3) an itemized list of the funds |
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562 | 562 | | 532expended through the competitive grant process and a description of the grantee activities; (4) |
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563 | 563 | | 533the results of the evaluation assessing the activities funded through grants; and (5) an itemized |
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564 | 564 | | 534list of expenditures used to support place-based health equity interventions. The report shall be |
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565 | 565 | | 535provided to the chairpersons of the house and senate committees on ways and means and the |
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566 | 566 | | 536joint committee on public health and shall be posted on the department of public health’s |
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567 | 567 | | 537website. |
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568 | 568 | | 538 (h) The department of public health shall, under the advice and guidance of the Health |
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569 | 569 | | 539Equity Zone Advisory Board, annually report on its strategy for administration and allocation of 27 of 39 |
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570 | 570 | | 540the fund, including relevant evaluation criteria. The report shall set forth the rationale for such |
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571 | 571 | | 541strategy. |
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572 | 572 | | 542 (i) The department of public health shall promulgate regulations necessary to carry out |
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573 | 573 | | 543this section. |
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574 | 574 | | 544 Section 2L. There shall be a Health Equity Zone Advisory Board to make |
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575 | 575 | | 545recommendations to the commissioner concerning the administration and allocation of the |
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576 | 576 | | 546Health Equity Zone Trust Fund established in section 2K, establish evaluation criteria and |
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577 | 577 | | 547perform any other functions specifically granted to it by law. |
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578 | 578 | | 548 The board shall consist of: the commissioner of public health or a designee, who shall |
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579 | 579 | | 549serve as co-chairperson; and 10 persons to be appointed by the commissioner through a public |
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580 | 580 | | 550nomination process, 4 of whom shall be community representatives with lived experience of |
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581 | 581 | | 551health inequities in their communities (one of whom shall serve as co-chair); 1 of whom shall be |
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582 | 582 | | 552a person with expertise in the field of health equity; 1 of whom shall be a person from a local |
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583 | 583 | | 553board of health for a city or town with a population greater than 50,000; 1 of whom shall be a |
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584 | 584 | | 554person of a board of health for a city or town with a population of fewer than 50,000; 1 of whom |
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585 | 585 | | 555shall be a person from a hospital association; 1 of whom shall be a person from a statewide |
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586 | 586 | | 556public health organization; 1 of whom shall be a representative of a community development |
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587 | 587 | | 557corporation or association representing community development corporations and 1 of whom |
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588 | 588 | | 558shall be a community health worker or a person from an association representing community |
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589 | 589 | | 559health workers. Criteria for selection of members shall consider diversity of geography; diversity |
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590 | 590 | | 560by race and ethnicity; expertise in program design and implementation; expertise in health |
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591 | 591 | | 561equity; expertise in utilizing policy, systems and environmental strategies to address health 28 of 39 |
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592 | 592 | | 562inequities. All community representatives serving on the board shall be compensated for their |
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593 | 593 | | 563time at an amount determined by the Commissioner. |
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594 | 594 | | 564 SECTION 37. Subsection (g) of section 25C of chapter 111 of the General Laws, as |
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595 | 595 | | 565appearing in the 2020 Official Edition, is hereby amended, by inserting after “account”, in line |
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596 | 596 | | 566103, the following words:- the findings of the health equity assessment described in subsection |
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597 | 597 | | 567(o) and. |
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598 | 598 | | 568 SECTION 38. Said subsection (g) of section 25C of chapter 111, as so appearing, is |
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599 | 599 | | 569hereby amended by striking out, in line 104, “from” and inserting in place thereof the following |
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600 | 600 | | 570words:- “from the office of equity,”. |
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601 | 601 | | 571 SECTION 39. Said section 25C of chapter 111, as so appearing, is hereby amended, by |
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602 | 602 | | 572inserting after subsection (n) the following subsection:- |
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603 | 603 | | 573 (o) A determination of need under this section shall take into account a health equity |
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604 | 604 | | 574assessment, which shall be included in the application described in subsection (h). Such |
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605 | 605 | | 575application shall include: (1) a demonstration of whether, and if so how, the extent to which such |
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606 | 606 | | 576populations in the applicant’s service area access the applicant’s facility or services at the time of |
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607 | 607 | | 577the application and the extent to which the proposed construction or change of services is |
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608 | 608 | | 578expected to impact that access; (2) a description of the amount of indigent care, both free and |
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609 | 609 | | 579below cost, that will be offered by the applicant if the construction or service change is |
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610 | 610 | | 580approved; (3) an assessment of any impacts on access by public or private transportation, |
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611 | 611 | | 581including applicant-sponsored transportation services, to the applicant’s facility if the |
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612 | 612 | | 582construction or change in services is implemented, highlighting access by public transportation; |
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613 | 613 | | 583and (4) a description of the proposed means of assuring effective communication between the 29 of 39 |
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614 | 614 | | 584applicant’s facility, health-related service staff, people of limited English-speaking ability, and |
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615 | 615 | | 585those with speech, hearing or visual impairments handicaps if the construction or change in |
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616 | 616 | | 586services is implemented. |
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617 | 617 | | 587 SECTION 40. Clause (ii) of paragraph (4) of subsection (a) of section 25L of chapter |
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618 | 618 | | 588111, as so appearing, is hereby amended by striking out, in line 47, “comprehensive recruitment |
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619 | 619 | | 589initiatives” and inserting in place thereof the following words:- comprehensive recruitment |
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620 | 620 | | 590initiatives (including initiatives to support the recruitment and retention of individuals, |
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621 | 621 | | 591notwithstanding immigration status, who work in health care settings and are not traditionally |
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622 | 622 | | 592recipients of scholarship and student loan repayment programs). |
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623 | 623 | | 593 SECTION 41. Chapter 112 of the General Laws is hereby amended by inserting after |
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624 | 624 | | 594section 51A the following section:- |
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625 | 625 | | 595 Section 51B. (a) As used in this section, the following words shall have the following |
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626 | 626 | | 596meanings: |
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627 | 627 | | 597 “Board”, each board of registration authorized to establish continuing education |
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628 | 628 | | 598requirements for healthcare professions under this chapter (as determined by the commissioner |
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629 | 629 | | 599of public health) and the Massachusetts Board of Registration in Medicine. |
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630 | 630 | | 600 “Cultural safety”, an examination by health care professionals of themselves and the |
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631 | 631 | | 601potential impact of their own culture on clinical interactions and health care service delivery. |
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632 | 632 | | 602This requires individual health care professionals and health care organizations to acknowledge |
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633 | 633 | | 603and address their own biases, attitudes, assumptions, stereotypes, prejudices, structures, and |
---|
634 | 634 | | 604characteristics that may affect the quality of care provided. In doing so, cultural safety |
---|
635 | 635 | | 605encompasses a critical consciousness where health care professionals and health care 30 of 39 |
---|
636 | 636 | | 606organizations engage in ongoing self-reflection and self-awareness and hold themselves |
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637 | 637 | | 607accountable for providing culturally safe care, as defined by the patient and their communities, |
---|
638 | 638 | | 608and as measured through progress towards achieving health equity. Cultural safety requires |
---|
639 | 639 | | 609health care professionals and their associated health care organizations to influence health care to |
---|
640 | 640 | | 610reduce bias and achieve equity within the workforce and working environment. |
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641 | 641 | | 611 “Structural competency”, a shift in medical education away from pedagogic approaches |
---|
642 | 642 | | 612to stigma and inequalities that emphasize cross-cultural understandings of individual patients, |
---|
643 | 643 | | 613toward attention to forces that influence health outcomes at levels above individual interactions. |
---|
644 | 644 | | 614Structural competency reviews existing structural approaches to stigma and health inequities |
---|
645 | 645 | | 615developed outside of medicine and proposes changes to United States medical education that will |
---|
646 | 646 | | 616infuse clinical training with a structural focus. |
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647 | 647 | | 617 (b) By January 1, 2026, the board shall adopt rules requiring a licensee to complete health |
---|
648 | 648 | | 618equity continuing education training at least once every four years. |
---|
649 | 649 | | 619 (c) Health equity continuing education courses may be taken in addition to or, if the |
---|
650 | 650 | | 620board determines the course fulfills existing continuing education requirements, in place of other |
---|
651 | 651 | | 621continuing education requirements imposed by the board. |
---|
652 | 652 | | 622 (d)(1) The secretary and the board must work collaboratively to provide information to |
---|
653 | 653 | | 623licensees about available courses. The secretary and board shall consult with patients and |
---|
654 | 654 | | 624communities with lived experiences of health inequities or racism in the health care system and |
---|
655 | 655 | | 625relevant professional organizations when developing the information and must make this |
---|
656 | 656 | | 626information available by July 1, 2025. The information should include a course option that is free |
---|
657 | 657 | | 627of charge to licensees. 31 of 39 |
---|
658 | 658 | | 628 (2) By January 1, 2026, the department, in consultation with the board, shall adopt model |
---|
659 | 659 | | 629rules establishing the minimum standards for continuing education programs meeting the |
---|
660 | 660 | | 630requirements of this section. The department shall consult with patients and communities with |
---|
661 | 661 | | 631lived experience of health inequities or racism in the health care system, relevant professional |
---|
662 | 662 | | 632organizations, and the board in the development of these rules. |
---|
663 | 663 | | 633 (3) The minimum standards must include instruction on skills to address the structural |
---|
664 | 664 | | 634factors, such as bias, racism, and poverty, that manifest as health inequities. These skills include |
---|
665 | 665 | | 635individual-level and system-level intervention, and self-reflection to assess how the licensee’s |
---|
666 | 666 | | 636social position can influence their relationship with patients and their communities. These skills |
---|
667 | 667 | | 637enable a health care professional to care effectively for patients from diverse cultures, groups, |
---|
668 | 668 | | 638and communities, varying in race, ethnicity, gender identity, sexuality, religion, age, ability, |
---|
669 | 669 | | 639socioeconomic status, and other categories of identity. The courses must assess the licensee’s |
---|
670 | 670 | | 640ability to apply health equity concepts into practice. Course topics may include, but are not |
---|
671 | 671 | | 641limited to: (A) strategies for recognizing patterns of health care disparities on an individual, |
---|
672 | 672 | | 642institutional, and structural level and eliminating factors that influence them; (B) intercultural |
---|
673 | 673 | | 643communication skills training, including how to work effectively with an interpreter and how |
---|
674 | 674 | | 644communication styles differ across cultures; (C) implicit bias training to identify strategies to |
---|
675 | 675 | | 645reduce bias during assessment and diagnosis; (D) methods for addressing the emotional well- |
---|
676 | 676 | | 646being of children and youth of diverse backgrounds; (E) ensuring equity and antiracism in care |
---|
677 | 677 | | 647delivery pertaining to medical developments and emerging therapies; (F) structural competency |
---|
678 | 678 | | 648training addressing five core competencies, which are: (i) recognizing the structures that shape |
---|
679 | 679 | | 649clinical interactions; (ii) developing an extra clinical language of structure; (iii) rearticulating 32 of 39 |
---|
680 | 680 | | 650cultural formulations in structural terms; (iv) observing and imagining structural interventions; |
---|
681 | 681 | | 651and (v) developing structural humility; and (G) cultural safety training. |
---|
682 | 682 | | 652 (e) The board may adopt rules to implement and administer this section, including rules |
---|
683 | 683 | | 653to establish a process to determine if a continuing education course meets the health equity |
---|
684 | 684 | | 654continuing education requirement established in this section. |
---|
685 | 685 | | 655 SECTION 42. Chapter 118E of the General Laws, as appearing in the 2020 Official |
---|
686 | 686 | | 656Edition, is hereby amended by adding after section 16D the following sections:- |
---|
687 | 687 | | 657 Section 16E. (a) Notwithstanding any other law, there is hereby established a program of |
---|
688 | 688 | | 658comprehensive health coverage for children and young adults under the age of 21 who are |
---|
689 | 689 | | 659residents of the commonwealth, as defined under section 8 of this chapter, who are not otherwise |
---|
690 | 690 | | 660eligible for comprehensive benefits under Title XIX or XXI of the Social Security Act or under |
---|
691 | 691 | | 661the demonstration pursuant to Section 9A of this chapter solely due to their immigration status. |
---|
692 | 692 | | 662Children and young adults shall be eligible to receive comprehensive MassHealth benefits |
---|
693 | 693 | | 663equivalent to the benefits available to individuals of like age and income under categorical and |
---|
694 | 694 | | 664financial eligibility requirements established by the executive office pursuant to said Title XIX |
---|
695 | 695 | | 665and Title XXI. |
---|
696 | 696 | | 666 (b) The executive office shall maximize federal financial participation for the benefits |
---|
697 | 697 | | 667provided under this section, however benefits under this section shall not be conditioned on the |
---|
698 | 698 | | 668availability of federal financial participation. |
---|
699 | 699 | | 669 (c) The program shall be implemented no later than January 1, 2025. 33 of 39 |
---|
700 | 700 | | 670 Section 16F. (a) Notwithstanding any other law, there is hereby established a program of |
---|
701 | 701 | | 671comprehensive health coverage for individuals who are residents of the commonwealth, as |
---|
702 | 702 | | 672defined under section 8 of chapter 118E, who are not otherwise eligible for comprehensive |
---|
703 | 703 | | 673benefits under Title XIX or XXI of the Social Security Act or under the demonstration pursuant |
---|
704 | 704 | | 674to Section 9A of chapter 118E solely due to their immigration status, except in the case of |
---|
705 | 705 | | 675children or young adults otherwise eligible for comprehensive health coverage pursuant to |
---|
706 | 706 | | 676section 16E. Such individuals shall be eligible to receive comprehensive MassHealth benefits |
---|
707 | 707 | | 677equivalent to the benefits available to individuals of like age and income under categorical and |
---|
708 | 708 | | 678financial eligibility requirements established by the Executive Office pursuant to said Title XIX |
---|
709 | 709 | | 679and Title XXI. |
---|
710 | 710 | | 680 (b) The Executive Office shall maximize federal financial participation for the benefits |
---|
711 | 711 | | 681provided under this section, provided, however, that benefits under this section shall not be |
---|
712 | 712 | | 682conditioned on the availability of federal financial participation. |
---|
713 | 713 | | 683 (c) The program shall be implemented no later than January 1, 2025. |
---|
714 | 714 | | 684 SECTION 43. Paragraph (5) of section 36 of chapter 118E of the General Laws, as so |
---|
715 | 715 | | 685appearing, is hereby amended by striking out, in line 14, “.” and inserting in place thereof the |
---|
716 | 716 | | 686following:- ;. |
---|
717 | 717 | | 687 SECTION 44. Said section 36 of said chapter 118E, as so appearing, is hereby amended |
---|
718 | 718 | | 688by inserting after said paragraph (5) the following paragraphs:- |
---|
719 | 719 | | 689 (6) with respect to institutional providers, agree to implement measurable diversity, |
---|
720 | 720 | | 690equity, and inclusion initiatives (including recruitment, hiring, and retention); and 34 of 39 |
---|
721 | 721 | | 691 (7) with respect to institutional providers, agree to expand mental health and wellness |
---|
722 | 722 | | 692benefits for employees. |
---|
723 | 723 | | 693 SECTION 45. Section 76 of chapter 260 of the Acts of 2020 is hereby amended by |
---|
724 | 724 | | 694striking out the words “Sections 63 and 69 are hereby repealed” and inserting in place thereof the |
---|
725 | 725 | | 695following words:- Section 63 is hereby repealed. |
---|
726 | 726 | | 696 SECTION 46. (a) Notwithstanding any general or special law to the contrary, there shall |
---|
727 | 727 | | 697be established a program for cost-sharing eliminations for targeted high-value services, |
---|
728 | 728 | | 698treatments and prescription drugs used to treat certain chronic conditions. In order to implement |
---|
729 | 729 | | 699said program, the secretary of health and human services, in consultation with the secretary of |
---|
730 | 730 | | 700equity, the commissioner of insurance, the commissioner of public health and the center for |
---|
731 | 731 | | 701health information and analysis, shall identify one to three services, treatments and prescription |
---|
732 | 732 | | 702drugs in total used to treat each of the following chronic conditions: diabetes, asthma, chronic |
---|
733 | 733 | | 703obstructive pulmonary disease, hypertension, coronary artery disease, congestive heart failure, |
---|
734 | 734 | | 704opioid use disorder, bipolar disorder, and schizophrenia. |
---|
735 | 735 | | 705 In determining the targeted high-value services, treatments and prescription drugs, the |
---|
736 | 736 | | 706secretary shall consider appropriate services, treatments and prescription drugs that are: (1) out- |
---|
737 | 737 | | 707patient or ambulatory services, including medications, lab tests, procedures, and office visits, |
---|
738 | 738 | | 708generally offered in the primary care or medical home setting; (2) of clear benefit, strongly |
---|
739 | 739 | | 709supported by clinical evidence to be cost-effective; (3) likely to reduce hospitalizations or |
---|
740 | 740 | | 710emergency department visits, or reduce future exacerbations of illness progression, or improve |
---|
741 | 741 | | 711quality of life; (4) relatively low cost when compared to the cost of an acute illness or incident 35 of 39 |
---|
742 | 742 | | 712prevented or delayed by the use of the service, treatment or drug; and (5) at low risk for |
---|
743 | 743 | | 713overutilization, abuse, addiction, diversion or fraud. |
---|
744 | 744 | | 714 The secretary may further take into consideration other independent resources or models |
---|
745 | 745 | | 715proven effective in reducing financial barriers to high-value care. |
---|
746 | 746 | | 716 (b) Any policy, contract or certificate of health insurance subject to chapters 32A, 118E, |
---|
747 | 747 | | 717175, 176A, 176B, 176G or 176Q of the General Laws shall provide coverage for the identified |
---|
748 | 748 | | 718services, treatments and prescription drugs. Such coverage shall not be subject to any cost- |
---|
749 | 749 | | 719sharing, including co-payments and co-insurance, and shall not be subject to any deductible, |
---|
750 | 750 | | 720pursuant to guidance from the secretary of health and human services, notwithstanding whether |
---|
751 | 751 | | 721an identified service or treatment was delivered in-person or via telehealth (as defined in section |
---|
752 | 752 | | 72279(a) of chapter 118E). The commissioner of the division of insurance shall adopt any written |
---|
753 | 753 | | 723policies, procedures or regulations necessary to implement said program. |
---|
754 | 754 | | 724 (c) Every two years, the center for health information and analysis shall evaluate the |
---|
755 | 755 | | 725effect of this section and update the targeted high-value services, treatments and prescription |
---|
756 | 756 | | 726drugs specified pursuant to subsection (a). Said evaluation shall include the impact of this section |
---|
757 | 757 | | 727on treatment adherence, incidence of related acute events, premiums and cost sharing, overall |
---|
758 | 758 | | 728health, long-term health costs, and other issues that the center may determine necessary. The |
---|
759 | 759 | | 729center may collaborate with an independent research organization to conduct said evaluation. |
---|
760 | 760 | | 730The center shall file a report on its findings, which shall be filed with the clerks of the house of |
---|
761 | 761 | | 731representatives and senate, the joint committee on public health, the joint committee on health |
---|
762 | 762 | | 732care financing and the house and senate committees on ways and means. |
---|
763 | 763 | | 733 (d) The program shall be implemented no later than January 1, 2026. 36 of 39 |
---|
764 | 764 | | 734 SECTION 47. The first sentence of the first paragraph of section 410 of chapter 159 of |
---|
765 | 765 | | 735the Acts of 2000 is hereby amended by striking out “upgrade skills of certified nurse's aides and |
---|
766 | 766 | | 736entry-level workers entry-level workers” and inserting in place thereof the following words:- in |
---|
767 | 767 | | 737nursing homes and in safety net hospitals and other providers (as determined by the |
---|
768 | 768 | | 738Corporation). |
---|
769 | 769 | | 739 (b) The first sentence of the second paragraph of said section 410 of said chapter 159 is |
---|
770 | 770 | | 740hereby amended by striking out “nursing homes or consortiums of nursing homes” and inserting |
---|
771 | 771 | | 741in place thereof the following words:- nursing homes or consortiums of nursing homes, and |
---|
772 | 772 | | 742safety net hospitals and other providers as determined by the Corporation. |
---|
773 | 773 | | 743 SECTION 48. Notwithstanding any general or special law to the contrary, the |
---|
774 | 774 | | 744commissioner of public health shall revise the licensing requirements under chapter 112 of the |
---|
775 | 775 | | 745General Laws of foreign-trained health professionals to increase healthcare access in |
---|
776 | 776 | | 746underserved areas of the commonwealth. Such revisions shall maintain licensure standards that |
---|
777 | 777 | | 747are substantially similar to standards applicable to domestically-trained health professionals |
---|
778 | 778 | | 748licensed under this chapter. |
---|
779 | 779 | | 749 SECTION 49. Notwithstanding any general or special law to the contrary, the |
---|
780 | 780 | | 750commissioner of public health, in consultation with the assistant secretary for MassHealth, shall |
---|
781 | 781 | | 751develop standardized, tiered, and stackable credentials for certification of lower-wage positions |
---|
782 | 782 | | 752furnishing services funded through the MassHealth program. |
---|
783 | 783 | | 753 SECTION 50. (a) Notwithstanding any general or special law to the contrary, the |
---|
784 | 784 | | 754secretary of health and human services or designee shall, subject to appropriation, provide |
---|
785 | 785 | | 755funding, in consultation with the secretary of equity and commissioner of public health, to safety 37 of 39 |
---|
786 | 786 | | 756net hospitals and community-based providers with a high Medicaid payer mix (as determined by |
---|
787 | 787 | | 757the secretary) to advance health equity and to address disparities in resources for facilities |
---|
788 | 788 | | 758serving priority populations who predominantly rely on Medicaid. In providing such funding, |
---|
789 | 789 | | 759the secretary shall prioritize safety net hospitals that: (1) have a high Medicaid payer mix; (2) |
---|
790 | 790 | | 760have an average statewide average acute hospital commercial relative price of less than 0.90 (as |
---|
791 | 791 | | 761calculated by the center for health information and analysis); and (3) are not a part of a large |
---|
792 | 792 | | 762health system (as determined by the secretary). Such support may be used as the safety net |
---|
793 | 793 | | 763hospital or community-based provider determines appropriate, including for such purposes as |
---|
794 | 794 | | 764patient care operations, access, infrastructure, or capacity building. |
---|
795 | 795 | | 765 (b) The executive office shall maximize federal financial participation for the funding |
---|
796 | 796 | | 766under this section, provided, however, that funding under this section shall not be conditioned on |
---|
797 | 797 | | 767the availability of federal financial participation. |
---|
798 | 798 | | 768 SECTION 51. (a) Notwithstanding any general or special law to the contrary, the |
---|
799 | 799 | | 769assistant secretary for MassHealth shall establish payment models that incentivize the integration |
---|
800 | 800 | | 770of behavioral health, oral health, and pharmacy services in primary care settings under the |
---|
801 | 801 | | 771MassHealth program. |
---|
802 | 802 | | 772 (b) The executive office shall maximize federal financial participation for the benefits |
---|
803 | 803 | | 773provided under this section, provided, however, that benefits under this section shall not be |
---|
804 | 804 | | 774conditioned on the availability of federal financial participation. |
---|
805 | 805 | | 775 SECTION 52. (a) Notwithstanding any general or special law to the contrary, the |
---|
806 | 806 | | 776appointive boards and commissions of the commonwealth identified pursuant to subsection (b) |
---|
807 | 807 | | 777shall, to the extent practicable, be composed of at least 50 percent women, and at least 25 percent 38 of 39 |
---|
808 | 808 | | 778Black, Indigenous, or other people of color. The appointing authorities for the board shall consult |
---|
809 | 809 | | 779each other to ensure compliance with this provision. |
---|
810 | 810 | | 780 (b) For purposes of subsection (a), the appointive boards and commissions of the |
---|
811 | 811 | | 781commonwealth identified in this subsection are the following: |
---|
812 | 812 | | 782 (1) the governing board of the health policy commission under section 2 of chapter 6D of |
---|
813 | 813 | | 783the General Laws; |
---|
814 | 814 | | 784 (2) the advisory board to the executive office of equity under section 5 of chapter 6F of |
---|
815 | 815 | | 785the General Laws; |
---|
816 | 816 | | 786 (3) the health information and analysis oversight council under section 2A of chapter 12C |
---|
817 | 817 | | 787of the General Laws; |
---|
818 | 818 | | 788 (4) the board of registration in medicine, the board of registration of nursing, and the |
---|
819 | 819 | | 789board of certification of community health workers under sections 10, 13, and 108 of chapter 13 |
---|
820 | 820 | | 790of the General Laws, respectively; |
---|
821 | 821 | | 791 (5) the public health council under section 3 of chapter 17 of the General Laws; and |
---|
822 | 822 | | 792 (6) any other board or commission under the supervision of the commissioner of public |
---|
823 | 823 | | 793health that the commissioner determines appropriate. |
---|
824 | 824 | | 794 SECTION 53. Sections 5, 8, 27, and 31 shall take effect 90 days after passage of this act. |
---|
825 | 825 | | 795 SECTION 54. Sections 6, 7, 9, 10, 11, 12, 28, 34, 40, 43, 44, 47, 48, 49, and 52 shall take |
---|
826 | 826 | | 796effect 180 days after passage of this act. 39 of 39 |
---|
827 | 827 | | 797 SECTION 55. Sections 29, 32, 33, and 51 shall take effect 1 year after passage of this |
---|
828 | 828 | | 798act. |
---|