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| 2 | 2 | | HOUSE DOCKET, NO. 2719 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2547 |
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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 | | Kenneth P. Sweezey |
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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 ensuring municipal control in public health systems. |
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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:Kenneth P. Sweezey6th Plymouth1/16/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2719 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2547 |
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| 18 | 18 | | By Representative Sweezey of Duxbury, a petition (accompanied by bill, House, No. 2547) of |
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| 19 | 19 | | Kenneth P. Sweezey for legislation to further regulate municipal and regional public health |
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| 20 | 20 | | systems OR relative to municipal control in public health systems. Public Health. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act ensuring municipal control in public health systems. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Section 224 of Chapter 238 of the Acts of 2024 is hereby amended by |
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| 30 | 30 | | 2inserting at the end of subsection (c) the following sentence:- |
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| 31 | 31 | | 3 Prior to adopting any foundational public health service standards, the department shall |
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| 32 | 32 | | 4hold properly noticed public hearings pursuant to section 2 of chapter 30A of the General Laws. |
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| 33 | 33 | | 5No municipality may adopt any foundational public health service standards, or establish and |
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| 34 | 34 | | 6enter into an Inter-Municipal Agreement pursuant to Section 224 of Chapter 238 of the Acts of |
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| 35 | 35 | | 72024, without the prior approval of the city council or town meeting by a two thirds vote. |
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| 36 | 36 | | 8 SECTION 2. Subsection (d)(i) of Section 224 of Chapter 238 of the Acts of 2024 by |
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| 37 | 37 | | 9striking, in the first line, the word shall and inserting the place thereof the following words “may |
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| 38 | 38 | | 10voluntarily”. |
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| 39 | 39 | | 11 SECTION 3. Subsection (f)(1) of Section 224 of Chapter 238 of the Acts of 2024 by |
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| 40 | 40 | | 12striking the words implement and comply with the standards developed pursuant to subsections 2 of 3 |
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| 41 | 41 | | 13(b) and (c) and inserting in the place thereof the following words:- “assist boards to adopt |
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| 42 | 42 | | 14practices to improve the efficiency and effectiveness of the delivery of public health services”. |
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| 43 | 43 | | 15 SECTION 4. Subsection (C)(iii) of Section 224 of Chapter 238 of the Acts of 2024 is |
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| 44 | 44 | | 16hereby amended by striking the words annual noncompetitive funding to ensure that all residents |
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| 45 | 45 | | 17of the commonwealth are provided with foundational public health services that meet or exceed |
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| 46 | 46 | | 18the standards set pursuant to this section; provided, however, that funds provided pursuant to this |
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| 47 | 47 | | 19clause shall be distributed based on the level of implementation of the standards established in |
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| 48 | 48 | | 20this section and using a formula based on population, level of cross-jurisdictional sharing and |
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| 49 | 49 | | 21sociodemographic data; provided further, that to receive funding pursuant to this clause, a board |
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| 50 | 50 | | 22of health shall submit an annual report to the department and the department of environmental |
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| 51 | 51 | | 23protection that: (A) demonstrates progress or implementation of the standards; and (B) confirms |
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| 52 | 52 | | 24that funding provided pursuant to this clause shall supplement and shall not replace existing |
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| 53 | 53 | | 25state, local, private or federal funding to boards of health and regional health districts; provided |
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| 54 | 54 | | 26further, that the report shall not require data that is otherwise reported to the department under |
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| 55 | 55 | | 27subsection (d); provided further, local governments shall be granted relief from the department |
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| 56 | 56 | | 28for good cause, including, but not limited to economic or fiscal hardship; and provided further, |
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| 57 | 57 | | 29that data demonstrating implementation and compliance with the standards shall be submitted in |
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| 58 | 58 | | 30a form prescribed by the department. |
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| 59 | 59 | | 31 SECTION 5. Subsection (k) of Section 224 of Chapter 238 of the Acts of 2024 is hereby |
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| 60 | 60 | | 32amended by striking the following words Notwithstanding any general or special law to the |
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| 61 | 61 | | 33contrary, if the commissioner, the commissioner of environmental protection or their authorized |
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| 62 | 62 | | 34representatives determine that failure to meet standards established in subsections (b) and (c) in a |
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| 63 | 63 | | 35timeframe consistent with the timeframe established in subsection (d) constitutes a threat to 3 of 3 |
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| 64 | 64 | | 36public health, they shall, in writing, notify the appropriate board of health of such determination |
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| 65 | 65 | | 37and request that the board of health, in writing, notify the department of actions taken to effect |
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| 66 | 66 | | 38appropriate protection. If the commissioner is not so notified or, if after notification, the |
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| 67 | 67 | | 39commissioner determines the such actions are not sufficient to protect public health, the |
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| 68 | 68 | | 40department may restrict future funding provided under clause (iii) of subsection (f) and shall |
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| 69 | 69 | | 41report these insufficiencies in its report issued under subsection (j). |
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| 70 | 70 | | 42 SECTION 6. Section 224 of Chapter 238 of the Acts of 2024 is hereby amended by |
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| 71 | 71 | | 43inserting the following paragraph at the end of section:- “Nothing shall: (a) limit the authority of, |
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| 72 | 72 | | 44or discriminate by the withholding of funds, the ability of a local Board of health to act in its best |
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| 73 | 73 | | 45judgement, and In the best interest of its residents, to address an outbreak of a disease or health |
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| 74 | 74 | | 46care situation, or (b) infringe on a person’s fundamental rights afforded under the United States |
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| 75 | 75 | | 47Constitution or be used to coerce a person into relinquishing those rights, including the right to: |
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| 76 | 76 | | 48accept or decline any medical procedure or treatment, testing, or collection of specimens, or the |
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| 77 | 77 | | 49sharing of personal data or medical information; and the right to use complementary and |
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| 78 | 78 | | 50alternative healthcare services; attend education; or be employed.”. |
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