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