Worcester Senators Request Investigation Update on Death of State Police Recruit

(BOSTON 2/19/2024) — Worcester Senators Michael Moore, Robyn Kennedy, and Peter Durant this week sent a letter to Massachusetts Attorney General Andrea Campbell requesting an update on the status of the investigation into the tragic death of Massachusetts State Trooper Enrique Delgado-Garcia last year. Delgado-Garcia, who was just weeks away from graduation, died after reportedly being injured during a training exercise in a boxing ring at the Massachusetts State Police Academy in New Braintree in September 2024.

A Worcester native, Delgado-Garcia received his trooper badge and the State Police oath of office was administered in his UMass Memorial Medical Center hospital room in the final hours of his life on September 13th. An independent investigation was announced by Attorney General Campbell just over a week later, led by veteran attorney and former prosecutor David Meier.

Although specific details around the circumstances that led to his death remain unclear, media reports indicate that Delgado-Garcia sustained severe injuries during a training exercise that took place in a boxing ring on September 12th. He slipped into a coma and succumbed to his injuries a day later at UMass Memorial Medical Center in Worcester. It is unconfirmed what injuries Delgado-Garcia sustained, though an autopsy was reportedly completed. The State Police Academy’s boxing program was suspended and subsequently reintroduced in the 1990s in response to injuries.

These looming questions, along with allegations of hazing and harassment, remain unanswered almost five months later. “Trooper Delgado-Garcia’s family has patiently waited for answers to some of the hardest questions they will ever have to ask. Any information that you may be able to share related to the status of the investigation, the estimated duration of the investigation, and any preliminary factual findings would be deeply appreciated,” the Senators wrote in the letter.

In the days following Enrique Delgado-Garcia’s death, Senators Moore, Kennedy, and Durant sent a letter to Attorney General Campbell requesting the appointment of a conflict-of-interest Special Assistant Attorney General to investigate his death and to conduct a broader probe into the Academy’s culture and tolerance of harassment. The letter also requested that all findings be issued as a public report, and for it to include recommendations for changes to policy, practices, and culture at the State Police, including any changes to state laws or regulations.

Enrique Delgado-Garcia graduated from Worcester’s North High School in 2017. Following his graduation, he became a victim-witness advocate for Worcester County District Attorney Joseph D. Early Jr.’s office before leaving to join the Massachusetts State Police. Because of his connection to District Attorney Early’s office, the authority who would typically investigate an incident like this, the DA declined to handle the investigation, citing the potential conflict of interest.

The full letter is available online here.

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Governor Signs Bill Legalizing School Bus Traffic Safety Cameras

(BOSTON 1/14/2024) — Last week, Massachusetts Governor Maura Healey signed legislation that will allow cities and towns in Massachusetts to install automated traffic enforcement cameras on school busses to document drivers who unlawfully pass a bus while it is stopped and its stop sign is displayed. The bill, championed by Second Worcester District Senator Michael Moore, comes after a resolution was passed by the Worcester School Committee in November 2022 calling for local control over this issue.

S.3005 - An Act concerning the safety of school children embarking and disembarking school buses will help local police better enforce existing laws prohibiting the passing of a stopped school bus – laws that currently go underenforced. In districts that choose to employ them, these camera systems will take photos and videos of vehicles that are in violation of the law, but it will be up to the local police department to review the footage and decide whether a fine should be issued. Busses equipped with automated traffic cameras must be clearly marked and fines collected from violations will be allocated to the city or town in which the violation occurred.

“With the signing of this bill, we are taking a big step toward safer streets and more local control for communities across the Commonwealth,” said Senator Michael Moore (D-Millbury). “Passing a stopped school bus endangers our children and is against the law. In cities and towns that choose to use them, school bus mounted traffic safety cameras will help apply the law to those who violate it evenly and without bias. I’m thrilled that Massachusetts has joined over half of US states in legalizing this type of automated traffic enforcement – I look forward to continuing our work to make our roads safer for all in the new legislative term.”

To protect the privacy of drivers and pedestrians, the bill requires the implementation of certain measures to avoid capturing identifiable images of vehicle occupants unless unavoidable. Further, the law requires that non-violation recordings be destroyed within 30 days of capture, while violation-related data must be deleted within a year after final case resolution. Data, including images and videos, will be owned by the municipality and cannot be used for any other purpose by vendors. Districts using the system must file an annual report to the Massachusetts Department of Transportation detailing citation statistics, outcomes, costs, and revenue generated.

During the summer of 2023, Peabody Public Schools launched a pilot program that outfitted 10 of its school busses with automated traffic enforcement cameras. The district reported that, between September 1st and October 10th of that year, the cameras recorded 864 vehicles illegally passing stopped Peabody Public School busses. Though this program was only to collect statistics and was not used to issue citations, it illustrates the scale of the problem on Massachusetts streets and the urgency of this legislation.

The bill was approved by the Legislature in the final days of the 193rd General Court’s legislative session on December 30th, 2024. Having received Governor Healey’s signature on January 10th, 2025, it is now law.

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Legislature Passes Major Health Care Oversight Legislation, Regulates Private Equity

(BOSTON 1/7/2025) — Last week, the Massachusetts Legislature passed legislation that will close loopholes in the health care market regulatory process exposed by the collapse of Steward Health Care, increase financial transparency by gathering more information regarding hospital finances, and assist in maintaining a more stable and sustainable health care system. 

“The Massachusetts Legislature is taking steps to ensure that reliable, high-quality, and affordable health care is within reach of all Bay Staters,” said Senator Michael Moore (D-Millbury). “This bill will help address the fallout of the crisis created by private equity’s takeover of Steward Health Care while bringing more oversight to for-profit health care organizations in Massachusetts. Everyone deserves care that they can trust to help them live their best, healthiest life – the reforms contained in this legislation will get us closer than ever to that goal.”

Provisions of H.5159 – An Act enhancing the health care market review process include:

Strengthening Oversight

The bill makes important updates to the Commonwealth’s laws governing the oversight of hospital systems and provider organizations so the gaps exploited by Steward Health Care cannot be exploited again. Oversight measures include:

• Bolstering the reporting authority of the Center for Health Analysis and Information (CHIA) and scope of the oversight of the Health Policy Commission (HPC) by adding reporting requirements for hospitals and registered provider organizations (RPOs), including significant equity investors. Audited financial statement reporting is mandated for out-of-state operators of a hospital or RPO parent company, private equity investors, and management services organizations (MSOs).

• Enhancing penalties for not complying with CHIA data reporting requirements, including increasing and removing the cap on financial penalties.

• Requiring CHIA to notify HPC and the Department of Public Health (DPH) of failure to report, which will be considered during a review by the HPC in the Cost and Market Impact Review (CMIR) process and by DPH when considering a Determination of Need (DON) application or when reviewing licensure and suitability.

• Expanding DPH authority over the Board of Registration in Medicine to improve oversight and align Board activities with broader state market oversight goals.

• Requiring DPH to hold a public hearing prior to hospital and essential service closures, and authorizing DPH to seek an impact analysis of a hospital closure of any essential health service from HPC.

The bill expands the Attorney General’s authority to monitor health care trends and enforce the False Claims Act by allowing the office to seek information from significant equity investors, real estate investment trusts (REITs), and MSOs, and to hold entities with an ownership or controlling interest in a provider organization liable if they are aware of false claims submitted to the government. 

The bill makes significant reforms to prevent acute care hospitals from selling land to REITs. When Steward Health Care sold hospital properties to Medical Properties Trust (MPT) in 2016 for $1.25 billion, the hospital network agreed to lease back their former properties from MPT for exorbitant rents, siphoning away necessary resources and depriving the hospital operations and patients of needed investments. The legislation prohibits the future leasing of an acute hospital’s main campus from REITs. It requires increased disclosure of other lease arrangements as part of the licensure process with DPH.

In October 2023, a new mother tragically died at a Steward hospital after medical equipment that could have saved her life was repossessed because Steward couldn’t pay its bills. To prevent a similar tragedy, the legislation requires creditors, vendors, and hospitals to notify the state 60 days before any possible repossession of medical or surgical equipment, and makes any incident like this a reportable event to the state, similar to reporting of medical and drug errors. To improve patient safety, the bill also expands the Betsy Lehman Center’s medical error and patient safety data collection and reporting authority and modernizes the state’s Standard Quality Measure Set to improve provider reporting on patient care.

Increasing Financial Transparency & Addressing the Rising Cost of Health Care

To address the rising cost of health care in Massachusetts, the bill reforms the HPC and expands the HPC cost trends examination while also raising expectations on providers to meet the Commonwealth's cost containment goals. Provisions to combat the rising costs of health care include:

• Reconstituting the membership requirements for the HPC to include more current, relevant experience and insight into the trajectory of the healthcare market.

• Broadening the scope of HPC’s annual cost trends hearings and report to capture significant equity investors, health care REITs, MSOs, pharmaceutical manufacturing companies and pharmacy benefit managers (PBMs), MassHealth, the Division of Insurance (DOI), the Health Connector, and to request testimony from the Centers for Medicare and Medicaid Services.

• Expanding the HPC cost trends examination to include the new data collected by CHIA through the RPO process, and require submissions from significant equity investors, health care REITs, and MSOs.

• Requiring that expansions in capacity, transactions involving equity investor ownership, significant asset and real estate transfers, and for-profit conversions be added to the material change notice process.

• Requiring the submission of information including capital structure, general financial condition, ownership and management structure, and audited financial statements in transactions that involve a significant equity investor.

• Authorizing the HPC to examine the size and market share of any corporate affiliates or significant equity investors of the provider or provider organization, the inventory of health care resources maintained by the DPH, and any related data or reports from the office of health resource planning as part of a CMIR.

• Requiring that any final CMIR report issued by HPC must be referred to DPH for consideration during any pending determinations of need involving the provider or provider organization. 

This bill broadens CHIA’s duty to monitor acute hospitals’ financial conditions by requiring them to file margins, investments, and information on any relationships with significant equity investors, health care REITs, and MSOs. It also codifies DPH regulation to pause the DON timeline for an independent cost analysis (ICA), CMIR, and performance improvement plan and authorizes DPH to choose the entity conducting the ICA from a list of three entities submitted by the applicant.

Stability and Sustainability  

The bill moves state health resource planning to the HPC by establishing a new Office of Health Resource Planning to produce a state health plan as a forecast of anticipated demand, production, supply and distribution of health care resources on a state-wide and regional basis. The office will also conduct focused assessments of supply, distribution and capacity in relation to projected need of health care services.

The bill directs DOI to consider affordability when reviewing rates, while adhering to principles of actuarial soundness and solvency. It also creates a Primary Care Task Force to make recommendations to improve primary care access, delivery, and financial stability. The task force comprises 25 members and is chaired by the HPC and Executive Office of Health and Human Services (EOHHS). The task force's recommendations will include defining primary care services, creating standardized data reporting, establishing a primary care spending target for public and private health care payers, assessing impacts of health plan design on health equity, and devising ways to increase the primary care workforce and improve employment conditions. The state will publish relevant data on a primary care dashboard maintained by CHIA and Massachusetts Health Quality Partners.

Having passed both chambers of the Legislature, the bill now goes to the Governor for her signature.

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Legislature Enhances Oversight of Pharmaceutical Industry, Lowers Costs

(BOSTON 1/7/2024) — Last week, the Massachusetts Legislature passed comprehensive reforms to lower the cost of prescription drugs at the pharmacy counter and improve oversight of the state’s pharmaceutical industry.

S.3012 – An Act relative to pharmaceutical access, costs, and transparency, requires health insurers to cover life-saving medications for diabetes, asthma, and certain heart conditions with no or limited out-of-pocket costs for patients. The measure is particularly critical for residents of color, who disproportionately face chronic illnesses.

The bill takes bold action to lower out-of-pocket costs and ensure access to lifesaving medications by offering immediate price relief for prescription drugs used to treat diabetes, asthma, and certain heart conditions. For each condition, the bill requires insurers to eliminate cost-sharing requirements for one generic drug and to cap co-payments on one brand-name drug at $25 per 30-day supply.

It further brings down consumer costs by ensuring that consumers are not charged a cost-sharing amount, such as a co-pay, if it would be cheaper for them to purchase the drug without using their insurance.

“The cost of healthcare should not be a factor in whether an individual gets the medication and care they need to stay healthy,” said Senator Michael Moore (D-Millbury). “This bill takes big steps toward making prescription drugs more affordable, improving access to care, and better regulating the industries that sell and distribute lifesaving medications. I’m thrilled that the Legislature is once again showing Bay Staters and the country that we can do something about eye-popping prescription drug costs. I look forward to continuing our work to lower barriers to healthcare for everyone who needs it.”

Approximately 9% of Massachusetts residents have diagnosed diabetes and 6.2% of adults over 35 live with heart disease. In 2015, more than 10% of residents lived with asthma. Black residents face each at a higher rate – over 12% live with diabetes and nearly 14% of Black adults live with asthma.

The bill drastically increases state oversight of pharmacy benefit managers (PBMs), which currently negotiate prescription drug prices with little oversight, making it unclear if they consistently act in the best interest of consumers. To do so, the legislation authorizes the Division of Insurance (DOI) to license and regulate PBMs. PBMs are also prohibited from making payments to pharmacy benefit consultants or brokers who work on behalf of health plan sponsors during a contracting or bidding process.

To create a more complete data-driven picture of drug costs in Massachusetts, the Center for Health Information and Analysis (CHIA) will collect a range of drug cost information from pharmaceutical manufacturers and PBMs. With the data, CHIA can offer a more complete examination of the drivers of health care costs in its annual health care cost report, allowing policymakers and consumers to better understand the role of pharmaceutical manufacturers and PBMs in the health care system.

In addition to CHIA’s cost analysis, pharmaceutical manufacturers and PBMs will be included in the Health Policy Commission (HPC)’s Annual Health Care Cost Trends Hearing for the first time. Participation in the hearings will require manufacturers and PBMs to provide public testimony on the factors that influence drug costs, allowing those factors to be taken into account as the commission identifies how to improve care and reduce costs for residents.

Further, the legislation establishes the Office for Pharmaceutical Policy and Analysis within HPC, which will be tasked with analyzing trends related to pharmaceutical access, affordability, and spending in Massachusetts. The office will publish an annual report with recommendations for strategies to mitigate pharmaceutical spending growth, promote affordability and enhance pharmaceutical access.

Both chambers having accepted and enacted the conference committee report, An Act Relative to Pharmaceutical Access, Costs, and Transparency now heads to Governor Healey’s desk for her signature.

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Legislature Passes Bill Legalizing School Bus Traffic Safety Cameras

(BOSTON 12/30/2024) — Today, the Massachusetts Legislature approved legislation that will allow cities and towns in Massachusetts to install automated traffic enforcement cameras on school busses to document drivers who unlawfully pass a bus while it is stopped and its stop sign is displayed. The bill, championed by Second Worcester District Senator Michael Moore, comes after a resolution was passed by the Worcester School Committee in November 2022 calling for local control over this issue.

S.3005 - An Act concerning the safety of school children embarking and disembarking school buses will help local police better enforce existing laws prohibiting the passing of a stopped school bus – laws that currently go underenforced. In districts that choose to employ them, these camera systems will take photos and videos of vehicles that are in violation of the law, but it will be up to the local police department to review the footage and decide whether a fine should be issued. Busses equipped with automated traffic cameras must be clearly marked and fines collected from violations will be allocated to the city or town in which the violation occurred.

“When drivers pass a stopped school bus, they are endangering schoolchildren who are simply trying to get to or from school. We owe it to our youth to better protect them from roadway dangers,” said Senator Michael Moore (D-Millbury). “This legislation strikes a balance between bringing automated enforcement to those who violate laws that protect our schoolchildren while implementing safeguards to ensure individuals’ rights to privacy and due process are respected. A version of this law has already been approved in at least 24 other states – I am hopeful that Massachusetts will soon join them with Governor Maura Healey’s signature.”

To protect the privacy of drivers and pedestrians, the bill requires the implementation of certain measures to avoid capturing identifiable images of vehicle occupants unless unavoidable. Further, the law requires that non-violation recordings be destroyed within 30 days of capture, while violation-related data must be deleted within a year after final case resolution. Data, including images and videos, will be owned by the municipality and cannot be used for any other purpose by vendors. Districts using the system must file an annual report to the Massachusetts Department of Transportation detailing citation statistics, outcomes, costs, and revenue generated.

During the summer of 2023, Peabody Public Schools launched a pilot program that outfitted 10 of its school busses with automated traffic enforcement cameras. The district reported that, between September 1st and October 10th of that year, the cameras recorded 864 vehicles illegally passing stopped Peabody Public School busses. Though this program was only to collect statistics and was not used to issue citations, it illustrates the scale of the problem on Massachusetts streets and the urgency of this legislation.

Having been passed in the House and the Senate, the bill now goes to Governor Maura Healey’s desk for her signature.

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Legislature Passes Bill to Combat Substance Use Disorder

(BOSTON 12/23/2024) — Last week, the Massachusetts Legislature approved legislation to combat the opioid crisis and support residents living with substance use disorder (SUD).

H.5143, An Act relative to treatments and coverage for substance use disorder and recovery coach licensure, will expand non-opioid pain treatments, establish licenses for recovery coaches, and support pregnant people and their children who have been exposed to substances.

The bill will vastly expand access to opioid-reversal drugs like naloxone. In 2023, 2,125 lives were lost as a result of an overdose, 232 fewer than in 2022, according to the Department of Public Health (DPH). Since 2023, naloxone has reversed more than 10,000 overdoses in Massachusetts.

“The opioid crisis has left nowhere in America untouched, and communities in Massachusetts have been no exception. This bill will help us save the lives of individuals who suffer from a substance use disorder and help us get them on a path to recovery,” said Senator Michael Moore (D-Millbury). “Harm reduction is certainly not a comprehensive solution, but the provisions included in this legislation will give us more opportunities to address the root causes of addiction and reduce the devastating toll overdoses have on families across the Bay State. I am hopeful that we can continue our work in the Legislature to make overdose deaths a thing of the past.”

The bill mandates that all health plans cover opioid reversal drugs such as naloxone and Narcan – without cost-sharing or prior authorization. It also requires hospitals and substance use treatment facilities to educate patients on opioid reversal drugs and prescribe or dispense at least two doses to at-risk patients upon discharge. It also requires pharmacies in areas with high incidences of overdoses to maintain a sufficient and consistent supply of opioid reversal drugs while requiring them to stock both over the counter and prescription versions.

The bill includes several new insurance provisions, including a prohibition on life insurance companies from limiting or refusing coverage to a person solely because they obtained an opioid-reversal drug, and a prohibition on medical malpractice insurers from discriminating against health care practitioners who provide harm reduction services. It further updates requirements for insurance providers to ensure adequate coverage and access to pain management services including non-opioid treatments and expands access to non-opioid pain treatment by incorporating non-opioid alternatives into provider training.

No person should face discrimination because of substance use disorder or receiving medication for it in the past. This legislation therefore clarifies DPH’s authority to enforce anti-discrimination protections for people with SUD who are covered by public health insurance and prohibits discrimination against those lawfully possessing or taking medication for opioid-related SUD treatment.

Further, the bill protects public health and harm reduction organizations and their agents from professional disciplinary action or civil or criminal liability if they are providing drug checking services in good faith. It also protects individuals from criminal liability when seeking treatment from such organizations. This change should help detect and protect against deadly contaminants that are increasingly found in the drug supply.

In addition, the bill promotes the recovery of pregnant people on medications for substance use disorder by clarifying that encountering a substance-exposed newborn does not trigger an automatic referral to the Department of Children and Families (DCF). It further directs DCF to lead the creation of regulations related to care, treatment, and reporting of substance-exposed newborns.

It also establishes recovery coach licensing in the Commonwealth and places oversight under the DPH, to ensure compliance with best practices. Under this bill, insurance companies would be required to cover services provided by licensed recovery coaches.

A fact sheet with additional highlights of the compromise legislation is available online.

Having passed the Legislature, the bill now heads to the Governor’s desk for her signature.

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Governor Announces Massachusetts AI Hub to Advance Innovation

(BOSTON 12/20/2024) — Yesterday, Governor Maura Healey launched the Massachusetts AI Hub, a groundbreaking effort to make Massachusetts a national leader in artificial intelligence innovation. This pioneering initiative will drive cutting-edge collaboration between government, industry, startups and academia, pursue solutions to the world’s most critical challenges, and unlock economic opportunity for businesses and residents across the state.

The Massachusetts AI Hub will be established at the Massachusetts Technology Collaborative (MassTech), the state’s quasi-public economic development agency focused on advancing technology and innovation, and will leverage resources authorized in the Mass Leads Act to support AI initiatives and the creation of an AI Hub in Massachusetts.

“With every advance that artificial intelligence technology makes, its potential to revolutionize the way we live and work grows. Partnerships like those established by the Massachusetts AI Hub will help us harness these groundbreaking technologies for the good of everyone in the Commonwealth,” said Senator Michael Moore (D-Millbury). “I’d like to thank Governor Maura Healey and her administration for bringing key government, industry, and academic leaders together to create this initiative. Together, under the leadership of MassTech, we will stay on the forefront of AI advancement and bring its economic growth and prosperity to the people of Massachusetts in a responsible and sustainable way.” 

As part of today’s announcement, made during an event with leaders from the AI ecosystem at the Museum of Science in Boston, the Healey-Driscoll Administration also unveiled a partnership with the nonprofit Massachusetts Green High Performance Computer Center (MGHPCC) in Holyoke to expand access to sustainable high-performance computing that is necessary for AI innovation. Through the partnership, public and private higher education institutions, startups and businesses in the innovation ecosystem, and the residents of Massachusetts will be able to access this vital infrastructure. This partnership will involve joint investments from Massachusetts and MGHPCC partner universities that are expected to exceed more than $100 million over the next five years as it scales.

“Since the founding of our country, Massachusetts has pioneered revolutionary innovations that changed human history, from developing the first computer to creating lifesaving vaccines. Today, we are building on that longstanding legacy with the Massachusetts AI Hub,” said Governor Maura Healey. “Through the AI Hub, we will set the standard for AI development by supporting trailblazing research, attracting and retaining unparalleled AI talent, and transforming our state into the global leader in applied AI innovation, solving the greatest challenges facing our society today.”

“We have an opportunity to make our state the best place in the world for collaborative and responsible AI innovation,” said Lieutenant Governor Kim Driscoll. “The Massachusetts AI Hub draws from our state's existing strengths, including our unparalleled innovation ecosystem, world-class universities, highly skilled talent, and revolutionary spirit, to advance transformative technologies and power economic opportunity for all.”

The Massachusetts AI Hub will serve as the central entity for coordinating and managing key assets required for AI innovation, including data resources, high-performance computer power and interdisciplinary research. Convening Massachusetts’ world-class ecosystem of talent, industry, and academia, the AI Hub will accelerate research, foster homegrown industry from our universities and colleges, deploy AI for real-world applications, and train our state’s current and future workforce.

The framework for the Massachusetts AI Hub is informed by recommendations from the state’s AI Strategic Task Force, which the governor established in February 2024 to explore how the Healey-Driscoll administration can best support AI adoption and innovation to drive economic growth. The AI Strategic Task Force, co-chaired by the Executive Office of Economic Development and Executive Office of Technology Services and Security in partnership with the City of Boston and the University of Massachusetts, and comprised of representatives from universities, industry, and local and state government including Senator Moore, presented its final recommendations to the governor yesterday. The full report is available here.

Aligning with recommendations in the AI Strategic Task Force report, the AI Hub will center on three core components:

Infrastructure: The AI Hub will expand access to the high-performance computing that is critical for developing and deploying AI technologies, enabling researchers and businesses to scale their AI projects. The AI Hub will also establish a central location for high-quality datasets, which are essential for AI development, and promote data sharing across industries.

Innovation and Talent Ecosystem: Through grants, technical assistance and other resources, the AI Hub will promote interdisplinary research and partnerships between academia and industry; entrepreneurship programs and accelerators to support AI startups; AI adoption among small and medium-sized enterprises (SMEs); and workforce development initiatives that align with industry needs, retain and attract top AI talent, and ensure that the Massachusetts workforce is prepared for the future.

Equity and Values: The AI Hub will champion and accelerate the equitable and ethical development and deployment of AI across the state economy, supporting initiatives that reflect our state’s values and providing a clear benefit to the public that it serves.

As part of yesterday’s announcement, the Healey-Driscoll administration also launched a new partnership with UMass Amherst to recruit a cohort of students to work full-time in collaboration with Massachusetts state agencies on experiential AI projects for social good. The program builds on the success of InnovateMA, through which the administration partnered with Northeastern University to deploy co-op students to work alongside state agency partners to improve the delivery of services and programs for Massachusetts residents using AI. In addition to serving as an accelerator of state adoption of GenAI, these higher ed partnerships are a successful talent pipeline for the state; the majority of the first student cohort have come to work in agencies as either interns or full-time staff members.

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ADA Improvement Grant Awarded to Shrewsbury’s Edgemere Park

(BOSTON 12/9/2024) – Last week, the Massachusetts Office of Disability announced it had awarded almost $5 million in grants to 59 municipalities across the Commonwealth through the FY25 Municipal ADA Improvement Grant. Included amongst the recipients is Edgemere Park in Shrewsbury, which is slated to receive $58,000 to fund accessibility improvements.

Edgemere Park, located near Lake Quinsigamond in the Edgemere neighborhood of Shrewsbury, will receive an updated parking lot, a new walking path, and more accessible benches near the basketball court and baseball field with the funds allotted though the grant program. These improvements will allow those who are differently abled to better enjoy the park.

“I am so excited to hear that the Healey Administration will be helping to fund accessibility improvement projects at Edgemere Park in Shrewsbury,” said Senator Michael Moore (D-Millbury). “Public spaces where people can gather with friends and enjoy the outdoors should be accessible to everyone, regardless of their level of mobility. I’d like to thank the Governor and the Office on Disability for making these dollars available to help the Commonwealth become a more accessible place.”

“I am thrilled that Shrewsbury was awarded $58,000 through the Municipal ADA Improvement Grant program. These funds will allow Shrewsbury to improve accessibility at Edgemere Park, so that people with disabilities can enjoy spending time outside and participating in activities at the park,” said Representative Hannah Kane (R-Shrewsbury). “I thank the Administration for supporting Shrewsbury, and look forward to the completion of the accessibility improvements.”

The Municipal ADA Improvement Grant program is designed to help cities and towns plan and build accessibility improvement projects for people with disabilities. According to the Massachusetts Office on Disability, the FY25 cycle of this grant program represented the largest number of applications since the program was created 9 years ago, with “140 total applications, representing 36 planning grants and 104 project grants and a total requested amount of $15,276,866.28.” To accommodate for the greater interest in the program, its budget was increased from $4 million in FY24 to $5 million for FY25.

More information on the Municipal ADA Improvement Grant program can be found online here.

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Comprehensive Climate Bill Passes Massachusetts Legislature

(BOSTON 11/19/2024) — Last week, the Massachusetts Legislature passed sweeping climate legislation to empower the state’s fight against climate change and accelerate progress towards the state’s goals of net zero greenhouse gas emissions by 2050.

S.2967, An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers, reforms the siting and permitting of clean energy facilities, while responsibly reforming the gas distribution system. It vastly expands the electric vehicle (EV) charging network, incentivizes innovative technologies such as battery storage, fusion energy, advanced metering and meter socket adapters, includes measures to protect residents from high energy costs, and equips state agencies with the mandate to fight climate change.

The bill also contains an amendment introduced by Second Worcester District Senator Michael Moore aimed at establishing achievable emissions goals for medium- and heavy-duty trucks. The provision directs the Electric Vehicle Coordinating Council (EVCC) to re-evaluate plans that direct truck dealers to sell a certain percentage of electric vehicle trucks as of January 1st, 2025 – a goal that is unrealistic considering that the Class 7 and 8 electric trucks currently on the market do not achieve performance levels competitive with fossil fuel-powered trucks, nor does the infrastructure needed to support them reliably exist.

“The climate crisis is real, and it affects everyone. I’m thrilled that Massachusetts is doing what it can to not just reduce the strain we’re putting on our environment, but to contribute toward statewide and nationwide solutions,” said Senator Michael Moore (D-Millbury). “This legislation will get us closer to a cleaner, more sustainable world while protecting consumers from unaffordable rate hikes – not to mention creating thousands of jobs in the process. I’m proud to have gotten this important bill to Governor Healey’s desk, and I look forward to further extending our commitment to sustainability in the coming years.”

Together, the policies transform the future of energy generation, distribution, and consumption in Massachusetts. Major components of the legislation include:

Expediting siting and permitting. The bill consolidates reviews of clean energy siting and permitting, which will speed the pace of planning, constructing, and bringing clean energy infrastructure online to support clean energy technologies such as solar, wind, and storage to create an electrified future and reduce emissions.

Large projects that require state, regional, and local permits will be consolidated into a single permit that requires action within 15 months. Small projects with multiple local permits will also be consolidated into a single permit and require action within 12 months. Each process is modeled on the work of a commission established by the Healey-Driscoll Administration that received extensive feedback from a diverse group of stakeholders.

Expedited permitting is paired with enhanced community review via new offices created by the bill, including the Office of Environmental Justice and Equity, the Office of Public Participation at the Energy Facilities Siting Board, and the Division of Siting and Permitting at the Department of Energy Resources. Each office will be charged with engaging with and providing resources to communities and applicants to ensure a thorough, equitable and community-centered review. 

To help protect residents from bearing the cost of building new infrastructure, when possible, the state will require the Energy Facilities Siting Board to first consider maximizing the efficiency of current infrastructure through the use of innovative technologies such as advanced transmission technologies or grid-enhancing technologies before approving new construction. An online clean energy infrastructure dashboard will also be created to promote transparency and public accountability in real time. 

Protecting residents from high costs. By pairing lower rates for low- and middle-income consumers with cost-saving infrastructure changes, the legislation protects Massachusetts residents from paying more for electricity.

The bill incentivizes gas companies to pursue the expansion of climate- and cost-friendly networked heat pump systems and geothermal heating, modeled on successful pilots already underway in Framingham and Lowell. It does this by directing the Department of Public Utilities (DPU) to consider greenhouse gas impacts when it weighs a petition by a gas company to expand its territory, reigning in a mandate that historically offered preferential treatment to natural gas infrastructure over other methods of heating. The legislation also saves residents money by considering climate-friendly alternatives to leak-prone pipes instead of automatically replacing them with new natural gas pipes.

To ensure gas workers are protected as reforms to gas distribution system are undertaken, the bill establishes a special legislative commission to study the impacts of the energy transition and decarbonization on the current fossil fuel workforce. The bill further directs utility providers to offer lower rates to eligible low-income and moderate-income utility consumers.

Building out electric vehicle infrastructure. Expanding electric vehicle (EV) use and making it easier to charge a vehicle is crucial to reducing emissions, so this legislation expands the availability of charging stations. Along with making pole-mounted charger installation easier on streets and in parking lots, the bill centralizes statewide coordination of charger installation via the Electric Vehicle Infrastructure Coordinating Council (EVICC). The EVICC will also be responsible for identifying sites for a statewide network of fast charging hubs along Massachusetts highways and major roadways, as well as forecasting EV charging demand and determining its impact on the electric distribution grid over the next ten years. It further removes EV charger installation restrictions for residents who own parcels within condominiums, homeowner associations, and historic districts, and authorizes condo boards to install EV chargers on community parcels.

The legislation extends the MOR-EV program through 2027, giving residents more opportunities to qualify for a $3,500 to $6,000 rebate for the purchase of qualifying new or used electric vehicles. It also makes it easier for cities and towns to procure electric school vehicles—including electric school buses—and EV charging equipment for municipalities. The bill also seeks to dispel misinformation about electric vehicle and electric battery storage safety risks by requiring state guidance on the public health, safety, and environmental impacts of these technologies.

Fusion Energy and Battery Storage. The legislation makes Massachusetts the first state in the nation to add fusion energy to the list of Renewable Energy Portfolio Standard (RPS) Class I renewable energy generating sources, positioning the Commonwealth to be in a strategically beneficial position as fusion energy becomes commercially viable. Additionally, it sets a 5,000 MW energy storage procurement to back up intermittent clean energy resources such as solar and wind. It also authorizes DOER to coordinate with other New England states to consider competitive solicitations for long-term clean energy generation, including existing nuclear generation, for the benefit of the Commonwealth and the region.

Offshore Wind. To support the growing offshore wind industry that will provide clean power and new jobs, the legislation allows future offshore wind contracts to be set for terms of 15 to 30 years instead of the previous 20 year maximum. It also directs the Massachusetts Department of Energy Resources (DOER) to review the effectiveness of existing solicitations in contributing to state emissions requirements and to ensuring high labor standards in clean energy, including offshore wind, clean energy generation, and storage procurements.

It further requires DOER, in consultation with DPU and the Massachusetts Clean Energy Center (MassCEC), to issue guidance on long-term power purchase agreements (PPAs) between offshore wind developers and municipalities, including approved aggregation plans. The bill also expands existing tax credits for offshore wind facility employers, who now only need 50 full-time employees to be eligible for tax credits and refundable credits for capital investment.

Advanced Metering Infrastructure. As demand on the electrical grid increases with the adoption of electric vehicles and heat pumps, advanced metering infrastructure (AMI)—including smart meters, communications networks and data management systems—will enable efficient grid management and improved resiliency.

This legislation supports the rollout of these crucial technologies by requiring the utilities deploying them to create a centralized data repository to provide access to detailed AMI customer data, subject to customer approval. It also authorizes DPU to provide cost recovery for necessary expenses incurred by utilities in AMI implementation. It further maintains consumer protections by establishing an opt-out option for electric customers.

These changes will help companies and individuals use their devices more efficiently and provide real-time data to the grid, allowing for greater flexibility. The legislation also allows customers to install EV chargers or heat pumps without triggering the need for expensive electrical upgrades by authorizing the installation of meter socket adapters to effectively manage increased load.

Solar Energy. This bill establishes new policies to facilitate the deployment of solar energy through updates to historic district laws, providing policy recommendations through a solar canopy working group, and requiring DPU to explore expanding access to net crediting. It also expands affordability and access for low-income customers in the Solar Massachusetts Renewable Target (SMART) program and authorizes the transfer of SMART solar credits to customers in any electric utility territory.

Decarbonizing buildings. Because buildings across the state continue to be a major source of greenhouse gas emissions, this legislation advances efforts to decarbonize them. It authorizes condo association boards to install energy efficiency devices and EV chargers in common areas and increases the efficiency of heat pumps by allowing installers to use the most up-to-date refrigerants.

Supporting lean technology and innovation. To ensure that the next generation of technology is built in Massachusetts, the legislation will expand support to the state’s innovators. The legislation does this by expanding the purview of MassCEC to include carbon removal, embodied carbon reduction, and nuclear power. MassCEC is also directed to promote carbon removal and embodied carbon activities, and study opportunities for future carbon removal. 

Leading by example. The legislation directs the state to analyze its own climate impacts and how state infrastructure can be more climate friendly. It directs the Division of Capital Asset Management and Maintenance (DCAMM) to evaluate the climate impacts of state buildings and seek options for emissions reductions, and directs Massport to prioritize reducing emissions while pursuing commerce and growth. It also expands the mission of the Board of Building Regulations and Standards to include reducing emissions and embodied carbon.

Having passed both chambers of the Legislature, the measure will now be sent to the Governor’s desk for her signature.

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Sweeping Economic Development Bill Passes Massachusetts Legislature

(BOSTON 11/18/2024) — Last week, the Massachusetts Legislature passed a sweeping economic development bill authorizing a nearly $4 billion infusion into the Commonwealth’s economy while making wide-ranging policy changes to make Massachusetts more competitive.

The bold investments in H.5100, An Act relative to strengthening Massachusetts’ economic leadership, will stimulate new and proven industries, support workforce development and talent retention, and modernize economic growth strategies. Provisions of the bill will support small businesses, communities, and cultural development, ensuring that businesses Main Streets across the Commonwealth benefit from the economic boost.

The legislation includes a number of amendments and bond authorizations proposed by Second Worcester District Senator Michael Moore, including:

• Protecting Elections from Deepfakes – temporarily makes it illegal for a person, a candidate, a campaign, or a political party to distribute deceptive audio or visual media, including AI deepfakes, within 90 days of an election. This provision protects against materials intended to sway a voter’s opinion of a candidate as well as materials meant to mislead the public about the integrity of an election. While this specific provision will expire on February 1st, 2025, Senator Moore is committed to fighting to make the policy permanent.

• Auto Body Labor Rates – creates an advisory board made up of economists, labor advocates, and industry professionals to study auto body labor rates in neighboring states and the industry at large. The advisory board will write a report and make recommendations to the Division of Insurance, the House, and the Senate on how to ensure autobody workers are being paid fairly while protecting consumers from exorbitant repair costs by 2026.

• $5 million for Central MA Cyber Range – to create and operate a cybersecurity cyber range in the city of Worcester, to be operated by a partnership between Quinsigamond Community College and Worcester State University. The cyber range will provide virtual environments for students to learn in realistic cybersecurity labs that can simulate real-world attacks.

• $1 million for Auburn Commercial Sector Access – to support infrastructure improvements that will improve transportation to and from commercial entities in Auburn.

• $500,000 for Grafton Economic Improvements – for repairs and improvements to the 1 Grafton Common building in the town of Grafton.

• $100,000 for Millbury Economic Development – to support infrastructure improvements that will help revitalize downtown Millbury.

• $300,000 for Shrewsbury Economic Improvements – to create a master plan, a redevelopment plan for vacant property, and an economic development strategy for the town of Shrewsbury.

• $100,000 for Westborough Public Schools’ BORO Program – to purchase a wheelchair accessible vehicle for the Bridging Over Right Opportunities (BORO) program.

• $3 million for AI Financial Innovation and Research Center in Worcester – to establish Massachusetts as a leader in financial services by creating a research center in the City of Worcester that will focus on applying artificial intelligence and machine learning to the sector.

“Boosting Massachusetts’ workforce, small businesses, and key industries are crucial to ensuring the Commonwealth remains a national economic leader,” said Senator Michael Moore (D-Millbury). “I am pleased that the Legislature is making smart and targeted investments to keep the Bay State competitive and bring more economic opportunities to the people of Massachusetts. I’m also thrilled to share the important amendments I secured during Senate debate, including protecting the public from election misinformation during the 2024 election, advancing fair compensation for auto body labor workers, and bringing investments to programs and the economies of every single community in my district. This bill is good news for anyone who lives or works in Massachusetts, and I’d like to thank my colleagues for getting this bill done.”

Bond Authorizations

The legislation includes a total of $3.96 billion in capital authorizations for leading Massachusetts industries including life sciences and climatetech.

Climatetech investments. The bill provides $400 million in capital resources to the MassCEC (Massachusetts Clean Energy Center) to utilize over the next ten years, with $200 million authorized to support innovation and deployment of climatetech technologies and $200 million to support the offshore wind industry. 

It also establishes a new tax credit to invest in climatetech companies. A new program housed at MassCEC will develop and expand employment opportunities in climatetech and promote climatetech-related economic development by supporting and stimulating research, development, innovation, manufacturing, deployment and commercialization in the climatetech sector. The credit will be subject to a $30 million annual cap.

Life sciences. This legislation authorizes $500 million over ten years for the Life Sciences Breakthrough Fund to reauthorize the Commonwealth’s life sciences initiative.

Known as Life Sciences 3.0, the reauthorization adds health equity, biosecurity, digital health, and artificial intelligence to the mission of the Life Sciences Center. The bill increases the annual tax credit authorization for the life sciences industry from $30 million to $40 million.

Additional authorizations include:

• $400 million for the MassWorks Infrastructure Program to support public infrastructure projects and create jobs;

• $150 million for library construction projects;

• $103 million for artificial intelligence in systems across the state;

• $100 million for infrastructure improvements in rural communities;

• $21 million for resilience in agriculture and fishing; and

• $40 million for food science innovations, including $10 million to support the state’s nascent alternative protein industry.

Policy Changes

Numerous policy changes in the legislation targeted at growing the Massachusetts economy include:

Support for small businesses. The bill restructures two quasi-state agencies that are designed to be the gateway for access to state resources, the Massachusetts Growth Capital Corporation (MGCC) and Massachusetts Development Finance Agency (MassDevelopment).

The legislation also authorizes a five-year pilot program for the Commonwealth to assist small businesses in acquiring surety bonds. Large capital projects, whether public or private, often require retention of a surety bond by the contractor as financial security. Historically, economically and socially disadvantaged businesses often cannot acquire these bonds because of a lack of credit history or collateral. This program creates a self-sustaining state assistance program to open doors for more of these businesses.

Educator diversity. It allows the Department of Elementary and Secondary Education (DESE) to develop an alternative certification process for teachers who may face challenges passing the educator certification exam but can otherwise demonstrate their competence as teachers. The change will help Massachusetts diversify the K-12 educator workforce.

Live theater tax credit. It launches a new tax credit of up to $7 million annually to support local live theater productions. The credit will help Massachusetts artists working towards Broadway or off-Broadway launch a national tour.

Craft beer at farmers markets. The legislation updates the law to allow for locally produced craft beer to be sold at farmers markets, like wine and cider currently.

Ticketing transparency. It requires ticket sellers to clearly disclose the actual ticket price when listing tickets online and bans automated ticket purchasing software, otherwise known as bots. Bots drive up prices in the secondary market by creating artificial scarcity when fans try to purchase tickets from the artist or venue.

Professional soccer stadium and environmental cleanup in Everett. It allows for the construction of a professional soccer stadium and waterfront park on a parcel of land in Everett by removing the parcel’s classification as a designated port area. The change is expected to have positive environmental and economic impacts in surrounding communities as well as improve public transit connectivity.

Public funding for the construction of the stadium is not allowed, and funding for public infrastructure improvements associated with the stadium would require matching private funds. The language also requires community mitigation agreements with the cities of Everett and Boston. 

Strengthening local and regional public health systems. It overhauls the state’s fragmented public health system to ensure strong public health protections for all residents regardless of race, income, or zip code.

Honoring Mayor Menino. The bill renames the Boston Convention and Exhibition Center the Thomas Michael Menino Convention and Exhibition Center.

Pathway for foreign-trained physicians. It creates a pathway in Massachusetts for physicians previously authorized to practice medicine outside the United States to practice in an underserved region of the Commonwealth.

Nurse licensure compact. It includes a provision to admit Massachusetts in the national nurse licensure compact, which will help alleviate the critical workforce challenges facing the health care sector.

Civil service reforms. This legislation modernizes Massachusetts civil service laws to give communities more options in filling vacancies while giving qualified job seekers more opportunities to find a match.

Data centers tax credit. It creates a new tax credit to attract investment in qualified data centers.

Childcare as campaign expense. It removes current limitations on political candidates using campaign funds for childcare services that occur because of campaign activities.

FAFSA. The bill requires each school district to notify students prior to graduating from high school of the availability of FAFSA (Free Application for Federal Student Aid) and to provide students with information on financial aid options.

Liquor license equity. It removes an archaic requirement that a restaurant liquor license holder be a United States citizen, thereby creating a pathway for other qualified immigrants.

Project labor agreements. It authorizes public agencies and municipalities to enter into project labor agreements for public works contracts when such an agreement is in the best interest of the public agency or municipality.

Sustainability for farmers. Finally, the bill allows farmers to diversify how they use their farms, including using land for agritourism and selling goods made from produce they have grown themselves.

Having been passed by both chambers, the legislation now goes to the Governor’s desk for her signature.

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Senate Acts to Expand Insurance Coverage for Down Syndrome Treatment, Breast Cancer Screenings

(BOSTON 11/1/2024) — This week, the Massachusetts Senate passed two bills expanding services that must be covered by health insurers in the Commonwealth.

One requires that insurers provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services. The other requires insurers provide coverage for diagnostic examinations for breast cancer.

“I am proud that the Senate took action this week to help families struggling with expensive medical bills for essential screenings and treatments,” said Senator Michael Moore (D-Millbury). “Under one of these bills, breast cancer screenings will be uniformly covered under public and private insurance in the Commonwealth, ensuring women will not receive unexpected charges for these critical routine tests. Under the other bill, Bay Staters with Down syndrome will be able to access the care, therapy, and services they need to thrive – all under their standard insurance policy. These bills represent a great advancement toward making healthcare accessible to all, and I am hopeful that both of these pieces of legislation will make it to Governor Healey’s desk.”

Requiring Coverage for Breast Cancer Screenings

H.4918, An Act relative to medically necessary breast screenings and exams for equity and early detection, requires health insurance providers, including the Group Insurance Commission (GIC) and MassHealth, to provide coverage for diagnostic examinations for breast cancer, digital breast tomosynthesis screening, and medically necessary and appropriate screening with breast magnetic resonance imaging. Although access to routine preventive screening mammograms is currently covered under the Affordable Care Act, this legislation would go further and require coverage for certain screenings and exams currently not uniformly covered by law.

According to the Massachusetts Department of Public Health (DP), breast cancer was the leading cancer among Massachusetts females between 2016 and 2020, accounting for over 30 per cent of all new cancer diagnoses in the state, afflicting more than 30,000 individuals. 4,010 Massachusetts residents lost their lives to breast cancer in that time period.

According to the American Cancer Society, when breast cancer is localized and detected early, the five year relative survival rate is 99%.

“I am grateful to see this legislation, which I have worked on for nearly a decade, move forward,” said Senate Assistant Majority Leader Joan B. Lovely (D-Salem). “Early detection of breast cancer saves lives. This legislation makes those diagnostic exams used for early detection accessible and affordable, giving women the vital resources needed to catch breast cancer in its earliest stages. With this bill we are bolstering the Commonwealth’s commitment to providing higher quality, more equitable, and more accessible healthcare for women.”

“We know that in the fight against cancer, early detection is absolutely vital for the long-term success of the patients,” said Senate Majority Whip Michael F. Rush (D-Boston). “We also know that for one out of every ten women, initial mammogram screenings are not sufficient to detect possible indicators of breast cancer. This legislation passed by the Senate today ensures that all women in the Commonwealth have access to the digital breast tomosynthesis and MRI screening they need to catch cancer early without facing financial barriers. I’m grateful to Senator Lovely and House Chair James Murphy for their championship on this issue, and to my colleagues in the Senate, particularly President Spilka and Chairman Rodrigues, for their unending support for women’s issues and the fight against breast cancer.”

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending it to the Governor’s desk.

Requiring Certain Coverage for Down Syndrome Treatment

S.617, An Act relative to applied behavioral analysis therapy, requires health insurance providers to provide coverage for the treatment of Down syndrome through speech therapy, occupational therapy, physical therapy and applied behavior analysis services.

According to UMass Memorial Health, approximately 5,000 people in Massachusetts live with Down syndrome.

According to studies performed by the American Speech-Language-Hearing Association, speech therapy intervention improved decoding skills for word reading and had a positive impact on articulation in children with Down syndrome.

“Every child deserves a fair shot at learning, growing, and thriving in their community—and that includes children with Down syndrome,” said Senate Assistant Majority Whip Julian Cyr (D-Provincetown). “Applied Behavioral Analysis therapy has proven transformative for so many; yet too often, access to this essential support is out of reach for those who need it most. By ensuring insurance coverage for at-home ABA therapy, this legislation will make a powerful difference for families across the Commonwealth, lifting a burden that has existed for too long. It’s about time we make this gold-standard care accessible to all, so every child has the chance to realize their fullest potential.”

Having been passed by the Senate, the bill now goes to the House of Representatives for consideration.

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Senate Passes Supplemental Budget Including Community Health, Veterans Investments

(BOSTON 10/25/2024) — Yesterday, the Massachusetts Senate passed a supplemental budget closing out Fiscal Year 2024, fulfilling the state’s obligations to critical programs and services used by residents statewide.

The funding supports treatment for substance and alcohol misuse, public health hospital investments, universal school meals, and targets $12 million for fiscally distressed community health centers, among other investments. Boosting funding for health centers will help provide equitable care in cities and towns across the state.

“The final supplemental budget of FY24 will support healthcare, Veterans, meals for children, and more,” said Senator Michael Moore (D-Millbury). “I’m pleased to have worked with my colleagues to ensure funding is allocated to the programs that Bay Staters rely on. I am hopeful that we can swiftly get this bill to the Governor’s desk and signed into law.”

The bill makes several changes to benefit the state’s veterans, allowing veterans to receive free license plates and clarifying that municipalities can create veteran housing preferences within existing affordable housing frameworks.

It also ratifies several approved collective bargaining agreements.

Housing provisions of the bill will allow the Housing Development Incentive Program (HDIP) to fund certified housing development projects that include new construction or substantial rehabilitation of an existing property, and allow for the carryover of the $30 million annual HDIP tax credit authorizations if not fully awarded in a given year.

Further changes include clarifying tribal governments as eligible entities for the Municipal Vulnerability Preparedness program and clarifying the taxable net income of a corporation when the single sales factor is not applicable.

The legislation’s $700 million allocation includes:

• $11 million for tax abatements for veterans, widows, blind persons and the elderly.

• $12.7 million for the Municipal Regionalization and Efficiencies Incentive Reserve.

• $7.6 million for health and human services and MassHealth administration.

• $565.4 million for MassHealth caseload ($0 net cost after federal reimbursements).

• $5 million for public health hospitals.

• $1.3 million for labor and workforce development administration.

• $7.3 million for Residential Assistance for Families in Transition (RAFT).

• $8.7 million for universal school meals.

• $690,000 for the Chief Medical Examiner.

• $200,000 for the National Guard.

• $622,000 for the Massachusetts Emergency Management Agency.

• $1 million for the Massachusetts District Attorneys Association.

• $2.5 million for start-up costs for online lottery.

• $14 million for Section 35 treatment for substance and alcohol use disorder.

• $400,000 for mosquito-borne disease prevention.

• $46,000 for the county sheriffs.

• $12 million for fiscally strained community health centers.

The bill makes additional changes to modernize and clarify existing state laws.

A previous version of this bill having passed the House of Representatives, the two branches will now reconcile the differences between the bills before sending it to the Governor’s desk.

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Federal, State, Local Leaders Celebrate Opening of Millbury Veterans Support Center

(BOSTON 10/23/2024) — Today, elected officials and community members joined volunteers and staff to cut the ribbon on the new Central Massachusetts Veterans Support Inc. facility in Millbury, Massachusetts. This celebration symbolically marks the introduction of a new community center dedicated to Veterans of all branches of the United States Military, providing necessities such as food, clothing, comfort care, and other essentials.

Located on Route 146 in Millbury, CMVSI has already served 50,000 pounds of food to nearly 400 families in the Worcester area since its opening in June. $1 million in funding for the facility was secured by Senator Michael Moore in An Act Relative to Immediate COVID-19 Recovery Needs, Chapter 102 of the Acts of 2021.

“Our military Veterans face a disproportionate rate of food insecurity, poverty, and homelessness. We owe better to the brave men and women who have risked their lives to protect the ideals of our nation,” said Senator Michael Moore (D-Millbury). “I’m pleased to have secured $1 million through the Legislature to help make sure no Veteran or their family has to go hungry, and I could not be more thrilled to celebrate this new Central Massachusetts Veterans Support Inc. facility with all of the other leaders who helped make it a reality. I am hopeful that efforts to create support systems like these for our Veterans will continue throughout the Commonwealth and across the nation.”

"As someone who grew up in a military family, the Millbury Veterans Support Center is incredibly meaningful to me. It's spaces like these that serve as a place for veterans and their families to come together and connect about shared experiences, while also providing food and resources to those who need it most," said Lieutenant Governor Kim Driscoll. "I'm proud to be here today and proud of our administration's commitment to veterans. We've made significant progress in the way we support our military community, from signing the HERO Act to launching a campaign aimed at ending veteran homelessness. We look forward to continuing on this work and on supporting more projects like this one."

"This ribbon-cutting is more than just the opening of a building—it’s an investment in the dignity, well-being, and future of those who have served," said Executive Office of Veterans Secretary Jon Santiago. "When federal, state, and local leaders work hand in hand with nonprofits, we create more than facilities—we create opportunities for veterans and their families to thrive. This center is a powerful example of what we can achieve when we come together in support of our veterans."

State Representative Paul Frost (R-Auburn) commented, “I’m proud to have an organization like Central Massachusetts Veterans Support Inc. here in Millbury helping to make a difference in the wellbeing of those who have dedicated themselves to serving our country and protecting our way of life. The new facility in Millbury is a vital resource for addressing the needs of military personnel in the communities I represent and beyond, and I commend the efforts of this local non-profit in giving back to those who have already given so much for us.”

“The CMVSI Veterans Food Pantry was established with a vision to support all currently serving military personnel and Veterans in Central Massachusetts,” said AnnMarie Baxter, Executive Director of Central & Western Massachusetts Veterans Support Inc. “From the outset, our mission has been to provide first-class, streamlined pantry services to Veterans, ensuring that they are accessible when needed most. Thanks to the invaluable support of our state government partners and the local community, we are bringing that vision to life. Veterans can visit us once a week to shop for groceries, personal care items, clothing, and take part in various seasonal programs. It is crucial that we recognize, address, and meet the challenges faced by our Veteran community with dignity and a holistic approach.”

The food pantry at CMVSI is open to any individual who is currently a member of the military or who has served in the past. Proof of military service, such as DD214 form or a driver’s license that denotes military service, is required for a short registration process on the first visit – on following visits, individuals are only required to provide their last name. After entering the food pantry, Veterans may shop for anything they need including pantry staples, frozen foods, fresh produce, household goods, and more. After they are finished, their groceries are weighed before the individual may take them home, free of charge. Eligible individuals may visit once per week.

The development of Central Massachusetts Veterans Support Inc’s Millbury facility was funded by the Massachusetts Legislature and was supported with donated time and equipment from corporate partners. CMVSI’s food pantry and other programs are supported on an ongoing basis by the Commonwealth as well as by community and corporate partners.

Veterans who are in need of assistance can visit CMVSI at 135 Worcester Providence Turnpike in Millbury, Massachusetts. The facility is open from 10am to 3pm every Tuesday, Wednesday, and Thursday. More information can be found on their website.

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Legislature Passes Bill to Increase Commonwealth’s Competitiveness for Federal Funds

(BOSTON 9/24/2024) — Last week, the Massachusetts Legislature passed a bill that will allow the Commonwealth to more effectively compete for federal funding that could be invested in transformative projects related to transportation, housing, climate, economic development, and technology.

S.2954, An Act to provide for competitiveness and infrastructure investment in Massachusetts, takes advantage of the interest accrued from the Commonwealth’s Stabilization Fund and leverages that interest to ensure the state receives the maximum possible share of federal funds. The Commonwealth’s Stabilization Fund has an all-time high balance of over $8 billion. It is currently estimated that Massachusetts could receive up to $17.5 billion through historic, once-in-a-generation federal funding opportunities.

“Using the interest accrued by the Commonwealth’s rainy day fund to invest in our communities is a smart use of tax dollars, made even smarter when those funds can unlock massive federal grants for projects across the Bay State,” said Senator Michael Moore (D-Millbury). “Making Massachusetts more competitive is critical to ensuring we continue to attract game-changing companies and innovators to our state. I am thrilled to have voted to approve this measure, and I’d like to thank my colleagues in the Legislature and Governor Maura Healey for their leadership in unlocking more funds for the people of Massachusetts in a fiscally responsible way.”

The initiative requires the Comptroller to transfer interest from the Stabilization Fund to the Commonwealth Federal Matching and Debt Reduction Fund on a quarterly basis if the stabilization balance reaches certain benchmarks. The Secretary of Administration and Finance (A&F) would then pursue federal funding opportunities available due to the availability of federal funds for infrastructure, resiliency and economic development projects.

At its current level, the Stabilization Fund is anticipated to accumulate approximately $250 million in interest annually. Currently, that interest is deposited directly back into the fund. Once signed into law, this bill will require the Comptroller to transfer interest from the Stabilization Fund to the Commonwealth Federal Matching and Debt Reduction Fund when amounts exceed 10% of budgeted revenues of the previous fiscal year; and the balance of the fund has not decreased in the previous year. When a diversion does occur, the interest will be used for two key purposes, including matching funds for federal grants, during this unique opportunity of Federal investments; and long-term debt management strategies.

Over the coming years, this bill is expected to unlock more than $800 million in funds that will be used to fund the state or municipal match requirement for federal competitive grant opportunities, as well as planning work that will help municipalities with the process of preparing applications for federal grants. Once federal grant opportunities expire, money in this fund will go toward reducing the Commonwealth’s long-term liabilities.

Through three pieces of federal legislation – the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act – over $2 trillion in spending is being made available to states through competitive grant programs and formula allocations. With this bill, the Commonwealth will be maximizing its position to capitalize on these substantial federal funding opportunities. 

Having been passed by both chambers, the bill now goes to the Governor for her signature. 

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Worcester Senators Request Independent Investigator for State Police Academy Death

(BOSTON 9/20/2024) – Yesterday, the three Massachusetts State Senators representing the City of Worcester sent a letter to Attorney General Andrea Joy Campbell requesting the appointment of a conflict-of-interest Special Assistant Attorney General (“Conflict SAAG”) to investigate the circumstances around the tragic death of Worcester resident Enrique Delgado-Garcia during a training exercise at the Massachusetts State Police Academy in New Braintree. Delgado-Garcia was reportedly injured in a boxing ring during an exercise on Thursday, September 12th and died at UMass Memorial Medical Center the following day.

Prior to his death, Delgado-Garcia stated that he was subject to hazing and harassment while training at the State Police Academy, according to media reports. Although a State Police spokesman denies this, a former classmate alleges targeted hazing and harassment as well. “This demands a comprehensive and independent investigation – and only a fully empowered Conflict SAAG can deliver that investigation,” the letter, signed by Senators Michael Moore, Robyn Kennedy, and Peter Durant, states.

“The death of State Police trainee Enrique Delgado-Garcia is heartbreaking. This tragedy deserves a full independent investigation by a conflict-of-interest Special Assistant Attorney General, especially in light of revelations that Enrique reported hazing and harassment by fellow classmates and instructors,” said Senator Michael Moore (D-Millbury). “Hazing should never be tolerated, especially if targeted on the basis of race or ethnicity – doubly so from an agency that holds itself up as the Commonwealth’s chief law enforcement authority. If the allegations of targeted harassment are true, something must be done to fix the broken culture within the Academy to ensure this never happens again. We owe it to Enrique, to his family, and to all future recruits of the Academy to make sure a thorough investigation by an independent party is completed.”

“Enrique Delgado-Garcia and his family deserve a comprehensive and transparent review of the circumstances that led to his tragic death. This is not just about understanding what happened during the training exercise, but ensuring that the training at the Massachusetts State Police Academy is both safe and equitable for all recruits,” said Senator Robyn Kennedy (D-Worcester). “A full and independent investigation is the only way to ensure accountability and justice. Rigorous training is essential, but it should never come at the expense of an individual’s dignity, safety, or life. We must do everything we can to prevent future tragedies and create an environment of fairness and respect. Enrique’s family, and all future recruits, deserve no less."

The letter, beyond requesting the appointment of a Conflict SAAG, urges that the investigator be given the authority to issue and enforce compulsory legal processes to obtain documents and testimony, as well as be given the power to prosecute potential state crimes and coordinate with federal officials, if necessary. Further, the letter requests that the Conflict SAAG be required to issue a public report with their findings, as well as recommendations for changes to policy, practices, and culture at the State Police, including any changes to state laws or regulations.

Although details around the circumstances that led to his death remain unclear, media reports indicate that Delgado-Garcia sustained severe injuries during a training exercise that took place in a boxing ring on September 12th. After being rushed to UMass Memorial Medical Center in Worcester, he was administered the oath of office before he passed on September 13th. It is unconfirmed what injuries Delgado-Garcia sustained, though an autopsy was reportedly completed. The State Police Academy’s boxing program was suspended and subsequently reintroduced in the 1990s in response to injuries.

Enrique Delgado-Garcia graduated from Worcester’s North High School in 2017. Following his graduation, he became a victim-witness advocate for Worcester County District Attorney Joseph D. Early Jr.’s office before leaving to join the Massachusetts State Police.

Because of his connection to District Attorney Early’s office, the authority who would typically investigate an incident like this, the DA declined to handle the investigation, citing the potential conflict of interest.

“We acknowledge that an independent investigation into the Commonwealth’s State Police is a major development, but the recent history of the State Police, other allegations of harassment at the State Police Academy and this incident warrant this response,” the Senators write.

The full letter is available online here.

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Letter: Worcester Senators Request Special Investigation into State Police Academy Death

Dear Attorney General Campbell:

We write to request the appointment of a conflict-of-interest Special Assistant Attorney General (“Conflict SAAG”) to investigate the circumstances around the tragic death of Worcester resident Enrique Delgado-Garcia. According to media reports, Enrique stated that he was subject to hazing and harassment at the State Police Academy. This demands a comprehensive and independent investigation – and only a fully empowered Conflict SAAG can deliver that investigation. This incident is the latest in long series of issues for the State Police. We strongly encourage you to empower the Conflict SAAG to investigate not only this situation but also to investigate any additional matters that may arise directly from their investigation.

In addition, the Conflict SAAG should be authorized to issue and enforce compulsory legal process for documents and testimony and prosecute state crimes arising from their investigation. Moreover, the Conflict SAAG should be authorized to refer matters to, and coordinate with, federal officials.

Finally, the Conflict SAAG should be required to issue a public report at the conclusion of their investigation along with any recommendations for changes to policies, procedures, practices and culture at the State Police, including any changes to state law or regulations.

We acknowledge that an independent investigation into the Commonwealth’s State Police is a major development, but the recent history of the State Police, other allegations of harassment at the State Police Academy and this incident warrant this response.

Thank you for your consideration of this request.

Sincerely,

Senator Michael O. Moore, Second Worcester District

Senator Robyn K. Kennedy, First Worcester District

Senator Peter J. Durant, Worcester and Hampshire District

Letter: Worcester Leaders Question Transfer of Worcester Juvenile Court Judge

Dear Chief Justice Gershengorn:

It has come to our attention that Judge Julie A. Lowre, after two years sitting on the Worcester Juvenile Court, has been transferred to Plymouth Juvenile Court. This transfer once again leaves the Worcester Juvenile Court, amongst the busiest in the Commonwealth, with five judges – a number that has proven over the past decade to be inadequate for the handling of time-sensitive youth cases in the communities we represent. We are struggling to understand the reasoning behind this transfer given Senator Moore’s five-plus year push to add a sixth judge to help deal with the large number of cases the Court faces.

While we understand that the Plymouth Juvenile Court is in need of judges, we are requesting clarification as to why and how Worcester was selected to have one of our critically needed judges transferred away. It has been just over six months since a sixth judge was confirmed to the Worcester Juvenile Court – a position that we’d like to reemphasize was created in 2018 via legislative action but not filled for six years – and this action returns us to a number of judges that has proven inadequate for the people of Worcester County. Children and families who have cases pending before the Court will now once again be told that they will face further delays.

During Senate budget debate for the FY19 budget, in response to calls from families, advocates, former judges, and city officials, Senator Moore worked with Senators Anne Gobi and Barbara L’Italien to introduce an amendment to the budget that would create a new judgeship on the Worcester Juvenile Court.[1] The legislature’s intent could not be more clear as the adopted amendment was titled “Worcester County Juvenile Court.”[2] The FY19 budget also correspondingly increased the legislative cap for the total number of trial court justices.[3] This action was meant to alleviate the stress our court faced due to the extreme number of cases before it. After these changes were signed into law as part of the FY19 budget, 21 state legislators wrote to Governor Baker stressing the need to fully empower the Worcester County Juvenile Court.[4] It took six years to fill this judgeship, and this transfer returns us to an inadequate status quo with no plan of action to fix it and no information from the Judiciary on if and when the decision will be reversed.

Statewide statistics show that the Worcester Juvenile Court is one of the busiest in Massachusetts when it comes to cases related to abuse and neglect. These are matters we take very seriously, especially in the shadow of the mishandling of the Harmony Montgomery case. If children in our community are being removed from their homes, they are owed a timely hearing before a judge to determine whether they will be best served by being returned to their homes or being placed with guardians. This process, which often takes years, leaves lasting trauma and negatively affects the development of these children during the most formative years of their lives.

We do not find it acceptable to extend the timeline of the resolution of these cases for individuals in my community. We also do not find it acceptable for the Court to decline to explain its decision.

We write to you to request a formal explanation of the decision-making process behind the transfer of Judge Lowre to the Plymouth Juvenile Court, including information about why Worcester was selected, whether other larger county juvenile courts were considered, and whether this move is permanent. We are also requesting that Judge Lowre be immediately transferred back to the Worcester Juvenile Court and would like a timeline on when this restoration will occur. In the meantime, we are requesting an explanation on what the Court is doing to alleviate the stress this puts on the children and families with cases currently before it. We understand that the Governor is responsible for filing judicial vacancies, but if the Judiciary is going to transfer appointed judges to other courts, it has a responsibility in this situation as well. The action you have taken has undermined years of legislative effort to increase the capacity of the Worcester County Juvenile Court; the least the Judiciary can do is provide the legislature with an explanation.

The futures of children in the communities we represent are literally on the line. We hope you will take this matter as seriously as we do.

Sincerely,

Senator Michael O. Moore, Second Worcester District

Councillor Paul M. DePalo, Governor’s Council District 7

[1] See St. 2018, c. 154, § 51 (Amending Section 58 of Chapter 218 of the General Laws by increasing the number of associate justices of the trial court for the juvenile court department to 5, up from 4.)

[2] See Amendment 999 to the FY19 Senate budget, https://malegislature.gov/Budget/FY2019/SenateDebate/Amendments/Worcester%20County%20Juvenile%20Court

[3] Id at. § 47 (Amending Section 1 of Chapter 211B of the General Laws by increasing the number of authorized trial court justices to 384, up from 383).

[4] See Letter to Governor Baker regarding the Situation in the Worcester County Juvenile Court (February 18, 2019) (attached).

Massachusetts Legislature Acts to Transform Long-Term Care Sector

(BOSTON 9/5/2024) – Last week, the Massachusetts Legislature passed sweeping reforms to the long-term care and assisted living sectors, taking a powerful step towards delivering high quality and safe care for older residents across the Commonwealth.

An Act to improve quality and oversight of long-term care strengthens the Commonwealth’s oversight of nursing homes, provides critical anti-discrimination protections for LGBTQ+ nursing home residents, and permanently allows assisted living residences to offer basic health services.

“Massachusetts seniors deserve the highest quality care as they age with dignity,” said Senator Michael Moore (D-Millbury). “This bill addresses many of the recurring issues and inequalities that have long plagued long-term care and assisted living facilities in the Commonwealth, while bringing greater oversight and strong whistleblower protections for when things do go wrong. I’d like to thank my colleagues for their leadership on this issue, and I look forward to continuing our work to better the lives of our elders.”

The bill includes provisions related to basic health services administered in assisted living facilities and oversight of long-term care facilities, including the following:

Inclusion for LGBTQ+ Residents. The legislation requires each long-term care facility to provide staff training on the rights and care of LGBTQ+ older adults and older adults living with HIV. It also forbids any long-term care facility and long-term care facility staff from discriminating based in whole or in part on a person’s sexual orientation, gender identity, gender expression, intersex status or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms, or through room assignments.

Building the Long-Term Care Workforce. The Long-Term Care Workforce and Capital Fund established in the bill supports several new initiatives to recruit and retain a dedicated long-term care workforce, including grants to develop new Certified Nursing Assistants (CNAs), career ladder grants for direct care workers to train to become Licensed Practical Nurses (LPNs), along with leadership and supervisory training for nursing home leaders. The fund also establishes a no interest or forgivable capital loan program to off-set certain capital costs, including the development of specialized care units, and to fund other capital improvements. Civil penalties secured by the Attorney General against nursing home facilities for abuse or neglect will be deposited into the fund to support these initiatives.

Estate Recovery. The legislation limits MassHealth estate recovery to only federally mandated recovery and removes estate recovery for residents receiving assistance under CommonHealth.

Medication Aides. It requires the Department of Public Health, in consultation with the Board of Registration in Nursing, to create a program for the certification, training, and oversight of certified medication aides who shall be authorized to administer medications to residents of long-term care facilities.

Expanding Access to Basic Health Services. The bill makes it easier for residents of assisted living residences (ALRs) to offer basic health services such as helping a resident administer drops, manage their oxygen, or take a home diagnostic test. The legislation requires ALRs create service plans that demonstrate the residence has the necessary procedures in place, such as staff training and policies, to ensure safe and effective delivery of basic health services.

Enhancing State Oversight and Compliance to Ensure Quality Care. The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25 per cent to five per cent. Under the new law, applicants are required to demonstrate that any prior multifamily housing, ALR, or health care facilities in which they had an interest met all the licensure or certification criteria. If any of these facilities were subject to enforcement action, the applicant must provide evidence that they corrected these deficiencies without revocation of licensure or certification.

This bill also gives the Executive Office of Elder Affairs (EOEA) new powers to penalize non-compliance by allowing them to fine ALRs up to $500 per day. This is in addition to existing EOEA powers to modify, suspend, or revoke a certification, or deny a recertification. Finally, it adds whistleblower protections for staff and residents who report anything happening at an ALR that they reasonably believe is a threat to the health or safety of staff or residents.

Further, it authorizes the Attorney General to file a civil action against a person who: commits abuse, mistreatment or neglect of a patient or resident; misappropriates patient or resident property; recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or misappropriate patient or resident property.

Long Term Care Facilities. The bill requires the Department of Public Health (DPH) to inspect each long-term care facility annually to assess quality of services and compliance. It also requires DPH to review the civil litigation history, in addition to the criminal history, of the long-term care facility applicants, including any litigation related to quality of care, patient safety, labor issues, or deceptive business practices.

The bill requires DPH to review the financial capacity of an applicant and its history in providing long term care in Massachusetts and other states. It requires applicants to notify DPH if it is undergoing financial distress, such as filing for bankruptcy, defaulting on a lending agreement, or undergoing receivership.

It allows DPH to limit, restrict, or revoke a long-term care facility license for cause, such as substantial or sustained failure to provide adequate care, substantial or sustained failure to comply with laws or regulations, or lack of financial capacity to operate a facility. It also gives DPH the power to appoint a temporary manager if a long-term care facility owner fails to maintain substantial or sustained compliance with laws and regulations. This manager would be brought on for at least three months, at the facility owner’s expense, to bring the facility into compliance.

Small House Nursing Homes. Small House nursing homes have emerged over the last two decades as an alternative to traditional long-term care facilities with a growing body of evidence demonstrating superior clinical outcomes in addition to higher resident and staff satisfaction levels. The bill would streamline the process for small house nursing homes to be licensed in the Commonwealth.

Outbreak Response Planning, Enhanced Training, and Financial Performance. The bill requires long-term care facilities to develop individualized outbreak response plans to contain the spread of disease and ensure consistent communication with DPH, residents, families, and staff. These plans must include written policies to meet staffing, training, and facility demands during an infectious disease outbreak and requires plans to be reviewed and resubmitted to DPH annually.

The bill also directs DPH to establish and implement training and education programs on topics such as infection prevention and control, resident care plans, and staff safety programs.  DPH would also be required to promulgate regulations necessary to enable residents of a facility to engage in in-person, face-to-face, or verbal/auditory-based contact, communications, and religious and recreational activities.

This legislation also directs DPH, in coordination with other agencies and departments, to examine cost trends and financial performance across the nursing industry that will help regulators and policymakers untangle the complicated ownership structure of nursing homes.

Uniform Prior Authorization Forms. The bill requires the Division of Insurance (DOI) to develop and implement uniform prior authorization forms for admissions from acute care hospitals to post-acute care facilities.

Two-Year Prior Authorization Pilot. This legislation requires that all payers, including MassHealth, to approve or deny a request for prior authorization for admissions from acute care hospitals to post-acute care facilities or home health agencies for post-acute care services, by the next business day or to waive prior authorization altogether when a patient can be admitted over the weekend. In the case of prior authorization for non-emergency transportation between health care facilities, once authorization has been granted, that authorization must remain valid for at least seven days.

Hospital Throughput Task Force. The bill establishes a task force to study and propose recommendations to address acute care hospital throughput challenges and the impact of persistent delays in discharging patients from acute to post-acute care settings. The task force will examine hospital discharge planning and case management practices; administrative legal and regulatory barriers to discharge; efforts to increase public awareness of health care proxies; post-acute care capacity constraints; the effectiveness of interagency coordination; and other items.

MassHealth Long-Term Care Eligibility. The bill requires MassHealth to study the cost and feasibility of changes to it eligibility requirements for with the goal of reducing the time applicants spend at acute-care hospitals awaiting long-term care eligibility determinations. The study will consider improvements to the eligibility determination process; establishing a rebuttable presumption of eligibility; guaranteeing payment for long-term care services for up to one year; and expanding the undue hardship waiver criteria.

HPC Study of Medicare ACOs. This legislation requires the Health Policy Commission (HPC) to conduct an analysis and issue a report on the impact of Medicare accountable care organizations on the financial viability of long-term care facilities and continued access to services for Medicare patients.

The compromise legislation now having passed the Legislature, the bill now goes to the Governor’s desk for her signature.

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Massachusetts Legislature Passes Comprehensive Maternal Health Bill

(BOSTON 8/19/2024) – Last week, the Massachusetts Legislature passed a comprehensive maternal health bill which creates a state licensure pathway for midwives and lactation consultants, encourages the creation of more freestanding birth centers, establishes a grant program to address maternal mental health and substance use disorder, and expands the statewide universal postpartum home visiting program. This legislation also mandates that insurers provide coverage for postpartum depression and major depressive disorder screenings for perinatal individuals.

“Providing accessible, affordable, and quality maternal care to expecting mothers is how we can set Bay State families up for healthy futures,” said Senator Michael Moore (D-Millbury). “The Massachusetts Legislature is acting to bring midwife services, mental health resources, and more to vulnerable expecting mothers across the Commonwealth. I’m proud to have voted to approve this bill, and I look forward to continuing our work to support mothers at every stage of parenthood.”

The legislation creates a state license that certified professional midwives must receive in order to practice midwifery, and requires certain insurance providers, such as MassHealth, to cover doula and midwifery services including prenatal care, childbirth, and postpartum care. The bill creates the Board of Registration in Midwifery within the Department of Public Health (DPH) to license and provide oversight of licensed certified professional midwives. Licensed certified professional midwives would be required to coordinate emergency care if needed and would also be able to issue prescriptions for certain drugs, under regulations to be promulgated by the Board and DPH. The bill also ensures equitable reimbursement of certified nurse-midwives by requiring that they receive payment rates equal to those for the same services performed by a physician under MassHealth.

To encourage the creation of more freestanding birth centers, which operate independent from hospital systems, the bill requires DPH to promulgate updated regulations governing the licensure of freestanding birth centers to ensure safe, equitable, and accessible birth options.

The legislation also requires that MassHealth cover noninvasive prenatal screenings to detect whether a pregnancy is at increased risk for chromosomal abnormalities for all pregnant patients regardless of age, baseline risk, or family history. The bill requires health insurers to provide coverage for medically necessary pasteurized donor human milk and products derived from it, serving as a critical source of nutrition for the growth and development of babies, particularly for vulnerable premature infants. To better support new mothers in their feeding journeys, the bill also authorizes the Board of Allied Health Professionals to license lactation consultants to ensure their services are eligible for reimbursement through the patient’s insurance.

The legislation provides critical support for birthing people and their families during the postpartum period, including requiring DPH to conduct a public awareness campaign about perinatal mood and anxiety disorders, and to develop and maintain a digital resource center that will be available to the public. It also requires that perinatal individuals be offered a screening for postpartum depression and major depressive disorder, and that those services be covered by health insurance plans. To better address barriers in access to care and reduce racial inequities in maternal health, the bill expands the universal postpartum home visiting program administered by DPH and provides coverage for the program’s services.

Additionally, the bill requires DPH to develop and disseminate public information about pregnancy loss to the public and perinatal health care workers to prioritize the physical and mental health care of patients affected. It also requires DPH to establish a program to conduct fetal and infant mortality reviews (FIMR) to identify social, economic, and systems level factors associated with fetal and infant deaths and inform public health policy programs. The bill also includes a provision that will allow Massachusetts residents to use earned paid sick time in the event of a pregnancy loss.

The bill ensures that the Maternal Mortality and Morbidity Review Committee will have access to essential records required to conduct thorough and timely reviews of maternal deaths and pregnancy complications. This will enable the Committee to formulate comprehensive recommendations to improving maternal outcomes and prevent mortality. The bill also establishes a grant program under the Executive Office of Health and Human Services aimed at addressing maternal mental health. This program will support the establishment or expansion of initiatives serving perinatal individuals, particularly those in underserved populations, to improve mental health, behavioral health, and substance use disorder.

The bill establishes a nine-member task force to study the current availability of, and access to, maternal health services and care, as well as essential service closures of inpatient maternity units and acute-level birthing centers. The task force will identify methods of increasing financial investment in, and patient access to, maternal health care in the Commonwealth.

Having passed both chambers, the bill now goes to the Governor’s desk for her signature.

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Massachusetts Legislature Passes HERO Act

(BOSTON 8/8/2024) – The Massachusetts Legislature has passed An Act Honoring, Empowering and Recognizing Our Service Members and Veterans (HERO Act), legislation designed to boost support for hundreds of thousands of individuals across the state who have served in the United States military, including nearly 30,000 women Veterans and thousands of LGBTQ+ Veterans.

This compromise legislation increases and simplifies benefits and opportunities, modernizes services, and promotes inclusivity for Massachusetts Veterans while reaffirming the Commonwealth’s commitment to recognizing and serving all service members and their families. It increases benefits for disabled Veterans and Gold Star family members, bolsters new and existing initiatives for municipalities and businesses to support Veterans, creates comprehensive services for active-duty service members and military families, expands the scope of the Veterans Equality Review Board, updates the Chapter 115 definition of a Veteran to expand eligibility, and codifies medical, behavioral health, and dental benefits.

Further, it establishes new recognitions for military service in the Commonwealth and requires several working groups to review post-traumatic stress disorder in Veterans, mental health treatments for Veterans, and overall quality of life for Veterans in Massachusetts.

“Those who have made the selfless choice to join the United States Armed Forces deserve the best benefits and services our Commonwealth can offer,” said Senator Michael Moore (D-Millbury). “The HERO Act ensures we recognize all types of military service and that the families of servicemembers are supported both while they are deployed and after they return home, just to name a few benefits of this bill. I’m proud of the support the Commonwealth offers our Veterans, and I’m thrilled that this bill will continue to bolster our military community.”

A compromise having passed the Legislature, the bill now goes to the Governor’s desk for her signature.

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