LEGISLATURE PASSES $11.3 BILLION TRANSPORTATION AND INFRASTRUCTURE BILL 

(BOSTON – 07/31/2022) The Legislature’s final version of the transportation bond bill, which was released from conference committee on Saturday, was enacted by both the House and Senate on Sunday. It authorizes over $11.3 billion for transportation and infrastructure projects, including $400 million for the Massachusetts Bay Transportation Authority (MBTA) to address ongoing safety concerns identified by the Federal Transit Administration’s Safety Management Inspection and $275 million for the East-West passenger rail project. 

“Not only does this bill fund much-needed transportation repairs for all modes and communities, but it also goes much further to invest in infrastructure that is more modern, environmentally sustainable, and regionally equitable,” said Senate President Karen E. Spilka (D-Ashland). “The support for electric vehicles, regional transportation authorities, MBTA safety investments, low-income fares on public transit, expanded East-West connectivity, and many other initiatives in this bill will benefit residents, visitors and businesses throughout Massachusetts.” 

“I am grateful that we were able to get a compromise Transportation Bond Bill to Governor Baker’s desk that maintains the $275 million for West-East rail that we fought so hard for in the original Senate bill,” said Senator John C. Velis (D-Westfield). “This important funding authorization is a clear message of support and is a huge step towards making this project a reality.” 

“I’m incredibly proud of the work done by the Legislature to ensure that several of the Commonwealth’s most vital transportation infrastructure projects are sufficiently funded,” said House Speaker Ronald J. Mariano (D-Quincy). “As the MBTA continues to address ongoing safety concerns, and as the East-West passenger rail project begins, this package demonstrates the Legislature’s commitment to investing in these meaningful efforts, and to continuing support for other improvements to roads and bridges across Massachusetts.” 

Other highlights of the bill include: 

  • $3,500,000,000 for projects funded with discretionary federal grant funds, including funds from the federal Bipartisan Infrastructure Law 
  • $2,812,457,157 for projects on the interstate and non-interstate federal highway system 
  • $1,375,000,000 for sustainable transit system modernization and rail improvements 
  • $1,270,000,000 for non-federally aided roadway and bridge projects and for the non-participating portion of federally aided projects 
  • $145,000,000 for multi-modal transportation planning and programming 
  • $114,100,000 for the Airport Improvement Program 
  • $85,000,000 for pavement and surface conditions on non-federally aided roadways 
  • $82,000,000 for rail improvements 
  • $64,900,000 for projects of regional transit networks and facilities 
  • $25,501,000 for the Mobility Assistance Program 
  • $25,000,000 for pavement and surface conditions on municipal roadways 
  • $25,000,000 for grants to Transportation Management Associations 
  • $20,000,000 for grants to municipalities under the Complete Streets Funding Program 
  • $10,000,000 for a public realm improvement program 

To promote the adoption of electric vehicles (EVs), the bill also includes $175 million for the development and implementation of programs to promote, establish or expand public electric vehicle charging infrastructure, the development and implementation of incentive programs promoting e-bikes and public transportation, replacement of high-emissions vehicles, electric vehicles for hire and carsharing, electric school buses, electric short-haul freight and delivery trucks, and for other pilot projects that focus on equity and inclusion while reducing emissions. 

The bill makes significant reforms to address the severe safety concerns around the MBTA. The bill mandates the MBTA to establish and maintain a three-year safety improvement plan with measurable safety objectives for the agency, and it directs the MBTA to contract with an independent third-party auditor to conduct annual safety audits. To ensure transparency around the MBTA’s safety, the bill directs the MBTA to submit a monthly, publicly available report containing all the incidents, accidents, casualties, and hazards affecting any of its modes of transit. In addition, the MBTA is required to develop and implement short-term, medium-term, and long-term plans for how each line of the commuter rail system can be fully integrated into the Commonwealth’s transportation system and contribute to the productivity, equity, and decarbonization efforts of the MBTA as a whole. 

Other policy provisions related to the MBTA include requiring the authority to provide parking alternatives to commuters when it demolishes or reconstructs parking lots or garages it operates; to hold a mandatory, 30-day appeal process during which the authority must confer with the municipality’s planning officials to explore alternatives when there is a bus route service elimination; and to develop an updated service and operational plans for established and potential water transportation routes involving passenger ferry service. 

Additionally, the bill: 

  • Creates a special commission on mobility pricing to investigate, study and make recommendations on the development and deployment of comprehensive and regionally equitable public transportation pricing, roadway pricing and congestion pricing. 
  • Creates a commission to investigate and receive public testimony concerning public entities with the ability to design, permit, construct, operate and maintain passenger rail service that meets the standards of at least one of the final alternatives set forth in the East-West Passenger Rail Study Final Report. 
  • Regulates the use of e-bikes to encourage their adoption and authorizes municipalities and the state to adopt ordinances or regulations concerning the use of such e-bikes on bike paths and bikeways. 
  • Requires transportation network companies to submit data related to pre-arranged rides for the purposes of congestion management. 
  • Requires MassDOT, in consultation with the comptroller, to create a website to report on expenditures from this act and any project receiving federal funding from the federal Bipartisan Infrastructure Law. 
  • Requires MassDOT, in consultation with the Executive Office Energy and Environmental Affairs (EOEEA), to study the feasibility of wildlife crossing projects for the purpose of establishing and maintaining these projects. 
  • Authorizes the MassDOT to create positions and hire staff for the purpose of conducting research and policy analysis for the MBTA board of directors. 

This legislation now heads to the Governor for further consideration. 

### 

Senate Passes the SAVE Students Act 

(BOSTON–07/30/2022) The Massachusetts State Senate on Friday passed An Act relative to safety and violence education for students, also known as the SAVE Students Act, to strengthen school safety and protect students from being harmed. To address the issues of school violence and teen suicide, the bill expands violence prevention and suicide awareness programming in schools, creates an anonymous reporting system for tips related to student safety concerns, and tasks the Department of Elementary and Secondary Education (DESE) with developing a model threat assessment policy for responding to dangerous activity. 

“My heart breaks for the tragedies that we have seen again and again in schools across our nation—at Uvalde, at Sandy Hook, and at Columbine,” said Senate President Karen E. Spilka (D-Ashland). “Equally as tragic, but not always so visible, are the mental health concerns, including depression and anxiety, that young people are facing. The ability of schools to understand and support the mental health needs of their students is key to tackling these overlapping issues. I want to thank Senator Finegold for his insight into how Massachusetts can better address these issues and his leadership on this bill, and Chairs Rodrigues and Lewis for reviewing this bill and adding to it.” 

“With today’s passage of the SAVES Act, we are taking a critical and vital step to create safer schools, ensuring students will be empowered to act and help saves lives,” said Senator Michael J. Rodrigues (D- Westport) Chair of the Senate Committee on Ways and Means. “I want to thank Senate President for her strong support and Senator Finegold for his leadership on this critical issue. With many students struggling with mental health in the shadow of the pandemic, the Senate’s passage of this legislation puts us one step closer to providing school districts with the tools to build stronger and more resilient communities.” 

“Kids need to feel safe to learn and grow and thrive,” said Senator Jason M. Lewis (D-Winchester), Senate Chair on the Joint Committee on Education. “I’m glad the Senate and House are working together to keep children safe from gun violence at school. Thank you to the advocates who have been working tirelessly on this issue.”  

“We need to do everything we can to keep our kids safe,” said Senator Barry R. Finegold (D- Andover), lead sponsor of the bill. “Losing a child to suicide or a school shooting is a parent’s worst nightmare, and the SAVE Students Act takes much-needed steps to prevent these catastrophes. This bill will help change school culture and empower students to speak up about threats of violence towards others or self-harm. I want to thank the founders of Sandy Hook Promise for their incredible strength to share their stories and turn their grief into a call to action. I also would like to thank the Senate President, Chair Rodrigues, Chair Lewis, and my House co-sponsor Representative Higgins for their partnership on this bill.” 

This session, Senator Finegold developed the SAVE Students Act in partnership with Sandy Hook Promise, a nonprofit created to teach the warning signs of potential violence and led by those whose loved ones were killed in the mass shooting at Sandy Hook Elementary School. 

“Research proves that the most effective way to prevent school shootings, violence, and suicide is teaching youth and adults the warning signs and how to get help” said Mark Barden, co-founder and CEO of the Sandy Hook Promise Action Fund, and father of Daniel who was killed in the Sandy Hook Elementary tragedy. “We are grateful to Senator Finegold for doing all he can to make lifesaving violence prevention training available to Massachusetts students.” 

The SAVE Students Act is a response to two concurrent crises: a school shooting crisis and a youth mental health crisis. In the past 25 years, over 310,000 students have been exposed to gun violence during school, and more than 185 students, educators and other personnel have been shot and killed. In addition, between 2007 and 2018, suicide rates rose by more than 57 per cent for those aged 10 to 24. The SAVE Students Act complements the Legislature’s ongoing efforts on comprehensive gun safety and behavioral health reforms. 

The SAVE Students Act tasks the Executive Office of Health and Human Services (EOHHS) with establishing a 24/7 crisis center able to receive anonymous tips submitted through a mobile app, website, or toll-free telephone line. The anonymous reporting program would enable students to come forward safely with tips about dangerous or life-threatening activity. If the department receives a credible threat, it will work with the relevant schools and law enforcement agencies to address the threat. Many other states already operate similar reporting programs, which have helped prevent suicide, self-harm, and planned school attacks. 

The bill also couples its anonymous reporting program with accompanying educational curricula to address student violence, social isolation, and self-harm. EOHHS would disseminate program awareness materials and violence prevention trainings to schools, with trainings emphasizing the importance of taking threats seriously and teaching students how to identify warning signs. The legislation requires that the DESE publicize lists of available social inclusion and suicide awareness programming. Under the bill, schools would not be mandated to adopt this programming but would report annually about whether they do. These reports would help target outreach to communities that need additional support. 

Furthermore, the SAVE Students Act requires DESE to develop a model threat assessment policy for middle and high schools. According to the Department of Homeland Security, four out of five students who perpetrate school shootings give prior indications that they intend to do so. DESE’s model policy would guide schools to have specific protocols for identifying and intervening against potentially dangerous situations, in collaboration with other community stakeholders.  

Having passed the Senate, the SAVE Students Act will now go on to the House of Representatives for further consideration. 

### 

Senate Passes Bill to Limit the Use of Step Therapy 

(BOSTON – 07/30/2022) The Massachusetts State Senate on Tuesday passed legislation to limit the use of step therapy, or ‘fail first’ protocols that too often direct patients to cheaper medications rather than those more suitable to treat their condition. The bill, An Act relative to step therapy and patient safety, gives health care providers more leverage in determining the most effective treatment options for patients, saving patients expensive and painful regimens on medications they know to be ineffective or harmful. This bill builds on similar legislation passed by the Senate in 2020.  

“Health care decisions should be made by patients and their providers, not by insurance companies,” stated Senate President Karen E. Spilka (D-Ashland). “I’m proud that the Senate has taken the lead on limiting the use of step therapy as part of a wider strategy to shift the balance of health care back in the direction of the patient. I want to thank Senators Cyr, Friedman, and Rodrigues for continuing to refine and push for this legislation.”  

“Providing access to groundbreaking treatments that help improve the quality of life for those fighting cancer, debilitating diseases and a wide range of other medical conditions is a vitally important step we need to take, which is why the Senate acted again today to pass this critically important legislation,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “I applaud Senate President Spilka for her continued leadership, Senator Cyr, our colleagues in the Senate and the coalition of patient advocates for their dedication, desire and hard work to help us move legislation forward that provides necessary guardrails around the use of step therapy, ensuring the safety and wellbeing of patients in need.” 

“Patients with complicated illnesses should be receiving the medications that their doctors know they need—not repeatedly taking medications that they know to be ineffective just to help save on costs in the near-term,” said State Senator Julian Cyr (D-Truro),Senate Chair of the Joint Committee on Mental Health, Substance Abuse, and Recovery, who sponsored the legislation. “Waiting for treatment to fail first before utilizing a preferred medication often leads to worsening symptoms that cause complications and needless suffering for patients; it is a shortsighted practice that puts patients at unnecessary risk. Step therapy takes lower costs today in exchange for more harm, more hospitalizations, and more spending in the very near future. I am grateful to Senate President Karen Spilka for her leadership and vision and thank Senator Rodrigues and Senator Friedman for their partnership in advancing this critical legislation.” 

“Reforming the insurance-mandated practice of step therapy is long-overdue,” said Senator Cindy F. Friedman (D-Arlington), Senate Chair of the Joint Committee on Health Care Financing. Step therapy or ‘fail first” protocols too often direct patients to cheaper medications rather than those more suitable to treat their condition. With this legislation, we will join over half the states in the country reforming these practices, putting the focus back on health care providers working with patients to offer the best treatment possible.” 

Step therapy serves as a cost-saving mechanism that can limit a patient’s ability to access the medication that is most suitable for treating their condition. Insurers that utilize step therapy protocols require medical providers to prescribe lower-cost medications to patients first, and only grant approval for alternative medications when the cheaper options have failed to improve a patient’s condition. In practice, this results in insurers effectively choosing medications for the patient, even in cases where their providers have recommended an alternative. When patients change insurers, they are often forced to start at the beginning of the step therapy protocol again, which results in wasteful health care expenditures, lost time for patients, and potentially devastating health care impacts on the patient. 

Step therapy is not limited to specific diseases. It affects patients across the healthcare spectrum, with particularly dramatic impacts on the allergy and asthma, antipsychotic, arthritis, cancer, coronary artery, depression, diabetes, HIV/AIDS, multiple sclerosis, and Parkinson’s patient communities. 

To address this, the bill establishes guardrails to protect patients in circumstances in which following step therapy protocols are counterproductive or harmful. The bill prohibits insurance providers from establishing a step therapy protocol that requires an insured individual to utilize a medication that is not likely to be clinically effective for the prescribed purpose. When establishing clinical criteria for step therapy protocols, the bill would ensure that insurance providers determine effectiveness through clinical review and take into account the needs of typical patient populations with similar diagnoses. 

The bill provides patients who are subjected to step therapy sequences with an accessible exemption request process whenever coverage is restricted. The legislation enumerates specific timelines for insurers to review requests and grant exceptions, and in cases where interruptions in the patient’s medication schedule puts them at considerable risk, the turnaround time is faster. Under the bill, providers would accept or deny a request within 72 hours or within 24 hours if additional delay would significantly risk the insured individual’s health or well-being. If an exception to step therapy is denied, the bill includes a process for the decision to be appealed.  Upon granting exemptions, MassHealth and private insurers would be required to provide coverage for the drug recommended by the patient’s provider.   

To assist in future reforms, the bill would create a commission on step therapy protocols within MassHealth to study and assess the implementation of this bill and any future step therapy reforms. 

  If passed, Massachusetts would join 28 other states in curbing unfair step therapy practices. The bill, An Act relative to step therapy and patient safety, now moves to the House of Representatives for consideration.  

### 

MASSACHUSETTS LEGISLATURE PASSES LEGISLATION TO FOSTER GREATER EQUITY IN CANNABIS INDUSTRY 

(BOSTON – 08/01/2022) The Massachusetts Legislature passed legislation, An Act relative to equity in the cannabis industry, that encourages and facilitates participation in the cannabis industry from communities disproportionally harmed by marijuana criminalization by creating a Social Equity Trust Fund. The bill also strengthens the host community agreement process and clarifies procedures for permitting social consumption sites. 

“The passage of this legislation will help to ensure that those who have been historically impacted by marijuana prohibition can find new opportunity in the emerging industry,” said House Speaker Ronald J. Mariano (D-Quincy). “This legislation will help to support folks who have faced generations of inequality secure the needed capital to launch a cannabis business. I want to thank Chair Donahue and the conferees, my colleagues in the House, as well as Senate President Spilka and our partners in the Senate for the hard work required to get this done.” 

“I am thrilled we were able to reach a deal on this bill, which will take meaningful steps toward ensuring communities who have historically been harmed by marijuana criminalization can access resources to enter this industry,” said Senate President Karen E. Spilka (D-Ashland). “I’d like to thank Chair Rodrigues as well as Senators Comerford and Fattman and all of the Senators who have worked so hard on this issue, Speaker Mariano and our partners in the House, and all of the conferees for advancing this important issue forward.” 

“This legislation’s inclusion of a social equity trust fund will allow social equity entrepreneurs equal access to the cannabis industry. Further, this legislation will update the Commonwealth’s expungement processes to allow for individuals with past cannabis related charges a path forward in expunging their criminal records,” said Representative Daniel M. Donahue (D-Worcester), House Chair of the Joint Committee on Cannabis Policy. “This bill has been considered by the legislature for the past four years; we are proud to have come to an agreement to move the cannabis industry forward in Massachusetts and to have removed barriers for those most disadvantaged by the war on drugs in Massachusetts.” 

“The conference report we passed today builds upon the goals that we have always had for the cannabis industry here in the Commonwealth—protecting consumers, supporting small business, and promoting social equity,” said Senator Michael J. Rodrigues(D-Westport), Chair of the Senate Committee on Ways and Means. “I want to thank Senate President Spilka for her leadership, along with Senator Chang-Diaz, Senator Cyr, Senator Jehlen and others for advocating to make sure Massachusetts remains a cannabis industry leader. Ultimately, this conference report passed by the Senate promotes the continued growth of a competitive and equitable industry here in our state.” 

Establishes the Cannabis Social Equity Trust Fund 

This legislation creates a trust fund to make grants and loans to social equity program participants and economic empowerment priority applicants, which will give entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement better access to grants and loans to get their businesses off the ground. 

Fifteen per cent of the revenue collected from the sale of marijuana and marijuana products must be transferred to the Cannabis Social Equity Trust Fund, which will be administered by the Executive Office of Housing and Economic Development (EOHED), in consultation with a newly created Cannabis Social Equity Advisory Board. 

Clarifies the host community agreements process 

The legislation clarifies the Cannabis Control Commission’s (CCC) role in reviewing and approving host community agreements (HCA), which are executed between marijuana businesses and their host municipalities. It authorizes the Commission to prioritize social equity program businesses and economic empowerment priority applicants for expedited review. 

The legislation also clarifies the scope of HCAs and adds new criteria, such as: 

  • No host community agreement can include a community impact fee that is beyond the business’s eighth year of operation. 
  • The community impact fee must be reasonably related to the actual costs required to operate a cannabis business in a community. 
  • The CCC must review and approve each host community agreement as part of the license application and renewal process. 
  • All host communities must establish procedures and policies to encourage full participation in the regulated marijuana industry by people from communities that have been disproportionately harmed by marijuana prohibition and enforcement. 

Clarifies the local social consumption approval process 

The social consumption policy, which would allow the sale of marijuana and marijuana products for consumption on the premises where sold, is authorized by existing law. However, this legislation amends it to ensure proper procedures are taken regarding local initiative petitions. Under this legislation, as an alternative to local initiative petitions, a city or town may also allow for social consumption sites through the passage of a by-law or ordinance. 

Expedites the expungement process 

For individuals seeking to expunge a record for previous offenses that are now decriminalized, this legislation requires the court to order the expungement of the record within 30 days of the request and expunge records for possession of marijuana or distribution of marijuana based on the now legal amount. 

Having been passed by the Senate and the House, An Act relative to equity in the cannabis industry now goes to the Governor for his signature. 

###

Legislature Passes Landmark Mental Health Reform  

(BOSTON – 08/01/2022) The Massachusetts Senate and House passed the Mental Health ABC Act: Addressing Barriers to Care (ABC), comprehensive legislation to continue the process of reforming the way mental health care is delivered in Massachusetts, with the goal of ensuring that people get the mental health care they need when they need it.  

The Mental Health ABC Act is driven by the recognition that mental health is as important as physical health for every resident of the Commonwealth and should be treated as such. The final conference report proposes a wide variety of reforms to ensure equitable access to mental health care and remove barriers to care by supporting the behavioral health workforce.   

“One moment, many years ago, I made the split-second decision to share the story of my family’s struggle with mental illness—a moment of vulnerability and honesty that has become a movement, as more and more people stand up and speak up for accessible, high quality mental health care,” stated Senate President Karen E. Spilka (D-Ashland). “We all deserve to have access to the mental health care we need, when we need it, and today we are on the brink to seeing comprehensive mental and behavioral health care reform signed into law. Thank you Senator Julian Cyr and Senator Cindy Friedman for their tireless work on this bill, to Senator Tarr for his work on the conference committee, and to our partners in the House for seeing this through. I’d also like to thank the countless individuals, families, advocates, providers and others who stood up for the common-sense idea that mental health is just as important as physical health, and to everyone who has fought for mental health care reform in Massachusetts and never gave up.” 

“Mental Health Care IS Health Care, and I am so thrilled that we are getting this important bill to Governor Baker’s desk before this session ends,” said Senator John C. Velis (D-Westfield), Vice-Chair of the Mental Health Committee. “We have a mental health crisis in this nation right now. It predates COVID-19, but has certainly been exacerbated by the stress and isolation of this pandemic. This legislation will institute so many important supports to help those struggling in our communities and I am grateful to my colleagues for working so diligently to get to a compromise bill that we can all be proud of.”

“This bill takes major and necessary steps to advance and strengthen the delivery of mental health care in our Commonwealth, by securing parity with physical health care, moving pediatric mental health patients expeditiously from emergency departments to more appropriate treatment settings. I am pleased that amendments that I offered to address mental health needs of police, firefighters, EMTs, and other first-responders are included as well as the requirement that online portals with updated information and resource will be available in real-time,” said Senate Minority Leader Bruce Tarr (R- Gloucester), a member of the conference committee. “These and other components of the bill make the identification and treatment of mental health in our Commonwealth stronger, better, and more effective so that people in need of care can better access essential resources in the right place and provided by the right people.” 

The following is an overview of The Mental Health ABC Act: 

Guaranteeing Annual Mental Health Wellness Exams. A cornerstone of this reform is the idea that a person’s mental health is just as important as a person’s physical health. This bill would codify this principle by mandating coverage for an annual mental health wellness exam, comparable to an annual physical.  

Enforcing Mental Health Parity Laws. This bill provides the state with better tools to implement and enforce parity laws by creating a clear structure for the Division of Insurance to receive and investigate parity complaints and ensure their timely resolution. Other tools include parity enforcement for commercial, state-contracted and student health insurance plans, increased reporting and oversight of insurance carriers’ mental health care coverage processes and policies, and reasonable penalties and alternative remedies for when an insurance company does not comply with the law.  

Initiatives to Address Emergency Department Boarding. For many people with acute mental health needs, the only place to get help is an emergency department (ED). Unfortunately, these patients may wait days, weeks, and even months for more appropriate admission to an inpatient psychiatric unit or less acute level of care. This is referred to as ‘boarding,’ which continues to rise dramatically. This legislation tackles this by creating online portals that provide access to real-time data on youth and adults seeking mental health and substance use services and includes a search function that allows health care providers to easily search and find open beds using several criteria; requiring the Health Policy Commission (HPC) to prepare and publish a report every three years on the status of pediatric behavioral health as the youth boarding crisis is particularly acute; requiring the Center for Health Information and Analysis (CHIA) to report on behavioral health needs; updating the expedited psychiatric inpatient admissions (EPIA) protocol and creating an expedited evaluation and stabilization process for patients under 18; codifying in statute the working group tasked with implementing the EPIA in law.  

988 Implementation and 911 Expansion. This legislation increases access to immediate behavioral health care through the implementation of the nationwide 988 hotline to access 24/7 suicide prevention and behavioral health crisis services. This legislation also expands 911 to bridge the gap until 988 is implemented by increasing training, funding, and capacity for regional emergency responses to behavioral health crises. 

Red Flag Laws and Extreme Risk Protection Orders. This bill initiates a public awareness campaign on the Commonwealth’s red flag laws and extreme risk protection orders (ERPOs) that limit access to guns for people at risk of hurting themselves or others.  

Reimbursing Mental Health Providers Equitably. Mental health and primary care providers are reimbursed at different rates for the same service. The bill seeks to level the playing field for reimbursement to mental health providers by requiring an equitable rate floor for evaluation and management services that is consistent with primary care.  

Reforming Medical Necessity and Prior Authorization Requirements. This bill mandates coverage and eliminates prior authorization for mental health acute treatment and stabilization services for adults and children. It also establishes a special commission to bring all stakeholders to the table to study and make recommendations on the creation of a common set of medical necessity criteria to be used by health care providers and insurance carriers for mental health services.  

Creating a Standard Release Form. Behavioral health providers struggle in the era of electronic health records and care coordination to create systems that simultaneously protect an individual’s right to consent to share sensitive health information and allow practitioners to access the information they need to treat the individual and coordinate care. This bill directs the development of a standard release form for exchanging confidential mental health and substance use disorder information to facilitate access to treatment by patients with multiple health care providers.  

Increasing Access to Emergency Service Programs. Emergency Service Programs (ESPs), which are community-based and recovery-oriented programs that provide behavioral health crisis assessment, intervention, and stabilization services for people with psychiatric illness, are currently covered by MassHealth. The bill would require commercial insurance companies to cover ESPs as well.  

Expanding Access to the Evidence-Based Collaborative Care Model. The collaborative care model delivers mental health care in primary care through a team of health care professionals, including the primary care provider, a behavioral health care manager, and a consulting psychiatrist. This evidence-based access to mental health care has proven effective, less costly, and less stigmatizing. The bill would expand access to psychiatric care by requiring the state-contracted and commercial health plans to cover mental health and substance use disorder benefits offered through the psychiatric collaborative care model.  

Reviewing the Role of Behavioral Health Managers. Some insurance companies have subcontracted mental health benefits to specialty utilization management companies for years with mixed results. The bill directs the Health Policy Commission, in consultation with the Division of Insurance, to study and provide updated data on the use of contracted mental health benefit managers by insurance carriers, often referred to as ‘carve-outs.’ 

  

Tracking and Analyzing Behavioral Health Expenditures. This bill includes a critical first steps toward incentivizing greater investments in mental health care within the analysis of statewide health care cost growth. Specifically, the bill directs the Center for Health Information and Analysis (CHIA) to define and collect data on the delivery of mental health services to establish a baseline of current spending. 

Establishing an Office of Behavioral Health Promotion. Current behavioral health promotion activities are spread across state agencies. This dilutes the responsibility for mental health promotion and focus on the issues and undermines the important work being done. The bill establishes an Office of Behavioral Health Promotion within the Executive Office of Health and Human Services (EOHHS) to coordinate all state initiatives that promote mental, emotional, and behavioral health and wellness for residents. The new office is tasked with tailoring mental health messaging and intervention to veterans and first responders. It also creates a student advisory council to guide the office on meeting the mental health needs of the Commonwealth’s students. 

Increasing Access to Care in Geographically Isolated Areas. This bill directs the Department of Mental Health (DMH) to consider factors that may present barriers to care—such as travel distance and access to transportation—when contracting for services in geographically isolated and rural communities.  

Enhancing School-based Behavioral Health Services and Programming. This bill improves the wellness of young people by enhancing school-based behavioral health supports and increasing access points for effective behavioral health treatment by limiting the use of suspension and expulsion in all licensed early education and care programs and creating a statewide program to help schools implement school-based behavioral health services. 

Increasing Access Points for Youth for Effective Behavioral Health Treatment. To support treatment accessibility for young people, this bill requires behavioral health assessments and referrals for children entering the foster care system. 

Expanding Insurance Coverage for Vulnerable Populations. Critically, this legislation implements a technical fix to ensure individuals over 26 years old who live with disabilities can remain on their parents’ health insurance. 

Creating a Roadmap on Access to Culturally Competent Care. Under this provision, an interagency health equity team under the Office of Health Equity, working with an advisory council, will make annual recommendations for the next three years to improve access to, and the quality of, culturally competent mental health services.Paired with the Legislature’s ARPA investment of $122 million in the behavioral health workforce through loan repayment assistance programs, this roadmap will make great strides toward building a robust workforce reflective of communities’ needs.  

Allows for an Interim Licensure for Licensed Mental Health Counselors. The bill creates an interim licensure level for Licensed Mental Health Counselors (LMHCs) so that they can be reimbursed by insurance for their services and be eligible for state and federal grant and loan forgiveness programs, further increasing the number of licensed providers able to serve patients.  

Expanding Mental Health Billing. This bill allows clinicians practicing under the supervision of a licensed professional and working towards independent licensure to practice in a clinic setting. This will help to ensure quality training and supervision and encourage clinicians to stay practicing in community-based settings.  

Updating the Board of Registration of Social Workers. The bill updates the membership of the Board of Registration of Social Workers to clarify that designees from the Department of Children and Families (DCF) and Department of Public Health (DPH) be licensed social workers.  

Having passed both Senate and the House of Representatives, this legislation will be laid before the Governor for his consideration.  

###

Legislature Sends Military SPEED Act to Governor Baker’s Desk

BOSTON – Friday, July 29, 2022 – The Massachusetts Legislature today passed comprehensive legislation, An Act relative to military spouse-licensure portability, education and enrollment of dependents, addressing the Commonwealth’s most immediate needs in the veteran community and making necessary updates to service member quality-of-life issues and acknowledgements of our military branches and individual service, including supporting military families who relocate to the Commonwealth with expedited licensure and school enrollment, creating education awareness programs and establishing the Massachusetts Medal of Fidelity. 

“This is a historic bill. This is most likely the most encompassing military and veterans bill passed in the Commonwealth in the last century.  This bill recognizes both the sacrifice of our military service members, as well as veterans and their families, and it establishes programs that will recruit and retain service members, attract future military missions, and continue to provide for our growing veteran population.” said Adjutant General Gary Keefe of the Massachusetts National Guard. 

“The SPEED Act is a momentous piece of legislation that that will improve the lives of every single service-member, Veteran, and military family member who resides in our state, now and in the future. The legislation supports our military families in their transition to Massachusetts, introduces new benefits and services for Veterans and National Guard members, and expands the ways our Commonwealth recognizes the sacrifices of those who have served. This is an omnibus bill that is truly built off of the work of so many members of the Legislature. I am grateful to Senate President Spilka for her leadership and to all my colleagues for their commitment to getting this bill to the Governor’s desk.” said Senator John Velis (D-Westfield).

“I want to thank Speaker Mariano and my fellow conferees for their tireless work in coming to a resolution so quickly for the deserving veterans of the Commonwealth,” said Representative Paul McMurtry (D-Dedham), House Chair of the Joint Committee on Veterans and Federal Affairs. “The Legislature has made veterans issues a priority from the start of the session and I along with my co-chair, Sen. Velis, have worked together to make sure this bill made it to the Governor’s desk. It’s a great honor to chair the Veterans Committee and bring a great deal of pride to the House as we continue the Commonwealth’s long history of recognizing veterans and their families.”

Highlights of the legislation include:

Military spouse licensure portability: requires the Division of Occupational Licensure, the Department of Public Health, and Massachusetts Boards of Registration to accept a military spouse’s application for licensure or notify them of what criteria they were not able to meet within 30 days of the application.

Expedited military spouse teacher licenses: establishes a military spouse certificate to be issued by the Department of Elementary and Secondary Education Commissioner to military spouse teachers that meet certain requirements.

School enrollment for military children: allows military families to register and enroll in a school district when a service member first receives their relocation order, waiving the proof of residency requirement at the time of registration. This provision also allows military children who are transferring mid-semester to enroll in and attend one of the Commonwealth’s virtual schools.

Purple Star campus designation: establishes the Purple Star Campus Program, to be administered by the Department of Elementary and Secondary Education, to designate schools that demonstrate a commitment to students and families of service members.

In-state tuition continuity for military-connected college students: ensures that a member of the military stationed in the Commonwealth, their spouse, or their children are deemed an in-state resident after their acceptance at one of the state’s higher education institutions.

Civilian licensure and certification information: directs the Commissioner of Veterans’ Services to make information on civilian licensure and certification opportunities available to service members and veterans, and provide information on military education and skills to relevant agencies. 

Open Burn Pit Registry:

  • Directs the Commissioner of the Department of Public Health (DPH), in consultation with the Commissioner of the Department of Veterans’ Services and the Adjutant General of the National Guard, to develop educational materials and an informational pamphlet on the health impacts of open burn pits and other airborne hazards during overseas deployment and information on the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry to be distributed to health care providers, veterans’ service offices and organizations, and service members and veterans.
  • Directs the Commissioner of the Department of Veterans’ Services, in consultation with the Commissioner of DPH and the Adjutant General, to contact all members of the Armed Forces, National Guard and veterans to register for the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry.
  • Requires the Adjutant General to request that the periodic health assessment for National Guard members determine whether the member is eligible to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry and if eligible, the member register for the Registry.

Massachusetts National Guard family education program: establishes a Massachusetts National Guard Family Education Program to allow National Guard members to transfer their unused education benefits under the National Guard Education Assistance Program to their dependents.

Slot machines at veterans’ organizations commission: establishes a commission to study and report on limited slot machine licenses for veteran organizations.

Veteran Mentor Program: enables the UMass system, including UMass Amherst and UMass Lowell, Bridgewater State University, and Salem State University to establish veteran mentoring pilot programs to assist veterans attending their institutions adjust to civilian life.

Property tax exemption clarification: prohibits a city or town from requesting further evidence from a disabled veteran in subsequent tax years after the veteran has been granted a property tax exemption by the assessor of that town, unless the veteran’s disability rating determined by the VA is reduced.

Founding anniversaries of U.S. Armed Forces: requires the Governor to set aside the founding date anniversaries of the U.S. Army, Air Force, Coast Guard, and Massachusetts National Guard.

Medal of Fidelity: establishes the Massachusetts Medal of Fidelity to be presented to the next of kin of a service member or veteran who died as a result of service-connected post-traumatic stress disorder service-connected condition resulting from a traumatic brain injury, or a service-connected disease, condition or injury related to exposure to harmful toxin, herbicides, agents or materials.

Deborah Sampson Memorial Commission: Establishes a commission to determine a location and create a memorial for Deborah Sampson, a Massachusetts resident who disguised herself as a man in the Continental Army during the American Revolutionary War.

Funeral and burial benefits: requires funeral directors and their staffs to provide information on burial and funeral benefits for veterans.

Tax credit for employment of National Guard members: establishes a tax credit for businesses that employ members of the National Guard.

Having been passed by the House and Senate, An Act relative to military spouse-licensure portability, education and enrollment of dependents, now goes to Governor Baker for his signature.

###

Legislature Passes Veterans’ Home Conference Bill, Working Group Chaired by Senator Velis Created to Oversee Implementation  

(Boston 7/28/2022) Today the House and Senate both unanimously adopted and enacted the final legislation reported from the Veterans’ Homes Conference Committee. Along with the passage, a Senate Working Group chaired by Senator John Velis was also created to oversee implementation of the bill and act on areas that may require additional legislation.  

Among other pieces, the final legislation: 

  • Elevates the Department of Veterans Services to a cabinet-level executive office with direct reporting to the Governor and the ability to hire and fire superintendents 
  • Requires Superintendent to have nursing home administrator license, and clarifies that Superintendent oversees day-to-day management and operation of Home 
  • Requires two annual home inspections by Department of Health  
  • Creates independent Office of the Veteran Advocate 
  • Maintains local Board of Trustees and creates statewide advisory “Veterans’ Home Council” 

“We are mindful that issues and circumstances may arise that compel additional thought, reassessment, and legislative action and that work will continue,” said Senate President Karen E. Spilka. “To that end, I am creating a Senate working group, chaired by Senator John Velis to review implementation of this important bill, identify and act on issues that may arise requiring additional legislation, and work with the Administration to ensure the reforms contained within are implemented as the Legislature intended.” 

“From streamlining the chain of command and clarifying the responsibilities of the Superintendent, to elevating the Veterans Secretary to cabinet level and expanding the Department of Public Health’s role, this legislation contains important improvements for our Commonwealth’s Veterans’ Homes,” said Senator Velis. “At the same time, we know that this work must continue. The working group established will allows us to have oversight over this implementation, to identify what we need to improve on further, and to continue to work to ensure that the tragedy that took place at the Holyoke Soldiers’ Home never happens again.” 

With the legislation now enacted, it now goes to Governor Baker for his consideration.

### 

Senator Velis Secures $1,000,000 in Senate Budget for Westfield High School Improvements  

(7/13/2022) During the Massachusetts State Senates Fiscal Year 2023 budget debate last month, an amendment filed by Senator John Velis (D-Westfield) to provide $1,000,000 to Westfield High School for improvements and upgrades was unanimously adopted.  

“Throughout the last several years, I have continuously heard from students, faculty, and families about the deterioration of the facilities and infrastructure at Westfield High School. Every student should have the opportunity to learn and grow in an environment conducive to their education and personal development. With the amendment that I filed in the FY23 Budget Westfield High School will be able to make much-needed improvements to the high school building and grounds,” said Senator John Velis 

The amendment, filed during the FY23 budget debate, secures $1,000,000 for improvements to Westfield High School’s facilities and infrastructure. In addition, another amendment providing $5,000 for Westfield High’s Community Closet was also adopted.  

“We are very appreciative of Senator Velis’s efforts on behalf of Westfield High School.  This funding really could not have come at a better time.  With it, we will be able to address some top priorities including updating our science classrooms.  We would like to thank Senator Velis for his continued support of the Westfield Public Schools,” said Westfield Public Schools Superintendent Stefan Czaporowski. 

With these amendments now adopted into the Senate’s budget, it will now be considered in a conference committee with the House of Representatives.   

Senator Velis Secures $1.5 Million to Help Replace Main Street Sewer Pipes 

(Boston 7/25/2022) During the Senate’s debate on its Economic Development Bill yesterday, several amendments from Senator John Velis providing funding for the City of Agawam were successfully adopted, including $1,500,000 for repairs and replacement of the Main Street Sewer Pipe system in Agawam. 

“The sewer break on Main Street and the subsequent sewage spill into the Westfield River is an immediate problem that must be addressed. As soon as the Economic Development Bill was filed, I knew I needed to move quickly and fight for this funding to help replace these pipes,” said Senator Velis.  

“Relationships matter and the town of Agawam is so pleased to have a partner in Senator Velis. Like other cities and towns, Agawam struggles to cover the costs of needed capital improvements.  This project will upgrade a crucial service along a major artery in Town.  These state funds will spare the Agawam taxpayers from having to cover the costs of the project alone. Once again, Senator Velis delivered on behalf of the Town and Agawam taxpayers,” said Agawam Mayor Bill Sapelli. 

The amendment filed by Senator Velis would allocate $1,500,000 to Agawam for the project. The funding comes from remaining American Rescue Plan Act (ARPA) funds that the state has, as well as surplus state revenue.  

 “When a problem like this arises, it’s my job as Senator to go down to Boston and do whatever I can to help fix it,” said Senator Velis. “I am grateful to the Mayor for his partnership and am proud that my team was able to get this important funding for Agawam included in the Senate’s bill.” 

With the House of Representatives having previously passed its own Economic Development bill, the two versions will be reconciled in conference committee, before a final bill can go to the Governor’s desk for his consideration.  

### 

July 23rd, 2022 – Weekly Update

Hello Everyone,

I hope you’re all keeping cool during this heat wave. Make sure to stay hydrated!

The House and Senate convened on Monday to finalize the fiscal year 2023 budget. It’s been a long time coming but the budget proposal will finally make its way to the governor’s desk for his approval. This budget is a great reflection of the values of our commonwealth — thank you to everyone involved for your hard work.

Passed along with the budget was my “don’t ask, don’t tell” amendment. This legislation will allow service members discharged under the “don’t ask, don’t tell” policy to access the full range of state military benefits which were previously made unavailable to them. The idea that anyone who has proudly served our country would not be entitled to these well-earned benefits simply for who they are or who they love was so wrong from the start. I am so grateful to my fellow legislators for their support on this important change.

The budget has not been the only legislation on the docket this week. Formal session may be coming to close soon, but we have been busy in the Legislature. We in the Senate have been in session all week debating our version of the economic development bill. Stay tuned for updates as this bill should be finalized soon and could have a tremendous impact on our local economy.

On Saturday, the National Mental Health Hotline went live, allowing people across the country to dial 988 for 24/7 emotional support. You can now call or text 988 or visit 988.lifeline.org/chat to speak with a counselor at any time.

I also want to wish a very happy birthday to Harold Jelly from Westfield. Harold celebrated his 100th birthday this Thursday. We are wishing you happiness, health and peace, Harold!

Last Monday my team held office hours at the Holyoke Council on Aging, and they will be holding them again next week on Monday from 12:30 p.m. to 1:30 p.m. at the Westfield Council on Aging. Please feel free to stop by with any questions or concerns — we are always happy to help!

As always, if there is anything I can do to assist you, please never hesitate to reach out to my office. I can be reached at my email, john.velis@masenate.gov, or by phone, 413-572-3920, and you can find me online at senatorjohnvelis.com, where you can also sign up for my newsletter.

Sincerely,
John Velis

Translate »