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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Massachusetts Legislature Passes Largest Housing Investment in State History

(BOSTON 8/7/2024) – The Massachusetts Legislature last week passed the Affordable Homes Act, the largest housing investment in Massachusetts history and a powerful first step in tackling the state’s housing affordability crisis.

The legislation authorizes $5.16 billion in bond authorizations and tax credits to spur housing production in Massachusetts, while implementing sweeping policy initiatives to facilitate the development of affordable housing and preserve public housing in Massachusetts.

“Everyone should be able to find a home that is safe, secure, and – most importantly – affordable. Unfortunately, housing has become unattainable for so many in the communities they’ve long called home,” said Senator Michael Moore (D-Millbury). “The passage of the Affordable Homes Act represents a step toward addressing the crushing housing crisis we face here in the Commonwealth. While we still have a lot more to do to produce more homes and get the prices of those homes under control, this bill signals that the Legislature is willing to take on the challenge. I look forward to continuing our work on Beacon Hill to find more solutions that will protect and expand opportunities to rent and own a home in communities across the Commonwealth.”

An amendment protecting the right of homebuyers put forward by Senator Michael Moore and adopted by the Senate was approved by the full Legislature. The provision directs the Executive Office of Housing and Livable Communities to implement a regulation that secures a buyer’s right to have an inspection done on a property before finalizing the purchase of a home. While this provision does not require a buyer to have a home inspection done, it bans the conditioning of a sale on waiving or limiting the buyer’s right to inspect the home.

“This is a great day for Massachusetts consumers, home buyers, buyers agents, and today’s home sellers who will be tomorrow’s home buyers. Allowing home buyers the right to have an independent inspection done of the home they’re about to purchase – something that was the industry standard for the past half-century – is now the law,” said Michael Atwell, former president of the American Society of Home Inspectors. “A huge thank you to the Massachusetts Legislature who appreciated the need for and urgency of this legislation.”

“I’d like to thank Governor Healey for her support of this amendment protecting homebuyers in the Commonwealth despite the efforts of interest groups like the Massachusetts Association of Realtors and the Greater Boston Real Estate Board, who opposed the change. Buying a home is one of the biggest purchases many families will ever make. Shouldn’t you have the right to know exactly what you’re purchasing before you sign a binding contract?” said Senator Moore. “Buyers must not feel obligated to waive inspections, risking their most important investment, in order to find their forever home. In a Commonwealth where we have long taken a strong approach to consumer protections, this is an obvious step to protect families from financial ruin due to costly undisclosed repairs. I am hopeful that these protections will be embraced by Realtors across the Commonwealth as a win for their clients and the overall health of the Massachusetts housing market.”

Other amendments secured by Senator Moore provide earmarks for sewer, septic, water, storm water management, roads, sidewalks, traffic controls, and public safety infrastructure upgrades that support housing development, preservation, or rehabilitation. $7 million was allocated for towns and cities in the Second Worcester District, including:

• Auburn – $1 million

• Grafton – $1 million

• Millbury – $1 million

• Shrewsbury – $1 million

• Westborough – $1 million

• Worcester – $2 million

To help municipalities convert commercial properties into multi-unit residential or mixed-use properties, the bill makes project sponsors eligible for a tax credit of up to 10 percent of the development costs upon completion of a project.

The bill includes a new tax credit to incentivize production of homeownership units targeting households with incomes of up to 120 per cent of the area median income (AMI). It also makes permanent the Community Investment Tax Credit (CITC) while expanding the statewide cap on donations from $12 million to $15 million. Further, it extends the sunset of the Historic Rehabilitation Tax Credit through December 31, 2030, while increasing the total available amount from $55 million to $110 million.

Among the many policy initiatives included in the bill to create more housing is a provision to permit one accessory dwelling unit (ADU) equal to or less than 900 square feet to be built by-right on a property in single-family zoning districts in all Massachusetts communities. The bill further provides consumer protections to help prevent homeowners from being pressured into waiving a home inspection, protects tenants who have a years-old eviction record from having that record held against them when securing new housing, gives seasonal communities new tools to tackle their unique housing challenges, and protects renters from having their unit redeveloped into a condominium.

Bond authorizations include:

Public housing

• $2 billion to support the repair, rehabilitation, and modernization of over 43,000 public housing units across Massachusetts, with 25 per cent of the funds dedicated to preserve housing for those with incomes below 30 percent AMI.

• $150 million to decarbonize the public housing stock and $15 million for accessibility upgrades.

• $200 million to support Local Housing Authorities (LHAs) who partner with developers to add mixed-income developments on LHA land, leveraging funds to maintain and preserve public housing while increasing the overall housing supply.

Housing vulnerable populations

• $200 million to support innovative and alternative forms of rental housing, including single person occupancy (SPO) units, transitional and permanent housing for people experiencing homelessness, housing for seniors and veterans, and transitional units for persons recovering from substance use disorder. 25 per cent of funds must be used to fund projects which preserve housing for those with incomes below 30 per cent AMI.

• $70 million to support the development of appropriate community-based housing for Department of Mental Health (DMH) and Department of Developmental Services (DDS) clients

• $60 million to modify homes of individuals or families with disabilities or seniors so that they may maintain residency or return home from institutional settings.

• $55 million to support appropriate housing for people with disabilities who are not DMH or DDS clients.

Housing development

• $800 million for the Affordable Housing Trust Fund which provides resources to create or preserve affordable housing for households earning less than 100 per cent of AMI.

• $200 million to accelerate the development of mixed-income multifamily housing.

• $100 million for the Middle Income Housing Fund which funds housing development for households earning less than 120 per cent of AMI.

• $100 million for the Commonwealth Builder program for the construction of affordable single-family homes for households earning between 70 and 120 per cent of AMI, primarily in Gateway Cities.

HousingWorks

• $425 million to support preservation, new construction, and rehabilitation projects through the Housing Stabilization Fund and the Community Investment and Preservation Fund.

• $275 million to consolidate the existing Transit Oriented Housing Program and the Climate Resilient Housing Program and create a new, innovative program to accelerate and unlock new housing. 25 per cent of the funds must be used to fund projects which preserve housing for those with incomes below 60 per cent of AMI.

• $175 million for municipal infrastructure projects to encourage denser housing development.

• $50 million to provide payments to municipalities that receive a Housing Choice designation through high housing production and/or demonstration of best practices, including a grant program to assist MBTA Communities in complying with the multi-family zoning requirement in the MBTA Communities Law.

• $50 million for grants to municipalities for planning and zoning initiatives that support housing production, workforce training and economic opportunities, childcare and early education initiatives and climate resiliency initiatives.

• $20 million to provide incentive payments to municipalities who adopt smart growth housing districts.

Having passed both chambers, the bill now goes to the Governor for her consideration.

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Legislature Acts to Protect Massachusetts Firefighters from Toxic PFAS Chemicals

(BOSTON 8/5/2024) – Today, the Massachusetts Legislature gave final passage to a critical bill that will protect firefighters in the Commonwealth from toxic PFAS chemicals. S.2902 – based on S.1556 and S.1502 – implements new regulations on manufacturers of firefighting personal protective equipment, requiring a written notice to the purchaser that the equipment contains PFAS, the reason PFAS were used, and what specific PFAS chemicals are contained within the equipment. Further, the bill prohibits the manufacturing, distribution, or sale of firefighting turnout equipment that contains PFAS chemicals beginning on January 1st, 2027.

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items fireproof, waterproof, or non-stick. These chemicals have become ubiquitous in products ranging from cookware to furniture to children’s toys – and critically, as a lining in firefighting turnout gear – despite posing dangerous health risks. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases. Compounding these dangers is the persistent nature of PFAS chemicals, known as “forever chemicals” for their resistance to breaking down in the environment.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably guess smoke inhalation or on-call injury. The shocking truth is that, from 2002 to 2019, cancer accounted for 66% of firefighter deaths, according to the International Association of Firefighters,” said Senator Michael Moore (D-Millbury). “PFAS exposure from firefighting equipment is a crisis for firefighters and the communities they serve. I am so proud that the Legislature is finally taking action to protect our heroic firefighters from the chemicals in their turnout gear that are slowly poisoning them, and I could not be more thrilled to have done it alongside my partners in the Legislature as well as the tireless advocates from across the Commonwealth who have persisted in this effort despite many setbacks. I look forward to Governor Maura Healey signing these protections into law.”

This legislation, originally filed by former Massachusetts Senator Diana DiZoglio and co-sponsored by Senator Michael Moore, has since been championed in the Senate by Senator Moore with support from Senators Julian Cyr, Bruce Tarr, Walter Timilty, Michael Rodrigues and others. In the House, the bill was championed by Representatives Jim Hawkins and Carol Doherty.

“Our firefighters are among the most hardworking, selfless people in Massachusetts, operating under the most dangerous of conditions while risking their own lives to save others. For their dedication to our communities, we must do all we can to provide them with the supports they need to do this invaluable work,” said State Auditor Diana DiZoglio. “That is why I am so grateful for the passage of this legislation, which will go a long way toward protecting those who protect us.”

“Every day firefighters face danger to protect us, and they depend on turnout gear to protect them,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “Yet far too often that gear has itself posed a threat to firefighter health because of the presence and carcinogenic impact of PFAS contained in the gear. Today the Senate took the decisive action that this situation demands, to confront the ongoing threat of these dangerous chemicals.”

“Firefighters in Massachusetts put their lives on the line every day on behalf of our communities, and yet it is the exposure to the forever chemicals known as PFAS in their turnout gear that pose one of the greatest risks to their health,” said Senator Julian Cyr (D-Truro). “This legislation marks a critical first step forward in the Senate’s efforts to mitigate the contamination of and eliminate exposure to these harmful forever chemicals.”

While PFAS chemicals have long been used in firefighter turnout gear, the long-term health effects on the men and women who wear the equipment every day have only recently come into the spotlight. The campaign to draw attention to the downsides of PFAS largely began in 2014 when Worcester native Diane Cotter, in the wake of her husband’s prostate cancer diagnosis, discovered extremely high levels of PFAS in and around his firefighting turnout equipment. Lieutenant Paul Cotter, a retired Worcester Fire Department firefighter, had worn the tainted equipment for 28 years. Since making this discovery, Diane has rallied support from the Professional Fire Fighters of Massachusetts (PFFM) and the families of firefighters across the Commonwealth for the restriction of PFAS in firefighter equipment, as well as played a key role in the filing of litigation against the manufacturers of firefighter turnout gear by dozens of Massachusetts firefighters. The issue has recently received national attention, including from actor and producer Mark Ruffalo, who directed a short documentary that tells the story of Diane and Paul Cotter as they grapple with the effects of long-term exposure to PFAS chemicals in firefighting gear.

“We are incredibly proud and grateful for this righteous passing of Senator Moore’s bill to protect firefighters,” said Diane and Lieutenant Paul Cotter. “Since 2018 we’ve witnessed Senator Moore stand toe to toe against industry in three sessions of this bill. Every session was arduous but our firefighters from PFFM and the many lawmakers on both sides of the aisle held the line today for the fire community.”

"Thank you to Senator Michael Moore, Senator Julian Cyr, Ways and Means Chair Michael Rodrigues and the entire state senate who voted unanimously to remove toxic chemicals from our turnout gear, hold manufacturers accountable, and ultimately protect the health of the firefighters that serve this state," said Rich MacKinnon, Jr., President of the Professional Fire Fighters of MA. "We have worked for more than six years to pass a bill that bans PFAS chemicals, and today we are one step closer. The PFFM calls on the House to also pass this vital legislation so that it can go to the Governor's desk and hopefully be signed into law before we lose another firefighter."

Having been approved by both the Senate and the House, the bill will now be sent to the Governor’s desk for her signature.

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Massachusetts Legislature Passes Parentage Act

(BOSTON 8/5/2024) – Last week, the Massachusetts Legislature passed An Act to ensure legal parentage equality, extending the full rights of parentage to LGBTQ+ families and families created via assisted reproduction.

The bill dismantles archaic legal barriers to basic parenting responsibilities for modern families, opening the door to legally attend and make decisions during medical appointments, manage a child’s finances, participate in educational decisions, and provide authorizations for a child’s travel.

“The Massachusetts Legislature is acting to ensure that if you are a parent, the law treats you as such – regardless of whether you gave birth, adopted, had a surrogate, used IVF, or if you are part of a same-sex couple,” said Senator Michael Moore (D-Millbury). “The Commonwealth has long been a place that all are welcome, and I’m thrilled that this legislation continues our mission to codify those values into law. I’d like to thank my colleagues in the House and the Senate for getting this bill across the finish line and onto Governor Healey’s desk.”

Despite leading the nation by legalizing same-sex marriage 20 years ago, LGBTQ+ residents continue to face significant barriers in obtaining full legal recognition as a parent.

In response, the legislature’s bill updates the Commonwealth’s laws so common paths to parentage may be utilized equally by all families, regardless of marital status. It also creates a new path to parentage for individuals who are ‘de facto’ parents and ensures that every child and parent has the same rights and protections without regard to the marital status, gender identity, or sexual orientation of their parents, or the circumstances of their birth.

The legislation makes critical updates to laws related to assisted reproduction, including surrogacy and in-vitro fertilization (IVF). It outlines rights, requirements, procedures, and safeguards for parents, donors, surrogates, and others involved in the process. Further, it establishes clear paths to parentage for individuals or couples utilizing assisted reproduction and surrogacy in order to provide legal recognition and status prior to the child’s birth.

For many families, non-biological parents are their child’s parent in every way except being legally recognized as such. The bill passed today legally recognizes the importance of relationships between children and parents in modern families and affords individuals who have been acting in a meaningful parental role for a significant amount of time the opportunity to seek full legal rights befitting their relationship.

It also provides notice, and an opportunity to be heard, to existing parents, and adds safeguards against abuse and protections for domestic violence survivors and military parents.

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

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Senate Acts to Mitigate Massachusetts Opioid Crisis

(BOSTON 8/1/2024) – This week, the Massachusetts Senate passed legislation expanding support for residents coping with substance use disorder to stem the toll of an opioid crisis that takes thousands of lives each year.

S.2898, An Act relative to accessing harm reduction initiatives, enables cities and towns to establish a wide range of measures proven to reduce the harms of drug use, including needle exchange programs, drug screenings, and overdose prevention facilities. It makes strides in studying sober home oversight and resources to support those in recovery, and widely expands access to overdose reversal drugs like naloxone.

“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 perfect 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. This bill also give cities and towns the flexibility to implement the solutions that will work for their own unique situations – something I’ve supported throughout this process. I am hopeful that we can continue our work in the Legislature to make overdose deaths a thing of the past.”

The bill allows cities and towns to opt in to a number of new harm reduction programs. Those programs include:

• Needle exchange programs

• Primary care services, including disease prevention and health screenings

• Access to, or referrals for, evidence-based treatment options

• Drug testing services

• Overdose reversal care

• Supervision of individuals who consume pre-obtained substances

Programs that provide overdose reversal care and supervision of individuals who consume pre-obtained substances would require approval by the local board of health, select board or city council, and the state Department of Public Health (DPH). Participants and administrators of harm reduction programs would be granted limited liability protections.

To further support individuals in recovery, the Senate’s bill mandates DPH to conduct a study on sober homes in the Commonwealth, focusing on the safety and recovery of sober home residents. The study would examine and make recommendations for improving training for operators and staff, creating safe recovery environments, overseeing sober homes, and creating licensure programs for counselors and recovery coaches.

The bill creates licensure programs for alcohol and drug counselors and recovery coaches, which would be administered by DPH. Additionally, it requires the Bureau of Substance Addiction Services to study and report on barriers to certification, credentialing, and other employment and practice requirements for recovery coaches.

To increase and expand access to opioid reversal treatments like Narcan, the bill would:

• Require health insurance plans to cover opioid overdose reversal drugs without cost-sharing or prior authorization.

• Mandate pharmacies in areas with high incidences of overdose to maintain a continuous supply of opioid overdose reversal drugs and notify DPH if the supply is insufficient.

• Require substance use disorder treatment facilities to educate on and dispense at least two doses of opioid overdose reversal drugs to individuals upon discharge.

• Mandate hospitals to educate on and prescribe or dispense at least two doses of opioid overdose reversal drugs to individuals with a history of opioid use or opioid use disorder upon discharge.

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 a final version to the Governor’s desk.

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Senate Bolsters Access to Maternal Health Services in Massachusetts

(BOSTON 7/31/2024) – Yesterday, the Massachusetts Senate unanimously passed legislation to strengthen access to physical and mental health care for pregnant people and new parents in Massachusetts, an expansion of support systems that is intended to keep parents and newborns healthy as they are welcomed into the world.

S.2899, An Act relative to increasing access to perinatal health care, builds on and improves existing perinatal health resources across the Commonwealth, including mental health resources, midwifery, and doula services.

“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 Senate 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 the Senate’s work to support mothers at every stage of parenthood.”

In an effort to proactively address mental health needs, the legislation requires MassHealth and commercial insurance coverage for post-pregnancy depression screenings. It also mandates the Department of Public Health (DPH) to develop and maintain a comprehensive digital resource center on perinatal mood and anxiety disorders. 

It requires postnatal individuals receiving care from a postnatal professional to be offered a screening for post-pregnancy depression. Pediatricians will also offer screenings to postnatal individuals during infant wellness visits.

The bill allows earned sick time to be used for pregnancy loss, failed assisted-reproduction, adoption, or surrogacy. Further, it establishes a grant program to award funds to community-based organizations to address mental health conditions and substance use disorders for medically underserved perinatal individuals.

To improve access to midwifery care, the bill creates a licensure program for professional midwives to be certified by DPH. Licensed certified professional midwives will be authorized to dispense certain medications and administer necessary controlled substances under a statewide standing order to be issued by DPH. Additionally, the legislation mandates insurance coverage for services provided by certified nurse-midwives, making midwifery care more accessible and affordable.

The bill requires MassHealth to cover doula services for pregnant individuals, postpartum individuals up to 12 months following the end of pregnancy, and adoptive parents of infants until the infants reach one year of age. This provision recognizes the vital role that doulas play in supporting perinatal health and ensures that more families can benefit from their care.

Further notable provisions of the legislation include:

• Requiring DPH to create regulations for the operation and maintenance of birth centers licensed as freestanding birth centers.

• Codifying and expanding access to the DPH universal postpartum home visiting program.

• Prohibiting the administration of ultrasound services unless supervised by a licensed healthcare professional providing medical care for pregnant individuals.

• Changing the frequency of covered pediatrician wellness visits from annually to once per calendar year.

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 a version to the Governor’s desk.

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Senate Makes Sweeping Reforms to Long Term Care and Assisted Living Facilities

(BOSTON 7/30/2024) – Last week, the Massachusetts Senate approved sweeping reforms to the Commonwealth’s long term care and assisted living sectors, taking a powerful step towards delivering the high quality and safe care that Massachusetts seniors deserve. S.2889, An Act relative to long term care and assisted living, substantially strengthens oversight and enforcement while also requiring facilities to create outbreak plans should a health issue arise.

The bill also creates an LGBTQ+ bill of rights for aging residents to prohibit discrimination based on their LGBTQ+ identity or HIV status. After robust debate, the bill passed 39-0.

“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.

Assisted Living Basic Health Services. The bill makes it easier for residents of nursing homes and long term care facilities to get timely and efficient care by allowing 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.

The legislation enhances oversight and compliance of ALRs by lowering the threshold for ownership interest disclosure from 25% to 5%. 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.

Long Term Care Facilities. The bill requires the Department of Public Health (DPH) to inspect each long term care facility every nine to 15 months 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.

S.2889 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.

The bill requires long term care facilities to submit outbreak response plans to DPH with clear protocols for the isolation of residents, lab testing, visitor screening, preventing spread from staff, and the notification of residents, family, and staff in the event of a contagious disease outbreak.

The bill prohibits long term care facilities from discriminating against residents based on LGBTQ+ identity or HIV status, whether through the denial of admission, medical or non-medical care, access to restrooms, or through room assignments. It also requires staff training on preserving LGBTQ+ rights and care.

Versions of the bill having passed both chambers of the Legislature, the two branches will now reconcile their differences before sending a bill to the Governor’s desk.

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Senate Acts to Protect Massachusetts Firefighters from Toxic PFAS Chemicals

(BOSTON 7/30/2024) – Yesterday, the Massachusetts Senate passed a critical bill that will protect firefighters in the Commonwealth from toxic PFAS chemicals. S.2902 – based S.1556 and S.1502 – implements new regulations on manufacturers of firefighting personal protective equipment, requiring a written notice to the purchaser that the equipment contains PFAS, the reason PFAS were used, and what specific PFAS chemicals are contained within the equipment. Further, the bill prohibits the manufacturing, distribution, or sale of firefighting turnout equipment that contains PFAS chemicals beginning on January 1st, 2027.

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items fireproof, waterproof, or non-stick. These chemicals have become ubiquitous in products ranging from cookware to furniture to children’s toys – and critically, as a lining in firefighting turnout gear – despite posing dangerous health risks. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases. Compounding these dangers is the persistent nature of PFAS chemicals, known as “forever chemicals” for their resistance to breaking down in the environment.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably guess smoke inhalation or on-call injury. The shocking truth is that, from 2002 to 2019, cancer accounted for 66% of firefighter deaths, according to the International Association of Firefighters,” said Senator Michael Moore (D-Millbury). “PFAS exposure from firefighting equipment is a crisis for firefighters and the communities they serve. I am so proud that the Senate is finally taking action to protect our heroic firefighters from the chemicals in their turnout gear that are slowly poisoning them, and I could not be more thrilled to have done it alongside my partners in the Legislature as well as the tireless advocates from across the Commonwealth who have persisted in this effort despite many setbacks. I am hopeful that my colleagues in the House will step up to get this legislation to Governor Healey’s desk before the end of the legislative term.”

This legislation, originally filed by former Massachusetts Senator Diana DiZoglio and co-sponsored by Senator Michael Moore, has since been championed in the Senate by Senator Moore with support from Senators Julian Cyr, Bruce Tarr, Walter Timilty, Michael Rodrigues.

“Our firefighters are among the most hardworking, selfless people in Massachusetts, operating under the most dangerous of conditions while risking their own lives to save others. For their dedication to our communities, we must do all we can to provide them with the supports they need to do this invaluable work,” said State Auditor Diana DiZoglio. “That is why I am so grateful for the passage of this legislation, which will go a long way toward protecting those who protect us.”

“Every day firefighters face danger to protect us, and they depend on turnout gear to protect them,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “Yet far too often that gear has itself posed a threat to firefighter health because of the presence and carcinogenic impact of PFAS contained in the gear. Today the Senate took the decisive action that this situation demands, to confront the ongoing threat of these dangerous chemicals.”

“Firefighters in Massachusetts put their lives on the line every day on behalf of our communities, and yet it is the exposure to the forever chemicals known as PFAS in their turnout gear that pose one of the greatest risks to their health,” said Senator Julian Cyr (D-Truro). “This legislation marks a critical first step forward in the Senate’s efforts to mitigate the contamination of and eliminate exposure to these harmful forever chemicals.”

While PFAS chemicals have long been used in firefighter turnout gear, the long-term health effects on the men and women who wear the equipment every day have only recently come into the spotlight. The campaign to draw attention to the downsides of PFAS largely began in 2014 when Worcester native Diane Cotter, in the wake of her husband’s prostate cancer diagnosis, discovered extremely high levels of PFAS in and around his firefighting turnout equipment. Lieutenant Paul Cotter, a retired Worcester Fire Department firefighter, had worn the tainted equipment for 28 years. Since making this discovery, Diane has rallied support from the Professional Fire Fighters of Massachusetts (PFFM) and the families of firefighters across the Commonwealth for the restriction of PFAS in firefighter equipment, as well as played a key role in the filing of litigation against the manufacturers of firefighter turnout gear by dozens of Massachusetts firefighters. The issue has recently received national attention, including from actor and producer Mark Ruffalo, who directed a short documentary that tells the story of Diane and Paul Cotter as they grapple with the effects of long-term exposure to PFAS chemicals in firefighting gear.

“We are incredibly proud and grateful for this righteous passing of Senator Moore’s bill to protect firefighters,” said Diane and Lieutenant Paul Cotter. “Since 2018 we’ve witnessed Senator Moore stand toe to toe against industry in three sessions of this bill. Every session was arduous but our firefighters from PFFM and the many lawmakers on both sides of the aisle held the line today for the fire community.”

"Thank you to Senator Michael Moore, Senator Julian Cyr, Ways and Means Chair Michael Rodrigues and the entire state senate who voted unanimously to remove toxic chemicals from our turnout gear, hold manufacturers accountable, and ultimately protect the health of the firefighters that serve this state," said Rich MacKinnon, Jr., President of the Professional Fire Fighters of MA. "We have worked for more than six years to pass a bill that bans PFAS chemicals, and today we are one step closer. The PFFM calls on the House to also pass this vital legislation so that it can go to the Governor's desk and hopefully be signed into law before we lose another firefighter."

Having been approved by the Senate, the bill will now go to the House for consideration before it can be sent to the Governor’s desk for her signature.

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Senate Acts to Protect First Responders Permanently Injured in the Line of Duty

(BOSTON 7/29/2024) – Last week, the Massachusetts Senate unanimously passed legislation to ensure that first responders who are permanently injured by violent acts in the line of duty receive their full regular compensation until they reach retirement age. S.2887, An Act relative to disability pensions and critical incident stress management for violent crimes, enshrines into law financial security for first responders and their families after a critical or life-threatening injury occurs while serving their state, county, city, or town.

 “First responders put their lives on the line each and every day in service of their communities,” said Senator Michael Moore (D-Millbury). “We owe it to these brave men and women to guarantee that they and their families will be taken care of if anything were to happen to them in the line of duty – I’m pleased to have voted for a bill that does just that. I’d like to thank Senator Friedman for taking the lead on this important legislation and to all my colleagues for unanimously passing it.”

“The push for authorizing full disability pensions for first responders violently injured on duty dates back to my time working with and for my predecessor, Senator Ken Donnelly,” said Senator Cindy F. Friedman (D-Arlington), Vice Chair of the Senate Committee on Ways and Means. “As a former firefighter, there was no bigger advocate of honoring the service and sacrifice of Massachusetts’ first responders than Ken, and I am honored to have been able to play a role in getting this bill through the Senate, further cementing Ken’s incredible legacy. This legislation will change the lives of first responders and their families in the Commonwealth who have had to suffer through tremendous hardship.”

The legislation authorizes any employee considered a member-in-service of a retirement board to be eligible for accidental disability retirement if they sustain a catastrophic, life-threatening, or life-altering and permanent bodily injury, and are no longer able to perform their duties. Retirement boards would review evidence deemed appropriate, such as a medical panel finding that the member is physically unable to perform the essential duties of their job due to a violent act injury, and that this inability is likely to be permanent.

The bill also requires that following any incident involving exposure to actual or threatened death, serious injury, or sexual violence, a member must receive notice of critical incident stress management debriefing programs. This provision ensures that first responders have access to the mental health support they need after traumatic events.

Having previously been passed by the House, the bill will need one more enacting vote in each branch before being sent to the Governor for her consideration.

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Massachusetts Legislature Passes Pay Equity Legislation

(BOSTON 7/29/2024) – Last week, the Massachusetts Legislature took a powerful step towards closing the gender and racial wage gap in the Commonwealth by passing An Act relative to salary range transparency. The legislation requires employers with 25 or more employees to disclose a salary range when posting a position and protects an employee’s right to ask their employer for the salary range for their position when applying for a job or seeking a promotion.

When signed into law, H.4890 would make Massachusetts the eleventh state to mandate pay transparency by requiring employers to disclose salary ranges, according to the National Women’s Law Center. H.4890 builds on the Legislature’s 2016 passage of the Massachusetts Equal Pay Act, which prohibited wage discrimination based on gender and brought long-sought fairness and equality to workplaces in the state.

“Salary transparency is key to ensuring employees are getting fair and equal compensation for their work,” said Senator Michael Moore (D-Millbury). “Requiring employers include salary ranges in job listings will allow employees to better understand what their colleagues and peers are being paid – critically important when negotiating compensation. I’m proud that the Legislature is once again stepping up to close the gender and racial pay gap, and I look forward to seeing this bill get signed into law.”

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

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Senate Acts on Supplemental Budget Funding Human Services, Childcare, Hospitals

(BOSTON 7/25/2024) – The Massachusetts Senate yesterday passed a supplemental budget directing funding to childcare assistance, community services, and workforce initiatives vital to the wellbeing of Massachusetts residents. The legislation directs funding to deficiencies outlined by the Healey-Driscoll Administration and makes numerous clarifications to state policies to cut red tape and create efficiencies in state government.

“This supplemental budget provides essential funding for services that touch the lives of nearly every Bay Stater – supporting child care, expanding health care, fighting hunger, and more,” said Senator Michael Moore (D-Millbury). “Investments like these help keep Massachusetts a leader amongst its peers in the United States. I’m pleased to have voted to approve this legislation, and I’m thankful to my colleagues in the Senate for acting swiftly to fill the gaps in these important systems.

The legislation appropriates $432 million in funding from Fiscal Year 2024 appropriations that would be made available through Fiscal Year 2025. It directs $228 million in funding for the American Rescue Plan Act Home and Community Based Services (ARPA HCBS) Reserve to promote innovative services that enhance the quality of life and independence of people in their home and community, an investment that comes at no net cost to the state.

It includes $61 million for a critical health and human services and workforce reserve to cover projected deficiencies in Fiscal Year 2024 related to the continued need for direct care staffing to respond to health needs in nursing homes, group care settings, state hospitals, and veterans’ homes, as well as other patient health and safety supports. It also includes $45 million in financial assistance for fiscally strained hospitals and $25 million in assistance to fiscally strained community centers, supporting the state’s most stressed providers serving high-need areas.

Additional investments include:

• $29.7 million in early education and care subsidies to ensure that providers are able to maintain access for all income-eligible families in need of child care.

• $20.0 million for services to victims of crime, known as the ‘VOCA bridge.’

• $5.6 million for tax abatements for veterans, widows, blind persons and the elderly.

• $5.1 million to support increased demand for the Healthy Incentives Program (HIP), which provides fresh, healthy food options and supports our local growers.

• $2.8 million for the Elections Division of the Secretary of the Commonwealth.

• $2.1 million to be used for Women, Infants and Children (WIC) nutrition services to fully support the current caseload of recipients

The legislation includes changes and clarifications to policy, including:

• Permitting the Operational Services Division (OSD) to procure both electric vehicles and charging equipment on one contract, an efficiency that will help the state reach its climate goals.

• Increasing the amount that the Division of Capital Asset Management and Maintenance (DCAMM) is able to contract with utility vendors for energy conservation projects from $300,000 to $500,000, enhancing the division’s ability to support the state in reaching its climate goals.

• Adding tribes as eligible entities to receive funding through the broadband municipal grant program.

• Providing flexibility on the use of ARPA funds for local boards of health.

• Allowing the Department of Conservation and Recreation (DCR) to enter into new long-term leases of up to 30 years for the operations of ice rinks.

The legislation passed the Senate by a vote of 38-1.

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 a compromise bill to the Governor’s desk

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