Friday, April 29, 2011

Accountability in State Government Financing

I'm please that the Senate President has filed legislation that reflects a number of concepts for accountability and state government financing that I have advanced over the past several years.  Given the importance of securing meaningful reform as soon as possible I have joined her as a sponsor of this legislation.  While a great deal remains to be done in achieving the accountability that citizens and taxpayers deserve, the filing of this legislation reflects a promising development.  To read a section by section summary of the bill please click "Read more" below.  To view the actual language of the bill please click here.



An Act to Improve the Administration of State Government and Finance
Section-By-Section Summary:
Section 1 – Sunset Review Commission
Based on similar procedures operating in Texas and Florida, this legislation would establish a commission charged with reviewing the operations of all state agencies and authorities in the Commonwealth. The commission would consider the continuing need for agencies and authorities in state government and assign recommended sunset dates for each agency and authority in state government. 
Section 2, 23, 70 – Printing
This section repeals chapter 5 of the General Laws, which governs state printing.  Provisions of this chapter that remain relevant have been moved or will be moved to other appropriate places in the General Laws: chapter 3 (the Legislature), chapter 7 (Administration and Finance) and chapter 9 (the Secretary of State).
Sections 3 to 9 – The Governor’s Office
These sections update titles and references that appear in chapter 6 of the General Laws and conform to current practices with respect to the role of the Governor’s Council.
Sections 10 to 11, 13-15 – Executive Offices
These sections update titles and references that appear in chapter 6A of the General Laws and conform to current practices with respect to the role of the Governor’s Council.
Sections 12, 29, 87, 102, 104 – Performance Management
These sections require executive offices and the State Lottery Commission to implement performance management strategies to facilitate the measurement of the performance of all budgeted agencies and to enable better programmatic decision-making. For Executive Branch agencies, the implementation and output of such strategies must be coordinated by a new office proposed to be established in the Executive Office of Administration and Finance.
Sections 16-22, 24-28, 30-52, 54-55 – Executive Office of Administration and Finance
These sections update titles and references that appear in chapter 7 of the General Laws and conform to current practices with respect to the role of the Governor’s Council.
Sections 53 and 68 – Division of Capital Asset Management and Maintenance
These sections consolidate all statutes concerning the Division of Capital Asset Management and Maintenance in a new chapter, chapter 7C of the General Laws, from their current locations in chapter 7 and 29 of the General Laws.
Section 56 – Office of the Comptroller
This section clarifies two currently conflicting provisions of the General Laws to specify that the office of the comptroller is an independent agency located within the Executive Office of Administration and Finance.
Section 57 – Office of the Comptroller
This section updates a reference in section 2 of chapter 7A to the secretary of administration and finance.
Section 58 – Payment Verification
This section conforms section 3 of chapter 7A of the General Laws with the current practice of submitting electronic verifications for purposes of obligating Commonwealth funds, and adds an explicit requirement that all such authorized payments be contained in a report by the comptroller.
Section 59 – Federal Grants and Reimbursements
This section eliminates a redundant report compiling all federal grants and reimbursements received by the commonwealth.
Section 60 and 61 – Vendor Payments
These sections clarify the comptroller’s authority to ensure the maintenance of records of payments to vendors by state agencies, and require any schedule for vendor payments promulgated by the comptroller to consider the impact of such schedule on the Commonwealth’s cash flow and to minimize the commonwealth’s short-term borrowing.
Section 62 – Prohibition on Consultants
This section repeals section 6 of chapter 7A, an unenforceable prohibition against the Commonwealth contracting with consultants.
Section 63 – Adjustments for Current or Prior Reporting Periods
This section adds explicit authority for the comptroller to make adjustments in the Commonwealth’s accounts, both for the current reporting period and for prior reporting periods.
Section 64 – Conformity with Required Reports
This section explicitly requires the comptroller to ensure that all accounting statements contained in reports by states agencies reconcile to the Commonwealth’s official statutory basis financial and comprehensive annual financial reports. 
Section 65 – Office of the Comptroller
This section clarifies that the office of the comptroller operates subject to appropriation.
Section 66 – Budget Director
This section eliminates a reference to the commissioner of capital asset management and maintenance from a provision for which that commissioner has no responsibility.
Section 67 – Liability Management
This section strikes an obsolete ceiling on deductibles the comptroller may establish within the Commonwealth’s current liability management program, and eliminates obsolete references in the current statute.
Sections 69-72 – Secretary of State
These sections eliminate obsolete references to the Governor’s Council and Governor with respect to hiring decisions over which the Secretary of State has exclusive authority.
Section 73 – State Treasurer
This section eliminates obsolete references to the Governor’s Council and Governor with respect to hiring decisions over which the State Treasurer has exclusive authority.
Section 74-76 – Investment Advisory Council
These sections eliminate the statutory requirement to create an investment advisory council, which has not operated for many years.
Section 77 – Deposits in Trust
This section eliminates an obsolete section requiring a report of every corporation who holds “deposits in trust” with the Commonwealth.
Section 78-79 – Debt Reporting
These sections ensure that the house and senate ways and means committees receive a report of outstanding debt, and require that all state agencies or authorities that are empowered to issue debt to report any issuance of debt at least quarterly to the state treasurer.
Section 80 – Cash Flow Reports
This section proposes numerous improvements in the Commonwealth’s current regime of cash flow reporting. This section requires the quarterly cash flow reports to compare actual spending and revenue in a reporting period with estimates previously made for that reporting period, and to analyze possible reasons for variances between estimates and actuals. This section clarifies the department of revenue’s responsibility to report tax revenue collections, and the comptroller’s responsibility to report spending and non-tax revenue collections, and explicitly requires the compliance of all state agencies in submitting such reports, including the State Lottery Commission. This section also requires the state treasure, the Executive Office of Administration and Finance and the Comptroller to compile monthly the variance reports currently made weekly by the state treasurer, and to distribute the compiled monthly reports to the house and senate committees on ways and means as well as the relevant state agencies.
Section 81 – Metropolitan District Commission
This section eliminates an obsolete section referring to assessments made by the former metropolitan district commission. 
Sections 82-83, 103 – State Lottery Commission Financial Statements
These sections would require the State Lottery Commission to produce audited financial statements, and to publish those statements electronically in conformity with the same deadlines established for the Commonwealth’s own financial statements.
Sections 84-86, 88-90 – State Lottery Commission
These sections strike two obsolete paragraphs governing the former arts lottery and the allocation of multi-jurisdictional lottery revenues, and update various requirements that lottery proceeds be used to fund local aid for cities and towns, subject to appropriation.
Sections 91-93 – State Auditor
These sections eliminate obsolete references to the Governor’s Council and Governor with respect to hiring decisions over which the State Auditor has exclusive authority.
Sections 94-96 – Department of Revenue
These sections update titles and references that appear in chapter 14 of the General Laws. 
Sections 97, 105-107 – State Finance
This section strikes existing chapter 29 of the General Laws in its entirety and replaces it with a new proposed chapter 29. 
Among the initiatives appearing in the new chapter 29 are:
Statutory debt limit – This initiative rebases the Commonwealth’s debt limit at $17.07 B starting on the first day of FY 12, and changes the index to make it more responsive to economic conditions. (revised section 60A)
Statutory debt affordability – The commonwealth currently has an almost-meaningless debt affordability statute adopted decades ago, which simply provides that “debt service” (which is undefined) cannot exceed 10% of budgeted appropriations. The Patrick Administration has (for the first time) released an annual study of how much debt the Commonwealth can afford to issue each year, but this requirement is not codified. This initiative is modeled on a statute from the state of Maryland, a AAA-rated state similar in many ways to Massachusetts. Revised section 60B provides: 
Codifies a requirement that a debt affordability study be performed before the Administration establishes a bond cap and issues bonds that fiscal year.
Requires this study to be performed by an independent debt affordability committee, chaired by the secretary of administration and finance. The other voting members of the committee would be the Comptroller, the Secretary of Transportation, one academic expert in public finance appointed by the Governor, the State Treasurer, and two experts in public finance who are not employed by the Commonwealth either as state employees or as consultants. The house and senate chairs of Bonding, Capital Expenditures and State Assets would be non-voting members of the committee.
Establishes criteria for debt that should be counted in that study.
Requires the committee to establish and review methodologies for how the study should calculate available revenues. 
Requires the committee to establish statutory benchmarks against which to compare Massachusetts. 
Update the statutes governing the investments of the state’s assets. These changes also require the re-procurement of management of the Massachusetts Municipal Depository Trust, the entity holding much of the Commonwealth’s cash deposits. (revised sections 34, 38 and 38A)
Allow interfund borrowings during the fiscal year to support cash flow (to be repaid during the fiscal year). In other words, permit draws from the Stabilization Fund to help with cash management, as long as they are repaid during the fiscal year. They would in effect render some short-term borrowing unnecessary. These borrowings would only be authorized after a written certification by the secretary of administration and finance and the state treasurer that it is cost-effective to borrow from the Stabilization Fund rather than issue revenue anticipation notes. (revised section 2H)
Adjust sections 9B and 9C to current electronic allotment practices
Improve oversight of non-tax revenue collections. This change would require the Comptroller to promulgate a common uniform schedule for classifying non-tax revenue collections by state agencies of the Commonwealth. (revised section 2)
Eliminate all requirements of paper notifications
Alter the presentation and content of sections 1A and 1B of the budget. These critical sections of the budget recite budgeted revenues. This initiative would require section 1B to present restricted and unrestricted revenues by department, according to revenue category (federal reimbursements, departmental revenues and consolidated transfers). (revised section 6D)
Improve treatment of federal grants (revised section 6B)
Conform provisions concerning the reimbursement of fringe and indirect costs to current practice (revised section 5D)
Index the $1 B ceiling on capital gains revenues to inflation (revised section 5G)
Require a presentation, with House 1, of anticipated budget trends for the succeeding five years after the year for which we are budgeting. (revised section 7H)
Expand the tax expenditure budget and require it to compare estimates with actual. The current tax expenditure budget is incomplete, as it only addresses tax expenditures in the income tax, business and corporate tax, and sales tax categories.  It also does not compare past estimates with actual results, a best practice that results in improved forecasting. This initiative requires the budget to present tax expenditures in the financial institutions and insurance tax categories as well, and requires each budget to compare prior estimates with actual results and analyze reasons for discrepancies and how those discrepancies might improve forecasts. (revised sections 1 and 5B)
Eliminate various statutory requirements that a “maintenance budget” be developed. Many of our state finance laws are organized around the notion that the starting point for any state budget – and, in fact, the purpose of any state budget – is to preserve existing programs and existing state agencies.  These assumptions are at odds with a more modern notion of budgeting that the Commonwealth should continuously evaluate agencies and programs for performance, and invest in the higher-performing programs. This initiative eliminates various requirements in state finance laws that the Governor develop a maintenance budget.
Require consolidated net surplus to be split in half – one-half to Stabilization Fund, one-half to OPEB liability. In the future, the Commonwealth’s newly-enacted ceiling on capital gains tax collections will be the predominant source of deposits in the Stabilization Fund. This initiative proposes to divide the Commonwealth’s year-end consolidated net surplus in two, sending half to the Stabilization Fund and the other half to the State Retiree Benefits Trust Fund. (revised section 5C)

Sections 98, 108  – Local Aid
These sections propose to start distributing unrestricted local aid (general government aid, chapter 70 aid and payments in lieu of taxes) monthly rather than quarterly, starting in fiscal year 2013. This initiative will aid the cash flow of cities and towns, and is intended to mitigate the Commonwealth’s need to issue revenue anticipation notes.
Section 99-100 – Temporary Holding Fund
These sections eliminate the temporary holding fund, a device that hurts the Commonwealth’s cash flow without any real benefit for the Commonwealth’s budgeting.
Section 101 – Highways
This section moves two sections out of chapter 29 into their correct chapter of the General Laws, chapter 81.

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Wednesday, April 27, 2011

On the Air with WRKO

Last night the House of Representatives passed an amendment to the House version of the Fiscal Year 2012 state budget that would change the way healthcare plans for municipal and school employees are developed. Today I had the opportunity to discuss my initial thoughts on the issue with host Barry Armstrong of WRKO radio's program "Lunch Money". To listen to today's discussion please click the photo posted below. To read the actual language of the amendment please click here.





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Sunday, April 24, 2011

Happy Easter!

I would like to wish everyone a wonderful and happy Easter that is celebrated with family and friends and that the holiday brings you and your loved ones many blessings.



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Thursday, April 21, 2011

Today's Appearance on Fox 25

This morning I was a guest on Fox 25's Morning News Segment "Tolman and Gray". Former State Senator Warren Tolman and I discussed the trial of former Speaker of the House Salvatore DiMasi, which is scheduled to begin next week, the release of the proposed state budget for next year by the House Committee on Ways and Means, and the possibility of a suspension of the state's gas tax. To view our lively discussion with news anchor Gene Lavanchy, please play the posted video below.

Talking Politics: MyFoxBOSTON.com



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Wednesday, April 20, 2011

Media Alert: On the Air with Fox 25

Tomorrow morning I'll be a guest on the Fox25 Morning News segment “Tolman and Gray” analyzing the latest political topics with former State Senator Warren Tolman. Some of the topics that we may discuss include a look back at last year's BP oil spill, the Governor's national book tour, and the recent release of the House Ways and Means Budget for Fiscal Year 2012. Please tune in on Fox25 tomorrow morning at approximately 7:15am for our lively discussion.


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Tuesday, April 19, 2011

A Special Performance at the State House

Today I had the honor of hosting, with Representative Hill, a special group of student vocalists, known as La Petite Chorale, and their families here at the State House. This remarkable group of performers range in age from five to eleven years, and come from the Cape Ann communities.

A particularly impressive aspect of the chorale's performances is the inclusion of multiple languages (including American Sign Language), sophisticated choreography and dancing. These talents are developed and nurtured by the talented Chorus Director and founder Wendy Manninen.

Following a tremendous performance today on the Grand Staircase at the State House, Representative Brad Hill gave the group a tour of the House Chamber and I provided them with a tour of the Senate Chamber. We were honored by the visit from these special guests.

Please click "Read more" below to view some photographs from the day's events.
















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Happy Passover

I would like to wish all my Jewish constituents a wonderful and joyous Passover that is shared with friends, family, and loved ones in celebrating the true spirit of the holiday and that your time together is filled with peace and happiness. Chag Sameach!


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Friday, April 15, 2011

Senate Adopts Early Local Aid Resolution


Yesterday, the Massachusetts State Senate acted on an order I filed with my Republican colleagues to provide cities and towns with a set of preliminary Fiscal Year 2012 (FY12) local aid figures. On a unanimous vote of 36-0, the Senate endorsed a resolution setting the minimum amount of Chapter 70 education aid and general government assistance communities can expect to receive from the state for the new fiscal year that begins on July 1st.

This resolution addresses two critical factors – timing and reliability. Through its adoption, municipal and school officials can have the information they need to make timely decisions about their budgets, and they can count on specific amounts of aid, at a minimum, to be there when they need them.

The timing of the resolution is critical, since municipal and school budgets must be acted upon and approved by local legislative bodies well in advance of the July 1st deadline for the implementation of the state budget for the coming fiscal year.



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Thursday, April 14, 2011

On the Air with Channel 5

Last night WCVB-TV Channel 5 reported on an MBTA amnesty program for those who misrepresented their educational background on their application for hire within the agency. In the report I am interviewed by reporter Sean Kelly providing my thoughts on the matter. To view WCVB-TV Channel 5's report please click here.


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Wednesday, April 13, 2011

Media Alert: On the Air with Channel 5

Today I spoke with reporter Sean Kelly of WCVB-TV Channel 5 to discuss an amnesty program for those who misrepresented themselves on their applications for employment at the MBTA. Please tune in to tonight’s news broadcast at 11:00 PM on WCVB-TV Channel 5 to see the interview.


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Tuesday, April 12, 2011

Today's Fox 25 Appearance

Today on the Fox 25 Morning News I had the opportunity to discuss an MBTA Oversight Hearing held today by the Joint Committee on Transportation with Anchor Gene Lavanchy. Today's public hearing featured testimony from MBTA and MBCR officials, legislators and transportation experts who provided insight on the issues surrounding commuter rail service disruptions. To view today's lively discussion with Gene please play the posted video below. To read a past blog post on the matter please click here.

Lawmakers preparing to grill MBTA: MyFoxBOSTON.com



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Monday, April 11, 2011

Media Alert: On the Air with Fox 25

Tomorrow morning at approximately 7:45am I will be a guest on the Fox 25 Morning News to discuss my thoughts on the Joint Committee on Transportation's MBTA oversight hearing scheduled for tomorrow afternoon at 2:00pm in the State House. To read a past blog post on how the oversight hearing came to fruition please click here, and don't forget to tune in tomorrow morning for what will be a lively discussion.


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Celebrating Greece's Independence

On Friday, April 8th, people of Greek descent came to the State House to celebrate Greece's independence from the Ottoman Empire (now modern day Turkey) in 1821. This year's annual celebration included several state legislators, Greek dignitaries and officials, and guests from all across the Commonwealth.

The ceremony was very moving and humbling and I was honored to once again serve as a host and the Master of Ceremonies for this event that featured singing from the Hellenic College/Holy Cross Greek Orthodox School of Theology Choir, a prayer from His Eminence Metropolitan Methodis, a keynote speech delivered by new Greek Consul General Ilias Fotopoulos, and a reading by this year's essay winner, 6th Grader Christopher James Nacopoulos who wrote about the struggles that the Greek people endured to secure a free nation.

To view pictures from this year's event please click the read more section below.


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Wednesday, April 6, 2011

A Visit From Some International Guests

Today I had the pleasure of welcoming former Rockport selectman and Rotary member Armand "Dan" Aparo and a group of students participating in the Rotary International Youth Exchange Program to the State House for a brief tour and discussion of state government and the legislative process. The international students were enthusiastic and engaging. Below are some photos from today's visit. To learn more about Rotary and the International Youth Exchange Program please click here to visit the organization's webpage.

I would also like to invite all of my constituents to come to the State House for a special free tour of one of the State’s most treasured buildings. Tours are given year round from 10:00 am to 4:00 pm, and last approximately 40 minutes. To reserve a tour please call the tour desk at (617) 727-3676. The State House offers both portraits and historical artifacts of Massachusetts long and storied history.



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Friday, April 1, 2011

Media Alert: On the Air with WCRN and Rush Talk 1200AM

Tomorrow morning Senator Richard Moore and I will be interviewed by host Jon Weston of "Conservatively Speaking" on WCRN True Talk 830. We will be discussing with Jon the Secure Communities Program and parole reform in Massachusetts at approximately 7:30AM, and on Monday morning I'll be speaking with Jeff Katz of the Jeff Katz Show on Rush Talk 1200 Boston to discuss several Medicaid reform amendments to yesterday's supplemental budget that I filed along with the Senate Republican Caucus. Please tune in on Monday at 7:05AM to listen to our lively discussion. To read more about the Medicaid amendments that were filed please click here to read a previous post.


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Votes to Note: FY'11 Supplemental Budget

Yesterday the Senate Republican Caucus offered a series of Medicaid reform amendments to the Supplemental Budget, H.3318, designed to crack down on waste and abuse in the state’s Health Safety Net program that was uncovered and outlined in a recent report by Inspector General Gregory Sullivan.

Earlier this week, the Boston Herald reported that the state’s Uncompensated Care Pool – which is funded through contributions by taxpayers, health insurers and hospitals – paid out $414 million in 2009 for 1 million emergency health care claims. According to the Inspector General, $7 million was used to provide health care for non-Massachusetts residents, $17.8 million was spent on “medically unlikely” or “medically unnecessary” claims, and $6 million went towards payments on 13,000 duplicate claims.

Although the Health Safety Net was intended to be limited to Massachusetts residents only, the Inspector General’s report found the state does not even require individuals to provide a Social Security number to help verify their assets and eligibility. As a result, the fund was used to provide health care for residents of 48 other states and even other countries.

The Senate amendments would:

• require applicants to provide a Social Security number on all medical benefits request forms, require verification of an applicant’s eligibility prior to payment, and prohibit payments for individuals who have other insurance coverage;

• require the Office of Medicaid to develop regulations to improve record-keeping and minimize the likelihood of paying for duplicate or invalid claims; and

• authorize the Inspector General to conduct a comprehensive audit of the state’s Medicaid program and report back to the Legislature with his findings by April 1, 2012.

The caucus was able to force a roll call vote for the required verification amendment but unfortunately all three proposals failed during yesterday's debate. To view the votes taken by the members of the Senate and the actual language of the bills please click the read more tab below. To read the Inspector General's report please click here.






MEDICAID VERIFICATION FOR COVERAGE Roll Call Vote:

Roll Call Votes: Yea/Nay

Steven A. Baddour: Nay
Frederick E. Berry: Nay
Stephen M. Brewer: Nay
Gale D. Candaras: Nay
Harriette L. Chandler: Nay
Sonia Chang-Diaz: Nay
Katherine Clark: Nay
Cynthia Stone Creem: Nay
Sal N. DiDomenico: Nay
Kenneth J. Donnelly: Nay
Eileen Donoghue: Nay
Benjamin B. Downing: Nay
James B. Eldridge: Nay
Susan C. Fargo: Nay
Barry Finegold: Nay
Jennifer L. Flanagan: Nay
John Hart: Nay
Robert L. Hedlund: Yea
Patricia D. Jehlen: Nay
Brian A. Joyce: Nay
John Keenan: Nay
Thomas P. Kennedy: Nay
Michael R. Knapik: Yea
Thomas M. McGee: Nay
Mark C. Montigny: Nay
Michael O. Moore: Nay
Richard T. Moore: Nay
Senate President Therese Murray: Did Not Vote
Marc R. Pacheco: Yea
Anthony Petruccelli: Nay
Michael Rodrigues: Nay
Stanley C. Rosenberg: Nay
Richard J. Ross: Yea
Michael Rush: Did Not Vote
Karen E. Spilka: Nay
Bruce E. Tarr: Yea
James E. Timilty: Yea
Steven A. Tolman: Nay
James Welch: Nay
Daniel Wolf: Nay

MEDICAID VERIFICATION FOR COVERAGE

Mssrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (House, No. 3318) by inserting at the end thereof the following new sections:-

“Section X. The office of Medicaid shall, within six months of the passage of this act, take any and all necessary actions to ensure that social security numbers are required on all medical benefits request forms and that social security numbers are provided by all applicants who possess them.

If for any reason the office determines that it is or will be unable to accomplish the foregoing within six months of the passage of this Act, it shall submit a detailed report of the reasons for such inability to the clerks of the house of representatives and the senate within three months following the passage of this act.”

Section X. The division of health care finance and policy shall, within six months of the passage of this act, ensure ii) that the identity, age, residence and eligibility of all applicants are verified before payments are made by the Health Safety Net Trust Fund; and iii) that no payment is made for any expense which is otherwise covered by third party liability, private insurance, or other governmental coverage, including Medicare and MassHealth.

If for any reason the division determines that it is or will be unable to accomplish the foregoing within six months of the passage of this Act, it shall submit a detailed report of the reasons for such inability to the clerks of the house of representatives and the senate within three months following the passage of this act.”

MEDICAID UTILIZATION
Mssrs. Tarr, Hedlund, and Ross move to amend the bill (House, No. 3318) by inserting at the end thereof the following new sections:-
“Section X. The division of health care finance and policy shall, within eight months of the passage of this act, develop regulations to ensure the following: i) that Medicare-like claims editing is fully and effectively implemented and used to determine reimbursements from the Health Safety Net Trust Fund; and ii) that claims editing is effectively used to reduce the occurrence of payments for medically unnecessary services, medically unlikely events, and duplicate services.
Section X. The office of Medicaid shall, within eight months of the passage of this act, develop regulations to ensure that incentives or regulations are implemented to increase competition among MassHealth managed care organizations, reduce the size of some provider networks offered by managed care organizations, and/or to reduce cost of managed care organizations.”


INSPECTOR GENERAL AUDIT OF MEDICAID

Mssrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (House, No. 3318) by inserting at the end thereof the following new section:-

“Section X. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2012, the office of the inspector general may expend funds from the Health Safety Net Trust Fund, established by section 36 of chapter 118G of the General Laws, for the costs associated with conducting an audit of the Commonwealth’s Medicaid program. The inspector general may examine the practices utilized in all hospitals including, but not limited to, the care of the insured receiving health care services reimbursed pursuant to the Commonwealth’s Medicaid system. The inspector general shall submit a report to the house and senate committees on ways and means containing the findings of any audits so conducted and any other completed analyses not later than April 1, 2012. For the purposes of such audits, health care services shall be defined pursuant to said chapter 118G and any regulations adopted there under.”


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