EXECUTIVE OFFICES

M.G.L. pt. Part I, tit. Title II, ch. c. 6A

in effect

M.G.L. c. 6A, § 1 Definitions

c. 6A, § 1. Definitions Section 1. The following terms, as used in this chapter, shall, unless the context requires otherwise, have the following meanings:— ''Secretary'', the head of an executive office established under section two. ''State agency'', as defined in section 1 of chapter 29.

M.G.L. c. 6A, § 2 Establishment of executive offices

c. 6A, § 2. Establishment of executive offices Section 2. There shall be the following executive offices, each of which shall serve under the governor: administration and finance, education, energy and environmental affairs, health and human services, economic development, housing and livable communities, labor and workforce development, public safety and security, technology services and security, transportation and public works and veterans' services.

M.G.L. c. 6A, § 3 Secretary; appointment of undersecretary

c. 6A, § 3. Secretary; appointment of undersecretary Section 3. Each of said executive offices shall be headed by a secretary, who shall be appointed by and serve at the pleasure of the governor. The secretary shall receive such salary as the governor may determine, and shall devote his full time to the duties of his office. Each secretary may, notwithstanding section 45 of chapter 30 and chapter 31, subject to the approval of the governor and subject to appropriation, appoint 1 or more undersecretaries for the executive office, each of whom shall serve at the pleasure of her appointing secretary. Each person appointed as an undersecretary shall have experience and shall know the field or functions of such position, shall receive such salary as the secretary shall determine, subject to the approval of the governor, and shall devote his full time to the duties of the office.

M.G.L. c. 6A, § 4 Executive officer

c. 6A, § 4. Executive officer Section 4. Each secretary shall act as the executive officer of the governor for accomplishing the purposes of his executive office. He shall conduct comprehensive planning with respect to the functions of said office and coordinate the activities and programs of the state agencies therein. He shall conduct studies of the operations of said agencies with a view to effecting improvements in administrative organization, procedures and practices, and to promoting economy, efficiency, and avoiding useless labor and expenses in said agencies. He shall from time to time recommend to the governor such changes as he shall deem desirable in the laws relating to the organization, structure, efficiency or administrative functions, services, procedures and practices of any such agency or agencies. He shall review and act upon budgetary and other financial matters concerning said agencies under chapter 29.

M.G.L. c. 6A, § 4A Performance goals and metrics; strategies for improvement

c. 6A, § 4A. Performance goals and metrics; strategies for improvement Section 4A. In coordination with the office of the governor, each secretary shall, at the executive office and agency level: (i) develop measurable, outcome-based performance goals and a focused set of performance metrics to track progress and execution; (ii) measure performance on an ongoing basis against the goals and metrics; and (iii) establish strategies to improve government performance informed by the goals and metrics. Each secretary shall, in coordination with the office of the governor, make the performance goals and the secretary's progress in reaching those goals available online annually not later than March 1.

M.G.L. c. 6A, § 5 Access to records, copies of documents, information

c. 6A, § 5. Access to records, copies of documents, information Section 5. The secretary shall have access to all records, as defined in section forty-two of chapter thirty, in the custody of all state agencies within his executive office, except where such access is prohibited by law. Such agencies shall furnish him with copies of all reports, notices and other documents which they are required by law to submit to the governor, the general court or any state agency, and with all other information requested by the secretary for the purpose of discharging the duties of his office.

M.G.L. c. 6A, § 6 Funds

c. 6A, § 6. Funds Section 6. The secretary may, subject to the approval of the secretary of administration and finance, apply for and accept on behalf of the commonwealth any funds, including grants, bequests, gifts or contributions, from any person. Such funds shall be deposited in a separate account with the state treasurer and received by him on behalf of the commonwealth. All such funds may be expended by the secretary under chapter 29 and any rules or regulations promulgated under that chapter.

M.G.L. c. 6A, § 7 Experts, consultants, assistants

c. 6A, § 7. Experts, consultants, assistants Section 7. Subject to appropriation, the secretary may, without regard to chapter thirty-one but subject to the approval of the governor, appoint such experts, technical consultants and other assistants in his executive office as he shall deem necessary to perform the functions of said office; provided, that the provisions of section nine A of chapter thirty shall not apply to any person holding any such appointment. Every person so appointed to any supervisory position in said office shall have experience and skill in the field of the functions of such position. So far as practicable in the judgment of the secretary, appointments to such positions shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter thirty-one; and in every such instance, and in every instance of an employee so promoted from a position in which at the time of promotion he shall have tenure by reason of section nine A of chapter thirty, upon termination of his service in such unclassified supervisory position, the employee shall, if he shall so request, be restored to the classified position from which he shall have been promoted, or to a position equivalent thereto in salary grade in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of the seniority, retirement and other rights to which uninterrupted service in the classified position would have entitled him; provided, however, that if his service in such unclassified supervisory position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter thirty-one.

M.G.L. c. 6A, § 7A Executive office of technology services and security; approval requirement for performance of information technology functions by other executive offices; transfer of information technology resources

c. 6A, § 7A. Executive office of technology services and security; approval requirement for performance of information technology functions by other executive offices; transfer of information technology resources Section 7A. The executive office of technology services and security is the commonwealth's lead information technology organization. Each executive office may perform activities concerning information technology for the executive office and its constituent agencies only to the extent such activities are approved by the executive office of technology services and security. Notwithstanding any general or special law, rule, regulation, executive order, policy or procedure to the contrary, the executive office of technology services and security, upon written notice to the affected executive office or agency, may direct the transfer of any information technology resources, including, without limitation, hardware, software, services, personnel, contracts and infrastructure related to information technology, from any executive office or any agency within any executive office to the executive office of technology services and security.

M.G.L. c. 6A, § 8A Commission on Indian affairs; membership; functions

c. 6A, § 8A. Commission on Indian affairs; membership; functions Section 8A. There shall be in the department of housing and community development a commission on Indian affairs, consisting of seven members who shall be appointed by the governor. All of the members shall be of American Indian descent and shall represent the major tribes of American Indian population located within the commonwealth. In the year nineteen hundred and ninety-three, three members shall be appointed for a term of three years, two members shall be appointed for a term of two years and two members shall be appointed for a term of one year. Thereafter, all appointments shall be for a three-year term. Said commission shall meet at least four times annually, but may meet as often as it deems necessary for the proper conduct of its affairs, and shall elect from its membership a chairman and such other officers as may be required, each to serve for a term of one year. Said commission shall investigate problems common to American Indians and persons of American Indian descent who are residents of the commonwealth. It shall assist tribal councils, Indian organizations and individuals in their relationship with agencies of state and local government, assist with social services, education, employment opportunities, health, housing problems, civil rights, legal aid, treaties, taking of a census of American Indian residents, and any other rights or services concerning American Indian residents of the commonwealth. Said commission may make recommendations to the director of housing and community development concerning programs and policies that will best serve the interest of the American Indian residents of the commonwealth. It shall make an annual report of its activities to said director and shall file a copy thereof with the clerks of the senate and house of representatives on or before the last Wednesday in January of each year. Said commission shall provide for the burial expenses, up to three hundred dollars, for the remains of any person whose previously unknown grave has been disturbed, forcing its relocation, and whose identity has been determined by the state archaeologist to be that of an American Indian.

M.G.L. c. 6A, § 8C Structurally deficient bridge improvement program coordination and oversight council; members; powers and duties; annual report; frequency of meetings

c. 6A, § 8C. Structurally deficient bridge improvement program coordination and oversight council; members; powers and duties; annual report; frequency of meetings Section 8C. (a) There shall be established a structurally deficient bridge improvement program coordination and oversight council. The council shall consist of a chair appointed by the governor, the secretary of administration and finance, the secretary of transportation, the secretary of energy and environmental affairs, the administrator of the division of highways of the Massachusetts Department of Transportation, and the commissioner of capital asset management and maintenance, or their designees. (b) the council shall coordinate and oversee the accelerated structurally deficient bridge improvement program including, without limitation:— (i) ensuring regular communication and coordination between the department of highways and the department of conservation and recreation as to their bridge development projects, programs and plans and any regulations or guidelines promulgated pursuant thereto; (ii) establishing and implementing project controls to ensure adequate tracking and reporting of program progress, cost and schedules; (iii) establishing an annual structurally deficient bridge improvement plan which shall include the number and location of bridges which shall be replaced or rehabilitated in the preceding year and the cost estimates of said replacement or rehabilitation; provided, however, that the council shall annually submit a report pursuant to this clause (iii) of subsection (b) not later than December 31st to the chairs of the house and senate committees on ways and means, the chairs of the joint committee on bonding, capital expenditures and state assets and the chairs of the joint committee on transportation; (iv) directing appropriate agencies to provide technical assistance as necessary to accomplish the objectives of the structurally deficient bridge improvement program; (v) coordinating and resolving any inconsistencies between capital investments made pursuant to the bridge improvement program and capital improvements made pursuant to the commonwealth's capital plan; and (vi) establish criteria for project selection relative to funding from the structurally deficient bridge improvement program. (c) The council shall annually, not later than December 31st, submit a report of its activities to the chairs and ranking members of the house and senate committees on ways and means, the chairs and ranking members of the joint committee on bonding, capital expenditures and state assets and the chairs and ranking members of the joint committee on transportation. (d) The council shall meet at least quarterly. The secretary of executive office of transportation shall provide personnel necessary to coordinate the activities of the council and to provide administrative support to the council, as requested.

M.G.L. c. 6A, § 14A Executive office of education

c. 6A, § 14A. Executive office of education Section 14A. Section 14A. EXECUTIVE OFFICE OF EDUCATION (a) There shall be an executive office of education, which shall include the departments of early education and care, elementary and secondary education, and higher education. (b) The executive office of education shall be under the supervision and control of a secretary of education, in this section called the secretary. The secretary shall be appointed by and serve at the pleasure of the governor, shall receive such salary as the governor determines, and shall devote full time to the duties of her office. (c) The secretary shall have the following duties and powers: (1) analyze the present and future goals, needs, and requirements of public education in the commonwealth; (2) pursuant to chapters 15A, 15D, 69, and 75, review and approve mission statements and 5–year master plans encompassing each sector of the public education system, including early education and care, elementary and secondary education, and public higher education. These mission statements and master plans shall take into account the secretary's analysis of goals, needs, and requirements and shall be designed to achieve a well coordinated system of education from early childhood through the university level and beyond; (3) approve the appointments of the commissioners of early education and care, elementary and secondary education, and higher education; (4) make recommendations to the secretary of administration and finance and the governor concerning the funding of education in the commonwealth and assist in preparing budget proposals to be put before the legislature on behalf of the boards and departments of early education and care, elementary and secondary education, and higher education; (5) serve as the governor's advisor on educational issues and represent the interests of education in the governor's cabinet; (6) serve as an ex officio voting member of the boards of early education and care, elementary and secondary education, and higher education and the board of trustees of the University of Massachusetts, and facilitate coordination and communication between and among those boards; (7) provide consolidated human resource services to the employees of the department of higher education, the department of early education and care and the department of elementary and secondary education; and (8) subject to the oversight of the executive office of technology services and security, assemble all resources necessary to implement a longitudinal data system to coordinate the collection and analysis of educational data from prekindergarten programs through higher education and oversee the departments' compliance with all standards and policies of the executive office of technology services and security. (d) The secretary may, subject to appropriation, appoint such other employees as she deems necessary to carry out her duties and responsibilities, shall be provided with adequate offices, and may expend sums for other necessary expenses of the executive office. (e) Nothing in this section shall be construed as conferring any powers upon the secretary with respect to the boards or departments of early education and care, elementary and secondary education, and higher education except as set forth in this section or as otherwise expressly provided by law.

M.G.L. c. 6A, § 16 Agencies within executive office of health and human services

c. 6A, § 16. Agencies within executive office of health and human services Section 16. The executive office of health and human services shall serve as the principal agency of the executive department for the following purposes: (a) developing, coordinating, administering and managing the health, welfare and human services operations, policies and programs; (b) supervising and managing the organization and conduct of the business affairs of the departments, commissions, offices, boards, divisions, institutions and other entities within the executive office to improve administrative efficiency and program effectiveness and to preserve fiscal resources; (c) developing and implementing effective policies, regulations and programs to assure the coordination and quality of services provided by the secretary and all of the departments, agencies, commissions, offices, boards, and divisions; (d) acting as the single state agency under section 1902(a)(5) of the Social Security Act authorized to supervise and administer the state programs under title XIX, for the programs under titles IV (A), IV (B), IV (E), XX and XXI of the Social Security Act, and for the programs under the Rehabilitation Act; and (e) maximizing federal financial participation for all agencies, departments, offices, divisions and commissions within the executive office. The executive office of health and human services shall include: (1) the department of aging and independence under the direction of a secretary of aging and independence, who shall be appointed by the governor; (2) the office of health services, which shall include the department of public health and the division of medical assistance; (3) the office of children, youth and family services, which shall include the department of children and families, the department of transitional assistance, the department of youth services, the child abuse prevention board and the office for refugees and immigrants; (4) the office of disabilities and community services, which shall include the department of developmental services, MassAbility, the Massachusetts commission for the blind and the Massachusetts commission for the deaf and hard of hearing; (5) the managed care oversight board; (6) the health facilities appeals board; and (7) the office of health equity. The governor shall appoint a secretary of health and human services, who shall serve at the pleasure of the governor and shall act as the executive officer in all matters pertaining to the administration, management, operation, regulation, planning, fiscal and policy development functions and affairs of the departments, commissions, offices, boards, divisions and other agencies within the executive office. The secretary shall have the authority to: (a) through the department of aging and independence and the division of medical assistance and other agencies within the executive office, as appropriate, operate and administer the programs of medical assistance and medical benefits under chapter 118E; provided, however, that the executive office under the direction of the secretary shall be the single state agency under section 1902(a)(5) of the Social Security Act, under Title XIX agency, for programs under titles IV(A), IV(B), IV(E), XX and XIX of the Social Security Act and for programs under the Rehabilitation Act; (b) establish certain rates of payment for health care services under section 13C of chapter 118E; (c) coordinate and supervise the administration of the executive office and its agencies to promote economy and efficiency and improve service delivery; (d) establish uniform regional and area boundaries for the agencies within the executive office; (e) establish uniform contracting and payment procedures for the executive office and its agencies; (f) develop and implement a management information system for the management of fiscal, client and program data necessary for the efficient administration of the agencies within the executive office; (g) pursuant to chapter 30A, make, amend and repeal rules and regulations for the management and administration of the executive office and agencies within the executive office, including regarding the sharing of data, including personal data, between and among the executive office and its agencies, subject to appropriate protections for the confidentiality of client data; (h) execute all instruments necessary for carrying out the business of the executive office and its agencies; (i) acquire, own, hold, dispose of, lease and encumber property in the name of the executive office and its agencies; (j) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the executive office or its agencies; (k) charge and collect fees, rentals and other charges as may be reasonable and necessary for carrying out the business of the executive office and its agencies; (1) apply for and accept funds, including grants, bequests, gifts and contributions on behalf of the commonwealth in accordance with section 6 of chapter 29B; and (m) serve as the executive and administrative head of each office, department, division, bureau, section, agency and other administrative unit within the executive office, except as specifically provided by law. The secretary may delegate any of the foregoing powers to an officer having charge of a department, office, division or other administrative unit within the executive office. The secretary of health and human services may appoint an assistant secretary for each of the following offices: health services; disabilities and community services; and children, youth and family services. The assistant secretaries shall serve at the pleasure of the secretary and shall perform such duties as the secretary shall determine. Notwithstanding any general or special law to the contrary, the secretary may appoint an individual to serve simultaneously as the commissioner of any agency within the executive office and as an assistant secretary for the offices of health services, disability and community services and children, youth and family services. If the secretary appoints an individual to serve simultaneously as a commissioner and assistant secretary, the individual shall only be compensated for service in 1 office. The secretary may appoint, consistent with sections 3 and 7, whatever personnel he deems necessary or desirable for the effective performance of the executive office. Such personnel shall perform such duties as the secretary shall determine and serve at the pleasure of the secretary. Notwithstanding any general or special law to the contrary, state agencies and direct and subcontracted providers of health-related services, including purchase-of-service providers financed from appropriation items for any state agency, shall maximize Title XIX and all other federal, state and private health insurance coverage available to offset costs to the commonwealth. The agencies or providers shall collect information from clients or from the parent or guardian of a minor receiving services necessary to determine the extent to which clients are eligible for medical assistance benefits under chapter 118E or are beneficiaries of any health insurance policy. The agencies or providers shall forward client information collected under this section to the executive office of health and human services and such data shall only be used to match against available databases for the purpose of identifying all sources of potential payment for health services or health insurance coverage. As required or permitted by federal law, the executive office of health and human services shall return the results of any such data matches to the originating agency or provider, which shall take the appropriate action to ensure that the costs to the commonwealth are minimized. Appropriate actions shall include, but not be limited to, the agency or provider billing or re-billing verified third-party sources of potential payment. The executive office of administration and finance may grant an agency or provider an exemption from this section for good cause. The executive office of health and human services and the operational services division shall review regulations, contracting forms, service delivery reports and uniform financial reporting requirements to determine what changes are necessary for the successful implementation of this section. The secretary, in consultation with the interagency child welfare task force established by section 215 of chapter 6, the commissioner of children and families and the child advocate, shall assess the commonwealth's long-term, system-wide needs for the prevention and detection of child abuse and neglect and shall coordinate and integrate responses across the agencies within the executive office. The secretary shall identify existing and potential resources, structural strengths and weaknesses, overlapping or conflicting efforts and opportunities for coordinated responses to child welfare issues. The secretary shall facilitate information sharing and policy synchronization among federal, state and local entities. Notwithstanding any general or special law to the contrary, the executive office of health and human services may request from any agency, department, division, commission, board, authority, or other public or quasi-public entity in the commonwealth, and they shall provide, any information, including personal data, as defined in section 1 of chapter 66A and data in the wage reporting system administered by the department of revenue pursuant to chapter 62E, that the executive office of health and human services determines to be necessary to make available, determine eligibility for, enroll individuals in and otherwise administer various public benefit programs authorized pursuant to chapter 118E or other programs that the executive office of health and human services may administer in accord with the Patient Protection and Affordable Care Act, Public Law 111–148, as amended from time to time, or that the executive office of health and human services determines, in its judgment, as being reasonably necessary to develop and administer a single integrated eligibility system, in conjunction with the commonwealth health insurance connector authority, through which the executive office of health and human services may make available, determine eligibility for, enroll individuals in and otherwise administer such public benefit programs, and through which the commonwealth health insurance connector authority will execute its statutory responsibilities pursuant to chapter 176Q; provided, that the provision of such information to the executive office of health and human services for such purposes is consistent with federal law. Further, notwithstanding any general or special law to the contrary, the executive office of health and human services is authorized to provide to the commonwealth health insurance connector authority any information the executive office of health and human services obtains pursuant to section 23 of chapter 118E as necessary for the commonwealth health insurance connector authority to perform its duties pursuant to chapter 176Q. Notwithstanding any general or special law, subject to appropriation, the integrated eligibility system developed by the executive office of health and human services shall allow multiple state agencies and programs to access and share data by creating data hubs and streamlining information processes. Through the integrated eligibility system, the department of housing and community development, housing authorities and state health and human services agencies and programs, including, but not limited to, transitional aid to families with dependent children, temporary assistance for needy families and MassHealth shall share and have access to the data. Said departments and programs shall share information regarding cases of fraud committed by recipients.

M.G.L. c. 6A, § 16AA Office of health equity

c. 6A, § 16AA. Office of health equity [Text of section added by 2018, 154, Sec. 7. See also, Section 16AA added by 2018, 208, Sec. 3 and Section 16AA added by 2018, 220, Sec. 1, below.] Section 16AA. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- ''Disparities'', differences in the incidence, prevalence, mortality and burden of diseases and other adverse health conditions that exist among specific racial and ethnic groups. ''Office'', the office of health equity. (b) There shall be an office of health equity within the executive office of health and human services. The office shall be under the supervision and control of a director of health equity who shall be appointed by and shall report to the secretary of health and human services. The health disparities council established in section 16O shall serve as an advisory board to the office. (c) The office shall coordinate all activities of the commonwealth to eliminate racial and ethnic health and health care disparities. The office shall set goals for the reduction of disparities and prepare an annual plan for the commonwealth to eliminate disparities. (d) The office shall collaborate with the executive offices and state agencies on disparities reduction initiatives to address the social factors that influence health inequality. The executive offices shall include, but not be limited to, the executive office of health and human services, the executive office of housing and livable communities, the executive office of public safety and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the executive office of labor and workforce development and the executive office of education. The office shall facilitate communication and partnership between these executive offices and agencies to develop greater understanding of the intersections between agency activities and health outcomes. The office shall facilitate the development of interagency initiatives to address the social and economic determinants of health disparity issues including, but not limited to: (i) health care access and quality; (ii) housing availability and quality; (iii) transportation availability, location and cost; (iv) community policing and safe spaces; (v) air, water, and land usage and quality; (vi) employment and workforce development; and (vii) education access and quality. (e) The office shall evaluate the effectiveness of programs and interventions to eliminate health disparities, identifying best practices and model programs for the commonwealth. (f) The office shall prepare an annual health disparities report. The report shall evaluate the progress of the commonwealth toward eliminating racial and ethnic health disparities using, where possible, quantifiable measures and comparative benchmarks and, where possible, shall detail such progress on a regional basis. The office shall hold public hearings in several regions of the commonwealth to gather public information on the topics of the report. The report shall be filed with the governor, the clerks of the house of representatives and senate, the members of the health disparities council and the health policy commission not later than July 1. The report shall be posted on the official website of the commonwealth. Chapter 6A: Section 16AA. Statewide program to provide remote consultations to health care providers providing care for persons experiencing chronic pain [Text of section added by 2018, 208, Sec. 3. See also Section 16AA added by 2018, 154, Sec. 7, above, and Section 16AA added by 2018, 220, Sec. 1, below.] Section 16AA. (a) Subject to appropriation, the executive office of health and human services shall develop and implement a statewide program to provide remote consultations not less than 5 days a week to primary care practices, nurse practitioners and other health care providers who are providing care for persons who are over the age of 17 and are experiencing chronic pain; provided, however, that the remote consultations shall include, but not be limited to, support for screening, diagnosis, pain management strategies, pharmacological and non-pharmacological treatments and referrals for chronic pain. (b) Expenditures by the executive office of health and human services that are for the program and related to services provided on behalf of commercially-insured clients may be assessed by the secretary of health and human services on surcharge payors, as defined in section 64 of chapter 118E. Chapter 6A: Section 16AA. Creation and maintenance of integrated state plan to address and assist in the treatment of Alzheimer's disease; advisory council on Alzheimer's disease research and treatment [Text of section added by 2018, 220, Sec. 1. See also, Section 16AA added by 2018, 154, Sec. 7 and Section 16AA added by 2018, 208, Sec. 3, above.] Section 16AA. (a) The executive office of health and human services shall develop and carry out an assessment of all state programs that address Alzheimer's disease, and shall create and maintain an integrated state plan to address and assist in the treatment of Alzheimer's disease. The state plan shall include implementation steps and recommendations for priority actions based on the assessment. The purposes of the state plan shall include, but shall not be limited to, the following: (i) accelerating the development of treatments that would prevent, halt or reverse the course of Alzheimer's disease; (ii) coordinating the health care and treatment of individuals with Alzheimer's disease; (iii) ensuring the inclusion of ethnic and racial populations who have a higher risk for Alzheimer's disease or are less likely to receive care in clinical, research and service efforts, with the goal of decreasing health disparities in the diagnosis and treatment of Alzheimer's disease; (iv) coordinating with federal agencies and programs to integrate and inform the fight against Alzheimer's disease; (v) providing information and coordination of Alzheimer's disease research and services across all state agencies; and (vi) implementing a strategy to increase the diagnostic rate for Alzheimer's disease. (b)(1) There shall be an advisory council on Alzheimer's disease research and treatment. The advisory council shall consist of: the secretary of health and human services, or a designee; the secretary of aging and independence, or a designee; the commissioner of public health, or a designee; the secretary of veterans' services, or a designee; the director of the office of Medicaid, or a designee; the house and senate chairs of the joint committee on elder affairs, or their designees; and 10 persons to be appointed by the governor, including 2 Alzheimer's disease patient advocates, 2 Alzheimer's disease caregivers, 2 health care providers, 2 researchers with Alzheimer's-related expertise in basic, translational, clinical or drug development science and 2 voluntary health association representatives, including 1 representative from a state Alzheimer's disease organization that funds research and has demonstrated experience in care and patient services and 1 representative from a state-based advocacy organization that provides services to families and professionals, including information and referral, support groups, care consultation, education and safety services. (2) The advisory council shall meet at least quarterly and shall advise the executive office of health and human services and the General Court on the development of Alzheimer's disease policy for the commonwealth. The advisory council shall work with the secretary of health and human services to determine the number of people diagnosed each year with early-onset Alzheimer's disease, regardless of age, and shall identify resources available and services needed for these individuals and associated costs. (3) Annually, not later than March 1, the advisory council shall provide a report to the executive office of health and human services and the clerks of the senate and the house of representatives which shall include: (i) information and recommendations on Alzheimer's disease policy; (ii) an evaluation of all state-funded efforts in Alzheimer's disease research, clinical care, institutional, home-based and community-based programs; (iii) the outcomes of those efforts; and (iv) any proposed updates to the state plan, which the advisory council shall review annually.

M.G.L. c. 6A, § 16B Division of Medical Assistance

c. 6A, § 16B. Division of Medical Assistance Section 16B. There shall be a division of medical assistance within the executive office of health and human services. Such division shall be in the charge of a commissioner who shall be known as the commissioner of medical assistance. The commissioner of medical assistance shall administer the provisions of chapter one hundred and eighteen E. Any agency within the executive office of health and human services engaging in any activity or implementing any policy involving the delivery of services reimbursable under chapter one hundred and eighteen E, certification or licensure of providers of services under such chapter, or identification of individuals eligible for medical assistance under such chapter, shall seek review by the commissioner of medical assistance prior to engaging in any such activity or implementing any such policy. This section shall not apply to chapter 118E medical care and assistance, other than acute care services as defined by the secretary of health and human services, to eligible persons aged 65 and over as those services shall be administered by the secretary of aging and independence pursuant to section 1 of chapter 19A.

M.G.L. c. 6A, § 16BB Statewide program to provide remote consultations to health care providers providing care for persons exhibiting symptoms of substance abuse disorder

c. 6A, § 16BB. Statewide program to provide remote consultations to health care providers providing care for persons exhibiting symptoms of substance abuse disorder Section 16BB. (a) Subject to appropriation, the executive office of health and human services shall develop and implement a statewide program to provide remote consultations available for not less than 5 days a week to primary care practices, nurse practitioners and other health care providers for persons over the age of 17 who exhibit symptoms of a substance use disorder. Consultation services shall include, but not be limited to, support of screening, diagnosis, treatment, other interventions and referrals for substance use disorder. (b) Expenditures by the executive office of health and human services that for the program are related to services provided on behalf of commercially-insured clients may be assessed by the secretary of health and human services on surcharge payors, as defined in section 64 of chapter 118E.

M.G.L. c. 6A, § 16C State or local public benefits under federal personal responsibility and work opportunity act

c. 6A, § 16C. State or local public benefits under federal personal responsibility and work opportunity act Section 16C. Notwithstanding the provisions of any general or special law to the contrary, to the maximum extent allowed by federal law, the commonwealth, including any department, board, commission, division or authority or subdivision thereof, may, subject to appropriation, provide state or local public benefits within the meaning of section 411(c) of the federal Personal Responsibility and Work Opportunity Act to any person, whether or not such person is a citizen or is a qualified alien within the meaning of section 431 of said Personal Responsibility and Work Opportunity Act, 8 U.S.C. section 1641, but only to the extent that such person otherwise satisfies the applicable criteria for such benefits.

M.G.L. c. 6A, § 16CC Establishment of a statewide long term care ombudsman office to advocate on behalf of residents; purpose; rights, powers and duties

c. 6A, § 16CC. Establishment of a statewide long term care ombudsman office to advocate on behalf of residents; purpose; rights, powers and duties Section 16CC. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise:- ''Act'', an action or decision made by an owner, employee or agent of a long term care facility or assisted living residence or by a government agency or a condition within a long term care facility or assisted living residence that affects the service to a resident. ''Administrative action'', an action taken to resolve issues through negotiation and mediation with a long term care facility or assisted living residence. ''Assisted living residence'', an entity that meets the requirements of chapter 19D and is subject to certification by the department of aging and independence. ''Designee'', staff of the long term care ombudsman or a member of a designated local long term care ombudsman program, whether on a compensated or volunteer basis. ''Long term care facility'', a facility subject to licensure by the department of public health under section 71 of chapter 111. ''Resident'', a person receiving treatment or care in a long term care facility or assisted living residence; provided, however, that treatment or care shall include, but not be limited to, application or admission, retention, confinement, commitment, period of residence, transfer, discharge and instances directly related to such status. (b) The secretary of health and human services shall, subject to appropriation or the receipt of federal funds, establish a statewide long term care ombudsman office to advocate on behalf of residents. The statewide long term care ombudsman office shall receive, investigate and resolve through administrative action complaints filed by residents, individuals acting on the behalf of residents or any individual organization or government agency that has reason to believe a long term care facility or assisted living residence, organization or government agency has engaged in activities, practices or omissions that violate applicable statutes or regulations or may have an adverse effect upon the health, safety, welfare or rights of residents of such long term care facilities or assisted living residences. The secretary of health and human services shall appoint an ombudsman to act as the director of the ombudsman office. The ombudsman shall be a person qualified by training and experience to perform the duties of the office. The ombudsman shall not be subject to section 9A of chapter 30 or chapter 31. (c) The ombudsman or a designee shall be permitted access to any consenting individual resident at any time that the ombudsman deems reasonable and necessary; provided, however, that there is neither a commercial purpose nor effect to the access; provided further, that the purpose of the access is to: (i) visit, talk with or make personal, social or legal services available to a resident; (ii) inform a resident of their rights and entitlements and their corresponding obligations under federal and state law by means of educational materials or discussion in groups or with an individual resident; (iii) assist a resident in asserting their legal rights regarding claims for public assistance, medical assistance or social security benefits, or assist a resident in action against an agency responsible for such programs, or assist in any other matter in which a resident is aggrieved, which may include but not be limited to advising litigation; or (iv) engage in other methods of assisting, advising or representing a resident so as to extend to them full enjoyment of their rights. Upon entering a long term care facility or assisted living residence, the ombudsman or designee shall notify the long term care facility or assisted living residence staff of their presence and, upon request, shall produce identification. Prior to entering the room of an individual resident, the ombudsman or designee shall identify themselves and explain the purpose of the visit. The ombudsman or designee shall have the right to visit privately with the resident if the resident has given permission for the visit. The ombudsman or designee shall respect the confidentiality of communications and shall not photograph, film, videotape or audiotape the resident without consent. The long term care facility or assisted living residence shall not release information in a resident's medical record to the ombudsman or designee without consent of the resident or resident's representative. (d) The ombudsman or designee shall have the right of entry into long term care facilities and assisted living residences at any time that the ombudsman deems reasonable and necessary to: (i) investigate or resolve through administrative action complaints made by residents or on their behalf; (ii) interview residents, with their consent, in private; (iii) offer the services of the ombudsman or designee to any resident, in private; (iv) interview employees or agents of the long term care facility or assisted living residence; (v) consult regularly with the long term care facility or assisted living residence administration; or (vi) provide services authorized by law or by regulation. The ombudsman or designee shall have access to a resident's records, with consent of the resident or the resident's representative, and to records of any public agency that are necessary to the duties of the statewide long term care ombudsman office, including records on patient abuse complaints. The ombudsman or designee shall have access to the resident's records without the resident's written authorization if: (i) the ombudsman or designee reasonably believes that a complaint situation exists that may only be resolved by the inspection of the resident's personal, financial or medical records; and (ii)(A) the resident has no representative and lacks the capacity to give consent; or (B) the ombudsman has reason to believe that the resident's representative is not acting in the best interest of the resident. (e) The ombudsman shall establish procedures to protect the confidentiality of residents' records and files. The procedures shall provide that: (i) information or records maintained by the statewide long term care ombudsman office shall not be disclosed unless the ombudsman or a designee authorizes the disclosure; and (ii) the ombudsman or designee shall not disclose the identity of any complainant or resident involved in any complaint unless the complainant or resident or a representative of the complainant or resident provides consent in writing or through the use of any necessary ancillary aids or services or communicates the consent orally or visually, the consent is documented to allow such disclosure and the consent specifies to whom the identity may be disclosed or a court orders such disclosure. The ombudsman or designee may initiate an investigation of any long term care facility or assisted living residence in the absence of a specific complaint. If the ombudsman or designee determines that an act of any long term care facility or assisted living residence may adversely affect the health, safety, welfare or rights of a resident, the ombudsman or designee shall make specific recommendations for the elimination or correction of the act. If the ombudsman or designee determines that an act of any long term care facility or assisted living residence may violate an applicable federal or state law, the ombudsman may report their findings and conclusions to the regulatory agency that has jurisdiction to enforce the law and to the office of the attorney general. Within a reasonable period of time after the completion of an investigation, the ombudsman may notify the long term care facility or assisted living residence of the findings. The ombudsman or a designee may notify the attorney general, the department of aging and independence and the department of public health following the receipt of an oral or written report or complaint that: (i) a resident of a long term care facility has been subjected to abuse, misappropriation of patient or resident property, mistreatment or neglect as defined in section 72F of chapter 111; or (ii) if a resident of an assisted living residence has been subjected to abuse, neglect or financial exploitation in violation of the sponsor's covenant under section 14 of chapter 19D. (f) The ombudsman may contract with a local entity to host a local ombudsman program and provide designated staff to act on behalf of the ombudsman in the receipt, investigation and resolution through administrative action of complaints. The ombudsman may contract with any public agency or private nonprofit organization to act on behalf of the ombudsman in the receipt, investigation and resolution through administrative action of complaints; provided, however, that the ombudsman shall not contract with an agency or organization that is responsible for licensing or certifying long term care facilities or assisted living residences or an association or an affiliate or agent of an association of long term care facilities or assisted living residences. Such a designee shall operate in compliance with any rules or regulations established by the ombudsman for the implementation of the ombudsman program. The ombudsman shall carry out the responsibilities of the local program in any area where a local ombudsman program has not been established. The ombudsman shall, to the extent practicable, contract with agencies and organizations that agree to carry out such responsibilities on a volunteer basis. (g) The ombudsman shall: (i) establish and conduct a training program for persons employed by or associated with the ombudsman or any designated local ombudsman program who perform the duties and responsibilities under subsection (e) regarding the receipt, investigation and resolution through administrative action of complaints and certify such persons upon satisfactory completion of such training programs; (ii) provide information to public agencies regarding the problems of residents in long term care facilities and assisted living residences; (iii) ensure that complete records are maintained of complaints received, investigations initiated, actions taken and findings and recommendations in response to such complaints, investigations or other actions, including the facilities' responses; (iv) maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long term care facilities and assisted living residences to identify and resolve significant problems; (v) carry out other activities consistent with the requirements of 42 U.S.C. 3024(a)(12); (vi) ensure the program operates in compliance with 42 U.S.C. 3001 et seq. and federal regulations; (vii) represent the interests of the residents before governmental agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents; and (viii) analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of the residents, with respect to the adequacy of services provided by long term care facilities and assisted living residences. (h) The ombudsman, a designee and any employee of a designated local ombudsman program working directly for such designee, whether on a compensated or volunteer basis, shall not be liable in any civil or criminal action by reason of the good faith performance of official duties. A person shall not willfully interfere with a representative of the ombudsman office in the good faith performance of official duties. If such willful interference occurs, the ombudsman may petition the superior court department to enjoin such interference and grant appropriate relief. A long term care facility, assisted living residence or other entity shall not retaliate against any resident or employee of such facility, residence or entity who in good faith filed a complaint with, or provided information to, the ombudsman or designee. A long term care facility or assisted living residence that retaliates against a resident or employee for filing a complaint with, or having provided information to, the ombudsman or designee, shall be liable to the person so retaliated against by a civil action for up to treble damages, costs and attorney's fees. (i) Annually, not later than October 31, the ombudsman shall file a report on the activities of the long term care ombudsman office and the ombudsman's recommendation concerning long term care facilities, assisted living residences and the protection of the rights of residents. The report shall be filed with the executive office of health and human services, the division of health care facility licensure and certification in the department of public health, the assisted living certification unit at the department of aging and independence, the clerks of the senate and the house of representatives and the joint committee on elder affairs and be made available on the executive office of health and human services' public website. (j) The ombudsman shall promulgate regulations to implement this section.

M.G.L. c. 6A, § 16D Managed care oversight board; advisory committee

c. 6A, § 16D. Managed care oversight board; advisory committee Section 16D. (a) The managed care oversight board is hereby established within, but not subject to the control of, the executive office of health and human services. The board shall consist of the following members: the secretary of said office, the commissioner of insurance, the commissioner of public health, the commissioner of the department of mental health, the commissioner of medical assistance, the executive director of the group insurance commission, the director of consumer affairs and business regulation, a physician member of the board of registration in medicine to be appointed by the governor, and the secretary of administration and finance. The board shall be chaired by the secretary of health and human services. Each such member may appoint a designee to serve in the member's place. (b) The board shall appoint an executive director to oversee and coordinate the activities of the board. The board shall be assisted in its duties by the office, which shall provide technical, technological, operational and administrative support. The expenses of the board shall be funded from amounts appropriated from the general fund or any other fiscal resource of the commonwealth designated for such purpose. (c) The board shall have oversight authority over the office of patient protection within the health policy commission established by section 16 of chapter 6D, and the managed care bureau in the division of insurance established by section 2 of chapter 176O, but the board's authority in this regard shall be limited to coordinating functions between said office and said bureau and reviewing and commenting upon regulations promulgated by said office and said bureau. The board shall not have authority to approve or disapprove such regulations except to the extent of a conflict between the regulations promulgated or proposed or any actions undertaken by said office and said bureau. The board shall take all necessary steps to coordinate the functions of said office and said bureau in order to avoid, to the maximum extent possible, redundancy and duplication of effort. (d) There is hereby established an advisory committee to advise the board on issues relating to managed care practices including, but not limited to, issues involving health care cost, quality and access. Said committee shall also have the right to review and comment upon all rules, regulations and guidelines issued by the office of patient protection and the managed care bureau at least 60 days before the date such regulations become final, but in the case of emergency regulations the time period shall be a reasonable time under the circumstances as determined by the secretary of health and human services. Said committee shall designate one person to serve as a liaison to the managed care oversight board. The committee shall consist of one person who shall represent Health Care for All; one person who shall represent the Massachusetts Medical Society; one person who shall represent the Massachusetts Association of Health Maintenance Organizations; one person who shall represent Blue Cross Blue Shield of Massachusetts, one person who shall represent the Associated Industries of Massachusetts; one person who shall represent the Massachusetts Nurses Association; one person who shall represent the Massachusetts Hospital Association; one person who shall represent the Ad Hoc Committee to Defend Health Care; and seven members to be appointed by the board, one of whom shall represent a mental health consumer advocacy organization; one of whom shall represent a senior citizen organization; one of whom shall represent an organization representing the disabled and chronically ill; one of whom shall represent community health centers; one of whom shall represent the Massachusetts Healthcare purchaser group; one of whom shall represent the Life Insurance Association of Massachusetts; and one of whom shall represent a utilization review organization not otherwise represented. Said committee shall elect a chair from among its members and adopt bylaws for its proceedings.

M.G.L. c. 6A, § 16DD Office of behavioral health promotion

c. 6A, § 16DD. Office of behavioral health promotion Section 16DD. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- ''Office'', the office of behavioral health promotion. ''Secretary'', the secretary of health and human services. (b) There shall be an office of behavioral health promotion within the executive office of health and human services. The office shall be under the supervision and control of a director of behavioral health promotion who shall be appointed by and shall report to the secretary. The commission on community behavioral health promotion established in section 219 of chapter 6 shall serve as an advisory board to the office. (c) The office shall facilitate the coordination of all executive office, state agency, independent agency and state commission activities that promote behavioral health and wellness. The office shall set goals for the promotion of services and programming for behavioral health and substance use conditions. The office shall, in collaboration with the office of health equity established under section 16AA, fully integrate health equity principles and apply a health equity framework to all its duties and obligations. The office shall prepare and implement an annual plan for the promotion of behavioral health. (d) The office shall collaborate with the executive offices and state agencies on behavioral health promotion. The executive offices and agencies shall include, but not be limited to: the executive office of health and human services, the executive office of education, the executive office of aging and independence, the department of mental health, the department of public health, the department of children and families, department of youth services, the executive office of veterans' services, the department of early education and care, the department of elementary and secondary education, the office for refugees and immigrants, the office of health equity, the office of the child advocate and any other relevant office, agency or commission. The office shall facilitate communication and partnership between relevant entities to develop and promote understanding of the intersections between entity activities and behavioral health promotion. (e) The office shall: (i) facilitate the development of interagency initiatives that: (A) are informed by the science of promotion and prevention; (B) advance health equity and trauma-informed care; and (C) address the social determinants of health; (ii) develop and implement a comprehensive plan to strengthen community and state-level promotion programming and infrastructure through training, technical assistance, resource development and dissemination and other initiatives; (iii) advance the identification and dissemination of evidence-based or evidence-informed practices designed to further promote behavioral health and the provision of supportive behavioral health services and programming to address substance use conditions and sequelae and to prevent violence through trauma-specific intervention and rehabilitation; (iv) collect and analyze data measuring population-based indicators of behavioral health from existing data sources, track changes over time and make programming and policy recommendations to address the needs of populations at greatest risk; (v) coordinate behavioral health promotion and wellness programs, campaigns and initiatives; (vi) provide staffing support for the commission on community behavioral health promotion established in section 219 of chapter 6; (vii) ascertain the behavioral health needs of veterans, including but not limited to an examination of: (A) the extent to which veterans seek, receive or are required to participate in behavioral health screening and treatment, if known; (B) barriers to veterans receiving or participating in behavioral health screening and treatment; (C) current programs and best practices to incentivize and support veterans to seek, receive and participate in behavioral health screening and treatment; and (D) any recommendations for improving access to and participation in behavioral health screening and treatment by veterans; (viii) examine: (A) the extent to which municipal and state police, firefighters and public safety personnel seek, receive or are required to participate in behavioral health screening and treatment, if known; (B) barriers to municipal and state police, firefighters and public safety personnel receiving or participating in behavioral health screening and treatment; (C) current programs and best practices to incentivize and support municipal and state police, firefighters and public safety personnel to seek, receive and participate in behavioral health screening and treatment; and (D) any recommendations for improving access to and participation in behavioral health screening and treatment by municipal and state police, firefighters and public safety personnel; (ix) establish a statewide evidence-based or evidence-informed education and awareness initiative to: (A) identify and disseminate best practices for preventing suicide and improving the behavioral health, mental wellness and resiliency among health care professionals; (B) encourage health care professionals to seek behavioral health support and care; (C) help such professionals identify risk factors associated with suicide and behavioral health crisis and to help such professionals learn how best to respond to such risks; (x) convene a student stakeholder advisory committee on mental health to work in collaboration with the department of elementary and secondary education to develop and implement school-based programs that promote student mental health and wellbeing, including but not limited to: (A) addressing and eliminating the stigma associated with mental health conditions and substance use disorder; (B) recognizing the signs and symptoms of mental health conditions; (C) addressing cyberbullying; (D) preventing and responding to student suicide and suicidal ideation, including actions involving self-harm; (E) promoting positive coping behaviors and helping students avoid behaviors that can cause harm to students; and (F) promoting mental health treatment and recovery; provided, however, that no less than 1/3 of the committee members shall be secondary school students; provided further, that the committee shall submit an annual report by June 30 with its findings and recommendations, including any legislative or regulatory changes that may be necessary, to the office, which shall provide such report to the clerks of the house of representatives and the senate, the joint committee on mental health, substance use and recovery, the joint committee on health care financing, the joint committee on education and, the house and senate committees on ways and means; (xi) address the stigma associated with seeking behavioral health services; and (xii) analyze and address any other issues pertaining to behavioral health promotion as deemed relevant by the office or the secretary. The office may enter into service agreements with the department of mental health or the department of public health to fulfill the obligations of the office. (f) The office shall evaluate the effectiveness of programs and interventions to promote behavioral health and wellness, identifying best practices and model programs for the commonwealth. (g) Annually, not later than July 1, the office shall report on its progress, and the overall progress of the commonwealth, toward promoting behavioral health and wellness and preventing substance use and violence using, when possible, quantifiable measures and comparative benchmarks, including a description of quantitative and qualitative metrics used to evaluate the office's activities and outcomes of the office's initiatives. The report shall be filed with the governor, the clerks of the senate and house of representatives and the joint committee on mental health, substance use and recovery. The report shall be posted on the official website of the commonwealth.

M.G.L. c. 6A, § 16EE 988 crisis hotline centers; 988 commission

c. 6A, § 16EE. 988 crisis hotline centers; 988 commission Section 16EE. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise: ''Community behavioral health centers'', organizations that are designated by the executive office of health and human services, licensed clinics that hold a contract with the department of mental health to provide community-based mental health services and other licensed clinics designated by the department of public health. ''Community crisis stabilization program'', a program providing crisis stabilization services with the capacity for diagnosis, initial management, observation, crisis stabilization and follow-up referral services to all persons in a home-like environment, including, but not limited to, emergency service providers and restoration centers. (b) The secretary of health and human services shall designate at least 1 988 crisis hotline center that shall operate 24 hours a day, 7 days a week to provide crisis intervention services and crisis care coordination to individuals accessing the federally-designated 988 suicide prevention and behavioral health crisis hotline. (c) A 988 crisis hotline center shall: (i) meet the United States Department of Health and Human Services' Ambulatory Behavioral Health System standards and the National Suicide Prevention Lifeline requirements and best practices guidelines for operational and clinical standards; (ii) provide data, report and participate in evaluations and related quality improvement activities as required by the United States Department of Health and Human Services; (iii) utilize technology, including, but not limited to, chat and text capabilities, that is interoperable between and across crisis and emergency response systems and services, including 911 and 211, as necessary; (iv) have the authority to deploy crisis and outgoing services, including mobile behavioral health crisis responders, and coordinate access to crisis triage, evaluation and counseling services, community crisis stabilization programs or other resources as appropriate; (v) maintain standing partnership agreements with community behavioral health centers and other behavioral health programs and facilities, including programs led by individuals who are or were consumers of mental health or substance use disorder supports or services; (vi) coordinate access to crisis evaluation, counseling, receiving and stabilization services for individuals accessing the 988 suicide prevention and behavioral health crisis hotline through appropriate information sharing regarding availability of services; (vii) have the capability to serve high-risk and specialized populations including, but not limited to, people with co-occurring substance use and mental health conditions and people with autism spectrum disorders or intellectual or developmental disabilities; (viii) have the capability to serve people of diverse races, ethnicities, ages, sexual orientations and gender identities with linguistically and culturally competent care; (ix) have the capability to provide crisis and outgoing services within a reasonable time period in all geographic areas of the commonwealth; and (x) provide follow-up services to individuals accessing the 988 suicide prevention and behavioral health crisis hotline. (d)(1) There shall be a state 988 commission within the executive office of health and human services to provide ongoing strategic oversight and guidance in all matters regarding 988 service in the commonwealth. (2) The commission shall review national guidelines and best practices and make recommendations for implementation of a statewide 988 suicide prevention and behavioral health crisis system, including any legislative or regulatory changes that may be necessary for 988 implementation and recommendations for funding that may include the establishment of user fees. The commission shall also advise on promoting the 988 number including, but not limited to, recommendations for including information about calling 988 on student identification cards and on signage in locations where there have been known suicide attempts. (3) The commission shall consist of: the secretary of health and human services or the secretary's designee, who shall serve as chair; the secretary of public safety and security or the secretary's designee; the commissioner of mental health or the commissioner's designee; the commissioner of public health or the commissioner's designee; the executive director of the Massachusetts Behavioral Health Partnership or the executive director's designee; the executive director of the state 911 department or the executive director's designee; the executive director of Mass 2–1–1 or the executive director's designee; a representative designated by the Massachusetts Chapter of the National Association of Social Workers, Inc.; a 911 dispatcher designated by the Massachusetts Chiefs of Police Association Incorporated; an emergency medical technician or first responder nominated by the Massachusetts Ambulance Association, Incorporated; and the following members to be appointed by the chair: 1 representative from an emergency service provider, nominated by the Association for Behavioral Healthcare, Inc.; 1 representative from the Association for Behavioral Healthcare, Inc.; 1 representative from a suicide prevention hotline in the commonwealth, nominated by the Samaritans, Inc.; 1 representative from the Riverside Community Care, Inc. MassSupport program; 1 representative from the Massachusetts Coalition for Suicide Prevention; 1 representative from the Children's Mental Health Campaign; 1 representative from the INTERFACE Referral Service at William James College, Inc.; 1 representative from the National Alliance on Mental Illness of Massachusetts, Inc.; 1 representative from the Parent/Professional Advocacy League, Inc.; 1 representative from the Massachusetts Association for Mental Health, Inc.; 1 representative from the Boston branch of the National Association for the Advancement of Colored People; 1 representative from the American Civil Liberties Union of Massachusetts, Inc.; 1 representative from the mental health legal advisors committee; and 3 persons who are or have been consumers of mental health or substance use disorder supports or services. Every reasonable effort shall be made to ensure representation from all geographic areas of the commonwealth. (4) Annually, not later than March 1, the commission shall submit its findings and recommendations to the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery and the joint committee on health care financing.

M.G.L. c. 6A, § 16F Support to individuals with disabilities and their families

c. 6A, § 16F. Support to individuals with disabilities and their families Section 16F. As used in this section, the following words shall have the following meanings:— (a) ''Community services'', services that are available to the general population. ''Department'', the Massachusetts commission for the blind, the Massachusetts commission for the deaf and hard of hearing, the department of mental health, the department of developmental services, the department of public health, the division of medical assistance and MassAbility. ''Family'', a person with a disability or chronic illness and the parents, relatives or guardians who have assumed responsibility for caring for that person indefinitely, excluding professional service providers who are unrelated to the person. ''Flexible supports'', support services, subject to appropriation and consistent with each department's authority and mandate for serving people with disabilities and chronic illnesses, may include, but not be limited to: (1) coordination and facilitation of support services; (2) counseling and information; (3) facilitation of self-help groups; (4) home adaptations; (5) assistive technology devices and services and support services to facilitate full communication and language access; (6) financial assistance; (7) assistance in caregiving including: respite, day care, after school care and personal care or personal care surrogacy, when necessary; (8) adaptive equipment and clothing; (9) medical services; (10) transportation, including vehicle modification; (11) recreation and leisure activities; (12) life planning; (13) special dietary supplements and medical equipment and maintenance; (14) mental health treatment; and (15) advocacy training. ''Substantial consultation'', may include, but shall not be limited to, the following activities: meetings and discussions with persons with disabilities and chronic illnesses and their families to determine their needs and concerns; public hearings to review draft individual and family support plans developed in response to this section to be held with adequate public notice on a regional basis throughout the commonwealth not less than 90 days prior to the scheduled date of plan submission; issuance of a draft plan sufficiently in advance of a hearing to permit the submission of written comments; public availability of written comments within each region not less than 60 days in advance of the plan submission date. (b) Each department, after substantial consultation with individuals with disabilities and their families, the departments' statewide or regional advisory councils subject to appropriation, shall annually prepare an individual and family support plan that shall explain how the department intends to provide flexible supports to families and individuals. The plans shall be submitted to the governor, the secretary of health and human services, the joint committee on human services and elderly affairs and the house and senate committees on ways and means. Each department shall set forth its own plan, subject to appropriation, for coordinating, enhancing and expanding individual and family supports during the fiscal year. Each department shall seek creative and innovative ways, within its existing authority and mandate for serving individuals with disabilities and chronic illnesses, to provide flexible supports. The plan shall include, but not be limited to, the following goals: (1) to develop interagency collaboration and public and private partnerships in order to: increase access to services; coordinate resources and referrals; pool funds to better support those with multiple disabilities; and provide technical assistance, training and outreach to consumers, specialized providers and community service providers about the philosophy and goals of individual and family support plans and progress toward those goals; (2) to create opportunities for individuals with disabilities and their families for oversight of, and input into, the direction and development of policies and programs involving support services funded by the departments' local, regional and central offices and their vendor agencies; (3) to specify long and short-term objectives and strategies for implementing accessible and flexible supports for individuals with disabilities or chronic illnesses and their families and to review progress toward long and short-term objectives specified in the previous plan. Long-term strategies should span multiple years and the range of years shall parallel the department's usual short and long-term planning patterns; (4) to identify family support resources that shall be used to achieve goals and objectives specified in the plan and to analyze the current flexibility of departmental funding mechanisms in order to identify any adjustments needed to more adequately provide family supports for those families prioritized for funding within the guidelines of each department mandate; (5) to enable the full participation of individuals with disabilities or chronic illnesses and their families in community life in a way that maintains respect and sensitivity to choices made by all cultures; (6) to expand the capacity of community services to include persons with disabilities or chronic illnesses by training and educating community service providers; and (7) to empower consumers and ensure their active leadership and advocacy through opportunities for education, leadership development and training.

M.G.L. c. 6A, § 16FF Statewide program to assist in implementing behavior health services and supports in school districts

c. 6A, § 16FF. Statewide program to assist in implementing behavior health services and supports in school districts Section 16FF. (a) Subject to appropriation, the executive office of health and human services, in coordination with the department of elementary and secondary education, shall develop and implement a statewide program to assist in implementing behavioral health services and supports in each school district which shall include, but not be limited to, consultation, coaching and technical assistance. (b) The program shall provide web-based, in-person and remote supports to administrators, teachers and school behavioral health staff related to planning, administering and managing behavioral health promotion, prevention and intervention services and supports, including: (i) engagement of families and guardians, with a focus on ensuring equitable, linguistically-competent, culturally-competent and developmentally appropriate responses, and (ii) access to services. (c) The executive office, in consultation with the department of elementary and secondary education, shall establish a central base of operations within the University of Massachusetts, as well as regional sites, to carry out the program; provided, that there shall be a preference for existing locations providing similar services, such as the state center on child wellbeing and trauma within the University of Massachusetts medical school and the Behavioral Health Integrated Resources for Children Project within the University of Massachusetts at Boston.

M.G.L. c. 6A, § 16G Executive office of housing and economic development

c. 6A, § 16G. Executive office of housing and economic development Section 16G. (a) In the executive office of economic development, there shall be the Massachusetts office of business development, the Massachusetts office of consumer affairs and business regulation, the Massachusetts marketing partnership and the agencies within the said partnership, and such additional divisions, offices or departments as the secretary shall establish for the efficient operation of the executive office. Subject to appropriation, the departments shall be provided with offices in Boston and elsewhere as may be approved by the governor and may expend sums for necessary expenses of those departments. The executive office may accept gifts or grants of money or property whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the departments in the discharge of their duties. (b) The following divisions and agencies shall be within the department of consumer affairs and business regulation: the division of banks, the division of insurance, the division of standards, the division of occupational licensure, and the department of telecommunications and cable. (c) The secretary of economic development shall be appointed by the governor and shall be a person of skill and experience in the field of economic development. The secretary shall serve at the pleasure of the governor, shall receive such salary as the governor shall determine and shall devote full time to the duties of the office. In the case of a vacancy in the office of the secretary or in the case of a disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve until the vacancy is filled or the absence or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have like qualifications. [There are no subsections (d) to (g).] (h) The secretary shall appoint a director for each department within the executive office. Any such director and any inspectors and other full-time employees appointed shall devote their full time during business hours to the duties of their offices and shall not engage in other employment or business activities during business hours. In accordance with the provisions of chapter 30A, and with the advice of the directors of the various departments, the secretary shall promulgate regulations with respect to the departments under the secretariat's control. (i) The secretary shall, subject to appropriation, establish within the executive office an office of performance management and oversight to improve the effectiveness of the economic development efforts of the commonwealth. The secretary shall appoint a director of said office who shall have economic development experience in the public or private sector. The director shall establish performance metrics for the public and quasi-public agencies within the executive office or subject to section 56 of chapter 23A, and any regional economic development organization or other private organizations under contract with the commonwealth to perform economic development services, as the secretary shall determine. In developing or revising these performance metrics, the director may from time to time seek out private sector advice and models that can be adapted to the needs of the commonwealth. The secretary shall require each agency or organization reporting to the office to submit an annual plan, including the goals, programs and initiatives for the forthcoming year, and an evaluation of the performance on the goals, programs and initiatives outlined in the preceding year's plan. Such reports shall be in a form directed by the director and shall incorporate such performance metrics as the director shall establish. (j) The director shall prepare an annual report on the progress the agencies or organizations reporting to the office are making towards achieving stated goals in their annual plan. The annual report shall be made available to the public not later than December 31 and shall be published on the official website of the commonwealth and shall be forwarded to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on economic development and emerging technologies. (k) The secretary shall, subject to appropriation, establish in the executive office an office of planning and research to compile data, conduct analyses and perform other planning and research as the secretary shall deem appropriate to assist workers and businesses and to assist departments within the executive office in carrying out their missions. The office shall prepare and periodically update a statistical and economic profile of the state and its regions. A copy of said data book shall be made available on a website maintained by the executive office. The secretary may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the office in the discharge of its duties. Nothing in this section shall confer any powers or impose any duties upon the secretary with respect to the foregoing agencies except as expressly provided by law. (l) During the first year of each new gubernatorial administration, the governor shall convene an economic development planning council consisting of no fewer than 13 members: 1 of whom shall be the secretary of economic development, who shall serve as chair; 1 of whom shall be the secretary of housing and livable communities; 1 of whom shall be the secretary of administration and finance; 1 of whom shall be the secretary of labor and workforce development; 1 of whom shall be the secretary of energy and environmental affairs; 1 of whom shall be the secretary of transportation; 1 of whom shall be appointed by speaker of the house of representatives; 1 of whom shall be appointed by the president of the senate; and 5 of whom shall be appointed by the governor: 1 of whom shall be the president of the University of Massachusetts or a president from a community college, 1 of whom shall be a representative from Associated Industries of Massachusetts, 1 of whom shall be a representative from the Massachusetts municipal association, 1 of whom shall be a representative from a chamber of commerce, and 1 of whom shall be from a venture capital firm with a principal place of business in the commonwealth. The governor may also appoint additional members of regional and local economic development groups and members of the business community to serve on the council. Members of the council shall serve for a term of 1 year or until an economic development policy has been approved by the governor under this section. The secretary of economic development, with the assistance of economic development planning council appointed under this section, shall develop and implement a written comprehensive economic development policy for the commonwealth and a strategic plan for implementing the policy. The policy shall set long term goals and measurable benchmarks which are not limited to a particular gubernatorial administration and shall give consideration to any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan shall include any major economic development initiatives and programs of the secretariat and any agencies subject to this section. In developing the policy, the council shall review the published economic development policy and plan in effect at the commencement of the governor's term of office and may hold public hearings throughout the commonwealth. Once the policy and plan have been adopted by the secretary and the council, the council shall submit the policy and plan to the clerks of the senate and house of representatives and the joint committee on economic development and emerging technologies. The committee shall conduct a public hearing on the policy and plan prior to final approval by the governor. The approved policy and plan shall be published in writing and on the official website of the commonwealth not later than December 31 of that year. The economic development planning council shall organize a yearly economic development summit. The summit shall be a forum for discussion of the following:— (i) major economic development initiatives of the administration; (ii) updates from regional workforce development councils; and (iii) any industry-specific policy concerns or initiatives. (m) Every 4 years, the secretary of economic development, in consultation with the secretary of energy and environmental affairs shall prepare a report that evaluates the status of the commercial fishing industry and includes recommendations for appropriate actions to be taken to maintain and revitalize the commercial fishing, shellfish and seafood industry. In carrying out this requirement, the secretaries may, and are encouraged to, seek the laboratory, technical, education and research skills and facilities of public institutions of higher education. (n) There shall be a Designated Port Area Fund within the executive office of economic development. The executive office shall adopt guidelines that are necessary to implement the program. The executive office shall consult with the Massachusetts Department of Transportation in the development of guidelines and may coordinate with other agencies, community development organizations and instrumentalities of the commonwealth to effectuate this section. Money in or received for the fund may be deposited with and invested by an institution designated by the secretary of economic development. A return on an investment received by the fund shall be deposited and held for the use and benefit of the fund. The executive office may make payments from a deposit account for use under this section. The executive office shall use the fund to make grants, loans or a combination thereof for the design, construction, repair, renovation, rehabilitation, or other capital improvements of existing commercial and marine industrial infrastructure and public maritime transportation infrastructure in designated port areas. In making a loan, the executive office shall consider: (i) the impacts on future economic growth, commercial and industrial development and wastewater and wastewater pretreatment within the designated port area and on the commercial fishing industry; (ii) the attendant economic benefits to the commonwealth; and (iii) the benefits to the commonwealth's transportation system including the benefits derived from enhancing intermodal connections from the seaports to road, rail and air facilities. In years when expenditures are made from the fund, the executive office shall submit a report to the clerks of the house of representatives and the senate, who shall forward the report to the chairs of the senate and house committees on ways and means, the chairs of the senate and house committees on rules and the senate and house chairs of the joint committee on economic development and emerging technologies on or before December 31. The report shall include a current assessment of the progress of each project funded through the program.

M.G.L. c. 6A, § 16G1/2 Executive office of housing and livable communities; secretary; bureaus, divisions, and offices; policy guidance for certain public instrumentalities

c. 6A, § 16G1/2. Executive office of housing and livable communities; secretary; bureaus, divisions, and offices; policy guidance for certain public instrumentalities Section 16G1/2. (a) There shall be an executive office of housing and livable communities, which shall be under the supervision and control of a secretary for housing and livable communities. The secretary shall be appointed by the governor, as provided pursuant to section 3. The secretary shall be the executive and administrative head of the executive office, shall otherwise have all of the powers and duties provided by sections 3 to 7, inclusive, and shall be responsible for administering and enforcing the provisions of law relative to the executive office and to each administrative unit thereof, except as provided in subsection (c); provided, however, that the secretary may authorize any officer within the executive office to exercise in the secretary's name any power or discharge any duty assigned to the secretary by law, and may at any time revoke such authority. (b) The secretary may establish such bureaus, divisions, and offices within the executive office as are necessary for its efficient operation. Such divisions shall be under the charge of an undersecretary or department head who shall be appointed and may be removed by the secretary and who shall be subject to the direction, control and supervision of the secretary or an undersecretary as determined by the secretary. Each undersecretary or department head shall be a person of skill and experience in the field of their appointment, shall devote full time to the duties of the office. Appointments as undersecretary or department head shall not be subject to the provisions of section 9A of chapter 30 or chapter 31. In accordance with the provisions of chapter 30A, the secretary may promulgate regulations with respect to the divisions under the secretariat's control. (c) There shall also be within the executive office the Massachusetts Housing Finance Agency, the Massachusetts Housing Partnership, the Community Economic Development Assistance Corporation, the manufactured homes commission, the commission of Indian affairs, and the American and Canadian French Cultural Exchange Commission. The executive office shall provide general policy guidance for these public instrumentalities, but shall not exercise any supervision or control with respect to such instrumentalities, except to the extent otherwise provided by law.

M.G.L. c. 6A, § 16GG Program to award grants to eligible entities to address mental health conditions and substance use disorders for perinatal individuals

c. 6A, § 16GG. Program to award grants to eligible entities to address mental health conditions and substance use disorders for perinatal individuals Section 16GG. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Eligible entity'', a non-profit or community-based organization or health center serving perinatal individuals including, but not limited to: (i) a recognized Indian tribe or tribal organization; (ii) an organization serving individuals from medically underserved populations and other underserved populations; and (iii) a public health agency, including a municipal public health department. ''Medically underserved populations'', a historically underserved population or a population within a geographic area with a lack of access to primary care, behavioral health or perinatal healthcare providers or have a high infant mortality, high poverty or high elderly population, as determined by the secretary. ''Perinatal health outcomes'', health outcomes related to perinatal individuals. ''Perinatal individual'', an individual that: (i) is either pregnant or is within 12 months from the date of giving birth; (ii) is a biological parent or an adoptive or foster parent who is within 12 months from assuming custodial care of a child; or (iii) has lost a pregnancy due to a stillbirth, miscarriage or a medical termination within the previous 12 months. ''Secretary'', the secretary of health and human services. (b) Subject to appropriation, the secretary shall establish a program to award grants to eligible entities to address mental health conditions and substance use disorders for perinatal individuals. (c) The secretary shall promulgate regulations and guidelines as necessary to develop and implement the grant application process and eligible uses of grant funds pursuant to this section. (d) The secretary shall give preference to eligible entities that: (i) are community-based organizations or entities partnering with community-based organizations to address mental health conditions or substance use disorders in perinatal individuals; and (ii) operate in areas with high rates of adverse perinatal health outcomes or significant disparities in perinatal health outcomes, as determined by the secretary. (e) An eligible entity that receives a grant under this section shall use funds for establishing or expanding programs that improve or address mental health, behavioral health or substance use disorders for perinatal individuals with a focus on perinatal individuals from medically underserved populations. (f) The secretary shall provide, directly or by contract, technical assistance to eligible entities seeking a grant or receiving a grant under this section for the development, use, evaluation and post-grant period sustainability of the program proposed, established or expanded through the grant. The secretary shall advertise or promote such technical assistance to eligible entities to raise awareness about the grants and technical assistance. (g) The secretary shall promulgate regulations as necessary to implement subsection (f) and for the collection of quantitative and qualitative data, delineated by demographic information, on the activities conducted and individuals served pursuant to such grants.

M.G.L. c. 6A, § 16I Economic Development Trust Fund

c. 6A, § 16I. Economic Development Trust Fund Section 16I. (a) There shall be an Economic Development Trust Fund to be administered by the secretary of economic development. Monies in the fund shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the fund and with the requirement that all amounts on deposit be available for immediate use. (b) The secretary shall appoint the trustee of the fund, who shall serve until a successor is appointed. (c) There shall be credited to the fund: (i) grants, bequests, gifts or contributions of cash or securities, or contributions of services or property in kind from any persons or other governmental, nongovernmental, quasi-governmental or local governmental entities made for the purpose of supporting the executive office of housing and economic development as set forth in subsection (d); and (ii) all interest earned on monies in the trust. (d) Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made only for the following purposes: (i) operating costs of the executive office of community development, including the divisions and programs within the executive office; (ii) operating costs of the Massachusetts marketing partnership and the offices within the partnership, including the Massachusetts international trade office, the commonwealth marketing office, the office of travel and tourism, the Massachusetts film office and the Massachusetts sports partnership; and the Massachusetts office of business development, including the divisions and programs within that office; and (iii) costs associated with economic development programs, grants and initiatives of the secretary. (e) Funds deposited and expended from the fund shall not be assessed any indirect costs. (f) For the purpose of accommodating timing discrepancies between the receipt by the fund of revenues and related expenditures, the fund may incur expenses and the comptroller may certify payments from the fund in anticipation of fund receipts based on estimated receipts as certified by the trustee. The trustee shall insure that no expenditures from the fund shall cause the fund to be in deficiency at the close of a fiscal year.

M.G.L. c. 6A, § 16M MassHealth payment policy advisory board; composition; powers and duties; staff

c. 6A, § 16M. MassHealth payment policy advisory board; composition; powers and duties; staff Section 16M. (a) There shall be a MassHealth payment policy advisory board. The board shall consist of the secretary of health and human services or his designee, who shall serve as chair, the executive director of the center for health information and analysis, and 12 other members: 1 member appointed by the speaker of the house; 1 member appointed by the president of the senate; 1 member appointed by the Massachusetts Hospital Association; 1 member appointed by the Massachusetts Medical Society; 1 member appointed by the Massachusetts Extended Care Federation; 1 member appointed by Mass Aging Services Association, 1 member appointed by the Home Care Alliance of Massachusetts; 1 member appointed by the Massachusetts League of Community Health Centers; 1 member appointed by Mental Health and Substance Abuse Corporations of Massachusetts; 1 member appointed by the Massachusetts Medicaid Policy Institute; 1 member appointed by the Massachusetts Association of Behavioral Health Systems; 1 member appointed by Planned Parenthood League of Massachusetts; and 2 members appointed by the governor, 1 member representing managed care organizations contracting with MassHealth and 1 member being an expert in medical payment methodologies from a foundation or academic institution. (b) The board shall have the following powers and duties:— (1) to obtain from the office of Medicaid all data and analysis required to fully meet its charge under this section and to obtain further data and analysis from the center for health information and analysis as authorized in chapter 12C of the General Laws; (2) to conduct public hearings; (3) to review and evaluate rates and payment systems by the office of Medicaid and recommend Title XIX rates and rate methodologies that provide fair compensation for MassHealth services and promote high-quality, safe, effective, timely, efficient, culturally competent and patient-centered care. The board shall specifically review rates and rate methodologies for MassHealth services provided by community health centers. The center shall provide the board with the appropriate information not later than 45 days before the proposals are adopted into regulation; and (4) to report to the joint committee on health care financing and the house and senate committees on ways and means semi-annually to coincide with the state budget hearings and development. (c) The executive office of health and human services shall provide the board with staff from the center for health information and analysis necessary to complete needed research and analysis and enable the committee to make effective recommendations. Not less than 90 days before implementing any of the payment policies established under this section, the center shall provide a detailed plan of implementation of the policies to the joint committee on health care financing and to the house and senate committees on ways and means.

M.G.L. c. 6A, § 16O Health disparities council; duties; composition; meetings; annual reports

c. 6A, § 16O. Health disparities council; duties; composition; meetings; annual reports Section 16O. (a) There shall be a health disparities council located within, but not subject to the control of, the executive office of health and human services. The council shall make recommendations to the director of the office of health equity to reduce and eliminate disparities in access to quality health care and health outcomes based on racial, ethnic and disability status. This shall include disparities related to breast, cervical, prostate and colorectal cancers, strokes and heart attacks, heart disease, diabetes, infant mortality, lupus, HIV/AIDS, disability status, asthma and other respiratory illnesses. The council shall make recommendations for ways to address subpopulations with the highest levels of disparity in health care access and outcomes. The council may consider education, environment, housing, employment and other relevant determinants contributing to these disparities. The council shall make recommendations for development and implementation of quality metrics to be used to better understand the causes of health disparities and strategies for addressing these disparities. The council shall make recommendations to increase diversity in the health care workforce, including doctors, nurses and physician assistants, so that it includes more people from racial, ethnic and disability populations. (b) The council shall consist of the following: 3 members of the house of representatives, 1 of whom shall be designated as co-chair by the speaker of the house of representatives; 3 members of the senate, 1 of whom shall be designated as co-chair by the senate president; the secretary of health and human services or a designee, who shall serve ex officio; the commissioner of public health or a designee, who shall serve ex officio; the director of health equity or a designee, who shall serve ex officio; the director of multicultural health in the department of public health or a designee, who shall serve ex officio; the director of Medicaid or a designee, who shall serve ex officio; the commissioner of MassAbility or a designee, who shall serve ex officio; the commissioner of developmental services or a designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the blind or a designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the deaf and hard of hearing or a designee, who shall serve ex officio; the attorney general or a designee, who shall serve ex officio; 8 persons from communities disproportionately affected by health disparities, 4 of whom shall be appointed by the speaker of the house of representatives and 4 of whom shall be appointed by the senate president; and 20 persons who shall be appointed by the co-chairs, 1 from each list of nominees submitted by each of the following organizations: the American Cancer Society, Massachusetts Division, Inc.; the American Heart Association, Massachusetts Affiliate, Inc.; the Massachusetts General Hospital; Brigham and Women's/Faulkner Hospitals, Inc.; the Dana Farber Cancer Institute, Inc.; the Massachusetts League of Community Health Centers, Inc.; the Massachusetts Medical Society; the Massachusetts Hospital Association, Inc.; the Boston public health commission, established in chapter 147 of the acts of 1995; the health department of the city of Springfield; the health department of the city of Worcester; the Massachusetts School Nurse Organization, Inc.; the Massachusetts Association of Public Health Nurses, Inc.; the Massachusetts Association of Health Plans, Inc.; Blue Cross Blue Shield of Massachusetts, Inc.; the Program to Eliminate Health Disparities at the Harvard School of Public Health; the Boston Medical Center Corporation; Massachusetts Advocates for Children, Inc.; the Disability Policy Consortium Inc.; and the Massachusetts Public Health Association. The representatives of nongovernmental organizations shall serve staggered 3–year terms. Vacancies of unexpired terms shall be filled within 60 days by the appropriate appointing authority. (c) The council shall meet at least bimonthly, at other times as determined by its rules and when requested either by both co-chairs or by 1 co-chair and any 9 members. Council members with disabilities shall be provided reasonable accommodations based on identified needs. (d) The council shall submit a report annually by July 1 to the governor, the health care cost and quality council and the general court, by filing the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the joint committee on public health. The report shall include: (i) data on disparities in health care access and health outcomes; (ii) data on diversity in the health care workforce; (iii) recommendations for designing, implementing and improving programs and services; (iv) proposals for statutory and regulatory changes to reduce and eliminate disparities in access to quality health care services and health outcomes; and (v) recommendations for improving diversity and cultural competency in the health care workforce.

M.G.L. c. 6A, § 16P Coordination of clinically-appropriate behavioral health services for children and adolescents; facilitation of psychiatric and substance use disorder inpatient admissions for adults; access to real-time data through online portal

c. 6A, § 16P. Coordination of clinically-appropriate behavioral health services for children and adolescents; facilitation of psychiatric and substance use disorder inpatient admissions for adults; access to real-time data through online portal Section 16P. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Adult'', an individual who is older than 22 years of age. ''Awaiting residential disposition'', waiting not less than 72 hours to be moved from an acute level of psychiatric care to a less intensive or less restrictive, clinically-appropriate level of psychiatric care. ''Boarding'', waiting not less than 12 hours to be placed in an appropriate therapeutic setting after: (i) being assessed; (ii) being determined in need of acute psychiatric treatment, crisis stabilization unit placement, community-based acute treatment, intensive community-based acute treatment, continuing care unit placement or post-hospitalization residential placement; and (iii) receiving a determination from a licensed health care provider of medical stability without the need for urgent medical assessment or hospitalization for a physical condition. ''Children and adolescents'', individuals who are 22 years of age or less. (b)(1) The secretary of health and human services shall facilitate the coordination of services for children and adolescents awaiting clinically-appropriate behavioral health services by developing and maintaining a confidential and secure online portal that enables health care providers, health care facilities, payors and relevant state agencies to access real-time data on children and adolescents who are boarding, awaiting residential disposition or in the care or custody of a state agency and are awaiting discharge to an appropriate foster home or a congregate or group care program. The online portal and information contained in the online portal shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66. (2) The online portal shall include, but not be limited to, the following data: (i) the total number of children and adolescents boarding, including a breakdown, by location, of where the children and adolescents are boarding, which shall include, but not be limited to, hospital emergency rooms, emergency services sites and medical floors after having received medical stabilization treatment or their homes; (ii) the total number of children and adolescents awaiting residential disposition, including a breakdown, by facility type, of where children and adolescents are awaiting residential disposition and the level of care or type of placement sought; and (iii) the total number of children and adolescents in the care or custody of a state agency who are hospitalized and have waited not less than 72 hours for discharge to an appropriate foster home or a congregate or group care program after having been determined to no longer need hospital-level care. (3) For each category of data included pursuant to paragraph (2), the online portal shall include: (i) the average wait time for discharge to the appropriate level of care or placement; (ii) the level of care required as determined by a licensed health care provider; (iii) the primary behavioral health diagnosis and any co-morbidities relevant for the purposes of placement; (iv) the primary reason for boarding, awaiting residential disposition or, for children and adolescents in the care or custody of a state agency, for having waited not less than 72 hours for discharge to an appropriate foster home or a congregate or group care program after an assessment that hospital-level care is no longer necessary; (v) whether the children and adolescents are in the care or custody of the department of children and families or the department of youth services or are eligible for services from the department of mental health or the department of developmental services; (vi) data on the insurance coverage type for the children and adolescents; and (vii) data on the ages, race, ethnicity, preferred spoken languages and gender of the children and adolescents. (4) The online portal shall include information on the specific availability of pediatric acute psychiatric beds, crisis stabilization unit beds, community-based acute treatment beds, intensive community-based acute treatment beds, continuing care beds and post-hospitalization residential beds. The online portal shall also enable a real-time bed search within a specified geographic region that shall include, but not be limited to: (i) the total number of beds licensed by the department of mental health, the department of public health and the department of early education and care; (ii) the total number of available beds, broken down by location, licensing authority, age ranges and the distance, in miles, from where a child or adolescent currently resides and is boarding; (iii) the average daily bed availability, broken down by licensing authority and age ranges; (iv) daily bed admissions, broken down by licensing authority and age ranges; (v) the facility or location in which a child or adolescent was admitted; (vi) daily bed discharges, broken down by licensing authority and age ranges; and (vii) the average length of stay in a bed, broken down by licensing authority and age ranges. (5) Quarterly, not later than 14 days after the end of the preceding quarter, the secretary shall report on the status of children and adolescents who are boarding, awaiting residential disposition or in the care or custody of a state agency and awaiting discharge to an appropriate foster home or a congregate or group care program. The report shall include a summary and assessment of the data published on the online portal pursuant to paragraphs (3) and (4) for the immediately preceding quarter and may include a summary and assessment of the data over several quarters; provided, however, that the report shall present the data in an aggregate and de-identified form. The report shall be submitted to the children's behavioral health advisory council, established in section 16Q, the office of the child advocate, the health policy commission, the clerks of the senate and the house of representatives, the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health, substance use and recovery and the joint committee on children, families and persons with disabilities. (c) The secretary of health and human services shall facilitate psychiatric and substance use disorder inpatient admissions for adults seeking to be admitted from an emergency department or hospital medical floor by developing and maintaining a confidential and secure online portal that enables health care providers, health care facilities and payors to conduct a real-time bed search for patient placement. The online portal shall provide real-time information on the specific availability of all licensed psychiatric and substance use disorder inpatient beds that shall include, but not be limited to: (i) location; (ii) care specialty; and (iii) insurance requirements. The online portal and information contained in the online portal shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66.

M.G.L. c. 6A, § 16Q Children's behavioral health advisory council; members; terms; powers and duties; annual report

c. 6A, § 16Q. Children's behavioral health advisory council; members; terms; powers and duties; annual report Section 16Q. (a) There shall be a children's behavioral health advisory council within, but not subject to control of, the executive office of health and human services. The council shall advise the governor, the general court and the secretary of health and human services. (b) The council shall consist of not fewer than 24 members and shall be comprised of: (i) the following 10 members, who shall serve ex officio: the commissioner of mental health, who shall serve as chair, the commissioner of children and families, the commissioner of youth services, the commissioner of developmental services, the commissioner of public health, the commissioner of elementary and secondary education, the commissioner of early education and care, the commissioner of insurance, the director of Medicaid, and the child advocate, or their designees; (ii) additional persons appointed by the secretary of health and human services from the aforementioned agencies and from the executive office of health and human services; and (iii) 1 person from each of the following organizations appointed by the secretary of health and human services from a list of nominees submitted by each organizations:— Parent/Professional Advocacy League, Inc.; Massachusetts Psychological Association, Inc.; Massachusetts Association of Behavioral Health Systems, Inc.; Massachusetts Psychiatric Society, Inc.; Children's League of Massachusetts, Inc.; the Massachusetts chapter of the American Academy of Pediatrics; New England Council of Child and Adolescent Psychiatry, Inc.; Mental Health and Substance Abuse Corporations of Massachusetts, Inc.; the Massachusetts chapter of the National Association of Social Workers; Massachusetts Hospital Association, Inc., Blue Cross and Blue Shield of Massachusetts, Inc., Massachusetts Association for Mental Health, Inc., Massachusetts Behavioral Health Partnership, Massachusetts Society for the Prevention of Cruelty to Children, and Massachusetts Association of Health Plans, Inc.; and (iv) the following 4 community and provider members appointed by the secretary of health and human services: 2 persons under the age of 22 who are consumers of behavioral health services; a physician, pediatrician or child and adolescent psychiatrist from a community health center; and a professional with expertise in human services workforce development. The members of the children's behavioral health advisory council shall represent the culturally and linguistically diverse populations served by the executive office and its agencies. The terms for nongovernmental members shall be 3 years. Upon the expiration of his term, a nongovernmental member shall serve until a successor has been appointed; provided, however, that if a vacancy exists prior to the expiration of a term, another nongovernmental member shall be appointed to complete the unexpired term. (c) The council shall review: (i) the reports on the status of children awaiting clinically-appropriate behavioral health services provided by the secretary of health and human services under section 16P; (ii) the behavioral health indicators reports provided by the department of early education and care under subsection (g) of section 3 of chapter 15D; (iii) the research reports provided by the children's behavioral health research center under section 23 of chapter 19; and (iv) legislative proposals and statutory and regulatory policies impacting children's behavioral health services. (d) The council shall make legislative and regulatory recommendations related to: (i) best and promising practices for behavioral health care of children and their families, including practices that promote wellness and the prevention of behavioral health problems and that support the development of evidence-based interventions with children and their parents; (ii) implementation of interagency children's behavioral health initiatives with the goal of promoting a comprehensive, coordinated, high-quality, safe, effective, timely, efficient, equitable, family-centered, culturally-competent and a linguistically and clinically appropriate continuum of behavioral health services for children; (iii) the extent to which children with behavioral health needs are involved with the juvenile justice and child welfare systems; (iv) licensing standards relevant to the provision of behavioral health services for programs serving children, including those licensed by entities outside of the executive office of health and human services; (v) continuity of care for children and families across payers, including private insurance; and (vi) racial and ethnic disparities in the provision of behavioral health care to children. (e) The council shall submit an annual report, with legislative and regulatory recommendations, by October 1st to the governor, the secretary of health and human services, the commissioner of early education and care, the commissioner of elementary and secondary education, the child advocate and the general court, by filing them with the clerks of the senate and the house of representatives, the joint committee on mental health and substance abuse, the joint committee on children, families and persons with disabilities, the joint committee on health care financing and the senate and the house committees on ways and means. (f) The meetings of the council shall comply with chapter 30A, except that the council, through its by-laws, may provide for executive sessions of the council. No action of the council shall be taken in an executive session. (g) The members of the council shall not receive a salary or per diem allowance for serving as members of the council, but shall be reimbursed for actual and necessary expenses reasonably incurred in the performance of their duties.

M.G.L. c. 6A, § 16R Interagency review team for complex cases

c. 6A, § 16R. Interagency review team for complex cases Section 16R. (a) There shall be an interagency review team to collaborate on complex cases where there is a need for urgent action to address the lack of consensus or resolution between state agencies about current service needs or placement of an individual who: (i) is under the age of 22; (ii) is disabled or has complex behavioral health or special needs; and (iii) qualifies or may qualify for services from 1 or more state agencies, or special education services through the individual's school district. (b) The team shall consist of: the secretary of health and human services or a designee, who shall serve as co-chair; the commissioner of elementary and secondary education or a designee, who shall serve as co-chair; the assistant secretary of MassHealth or a designee; the commissioner of mental health or a designee; the commissioner of children and families or a designee; the commissioner of developmental services or a designee; the commissioner of youth services or a designee; the commissioner of early education and care or a designee; the secretary of the executive office of education or a designee; a representative from the office of the child advocate; and a representative from the school district or districts responsible for any aspect of an individual's education. The co-chairs may agree to convene a subset of the above-listed team members according to the circumstances of the individual's case; provided however, that a representative from the office of the child advocate shall be present at all team meetings. (c)(1) An individual may be referred to the team by the individual themselves if the individual is age 16 years or older, a state agency including a representative from the agency's ombudsman's office, the juvenile court, a hospital or emergency service provider, a school district, an attorney representing the individual or the individual's parent or guardian, a physician or behavioral health care provider authorized to act on behalf of a parent or guardian who is seeking access to services for the individual or the individual's parent or guardian. (2) Not later than 5 business days after referral of an individual to the team, the co-chairs shall convene the team; provided, however, that for referrals involving an individual waiting in a hospital emergency department or medical bed, or at home for not less than 5 days to be placed in an appropriate therapeutic setting or to be provided with appropriate evaluations and services, the co-chairs shall convene the team not later than 1 business day after receiving the referral. The team may order expedited eligibility determinations by a state agency or an extended evaluation at a special education residential school in order for the team to make determinations about the individual's current service needs if deemed necessary after the receipt of the referral and a review of relevant materials, including educational records and evaluations and review of any report issued from the area or regional level of state agencies involved. (3) Upon receipt and review of all necessary and updated information regarding the individual's service needs and eligibility decisions, the team shall determine the services currently in place, additional services that are needed to meet the current needs of the individual, which agencies shall provide said services, including location or placement where appropriate and ongoing case management services, and which agencies have fiscal responsibilities to pay for such services. The team shall complete its review within 30 business days; provided, however, that for referrals involving an individual waiting in a hospital emergency department or medical bed, or at home for not less than 5 days to be placed in an appropriate therapeutic setting or to be provided with appropriate evaluations and services, the team shall complete its review within 5 business days. The co-chairs may authorize the expenditure of funds pursuant to section 2TTTTT of chapter 29 to effectuate the purposes of this section. If the team does not come to resolution regarding which agency or agencies have fiscal responsibility, the co-chairs shall assume joint fiscal responsibility to avoid any delay in an individual receiving needed services. The co-chairs may authorize the expenditure of funds pursuant to said section 2TTTTT of said chapter 29 to cover the costs of needed services for an individual until a resolution regarding agency fiscal responsibility is reached. (d) If the individual or their parent or guardian disputes the decision of the team, the individual or their parent or guardian may file an appeal with the division of administrative law appeals, established under section 4H of chapter 7, which shall conduct an adjudicatory proceeding and order any necessary relief consistent with state or federal law; provided, however, that nothing in this section shall be construed to entitle an individual to services that the individual would otherwise be ineligible for under applicable agency statutes or regulations. (e) Notwithstanding chapters 66A, 112 and 119 or any other state or federal law related to the confidentiality of personal data, the team, the secretary of health and human services and the division of administrative law appeals shall have access to and may discuss materials related to the case while the case is under review; provided, that the individual or their parent or guardian shall consent in writing; and provided further, that such materials shall not be considered public records and that those having access shall agree in writing to keep the materials confidential. (f) The secretary of health and human services with the commissioner of elementary and secondary education shall promulgate regulations to effectuate the purposes of this section. The regulations shall include, but not be limited to: (i) the respective roles of the secretary of health and human services and the commissioner of elementary and secondary education for facilitating the work of the team; (ii) processes, including expedited processes, and timelines for required notifications between state agencies, the team and individuals who may be eligible for assistance or their parent or a person legally authorized to act on their behalf; (iii) record sharing processes, including requirements for obtaining consumer or parental consent; (iv) data gathering and reporting requirements; (v) protocols to ensure that individuals, parents and guardians are aware of the interagency review available in accordance with this section, and are provided with regular updates from the team and afforded opportunities to provide input and make decisions throughout the review process; and (vi) the interagency services reserve fund established in section 2TTTTT of chapter 29, including allowable uses of resources from said fund, processes for requesting and documenting requests, authorizations and denials and issuance of resources from said fund. (g) The secretary of health and human services shall publish an annual report not later than October 1 summarizing the cases reviewed by the team in the previous year, the length of time spent at each stage and the final resolution; provided, however, that the report shall not include any personally identifiable information of an individual. The report shall be provided to the child advocate and the clerks of the senate and the house of representatives. (h) Nothing in this section shall limit the rights of parents, guardians or children under chapter 71B, the federal Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. or section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 et seq. No decision or action taken under this section by the team shall be considered prejudicial by the Bureau of Special Education Appeals, the Division of Administrative Law Appeals or the MassHealth Board of Hearings.

M.G.L. c. 6A, § 16S Coordination of purchase of behavioral health services for children

c. 6A, § 16S. Coordination of purchase of behavioral health services for children Section 16S. The secretary of health and human services shall coordinate the purchase of behavioral health services for children to promote economy and efficiency and improve service delivery, thereby integrating services provided by the executive office of health and human services into a comprehensive, community-based behavioral health delivery system. The secretary shall establish guidelines for the department of children and families, the department of youth services, the department of public health, the department of developmental services and the office of Medicaid for the delivery of behavioral health services to children, including children subject to proceedings under sections 39E to 39J, inclusive, of chapter 119, pursuant to which the commissioner of mental health shall be consulted in the design and implementation of the commonwealth's behavioral health services for children; and the secretary shall consult with the commissioner of early education and care and the commissioner of elementary and secondary education to establish similar guidelines for those respective departments.

M.G.L. c. 6A, § 16U Network of community-based services and family resource centers

c. 6A, § 16U. Network of community-based services and family resource centers Section 16U. (a) As used in this section, the following words shall have the following meanings:— ''Child requiring assistance'', as defined in section 21 of chapter 119. ''Community-based services'', services, including coordination of services, designed to assist families requiring assistance so that, if appropriate, children of the family may continue to reside with their family and attend their community school while enjoying a strengthened relationship with their family. ''Family requiring assistance'', as defined in section 21 of chapter 119. ''Habitually truant'', as defined in section 21 of chapter 119. ''Secretary'', the secretary of health and human services. (b) Subject to appropriation or third party reimbursement, the secretary shall: (1) establish a network of child and family service programs and family resource centers throughout the commonwealth to provide community-based services to families with children requiring assistance under subsection (c); (2) develop guidelines and standards necessary to achieve and maintain, on a statewide basis, a comprehensive and integrated network of community-based services and family resource centers for children and families; (3) promote efficiency by including in the network of community-based services and family resource centers access to the following services: (i) organizations that are part of the comprehensive community-based behavioral health delivery system coordinated by the secretary under section 16S; (ii) organizations that provide services or have experience in coordinating access to community-based services such as local schools; (iii) other local public agencies and private organizations; and (iv) local medical, behavioral or mental health care providers; (4) coordinate the services provided by the network and in the family resource centers including, but not limited to, outreach, intake, screening, assessment and referral to services; (5) encourage cooperation among local providers as needed to provide the full complement of services required under this section; (6) monitor and provide technical assistance to family resource centers and providers of community-based services; (7) require the use of standard intake screening and assessment tools to evaluate families and children seeking community-based services which shall identify the family's strengths, resources and service needs including, but not limited to, mental health, behavioral health or substance abuse treatment, basic family shelter, clothing and food needs, child care needs, health insurance status, legal issues, education placement and child protection; and (8) create a data collection system for use by programs within the community-based services network and family resource centers which shall: (i) maintain the privacy of clients served, (ii) assist programs and the secretary in addressing the needs of the population to be served, (iii) collect information including, but not limited to, insurance status and benefit coverage of clients served, income documentation as needed to apply a sliding fee scale for payment or waiver of payment for services and (iv) such other information deemed necessary to assist the program and the secretary in providing services, identifying service needs and gaps and evaluating the effectiveness of family resource centers and the community-based services network. (c) The network of community-based services and family resource centers shall: (i) assist families so that, whenever possible, children may continue residing with their families in their home communities; (ii) assist families to enable children to continue as students in their community schools; (iv) strengthen the relationships between children and their families; and (iv) provide coordinated, comprehensive, community-based services for children at risk of dropping out of school, committing delinquent acts or engaging in behaviors which impede the likelihood of leading healthy, productive lives. Services offered through the network shall include, but not be limited to, treatment for or assistance with: eligibility determinations, behavioral, medical and mental health needs, special education evaluation, remedial education services, assistance with insurance issues, mentoring, family and parent support, civic engagement and community service, after school and out-of-school opportunities, residential programs, crisis management and case management. (d) Any documentation of services provided to the family and child through the network of community-based services or in the family resource centers shall not be public records under clause Twenty-sixth of section 7 of chapter 4. Except as otherwise required by law, including laws related to the reporting of suspected abuse or neglect under section 51A of chapter 119, statements made by the family and child while receiving services from the network of community-based services shall be treated as confidential and shall not be used in any proceedings without the written consent of the person making the statement. Information about the child and family requiring assistance, including interactions with service providers and protected health information services, may be shared among the case team, other providers of community services for families and any agency within the executive office of health and human services providing such services to the child as needed to coordinate treatment and provide appropriate case management, to the extent permitted under applicable federal law, unless the child or family decline in writing to permit such information sharing. (e) Participation in community-based services and use of the family resource centers shall be under a voluntary agreement of the parent, legal guardian or custodian and the child; provided, however, that provision of community-based services may be contingent upon such parent, legal guardian or custodian agreeing to pay for such services or consenting to allow covered services to be billed to applicable third party payers, including insurance providers. (f) Except as otherwise provided, a school administrator shall refer a student to a family resource center or a community-based services program, if such programs have been established in the geographic region where the student resides, at the same time that the administrator notifies the student and the parent, legal guardian or custodian of the student that the student is to be expelled for failure to comply with the lawful and reasonable rules of the school. After providing the process that is due to the student, including an expulsion hearing if requested under sections 37H and 37H1/2 of chapter 71, the school administrator shall consider the outcome of the community-based services if the student provides such outcome information to the school. After an expulsion is imposed, the student may continue to provide information relative to the outcome of any community-based services rendered, and the school administrator shall consider the outcome of any community-based services rendered any time that is provided. Notwithstanding the outcome of any community-based services, school districts shall make available to expelled students educational services designed to lead to re-entry to a regular education program or to a high school diploma. A school shall refer a child and family to a department of education truancy program, if such a program is available at the school, before referring the child and family to community-based services or a family resource center for habitually truant behavior. Whenever a child or family seeks assistance from a family resource center or community-based service network program for habitually truant behavior, the program staff shall assist the family in gaining access to a certified truancy program. (g) Nothing in this section shall diminish or interfere with the rights and protections afforded to students with disabilities under federal and state special education laws.

M.G.L. c. 6A, § 16V Bureau of program integrity; members; duties and responsibilities

c. 6A, § 16V. Bureau of program integrity; members; duties and responsibilities Section 16V. (a) There shall be within the executive office of health and human services, but not subject to the control of the office, a bureau of program integrity. The inspector general shall appoint a director of the bureau, who shall serve as an assistant inspector general, under the supervision of the inspector general, and shall serve for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of this office. (b) The director may appoint such persons as are necessary to perform the functions of the bureau; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding any such appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical and other assistants as the work of the bureau may require. Employees shall devote their full-time and attention to their duties while employed with the bureau and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A. (c) The bureau shall monitor the quality, efficiency and integrity of programs administered by the executive office of health and human services. The bureau shall seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds for benefit programs including, but not limited to, MassHealth, transitional aid to families with dependent children, emergency assistance to elders, disabled and children, the supplemental nutrition assistance program and other assistance benefits distributed via electronic benefit cards. (d) In addition to the responsibilities set forth in subsection (c), the bureau shall: (i) review current eligibility intake and determination procedures for public benefit programs administered by the office of health and human services; (ii) assist in the development of any new intake procedures and regulations for eligibility determination; (iii) monitor whether eligibility regulations are being followed by the administering agency; (iv) assist with the coordination with other state agencies to transmit and collect data on beneficiaries; (v) coordinate with the program integrity division under the department of transitional assistance; (vi) provide training to employees serving under the office of health and human services on methods of intake procedures and beneficiary determination; and (vii) automate reporting of indicators of potential fraud cases. (e) The bureau shall coordinate and consult with the executive office of health and human services on the efforts to verify eligibility for recipients of benefit programs through the sharing of information with other agencies and departments, including but not limited to, the department of revenue, the department of elementary and secondary education, the department of unemployment assistance, the department of industrial accidents, the registry of motor vehicles, the department of criminal justice information services and the department of correction. (f) The director may report and refer instances of fraud, waste or abuse of public benefits to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such investigation may be referred to the attorney general or state auditor for appropriate action.

M.G.L. c. 6A, § 16W Commission for the study and making of recommendations relative to services for unaccompanied homeless youth

c. 6A, § 16W. Commission for the study and making of recommendations relative to services for unaccompanied homeless youth Section 16W. (a) As used in this section and section 16X, the following words shall have the following meanings unless the context clearly requires otherwise: ''Fixed, regular nighttime residence'', a dwelling at which a person resides on a regular basis that provides safe shelter, sufficient for meeting both the physical and psychological needs typically met in home environments; provided, however, that ''fixed, regular nighttime residence'' shall not include: (i) a publicly or privately-operated institutional shelter designed to provide temporary living accommodations; (ii) transitional housing; (iii) temporary placement with a peer, friend or family member who has not offered a permanent residence, residential lease or temporary lodging for more than 30 days; or (iv) a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings. ''Unaccompanied homeless youth'', a person 24 years of age or younger who is not in the physical custody or care of a parent or legal guardian and who lacks a fixed, regular nighttime residence; provided, however, that ''unaccompanied homeless youth'' shall not include a person incarcerated or otherwise detained under federal or state law. (b) There shall be a commission within the executive office of health and human services for the purpose of studying and making recommendations relative to services for unaccompanied homeless youth, with the goal of providing a comprehensive and effective response to the unique needs of this population. The focus of the commission's work shall include, but not be limited to: (i) an analysis of the barriers to serving unaccompanied homeless youth who are gay, lesbian, bisexual or transgender; (ii) an analysis of the barriers to serving unaccompanied youth under 18 years of age; (iii) an assessment of the impact of mandated reporting requirements on unaccompanied homeless youths' access to services; (iv) the commonwealth's ability to identify and connect with unaccompanied homeless youth; and (v) recommendations to reduce identified barriers to serving this population. The commission, in formulating its recommendations, shall take into account the best practices and policies in other states and jurisdictions. The commission shall include: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of children and families or a designee; the commissioner of elementary and secondary education or a designee; the commissioner of public health or a designee; the commissioner of mental health or a designee; the director of Medicaid or a designee; the commissioner of transitional assistance or a designee; the undersecretary for housing and community development or a designee; the commissioner of youth services or a designee; the senate and house chairs of the joint committee on children, families and persons with disabilities; 1 member of the senate; 1 member of the house of representatives; 1 member who shall be appointed by the house minority leader; 1 member who shall be appointed by the senate minority leader; 3 youths who have experienced homelessness who shall be appointed by the office of the child advocate; 3 direct service providers who work with unaccompanied homeless youths who shall be appointed by the governor; and 1 representative from each of the following organizations: the Massachusetts Coalition for the Homeless, Inc.; the Massachusetts Task Force on Youth Aging Out of DCF Care; the Massachusetts Appleseed Center for Law and Justice, Inc.; MassEquality Org, the Campaign for Equality, Inc.; the Massachusetts Housing and Shelter Alliance, Inc.; the Massachusetts Transgender Political Coalition, Inc. and the Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth. Nongovernmental members shall serve for 2–year terms and may be reappointed. The commission shall submit an annual report by December 31 to the governor, the clerks of the house of representatives and the senate, the joint committee on children, families and persons with disabilities and the office of the child advocate. The report shall include, but not be limited to, the commission's findings and any recommendations for regulatory or legislative action, with a timeline for implementation, cost estimates and finance mechanisms, and shall detail the extent of homelessness among unaccompanied homeless youth in the commonwealth and the progress made toward implementing the commission's recommendations and any other efforts to address the needs of this population.

M.G.L. c. 6A, § 16X Contracts to provide housing and support services for unaccompanied homeless youths

c. 6A, § 16X. Contracts to provide housing and support services for unaccompanied homeless youths Section 16X. (a) Subject to appropriation or third party reimbursement, the executive office of health and human services shall enter into performance-based contracts with organizations and agencies to provide housing and support services to address the needs of unaccompanied homeless youths in urban, suburban and rural areas. In entering into such contracts, the executive office of health and human services shall take into consideration the recommendations of the commission on unaccompanied homeless youth established in section 16W on identifying, connecting and serving unaccompanied homeless youth, in general, and unaccompanied homeless youth under the age of 18 and youth who are lesbian, gay, bisexual or transgender, in particular. Contracts authorized in this section shall include housing services for unaccompanied homeless youth which may include, but shall not be limited to: emergency shelter; kinship home placements; short-term housing; and transition to independent living programs. Programs shall provide any such unaccompanied homeless youth with stable out-of-home placement, help to reunite any such youth with the youth's parent or legal guardian if family reunification is in the youth's best interest and help to create educational and residential stability. Additional support services may include, but shall not be limited to: individual, family and group counseling; access to medical, dental and mental health care; education and employment services; case management, advocacy and referral services; independent living skills training; and provision of basic needs. (b) The executive office of health and human services shall monitor organizations awarded contracts under this section to ensure that appropriate and high-quality services are being delivered to unaccompanied homeless youth and shall collect common data and outcome measures from these organizations and agencies. Data collected from the organizations and agencies, the incidence of unaccompanied youth homelessness in the commonwealth and the status of and any change in housing, residential stability, educational stability and outcomes and well-being of unaccompanied homeless youth shall be included in the annual report of the special commission on unaccompanied homeless youth pursuant to section 16W.

M.G.L. c. 6A, § 16Z Pulmonary hypertension task force

c. 6A, § 16Z. Pulmonary hypertension task force Section 16Z. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a pulmonary hypertension task force. The task force shall consist of: the secretary of the executive office of health and human services or a designee, who shall serve as chair; the commissioner of the department of public health or a designee; the commissioner of insurance or a designee; the director of Medicaid or a designee; and 7 persons to be appointed by the secretary of the executive office of health and human services, 2 of whom shall be representatives from the Massachusetts Medical Society Alliance, Inc. appointed in consultation with their relevant specialty chapters, 1 of whom shall be a representative from the Massachusetts Association of Health Plans, Inc., 1 of whom shall be a representative from commercial health insurance plans or managed care organizations doing business in the commonwealth, 1 of whom shall be an individual with a diagnosis of pulmonary hypertension, 1 of whom shall be a representative of a pharmaceutical company that manufactures a drug or device for detecting, preventing or treating pulmonary hypertension and 1 of whom shall be a representative of a research, advocacy or support organization primarily serving individuals with a diagnosis of pulmonary hypertension. (b) The task force shall: (i) develop and annually update a summary of the advances made in research on and treatment and diagnosis of pulmonary hypertension; (ii) develop and annually update a summary of the advances made in access to care for individuals with a diagnosis of pulmonary hypertension; (iii) monitor pulmonary hypertension research, services and support activities across the commonwealth, including coordination of the commonwealth's activities and programs with respect to pulmonary hypertension; (iv) develop and annually update a comprehensive strategic plan to improve health outcomes for individuals with a diagnosis of pulmonary hypertension, including recommendations to: (1) advance research or pulmonary hypertension; (2) improve the transplantation criteria and process concerning lung and heart-lung transplants for individuals with a diagnosis of pulmonary hypertension; (3) improve public awareness and recognition of pulmonary hypertension; (4) improve health care delivery for individuals with a diagnosis of pulmonary hypertension; (5) improve the early and accurate diagnosis of pulmonary hypertension; and (6) systematically advance the full spectrum of biomedical research on pulmonary hypertension; and (v) develop and annually update the progress made in implementing such comprehensive strategic plan. (c) The task force shall submit its recommendations to the governor and the clerks of the house of representatives and senate annually not later than December 31.

M.G.L. c. 6A, § 18 Agencies within executive office of public safety and security

c. 6A, § 18. Agencies within executive office of public safety and security Section 18. The following state agencies are hereby declared to be within the executive office of public safety and security: the department of fire services; the office of grants and research and the highway safety division; the municipal police training committee; the Massachusetts department of criminal justice information services; the state 911 department; the department of state police; the office of the chief medical examiner; the Massachusetts emergency management agency; the military department; the department of correction, including the parole board; the sex offender registry board; and all other agencies and boards within said departments, committees and boards.

M.G.L. c. 6A, § 18A Definitions applicable to Secs. 18A to 18J

c. 6A, § 18A. Definitions applicable to Secs. 18A to 18J Section 18A. In this section, and in sections 18B to 18J, inclusive, of this chapter, and in section 14A of chapter 166, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Automatic location identification'', an enhanced 911 service capability that allows for the automatic display of information relating to the geographical location of the communication device used to place a 911 call. ''Automatic number identification'', an enhanced 911 service capability that allows for the automatic display of a telephone number used to place or route a 911 call. ''Commission'', the state 911 commission. ''Communication services'', includes any of the following: (a) the transmission, conveyance or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless or other medium or method, regardless of the protocol used; (b) the ability to provide two-way voice communication on the public switched network; (c) wireless enhanced 911 service; (d) wireline enhanced 911 service; (e) interconnected VoIP provider service as defined by the regulations of the FCC regulations; (f) IP–enabled service; or (g) prepaid wireless service. ''Communication service provider'', an entity that provides communication services to a subscriber or end user. ''Department'', the state 911 department. ''Director'', the executive director of the state 911 department. ''Emergency medical dispatch'', the management of requests for emergency medical assistance by utilizing a system of: (a) tiered response or priority dispatching of emergency medical resources based on the level of medical assistance needed by the victim; and (b) pre-arrival first aid or other medical instructions given by trained personnel responsible for receiving 911 calls and directly dispatching emergency response services. ''End user'', a person who uses communication services. ''Enhanced 911 Fund'', the fund established under section 35JJ of chapter 10. ''Enhanced 911 service provider'', any entity that provides 1 or more of the following 911 elements: network, database or PSAP customer premises equipment. ''Enhanced 911 service'', a service consisting of communication network, database and equipment features provided for subscribers or end users of communication services enabling such subscribers or end users to reach a PSAP by dialing the digits 911, or by other means approved by the department, that directs calls to appropriate PSAPs based on selective routing and provides the capability for automatic number identification and automatic location identification. ''Enhanced 911 network features'', the components of enhanced 911 service that provide selective routing, automatic number identification and automatic location identification. ''Enhanced 911 systems'', a distinct entity or geographical segment in which enhanced 911 service is provided, consisting of network routing elements serving as a control office and trunking connecting all central offices within a geographical segment, and including PSAPs and network used to deliver location data to PSAPs from a data base. ''FCC'', the Federal Communications Commission. ''FCC order'', all orders issued by the FCC under the proceeding entitled ''Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems'' (CC Docket No. 94–102; RM 8143), or any successor proceeding, including all other criteria established therein, regarding the delivery of wireless enhanced 911 service by a wireless carrier, and all orders issued by the FCC under the proceeding entitled ''In the Matter of IP–Enabled Services; E911 Requirements for IP–Enabled Service Providers''(WC Docket No 05–196), or any successor proceeding, including all other criteria established therein, regarding the delivery of enhanced 911 service by an IP–enabled service provider. ''Governmental body'' shall include any governmental body as defined in section 11A of chapter 30A or section 23A of chapter 39. ''Interconnected VoIP service'', voice over the internet protocol services as defined by the FCC in 47 CFR 9.3. ''IP–enabled service'', a service, device or application which makes use of Internet Protocol, or IP, and capable of entering the digits 911, or by other means as approved by the department, for the purposes of interconnecting users to the enhanced 911 system including, but not limited to, voice over IP and other services, devices, or applications provided through or using wireline, cable, wireless, or satellite facilities or any other facility that may be provided in the future. ''Limited secondary PSAP'', a PSAP equipped, at a minimum, with automatic number identification and automatic location identification display or printout capability. It receives 911 calls only if transferred from the primary PSAP. Data sent to a limited secondary PSAP cannot be re-routed to another location and may not necessarily be transmitted simultaneously with the voice call. ''Local exchange service'', telephone exchange lines or channels that provide local access from the premises of a subscriber in the commonwealth to the local telecommunications network to effect the transfer of information. ''Network components'', any software or hardware for a control switch, other switch modification, trunking or any components of a computer storage system or database used for selective routing of 911 calls, automatic number identification and automatic location identification, including a PSAP. ''Next generation 911'', an enhanced 911 system that incorporates the handling of all 911 calls and messages, including those using IP–enabled services or other advanced communications technologies in the infrastructure of the 911 system itself. ''Prepaid wireless telephone service'', wireless service that is activated in advance by payment for a finite dollar amount of service or minutes that terminates either upon use by a customer and delivery by the wireless provider of an agreed-upon amount of service or minutes, unless the customer makes additional payments. ''Prepaid wireless telephone service provider'', an entity providing prepaid wireless telephone service at retail or wholesale. ''PSAP customer premises equipment'', enhanced 911 call processing equipment located at a PSAP. ''Primary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays, and is the first point of reception of a 911 call. It serves the municipality in which it is located. ''Private safety department'', an entity, except for a municipality or a public safety department, that provides emergency police, fire, ambulance or medical services. ''Public safety answering point'' or ''PSAP'', a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs. ''Public safety department'', a functional division of a municipality or a state that provides fire fighting, law enforcement, ambulance, medical or other emergency services. ''Regional emergency communication center'', a facility operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, as approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of emergency services for all such municipalities or governmental bodies including, but not limited to, a regional PSAP that provides enhanced 911 service and police, fire protection, and emergency medical services dispatch, including services provided by a private safety department. The regional PSAP portion of the center shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call. ''Regional PSAP'', a PSAP operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, approved by the department, for the operation of enhanced 911 call taking and call transfer activities. A regional PSAP may also be engaged in, by agreement, the dispatching or control of public safety resources serving some or all of the municipalities or governmental bodies that comprise the regional PSAP, including where services are provided by a private safety department. If the regional PSAP serves all such municipalities or governmental bodies for the operation of enhanced 911 call taking and call transfer activities and dispatch services including where dispatch services are provided by a private safety department, it shall be considered a regional emergency communication center for the purposes of section 18B. The regional PSAP shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call. ''Regional secondary PSAP'', a facility operated by or on behalf of 3 or more municipalities or governmental bodies, or a combination thereof, approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of either police, fire protection or emergency medical services, or any combination thereof. A regional secondary PSAP is equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when transferred from a primary or regional PSAP or on an alternative routing basis when calls cannot be completed to the primary or regional PSAP. ''Retail'', sales by a prepaid wireless telephone service provider directly to the end user or to a non-prepaid wireless telephone service provider through a voluntary contractual relationship in which the service is sold directly to the end user on behalf of the prepaid wireless telephone service provider. ''Ringing PSAP'', a PSAP equipped for receipt of voice communications only, and may not operate 24 hours each day. It receives 911 calls that are transferred from the primary PSAP. ''Secondary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when they are transferred from the primary PSAP or on an alternative routing basis when calls cannot be completed to the primary PSAP. ''Selective routing'', the method to direct 911 calls to the appropriate PSAP using a call routing database derived from the geographical location from which the call originated. ''Subscriber'', a person who uses communication services. ''Telephone company'', a person, firm, corporation, association or joint stock association or company, as defined in chapter 159, furnishing or rendering local telephone exchange service. ''VoIP or voice over internet protocol'', a type of IP–enabled service that allows for the two-way real time transmission of voice communications and has access to the public switched network. ''Wholesale'', sales by the prepaid wireless telephone service provider to a non-prepaid wireless telephone service provider that sells service on behalf of the prepaid wireless telephone service provider. ''Wireless carrier'', a commercial mobile radio service, as defined in 47 USC 332(d), including resellers and prepaid providers of wireless services. ''Wireless enhanced 911 service'', the service required to be provided by wireless carriers under, and governed by, FCC order. ''Wireless state police PSAP'', a state police facility assigned the responsibility of primarily or entirely receiving wireless 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety departments or other PSAPs. ''Wireline carrier'', an incumbent local exchange carrier or local exchange carrier operating in the commonwealth, or a telephone company, or any other person, corporation or entity that provides local exchange service. ''Wireline enhanced 911 service'', service provided by a wireline carrier that connects a subscriber dialing or entering the digits 911 to a PSAP.

M.G.L. c. 6A, § 18AA State-administered needs-based benefits and services; secure common application

c. 6A, § 18AA. State-administered needs-based benefits and services; secure common application Section 18AA. Notwithstanding any general or special law to the contrary, the executive office of health and human services and the executive office of housing and livable communities, in coordination with the division of medical assistance, the department of transitional assistance, the department of early education and care, and the executive office of education, shall develop and implement a secure common application portal for individuals to simultaneously apply for state-administered needs-based benefits and services. The common application shall allow individuals the option to apply simultaneously for MassHealth coverage, the supplemental nutrition assistance program, income supports under chapters 117A and 118, childcare subsidies, housing subsidies, fuel assistance and other needs-based health care, nutrition and shelter benefits. The common application shall, with the consent of the applicant, allow the state agencies responsible for determining eligibility for the benefits requested to share relevant eligibility information and supporting documentation submitted by the applicant as needed to determine eligibility for other benefits.

M.G.L. c. 6A, § 18B State 911 department; state 911 commission; policy advisory commission; implementation of enhanced 911 services; PSAPs; funding; establishment of standards and requirements; grant programs; accessibility to persons with disabilities

c. 6A, § 18B. State 911 department; state 911 commission; policy advisory commission; implementation of enhanced 911 services; PSAPs; funding; establishment of standards and requirements; grant programs; accessibility to persons with disabilities Section 18B. (a) There shall be, within the executive office of public safety and security, a state 911 department. The secretary of public safety and security shall, with the advice of the commission, appoint and, subject to appropriation or funds otherwise available from other sources, fix the salary of an executive director of the department. The director shall be responsible for administering, directing and managing the affairs and business of the department, and for the appointment and supervision of all personnel at the department. The director shall not be subject to section 9A of chapter 30 or chapter 31, but shall be classified in accordance with section 45 of said chapter 30 and the salary therefore shall be determined in accordance with section 46C of said chapter 30. The executive director may appoint such other employees, including experts and consultants, as he deems necessary, subject to appropriation or available funds, to carry out the department's responsibilities. (b) There shall be, within the executive office of public safety and security, a state 911 commission to provide strategic oversight and guidance to the department, and to advise the department relative to its annual budget and all material changes thereto and in all matters regarding enhanced 911 service in the commonwealth. The commission shall consist of: the secretary of public safety and security, who shall serve as chairperson; the chief information officer of the information technology division; the colonel of state police; the state fire marshal; the police commissioner of the city of Boston; the director of the Massachusetts office on disability; the commissioner of public health; the commissioner of mental health; the commissioner of the Massachusetts commission for the deaf and hard of hearing; and 13 members to be appointed by the governor, 1 of whom shall be a sitting police chief and a representative of the Massachusetts Chiefs of Police Association, Inc., 1 of whom shall be a representative of the Massachusetts Police Association, Inc., 1 of whom shall be a sitting police chief and a representative of the Massachusetts Major City Chiefs Association, 2 of whom shall be sitting fire chiefs and representatives of the Massachusetts Fire Chiefs Association, 1 of whom shall be a representative of the Professional Fire Fighters of Massachusetts, 1 of whom shall be a representative of the Massachusetts Sheriffs Association, Inc., 1 of whom shall be a representative of the Massachusetts Municipal Association, Inc., 1 of whom shall be a representative of the Massachusetts Emergency Medical Care Advisory Board, 1 of whom shall be a representative of the Massachusetts Ambulance Association, Inc., 1 of whom shall be a manager or supervisor of a PSAP and a representative of the Massachusetts Communication Supervisors Association, Inc., 1 of whom shall be a representative of the Association for Behavioral Healthcare, Inc. with experience in delivering psychiatric emergency services, and 1 of whom shall be an individual with lived experience with behavioral health conditions and interactions with police. One of the governor's appointees shall be elected annually by the commission as its vice chairperson. Members of the commission shall be appointed for terms of 3 years with no limit on the number of terms they may serve. Members shall hold office until a successor is appointed and no member shall serve beyond the time the member ceases to hold the office or employment that made the member eligible for appointment to the commission. The commission shall meet at least twice annually, and at other times as necessary. A meeting of the commission may be called by its chairperson, the vice chairperson or 3 of its members. A quorum for the transaction of business shall consist of 9 members. Members of the commission shall receive no compensation, but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. The commission shall review and approve by a majority vote of those members present all formulas, percentages, guidelines or other mechanisms used to distribute the grants described in this section, and all major contracts that the department proposes to enter into for enhanced 911 services. The commission shall review and approve by a majority vote of those members present all regulations and standards proposed by the department. (c) There shall be established a policy advisory committee for the sole purpose of advising the state 911 commission and state 911 department on pertinent subject matter relative to enhanced 911 service, enhanced 911 systems and enhanced 911 network features. The advisory board shall consist of 5 members, 1 of whom shall represent an incumbent local exchange carrier, 1 of whom shall represent a competitive local exchange carrier registered in the commonwealth, 1 of whom shall represent a PSAP customer premises equipment provider, 1 of whom shall represent an interconnected VoIP provider, and 1 of whom shall represent a wireless carrier. Members of the advisory board shall be residents of the state and shall be appointed by the governor from a list of qualified candidates provided by industry representatives for terms of 3 years with no limit on the number of terms they may serve. A meeting of the policy advisory committee may be called by the state 911 commission chairperson, vice chairperson, or 3 of its members. Members of the policy advisory committee shall receive no compensation, but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. The advisory board shall review all issues relative to industry interaction and network compatibility with the current enhanced 911 system, and with next generation 911. The policy advisory committee shall file a written report annually with the state 911 commission and the state 911 department. (d) The department shall coordinate and effect the implementation of enhanced 911 service, and administer such service in the commonwealth. The department, with the commission's approval, shall promulgate rules and regulations for the administration of such service in accordance with chapter 30A, including technical and operational standards for the establishment of PSAPs which utilize enhanced 911 service features in accordance with sections 18A to 18J, inclusive, and section 14A of chapter 166. Cities and towns shall comply with such standards in the design, implementation and operation of PSAPs. The department may inspect any PSAP that utilizes enhanced 911 network features to determine if it meets the requirements of said sections and all other technical and operational standards required by law. In implementing wireless enhanced 911 service and enhanced 911 for IP–enabled services, the department shall promulgate rules and regulations consistent with the provisions required by the FCC. (e) The number of PSAPs and enhanced 911 answering positions at primary and regional PSAPs shall be determined by the department according to a formula that takes into account cost, call volume, population, efficiency and the public safety needs of cities and towns. Applications for secondary PSAPs shall be reviewed and approved by the department. The PSAP customer premises equipment, installation and operation costs of secondary PSAPs shall be the responsibility of the applicant, but the department may provide such equipment and related maintenance if the applicant so requests and meets eligibility requirements established by the department in standards approved by the commission. Network and database services for secondary PSAPs shall be provided as approved by the department. Applications for regional secondary PSAPs shall be reviewed and approved by the department. The PSAP customer premises equipment and installation of such equipment shall be provided by the department from the development grant set forth in paragraph (5) of subsection (i) in accordance with guidelines to be established by the department with the commission's approval. Network and database services for regional secondary PSAPs shall be provided as approved by the department. (f) The department shall disburse funds from the Enhanced 911 Fund for prudently-incurred expenses associated with: the lease, purchase, upgrade or modification of primary and regional PSAP customer premises equipment and the maintenance of such equipment; network development, operation and maintenance; database development, operation, and maintenance; training of 911 telecommunicators regarding the receipt and use of enhanced 911 service information; education of consumers regarding the operation, limitation, role and responsible use of enhanced 911 service; grants associated with enhanced 911 service as set forth in subsection (i) and any other grant approved by the department associated with providing enhanced 911 service in the commonwealth; the recurring and nonrecurring costs of communication services providers in providing enhanced 911 service in the commonwealth to the extent required by federal or Massachusetts law or regulation or federal or Massachusetts agency decision or order; and other expenses incurred by the state 911 department in administering and operating the enhanced 911 system in the commonwealth. (g) Consistent with federal law and regulation, t he department, with the commission's approval, shall establish: performance measure standards for the enhanced 911 service provider for network, database, and PSAP customer premises equipment and associated maintenance services; service level standards for communication services providers for providing enhanced 911 service in the commonwealth including, but not limited to, standards for the provision of enhanced 911 access for the disabled community; certification requirements for enhanced 911 telecommunicators including, but not limited to, emergency medical dispatch and quality assurance of emergency medical dispatch programs; standards requiring PSAPs to have certified emergency medical dispatch personnel or to provide emergency medical dispatch through a certified emergency medical dispatch resource; and guidelines for developing and administering any grant authorized in subsection (i), or any other grant associated with providing enhanced 911 service in the commonwealth approved by the commission and the department of telecommunications and cable upon the petition of the department including, but not limited to, provisions requiring municipalities to provide documentation of expenditures. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date the department files its petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within 90 days. The department shall initiate a voluntary program in which municipalities may contribute timely address information to support the enhanced 911 database. (h) The department shall review and assess the technological and operational capability and financial feasibility of wireless 911 calls being routed to and handled directly by the PSAP in which the caller is located, and if such capability exists, the department shall establish standards, with the commission's approval, by which such PSAPs may receive wireless calls. The department shall review and assess new communications technologies that may include, but are not limited to, wireless, video, broadband, and IP–based applications that may serve as the next generation 911 technology platforms, consistent with FCC decisions and federal law. (i) The department shall develop and administer grant programs to assist PSAPs and regional emergency communication centers in providing enhanced 911 service and to foster the development of regional PSAPs, regional secondary PSAPs and regional emergency communication centers. The following grant programs shall be funded by the department as specified, and the department may add necessary personnel to develop and administer such grant programs as set forth in subparagraphs (1) to (5), inclusive. (1) The PSAP and regional emergency communication center training grant shall reimburse primary, regional and regional secondary PSAPs and regional emergency communication centers for allowable expenses related to the training and certification of enhanced 911 telecommunicators. Funds shall be disbursed according to a formula that weighs both population served and 911 call volume, unless a different formula is approved by the commission. Five per cent of the total surcharge revenues of the previous fiscal year shall be allocated to this grant, unless such percentage is otherwise increased by the approval of the commission for the purposes of this grant. Any such increase to a level of 7.5 per cent or more shall also be approved by the department of telecommunications and cable, upon petition of the department. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date the department files its petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within 90 days. The department, with commission approval, may decrease such percentage in any fiscal year for budgetary reasons, but to a level not less than 3.75 per cent of the total surcharge revenues of the previous fiscal year. (2) The PSAP and regional emergency communication center support grant shall reimburse: primary, regional and regional secondary PSAPs and regional emergency communication centers for allowable expenses related to enhanced 911 telecommunicator personnel costs, and the acquisition and maintenance of heat, ventilation and air-conditioning equipment and other environmental control equipment, computer-aided dispatch systems, console furniture, dispatcher chairs, radio consoles, and fire alarm receipt and alert equipment associated with providing enhanced 911 service; regional PSAPs and regional emergency communication centers for allowable expenses related to the acquisition and maintenance of public safety radio systems; regional secondary PSAPs for allowable expenses related to PSAP customer premises equipment maintenance; and primary, regional, and regional secondary PSAPs and regional emergency communication centers for any other equipment and related maintenance associated with providing enhanced 911 service as approved by the department. Funds shall be disbursed according to a formula that weighs both population served and 911 call volume, unless a different formula is approved by the commission. Twenty-five per cent of the total surcharge revenues of the previous fiscal year shall be allocated to this grant, unless such percentage is otherwise increased by the approval of the commission for the purposes of this grant. Any such increase to a level of 31.25 per cent or more shall also be approved by the department of telecommunications and cable, upon petition of the department. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date the department files its petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within 90 days. The department, with commission approval, may decrease such percentage in any fiscal year for budgetary reasons, but to a level not less than 18.75 per cent of the total surcharge revenues of the previous fiscal year. In the guidelines administering this grant, the department may include provisions to increase the allocation of funds to primary PSAPs provided under this grant that dispatch police, fire protection, emergency medical services and mobile behavioral health crisis response services, taking into account if any such services are provided by a private safety department. The department may include in such guidelines provisions to increase the allocation of funds to regional secondary PSAPs that dispatch any combination of regional police, fire protection, emergency medical services or mobile behavioral health crisis response services. (3) The wireless state police PSAP grant shall reimburse the wireless state police PSAPs for allowable expenses related to enhanced 911 telecommunicator personnel costs, training and certification of enhanced 911 telecommunicators, and the acquisition and maintenance of heat, ventilation and air-conditioning equipment, computer-aided dispatch systems, console furniture, dispatcher chairs, radio consoles, and fire alarming receipt and alert equipment to be used at the state police PSAPs. The grant shall reimburse such PSAPs for any other equipment and related maintenance associated with providing enhanced 911 service as approved by the department. Funds shall not be used for any equipment or services that are not directly related to the provision of enhanced 911 services or the operation of the state police PSAPs. Four per cent of the total surcharge revenues of the previous fiscal year shall be allocated to this grant, unless such percentage is otherwise increased by the approval of the commission for the purposes of this grant. Any such increase to a level of 6 per cent or more shall also be approved by the department of telecommunications and cable, upon the petition of the department. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the filing of the petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within 90 days. The department, with commission approval, may decrease such percentage in any fiscal year for budgetary reasons, but to a level not less than 2 per cent of the total surcharge revenues of the previous fiscal year. In the guidelines administering this grant, the department may include provisions to increase the allocation to the wireless state police PSAPs to account for such PSAPs handling of wireline 911 calls for municipalities. (4) The regional PSAP and regional emergency communication center incentive grant shall provide regional PSAPs and regional emergency communication centers with funds in addition to amounts allocated as part of the PSAP and regional emergency communication center support grant to be used for reimbursement of allowable expenses as specified in the support grant for regional PSAPs and regional emergency communication centers in the following amounts: (i) for regional PSAPs serving 2 municipalities, 1/2 of 1 per cent of the total surcharge revenues of the previous fiscal year; (ii) for regional PSAPs serving 3 to 9 municipalities, 1 per cent of the total surcharge revenues of the previous fiscal year; (iii) for regional PSAPs serving 10 or more municipalities, 1/2 per cent of the total surcharge revenues of the previous fiscal year; and (iv) for regional emergency communication centers, 2 per cent of the total surcharge revenues of the previous fiscal year. The percentages in clauses (i) to (iv), inclusive, may be adjusted by the commission to ensure a proper allocation of incentive funds as more regional PSAPs and regional emergency communication centers are added. Any such adjustments that increase the initial total allocation of the incentive grant by 10 per cent or more shall be approved by the department of telecommunications and cable, upon the petition of the department. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the filing of the petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. (5) The regional and regional secondary PSAP and regional emergency communication center development grant shall support the development and startup of regional and regional secondary PSAPs and regional emergency communication centers, including the expansion or upgrade of existing regional and regional secondary PSAPs, to maximize effective emergency 911 and dispatch services as well as regional interoperability. The eligibility for criteria, amount and allocation of funding shall be contained in guidelines established by the department, with commission approval. The grant shall reimburse allowable expenses related to such development and startup, or expansion or upgrade. Any subsequent adjustments that increase the initial funding allocated to this grant by 10 per cent or more shall be approved by the department of telecommunications and cable, upon the petition of the department. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the filing of the petition, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within 90 days. (j) The department shall file a written annual report with the governor and shall file a copy thereof with the state secretary, the clerks of the house of representatives and the senate who shall forward such report to the joint committee on public safety and homeland security and the house and senate ways and means committees. The department shall review and monitor the expenditures incurred under the grant programs established in this section to ensure compliance with grant guidelines. The department shall include a reporting of grant expenditures by municipality in the written annual report. Not later than June 30, every 3 years, the department shall prepare a report documenting the expenditures of each recipient of funds from surcharge revenues to ensure compliance with applicable statutes and regulations. (k) The department may enter into contracts and agreements with, and accept gifts, grants, contributions and bequests of funds from, any department, agency or subdivision of federal, state, county or municipal government and any individual, foundation, corporation, association or public authority for the purpose of providing or receiving services, facilities or staff assistance in connection with its work. Such funds shall be deposited with the state treasurer and credited to the Enhanced 911 Fund. (l) No provision of this section shall be construed or interpreted to alter the regulation of providers of telecommunications services under chapter 159. (m) The department shall work with the Massachusetts office on disability, the Massachusetts commission for the deaf and hard of hearing, the disability community and with municipalities to ensure that communication services providers are aware of the availability and use of adaptive technology, and to ensure that enhanced 911 service is accessible to people with disabilities.

M.G.L. c. 6A, § 18C Public safety answering points; transmittal and process of requests for emergency services; requests from outside jurisdiction

c. 6A, § 18C. Public safety answering points; transmittal and process of requests for emergency services; requests from outside jurisdiction Section 18C. (a) Each PSAP shall be capable of transmitting a request for law enforcement, firefighting, medical, ambulance, emergency service provider or other emergency services to a public or private safety department that provides the requested services. (b) Each primary and regional PSAP shall be equipped with a system approved by the department for the processing of requests for emergency services from persons with disabilities. (c) Each primary and regional PSAP shall be equipped with a system approved by the department for the processing of requests for emergency services from persons with mental health or substance use conditions. (d) A public safety department or private safety department that receives a request for emergency service outside of its jurisdiction shall promptly forward the request to the PSAP or public safety department responsible for that geographical area. Any emergency unit dispatched to a location outside its jurisdiction in the commonwealth in response to such request shall render service to the requesting party until relieved by the public safety department responsible for that geographical area. (e) Except as approved by the department, no person shall permit an automatic alarm or other alerting device to dial the numbers 911 automatically or provide a prerecorded message in order to access emergency services directly. (f) Municipalities may enter into written cooperative agreements to carry out subsections (a) through (d).

M.G.L. c. 6A, § 18D Public safety answering points; establishment; proposed municipal plans; statewide plan

c. 6A, § 18D. Public safety answering points; establishment; proposed municipal plans; statewide plan Section 18D. (a) Each municipality in the commonwealth, under the requirements of chapter 150E, shall establish, staff and operate, in conjunction with 1 or more other municipalities or governmental bodies, as determined by the department, or by itself, a PSAP on a 24 hour a day, 7 days a week basis, in a manner and according to a schedule to be approved by the department. (b) The department shall review each proposed municipal or regional plan to determine if it meets the requirements of sections 18A to 18J, inclusive, and the technical and operational standards established by the department. The department shall require primary and regional PSAPs to display automatic number identification, automatic location identification and may require other enhanced 911 features that are or may become available and set forth in the department's regulations, standards and guidelines for administration of statewide enhanced 911 services. The primary and regional PSAP shall be designed according to the plan as specified in subsection (c). (c) The department shall develop and maintain a statewide plan for the implementation and maintenance of enhanced 911 service consistent with federal law and regulation, including next generation 911 and IP–enabled 911 services and, if the technological and operational capability and financial feasibility exists, the routing of 911 wireless calls to primary and regional PSAPs. Such plan shall include the following: (1) a division of the commonwealth into geographical segments under which an enhanced 911 system shall be established for each municipality, or by groups of municipalities, or by other governmental bodies, or groups of other governmental bodies, or by a combination of municipalities or governmental bodies, as specified and approved by the department; (2) an implementation schedule, developed after consultation with communication services providers for the sequence of converting to enhanced 911 systems or next generation 911 systems; (3) a designation, within each enhanced 911 system, of the municipalities and the public safety departments within such municipalities to serve as the primary or regional PSAPs. The department shall also evaluate the need for secondary and regional secondary PSAPs in municipalities which have requested them. It shall be the responsibility of the department to make the final determination regarding the total number and location of such PSAPs; and (4) the department shall, not later than September 30, annually, review the existing configuration of primary, regional, regional secondary, limited secondary and ringing PSAPs and develop changes or recommendations for change by December 31, annually.

M.G.L. c. 6A, § 18E Civil proceedings by attorney general

c. 6A, § 18E. Civil proceedings by attorney general Section 18E. The attorney general may, at the request of the department or on the attorney general's own initiative, institute civil proceedings against any municipality or other governmental body operating a PSAP, or any enhanced 911 service provider or communication services provider, to enforce sections 18A to 18J, inclusive.

M.G.L. c. 6A, § 18G Retention of 911 recordings

c. 6A, § 18G. Retention of 911 recordings Section 18G. The department shall require that each PSAP that possesses enhanced 911 service shall retain 911 recordings for a period of not less than 1 year.

M.G.L. c. 6A, § 18H Wireless enhanced 911 service surcharge; collection; adjustment; expenditures; revenues; monthly reports; forwarding and use of call data; disposition of call volume

c. 6A, § 18H. Wireless enhanced 911 service surcharge; collection; adjustment; expenditures; revenues; monthly reports; forwarding and use of call data; disposition of call volume Section 18H. (a) There shall be imposed on each subscriber or end user whose communication services are capable of accessing and utilizing an enhanced 911 system, a surcharge in the amount of 75 cents per month for expenses associated with services provided under sections 18A to 18J, inclusive, and sections 14A and 15E of chapter 166. For wireline enhanced 911 service, the charge shall be imposed on each voice grade exchange telephone line of business and residence customers within the commonwealth, but the surcharge applicable to centrex service and ISDN primary rate interface service shall be based on an equivalency ratio provided to each private branch exchange trunk. For wireless enhanced 911 service, the charge shall be imposed per wireless mobile telephone number, based on the area code chosen by the subscriber or end user. With the approval of the department, a wireless carrier may impose this surcharge based on the subscriber's or end user's billing address or other manner consistent with federal law. For interconnected VoIP provider service, the charge shall be imposed on each voice grade telephone line of business and residence customers within the commonwealth, but the surcharge applicable to such interconnected VoIP provider service that is comparable to centrex service and ISDN primary rate interface service associated with wireline enhanced 911 service shall be based on an equivalency ratio similar to that used for wireline enhanced 911 service. For IP–enabled service, the charge shall be imposed based on the subscriber's or end user's billing address in the commonwealth except for interconnected VoIP provider service, unless a different method is approved by the department. For prepaid wireless service, the department shall promulgate regulations establishing an equitable and reasonable method for the remittance and collection of the surcharge or surcharge amounts for such service. For all other services not identified above, the surcharge shall be imposed based on the subscriber's billing address in the commonwealth, unless a different method is approved by the department. The surcharge shall be collected by the communication service provider and shall be shown on the subscriber's or end user's bill as ''Disability Access/Enhanced 911 Service Surcharge'', or an appropriate abbreviation. The surcharge shall not be subject to sales or use tax. The subscriber or end user shall be liable for the surcharge imposed under this section, and the communication service provider shall not be financially liable for surcharges billed on behalf of the commonwealth but not collected from subscribers or end users. Partial subscriber or end user payments shall be first applied to outstanding communication service provider charges. (b) The department may petition the department of telecommunications and cable for an adjustment in the surcharge established in subsection (a). The department of telecommunications and cable shall be responsible for establishing the new surcharge, and all future surcharges, upon petition of the department. The department of telecommunications and cable, at its discretion but not more than once per calendar year, may investigate the prudence of the department's revenue and expenditures for the purpose of recalculating the surcharge, and may hire experts to assist in its investigation. The reasonable cost of such experts shall be charged to the Enhanced 911 Fund, but in no event shall such cost exceed $200,000, which may be adjusted to reflect changes in the consumer price index. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the commencement of the investigation, but the surcharge shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall adopt rules that provide for the funding of prudently incurred expenses associated with services provided by sections 18A to 18J, inclusive, and sections 14A and 15E of chapter 166, by means of the surcharge. The department shall report annually to the department of telecommunications and cable on the financial condition of the Enhanced 911 Fund and on the department's assessment of new developments affecting the enhanced 911 system. The report shall be submitted to the department of telecommunications and cable within 60 days of the end of each fiscal year. The department of telecommunications and cable shall file an annual report with the clerks of the house of representatives and the senate relative to the financial condition of the Enhanced 911 Fund. (c) The department shall seek the approval of the department of telecommunications and cable for projected total expenditures that exceed total expenditures of the previous fiscal year by 10 per cent or more. The department of telecommunications and cable may investigate the reasonableness of the expenditures and shall conduct its review and issue a decision within 90 days from the date the department files its request for approval, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall notify the department of its intent to investigate within 20 days of the date the department files its request for approval. The department's request for approval shall be deemed approved in the absence of the department of telecommunication and cable's notification to the department of its intent to investigate. If the department of telecommunication and cable notifies the department that it intends to investigate an expenditure, the department of telecommunications and cable may hire experts to assist in its investigation. The reasonable cost of the experts shall be charged to the Enhanced 911 Fund, but in no event shall such cost exceed $200,000, which may be adjusted to reflect changes in the consumer price index. (d) Each communication service provider shall remit the surcharge revenues collected from its subscribers or end users to the state treasurer for deposit in the Enhanced 911 Fund. The surcharge revenues shall be expended for the administration and programs of the department including, but not limited to, salaries, enhanced 911 training programs, enhanced 911 public education programs, the creation of PSAP customer premises equipment for, and maintenance of, primary and regional PSAPs, the programs mandated by section 18B and sections 14A and 15E of chapter 166, and for the implementation and administration of enhanced 911 service in the commonwealth. (e) Each communication service provider required to remit surcharge revenues shall submit to the department and the department of telecommunications and cable information on its business entity including, but not limited to, name, business address, contact person and the telephone number, fax number and e-mail address of such contact person. Each such provider shall update this information annually. (f) Each communication service provider shall report to the department on a monthly basis the total surcharge revenues collected from its subscribers or end users during the preceding month, the total uncollected surcharge revenues from subscribers or end users during the preceding month, the total amount billed to the department for administration costs to cover the expenses of billing, collecting and remitting the surcharge during the preceding month, and the total amount billed to the department for non-recurring and recurring costs associated with any service, operation, administration or maintenance of enhanced 911 service during the preceding month. Such monthly report shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66. (g) A communication service provider shall forward to any PSAP or any other answering point equipped for enhanced 911 service, or upon request consistent with federal law, to a municipal, state, or federal law enforcement agency, the department of telecommunications and cable, the FCC or the department, the telephone number and street address or location of any telephone used to place a 911 call, and any other call data or information required by the FCC to be transmitted to a PSAP. Subscriber or end user information or data provided in accordance with this section shall be used, consistent with federal law, only for the purpose of responding to emergency calls, administering and operating the enhanced 911 system and providing enhanced 911 service, or for use in any ensuing investigation or prosecution, including the investigation of false or intentionally misleading reports of incidents requiring emergency service. No communication service provider or officers, directors, employees, vendors or agents shall be liable in any action to any person for releases of information authorized by this section or for civil action resulting from or caused by such providers for participation or omissions in the development, installation, operation, maintenance, performance or provision of enhanced 911 service except for wanton or willful misconduct. Release to or use by any person of a communication service provider's subscriber or end user information or data for any use other than the purposes enumerated in this subsection shall be prohibited. Notwithstanding any general or special law to the contrary, such information or data shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, except that aggregated information that does not identify or effectively identify specific subscriber or end user information or data may be made public. (h) The department shall examine call volumes of all primary, regional and regional secondary PSAPs, and the population changes of the municipalities they serve, and may use such information in determining the disbursement of funds as set forth in section 18B.

M.G.L. c. 6A, § 18I Monitoring of emergency 911 communications

c. 6A, § 18I. Monitoring of emergency 911 communications Section 18I. Notwithstanding any general or special law to the contrary, a municipality or other governmental body, under the requirements of chapter 150E, may modify, change or alter communication equipment used in the municipality's or other governmental body's enhanced 911 system in order to permit the monitoring of emergency 911 communications by the fire department of the municipality or other governmental body at a secure location staffed at all times by fire department personnel fully trained in such monitoring. The emergency 911 communications shall be monitored in a manner that prevents any broadcast of such communications to the general public. The secure location used for monitoring emergency 911 communications shall be restricted to trained fire department personnel when such communications are being monitored. No such modification or change in a municipality's or other governmental body's wireline carrier equipment or enhanced 911 system shall cause any degradation of the state's 911 system.

M.G.L. c. 6A, § 18J Multi-line telephone system required to provide enhanced 911 service; exemptions

c. 6A, § 18J. Multi-line telephone system required to provide enhanced 911 service; exemptions Section 18J. Beginning July 1, 2009, any new or substantially renovated multi-line telephone system shall provide the same level of enhanced 911 service that is provided to others in the commonwealth. The department shall adopt regulations to implement this requirement. In such regulations the department may exempt certain multi-line telephone systems from this requirement based on such factors as costs and the public benefits of compliance, except that accessibility of such a system to people with disabilities may only be waived if the proponent of the waiver has shown it to be technologically infeasible or of excessive cost without benefit to the disability community. For the purposes of this section, a ''multi-line telephone system'' shall mean a system comprised of common control units, telephones and control hardware and software providing local telephone service to multiple end-use customers in businesses, apartments, townhouses, condominiums, schools, dormitories, hotels, motels, resorts, extended care facilities, or similar entities, facilities or structures. ''Multi-line telephone system'' shall include: (1) network and premises based systems such as centrex, pbx and hybrid key telephone systems; and (2) systems owned or leased by governmental agencies, nonprofit entities and for-profit businesses.

M.G.L. c. 6A, § 18K Construction of Secs. 18A to 18J

c. 6A, § 18K. Construction of Secs. 18A to 18J Section 18K. Sections 18A to 18J, inclusive, shall not be construed to limit or expand the authority to regulate communication service providers under chapters 159 or 166 nor construed to authorize the department, or any other agency, department or subdivision of government, to regulate the rates, terms or conditions of interconnected VoIP service providers or IP–enabled services, other than for the enhanced 911 surcharge or the provision of enhanced 911 services under said sections 18A to 18J, inclusive.

M.G.L. c. 6A, § 18L Silver alert community response system

c. 6A, § 18L. Silver alert community response system Section 18L. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''EMS first responder'', a person providing emergency medical services as defined in section 1 of chapter 111C. ''First responders'', members of police and fire departments, members of the state police participating in highway patrol and members of emergency reserve units of a volunteer fire department or fire protection district trained to administer first aid; provided, however, that first responders shall not include police officers, fire fighters and persons engaged in police and fire work whose duties are primarily clerical or administrative. ''Private safety department'', an entity that provides emergency police, fire, ambulance or medical services, excluding a municipality or a public safety department. ''Public safety department'', a functional division of a municipality or a state that provides fire fighting, law enforcement, ambulance, medical or other emergency services. ''Secretary'', the secretary of public safety. (b) There is hereby created, subject to available funds, a silver alert community response system. The silver alert system shall be used, when appropriate, to alert public safety departments and private safety departments, when an adult with serious memory impairment such as Alzheimer's disease or other dementia is reported to a police department as a missing person. The silver alert system shall direct and focus law enforcement and other key response resources in a cost-effective way within a geographic area consistent with the missing person's last known location and in accordance with the best available research data related to activities of persons with Alzheimer's disease or other dementia. (c) The executive office of public safety, in conjunction with the department of state police, shall, subject to available funds, develop and implement the silver alert system. The secretary shall adopt rules and regulations, as necessary, to ensure proper implementation of the silver alert system. In promulgating such rules and regulations, the secretary shall consult with: the secretary of aging and independence, the attorney general, the executive director of the state 911 department, a representative of the state police, a representative of the Massachusetts Chiefs of Police Association, a representative of the Massachusetts Sheriffs' Association, a park ranger with the department of conservation and recreation, a representative of the Massachusetts/New Hampshire chapter of the National Alzheimer's Association and a representative of the Alzheimer's Services of Cape Cod and the Islands. (d) All first responders, EMS first responders, 911 operators and other appropriate personnel as determined by the secretary shall be trained on the silver alert system application and protocols. Re-training shall be included in the in-service training curriculum for such personnel. Training shall include information relative to drivers whose memory impairments may put them at high risk for accidents or becoming lost while driving. (e) The secretary shall develop a plan to ensure that the silver alert system shall utilize a localized reverse 911 emergency phone system.

M.G.L. c. 6A, § 18M Criminal justice commission; members; areas of examination; technical assistance; information access; annual report

c. 6A, § 18M. Criminal justice commission; members; areas of examination; technical assistance; information access; annual report Section 18M. (a) There shall be a standing commission to study the commonwealth's criminal justice system which shall include: 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; the secretary of public safety and security, who shall serve as chair; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the president of the Massachusetts Sheriffs Association, Inc. or a designee; the president of the Massachusetts District Attorneys Association or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers, Inc.; and 3 persons to be appointed by the governor, 1 of whom shall have experience in mental health and substance abuse and addiction treatment, 1 of whom shall have experience in providing services or supervision for offenders and 1 of whom shall have experience in juvenile justice. (b) In reviewing the commonwealth's criminal justice system, the commission shall examine a variety of areas including, but not limited to: the prisoner classification systems; mandatory minimum sentences and sentencing guidelines, including the authority of the sentencing commission to revisit such sentences and guidelines; the provision of cost-effective healthcare in corrections settings; the probation and parole systems, with particular emphasis on their relative roles in pretrial diversion and post-release supervision; the operations of the offices of the sheriffs; conditions of confinement, including overcrowding in state prisons and houses of correction and the provision of health care and mental health and substance abuse treatment; recidivism rates; the treatment of juveniles within the criminal justice system; the impact of mental health and substance abuse issues; and best practices for reintegrating prisoners into the community, including an investigation of expanded community supervision. (c) Where feasible, the chair of the commission shall apply for technical assistance from nationally-recognized criminal justice reform programs with a data-driven approach in order to develop legislation that would reduce corrections spending and utilize the savings to reduce crime, strengthen public safety and fund other budget priorities; provided, however, that the commission shall give priority in applying to those programs in which technical assistance comes at no cost to the commonwealth. (d) The commission shall have access to information related to both adults and juveniles including, but not limited to, crime, arrest, conviction, jail, prison, probation and parole supervision data provided by state and local agencies; provided, however that any information sharing shall be in compliance with chapter 66A and shall be provided in a manner that meets all applicable federal and state privacy and security requirements. As necessary, the commission shall: (i) meet with affected stakeholders; (ii) partner with nongovernmental organizations that have expertise that can benefit the commission; and (iii) create advisory subgroups that include affected stakeholders as necessary. (e) The commission shall issue annual reports not later than March 31 on its activities. The report shall include recommendations for legislation to reduce recidivism, improve overall public safety outcomes, provide alternatives for defendants with drug-addictions or mental illness, increase communication and cooperation among public safety entities, reduce overcrowding of facilities, increase reliance upon evidence-based criminal justice methods, improve the collection and reporting of data on adults and juveniles in the corrections system, contain correction costs and otherwise increase efficiencies within the commonwealth's public safety entities. The report shall also list methods used by the department of correction and sheriffs to measure recidivism rates for persons released from the state prison or a house of correction, including after the expiration of a sentence or if approved for parole. The report shall also include a uniform standard for comparing recidivism rates among the department of correction and the houses of correction. The data shall include, where available, a comparison to prior calendar years and any other information the commission deems relevant to measuring recidivism.

M.G.L. c. 6A, § 18N State domestic violence fatality review team; membership; purpose; powers and duties; local review teams; provision of information to review team; confidentiality

c. 6A, § 18N. State domestic violence fatality review team; membership; purpose; powers and duties; local review teams; provision of information to review team; confidentiality Section 18N. (a) As used in this subsection, the following words shall have the following meanings:-- "Domestic violence'', the abuse of a family or household member, as defined in section 1 of chapter 209A. "Fatality'', any death resulting from an incident of domestic violence or attempted domestic violence, including the death of an individual who was not a family or household member of the perpetrator's. "Local review team'', a local domestic violence fatality review team established pursuant to subsection (c). "State review team'', the state domestic violence fatality review team established pursuant to subsection (b). "Team'', either the local review team or the state review team. (b) There shall be a state domestic violence fatality review team within the executive office of public safety and security. Members of the state review team shall be subject to criminal offender record checks to be conducted by the colonel of the state police. All members shall serve without compensation for their duties associated with membership on the state team. All members shall be immune from any liability resulting from the execution of their duties. [ Second paragraph of subsection (b) effective until July 1, 2025. For text effective July 1, 2025, see below.] The state review team shall consist of the following members: the secretary of public safety or a designee employed by the executive office of public safety and security who shall serve as chair; the attorney general or a designee employed by the office of the attorney general; the chief medical examiner or a designee employed by the office of the chief medical examiner; a member selected by the Massachusetts District Attorneys Association; the colonel of the state police or a designee employed by the department of state police; the commissioner of probation or a designee employed by the office of probation; the chief justice of the trial court or a designee; the chief justice of the family and probate court or a designee; and 1 member selected by the Massachusetts office of victim assistance, who shall be employed by the office. [ Second paragraph of subsection (b) as amended by 2025, 9, Sec. 6 effective July 1, 2025. See Sec. 138. For text effective until July 1, 2025, see above.] The state review team shall consist of the following members: the secretary of public safety or a designee employed by the executive office of public safety and security who shall serve as chair; the attorney general or a designee employed by the office of the attorney general; the chief medical examiner or a designee employed by the office of the chief medical examiner; a member selected by the Massachusetts District Attorneys Association; the colonel of the state police or a designee employed by the department of state police; the commissioner of probation or a designee employed by the office of probation; a retired judge of the trial court to be appointed by the governor; and 1 member selected by the Massachusetts office of victim assistance, who shall be employed by the office. The purpose of the state team shall be to decrease the incidence of domestic violence fatalities by: (i) developing an understanding of the causes and incidence of domestic violence fatalities and domestic violence murder-suicides and the circumstances surrounding them; and (ii) advising the governor and the general court by recommending changes in law, policy and practice designed to prevent domestic violence fatalities. The state review team, in conjunction with any local review teams, shall develop a report to be sent to the clerks of the house and senate, the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities, the joint committee on public safety and homeland security, and the joint committee on the judiciary. The report shall be issued not later than December 31 of each year. To achieve its purpose, the state review team shall: (1) develop model investigative and data collection protocols for local review teams; (2) annually review incidents of fatalities within the commonwealth and assign at least 3 reviews, selected at random, to a local review team for investigation and report; provided, that no review shall be assigned unless it is approved by a majority vote of the state review team and all criminal proceedings, including appeals, related to the fatality are complete; (3) provide information to local review teams, law enforcement agencies and domestic violence service providers for the purpose of protecting victims of domestic violence; (4) provide training and written materials to local review teams to assist them in carrying out their duties; (5) review reports from local review teams; (6) analyze community, public and private agency involvement with victims and perpetrators of domestic violence and their families prior to and subsequent to fatalities; (7) develop a protocol for the collection of data regarding fatalities and provide training to local review teams on the protocol, which shall include protocol and training on the issues of confidentiality of records, victims' identities and any personally identifying data; (8) develop and implement rules and procedures necessary for its own operation and the operation of local review teams, which shall include the use of confidentiality agreements for both the state and local review teams; and (9) provide the governor and the general court with annual written reports, subject to any applicable confidentiality restrictions, which shall include, but not be limited to, the state team's findings and recommendations (c) If the state team selects a case for review, a local team shall be assembled to participate in the review. Members of a local review team shall be subject to criminal offender record checks to be conducted by the district attorney of the district. All members shall serve without compensation. All members shall be immune from any liability resulting from the execution of their duties. Each local review team shall be chaired by the local district attorney and shall be comprised of at least the following members, who shall be appointed by the district attorney and who shall reside or work within the district: a medical examiner or pathologist; a chief of police; a probation officer; a member with experience providing non-profit legal services to victims of domestic violence; a member with experience in the delivery of direct services to victims of domestic violence; and any other person with expertise or information relevant to an individual case who may attend meetings on an ad hoc basis, including, but not limited to, local or state law enforcement officers, local providers of social services, providers of community based domestic violence, rape and sexual assault shelter and support services, hospital representatives, medical specialists or subspecialists, teachers, family or friends of a victim and persons recommended by the state review team. The purpose of each local review team shall be to decrease the incidence of preventable domestic violence fatalities by: (i) coordinating the collection of information on fatalities assigned to it for review; (ii) promoting cooperation and coordination between agencies responding to fatalities and providing services to victims or victims' family members; (iii) developing an understanding of the causes and incidence of domestic violence fatalities within its area; and (iv) advising the state review team on changes in law, policy or practice which may affect domestic violence fatalities. To achieve its purpose, each local review team shall, subject to assignment by the state review team: (1) review, establish and implement model protocols from the state review team; (2) execute a confidentiality agreement; (3) review individual fatalities using the established protocol; (4) recommend methods of improving coordination of services between agencies and service providers in its area; (5) collect, maintain and provide confidential data as required by the state review team; and (6) provide law enforcement or other agencies with information for the purposes of the protection of victims of domestic violence and for the accountability of perpetrators. (d) At the request of the local district attorney, the local review team shall be immediately provided with: (1) information and records relevant to the cause of the fatality, including those of the perpetrator or any other party involved with the fatality maintained by providers of medical or other care, treatment or services, including dental and mental health and behavioral care; (2) information and records relevant to the cause of the fatality or any party involved with the fatality maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, incident reports, parole and probation records and law enforcement's data post-disposition; provided, that certain law enforcement records may be exempted by the local district attorney; (3) information and records of any provider of social services, including the department of children and families and non-profit agencies, related to the victim or victim's family or any party involved with the fatality, including the perpetrator, that the local team deems relevant to the review; and (4) demographic information relevant to the victim and the victim's immediate family or any party involved with the fatality, including, but not limited to, address, age, race, country of origin, gender and economic status. The district attorney may enforce this subsection by seeking an order of the superior court. (e) Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of 111E, chapter 112, chapter 123 or sections 20B, 20J, 20K or 20M of chapter 233 or any other law relating to confidential communications which would otherwise be held by the victim of a fatality or protect records and information directly related to such victim shall not prohibit the disclosure of such records or information, as it directly relates to that victim, to the chair of the state review team or a local review team. Any privilege or restriction on disclosure pursuant to the aforementioned statutes, or any other law relating to confidential communications not directly related to the victim of a fatality shall remain in effect; provided, however, that such privilege or restriction may be waived, in writing, by the person holding it, for the limited purposes of disclosure to the state review team or a local review team. Any information considered confidential pursuant to the aforementioned statutes received by the chair of the state review team or a local review team may be submitted for a team's review upon the determination of that team's chair that the review of the information is necessary. The chair shall ensure that no information submitted for a team's review is disseminated to parties outside the team. Under no circumstances shall any member of a team violate the confidentiality provisions set forth in the aforementioned statutes. Except as necessary to carry out a team's purpose and duties, members of a team and persons attending a team meeting shall not disclose any information relating to the team's business. Team meetings shall be closed to the public. Information and records acquired by a team pursuant to this section shall be confidential, shall not be considered public records, as defined in clause twenty-sixth of section 7 of chapter 4, shall be exempt from disclosure pursuant to chapter 66 and may only be disclosed as necessary to carry out a team's duties and purposes. All such records shall be maintained by the chair of the team. Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public. (f) Members of a team, persons attending a team meeting and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting. (g) Information, documents and records of a team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of a team or are maintained by a team.

M.G.L. c. 6A, § 18O Regional 911 emergency communication district; planning committee

c. 6A, § 18O. Regional 911 emergency communication district; planning committee Section 18O. (a) As used in sections 18O to 18V, inclusive, the term ''regional 911 emergency communication center'' shall mean a facility housing or otherwise supporting a regional emergency communication center or a regional PSAP, as those terms are defined in section 18A, if the regional 911 emergency communication center is approved by the state 911 department. (b) Two or more municipalities, by approval of the chief executive officer of a city or by vote of a board of selectmen or town council, may create a regional 911 emergency communication district planning committee, hereinafter called the district planning committee, consisting of 3 unpaid persons to be appointed by the mayor in each participating city and by the chairman of the board of selectmen or town council in each participating town. (c) The district planning committee shall study the feasibility of establishing and constructing a regional 911 emergency communication district and propose the district's organization, governance structure, operation, location, estimate of construction or siting and operating costs, maintenance and methods of financing. Each municipality comprising the district planning committee may appropriate sums to compensate the committee's expenses. The district planning committee may expend any sums so appropriated and may employ any expert assistance as it considers necessary to carry out sections 18O to 18V, inclusive. The district planning committee may apply for, accept and expend, without appropriation, grants or gifts of funds from the federal government, the commonwealth or any other source.

M.G.L. c. 6A, § 18P Regional 911 emergency communication district; proposals to establish centers; purposes; contents; reports

c. 6A, § 18P. Regional 911 emergency communication district; proposals to establish centers; purposes; contents; reports Section 18P. (a) If the regional 911 emergency communication district planning committee recommends the establishment of a regional 911 emergency communication district, it shall propose a written district agreement to establish, construct or site, equip, administer, operate and maintain a regional 911 emergency communication center. (b) The proposed district agreement shall include, but not be limited to, terms and conditions to achieve the following purposes: (1) providing the district's conditions of membership and financial terms; (2) identifying construction or siting and operating costs of the center; (3) establishing a regional 911 emergency communication district board to oversee the construction or siting, administration, operation and finance of the center and provide the board with the powers, duties and liabilities of a regional 911 emergency communication district, which powers shall be vested in and exercised by the district board established under the agreement; (4) establishing any subcommittees necessary for the administration of the center; (5) preparing and adopting an annual operating budget; (6) establishing a procedure to invite and include additional municipalities into the district; (7) determining a process to amend the district agreement; (8) identifying the terms and procedure by which a municipality may withdraw from the district; and (9) including any additional provisions the district planning committee considers necessary for the administration and operation of the center. (c) A proposed district agreement shall provide, but need not be limited to, the following provisions: (1) the number, selection process and length of terms of office of the district board members; (2) selection of a chair by ballot from the district board's membership; (3) appointment by the district board of a district secretary and treasurer, who may be the same person, and the designation, if any, of 1 or more of its members to approve payrolls or bills for salary or compensation of district board members or employees; provided, however, that the members approving such payroll or bill shall make available to the board at its next meeting the record of that action; (4) powers and duties of the treasurer, including the power to receive and take charge of all money belonging to the district; provided, however, that the treasurer shall pay any bill of the district which shall have been approved by the district board; provided, further, that the treasurer shall be subject to sections 35, 52 and 109A of chapter 41; (5) compensation of the treasurer for services rendered in the course of duty as may be granted by vote of the district planning committee; and (6) approval of fiscal matters as described in subsections (g) and (h) of section 18R by a finance advisory subcommittee, including approval of an annual operating budget as described in subsection (e); provided, however, that the finance advisory subcommittee shall consist of the chief executive officer or chief executive financial officer of member cities, as designated by each city's chief executive officer, and the town administrator, town manager or chief financial officer for member towns, as designated by each town's chief executive officer and that no member of the finance advisory subcommittee shall also serve on any other board or subcommittee established under this section. (d) The district planning committee shall forward a report of its findings, recommendations and proposed district agreement, if any, to the city council and the board of selectmen or town council of the committee's participating municipalities and to the state 911 department. (e) Nothing in sections 18O to 18V, inclusive, shall prohibit any governmental body from participating in studying, establishing, administering or serving as a full or ex-officio member of a regional 911 emergency communication district planning committee or a regional 911 emergency communication district, its board or any subcommittees thereof.

M.G.L. c. 6A, § 18Q Regional 911 emergency communication district; vote on establishment

c. 6A, § 18Q. Regional 911 emergency communication district; vote on establishment Section 18Q. If a district planning committee recommends that a regional 911 emergency communication district be established, the city councils or the boards of selectmen or town councils of member municipalities shall vote on whether to accept the proposed district agreement. For each council or board, the following question to be voted on shall be as follows:— ''Shall the municipality accept the provisions of sections 18O to 18V, inclusive, of chapter 6A of the General Laws providing for the establishment of a regional 911 emergency communication district, together with the cities of ___ and the towns of , and the construction or siting, administration, operation and maintenance of a regional 911 emergency communication center by the district under the provisions of the proposed district agreement filed with the city council, board of selectmen or town council?'' If a majority of the members of each city council, board of selectmen or town council voting on the question vote in the affirmative, the proposed regional 911 emergency communication district shall be established under the terms of the proposed district agreement.

M.G.L. c. 6A, § 18R Regional 911 emergency communication district; powers

c. 6A, § 18R. Regional 911 emergency communication district; powers Section 18R. A regional 911 emergency communication district, established under section 18Q, shall be a public employer and body politic and corporate with the power to: (a) adopt a name and a corporate seal and the engraved or printed facsimile of such seal appearing on a bond or note of the district shall have the same legal effect as a seal would have if it were impressed thereon; (b) construct or site, equip, administer, operate and maintain a regional 911 emergency communication center for the benefit of the district's member municipalities; (c) purchase or lease land or building space for the district; (d) employ an executive director, who shall possess the education, training and experience to perform the duties required of the position and such other employees as it considers necessary to operate the district and to establish the duties, compensation, benefits and other terms and conditions of employment of additional personnel; (e) adopt an annual operating budget that shall be approved by the finance advisory subcommittee; (f) enter into any contracts and agreements necessary for the exercise of the district's powers and functions, including contracts and agreements to purchase equipment, buildings, supplies, materials and services; provided, however, that the district may enter into contracts and agreements for 911 emergency services with non-member municipalities and governmental bodies and other persons or entities; (g) incur debt for a term not exceeding 25 years to acquire land, buildings and equipment to construct or site and maintain a regional 911 emergency communication center; provided, however, that written notice of the amount of the debt and of the general purposes for which it would be authorized shall first be given by the district board to the finance advisory subcommittee for approval, which shall require a majority vote. The finance advisory subcommittee shall vote on the proposed debt within 14 days of receiving notice. If the finance advisory subcommittee approves the debt, the debt may be authorized by the district board and written notice of the amount of the debt and of its general purposes shall be given to the city council and to the board of selectmen or town council of each member municipality not later than 7 days after the date on which the debt was authorized by the district board. No debt shall be incurred until the expiration of 60 days from the date the debt was authorized by the district board. If, prior to the expiration period, the city council or the board of selectmen or town council of any member municipality votes to disapprove of the amount authorized by the district board, the debt shall not be incurred; (h) issue bonds and notes in the name and upon the full faith and credit of the district; provided, however, that written notice of the amount of the bonds or notes and of the general purposes for which they would be authorized shall be provided to the finance advisory subcommittee for approval, which shall require a majority vote; provided, further, that if the finance advisory subcommittee votes to approve the bonds or notes, the bonds or notes shall be signed by the chairman and the treasurer of the district board; provided, further, that the chairman, by a writing bearing the chairman's written signature and filed in the office of the treasurer which writing shall be open to public inspection, may authorize the treasurer to cause to be engraved or printed on bonds or notes a facsimile of such chairman's signature, and such facsimile signature so engraved or printed shall have the same validity and effect as the chairman's written signature. Each issue of bonds or notes shall be a separate loan; (i) sue and be sued, only to the same extent and upon the same conditions that a municipality may be sued; (j) receive and disburse funds for any district purpose; (k) incur short-term debt in anticipation of revenue to be received from member municipalities; (l) assess member municipalities for any district expenses; (m) apply for and receive any grants or gifts for the district purposes; (n) engage legal counsel; and (o) submit an annual report to each member municipality, which report shall contain a detailed financial statement and a statement showing the method by which the annual charges assessed against each municipality were computed.

M.G.L. c. 6A, § 18S Regional 911 emergency communication district; annual budget; apportionment among member municipalities

c. 6A, § 18S. Regional 911 emergency communication district; annual budget; apportionment among member municipalities Section 18S. The regional 911 emergency communication district board shall annually determine the necessary amounts to maintain and operate the district during the ensuing fiscal year and the amounts required to pay any debt and interest incurred by the district. The district board shall apportion the amount so determined among the member municipalities under the terms of the district agreement. The amounts apportioned for each member municipality shall be certified by the district treasurer to the chief executive officers, board of assessors and treasurers of the participating municipalities not later than February 1, annually, and the amounts so certified shall be appropriated and paid to the district treasurer at the times specified in the district agreement. If any participating municipality fails to include any apportioned amount so certified in its appropriations for the fiscal year, the board of assessors shall raise the amount in the tax levy of that year under section 23 of chapter 59.

M.G.L. c. 6A, § 18T Regional 911 emergency communication district; duties of board; records; financial statements; annual report; audits

c. 6A, § 18T. Regional 911 emergency communication district; duties of board; records; financial statements; annual report; audits Section 18T. The regional 911 emergency communication district board shall maintain accurate and comprehensive records of services performed, costs incurred and reimbursements and contributions received. The district board shall issue quarterly and annual financial statements to all member municipalities and to the finance advisory subcommittee. The annual report shall include the center's maintenance and operating budget, including the amounts assessed to each member municipality, and any debt and interest incurred by the district under section 18R. The district board shall perform regular audits of the accounts of the records of the district. Upon the completion of each audit, the district board shall forward a copy of the audit to the mayor, the chairman of the board of selectmen or town council of each member municipality, the finance advisory subcommittee, the state auditor, the state 911 department and the division of local services.

M.G.L. c. 6A, § 18U Regional 911 emergency communication district; applicability of certain provisions within chapter 44

c. 6A, § 18U. Regional 911 emergency communication district; applicability of certain provisions within chapter 44 Section 18U. Sections 16 to 28, inclusive, of chapter 44 shall apply to regional 911 emergency communication districts. Section 16 of said chapter 44, relative to the countersigning of bonds and notes, and section 24 of said chapter 44, relative to the countersigning and approval of notes and the certificates of the clerk relating thereto, shall not apply to regional 911 emergency communication districts. Any debt incurred by a regional 911 emergency communication district shall not be subject to the limit of indebtedness prescribed in section 10 of said chapter 44.

M.G.L. c. 6A, § 18V Regional 911 emergency communication district; provisions for sale, lease or license of facility, building and land

c. 6A, § 18V. Regional 911 emergency communication district; provisions for sale, lease or license of facility, building and land Section 18V. A district agreement established under section 18Q or any amendment to the district agreement may contain provisions authorizing any member municipality to sell, lease or license to the regional 911 emergency communication district any facility, building and any land appurtenant thereto or used in connection therewith or any other property useful for the purposes of the district. Notwithstanding section 3 of chapter 40 or any other general or special law to the contrary, any member municipality may authorize a sale, lease or license. For a sale, the terms and time of payment and the method by which the municipalities other than the selling municipality shall be assessed for payment shall be established in the district agreement or amendment; provided, however, that in no case shall payments be made which shall exceed 25 years. For a lease or license, the terms and time of payment and assessment shall be established in the district agreement or amendment. The term of a lease or license shall not exceed 25 years and may contain provisions for the extension of the lease or license for an additional term not to exceed 25 years at the option of the regional 911 emergency communication district board.

M.G.L. c. 6A, § 18W Special commission to investigate and study improving information and resource sharing between certain public bodies related to criminal justice; membership; duties

c. 6A, § 18W. Special commission to investigate and study improving information and resource sharing between certain public bodies related to criminal justice; membership; duties Section 18W. There shall be a special commission established to investigate and study improving information and resource sharing among the office of probation, department of criminal justice information services, parole board, department of corrections, and all sheriffs in the commonwealth. The commission shall consist of the secretary of public safety and security or the secretary's designee, who shall serve as chair; the commissioner of probation or the commissioner's designee; commissioner of department of criminal justice information services or the commissioner's designee; the chair of the parole board or the chair's designee; the commissioner of correction or the commissioner's designee; the commissioner of youth services, or the commissioner's designee; and the president of the Massachusetts Sheriffs Association or the president's designee. The investigation shall include, but not be limited to: (a) identifying and eliminating redundant and duplicative practices, while promoting public safety and cost-effectiveness; (b) developing a common risk and needs assessment tool for supervised individuals, to be used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs; (c) developing policies and protocols for individuals who have been sentenced to supervision under more than one of the agencies or departments concurrently to ensure that said supervision is meted in an orderly and effective manner for those individuals who are subject to dual supervision; (d) establishing procedures for the sharing of information on supervised individuals, including procedure for addressing any privacy issues raised by the sharing of information between agencies; provided, however, that if the commission discovers legal impediments to sharing information between the organizations it shall draft and report legislative recommendations to address such impediments; (e) investigating the creation of a common office of performance management to track the effectiveness and outcomes of programs used by the office of probation, trial court office of community supervision, parole board, department of corrections and sheriffs; and (f) investigating the effectiveness of the office of community corrections, potential improvements to its function and organization, including the feasibility and advisability of relocating it to the executive office of public safety and security. The commission shall annually report on its activities and on any findings and recommendations to the chairs of the joint committee on the judiciary, the chairs of the joint committee on public safety and homeland security and chairs of the senate and house committees on ways and means not later than December 31.

M.G.L. c. 6A, § 18X Statewide sexual assault evidence kit tracking system

c. 6A, § 18X. Statewide sexual assault evidence kit tracking system Section 18X. (a) The executive office of public safety and security shall establish and maintain a statewide sexual assault evidence kit tracking system. The secretary of public safety and security, hereinafter referred to as the secretary, in conjunction with the department of public health, shall convene a multidisciplinary task force composed of members that include law enforcement professionals, crime lab personnel, prosecutors, victim advocates, victim attorneys, survivors and sexual assault nurse examiners or sexual assault forensic examiners to help develop recommendations for a tracking system, methods to improve transportation of sexual assault evidence kits and funding sources. The secretary may contract with state or non-state entities including, but not limited to, private software and technology providers, for the creation, operation and maintenance of the system. A sexual assault evidence kit shall include the standardized kit for the collection and preservation of evidence in sexual assault or rape cases as designed by the municipal police training committee pursuant to section 97B of chapter 41. (b) The statewide sexual assault evidence kit tracking system shall: (i) track the location and status of sexual assault evidence kits throughout the criminal justice process, including: (1) the initial collection in examinations performed at hospitals or medical facilities; (2) receipt and storage at a governmental entity, including a local law enforcement agency, the department of state police, a district attorney's office or any other political subdivision of the commonwealth or of a county, city or town; (3) a hospital or medical facility that is in possession of forensic evidence pursuant to section 97B of chapter 41; (4) receipt and analysis at forensic laboratories; and (5) storage and any destruction after completion of analysis; (ii) allow hospitals or medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the crime laboratory within the department of state police, or any crime laboratory operated by the police department of a municipality with a population of more than 150,000, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits; (iii) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault kits; and (iv) use electronic technology or technologies allowing continuous access. (c) Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault evidence kit tracking system, so long as the release was without gross negligence. (d) Local law enforcement agencies shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. (e) The director of the crime laboratory within the department of state police and the director of any crime laboratory operated by the police department of a municipality with a population of more than 150,000 shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits in the custody of the department of state police and other entities contracting with the department of state police or such crime laboratory operated by a police department of a municipality with a population of more than 150,000. (f) A hospital or medical facility licensed pursuant to chapter 111 shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits collected by or in the custody of hospitals and other entities contracting with hospitals. (g) District attorney offices shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits.

M.G.L. c. 6A, § 18Y Annual reporting by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store or preserve sexual assault evidence kits

c. 6A, § 18Y. Annual reporting by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store or preserve sexual assault evidence kits Section 18Y. Annually, on or before September 1st, the following reports regarding the previous fiscal year shall be submitted to the executive office of public safety and security by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store or preserve sexual assault evidence kit. The reports shall contain: (i) the total number of all kits containing forensic samples collected or received; (ii) the date of collection or receipt of each kit; (iii) the category of each kit; (iv) the sexual assault that was reported to law enforcement; (v) whether or not the victim chose not to file a report with law enforcement (non-investigatory); (vi) the status of the kit; (vii) the total number of all kits remaining in possession of the medical facility, law enforcement or laboratory and all reasons for any kit in possession for more than 30 days; (viii) the total number of kits destroyed by medical facilities, law enforcement or laboratories, and reason for destruction; (ix) in the case of a medical facility, the date the kit was collected, the date the kit was reported to law enforcement and the date the kit was picked up by law enforcement; (x) in the case of law enforcement, the date the kit was picked up from a medical facility, the date the kit was delivered to the crime laboratory and, for kits belonging to another jurisdiction, the date that the jurisdiction was notified and the date it was picked up; and (xi) in the case of crime laboratories the date the kit was received, from which agency the kit was received, the date the kit was tested, the date the resulting information was entered into CODIS and the state DNA databases and all reasons a kit was not tested or a DNA profile was not created. The executive office of public safety and security shall compile the information in a summary report that includes a list of all agencies or facilities that failed to participate in the audit. The annual summary report shall be made publicly available on the executive office of public safety and security's website and shall be submitted to the governor, the attorney general, the clerks of the house of representatives and the senate, and the house and senate chairs of the joint committee on the judiciary. The executive office of public safety and security may obtain information from the tracking system established in section 18X and by additional means, such as manual counts and review of records such as case files.

M.G.L. c. 6A, § 18Z State and national fingerprint-based criminal background checks for agency employees in, or applicants for, positions requiring or including access to federal tax information

c. 6A, § 18Z. State and national fingerprint-based criminal background checks for agency employees in, or applicants for, positions requiring or including access to federal tax information Section 18Z. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Access'', the direct and indirect use, contact, handling or viewing of federal tax information, in paper or electronic form, regardless of the frequency, likelihood or extent of such access or whether the access is intentional or inadvertent. ''Agency'' or ''State Agency'', a state agency within an executive office of the commonwealth established under section 2 of chapter 6A. ''Agency head'', the head of a state agency or a designee or designees. ''Applicant for employment'', an individual who has applied for or may be offered employment, transfer or promotional opportunities with a state agency, including employment as a full-time or part-time employee, apprentice, intern, temporary or seasonal employee, volunteer, contractor, sub-contractor, consultant and employees of a consultant. ''Current agency employee'', a full-time or part-time employee, apprentice, intern, temporary or seasonal employee, volunteer, contractor, sub-contractor, consultant and employees of a consultant. ''Federal tax information'', federal tax returns or information created or derived from federal tax returns that is in an agency's possession or control, which is covered by the confidentiality protections of the Internal Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including oversight by the Internal Revenue Service. (b) An agency head shall obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92–544, to determine the suitability of an applicant for employment or current agency employee, if the position applied for or held requires or includes, or may require or include, access to federal tax information. (c) An agency for which access to federal tax information is necessary to the agency's core objective, as determined by the agency head, may consider all applicants for employment and current agency employees subject to the background check requirements of this section; provided, that the department of revenue shall be considered an agency for which access to federal tax information is necessary to the agency's core objectives of administration of the tax laws and the child support enforcement program. An agency head may determine that specific positions are excluded from the requirements of this section. (d) Fingerprints taken pursuant to this section shall be submitted to the state identification section of the department of the state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the state identification section of the department of the state police and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services to assist agency heads authorized pursuant to this section to ensure the continued suitability of a person for access to federal tax information. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to an agency head or authorized staff of an agency. (e) Authorized department staff of an agency may receive all available criminal offender record information to the extent required by federal law and the results of checks of state and national criminal history information databases under Public Law 92–544. Upon receipt of the results of state and national criminal background checks, the agency head and other authorized staff shall treat the information in accordance with sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information. (f) There shall be a fee charged for fingerprint-based background checks pursuant to this section, established by the secretary of administration and finance in consultation with the secretary of public safety and security and the agency head, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety and security and the agency head, may increase the fee accordingly if the Federal Bureau of Investigation increases the fee for its fingerprint background check service. The agency shall pay the applicable fee for current agency employees and may reimburse applicants for employment at the discretion of the agency head. Contractors, sub-contractors, consultants and employees of a consultant shall not be eligible for reimbursement unless required by contract. Fees collected for fingerprint-based background checks pursuant to this section shall be deposited into the Fingerprint–Based Background Check Trust Fund established pursuant to section 2HHHH of chapter 29. (g) An applicant for employment who refuses to comply with the fingerprint-based background check requirements shall be considered unsuitable for a position requiring or involving, or which may require or involve, access to federal tax information. (h) Upon receipt of the results of a state and national criminal background check for an applicant for employment, an agency head shall review the results and determine the suitability of the applicant for employment with regard to employment in a position requiring or involving, or which may require or involve, access to federal tax information. (i) Notwithstanding subsections 9 and 91/2 of section 4 of chapter 151B, if an agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that an applicant for employment provide additional information regarding the results of the criminal background checks to assist the agency head in determining the applicant's suitability for employment in a position requiring or involving, or which may require or involve, access to federal tax information. (j) A current agency employee who refuses to comply with the fingerprint-based background check requirements shall be considered unsuitable for a position requiring or involving, or which may require or involve, access to federal tax information. (k) Notwithstanding subsections 9 and 91/2 of section 4 of chapter 151B, if an agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the agency head may request that a current agency employee provide additional information regarding the results of the criminal background checks to assist the agency head in determining the current agency employee's suitability for employment in a position requiring or involving, or which may require or involve, access to federal tax information. (l) Upon receipt of the results of a state and national criminal background check for a current agency employee, the agency head shall review the results and determine the suitability of the current agency employee with regard to continuing access, or possible access, to federal tax information. In making a determination of suitability, the agency head shall consider mitigating factors relevant to the current agency employee's employment. Unsuitability of a current employee may result in termination or discharge from employment; provided, however, that a current agency employee may be reassigned to a position that does not require access to federal tax information if that position is available and subject to the business needs of the agency. (m) Nothing in this section shall limit or preclude an agency's right to carry on a background investigation of an applicant for employment or a current agency employee using other authorized means. (n) An agency subject to this section shall develop and implement policies and procedures necessary to carry out this section. (o) Information acquired by an agency in the background check process pursuant to this section shall be used solely for the purpose of making a determination as to the suitability of a particular current employee or applicant for employment for assignment to duties in a position that requires or includes, or may require or include, access to federal tax information.

M.G.L. c. 6A, § 105 Department of veterans' services; secretary of veterans' services

c. 6A, § 105. Department of veterans' services; secretary of veterans' services Section 105. There shall be an executive office of veterans' services under the supervision and control of a secretary of veterans' services, who shall be a veteran appointed by the governor, and who shall serve at the pleasure of the governor and may be removed by governor at any time. This position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary shall devote their full-time during business hours to the duties of their office. The secretary shall be the state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or any state thereof, on account of military or naval service and shall assist and advise war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims.

M.G.L. c. 6A, § 106 Secretary of veterans' services; duties

c. 6A, § 106. Secretary of veterans' services; duties Section 106. The secretary shall manage and control all state-operated veterans' homes in the commonwealth, and all property, real and personal, belonging to the commonwealth and occupied or used by such homes.

M.G.L. c. 6A, § 107 Secretary of veterans' services; traveling and other expenses

c. 6A, § 107. Secretary of veterans' services; traveling and other expenses Section 107. The secretary shall be allowed their traveling expenses when necessary for the secretary to visit Washington, D.C., and may expend for such purpose and for all other expenses necessary for the proper performance of the secretary's duties such sums as are annually appropriated therefor.

M.G.L. c. 6A, § 108 Secretary of veterans' services; appointment and removal of deputy secretary; duties of deputy secretary

c. 6A, § 108. Secretary of veterans' services; appointment and removal of deputy secretary; duties of deputy secretary Section 108. The secretary of veterans' services shall appoint and may remove a deputy secretary of veterans' services who shall devote their full-time during business hours to the duties of their office. The deputy secretary shall be subject to the direction and control of the secretary. The deputy secretary shall perform the duties of the secretary during the secretary's absence on account of disability or other reason.

M.G.L. c. 6A, § 109 Collection of personal identifying information by government agencies

c. 6A, § 109. Collection of personal identifying information by government agencies [Text of section added by 2023, 28, Sec. 7 effective January 1, 2026. See 2023, 28, Sec. 104.] Section 109. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Government agency'', a legal entity of state government established by the general court or by executive order as an agency, board, bureau, commission, council, department, office or division within the executive branch of the commonwealth with a specific mission and which is subject to the control of the governor or a quasi-public entity. ''Personal identifying information'', information: (i) that directly identifies an individual, including name, address, social security number or other identifying number or code; (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification that may compile an identity, such as a combination of gender, race, birth date, geographic indicator and other descriptors; or (iii) that permits the physical or online contacting of a specific individual. (b) Every government agency that collects demographic data as to the race or ethnicity of residents of the commonwealth shall use separate collection and tabulations for the following: (i) each major Asian group, as reported by the United States Census Bureau, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan and Thai; (ii) each major Pacific Islander group, as reported by the United States Census Bureau, including, but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan; (iii) each other Asian or Pacific Islander group not listed in clause (i) or (ii); (iv) each major Black or African American group, as reported by the United States Census Bureau, including, but not limited to, African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean and Somali; (v) each major Latino group, as reported by the United States Census Bureau, including, but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and (c) Each government agency shall allow an individual to choose more than 1 group, write in their own group or choose the aggregate category. No government agency shall fill out racial or ethnic information unless directed by the individual or required by state or federal law to fill out such information on the individual's behalf. (d) Except for personal identifying information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. Data may be maintained in paper, electronic or other media form. To prevent identification of individuals, the data may be aggregated into categories at a state, county, city, census tract or zip code level to facilitate comparisons, to identify disparities and to be included in studies and reports. This subsection shall not be construed to prevent any other government agency from posting data collected on the agency's website in a manner prescribed in this section. (e)(1) The secretary of administration and finance shall establish regulations and guidelines on the collection of demographic data, which shall include, but not be limited to: (i) a standardized form for information collection; (ii) revising the categories of race and ethnicity to ensure continued alignment with the categories reported by the United States Census Bureau, as set forth in the federal Office of Management and Budget's statistical standards for collecting and reporting race and ethnicity data across federal agencies; (iii) expanding the categories to ensure that individuals are able to accurately express self identification; (iv) a standardized format for agencies to make data publicly available and to update said data on an annual basis; (v) a method to ensure that no personal identifying information is publicly released; (vi) a standardized written disclosure to the individual completing the form that information collection is voluntary; (vii) procedures to ensure that nonparticipation in information collection shall have no impact on an individual's eligibility for state services; (viii) an annual review of the cost impact and success of collecting information; and (ix) a process by which government agencies may apply to the secretary of administration and finance for a programmatic or partial waiver from the requirements of this section based upon: (A) contradictory obligations under state or federal law; (B) a demonstration that the information cannot be collected without imposing a burden that outweighs the benefits of collection; or (C) a demonstration that the information collected cannot be reported in a way that protects personal identifying information. (2) Annually, there shall be not less than 1 public hearing on the implementation of or changes in the regulations and guidelines established pursuant to paragraph (1). (3) Annually, not later than August 1, the secretary of administration and finance shall file a report on the progress of data collection to the clerks of the house of representatives and senate and the joint committee on state administration and regulatory oversight. Said report shall include a list of all waivers granted to government agency programs pursuant to paragraph (1) and the grounds upon which each waiver was granted. (f) All data collected by government agencies shall be subject to state and federal privacy laws, including, but not limited to, Title 13 of the United States Code and section 2 of chapter 93H.

M.G.L. c. 6A, § 181/2 Undersecretaries; duties

c. 6A, § 181/2. Undersecretaries; duties Section 181/2. The secretary shall, subject to section 3, appoint 4 undersecretaries. Each person appointed as an undersecretary shall have experience and shall know the field or functions of such position, shall receive such salary as the secretary shall determine and shall devote his full time to the duties of the office. One undersecretary shall be the undersecretary for law enforcement and shall oversee the functions and administration of the following boards and agencies: the department of state police, the municipal police training committee, and the office of grants and research. One undersecretary shall be the undersecretary of criminal justice and shall oversee the functions and administration of the following boards and agencies: the sex offender registry board, the department of corrections, including the parole board and all other agencies within said department. One undersecretary shall be the undersecretary of homeland security and shall oversee the functions and administration of the following boards and agencies: the Massachusetts emergency management agency, the department of fire services, the military department and the nuclear safety department. One undersecretary shall be the undersecretary for forensic sciences. The undersecretary shall oversee the statewide emergency telecommunications board, the department of criminal justice information services, the automated fingerprint identification system, and the state 911 department; and shall work in conjunction with law enforcement authorities and shall coordinate all forensic science resources, appropriations and grants; shall oversee the functions and administration of the office of the chief medical examiner, the state police crime laboratory and such other forensic entities as the secretary shall assign from time to time; and shall convene the forensic science advisory board consistent with the duties set forth in section 184A of chapter 6. Each undersecretary shall coordinate the functions and the programs of the agencies as directed by the secretary. Each undersecretary shall conduct studies of the operations of each agency and work with each agency in effecting procedures and programs which promote efficiency and improvements in the administration of the agency. Each undersecretary shall assist the secretary in reviewing and acting upon budgetary and other financial matters concerning those agencies in accordance with sections 2C, 3, 3A, 4, 9B and 29 of chapter 29.

M.G.L. c. 6A, § 183/4 Secretary of public safety; functions

c. 6A, § 183/4. Secretary of public safety; functions Section 183/4. It shall be the function of the secretary of public safety: (1) to develop and implement, in conjunction with the department of criminal justice information services, an improved system for recording, updating and communicating among criminal justice agencies of the executive office, and the trial court, the attorney general, the Massachusetts sentencing commission, the county sheriffs, and district attorneys, all criminal offender record information and information relevant to sentencing, probation, community corrections, correctional institutions, rehabilitation, and parole decisions in a manner consistent with law and with the rights of all persons who are subjects of such information; (2) to develop and implement a criminal justice management information system including the organized collection, storage, retrieval, analysis, and dissemination of information among criminal justice agencies of the executive office of public safety, and the trial court, the attorney general, the Massachusetts sentencing commission, the county sheriffs, and the district attorneys of the seven districts; (3) to develop and implement a criminal justice research and evaluation program including the organized collection, storage, retrieval and analysis of information in order to monitor and provide oversight of criminal justice agencies of the executive office, and trial court, the attorney general, the Massachusetts sentencing commission, the county sheriffs, the district attorneys, and the public; (4) to develop standards for and coordinate training of state and county institutional and other personnel employed by an agency within the executive office of public safety. (5) to develop and evaluate programs for the economical provision of sufficient state and county correctional resources to maintain public safety, and prevent overcrowding, and to operate criminal justice agencies and facilities safely and efficiently at or below nationally accepted rates of capacity; (6) to develop improved systems of classification of persons committed to the custody of probation, corrections, county corrections or parole for the purposes of determining supervision treatment and custody needs of such persons, of integrating and coordinating the functions of these agencies, and of balancing the resources and demands of these agencies; and (7) to develop and evaluate programs designed to reduce the rate of recidivism among persons committed to the custody of state and county correctional institutions, and parole, to better integrate and coordinate the functions of these agencies, and to balance the resources and demands of these agencies. (8) To develop and implement, no later than July first, nineteen hundred and ninety-seven, a program to compile and annually publish statistics and information concerning the incidence each year of residential structural fires and crimes against property, including, but not limited to, arson. Such statistics shall be compiled on a geographic basis according to postal zip codes. All state and municipal fire and police authorities shall cooperate with the secretary in the collection and recording of such data. The secretary shall annually file a report of such statistics, together with his analysis of any trends discerned from the same, with the clerk of the senate and the clerk of the house of representatives, who shall forward copies to the joint committees on insurance, the judiciary and public safety, the house and senate committees on ways and means, the attorney general and the commissioner of insurance, who shall forward copies to the joint underwriting association, formed pursuant to the provisions of chapter one hundred and seventy-five C, and to the insurance fraud bureau, formed pursuant to the provisions of chapter three hundred and thirty-eight of the acts of nineteen hundred and ninety. (9) to develop statewide policies and procedures, including a uniform protocol, for state police and municipal police officers to report to the secretary on the identification of and immediate protection, care and custody of minors whose parents or guardians are arrested or placed in custody by police officers. The policies and procedures shall be developed in consultation with the department of children and families, the department of state police, municipal police departments and the Massachusetts Chiefs of Police Association Incorporated. The secretary shall periodically analyze this information and report the analysis to the department of children and families and appropriate state or municipal police departments. (10) to develop a biennial report to be sent to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on public safety and homeland security not later than March 1 of every even-numbered year. The report shall contain, but not be limited to, the following information: (i) statistics related to firearms crimes; (ii) arrests and prosecutions of firearms-related offenses, to serve as an examination of the effectiveness of the commonwealth's firearms-related regulations; (iii) aggregate data on the source of firearms that have been confiscated and identified as being used in a crime or in an attempted or completed suicide during the report period, including aggregate information on the manufacturer, state of origin and last known point of sale, transfer, loss or theft of such firearms; (iv) an explanation of substantial changes in state and federal firearms-related laws and firearms-related statistics in the commonwealth; (v) the effectiveness of section 128B of chapter 140; and (vi) an analysis of whether the license number used for the purchase or transfer of a firearm used in a crime or attempted or completed suicide was associated with the purchase or transfer of any other firearm, in the commonwealth or any other jurisdiction, within a 12–month period prior to or subsequent to the sale of the recovered firearm and the total number of such firearms purchased and transferred by that license holder and whether any of such firearms were also used in the commission of a crime. (11) to create a uniform booklet of informational material, which shall be provided to persons, including juvenile offenders, committed to the custody of the department of correction, the department of youth services or the sheriffs upon their release from a correctional facility. The booklet shall contain, at a minimum: (i) a summary of how and by whom the committed person's criminal offender record information may be accessed and distributed pursuant to sections 167 to 178B, inclusive, of chapter 6; (ii) an explanation of the process for filing a complaint with the department of criminal justice information services regarding the content of, dissemination of or access to criminal offender record information; (iii) an explanation of the right to have certain records sealed pursuant to section 100A of chapter 276 and a step by step explanation of the process for sealing such records; (iv) an explanation of the duration of criminal offender record information; (v) contact information for relevant employees and offices of the department; (vi) a list of websites with important background on, and explanations of, criminal offender record information; and (vi) a list of answers to frequently asked questions about criminal offender record information. (12)(i) to establish data collection and reporting standards for criminal justice agencies and the trial court to enable the submission of data by the department of correction, houses of correction and county jails to capture and report information on their populations, including recording all applicable charges and convictions. The secretary shall promulgate regulations regarding: (i) the format for the submission of the data and (ii) the categories and types of data required to be submitted, including, but not limited to: (A) a unique statewide identification number assigned to each person who enters the criminal justice system, including but not limited to the fingerprint-based state identification number and the probation central file number; (B) the offense for which the person has been incarcerated; (C) the date and time of the offense, (D) the location of the offense; (E) the race, ethnicity, gender age of the person, whether the person is a primary caretaker of a child and the status of the person's reproductive health needs; (F) risk and needs assessment scores; (G) participation and completion of evidence-based programs; and (H) dates entering and exiting the jail or the date entering the department or house of correction custody, wrap-up release date and actual release date. (ii) the data collected pursuant to clause (i) shall be in the form of a cross-tracking system for data collection and reporting standards for criminal justice agencies and the trial court, including houses of correction and county jails. The cross-tracking system shall require all criminal justice agencies and the judiciary to use a unique state identification number assigned to each person who enters the criminal justice system. All criminal justice agencies and the trial court shall incorporate the unique state identification number into their data systems upon a person's initial transfer to their jurisdiction. Anonymized cross-agency data shall be made available to the public for analysis through an application programming interface which allows access to all electronically available records. (13) to establish data collection and reporting standards for criminal justice agencies and the trial court relative to recidivism rates for rearraignment, reconviction and reincarceration. Recidivism rates, determined by the data collected, shall be reported annually to the secretary. The data shall be submitted by each criminal justice agency and the judiciary to the secretary who shall subsequently publish the information quarterly on the executive office of public safety and security website. Reported data shall be tracked over 1, 2 and 3 year periods and include categorizations by race, ethnicity, gender and age. (14) to establish data collection and reporting standards for criminal justice agencies and the trial court to standardize methods of reporting of race and ethnicity data to facilitate assessment of the racial and ethnic composition of the criminal justice population of the commonwealth. The criminal justice agencies and the trial court, including houses of correction and county jails, shall coordinate to ensure that racial and ethnic data related to populations, trends and outcomes is reported accurately to the secretary of the executive office of public safety and security and the public. (15) The data collection and reporting standards established in paragraphs 12, 13 and 14 shall be developed in consultation with the executive office of technology services and security.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6AFetched: 10/20/2026