Section 66. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Health Safety Net Trust Fund, in this section and in sections 67 to 69, inclusive, called the fund, which shall be administered by the health safety net office, hereinafter the office. Expenditures from the fund shall not be subject to appropriation unless otherwise required by law. The purposes of the fund shall be to: (i) maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; (ii) support the estimated expenses of the executive office in administering the health safety net and related assessments under sections 65 to 69, inclusive; and (iii) support a portion of the costs of the Medicaid program under this chapter and the commonwealth care health insurance program under chapter 118H. The office shall administer the fund using methods, policies, procedures, standards and criteria for the proper and efficient operation of the fund and programs supported by it in a manner designed to distribute the fund resources as equitably as possible. The secretary of administration and finance, in consultation with the secretary of health and human services, shall determine annually the estimated expenses to administer the fund.
[Subsection (b) effective until September 30, 2022. For text effective September 30, 2022, see below.]
(b) The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67; and (v) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. The office shall transfer $257,500,000 to the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of said chapter 29 and shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under said subsection (b) of said section 67 to the Non–Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund, the MassHealth Delivery System Reform Trust Fund and the Non–Acute Care Hospital Reimbursement Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The office shall also annually expend monies from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of the total surcharge amount, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid program and commonwealth care health insurance program. Any annual balance remaining in the fund after these payments have been made shall be transferred to the Commonwealth Care Trust Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time to time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.
[Subsection (b) as amended by 2017, 47, Sec. 54 effective September 30, 2022. See 2017, 47, Sec. 149A as added by 2017, 63, Sec. 10A. See, also, 2017, 63, Sec. 18. For text effective until September 30, 2022, see above.]
(b) The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67; and (v) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. The office shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67 to the Non–Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund, the MassHealth Delivery System Reform Trust Fund and the Non–Acute Care Hospital Reimbursement Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office. The office shall also annually expend monies from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of the total surcharge amount, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid program and commonwealth care health insurance program. Any annual balance remaining in the fund after these payments have been made shall be transferred to the Commonwealth Care Trust Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time to time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 118e - Division of Medical Assistance
Section 2 - Established Authority
Section 2a - Director of Dental Services
Section 6 - Medical Care Advisory Committee; Member; Staff; Report From Office of Medicaid
Section 8a - Definitions for Secs. 13c to 13k and Secs. 64 to 70
Section 9a - Masshealth; Beneficiaries; Eligibility; Payment; Information Applications
Section 9f - Duals Demonstration; Review of Request for Financial Solvency
Section 10 - Medical Care Assistance Program for Pregnant Women and Infants
Section 10a - Required Coverage for Prenatal Care, Childbirth and Postpartum Care
Section 10b - Required Coverage for Newborn Hearing Screening Tests
Section 10d - Required Coverage for Treatment of Breast and Cervical Cancer
Section 10g - Coverage for Children Under Age 18 for Cleft Lip and Cleft Palate
Section 10k - Coverage for Certain Services and Contraceptive Methods
Section 10m - Coverage for Tobacco Use Cessation Counseling and Products
Section 10n - Urgent Care Facilities; Referrals; Primary Care Providers
Section 11 - Cooperation With Federal Authorities
Section 12 - Policies; Procedures; Rules and Regulations; Contracts
Section 12a - Pharmaceutical Drugs; Negotiation of Supplemental Rebate Agreements
Section 13 - Rate Changes; Review
Section 13a - Non-Acute Hospitals; Rates and Terms of Payment
Section 13b - Hospital Rate Increases; Quality Standards and Benchmarks
Section 13c - Establishment of Rates of Payment for Health Care Services
Section 13d - Duties of Ratemaking Authority; Criteria for Establishing Rates
Section 13e - Appeals of Interim or Final Rates
Section 13e1/2 - Contractual Arrangements With Acute and Non-Acute Hospitals
Section 13g - Hospital Assets Not to Be Considered as Resources for Purpose of Establishing Rates
Section 13h - Recipients of Benefits Under Chapter 117a
Section 13i - Patients With Foreign Residency
Section 13j - Health Maintenance Organizations; Contracting Rights
Section 13k - Adjustment of Facility's Rate
Section 13l - Restriction of Hospital Access to Discounted Purchase of Prescription Drugs
Section 14 - Nursing Home Negotiated Rate Contracts
Section 15 - Medicaid Benefits; Rules and Regulations; Managed Care; Personal Expenses
Section 16a - Medical Care and Assistance Program for Disabled Children
Section 16c - Child Health Insurance Program; Medical Benefits; Costs; Eligibility
Section 16d - Aliens or Persons Residing in United States Under Color of Law; Benefits
Section 17 - Reimbursements for Non-Generic Drugs
Section 17a - Emergency Services Provided to Beneficiaries for Emergency Medical Conditions
Section 18 - Medical Insurance Purchases for Persons Eligible for Assistance
Section 20 - Application; Forms; Application by Institution
Section 21 - Inquiry by Department; Notification of Applicant; Agreement
Section 21a - Medical Assistance Eligibility of an Institutionalized Spouse
Section 22 - Third Party Payments; Repayment; Assignment; Subrogation
Section 23 - Subrogation Rights; Health Insurance Benefits; Garnishment of Wages
Section 23a - Financial Institutions; Request for Deposit and Withdrawal Records; Penalty
Section 25 - Exempt Income and Resources
Section 26 - Identification Card
Section 27 - Redetermination of Eligibility
Section 28 - Disposal of Resources at Less Than Fair Market Value; Period of Ineligibility
Section 29 - Transfer of Interest in Real Property; Notice
Section 31 - Adjustment or Recovery of Payments
Section 33 - Long Term Care Insurance Purchasers; Liability for Medical Assistance Paid
Section 34 - Liens and Encumbrances
Section 35 - Reimbursement for Covered Claims; Submission of Information
Section 36 - Eligible Providers; Responsibility for Overpayments
Section 37 - Distribution of Rules, Regulations to Providers; Administrative Sanctions
Section 38a - Retroactive Claims Denials for Behavioral Health Services
Section 39 - False Representations, Failure to Disclose; Penalty
Section 40 - False Statements or Representations by Providers; Penalty
Section 41 - Bribery or Rebates; Penalty
Section 42 - Excess Charges; Penalty
Section 44 - Civil Remedies; Limitations
Section 45 - Venue; Actions Relating to False Claims
Section 46 - Availability of Other Remedies
Section 47 - Persons Aggrieved; Right to Hearing; Investigation; Decision; Rehearing; Notice
Section 48 - Board of Hearings
Section 49 - Use and Disclosure of Information
Section 50 - Contract for Administrative Functions; Underwriting of Program
Section 52 - Maintenance of Standards for Providers; Development of New Programs
Section 54 - Wellness Program for Masshealth Enrollees
Section 56 - Controlled Substance Management Program for Masshealth Enrollees
Section 63 - Assessment per Non-Medicare Reimbursed Patient Day
Section 64 - Definitions for Secs. 64 Through 69
Section 65 - Health Safety Net Office
Section 66 - Health Safety Net Trust Fund
Section 67 - Liability of Acute Hospital to Fund
Section 67a - Nonpublic Ambulance Services; Liability; Uniform Assessment; Enforcement
Section 68 - Surcharge Assessed by Acute Hospitals and Ambulatory Surgical Centers
Section 70 - Definitions for Secs. 70 Through 75
Section 71 - Pca Quality Home Care Workforce Council
Section 74 - Pca Quality Home Care Workforce Council; Scope of Power and Authority
Section 75 - Performance Reviews
Section 77 - Office of Medicaid to Attribute Members to Primary Care Providers