Key Legislation Filed by
Kay Khan
in the 2005-2006 Legislative Session
EDUCATION
H 1102/H 4636 — Relative to Student Nutrition
Requires the Board of Education to establish regulations requiring school districts to establish a Child Nutrition and Physical Activity Advisory Committee. Local Advisory Committees would develop school policies on nutrition and physical activity to promote student health.
Status: The Bill was reported favorably by the Joint Committee on Children and Families and referred to the Joint Committee on Health Care Financing. It was discharged from Health Care Financing to the House Committee on Ways and Means, where it is currently pending.
H 1252— Relative to International Education
Creates guidelines and provides direction to the Global Education Advisory Council, established pursuant to the Education Reform Act of 1993; empowers the Department of Education and Commissioner of Education to support and fund international education and foreign language programs; designates the third week in November as International Education Week, as it is nationally recognized by the United States Department of Education; and creates a dedicated fund to be administered by the MA Department of Education under the advisement of the Global Education Advisory Council to support international work in local school districts.
Status: The bill was reported favorably by the Joint Committee on Education and referred to the House Committee on Ways and Means. The bill was also included in the Legislatures's Economic Stimulus Package, H.5057, enacted on July 31, 2006.
H 1103— Relative to Reducing Class Size and All Day Kindergarten
Implements all-day kindergarten in public schools in the Commonwealth. Provides grants to school districts to reduce class size.
Status: The Joint Committee on Education, to whom the bill was referred, recommended it be further studied.
MENTAL HEALTH/SUBSTANCE ABUSE
H 1614— Relative to the Civil Commitment of Women for Alcoholism or Substance Abuse @ MCI-Framingham
Bars the current practice of civilly committing women to MCI Framingham for alcoholism or substance abuse. Requires the Department of Public Health to provide fifteen secure treatment beds.
Status: The bill was reported favorably by the Joint Committee on Mental Health and Substance Abuse and referred to the Joint Committee on Health Care Financing. The Joint Committee on Health Care Financing granted the bill a favorable report and it was referred tot he House Committee on Ways and Means, where it is still pending.
H 3024— Requiring Equitable Insurance Coverage for Eating Disorders
Amends the Mental Health Parity Law to provide equitable insurance coverage for eating disorders.
Status: The Joint Committee on Financial Services, to whom the bill was referred, recommended it be further studied.
H 3023—Amending the Mental Health Parity Law of 2000
Adds the Int’l Classification of Diseases (ICD) to the current law which refers only to the DSM. (ICD is used by certain insurance co’s and Medicare.) Conforms the GIC to mandate that psychopharmacological services and neuropsychological assessments be treated as a medical benefit to be covered as all other medical services. Requires mental health “carve outs” to file financial report with DOI annually as parent company must. Holds parent HMO accountable for carveout’s noncompliance with the law. Requires enrollment card to identify carveout information. Requires carveouts to file date annually for adults and children relative to referrals, out of network referrals and other data by DMH regions. Confers consumer right to request referral assistance and out of network services from carveout.
Status: The Joint Committee on Financial Services, to whom the bill was referred, recommended it be further studied.
H 2462 — Establishing a Substance Abuse Health Protection Fund
Eliminates the sales tax exemption for alcohol sold at package stores. Dedicates package store alcohol sales taxes to newly created health protection fund to combat substance abuse.
Status: The Joint Committee on Revenue, to whom the bill was referred, recommended it be further studied.
H 1615— Creating involuntary Outpatient Commitment Laws for Mentally Ill Persons
Establishes procedures for mandatory outpatient treatment for persons with mental illness who are uncooperative with traditional treatment methods.
Status: The Joint Committee on Mental Health and Substance Abuse, to whom the bill was referred, recommended it be further studied.
HEALTH CARE
Nursing
H 2678— Creating a Nursing Advisory Board
Creates a new state nursing advisory board to develop and recommend state policy impacting the nursing profession.
Status: This legislation was referred to the Joint Committee on Public Health who granted it a favorable recommendation and referred it to the Joint Committee on Health Care Financing. The legislation was also included in the version of nurse staffing legislation which passed in the House. The bill itself, though, was put into a study report by Health Care Financing.
H 2679— Relative to the Collaboration of Nurse Midwives and Physicians
Authorizes nurse midwives to practice in collaboration with physicians.
Status: The bill was reported favorably by the Joint Committee on Public Health and referred to the Joint Committee on Health Care Financing. The Joint Committee on Health Care Financing granted the bill a favorable report and it was referred to the House Committee on Steering, Policy and Scheduling, from there it was discharged to the Ho sue Committee on Ways and Means, where it is still pending.
H 2682— Relative to the Massachusetts Center for Nursing
Requires state agencies to provide nursing data to the Mass. Ctr. For Nursing to enable the Center to serve as a clearinghouse for such data
Status: This legislation was referred to the Joint Committee on Public Health who granted it a favorable recommendation and referred it to the Joint Committee on Health Care Financing. The bill was then put into a study report by Health Care Financing.
Physicians
H 3627— Relative to Physician Credentialing
Streamlines physician credentialing process and protects other health providers from discrimination as a result of the new physician credentialing process.
Status: The bill was referred to the Joint Committee on Health Care Financing, who reported the bill out by consolidating it into the major health reform bill. The substance of the bill, however, was never a part of the health reform bill.
H 2680 — Relative to the Title of Practitioners of Dentistry
Changes the name of practitioners of dentistry from “dentist” to “oral physician”
Status: The Joint Committee on Public Health, to whom the bill was referred, recommended it be further studied.
Public Health
H 2744 — Requiring Public Restroom Seat Covers
Requires disposable sanitary toilet seat covers in public restrooms.
Status: The Joint Committee on Public Health, to whom the bill was referred, recommended it be further studied.
H 3650 — Relative to Animal Shelters
To help prevent the spread of disease, this bill prevents international importation of dogs and cats by animal shelters. Also, the legislation implements reporting requirement for animal shelters.
Status: The Joint Committee on Public Health discharged this bill to the Joint Committee on the Environment, Natural Resources and Agriculture who recommended it be further studied.
Nursing Homes
H 2681— Relative to Nursing Home Transfers and Discharges
Requires Medicaid to require nursing facilities to provide discharge planning to ensure transfer to a safe setting when discharging or transferring a resident.
Status: This legislation was reported favorably by the Joint Committee on Public Health and subsequently by the Joint Committee on Health Care Financing. The bill was scheduled for consideration by the House Committee on Steering, Policy and Scheduling, then passed in both the House and the Senate. Unfortunately, Governor Romney vetoed the bill.
TRANSPORTATION
H 2097— Improving Accessibility to Commuter Rail Stations in the City of Newton
Requires the MBTA to design and construct accessibility improvements to commuter rail stations in the City of Newton
Status: The Joint Committee on Transportation, to whom the bill was referred, recommended it be further studied.
H 2098— Relative to Certain Proposed Development in the City of Newton
Required a multi-agency study into the impact of proposed development at the Woodland and Riverside Green Line stations
Status: The Joint Committee on Transportation, to whom the bill was referred, recommended it be further studied.
H 2099— Relative to the Maintenance of the Mass. Turnpike Authority’s Toll Discount Program
Direct funds recovered from Big Dig cost overruns to maintain the Turnpike’s Toll Discount Program
Status: The Joint Committee on Transportation, to whom the bill was referred, granted the bill an unfavorable report.
H 2100— Relative to Turnpike Sound Reduction in the City of Newton
Directs the Turnpike Authority to repave the Newton portion of I-90 with sound-reducing material.
Status: The Joint Committee on Transportation, to whom the bill was referred, granted the bill an unfavorable report.
CORRECTIONS
Oversight
H 1912— Relative to a DOC Review Board
Creates an independent review board for the Dept. of Correction.
Status: This legislation was referred to the Joint Committee on Public Safety and Homeland Security, but unfortunately due to technical problems, it was never reported out of committee.
Women & Children
H 1797— Relative to Pregnant & Postpartum Inmates in State Prisons and Other Correctional Facilities
Sets minimum standards for the humane, judicially mandated, treatment of pregnant and post partum women in custody of the Department of Correction.
Status: This legislation was granted a favorable report by the Joint Committee on the Judiciary and the Joint Committee on Health Care Financing. The Joint Committee on Steering, Policy and Scheduling discharged the bill to the House Committee on Ways and Means, where it is still pending.
H 1798 — Regulating Programs Outside Correctional Institutions for Female Inmates
Requires the DOC to provide training programs for women and health programs for pregnant women outside of correctional facilities for women within eighteen months of parole.
Status: This bill was reported favorably by the Joint committee on the Judiciary and referred to the House Committee on Ways and Means where it is still pending.
H 2833 — Relative to Minor Children
Requires the DSS to consult with local law enforcement agencies to establish a policy for the protection of minor children of persons arrested or placed in custody.
Status: This bill was granted a favorable report by the Joint Committee on Children and Families and Referred to the House Committee on Ways and Means, where it is still pending.
H 2834— Providing for the Protection and Care of Certain Children
Allows incarcerated mothers to keep infants under 12 months of age with them in custody if possible.
Status: This bill was granted a favorable report by the Joint Committee on Children and Families and referred to the House Committee on Ways and Means, where it is still pending.
H 2854— Relative to the Health Care Needs of Adolescents in the Juvenile Justice Systems of the Commonwealth
Requires the EOHHS to conduct a review of all mental health needs of adolescents detained in the DYS, DOC or DSS. Sets minimum standards for mental health care for adolescent in state custody.
Status: The legislation, though initially referred to the Joint Committee on Public Health was discharged to the Joint committee on Mental Health and Substance Abuse, who reported a redrafted version of the bill favorably. The redraft was referred to the Joint Committee on Health Care Financing, who determined that the legislation required further study.
Correctional Mental Health
H 2853— Relative to Bridgewater State Hospital
Requires the DOC to seeks national hospital accreditation for Bridgewater State Hospital.
Status: This legislation was granted a favorable report by the Joint Committee on Public Health and the Joint Committee on Health Care Financing. The Joint Committee on Steering, Policy and Scheduling discharged the bill to the House Committee on Ways and Means where it is still pending.
H 1616— Relative to Mental Health
Sets minimum standards for mental health care for inmates in DOC facilities and Houses of Correction. Standards to be modeled on American Psychiatric Association’s Task Force on Psych. Services in Jails and Prisons.
Status: The bill was reported favorably by the Joint Committee on Mental Health and Substance Abuse and referred to the Joint Committee on Health Care Financing. The Joint Committee on Health Care Financing granted the bill a favorable report and it was referred to the House Committee on Ways and Means, where it is still pending.
HOUSING
H 3179— Relative to the Development of Multi-Family Housing for Use by Certain State Agencies
Promotes the creation of housing for low income persons and persons with mental illness and mental retardation when surplus state property is developed.
Status: The Joint Committee on Housing, to whom the bill was referred, recommended it be further studied.
H 3180— Facilitating the Development of Underutilized Facilities and Properties for Supported Housing for Chronically Mentally Ill and Disabled
Promotes the creation of housing for low income persons with mental illness and mental retardation on state-owned property formerly used as state hospitals.
Status: The Joint Committee on Housing, to whom the bill was referred, recommended it be further studied.
H 3428— Creating a State Hospital Disposition Fund
Places 50% of the proceeds from the sale of former state hospital property in a newly created State Hospital Disposition Fund. Requires new fund to be used for treatment and supported housing for DMH and DMR clients.
Status: The substance of the legislation was included in H. 4491, the House proposal to streamline the disposition of surplus state property. While both the House and Senate passed versions of a surplus land bill, the two proposals were never reconciled.
CRIMINAL JUSTICE
H 860— Relative to Victims of Crimes
Legislation intended to protect victims of sexual assaults, requires law enforcement officers to inform crime victims of their rights regarding privacy protection.
Status: This bill was granted a favorable report by the Joint Committee on the Judiciary and discharged by the House Committee on Steering, Policy and Scheduling to the House Committee on Way and Means, where it is still pending.
H 1799— Relative to Pamphlets for Domestic Abuse Victims
Directs responding officers to provide likely victims of domestic abuse with a pamphlet describing signs of domestic abuse and information on where to find help. This bill is a priority of the MA Sheriffs' Association.
Status: This bill was granted a favorable report by the Joint Committee on the Judiciary and discharged by the House Committee on Steering, Policy and Scheduling to the House Committee on Ways and Means, where it is still pending.
EMPLOYMENT
H 3789— Relative to an Employee Right
Protects the rights of employees to receive unemployment benefits if they are dismissed subsequent to declining a severance package if the employee was not informed in writing whether their rejection of the severance package would lead to dismissal.
Status: The Joint Committee on Labor and Workforce Development, to whom the bill was referred, recommended it be further studied.
PUBLIC SERVICE
H 3499— Prohibiting State Employees from Receiving Multiple Salaries
Bars state employees from receiving salaries from multiple state agencies.
Status: This bill was granted a favorable report by the Joint Committee on State Administration and Regulatory Oversight and referred to the House Committee on Ways and Means, where it is still pending.
ELECTIONS
H 89— Relative to Candidate Nomination Papers
Clarifies statute describing validity of candidate nomination papers.
Status: The Joint Committee on Election Laws, to whom the bill was referred, recommended it be further studied.
Key Legislation Filed by Kay in 2004-2005 Legislative Session
H. 1071 – An Act Relative to Student Nutrition
Empowers local school districts to address obesity/overweight among youth. Promotes nutrition education, physical activity and food service.H. 2816 – An Act Relative to the Civil Commitment of Women for Alcoholism or Substance Abuse at the Framingham Correctional Institute
Bans current lawful practice of civilly committing women to state prison for alcohol and substance abuse recovery. Requires Dept. of Public Health to maintain adequate facilities for female substance abuse recovery.H. 2853 – An Act to Establish a Citizen Review Board for the Dept. of Correction
Creates a 13-member board of experts to provide an independent and ongoing operations review for $600+ million DOC. Ensures efficiency and effectiveness of DOC policies to protect public safety and taxpayer dollars and encourage prisoner rehabilitation.H. 2854 – An Act Relative to Pregnant and Postpartum Inmates in State Prisons, County Houses of Correction and Jails
Codifies currently enforceable judicial rulings requiring the Dept. of Correction to adhere to specific standards for the care of pregnant and postpartum inmates.H. 2901 – An Act Relative to Property Tax Deferrals in the City of Newton
Allows City of Newton to expand property tax deferral program to protect low-income senior homeowners from burdensome property taxes.H. 2909 – An Act for the Expenditure of Funds by the MBTA for the Improvement of Certain Commuter Rails Stations in the City of Newton
Directs the MBTA to make improve accessibility at Newton’s three commuter rail stations in Auburndale, West Newton and Newtonville.H. 2910 – An Act Relative to the Proposed Development of the Woodland and Riverside MBTA Stations in the City of Newton
Prohibits development at the Woodland or Riverside stations until state agencies conduct comprehensive study, with community involvement, of impact of development on nearby Newton neighborhoods.H. 2962 – An Act to Create a Nursing Advisory Board
Establishes state agency to advise policymakers on issues affecting the practice of nursing including the nursing shortage to preserve the stability of our health care system.H. 2971/H. 2972 – An Act Facilitating the Development of Underutilized Facilities and Properties for Housing in the Commonwealth/An Act Facilitating the Development of Underutilized Facilities and Properties for Supported Housing for Chronically Mentally Ill and Disabled
Companion pieces of legislation 1) facilitate the disposition of surplus state property to encourage housing construction and 2) requires new housing on surplus state property to include units for mentally ill and disabled.H. 2973 – An Act Relative to the Metropolitan Park System
Requires successor agency to the MDC to apply to place the Metropolitan Park System on the National Register of Historic Sites.H. 2976 – An Act Relative to Bridgewater State Hospital
Requires the Dept. of Correction to maintain national hospital accreditation at the State’s correctional mental health hospital.H. 2977 – An Act Providing for the Protection and Care of Certain Children
Enables the Dept. of Correction to form a special women’s unit for pre-screened incarcerated mothers to live with and care for their infants up to 1 year old.H. 2978 – An Act Relative to Mental Health
Requires the DOC to follow the mental health standards of the American Psychiatric Association’s Task Force Report on Psychiatric Services in Jails and Prisons in providing mental health care for the state’s prison population.H. 2978 / H. 2979 — An Act Relative to Mental Health Examinations and Services for Inmates of Certain Correctional Institutions in the Commonwealth/An Act Relative to the Needs of Adolescents in the Juvenile Justice Systems of the Commonwealth
Companion bills 1) requires the DOC to follow mental health standards of the American Psychiatric Association’s Task Force Report on Psychiatric Services in Jails and Prisons and 2) sets equivalent standards for mental health care for clients of the Dept. of Youth Services.H. 2986 – An Act to Ensure Conformity with Chapter 80 of the Acts of 2000
Requires the State Insurance Division and the Dept. of Mental Health to study whether private insurance companies are complying with the mental health parity law that mandates increased insurance coverage for treatment of mental illness.H. 2990 – An Act Relative to Victims of Crimes
Requires police to notify alleged victims of sexual assaults that they do not need to provide irrelevant information relating to their sexual history of mental health history to investigators.H. 3024 – An Act Regulating Programs Outside Correctional Institutions for Female Inmates
Requires the Dept. of Correction to maintain adequate job training programs for women nearing their date of release from prison and to provide pregnant women nearing release with referrals for food and nutrition programs for children born to incarcerated mothers.H. 3079 – An Act to Create a State Hospital Disposition Fund
Diverts funds earned from the sale of surplus state hospitals to pay for services for Dept. of Mental Health and Dept. of Mental Retardation clients.H.D. 4197 – An Act Relative to the Maintenance of the Toll Discount Program of the Massachusetts Turnpike Authority
Provides funding for the Turnpike toll discount program benefiting commuters.