FY2008 Massachusetts Department of Mental Retardation

and related state budget line item language analysis

Red = Unique language in House  ·  Blue = Unique language in Senate  ·   Green = Unique language in final Conference Report

5911-1003 DMR Central And Regional Office Accounts Combined   House Language	5911-1000 Central Office 5920-1000 Regional and area offices   Senate Language	5911-1003 DMR Central And Regional Office Accounts Combined   Final Conference Language	Earmarks
For the administration and operations of the department of mental retardation; provided that the department shall not charge user fees for transportation or community day services; and provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications of requests for transfer of guardianship; provided further, that notwithstanding any general or special law to the contrary, in fiscal year 2008 the comptroller shall transfer from the Department of Mental Retardation Trust Fund established under section 2RRR of chapter 29 of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities collected under section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases for services provided to MassHealth members by nonpublic intermediate care facilities and community-based residences; provided further, the comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above; and provided further, that the assessments shall not be collected and the expenditures shall not be authorized until the department of mental retardation and the executive office of health and human services certify the receipt of federal approval of any home and community-based waiver amendments and related Title XIX state plan amendments, if required; and provided further, that the department shall submit a semi-annual report to the house and senate committees on ways and means detailing the total number of service coordinators within the department, the number of consumers served by said coordinators, and the amount of time spent per month per consumer; provided further, that not less than $30,000 shall be allocated to Whole Children, Inc. of Hadley	5911-1000: For the administration of the department of mental retardation; provided, that the department shall not charge user fees for transportation or community day services; and provided further, that the department shall not charge fees for eligibility determination for services provided by the department or for applications or requests for transfer of guardianship; provided further, that notwithstanding any general or special law to the contrary, in fiscal year 2008 the comptroller shall transfer from the Department of Mental Retardation Trust Fund established under section 2RRR of chapter 29 of the General Laws an amount sufficient to reflect the costs of the assessment on public facilities collected under section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases for services provided to MassHealth members by nonpublic intermediate care facilities and community-based residences; provided further, the comptroller shall transfer the federal financial participation received as a result of expenditures funded by the assessments to an account established for the department of mental retardation to administer for the purposes described above; and provided further, that the assessments shall not be collected and the expenditures shall not be authorized until the department of mental retardation and the executive office of health and human services certify the receipt of federal approval of any home and community-based waiver amendments and related Title XIX state plan amendments, if required   5920-1000: For the operation of regional and area offices of the department; provided, that the department shall submit a semi-annual report to the house and senate committees on ways and means detailing the total number of service coordinators within the department, the number of consumers served by such coordinators and the amount of time spent per month per consumer	HOUSE LANGUAGE   CENTRAL AND REGIONAL OFFICE ACCOUNTS COMBINED	·         $30,000 for Whole Children, Inc. of Hadley

5920-2000 Vendor-Operated Residential & Day Community Services   Final Conference Language	5920-2000 Vendor-Operated Residential & Day Community Services   Senate Language	5920-2000 Vendor-Operated Residential & Day Community Services   Final Conference Language	Earmarks
For vendor-operated community-based residential adult services, including intensive individual supports; provided, that $12,365,262 shall be expended in annualized funding for turning 22 clients who began receiving the services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided further, that $8,250,000 shall be expended for the fiscal year 2007 annualized cost of the settlement agreement Rolland vs. Cellucci, so-called and $5,000,000 shall be expended for the fiscal year 2008 cost of the settlement; provided further, that the commissioner of the department of mental retardation shall transfer funds from this item to item 5920-2010, as necessary, pursuant to an allocation plan, which shall detail by object class the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer; provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2008; provided further, that not less than $100,000 shall be allocated for Special Olympics for the purpose of unified sports; provided further, that not less than $500,000 shall be expended for Best Buddies Massachusetts; provided further, that not less than $100,000 shall be expended for services to the developmentally disabled provided by Grow Associates, Inc. in the town of Avon; and provided further, that not less than $50,000 shall be expended for the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children	For vendor-operated, community-based residential adult services, including intensive individual supports; provided, that $12,365,262 shall be expended in annualized funding for Turning 22 clients who began receiving the services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided further, that $8,250,000 shall be expended for the fiscal year 2007 annualized cost of the settlement agreement in Rolland vs. Cellucci, and $5,000,000 shall be expended for the fiscal year 2008 cost of the settlement; provided further, that the commissioner of mental retardation shall transfer funds from this item to item 5920-2010, as necessary and pursuant to an allocation plan, which shall detail by object class the distribution of such funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means not later than 15 days before any such transfer; provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2008; and provided further, that not less that $100,000 shall be provided for GROW in the town of Stoughton	HOUSE LANGUAGE	·         $100,000 for Special Olympics for the purpose of unified sports ·         $500,000 for Best Buddies Massachusetts ·         $100,000 for services to the developmentally disabled provided by Grow Associates, Inc. ·         $50,000 the Advocacy Resource Center in New Bedford to provide critical family support services in the area of community-based resident education for special needs children

5920-2006 Residential Rate Initiative   House Language	5920-2006 Residential Rate Initiative   Senate Language	5920-2006 Residential Rate Initiative   Final Conference Language	Earmarks
For the implementation of a residential rate initiative; provided, that the department shall submit a report to the house and senate committees on ways and means no later than January 18, 2008 detailing the use of these funds to establish a rate system for vendor operated residential services.	For the implementation of a residential rate initiative; provided, that the department shall submit a report to the house and senate committees on ways and means no later than January 18, 2008 detailing the use of these funds to establish a rate system for vendor operated residential services.	HOUSE AND SENATE LANGUAGE ARE IDENTICAL

5920-2010 State-Operated Community-Based Residential   House Language	5920-2010 State-Operated Community-Based Residential   Senate Language	5920-2010   State-Operated Community-Based Residential Final Conference Language	Earmarks
For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item	For state-operated community-based residential services for adults, including community-based health services for adults; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item	HOUSE AND SENATE LANGUAGE ARE IDENTICAL	None

5920-2020   Boulet Lawsuit House Language	5920-2020   Boulet Lawsuit Senate Language	5920-2020   Boulet Lawsuit Final Conference Language	Earmarks
For compliance with the terms of the settlement agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000	For compliance with the terms of the settlement agreement, dated December 19, 2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States District Court of Massachusetts in order to provide services to the clients of the department on the waiting list on July 14, 2000	HOUSE AND SENATE LANGUAGE ARE IDENTICAL	None

5920-2025 Community-Based Adult Day & Work House Language	5920-2025 Community-Based Adult Day & Work Senate Language	5920-2025 Community-Based Adult Day & Work Final Conference Language	Earmarks
For community-based day and work programs for adults and for $3,532,932 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 under item 5920-5000 of section 2 of chapter 139 of the acts of 2006; and provided further, that not less than $100,000 shall be expended for the Life Focus Center in the Charlestown neighborhood of the city of Boston	For community-based day and work programs for adults and for $3,532,932 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 under item 5920-5000 of section 2 of chapter 139 of the acts of 2006	HOUSE LANGUAGE	·         $100,000 for the Life Focus Center in Charlestown

5920-3000 Family Support   House Language	5920-3000 Family Support   Senate Language	5920-3000 Family Support   Final Conference Language	Earmarks
For respite services and intensive family supports and for $1,766,466 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; and provided further, that not less than $50,000 shall be expended for the Friendship Home project in Norwell.	For respite services and intensive family supports and for $1,766,466 in annualized funding for Turning 22 clients who began receiving services in fiscal year 2007 pursuant to item 5920-5000 of section 2 of chapter 139 of the acts of 2006; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services.	HOUSE LANGUAGE	Ÿ         $50,000 shall be expended for the Friendship Home project in Norwell

5920-3010   Division of Autism House Language	5920-3010   Division of Autism Senate Language	5920-3010   Division of Autism Final Conference Language	Earmarks
For contracted support services for families with autistic children through the autism division at the department of mental retardation; provided, that not less than $200,000 shall be expended for the purposes of a contract with Melmark New England to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism spectrum disorders; provided further, that no less than $2,000,000 shall be expended for the purposes of providing services under the children’s autism Medicaid waiver application submitted pursuant to chapter 107 of the acts of 2005; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0-8, including children with autism spectrum disorder ages 0-3 receiving services through the department of public health’s early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children to the extent feasible, and in the event that it is not feasible, the department shall provide the house and senate committees on ways and means and the joint committee on education no later than March 1, 2008 with projected steps and a timetable for ensuring that as soon as possible income eligibility for the waiver is not lower than MassHealth Standard income eligibility for children; provided further that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to said waiver; provided further that the department shall immediately file any waiver amendments necessary to comport with the requirements of this item with the Centers for Medicare and Medicaid Services;  further, that the department shall report to the house and senate committees on ways and means and the joint committee on education on the number of contracted support services provided for families with autistic children under this item, and the costs associated with those services, not later than March 1, 2008; and provided further, that the department shall submit copies of the amended waiver to the house and senate committees on ways and means and the joint committees on education no later than December 31, 2007	For contracted support services for families with autistic children through the autism division at the department of mental retardation; provided, that not less than $2,000,000 shall be expended for the purposes of providing services under the children’s autism Medicaid waiver application submitted pursuant to chapter 107 of the acts of 2005; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0 to 8, inclusive, including children with autism spectrum disorder ages 0 to 3, inclusive, receiving services through the department of public health’s early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children to the extent feasible, and in the event that it is not feasible, the department shall provide the house and senate committees on ways and means and the joint committee on education not later than March 1, 2008, with projected steps and a timetable for ensuring that as soon as possible income eligibility for the waiver is not lower than MassHealth Standard income eligibility for children;  provided further, that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to such waiver; provided further, that the department shall immediately file any waiver amendments necessary to comport with the requirements of this item with the Centers for Medicare and Medicaid Services;  provided further, that the department shall report to the house and senate committees on ways and means and the joint committee on education on the number of contracted support services provided for families with autistic children under this item and the costs associated with such services, not later than March 1, 2008; provided further, that the department shall submit copies of the amended waiver to the house and senate committees on ways and means and the joint committees on education not later than December 31, 2007; provided further, that not less than $200,000 shall be expended for the purposes of a contract with Melmark New England, Inc. to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism spectrum disorders; and provided further, that not less than $50,000 shall be expended for the Youth Enhanced Services Non-Profit	SENATE LANGUAGE	·         $200,000 for the purposes of a contract with Melmark New England, Inc. to provide training and support to families, educational collaboratives and public school districts on methods for coping with behavioral challenges associated with children who have autism spectrum disorders ·         $50,000 for the Youth Enhanced Services Non-Profit

5920-5000 Turning 22   House Language	5920-5000 Turning 22   Senate Language	5920-5000 Turning 22   Final Conference Language	Earmarks
For services to clients of the department who turn 22 years of age during state fiscal year 2008; provided, that the amount appropriated under this item shall not annualize to more than $14,600,000 in fiscal year 2008; provided further, that the department shall report to the house and senate committees on ways and means not later than January 9, 2008, on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region	For services to clients of the department who turn 22 years of age during state fiscal year 2008; provided, that the amount appropriated under this item shall not annualize to more than $17,664,660 in fiscal year 2009; provided further, that the department shall report to the house and senate committees on ways and means not later than January 2, 2008 on the use of any funds encumbered or expended from this item including, but not limited to, the number of clients served in each region and the types of services purchased in each region	SENATE LANGUAGE	None

5930-1000 State Schools (ICF/MRs)   House Language	5930-1000 State Schools (ICF/MRs)   Senate Language	5930-1000 State Schools (ICF/MRs)   Final Conference Language	Earmarks
For the operation of facilities for the mentally retarded, including the maintenance and operation of the Glavin Regional Center; provided, that in order to comply with the provisions of the Olmstead decision and to enhance care within available resources to clients served by the department, the department shall take steps to consolidate or close intermittent care facilities for the mentally retarded, in this item called ‘ICF/MRs’, managed by the department and shall endeavor, within available resources, to discharge clients residing in the ICF/MRs to residential services in the community if the following criteria are met: 1) the client is deemed clinically suited for a more integrated setting; 2) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and 3) the cost to the commonwealth of serving the client in the community is less than or equal to the cost of serving the client in ICF/MRs; provided further, that any client transferred to another ICF/MR as the result of a facility closure shall receive a level of care that is equal to or better than the care that had been received at the closed ICF/MR; provided further, that the department shall report to the joint committee on human services and the house and senate committees on ways and means on the progress of this initiative, including both past actions and proposed future actions; provided further, that the department may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any  transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; and provided further, that the department shall maximize federal reimbursement, whenever possible under federal regulation, for the direct and indirect costs of services provided by the employees funded in this item