2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVII - Public Welfare › Chapter 118e - Division of Medical Assistance › Section 69a - Behavioral Health Payor Surcharge; Transfer of Ownership; Enforcement of Payment

[Text of section effective until July 1, 2024. Repealed by 2022, 126, Sec. 66. See 2022, 126, Sec. 187.]
Section 69A. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:
''Fund'', the Behavioral Health Access and Crisis Intervention Trust Fund established in section 2WWWWW of chapter 29.
''Surcharge payors'', entities that: (i) are defined as surcharge payors pursuant to section 64; and (ii) made payments subject to surcharge in the amount of $1,000,000 or more during the most recent fiscal year for which data is available.
''Total behavioral health surcharge amount'', an amount equal to $33,700,000.
(b) Each surcharge payor shall pay a behavioral health payor surcharge to the secretary of health and human services for deposit in the fund. The secretary shall promulgate regulations for implementation of the surcharge and such regulations shall: (i) include a schedule for surcharge payments; and (ii) require each surcharge payor to pay a portion of the total behavioral health surcharge amount proportional to their payments subject to surcharge during the most recent period for which data is available.
(c) In the case of a transfer of ownership, a surcharge payor's liability to the fund shall be assumed by the successor in interest to the surcharge payor.
(d) The secretary shall establish by regulation an appropriate mechanism for enforcing a surcharge payor's liability to the fund if a surcharge payor does not make a scheduled payment to the fund; provided, however, that the secretary may establish threshold liability amounts below which enforcement may be modified or waived. Such enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month. Such enforcement mechanism may also include notification to the office of Medicaid requiring an offset of payments on the claims of the surcharge payor, any entity under common ownership or any successor in interest to the surcharge payor from the office of Medicaid in the amount of payment owed to the fund, including any interest and penalties, and transfer of the withheld amounts into the fund. If the office of Medicaid offsets claims payments as ordered by the secretary, the office of Medicaid shall be considered not to be in breach of contract or any other obligation for payment of non-contracted services and a surcharge payor whose payment is offset under an order of the secretary shall serve all recipients of assistance under Title XIX of the federal Social Security Act under the contract then in effect with the executive office. The secretary shall not direct the office of Medicaid to offset claims unless the surcharge payor has maintained an outstanding liability to the fund for a period longer than 45 days and has received proper notice that the secretary intends to initiate enforcement actions under regulations promulgated by the secretary.