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June 2017 State Update
June 16, 2017
State Updates
ACS CAN Massachusetts will be focusing on the following issues in the 2017-2018 Legislative Session:
Comprehensive Youth Tobacco Prevention: Comprehensive tobacco control legislation which would increase the age of sale for tobacco products from 18 to 21, prohibit sales of tobacco in pharmacies, add electronic-cigarettes to the state’s smoke-free workplace law, require child-proof caps on liquid nicotine containers and prohibit tobacco use on public and private school property.
The bill was filed in January in both the House and the Senate. The Senate version has 15 Representative co-sponsors and 10 Senate co-sponsors, and has been assigned to the Joint Committee on Public Health. At the close of the deadline for Representatives to officially co-sponsor the House bill, we had 95 out of 160 House members co-sponsor the bill. 9 Senate members also signed onto the House bill.
On May 16th, the Joint Committee on Public Health held a public hearing on the bill, where ACS CAN had 4 volunteers testify as part of our work with the Tobacco Free Mass coalition. ACS CAN also submitted written testimony in support of the bill. Three of the volunteers were high school students from Hopkinton who testified about how they are seeing their peers starting to use tobacco products due to peer pressure from older classmates who can purchase tobacco legally. The fourth volunteer shared his story in testimony, sharing with the committee how he began smoking at the age of 14 and could purchase packs of cigarettes from the older siblings of friends that could purchase it legally. We are hopeful the bill will be voted favorably out of committee soon.
To help encourage the committee members to vote the bill out of committee sooner rather than later, the Tobacco Free Mass coalition, of which ACS CAN is a leading member, held a Lobby Day on May 18th. The event brought about 50 volunteers and advocates from across the state to the State House. These advocates met with their lawmakers, and asked that they champion the bill and encourage their colleagues on the Joint Committee of Public Health to move the bill.
We are still looking for stories of past or current smokers that started using tobacco prior to age 21 to share with our lawmakers. Please connect them with Melissa via email at [email protected] or via phone at 508-270-4683.
Transparency in Prescription Drug Formularies: As consumers are asked to be more savvy health care shoppers, they can only do so with accurate information. While the cost of a drug varies significantly depending on the source, consumers who are increasingly facing co-insurance (rather than a fixed co-pay) must know the cost of a drug before they can choose the plan that best meets their needs. Without this information, consumers may pick the wrong plan, unnecessarily increasing their cost and likelihood that they forgo needed medications. This bill would ensure that all the necessary cost information is available to consumers when they choose their health plans.
This bill was filed in January in both the House and Senate, and has been assigned to the Joint Committee on Financial Services. The next step will be for the committee to schedule a public hearing on the bill.
Prohibiting Insurers from Charging Higher Premiums for Tobacco Users: Would prohibit insurers from charging higher premiums for tobacco users. Current law provides for the Commissioner of Insurance to decide each year whether to allow tobacco as a rating factor.
This bill was filed in January in the House and assigned to the Joint Committee on Financial Services. The next step will be for the committee to schedule a public hearing on the bill.
Office of Health Equity: Despite measured progress, disparate populations continue to have worse health outcomes than the majority population on nearly every key health indicator in Massachusetts. They continue to bear an unequal burden of disease and death that is costly and unconscionable, and even worse – preventable. Along with the Disparities Action Network (DAN), ACS CAN supports codifying the Office of Health Equity as a Secretariat-level permanent, centralized place in state government to spearhead efforts to eliminate these disparities, allowing for coordination of a wide range of relevant agencies which must play a role in eliminating disparities.
This bill was filed in January in both the House and Senate and both have been assigned to the Joint Committee on Health Care Financing. The next step will be for the committee to schedule a public hearing on the bill.
Brown-bagging/White-bagging: Seeks to deal with recent changes to certain health plan benefit structures in Massachusetts which require patients to obtain non-self-administered, injected or infused specialty medications through a specialty pharmacy. Movement of non-self-administered drugs from the medical benefit to pharmacy benefit and requirements to obtain medication through specialty pharmacies are growing market trends. In such cases, affected medications will no longer be covered in most cases unless:
- The patient brings the drug to his/her physician’s office to be administered by a clinician (brown bagging); or
- The specialty pharmacy delivers the product directly to a clinic for use by the specific patient (white bagging).
The bill is SB1211 - An Act to review the quality and patient safety of dispensing certain cancer and chronic disease related drugs, filed by Senator Keenan. It has been assigned to the joint Committee on Public Health. On May 16th, the Joint Committee on Public Health held a public hearing on the bill, where ACS CAN submitted joint written testimony with partner organizations in support of the bill. We are now waiting for the committee to release the bill.
An Act Relative to Expanding Access to Healthy Food Choices in Vending Machines on State Property:
Traditional vending machines are frequented by community members in public buildings, parks, and recreation centers. Too often these machines sell snacks and beverages high in sugar, trans fat, saturated fat, and salt, with little nutritional value. State and local governments can increase access to healthy foods and beverages sold on public property by requiring all vending service providers ensure that healthier options are sold in vending machines. This bill takes a reasonable approach and will add better choices on state property, increasing access to healthier foods and beverages.
This bill was filed in January in both the House and Senate, and both have been assigned to the Joint Committee on Public Health. On May 16th, the Committee held a public hearing on the bill, where many of our partners testified in support of the bill, and ACS CAN submitted written testimony in support of the bill. We are now waiting for the committee to release the bill.
An Act to Promote Quality Physical Education: Requires minimum standards for quality physical education and the assessment of the standards to increase accountability of schools to provide quality physical education.
This bill was filed in January in both the House and Senate, and both have been assigned to the Joint Committee on Public Health. The next step will be for the committee to schedule a public hearing on the bill.
Fiscal Year 2018 State Budget Priorities
Massachusetts Budget Process:
- In January, the Governor released his FY18 budget proposal.
- On March 31, the House & Senate held a joint public hearing on the portion of the budget that we testified at.
- In April, the House held their debate and approve its FY 2018 budget proposal.
- In late May, the Senate held their debate and approve its FY 2018 budget proposal.
- In June, a joint House/Senate conference committee will work to reconcile differences between these two budgets.
The final budget plan, which requires the Governor's signature, will ideally be completed by July 1st, the beginning of FY 2018.
Tobacco Cessation and Prevention Funding: Within the debate over the fiscal year 2018 state budget, ACS CAN will advocate for at least level funding for the state’s tobacco cessation and prevention program in the Department of Public Health.
The Massachusetts Tobacco Cessation and Prevention program was level funded at $3.8 million in both the House and Senate budget so that should be the final number that comes out of conference committee. Given the major deficit, level funding is a victory this year.
We were successful at getting an amendment adopted in the Senate budget that would increase the tax on flavored cigars which are usually cheap and target kids with their fruity flavors. The tax would go from the current 40% of the wholesale price to 210% of wholesale which is the tax rate for Other Tobacco Products such as chewing tobacco and snus. The estimated $10 million which would be raised by the tax increase would be dedicated to the Prevention and Wellness Trust Fund which is not otherwise funded after the current fiscal year.
Breast and Cervical Cancer Screening: Within the debate over the fiscal year 2018 state budget, ACS CAN will advocate for sufficient funding for the Breast and Cervical Cancer Early Detection and Treatment Programs.
This line item has been flat funded in Governor Baker’s FY18 budget and the House budget.
Prostate Cancer Education, Awareness and Research: Within the debate over the fiscal year 2018 state budget, ACS CAN will advocate for continued funding for a prostate cancer education, awareness and research program within the Department of Public Health.
This line item has been cut completely from Governor Baker’s FY18 budget, but was funded at $550,000 in the House budget. Unfortunately, the Senate only included $300,000.
Pediatric Palliative Care Program: The House budget funded the program at $1.8 million, and the Senate proposed budget increased the funding to $2.6 million. This funding level would wipe out the current waiting list of 165 families waiting for services. The state's pediatric palliative care network provides services like counseling and case management to children under 19 years of age "to achieve an improved quality of life and to meet the physical, emotional and spiritual needs experienced during illness, death and bereavement.” The law says children with "life-limiting" illnesses including cancer, AIDS and congenital anomalies can be eligible.
Brown-bagging/White-bagging: Both the House and Senate include language directing the Massachusetts Health Policy Commission to investigate the impacts of the insurance practice of brown bagging and white bagging (the practice of making patients get their injectable medication themselves and then bring it to their doctor).