§ 2 — Health policy commission; governing board; members; duties and powers; annual report

Section 2.
(a) There shall be established within the executive office for
administration and finance, but not under its control, a state agency known as
the health policy commission. The commission shall be an independent public
entity not subject to the supervision and control of any other executive office,
department, commission, board, bureau, agency or political subdivision of the
commonwealth.[ Subsections (b) and (c) effective until July 1, 2025. For text effective July 1,
2025, see below.](b) There shall be a board, with duties and powers established by this
chapter, which shall govern the commission. The board shall consist of 11
members: 1 of whom shall be the secretary for administration and finance, ex
officio; 1 of whom shall be the secretary of health and human services, exofficio;
and 3 of whom shall be shall be appointed by the governor, 1 of whom
shall serve as chairperson; 3 of whom shall be appointed by the attorney
general; and three members shall be appointed by the auditor. All appointments
after the initial term of appointment shall serve a term of 5 years, but a
person appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the board shall be eligible for reappointment; however, no
appointed member shall hold full or part-time employment in the executive
branch of state government. The board shall annually elect 1 of its members to
serve as vice-chairperson. Each member of the board shall be a resident of the
commonwealth. Each member of the board serving ex officio may appoint a
designee under section 6A of chapter 30.The person appointed by the governor to serve as chairperson shall have
demonstrated expertise in health care delivery, health care management at a
senior level or health care finance and administration, including payment
methodologies. The initial appointment of the chairperson shall be for a term of
3 years; provided, however, that subsequent appointments shall be for a term of
5 years. The second person appointed by the governor, shall have demonstrated
expertise in health plan administration and finance and shall be initially
appointed for a term of 4 years. The third person appointed by the governor,
shall be a primary care physician and shall be initially appointed for a term of 5
years. Of those persons appointed by the attorney general, 1 shall have
demonstrated expertise in health care consumer advocacy and shall be initially
appointed for a term of 2 years; 1 shall be a health economist and shall be
initially appointed for a term of 3 years; and 1 shall have expertise in behavioral
health, substance use disorder, mental health services and mental health
reimbursement systems and shall be initially appointed for a term of 1 year. Of
those persons appointed by the auditor, 1 shall have demonstrated expertise in
representing the health care workforce as a leader in a labor organization and
shall be initially appointed for a term of 4 years; 1 shall have demonstrated
expertise as a purchaser of health insurance representing business management
or health benefits administration and shall be initially appointed for a term of 3
years; and 1 shall be a registered nurse with demonstrated expertise in the
development and utilization of innovative treatments for patient care and shall
be appointed for a term of 5 years.(c) Six members of the board shall constitute a quorum, and the affirmative
vote of 6 members of the board shall be necessary and sufficient for any action
taken by the board. No vacancy in the membership of the board shall impair
the right of a quorum to exercise all the rights and duties of the commission.
Members shall serve without pay, but shall be reimbursed for actual expenses
necessarily incurred in the performance of their duties. A member of the board
shall not be employed by, a consultant to, a member of the board of directors of,
affiliated with, have a financial stake in or otherwise be a representative of a
health care entity while serving on the board.[ Subsections (b) and (c) as amended by 2024, 343, Sec. 12 effective July 1,
2025. See 2024, 343, Sec. 88. For text effective until July 1, 2025, see above.](b)(1) There shall be a board, with duties and powers established by this
chapter, which shall govern the commission. The board shall consist of 11
members: 1 of whom shall be the secretary of health and human services, or a
designee; 1 of whom shall be the commissioner of insurance, or a designee; 6 of
whom shall be appointed by the governor, 1 of whom shall serve as chairperson, 1 of whom shall be selected from a list of 3 nominees submitted by the president
of the senate and 1 of whom shall be selected from a list of 3 nominees
submitted by the speaker of the house or representatives; and 3 of whom shall
be appointed by the attorney general. All appointed members shall serve for a
term of 5 years, but a person appointed to fill a vacancy shall serve only for the
remainder of the unexpired term. An appointed member of the board shall be
eligible for reappointment; provided, however, that no appointed member shall
hold full or part-time employment in the executive branch of state government.
The board shall annually elect 1 of its members to serve as vice-chairperson.
Each member of the board shall be a resident of the commonwealth.(2) The person appointed by the governor to serve as chairperson shall have
demonstrated expertise in health care administration, finance and management
at a senior level. The second person appointed by the governor, shall have
demonstrated expertise in representing hospitals or hospital health systems.
The third person appointed by the governor shall have demonstrated expertise
in health plan administration and finance. The fourth person appointed by the
governor shall be a registered nurse with expertise in the delivery of care and
development and utilization of innovative treatments in the practice of patient
care. The fifth person appointed by the governor, from the list of nominees
submitted by the president of the senate, shall have demonstrated expertise in
representing the health care workforce as a leader in a labor organization. The
sixth person appointed by the governor, from the list of nominees submitted by
the speaker of the house of representatives, shall have demonstrated expertise
in health care innovation, including pharmaceuticals, biotechnology or medical
devices. The first person appointed by the attorney general shall be a health
economist. The second person appointed by the attorney general shall have
demonstrated expertise in health care consumer advocacy. The third person
appointed by the attorney general shall have expertise in behavioral health,
substance use disorder, mental health services and mental health reimbursement
systems.(c) Six members of the board shall constitute a quorum, and the affirmative
vote of 6 members of the board shall be necessary and sufficient for any action
taken by the board. No vacancy in the membership of the board shall impair
the right of a quorum to exercise all the rights and duties of the commission.
The appointed members of the board shall receive a stipend in an amount not
more than 10 per cent of the salary of the secretary of administration and
finance under section 4 of chapter 7; provided, however, that the chairperson
shall receive a stipend in an amount not more than 12 per cent of the salary of
the secretary of administration and finance under said section 4 of said chapter
7. The secretary of health and human services and the commissioner of
insurance, or their designees, shall not receive a stipend for their service as
board members. A member of the board shall not be employed by, a consultant
to, a member of the board of directors of, affiliated with, have a financial stake
in or otherwise be a representative of a health care entity while serving on the
board. (d) Any action of the commission may take effect immediately and need not
be published or posted unless otherwise provided by law. Meetings of the
commission shall be subject to sections 18 to 25, inclusive, of chapter 30A;
provided however that said sections shall not apply to any meeting of members
of the commission serving ex officio in the exercise of their duties as officers of
the commonwealth if no matters relating to the official business of the commission
are discussed and decided at the meeting. The commission shall be subject
to all other provisions of said chapter 30A, and records pertaining to the
administration of the commission shall be subject to section 42 of chapter 30 and
section 10 of chapter 66. All moneys of the commission shall be considered to
be public funds for purposes of chapter 12A. Except as otherwise provided in
this section, the operations of the commission shall be subject to chapter 268A
and chapter 268B.(d) Any action of the commission may take effect immediately and need not
be published or posted unless otherwise provided by law. Meetings of the
commission shall be subject to sections 18 to 25, inclusive, of chapter 30A;
provided however that said sections shall not apply to any meeting of members
of the commission serving ex officio in the exercise of their duties as officers of
the commonwealth if no matters relating to the official business of the commission
are discussed and decided at the meeting. The commission shall be subject
to all other provisions of said chapter 30A, and records pertaining to the
administration of the commission shall be subject to section 42 of chapter 30 and
section 10 of chapter 66. All moneys of the commission shall be considered to
be public funds for purposes of chapter 12A. Except as otherwise provided in
this section, the operations of the commission shall be subject to chapter 268A
and chapter 268B.The commission shall not be required to obtain the approval of any other
officer or employee of any executive agency in connection with the collection or
analysis of any information; nor shall the commission be required, prior to
publication, to obtain the approval of any other officer or employee of any
executive agency with respect to the substance of any reports which the
commission has prepared under this chapter.(e) The board shall appoint an executive director by a majority vote. The
executive director shall supervise the administrative affairs and general management
and operations of the commission and also serve as secretary of the
commission, ex officio. The executive director shall receive a salary commensurate
with the duties of the office. The executive director may appoint other
officers and employees of the commission necessary to the functioning of the
commission.The executive director shall not be required to obtain the approval of any
other executive agency in connection with appointment of employees. Sections
9A, 45, 46 and 46C of chapter 30, chapter 31 and chapter 150E shall not apply to
the executive director of the commission. Sections 45, 46 and 46C of chapter 30
shall not apply to any employee of the commission. The executive director may
establish personnel regulations for the officers and employees of the commission.
The executive director shall file an annual personnel report not later than the
first Wednesday in February with the senate and house committees on ways
and means containing the job classifications, duties and salary of each officer
and employee within the center together with personnel regulations applicable
to said officers and employees. The executive director shall file amendments to
such report with the senate and house committees on ways and means whenever
any changes become effective.The executive director shall, with the approval of the board:(i) plan, direct, coordinate and execute administrative functions in conformity
with the policies and directives of the board;(ii) employ professional and clerical staff as necessary;(iii) report to the board on all operations under their control and supervision;(iv) prepare an annual budget and manage the administrative expenses of the
commission; and(v) undertake any other activities necessary to implement the powers and
duties under this chapter.The board may approve the use of funds from the Healthcare Payment
Reform Fund to support the annual budget of the commission, in addition to
funds from any other source and any funds appropriated therefor by the general
court. The commission shall not be required to obtain the approval of any other
executive agency in connection with the development and administration of its
annual budget.(f) Chapter 268A shall apply to all board members, except that the commission
may purchase from, sell to, borrow from, contract with or otherwise deal
with any organization in which any board member is in anyway interested or
involved; provided, however, that such interest or involvement shall be disclosed
in advance to the board and recorded in the minutes of the proceedings of the
board; and provided further, that no member shall be deemed to have violated
section 4 of said chapter 268A because of such member’s receipt of such
member’s usual and regular compensation from such member’s employer during
the time in which the member participates in the activities of the board.(g) The executive director shall appoint and may remove such agents and
subordinate officers as the executive director may consider necessary and may
establish such subdivisions within the commission as the excutive director
considers appropriate to fulfill the purposes under this chapter,.The commission shall adopt and amend rules and regulations, underh chapter
30A, for the administration of its duties and powers and to effectuate this
chapter.