THE LYNNFIELD ADVOCATE – Friday, July 13, 2018
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Beacon Hill Roll Call By Bob Katzen
THE HOUSE AND SENATE. Beacon Hill Roll Call records local senators and representatives’ votes on roll calls from recent sessions. There were no roll calls in the House or Senate last week. A note to readers from Bob Katzen, Publisher of Beacon Hill Roll Call: I’ve been covering the Massachusetts Legislature for 43 years and would never think of doing it without a copy of and online access to the “Massachusetts Political Almanac.” It’s very simple: The Almanac is the bible for tens of thousands of people across the state -- from government officials, movers and shakers and the media to political junkies, interested citizens and casual observers. The 2018 version is hot off the press and you should definitely get your copy now. You will also get exclusive 24/7 access to the Almanac’s acclaimed and constantly updated website and the AlmanAPP, a free app on your smartphone. The Almanac could be subtitled “Everything You Ever Wanted to Know about State Government and its ‘Cast of Characters,’ And MORE!” It includes hundreds of pages of profiles of and key facts about thousands of people on Beacon Hill from Gov. Charlie Baker, his cabinet secretaries and other key executive branch officials to the state’s 200 legislators, judges, U.S. senators, congressmen, congresswomen and other key players who make decisions every day that affect your life. You’ll also have access to state senators and representatives’ key votes and each legislator’s rating by public policy groups (AKA lobbyists) including the Gun Owner’s Action League, the Environmental League, Citizens for Limited Taxation and Planned Parenthood. You will never again have to waste your time searching for an e-mail address, phone number or other contact info of “anyone who is anyone” in state government. It’s all right there! And if info you “need”is NOT in the Political Almanac, you probably DON’T NEED IT! And this year, they’ve outdone themselves, going beyond officeholders to provide readers an indepth description of the campaign process as it REALLY works, and candid profiles of every candidate for statewide office and Congress, along with campaign-staff info you can’t get anywhere else. Plus there are the usual tasty tidbits of wonkery, like what issues each legislator thinks are a priority. Don’t wait another minute! For more information and to order your copy, website subscription with 24/7 access and app, go to either The Almanac’s website at www.masspa.com/order.htmor Amazon at https://www.amazon.
com/Massachusetts-Political-Al- past few years through the budmanac-2018/dp/1979098484/ get to stabilize the early education workforce through increased ALLOW TALK THERAPY rates for providers and supports TO ATTEMPT TO to address the challenging situaCONVERT SEXUAL tions that even our youngest chilORIENTATION (H 4664) dren encounter.” House 34-116, rejected an (A “Yes” vote is for the bill.) amendment to a bill prohibiting Rep. Bradley Jones Yes psychiatrists, psychologists and other health care providers from BAN TOXIC FLAME attempting to change the sexu- RETARDANTS (S 2555) al orientation or gender identity Senate 37-0, approved and sent of anyone under 18. Conversion to the House a bill that would ban therapy uses shock therapy and ten toxic flame retardants from exposes the person to a stimu- children’s products, bedding, carlus while simultaneously subject- peting and residential upholstered ing him or her to a shock or some furniture sold or manufactured in form of discomfort. Massachusetts, except for inventoThe amendment would still ban ry already manufactured prior to shock therapy but would also al- January 1, 2019. Another provision low the provider to “utilize speech requires the Department of Envialone to assist patient in achieving ronmental Protection to review, his or her desired sexual orienta- at least every three years, chemition or gender identity.” cal flame retardants used in these “I agree that aversive therapy products and include them on the should be eliminated,” said Rep. list of prohibited chemical flame Jim Lyons (R-Andover), the spon- retardants that are documented sor of the amendment. “However, to pose a health risk. the bill as presented is a direct viVehicles, watercraft and aircraft olation of both First Amendment are exempt from this law as are rights and parental rights.” any previously owned product Rep. Marc Lombardo (R-Billerica) that contains a retardant. Violators said that the U.S. Supreme Court, would be fined up to $1,000 for a in a recent case ruled that “profes- first offense and up to $5,000 for sional speech” is free speech and subsequent offenses. can’t be restricted.” Supporters explained that since Opponents said the bill is con- 1975, manufacturers have addstitutional. They argued the bill ed chemical flame retardants to does not limit free speech but sim- a wide array of household items ply limits an unrecognized medi- including products with polycal practice. urethane foam, such as sofas, car (A “Yes” vote is for the amend- seats, strollers and nap mats. They ment allowing talk therapy. A “No” are also incorporated into elecvote is against it.) tronic products and building inRep. Bradley Jones Yes sulation. They argued that the retardants, EARLY EDUCATION (H 4665) while well-intentioned, do more House 151-0, approved and harm than good and have been sent to the Senate a bill designed linked to an increased risk of canto improve early childhood edu- cer, fertility problems, neurological cation. The legislation would es- disorders and other major health tablish an early childhood mental concerns. health consultation grant program “I first filed this legislation severto provide consultation services to al sessions ago, after I read about meet the behavioral health needs the negative health consequencof children in early education and es from foam furniture and home care programs. It also creates a products like mattresses, rug pads scholarship program for early and children’s plush toys laced childhood educators to cover the with dangerous flame retardants,” cost of their education including said the bill’s sponsor Sen. Cindy tuition and fees. These programs Creem (D-Newton).“As the chemihave been temporarily created an- cals turn into household dust, they nually as part of the state budget pose a risk particularly for small for several years, but the bill would children and animals. When I remake the programs permanent. filed the bill, firefighter organizaThe proposal also requires the tions became strong supporters Department ofEarly Education because they have an even greatand Care to review the subsidized er health risk from inhaling burnrate structure on a regular basis ing and smoldering toxics. I want to ensure it is adequate to deliver to make homes safer and toxinhigh-quality early education. free to protect the next genera“High quality early education tion and our first responders now.” has been shown to be very effec(A “Yes” vote is for the bill.) Yes tive in closing the achievement Sen. Brendan Crighton gap between those with resources and those without,”said Rep. Alice ROAD SAFETY (S 2570) Peisch (D-Wellesley), the chair of Senate 37-0, approved and sent the Education Committee and the to the House a bill designed to original sponsor of the bill. “Each make roads safer and decrease the component of this bill is designed number of fatalities. to support improved quality in liThe proposal requires bicyclists censed early education programs at night to use both a red rear light in the commonwealth.The legis- and a red rear reflector. Current lation builds on efforts over the law requires only a red light or a
Joseph D. Cataldo “YOUR FINANCIAL FOCUS”
Masshealth Due Process Violations Exposed In The Maas/Hirvi Cases
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n a June 22, 2018 decision, Justice H. Douglas of the Suffolk County Superior Court rendered a key decision essentially making it clear that MassHealth must provide a clear reason as to why an applicant is being denied MassHealth benefits in the context of an irrevocable trust. Currently, MassHealth simply sends out a denial notice stating that the applicant has excess assets. No clear reason is stated on the notice as to what provision(s) in the trust lead to the conclusion that all of the assets held in the trust are a countable resource for eligibility purposes. Justice Douglas, who has an outstanding administrative law background, wrote an excellent and well-reasoned opinion making it clear that federal law requires a clear statement of the specific reasons supporting the intended actions to be taken by any administrative agency, including MassHealth. He goes on further to state that the reasons for the de-
nial must be timely and adequate and must comply with 42 Code of Federal Regulations, Section 431.210. The current approach by MassHealth is to submit its legal memorandum the day of the hearing. Justice Douglas stated this does not provide the applicant enough time to adequately prepare for the hearing. He stated it does not matter that the hearing is often left open giving the applicant additional time to present his or her response to the denial notice. Often times, a hearing date is not even scheduled until months after the denial notice is first issued. I currently have a case where we filed for an appeal over six months ago. No hearing date as of yet. Six months later we do not know which provision(s) of the trust is being challenged. Justice Wilkins went out of his way to let MassHealth know it must be timely and clear in the reasons for its denial notice. If not, the denial notice will not be in compliance with federal and state law. If that is the case, an action may be brought to obtain immediate approval of MassHealth benefits. The fight for fair dealings and administrative consistency continues. Members of the Massachusetts Chapter of the National Association of Elder Law Attorneys are consistently advocating for their elderly clients. It’s a cause worth fighting for.
Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, registered investment advisor, AICPA Personal Financial Specialist and holds a masters degree in taxation.
red reflector. Current law and the new law both require a white light in the front. The bill classifies several groups, including pedestrians, utility workers, first responders and cyclists, as “vulnerable road users.” The measure requires the operator of a motor vehicle that is passing a vulnerable user to maintain a distance of at least three feet when traveling at 30 miles per hour or less and an additional foot of space for every ten miles per hour above 30 miles per hour.Current law only requires motor vehicle operators to pass at “a safe distance and at a reasonable and proper speed.” Another provision requires a vehicle that is overtaking a vulnerable user or other vehicle to use all or part of an adjacent lane, cross-
ing the centerline if necessary, when it cannot pass at a safe distance in the same lane and only when it is safe to do so. The legislation also requires certain large vehicles or trailers that are purchased or leased by the state after January 1, 2019 to be equipped with lateral protective devices, convex mirrors and crossover mirrors. “We need to keep working year after year to achieve a future in which traffic fatalities get as close as possible to zero,” said Sen. Will Brownsberger (D-Belmont), lead sponsor of the bill in the Senate. “This bill will help us move in the right direction.” “We have seen too many unnec-
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