State House

Representative Steven Howitt Supports Economic Development, Jobs Creation Bill Legislation provides for restaurant relief, zoning reform, and sports betting

Boston – State Representative Steven Howitt (R-Seekonk) supported a multimillion dollar economic development bill

Steven Howitt designed to stimulate job growth and provide additional support to cities, towns and businesses during the COVID-19 pandemic.

House Bill 4879, An Act enabling partnerships for growth, was engrossed by the House of Representatives on a vote of 156-3 on July 28 following two days of debate. The bill is a redrafted version of legislation that was originally filed by Governor Charlie Baker on March 4.

In addition to authorizing $456 million in bond funding to support housing production, workforce training initiatives, climate resiliency, small businesses, cultural organizations, and a variety of local earmarks, House Bill 4879 puts forth a number of policy initiatives, including legalized sports betting in Massachusetts and additional protective guidelines governing evictions during COVID-19. The bill also contains local zoning reform language originally included in Governor Baker’s Housing Choice legislation to help address the state’s affordable housing shortage.

Representative Howitt noted that House Bill 4879 sanctions betting on both professional and college sporting events by individuals 21 and older. The Massachusetts Gaming Commission would regulate and license operators to accept wagers, including the state’s casinos, racetracks, and fantasy sports companies. Wagers can be placed in-person or online, but racetracks will be limited to in-person betting.

Local restaurants impacted by the 2019 novel coronavirus stand to benefit from the revenues generated by sports betting. The House bill would set aside 30% of those revenues for a new Distressed Restaurant Trust Fund, or about $15 million a year based on projections. This fund would provide one-time grants of up to $15,000 to help cover payroll expenses, rent and mortgage, insurance costs, past due payments for supplies, goods or services, and the procurement of personal protective equipment.

During floor debate, Representative Howitt supported an amendment allowing restaurants to delay submitting their meals tax revenues for the remainder of the year without penalties or interest, and capping at 15% of the total purchase price the fees third-party delivery services can charge restaurants for online orders. The amendment allows for meals taxes collected between August 1 and October 31 to be paid by November 20, and meals taxes collected in November and December to be paid by January 20, 2021. It also keeps the delivery fee cap in place until 45 days after the COVID-19 State of Emergency is lifted.

House Bill 4879 builds on prior restaurant relief measures approved by the Legislature. Representative Howitt previously supported legislation allowing restaurants to offer beer and wine with food takeout orders, and recently supported expanding these takeout options to include mixed drinks.

The state’s lack of affordable housing is addressed in the House bill. Between 1960 and 1990, housing production in Massachusetts averaged 900,000 units annually, but since 1990, that number has fallen dramatically, to an average of 430,000 units. To encourage more housing development, House Bill 4879 contains language lowering the threshold for certain local zoning changes from a two-thirds vote to a simple majority. This includes zoning for smart growth zoning districts, mixed-use housing, multi-family housing, and transit-oriented development situated near rapid transit, commuter rail, and bus and ferry terminals.

To help protect renters and homeowners, Governor Baker recently extended the statewide moratorium on evictions and foreclosures, which was due to expire on August 18, which will now run through October 17. House Bill 4879 makes additional changes to the state’s eviction laws by requiring the Executive Office of Housing and Economic Development to develop a standard notice of eviction rights and responsibilities form for tenants facing eviction. The bill also requires pre-eviction mediation to take place before an eviction hearing, and prohibits such hearings from proceeding unless the court determines the tenant and landlord have made a good-faith effort to come to a resolution in a pre-eviction mediation. Tenants can prevent the termination of their tenancy by paying the landlord all of the rent that is due including interest and cost of action.

House Bill 4879 would also: • increase the annual cap on the Housing Development Incentive Program from $10 million to $30 million to encourage more multi-unit, market-rate housing; • allow for the establishment of Tourism Destination Marketing

Districts; and • create a special legislative commission to make recommendations on addressing the recovery of the state’s cultural and creative sector, including the arts, humanities and sciences.

House Bill 4879 now moves to the Senate for its consideration.

Representative Steven Howitt Supports Bill Expanding Telehealth Options

Boston – State Representative Steven Howitt (R-Seekonk) supported health care legislation that will provide Massachusetts residents with increased access to telehealth services during the COVID-19 global pandemic.

House Bill 4888, An Act to promote resilience in our health care system, was engrossed by the House of Representatives on July 29 by a vote of 158-0, following two days of debate. The Senate previously passed its own version of the bill (Senate Bill 2796) on June 25.

Representative Howitt commented that the House bill requires both public and private insurers to treat telehealth services in the same manner as in-person doctor visits, with deductibles, copayments and co-insurance requirements not allowed to exceed the in-person rate. He said these rate parity protections are needed as more residents turn to telehealth as a safer option to help minimize their exposure to the 2019 novel coronavirus.

According to a July 24 CommonWealth Magazine article, 13 percent of medical claims filed nationally in April of 2020 were for telehealth, compared to less than 1 percent in April of 2019. The article also noted that Blue Cross Blue Shield of Massachusetts has processed 2.6 million telehealth claims since March 15.

Representative Howitt said House Bill 4888 will keep rate parity between in-network telehealth services and in-person services in place until July 31, 2021. The bill also establishes a temporary outof-network rate for emergency services, and prohibits cost-sharing requirements for all emergency and inpatient services related to COVID-19 delivered by in-network and out-of-network providers during the same time period.

House Bill 4888 also provides permanent rate parity protections for individuals receiving behavioral health services. These services include the diagnosis, treatment and management of patients with mental health or substance use disorders.

In addition, House Bill 4888 includes language: • directing the Health Policy Commission, in consultation with the

Center for Health Information and Analysis, to file a report by

December 31, 2022 on telehealth service use in Massachusetts and its effects on health care access and system costs; • prohibiting MassHealth and its contracted carriers from requiring prior authorization for patients to receive services at an urgent care facility; • requiring MassHealth to pay nursing facilities for a 20-day bed hold for any enrollee who is admitted to a hospital for treatment of the 2019 novel coronavirus; • allowing nurse practitioners and psychiatric nurse mental health clinical specialists to prescribe certain controlled substances; and • requiring the assistant secretary for MassHealth to provide testimony at the annual Health Policy Commission Cost Trends hearing regarding programs administered by MassHealth and its efforts to redesign these programs to encourage the development of more integrated and efficient heath care delivery services.

Several amendments to the bill were adopted during floor debate, including proposals to: • add inpatient services and cognitive rehabilitation services to the list of services related to the 2019 novel coronavirus that insurers must provide coverage for, through both in-network and out-of-network providers; • increase enrollment, retention and minority participation in cancer clinical trials and eliminate financial barriers to participation by informing trial subjects – as well as family, friends and chaperones who accompany them – of their eligibility to be reimbursed for travel expenses and other ancillary costs through government entities, study sponsors, public and private foundations, corporations and individuals; • allow for greater physician discretion in issuing prescriptions and refills to patients via telehealth without requiring an inperson visit; • establish a rare disease advisory council to focus on diseases that affects fewer than 200,000 people in the United States, has status as an orphan disease for research purposes, or is known to be substantially under-diagnosed and unrecognized as a result of a lack of adequate diagnostic and research information; • expand the requirement for providers to offer coverage for all emergency and inpatient services related to COVID-19 to include all medically necessary outpatient testing, including testing of asymptomatic individuals; • establish an advisory council on pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS) and pediatric acute neuropsychiatric syndrome (PANS) within the Department of Public Health (DPH); • prohibit acute care hospitals from discontinuing any essential health service while the COVID-19 State of Emergency remains in effect; • require the Executive Office of Health and Human Services (EOHHS) to study the feasibility and cost of converting multiple occupancy bedrooms into single occupancy bedrooms within long-term care facilities to comply with infection control standards and to provide private isolation space for residents to protect against the spread of contagious diseases; • expand telehealth access to services while a patient is located in their place of residence as well as any additional originating sites of care as recommended by the HPC, and require the

HPC to issue recommendations on telehealth services, which shall be promulgated via regulations by the Division of Insurance and Division of Medical Assistance; • direct the House of Representatives’ Commonwealth Resilience and Recovery Special Committee to hold a hearing to determine the available supplies of personal protective equipment (PPE) for acute care hospitals and other entities, and to

determine anticipated demand for PPE; • require EOHHS to establish an online PPE exchange for health care and elder care providers; • allow accountable care organizations (ACOs) to provide health care services and determine which providers of health care services and free-standing ancillary services shall be approved to provide services to patients of ACOs; and • require general acute care hospitals, acute care specialty hospitals, and other facilities to establish and develop a health care workforce care planning committee, which will be responsible for developing and implementing a comprehensive care team plan that must be submitted annually to DPH and the Health

Policy Commission as a condition of licensure.

The House and the Senate will now appoint a conference committee to work to reconcile the differences between the two bills.

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