Massachusetts Action Center

Massachusetts Legislature Wraps Up Formal Sessions

Every two years the formal Massachusetts legislative sessions ends at midnight on July 31. This year, the clock was ignored as legislators raced to finish work for the session, extending debate and votes until 1:30 AM on Friday, August 1. This ended the 2007-08 session, one that focused greatly on access to health care.

Ensuring access to health care, managing health care costs, funding for life-saving cancer prevention and detection programs, increasing the cigarette tax and funding for the states’ tobacco control program were just a few of the priorities of the American Cancer Society which were taken up during the productive session.

However, this session was a challenge given the fiscal climate. The state and national economies have been struggling under the weight of increased energy and food costs, minimal revenue increases, and significant cost increases for health reform. Legislators were forced to make difficult decisions and we commend them for the investments they did make in our priorities and for our constituents. We also thank Society staff and volunteers for, as always, serving as our best advocates.

Below are details of how American Cancer Society priorities fared.

 Tobacco Tax Increase

The state cigarette tax was increased by one dollar to $2.51, giving Massachusetts the third highest tax in the nation behind only New York and New Jersey!

The increase is expected to raise more then $150 million and will help fund the continued implementation of the Massachusetts Health Reform Law. More importantly, it will help reduce smoking rates in Massachusetts with an estimated 25,000 current smokers expected to quit and 46,000 kids never beginning to smoke. Already, in the first month since the cigarette tax was increased, the states’ Quit-line has received 7,000 calls compared to the 300-400 calls they had seen per month prior to the tax increase.

This achievement was possible thanks to dozens and dozens of e-mails sent to legislators from American Cancer Society staff and advocates leading up to final passage of the bill. Thank you!

FY 2009 Budget

The Massachusetts FY2009 budget funds state programs for the fiscal year running from July 1, 2008 through June 31, 2009, including several prevention and early detection programs prioritized by the Society.

$12,750,000 for Massachusetts Tobacco Control Program: Level-funded after a $4,000,000 increase in FY08. The program funds the states’ Quitline, local boards of health programs, youth education and outreach, and media campaigns to reduce smoking rates across the state.

$14,700,000 for Disease Prevention & Detection Programs: An increase of over $500,000 from last fiscal year, this money funds breast cancer prevention, prostate cancer screenings, colorectal cancer prevention and ovarian cancer screening programs. Governor Patrick vetoed this increase but the legislature overwhelming overrode the Governor, keeping the new money in place!

$5,500,000 for the Breast/Cervical Cancer Treatment Act: These funds cover the treatment costs of women diagnosed through the Breast and Cervical Cancer Early Detection Program.

$250,000 for Office of Health Equity: This new office will coordinate all state efforts to end racial and ethnic health disparities.  In a difficult economy, this new funding was a major victory for a top priority of the Society and the Disparities Action Network coalition we are part of.

Medicaid Cessation Coverage Made Permanent: After a two year trial, everyone insured by Medicaid in Massachusetts is now guaranteed to have coverage for smoking cessation resources!

$3,500,000 for Health Care Reform Outreach Grants: These funds allow community based organizations to enroll individuals into health insurance plans and help them maintain their coverage. This is a vital piece of the continued success of our Health Reform law.

Reclassification of "Little Cigars" as Cigarettes: "Little cigars" look just like cigarettes but because of vague language in the general laws, had been classified as cigars and taxed at a much lower rate than cigarettes. "Little cigars" are now classified by law as cigarettes and will now be taxed at the $2.51 rate, increasing the price on what had become a cheaper alternative for children to start and continue smoking.

Access to Care

Health Reform

This legislative session focused heavily on the implementation of the state’s health care reform law. Implementation includes signing people up for health insurance that they can afford, making sure they remain adequately covered, and figuring out how to reduce the overall costs without individuals losing benefits. The American Cancer Society was heavily involved in ensuring that the system which was created met the Society’s "four A" criteria of what a good law to improve access to health care should look like (Adequate, Affordable, Available and Administratively simple).

While implementation has not been perfect, we were successful in ensuring prescription drugs and preventative visits to physicians are included in the mandatory coverage all individuals must have in their health insurance policy. In addition, the Society played a significant role in preventing large increases in premiums and co-pays for low income individuals and families. The result has been over 350,000 newly insured Massachusetts residents, dropping our uninsured rate from 13% to 7%. That is 350,000 family members, friends, volunteers, and neighbors who are now able to access and afford cancer screenings and treatments.

An Act Relative To Cancer Screenings For Municipal Employees

The bill would require all state and municipal agencies to provide four hours of paid leave to public employees for cancer screening appointments. When the session ended, the bill was still being reviewed by the House Committee on Ways and Means and must be refiled in the 2009-2010 session.

An Act Ensuring Consumer Protection In Life Insurance Contracts – "Jenny’s Law"

This bill was the result of an unfortunate and tragic situation where the family of a new mother who passed away suddenly from late stage breast cancer was denied her life insurance policy benefit. The insurer contended her cancer was present when her policy was signed, despite the fact that no doctor, provider, or other expert had detected cancer along the way.

Under current law the family of the deceased patient must prove that the condition did not exist in order to receive payment. This bill would require the insurance company to prove that a medical condition existed when the policy was given if they deny a claim. Note, the bill would continue to allow the insurer to look back at certain situations to determine whether or not fraud may have occurred.

"Jenny’s Law" passed successfully through two major debates. The final vote to send this bill to the Governor to be signed into law is still pending.  **See our updates for recent developments!