Merit Institute Merit

The Massachusetts Government Transparency & Performance Act (MA-GT&P)

Massachusetts state companion to GT&P. Uses Inspector-General independence (no Schedule F analog). Strengthens the Massachusetts False Claims Act (M.G.L. c. 12 Sec. 5A-5O) and extends the Public Records Law.

THE MASSACHUSETTS GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (MA-GT&P)

Vehicle: State passage. Massachusetts General Court, regular session. Primary referral to Joint Committee on State Administration and Regulatory Oversight / Joint Committee on Revenue.

SECTION 1. SHORT TITLE

This Act may be cited as the “Massachusetts Government Transparency & Performance Act (MA-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The General Court finds that the Civil Service Law operates under M.G.L. c. 31; that the Public Records Law operates under M.G.L. c. 66; that the Executive Office for Administration and Finance operates under M.G.L. c. 7 and c. 29; that the Massachusetts Office of the Inspector General operates under M.G.L. c. 12A; and that Massachusetts enacted the False Claims Act under M.G.L. c. 12 Sec. 5A-5O. This Act extends these frameworks and does not adopt a federal Schedule F analog.

TITLE I — DEFINITIONS & COORDINATION WITH MASSACHUSETTS LAW

Sec. 101. Definitions

  1. (a) “A&F” means the Executive Office for Administration and Finance.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MA-FCA” means M.G.L. c. 12 Sec. 5A-5O.

Sec. 102. Coordination with Existing Massachusetts Law

  1. (a) Consistent with:
  • M.G.L. c. 31 (Civil Service).
  • M.G.L. c. 66 (Public Records).
  • M.G.L. c. 7; c. 29 (A&F).
  • M.G.L. c. 12 Sec. 5A-5O (FCA).
  • M.G.L. c. 12A (OIG).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Commonwealth Budget shall publish at least three outcome metrics.
  2. (b) A&F shall publish the Massachusetts Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Joint Committee on Ways and Means fiscal analyses shall identify outcome metrics from Sec. 201.

TITLE III — INSPECTOR GENERAL INDEPENDENCE (Schedule-F Substitute)

Sec. 301. Strengthening OIG Authorities

  1. (a) Building on M.G.L. c. 12A, the Massachusetts Office of the Inspector General shall maintain independent hiring, subpoena, and reporting authority.
  2. (b) Nothing in this section modifies M.G.L. c. 31 merit protections.
  3. (c) OIG shall publish an annual outcome audit for each covered program.

TITLE IV — MASSACHUSETTS FALSE CLAIMS ACT AMENDMENT

Sec. 401. Credentialing and Outcome-Data Fraud

  1. (a) M.G.L. c. 12 Sec. 5A-5O is amended to clarify that a person presenting a materially false or fraudulent claim involving MARMC, Federal FRAC, or MA-OBSA outcome data is liable to the Commonwealth for a civil penalty and treble damages.

Sec. 402. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the Commonwealth’s recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect on the July 1 following enactment.

Canonical federal version: GT&P. Other Massachusetts bills: MA-ACSA, MA-MEWRA, MA-AI-Workforce.