Number 3 July 20, 1972

Number 3 July 20, 1972 Honorable Steven A. Minter Commissioner of Public Welfare 600 Washington Street Boston, Massachusetts 02111 Dear Commissioner Minter: You have requested my opinion whether the Department of Public Welfare may use funds appropriated for fiscal year 1973 to pay bills in- curred in fiscal year 1972 since the funds for the latter year have been exhausted. St. 1972, c. 514, the appropriations act for fiscal 1973, included funds in the various welfare budget items without setting forth in those items the words "Including prior year expenses" or "Prior appropriation con- tinued" as was the case for the same items in the 1972 fiscal year budget. Section 1 of Chapter 514 provides in part that "the sums set forth in section two . . . are hereby appropriated . . .for the fiscal year endinii June the thirtieth, nineteen hundred and seventy-three . . . or for such period as may he specified.^' [Emphasis added.] G. L. c. 29, § 12 provides as follows: "Appropriations by the general court, unless specifically designated as special shall be for the ordinary maintenance of the several departments, offices, commissions and institu- tions of the commonwealth and shall be made for the fiscal year unless otherwise specifically provided therein.'' [Emphasis added.] 46 P.D. 12 Under the provisions of St. 1972, c. 514. § 1 and G. L. c. 29, § 12, the money appropriated by the Legislature pursuant to said c. 514 may only be used to meet expenses incurred during the fiscal year 1973 unless other dates are specified. With respect to the items set forth in your opinion request, namely 4401-1000, 4402-5000, 4403-2000, 4405-2000, 4406-2000 and 4407-2000, the Legislature did not specify in said c. 514 that the amounts in these items may be used to pay prior year expenses. Consequently, without further legislative action, the omission of such language in c. 514 would preclude the Department from paying bills in- curred in fiscal year 1972 with money from the fiscal year 1973 budget. However, St. 1972, c. 647 makes certain additional provisions with re- spect to items 4402-5000, 4405-2000 and 4407-2000 in the budget. Section 2 of said chapter provides for an appropriafion of $9,200,000 for a medi- cal assistance program (item 4402-5000) and for a transfer of $15,000,000 in item 4405-2000 and $5,000,000 in item 4407-2000 from the budget to be used for purposes of this section. Section 2 then provides that such funds may be used to pay expenses incurred in the months of April, May and June, 1972 for each of these items. Accordingly, in my opinion you can only make payments for provider services incurred prior to July 1, 1972 if they were incurred in the months of April, May and June, 1972 and were for items 4402-5000, 4405-2000 and 4407-2000, and only up to amounts set forth in St. 1972, c. 647, § 2, for each item. Very truly yours, ROBERT H. QUINN Attorney General