HOUSE DOCKET, NO. 94794        FILED ON: 6/23/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4794

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act relative to dementia patients in longterm care facilities.Whereas, The deferred operation of this act would tend to defeat its purpose, which Is forthwith to provide regulations for dementia special care units in long term care facilities, therefore, given the increased level of dementia among residents, it Is hereby declared to be an emergency law, necessary for the immediate preservation of the public health..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 71B the following sections:-

Section 71C. (a) Notwithstanding any general or special law to the contrary, the department, in consultation with the alzheimer's association of massachusetts and representatives from the nursing home provider community, shall promulgate regulations to establish minimum standards for dementia special care units to ensure safety and quality of services including:

1. Dementia-specific training for all direct care workers, activities directors and supervisors of direct care workers in both traditional nursing homes and dementia special care units 

Activities programs in dementia special care units  that provide dementia-specific activities.

3. Guidelines for dementia special care unit  physical design including, but not limited, to anti-wandering methods and  promoting a therapeutic environment.

(b) A licensee under section 71 that holds itself out to the public or advertises that it is a provider of specialized services and programming for dementia special care units in long term care facilities  shall meet the standards set forth under this section in order to provide said services. Nursing homes that operate dementia special care units   shall disclose to consumers and the  department what specialized services the  dementia special care unit provides for patients affected by alzheimer's and related dementias.

(c) A licensee of the  department under section 71 shall be required to provide dementia specific training for all direct care workers, activities directors and supervisors of direct care workers in facilities that do not hold themselves out to the public or advertise that they are providers of specialized services and programming for dementia special care units in long term care facilities.

SECTION 2. Any regulation promulgated by the department under this section may not be used as the basis for higher reimbursement rates for licensees under section 71.

SECTION 3. The department  shall  promulgate its initial regulations to implement this act no later than January 1, 2011.