SENATE DOCKET, NO. 1215        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 319

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Reserving Beds in Nursing Homes During Certain Leaves of Absence..

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.  Section 14A of chapter 118E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraphs:

In the event that a nursing facility resident who is a MassHealth recipient enters a hospital, the division shall pay to preserve his or her bed in the nursing facility for a period of up to10 days.  The division shall reimburse the nursing facility for the medical leave of absence, which shall include an observation stay in a hospital in excess of twenty-four hours, at the recipient’s pre-absence rate during the medical leave and upon the resident’s return.

In the event that a nursing facility resident who is a MassHealth recipient leaves the nursing facility for non-medical reasons, the division shall pay to preserve his or her bed in the facility for a period of up to 15 days.  The division shall reimburse the nursing facility for the non-medical leave of absence at the recipient’s pre-absence rate during the non-medical leave and upon the resident’s return.