SECTION 1. The division of health care finance and policy shall promulgate rules and regulations that create a new nursing facility class to be defined as follows:
Class V: Facilities that:
are non-profit
have 100 or fewer licensed beds
were established and licensed in Massachusetts prior to the enactment of the Health Insurance for the Aged Act, Pub. L. 89-97, Title I, 79 Stat. 290, and the Medicaid Act, Pub. 89-97, Title I section 121(a), 79 Stat. 343, on July 30, 1965; and
are located in Berkshire County
do not participate in the Medicaid program
SECTION 2. The class established herein shall not be adopted until the Executive Office of Health and Human Services certifies it has obtained federal approval of any waiver request needed to implement this class.
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