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.  Notwithstanding any general or special laws to the contrary, there shall be established a Special Commission on Institutional Long Term Care.  This Commission shall evaluate options and prepare policy recommendations necessary to address excess skilled nursing home bed inventory, to reform the skilled nursing home licensing and de-licensing processes, and to establish more rational processes for the closure of skilled nursing homes.  Such recommendations shall include policy options concerning the following:

a)Potential savings to the Commonwealth and improvements to care delivery that could be realized by reducing the number of skilled nursing facility beds;

b)Criteria to be used to determine which beds should be de-licensed, including but not limited to quality care standards and measures of regional geographic need;

c)Potential incentives for skilled nursing home operators that would help to reduce the number of skilled nursing facility beds and/or would facilitate conversion of under-utilized beds to other uses;

d)Improvements to the MassHealth reimbursement system for skilled nursing facilities; and

e)Any other recommendations as needed to more effectively utilize institutional long term care facilities in the Commonwealth.

SECTION 2.  The Commission shall consist of 15 members, 1 of whom shall be the secretary of health and human services or a designee, 1 of whom shall be the secretary of elder affairs or a designee, 1 of whom shall be the director of the office of Medicaid or a designee, 1 of whom shall be the Attorney General or a designee, 1 of whom shall be the State Auditor or a designee, 1 of whom shall be the house chair of the joint committee on elder affairs or a designee, 1 of whom shall be the senate chair of the joint committee on elder affairs or a designee, 1 of whom shall be the senate chair of the joint committee on health care financing or a designee, 1 of whom shall be the house chair of the joint committee on health care financing or a designee, 1 of whom shall be a member of the PCA quality home care workforce council, and 5 persons to be appointed by the governor, 1 of whom shall be a representative of the Department of Public Health, 1 of whom shall be a representative of 1199SEIU, 1 of whom shall be a representative of the Massachusetts Senior Care Association, 1 of whom shall be a representative of AARP, and 1 of whom shall be a representative of the Massachusetts Alzheimer’s Association.

SECTION 3.  The Commission shall meet within 60 days of passage of this Act, and not less than quarterly thereafter, and shall release final recommendations to the Senate President, the Speaker of the House, the Joint Committee on Elder Affairs and the Health Planning Council no later than one year from passage of this Act.