HOUSE DOCKET, NO. 803        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 340

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Claire D. Cronin

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to improve the licensure of skilled nursing facilities.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Claire D. Cronin

11th Plymouth

1/17/2017

Josh S. Cutler

6th Plymouth

 

Daniel M. Donahue

16th Worcester

 

Daniel Cahill

10th Essex

 

Brendan P. Crighton

Third Essex

 

Joseph W. McGonagle, Jr.

28th Middlesex

 

Jack Lewis

7th Middlesex

 

John J. Lawn, Jr.

10th Middlesex

 

David Paul Linsky

5th Middlesex

 

Sean Garballey

23rd Middlesex

 

Marjorie C. Decker

25th Middlesex

 

Daniel J. Ryan

2nd Suffolk

 

José F. Tosado

9th Hampden

 

Denise Provost

27th Middlesex

 

Louis L. Kafka

8th Norfolk

 

Steven Ultrino

33rd Middlesex

 

Thomas J. Calter

12th Plymouth

 

Jennifer E. Benson

37th Middlesex

 

Gerard Cassidy

9th Plymouth

 

Michelle M. DuBois

10th Plymouth

 

Harriette L. Chandler

First Worcester

 

Jay R. Kaufman

15th Middlesex

 

Paul R. Heroux

2nd Bristol

 

Mike Connolly

26th Middlesex

 

James B. Eldridge

Middlesex and Worcester

 

Elizabeth A. Malia

11th Suffolk

 

Ruth B. Balser

12th Middlesex

 

Carmine L. Gentile

13th Middlesex

 

Bud Williams

11th Hampden

 

James J. O'Day

14th Worcester

 

Antonio F. D. Cabral

13th Bristol

 

Kenneth I. Gordon

21st Middlesex

 

Carolyn C. Dykema

8th Middlesex

 

Brian M. Ashe

2nd Hampden

 

John J. Mahoney

13th Worcester

 

Daniel Cullinane

12th Suffolk

 

Frank A. Moran

17th Essex

 

Mary S. Keefe

15th Worcester

 

Jason M. Lewis

Fifth Middlesex

 

Bruce J. Ayers

1st Norfolk

 

Linda Dean Campbell

15th Essex

 

Denise C. Garlick

13th Norfolk

 

Daniel J. Hunt

13th Suffolk

 

Jeffrey N. Roy

10th Norfolk

 

Aaron Vega

5th Hampden

 

Kevin G. Honan

17th Suffolk

 

Smitty Pignatelli

4th Berkshire

 

Natalie Higgins

4th Worcester

 

Harold P. Naughton, Jr.

12th Worcester

 

Peter V. Kocot

1st Hampshire

 

Rady Mom

18th Middlesex

 

Angelo J. Puppolo, Jr.

12th Hampden

 

Brian Murray

10th Worcester

 

John W. Scibak

2nd Hampshire

 

Carlos González

10th Hampden

 

Tackey Chan

2nd Norfolk

 

Jonathan Hecht

29th Middlesex

 

Russell E. Holmes

6th Suffolk

 


HOUSE DOCKET, NO. 803        FILED ON: 1/17/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 340

By Ms. Cronin of Easton, a petition (accompanied by bill, House, No. 340) of Claire D. Cronin and others relative to the licensure of skilled nursing facilities.  Elder Affairs.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act to improve the licensure of skilled nursing facilities.

 

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:  The Department of Public Health shall amend the Licensure Procedure and Suitability Requirements for Long-Term Care Facilities in Massachusetts regulations (105 CMR 153).

Such amendment shall improve upon the Application for a License (105 CMR 153.006) and/or Other Licensure (105 CMR 153.007) procedures included in the existing regulations to establish new requirements for applicants that would precede approval any application for a new license and/or any notice of intent for transfer of ownership or notice of intent to sell any skilled nursing facility whether for-profit or non-profit. 

The Department of Public Health, the Office of Elder Affairs, the Office of Medicaid and the Office of the Attorney General shall work together with all interested stakeholders to review and develop recommendations for the improvements outlined above to the licensing of long term care facilities in the Commonwealth.  Such recommendations shall include amendments to these regulations to:

a) Establish additional threshold requirements for applicants seeking to be “deemed suitable by the department under 105 CMR 153.006(D).  Such new requirements shall include but not be limited to mandating submission of an initial prospective annual operating budget and of an attestation concerning any anticipated changes to the facility’s workforce or working conditions.  Subject to approval and amendment by the department, stakeholders shall also recommend provisions to establish a “provisional licensure” procedure under which original applicants not currently doing business in the Commonwealth would be issued a provisional original license that would be further subject to bi-annual review and revocation procedures within the first year of operation.

b) Provide more transparent, timely and complete public access to information concerning skilled nursing facility licensing and suitability determination standards; and

c) Otherwise enhance the regulation of skilled nursing facilities in the Commonwealth.

SECTION 2:  The Department of Public Health shall host the stakeholder process outlined above, review recommendations from those stakeholders and other state entities, and submit appropriate amendments to 105 CMR 153 for public review no later than six months after passage of this Act.