SENATE DOCKET, NO. 978        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 337

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harriette L. Chandler

_________________

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:

 

Harriette L. Chandler

First Worcester

 

Jack Lewis

7th Middlesex

1/27/2017

Michael D. Brady

Second Plymouth and Bristol

1/27/2017

John J. Lawn, Jr.

10th Middlesex

1/27/2017

Marjorie C. Decker

25th Middlesex

1/30/2017

Daniel J. Ryan

2nd Suffolk

1/30/2017

Denise Provost

27th Middlesex

1/30/2017

Thomas M. McGee

Third Essex

1/30/2017

Jay R. Kaufman

15th Middlesex

1/31/2017

Paul R. Heroux

2nd Bristol

1/31/2017

James B. Eldridge

Middlesex and Worcester

2/1/2017

Kay Khan

11th Middlesex

2/2/2017

Carolyn C. Dykema

8th Middlesex

2/2/2017

Frank A. Moran

17th Essex

2/3/2017

Mary S. Keefe

15th Worcester

2/3/2017

Jason M. Lewis

Fifth Middlesex

2/3/2017

José F. Tosado

9th Hampden

2/3/2017

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

2/3/2017

Angelo J. Puppolo, Jr.

12th Hampden

2/3/2017

Sal N. DiDomenico

Middlesex and Suffolk

2/3/2017


SENATE DOCKET, NO. 978        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 337

By Ms. Chandler, a petition (accompanied by bill, Senate, No. 337) of Harriette L. Chandler, Jack Lewis, Michael D. Brady, John J. Lawn, Jr. and other members of the General Court for legislation to improve 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 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, stakeholder 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 Offices, and submit appropriate amendments to 105 CMR 153 for public review no later than 6 months after passage of this Act.