HOUSE DOCKET, NO. 5016        FILED ON: 4/7/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4635

The Commonwealth of Massachusetts

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PRESENTED BY:

Ruth B. Balser

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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 relative to long term care facility and elder housing COVID-19 reporting.

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PETITION OF:

HOUSE DOCKET, NO. 5016        FILED ON: 4/7/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4635

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to long term care facility and elder housing COVID-19 reporting.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the health and wellness of the residents of the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
 

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. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Assisted living residence”, any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:

1. provides room and board;

2. provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and

3. collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.

“Elderly housing facilities”, any residential premises available for lease by elderly or disabled individuals which is financed or subsidized in whole or in part by state or federal housing programs established primarily to furnish housing rather than housing and personal services, as set forth in a listing established by the secretary of elder affairs, and which was never licensed under chapter one hundred and eleven.

“Long term care facilities”, the Soldiers’ Home in Massachusetts, the Soldiers’ Home in Holyoke or a convalescent home, a nursing home, a skilled nursing facility, a rest home or a charitable home for the aged licensed under the provisions of section 71 of chapter 111 of the General Laws.

(b) Notwithstanding any general or special law to the contrary, assisted living residences, elderly housing facilities and long-term care facilities shall report daily to the local department of health in the municipality where said assisted living residences, elderly housing facilities or long-term care facilities are located or to the Massachusetts department of public health the number of known COVID-19 positive cases and mortalities in the facility.

(c) The department of public health shall report weekly the number of COVID-19 positive cases and mortalities at assisted living residences, elderly housing facilities and long-term care facilities to the house and senate committees on ways and means. The department shall also report demographic data of COVID-19 positive cases and mortalities including race, age, and sex of cases and mortalities in aggregate form.