HOUSE DOCKET, NO. 1649        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2122

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day and Sean Garballey

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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 the safe care of residents with active substance use disorder accessing skilled nursing facility care.

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PETITION OF:

HOUSE DOCKET, NO. 1649        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2122

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the safe care of residents with active substance use disorder accessing skilled nursing facility care.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new sections after Section 71C:-

Section 71D: Minimum Safety and Quality of Service standards for Substance Use Disorder Units.

(a). Notwithstanding any general or special law to the contrary, the department, in consultation with the post-acute care substance use disorder council, shall establish criteria for special care units in long term care facilities for the purpose of meeting the care needs of patients with active substance use disorder requiring post-acute care in long term care facilities. Nothing in this legislation shall require a long term care facility to establish a substance use disorder special care unit in order to provide care to patients with active substance use disorder requiring post-acute care or require long term care facilities to provide a substance abuse treatment program.

(b). In order to meet the care needs and safety of all patients residing in a long term care facility in establishing the criteria for special care units for substance use disorder, the department, in consultation with the council, shall establish and make recommendations that are evidenced-based in the following areas including, but not be limited to: counseling; assessment; visitation; room searches; medication maintenance therapy; staff training; and discharge planning. Provided further that the department, in consultation with the council, shall develop a resource guide for the purpose of assisting long term care facilities in accessing counseling services for patients and promoting a safe discharge of patients with active substance use disorder.

(c). All criteria or regulatory proposals in connection with the establishment of substance use disorder special care units shall take into consideration the fiscal impact on long term care facilities that will establish such a unit. Provided further that the department in coordination with the council shall issue a recommendation to MassHealth on funding a special Medicaid nursing facility substance use disorder rate add-on.

(d) The Department shall seek any waivers necessary to implement said regulations or criteria from the Centers for Medicaid and Medicare Services to ensure the care and safety of patients in long term care facilities in the Commonwealth.

(e) The Department shall provide quarterly updates on the establishment of criteria for substance use disorder special care units for the purpose of meeting the care needs of patients with active substance use disorder to the house and senate committees on ways and means, the joint committee on public health, the joint committee on elder affairs and the joint committee on mental health and substance abuse.

(f) The Department shall promulgate a resource guide for the purpose of assisting long term care facilities in accessing counseling services for patients and promoting a safe discharge of patients with active substance use disorder and its initial criteria to implement section 71D of chapter 111 of the General Laws not later than April 2022.

Section 71D½: Post-Acute Care Substance Use Disorder Council

Notwithstanding any general or special law to the contrary, there is hereby established within the department a post-acute care substance use disorder council for the purpose of making recommendations to the department on criteria for substance use disorder special care units in long term care facilities. The council shall be made up of at least sixteen members and shall be comprised of the following: (i) the commissioner of public health or a designee; (ii) the undersecretary of Masshealth or a designee; (iii) the state long-term care ombudsman or a designee; (iv) the executive director of the health policy commission or a designee; (v) a member of the public health council; (vi) a member appointed by the Massachusetts Senior Care Association, (vii) a member appointed by the Leading Age; (viii) a member appointed by the Association of Behavior Healthcare; (ix),a member appointed by Massachusetts Health and Hospital Association; (x) a Masshealth certified accountable care organization behavioral health community partner; (xi) an addiction medicine specialist appointed by the Massachusetts Medical Society; (xii) the medical director of a long term care facility; (xiii) a direct care worker of a long term care facility; (xiv) a long term care facility consumer; (xv) a provider from the addiction recovery community; and (xvi) a patient from the addiction recovery community.