HOUSE DOCKET, NO. 1447        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1216

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John J. Lawn, Jr.

_________________

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 nursing home quality jobs initiative.

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PETITION OF:

HOUSE DOCKET, NO. 1447        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1216

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1287 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to the nursing home quality jobs initiative.

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. Chapter 118E of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting at the end thereof the following new section: -

Section 78.  For the purpose of ensuring a living wage for nursing facility direct care staff, MassHealth shall annually fund a living wage rate add-on for direct care staff of licensed nursing homes, including, but not limited to, certified nurse aides, housekeeping, laundry, dietary, plant operations, and clerical staff.  Funds shall cover a living wage, and associated payroll benefits and related employee costs. MassHealth shall, subject to appropriation, adjust the annual living wage add-on with an inflation adjustment consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid in the Medicare Skilled Nursing Facility prospective payment system rule. MassHealth shall adopt all additional regulations and procedures necessary to carry out this section, including audits, and shall report to the house and senate committees on ways and means an analysis of funds expended under the living wage rate add on program.

SECTION 2. Chapter 23 of the General Laws, as appearing in the 2018 official edition is hereby amended by inserting after section 9U the following new sections:

Section 9V.  The Executive Office of Labor and Workforce Development through the Commonwealth Corporation shall, subject to appropriation, establish a grant program for nursing facility supervisory and leadership training.  The program shall, but not be limited to, covering the cost of nursing facility worker participation in evidence-based supervisory training for the express purpose of improving staff satisfaction, retaining staff and reducing turnover.

Section 9W. The Commonwealth Corporation shall, subject to appropriation, establish an extended care career ladder grant program, consistent with section 410 of chapter 159 of the Acts of 2000. Grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long-term care. The grants may include training for English for speakers of other languages and other language and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training. The length of such grants shall not exceed a period of 3 years. The Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee. The administrative and program management costs for the implementation of said grant program shall not exceed 4 per cent of the amount of the grant program. Each grant may include funding for technical assistance and evaluation.

SECTION 3. Chapter 111 of the General Laws, as appearing in the 2018 official edition,

is hereby amended by inserting after section 4O the following new section:-

Section 4P. The Department shall, subject to appropriation, establish a tuition reimbursement program for certified nursing assistant training. The department shall reimburse for the costs of certified nursing assistant training or competency testing subject to the following requirements, conditions and limitations: (a) costs shall have been incurred for an approved certified nursing assistant training program; (b) costs shall have been actually paid by the certified nursing assistant from his or her own personal funds; and (c) Individuals shall have begun employment as a certified nursing assistant in a licensed nursing facility within 12 months of completing the training program, including passing the competency testing.