HOUSE DOCKET, NO. 321        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1244

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Adam J. Scanlon

_________________

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 stabilizing the Commonwealth's nursing facilities.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Adam J. Scanlon

14th Bristol

1/11/2023

Vanna Howard

17th Middlesex

1/31/2023

Denise C. Garlick

13th Norfolk

2/15/2023


HOUSE DOCKET, NO. 321        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1244

By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 1244) of Adam Scanlon, Vanna Howard and Denise C. Garlick relative to stabilizing nursing facility inflationary costs.  Health Care Financing.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to stabilizing the Commonwealth's 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. Chapter 118E of the General Laws, as appearing in the 2020 official edition is hereby amended by inserting at the end thereof the following new sections: -

Section 80. In setting Medicaid rates for nursing homes, the executive office of health and human services shall annually recognize inflationary costs by adjusting nursing home allowable resident care base year costs to the rate year using 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.

Section 81. For the purpose of recognizing current labor and resident care costs in setting Medicaid nursing home rates, the executive office of health and human services shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than 2 years prior to the current rate year.

Section 82. For purposes of recognizing nursing labor costs performed for resident care, the executive office of health and human services shall set the so-called Nursing Cost Per Diem at the statewide average plus 10%.

Section 83: The executive office of health and human services shall ensure that facilities that serve a disproportionately high number of Medicaid residents receive an upward adjustment of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid residents must represent 75 percent or greater of all resident care days.

Section 84: In setting Medicaid capital rates for the Department of Public Health Determination of Need approved construction projects beginning October 1, 2024 in connection with, but not limited to, conversion of rooms with three or more residents to one- and two-bedded rooms, the executive office of health and human services shall set the rate at no less than the capital payment using the capital standard payment calculation methodology in effect on September 30, 2019 under 101 CMR 206.05.