SENATE DOCKET, NO. 858        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 374

The Commonwealth of Massachusetts

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PRESENTED BY:

Patricia D. Jehlen

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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 authorizing common sense health services in assisted living.

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PETITION OF:

SENATE DOCKET, NO. 858        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 374

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2656 OF 2021-2022.]

The Commonwealth of Massachusetts

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

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An Act authorizing common sense health services in assisted living.

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. Section 1 of chapter 19D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Assisted living residence” or “Residence,” the following 2 definitions:-

“Basic health services”, injections; application or replacement of simple non-sterile dressings; management of oxygen on a regular and continuing basis when the resident's medical condition warrants; or application of ointments or drops and diagnostic services and functions necessary for carrying out these services including, but not limited to, glucose monitoring.

“Basic health services program”, an assisted living residence with an approved operating plan offering 1 or more basic health services.

SECTION 2. Subsection (b) of section 10 of said chapter 19D, as so appearing, is hereby amended by adding the following 2 paragraphs:-

(4) Assistance to residents with accessing telehealth services.

(5) For all residents whose service plans so specify, basic health services by personnel meeting standards for professional qualifications and training set forth in the regulations.

SECTION 3. Subsection (c) of said section 10 of said chapter 19D, as so appearing, is hereby amended by inserting after the word, “of”, in line 31, the following words: - basic health services or.

SECTION 4. Said section 10 of said chapter 19D, as so appearing, is hereby further amended by adding the following 4 subsections:-

(e) The sponsor may advertise, market and otherwise promote or provide or arrange for the provision of a basic health services program for assisted living residents and shall administer such care and services in accordance with the requirements set forth herein. A sponsor may not provide basic health services without submitting an operating plan to the department for the department’s approval that explains how the residence’s basic health services program will meet the needs of the residence’s resident population or individual residents therein and the staff qualifications and training for providing such services. The operating plan shall specify whether all, or certain, of the enumerated basic health services shall be offered, steps taken to provide adequate support and training to licensed practical nurses and registered nurses who shall provide such care and the oversight and evaluation of basic health services; provided, that no such plan shall restrict resident choice in the delivery of the services by outside health professionals. The sponsor shall submit a revised operating plan to the department in the event of a change in the scope of the basic health services program offered to residents.

(f) The sponsor shall disclose to each resident the fees associated with provision of basic health services within the assisted living residence’s residency agreement and shall review such fees with the resident upon implementation and any revision to a service plan that includes provision of basic health services. The sponsor shall notify residents of any changes in fees in a timely manner. Residents who receive basic health services shall receive an additional service plan review on a quarterly basis. Residents shall have the opportunity to discontinue receiving basic health services from the sponsor upon written request to the sponsor and shall not be charged a cancellation fee or a fee for services not provided due to discontinuation of the services.

(g) The department, in consultation with the department of public health, shall promulgate regulations governing the application, criteria for approval or disapproval and ongoing oversight of a basic health services program authorized in this section. The department may impose an annual fee on participating assisted living residences to pay for oversight of basic health services. The department may add additional services to the definition of basic health services.

(h) To ensure patient safety and clinical competence in the application of subsections (e) to (g), inclusive, the department and the department of public health shall establish and implement a plan to facilitate communication between the department and the department of public health and create a list of required components necessary for operating plans, including a requirement that when a residence is offering basic health services to 1 or more residents, staff shall have access to a licensed practical nurse or registered nurse for consultation at all times and the nurse hall not be required to be on the premises. The department shall make available electronic copies of the required components of operating plans on the department’s website. The department may conduct annual compliance reviews on the documentation created and maintained by assisted living residences for any assisted living resident who received basic health services within the previous 12-month period.

SECTION 5. Section 11 of said chapter 19D, as so appearing, is hereby amended by inserting after the word “supervision”, in line 2, the following words:- except as permitted for residences which opt to provide basic health services.

SECTION 6. The joint committee on elder affairs shall conduct a review of the implementation of this act and the use of basic health services in assisted living not later than 5 years after the effective date of this act.