SENATE DOCKET, NO. 400        FILED ON: 1/13/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 738

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Julian Cyr

_________________

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:

SENATE DOCKET, NO. 400        FILED ON: 1/13/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 738

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 759 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

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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 2020 official edition is hereby amended by inserting at the end thereof the following new section:- 

Section 80. For the purpose of ensuring a living wage for nursing facility direct care staff, MassHealth shall enact regulations regarding standard payments from MassHealth to nursing facilities that establish a living wage for direct care staff of licensed nursing homes, including, but not limited to, certified nurse aides, and housekeeping, laundry, dietary, plant operations, activities, behavioral, security and clerical staff. Such regulations shall ensure that such standard payments shall reimburse nursing facilities for the costs of paying a living wage, associated payroll benefits and related employee costs. Provided further that MassHealth shall, subject to appropriation, adjust such payments for all direct care staff with an inflation adjustment consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update, as established by the Centers for Medicare & Medicaid Services in 42 C.F.R. § 413.337.  For the purposes of this adjustment, direct care staff shall include the staff recognized in the MassHealth Direct Care Cost-Quotient calculation. MassHealth shall adopt all additional regulations and procedures necessary to carry out this section, provided, that such regulations shall include permissible use standards mandating that facilities shall expend these supplemental payments exclusively on direct care staff expenses, which shall be further defined in such regulations but that shall not include spending on temporary nursing staff, management staff or nursing facility administrators. Such additional regulations and procedures shall include: (i) mandated facility interim reporting to the executive office of health and human services on the ways in which the facility expects to spend; and (ii) mandated facility final reporting on the expenditure of payments received under this section, including audits and provisions that reconcile such expenditure reporting with the Direct Care Cost-Quotient calculation. MassHealth shall submit to the house and senate committees on ways and means a report containing an analysis of funds expended under this program. 

SECTION 2. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 9U the following 2 sections:-

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

Section 9W. The Executive Office of Labor and Workforce Development shall, subject to appropriation, establish a Certified Nursing Assistant to Licensed Practical Nurse Career Ladder grant program to be administered by the Massachusetts Commonwealth Corporation, in consultation with, but not limited to, the Massachusetts Senior Care Association, Social Finance and practical nursing training providers for the express  purpose of establishing a career advancement pathway to enable certified nursing assistants to enroll in licensed practical nursing programs at local community colleges, technical high schools or other accredited programs. The Commonwealth Corporation shall establish criteria for awarding regional collaborative grants that shall fund the full cost of tuition, fees and curriculum materials, as well as paying staff wages to attend classes to secure their practical nursing certificate and may include stipends for childcare, transportation, English as a second language classes and other costs the Corporation deems necessary to ensure the success of the program; and provided further that these grants can be expended over a three-year period.

SECTION 3. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after section 4O the following section:-

Section 4P. The Executive Office of Labor and Workforce Development shall, subject to appropriation, establish a Resident Care Assistant to Certified Nursing Assistant career ladder grant program to be administered by the Massachusetts Commonwealth Corporation. The grant shall fund the full costs of certified nursing assistant training and competency testing, as well paying staff wages to attend certified nursing assistant training, and may include stipends for childcare, transportation, and English as a second language classes provided that: (i) the tuition is for an approved certified nursing assistant training program; and (ii) individuals have begun employment as a resident care assistant in a licensed nursing facility and complete the approved certified nursing assistant training program within 90 days of employment as a resident care assistant; and (iii) individuals take the required nurse aid certification exam within 30 days of completing the approved nurse aide training program.