HOUSE DOCKET, NO. 1616        FILED ON: 1/15/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 790

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas M. Stanley

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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 to support quality improvement in nursing homes.

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PETITION OF:

HOUSE DOCKET, NO. 1616        FILED ON: 1/15/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 790

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act to support quality improvement in nursing homes.

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 General Laws is hereby amended by inserting after section 73B the following section:-

Section 73C.  (a) The commissioner shall establish a Long-Term Care Facility Quality Improvement Team that shall be responsible for identifying and providing technical assistance to long-term care facilities pursuant to section 72E of said chapter 111 as amended by section 14 of Chapter 197 of the Acts of 2024 that may require interventions to prevent the decline of health and safety of residents or the disruption of necessary health care services at the long-term care facility. The Long-Term Care Facility Quality Improvement Team shall comprise of individuals with relevant expertise in long-term care administration and management, nursing care, infection prevention, social work, quality improvement, and continuing professional education. The Long-Term Care Facility Quality Improvement Team’s role shall not include inspection and enforcement of regulatory standards and the authority to penalize a long-term care facility. 

(b) The commissioner shall establish specific criteria by which a long-term care facility may be evaluated for operational and financial soundness, and the thresholds at which it may be considered to be in operational or financial distress or at risk of operational or financial distress.

(c) When a survey or inspection conducted, or complaint received by the department, through its division of health care facility licensure and certification, or by any other individual in the department, identifies a long-term care facility at risk of operational or financial distress based on any of the indicators established pursuant to subsection (b), the commissioner may dispatch the Long-Term Care Facility Quality Improvement Team to evaluate the long-term care facility and advise the facility as to any corrective measures it should take to resolve issues contributing or leading to operational or financial distress.

(d) Any facility to which a Long-Term Care Facility Quality Improvement Team is dispatched shall: 

(1) cooperate with the team; and

(2) grant the team and the Long-Term Care Facility Quality Improvement Team; and DPH access to all physical plant operations and locations to all financial, operational, and programmatic information requested thereby.

(e) The Commissioner may adopt rules and regulations as are necessary to effectuate the provisions of this section.