HOUSE DOCKET, NO. 2333        FILED ON: 1/16/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Rita A. Mendes

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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 Address Conflicts of Interest in the Use of Temporary Nursing Agencies at Skilled Nursing Facilities.

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PETITION OF:

HOUSE DOCKET, NO. 2333        FILED ON: 1/16/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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 Address Conflicts of Interest in the Use of Temporary Nursing Agencies at Skilled 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. (a) Notwithstanding any special or general law to the contrary, the department of public health is directed to amend the state regulations governing temporary nursing agencies procuring or providing temporary employment at a skilled nursing facility (101 CMR 345).

(b) Such amendment shall require additional reporting from any individual or their family member or a business entity under their operational control that has both ownership interest of 5 percent or more of a temporary nursing agency and that is also the holder of an operating license issued to establish or maintain a Massachusetts skilled nursing facility. A temporary nursing agency owned by any such individual or family member or business entity shall be prohibited from procuring or providing temporary employment at a skilled nursing facility jointly owned by the same individual, family member, or entity. Such amended regulations shall define a family member broadly as including but not necessarily limited to the individual owner’s spouse, domestic partner, parent, sibling, child, parent of a spouse or domestic partner, grandparent, or grandchild.

(c) Prior to and during the process of making the regulatory amendments outlined in the subsections above, the department shall consult with the Massachusetts Senior Care Association, Inc. and 1199 SEIU United Healthcare Workers East.

(d) The department of public health shall complete the processes above and file for Emergency Adoption of such amended regulations no later than 180 days after passage of this Act.