Amendment #377, as changed to H3600

Nursing Home Licensure

Representatives Mariano of Quincy and Ferguson of Holden Mr. Mariano of Quincy moves to amend pending amendment 377 by striking the amendment in its entirety and inserting in place thereof the following:-

Mr. Mariano of Quincy moves to amend the bill by inserting after section 63, the following section:-

SECTION 63A.  (a)  Notwithstanding any general or special law to the contrary, facilities licensed pursuant to section 71 of chapter 111 of the General Laws which were constructed on or before March 19, 1968, shall be subject to the construction and equipment requirements for long-term care facilities specified in 105 CMR 150.017 (B)(1) through 105 CMR 150.017(16)(e) and codified in the Code of Massachusetts Regulations effective January 1, 2017; provided, that new construction, conversions, alterations, additions or other structural changes in a proposed or existing facility shall conform to the department’s most current standards of construction.

(b)  For facilities licensed pursuant to said section 71, resident rooms must accommodate no more than 4 persons; provided, however, that for such facilities that receive approval of construction or reconstruction plans by the department of public health or local authorities for plans directly impacting resident rooms or that are newly certified for participation in the Medicare or Medicaid programs on or after November 29, 2016, resident rooms must accommodate no more than 2 residents; provided, that any limitation to the number of residents accommodated in resident rooms under this section shall only apply to those rooms directly impacted by the construction or reconstruction.

(c)  Notwithstanding the foregoing, the department of public health shall not enact resident room requirements that are more restrictive than the requirements specified in the federal requirements of participation for states and long term care facilities pursuant to chapter 42 of the Code of Federal Regulations Part 483.

Additional co-sponsor(s) added to Amendment #377, as changed to H3600

Nursing Home Licensure