Budget Amendment ID: FY2018-S3-297-R1

Redraft EHS 297

Licensure of Nursing Facilities

Messrs. Tarr, Eldridge, Moore, Cyr and Humason, Ms. Chandler, Ms. Flanagan, Messrs. Rush, Pacheco, Lewis, Boncore and Fattman, Ms. L'Italien, Ms. Lovely, Messrs. Ross, deMacedo and O'Connor, Ms. O'Connor Ives and Ms. Gobi moved that the proposed new text be amended that the proposed new text be amended by inserting after section 100 the following section:-

“SECTION 100A.  (a)  Notwithstanding any general or special law to the contrary, facilities licensed pursuant to section 71 of chapter 111 of the General Laws and constructed not later than 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) to 105 CMR 150.017(B)(16)(e), inclusive, and codified effective January 1, 2017; provided, however, that new construction, conversions, alterations, additions or other structural changes in a proposed or existing facility shall conform to the department of public health’s current standards of construction.

(b)  For facilities licensed pursuant to section 71 of chapter 111 of the General Laws, resident rooms shall accommodate not more than 4 persons; provided, however, that facilities that receive approval of construction or reconstruction plans by the department of public health or relevant 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 shall accommodate not more than 2 residents.  Any limitation to the number of residents accommodated in resident rooms pursuant to this section shall  apply to those rooms directly impacted by the construction or reconstruction."