Amendment ID: S2889-9

Amendment 9

Assisted Living Scope Of Practice Expansion

Messrs. Moore, Fattman and Payano move that the proposed new text be amended by striking sections 1 through 10, inclusive, and 23 and inserting the following the section:-

“SECTION ____. There shall be a task force to evaluate permanently adding the provision of skilled nursing services also referred to basic health services in assisted living residences.

(a) The task force shall consist of: the secretary of executive office of health and human services or their designee, who shall serve as chair, 1 of whom shall be a representative of the executive office of elder affairs, 1 of whom shall be a representative of the department of public health, 1 of whom shall be a representative from the office of masshealth, the chairs of the joint committee on elder affairs, 1 of whom shall be a representative of Mass-ALA., 1 of whom shall be a representative of the Massachusetts Senior Care Association, and 3 members appointed by the governor, 1 of whom shall be an assisted living residence provider providing waiver approved skilled nursing services, 1 of whom shall be an assisted living residence provider who does not offer skilled nursing services and 1 of whom shall be a consumer.

(b)  In making its recommendations, the task force shall report on, but not be limited to the following items (i) all findings and reports of the assisted living residences who provided skilled nursing services under the state’s basic health services waiver, (ii) staffing, including 24 hour coverage, qualifications, competencies (iii) regulatory oversight of the provision of skilled nursing services in assisted living residences (iv) operational plans (v) access to interoperable electronic health records to ensure continuity of care (vi) patient safety including monitoring of adverse events related to the provision of basic health services (vii) administration and storage of medications provided under skilled nursing services (viii) physical plant modifications required for the safe provision of skilled nursing services in assisted living residences (viiii) necessary consumer protections including disclosures as to which assisted living residences will and will not provide skilled nursing services, grievance process, choice of provider and (x) the fiscal feasibility of expanding Medicaid coverage to include assisted living services.  The Task Force shall further identify and establish the criteria for conducting an independent systemic evaluation of the potential clinical impact of allowing assisted living residences to provide skilled nursing care.

(c)  The task force shall convene its first meeting within 30 days after the effective date of this act. The task force shall submit its report, including any proposed legislation necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and senate, and the joint committee on elder affairs not later than June 30, 2025.”