Budget Amendment ID: FY2024-S3-578-R1

Redraft EHS 578

Preventing Patient Abuse and Death in Nursing Homes

Mr. Montigny and Ms. Jehlen moved that the proposed new text be amended by adding after section ___ the following section:-

“SECTION ___.  Section 73 of chapter 111 of the General Laws is hereby amended by striking out the second paragraph in its entirety and inserting in place thereof the following paragraph:-

Notwithstanding the above paragraph, whoever violates any rule or regulation made pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $23,989, unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any licensee violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order said licensee, in writing, to correct or remedy such condition, and if such licensee fails or refuses to comply with such order, each day during which such failure or refusal to comply continues shall constitute a separate offense.  Fines collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to the General Fund.”.