Massachusetts House Bill H2125

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Instructing the Massachusetts Department of Public Health to study the feasibility of absorbing oversight of all “memory care” assisted living facilities and units in the Commonwealth

Impact

If the study indicates feasibility, the oversight of memory care units would shift from the Department of Elder Affairs to the Department of Public Health. This transfer is aimed at enhancing the regulatory framework surrounding memory care, thus ensuring that residents receive appropriate medical care and services rather than being classified merely as occupants of assisted living facilities. The bill recognizes that many of the existing 151 memory care units lack adequate medical supervision and staffing to address the unique needs of their residents effectively.

Summary

House Bill 2125 is a legislative proposal that mandates the Massachusetts Department of Public Health to conduct a comprehensive study on the feasibility of taking over oversight of all ‘memory care’ assisted living facilities and units in the Commonwealth. Memory care facilities specifically cater to individuals suffering from Alzheimer’s Disease, Dementia, and other conditions that result in significant memory loss. Currently, these facilities are under the jurisdiction of the Department of Elder Affairs, which has raised concerns regarding sufficient oversight and proper care for residents with these conditions.

Contention

The bill has sparked discussion regarding the adequacy of the current oversight framework by the Department of Elder Affairs, which has only two Ombudsmen overseeing compliance across a large number of facilities. Critics may argue that transitioning oversight could lead to bureaucratic delays or resource allocation issues, while supporters claim it is essential for increasing medical standards and supervision for vulnerable populations. Tensions might arise over the existing responsibilities of both departments, including potential funding concerns and the effectiveness of the proposed new oversight structure.