Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1218 Compare Versions

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22 HOUSE DOCKET, NO. 1487 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1218
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John J. Lawn, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to stabilizing the Commonwealth’s nursing facilities.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/18/2023Smitty Pignatelli3rd Berkshire1/31/2023Christopher Hendricks11th Bristol1/31/2023Brian W. Murray10th Worcester1/31/2023Lindsay N. Sabadosa1st Hampshire2/2/2023Vanna Howard17th Middlesex2/2/2023Rodney M. Elliott16th Middlesex2/23/2023Mathew J. Muratore1st Plymouth2/23/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023Paul McMurtry11th Norfolk3/1/2023Natalie M. Higgins4th Worcester3/1/2023David Paul Linsky5th Middlesex3/1/2023William C. Galvin6th Norfolk3/1/2023Russell E. Holmes6th Suffolk3/2/2023Angelo J. Puppolo, Jr.12th Hampden3/2/2023Kimberly N. Ferguson1st Worcester3/6/2023Edward R. Philips8th Norfolk3/6/2023William J. Driscoll, Jr.7th Norfolk3/8/2023 1 of 2
1616 HOUSE DOCKET, NO. 1487 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1218
1818 By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1218) of
1919 John J. Lawn, Jr. and others relative to stabilizing nursing facility inflationary costs. Health Care
2020 Financing.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 1268 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to stabilizing the Commonwealth’s nursing facilities.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 official edition
3232 2 is hereby amended by inserting at the end thereof the following new sections: -
3333 3 Section 79. In setting Medicaid rates for nursing homes, the executive office of health
3434 4and human services shall annually recognize inflationary costs by adjusting nursing home
3535 5allowable resident care base year costs to the rate year using the annual unadjusted Skilled
3636 6Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid
3737 7in the Medicare Skilled Nursing Facility prospective payment system rule.
3838 8 Section 80. For the purpose of recognizing current labor and resident care costs in setting
3939 9Medicaid nursing home rates, the executive office of health and human services shall use as base 2 of 2
4040 10year costs for rate determination purposes the reported costs of the calendar year not more than 2
4141 11years prior to the current rate year.
4242 12 Section 81. For purposes of recognizing nursing labor costs performed for resident care,
4343 13the executive office of health and human services shall set the so-called Nursing Cost Per Diem
4444 14at the statewide average plus 10%.
4545 15 Section 82: The executive office of health and human services shall ensure that facilities
4646 16that serve a disproportionately high number of Medicaid residents receive an upward adjustment
4747 17of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid
4848 18residents must represent 75 percent or greater of all resident care days.
4949 19 Section 83: In setting Medicaid capital rates for the Department of Public Health
5050 20Determination of Need approved construction projects beginning October 1, 2020 in connection
5151 21with, but not limited to, conversion of rooms with three or more residents to one- and two-
5252 22bedded rooms, the executive office of health and human services shall set the rate at no less than
5353 23the capital payment using the capital standard payment calculation methodology in effect on
5454 24September 30, 2019 under 101 CMR 206.05.