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HOUSE DOCKET, NO. 1487 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1218
The Commonwealth of Massachusetts
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PRESENTED BY:
John J. Lawn, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to stabilizing the Commonwealth’s nursing facilities.
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PETITION OF:
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
HOUSE DOCKET, NO. 1487 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1218
By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1218) of
John J. Lawn, Jr. and others relative to stabilizing nursing facility inflationary costs. Health Care
Financing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1268 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to stabilizing the Commonwealth’s nursing facilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 118E of the General Laws, as appearing in the 2018 official edition
2 is hereby amended by inserting at the end thereof the following new sections: -
3 Section 79. In setting Medicaid rates for nursing homes, the executive office of health
4and human services shall annually recognize inflationary costs by adjusting nursing home
5allowable resident care base year costs to the rate year using the annual unadjusted Skilled
6Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid
7in the Medicare Skilled Nursing Facility prospective payment system rule.
8 Section 80. For the purpose of recognizing current labor and resident care costs in setting
9Medicaid nursing home rates, the executive office of health and human services shall use as base 2 of 2
10year costs for rate determination purposes the reported costs of the calendar year not more than 2
11years prior to the current rate year.
12 Section 81. For purposes of recognizing nursing labor costs performed for resident care,
13the executive office of health and human services shall set the so-called Nursing Cost Per Diem
14at the statewide average plus 10%.
15 Section 82: The executive office of health and human services shall ensure that facilities
16that serve a disproportionately high number of Medicaid residents receive an upward adjustment
17of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid
18residents must represent 75 percent or greater of all resident care days.
19 Section 83: In setting Medicaid capital rates for the Department of Public Health
20Determination of Need approved construction projects beginning October 1, 2020 in connection
21with, but not limited to, conversion of rooms with three or more residents to one- and two-
22bedded rooms, the executive office of health and human services shall set the rate at no less than
23the capital payment using the capital standard payment calculation methodology in effect on
24September 30, 2019 under 101 CMR 206.05.