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HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1230
The Commonwealth of Massachusetts
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PRESENTED BY:
Brian W. Murray
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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 to stabilize adult day health services.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/18/2023James J. O'Day14th Worcester2/17/2023 1 of 2
HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1230
By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1230) of
Brian W. Murray and James J. O'Day for legislation to stabilize adult day health services. Health
Care Financing.
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 to stabilize adult day health services.
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 118 E, Section 13C is hereby amended by inserting at the end
2thereof the following:
3 The secretary of the executive office shall have the responsibility for establishing rates of
4payment for Adult Day Health Services which are reasonable and adequate to meet the costs
5which are incurred by efficiently and economically operated Adult Day Health Service providers
6in providing Adult Day Health Services in conformity with federal and state law, regulations and
7quality and safety standards; provided, that the secretary may designate another governmental
8unit to perform such ratemaking functions. When establishing rates of payment for Adult Day
9Health Services, the secretary of the executive office shall adjust rates to take into account
10factors, including, but not limited to: (i) the reasonable cost to Adult Day Health Service
11providers of any existing or new governmental mandate that has been enacted, promulgated or
12imposed by any governmental unit or federal governmental authority; (ii) a cost adjustment 2 of 2
13factor, to reflect changes in reasonable costs of goods, services, and transportation, of Adult Day
14Health programs including those attributed to wages and benefits, which shall not be less than
15the HCP CPI; (iii) establishing wages and benefits comparable to direct care staff in other health
16care settings; and (iv) Individual ADH Provider differences in real estate and capital costs,
17including rent, furniture, fixtures, and equipment, and any other capital costs.
18 SECTION 2 Chapter 118E, Section 13D is amended after the second paragraph by
19inserting the following:
20 Such rates for Adult Day Services shall be established as of July 1 biennially.
21 SECTION 3 Chapter 118E, Section 13D is amended by inserting at the end thereof the
22following:
23 Notwithstanding the provisions of any general or special law to the contrary, MassHealth
24shall reimburse Adult Day Health Programs to reserve a program slot for members for up to 20
25medical leave-of-absence days per year and for up to 10 non-medical leave-of-absence annually;
26provided further, that no Adult Day Health Programs shall reassign a participant’s slot during a
27leave of absence that is eligible for reimbursement under this section. A medical leave of absence
28shall include any medically necessary absence on a schedule day, a non-medical leave of absence
29shall include any other absence on a scheduled day.