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2 | 2 | | HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1230 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brian W. Murray |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to stabilize adult day health services. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/18/2023James J. O'Day14th Worcester2/17/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1230 |
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18 | 18 | | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1230) of |
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19 | 19 | | Brian W. Murray and James J. O'Day for legislation to stabilize adult day health services. Health |
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20 | 20 | | Care Financing. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to stabilize adult day health services. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1 Chapter 118 E, Section 13C is hereby amended by inserting at the end |
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30 | 30 | | 2thereof the following: |
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31 | 31 | | 3 The secretary of the executive office shall have the responsibility for establishing rates of |
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32 | 32 | | 4payment for Adult Day Health Services which are reasonable and adequate to meet the costs |
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33 | 33 | | 5which are incurred by efficiently and economically operated Adult Day Health Service providers |
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34 | 34 | | 6in providing Adult Day Health Services in conformity with federal and state law, regulations and |
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35 | 35 | | 7quality and safety standards; provided, that the secretary may designate another governmental |
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36 | 36 | | 8unit to perform such ratemaking functions. When establishing rates of payment for Adult Day |
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37 | 37 | | 9Health Services, the secretary of the executive office shall adjust rates to take into account |
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38 | 38 | | 10factors, including, but not limited to: (i) the reasonable cost to Adult Day Health Service |
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39 | 39 | | 11providers of any existing or new governmental mandate that has been enacted, promulgated or |
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40 | 40 | | 12imposed by any governmental unit or federal governmental authority; (ii) a cost adjustment 2 of 2 |
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41 | 41 | | 13factor, to reflect changes in reasonable costs of goods, services, and transportation, of Adult Day |
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42 | 42 | | 14Health programs including those attributed to wages and benefits, which shall not be less than |
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43 | 43 | | 15the HCP CPI; (iii) establishing wages and benefits comparable to direct care staff in other health |
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44 | 44 | | 16care settings; and (iv) Individual ADH Provider differences in real estate and capital costs, |
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45 | 45 | | 17including rent, furniture, fixtures, and equipment, and any other capital costs. |
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46 | 46 | | 18 SECTION 2 Chapter 118E, Section 13D is amended after the second paragraph by |
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47 | 47 | | 19inserting the following: |
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48 | 48 | | 20 Such rates for Adult Day Services shall be established as of July 1 biennially. |
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49 | 49 | | 21 SECTION 3 Chapter 118E, Section 13D is amended by inserting at the end thereof the |
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50 | 50 | | 22following: |
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51 | 51 | | 23 Notwithstanding the provisions of any general or special law to the contrary, MassHealth |
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52 | 52 | | 24shall reimburse Adult Day Health Programs to reserve a program slot for members for up to 20 |
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53 | 53 | | 25medical leave-of-absence days per year and for up to 10 non-medical leave-of-absence annually; |
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54 | 54 | | 26provided further, that no Adult Day Health Programs shall reassign a participant’s slot during a |
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55 | 55 | | 27leave of absence that is eligible for reimbursement under this section. A medical leave of absence |
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56 | 56 | | 28shall include any medically necessary absence on a schedule day, a non-medical leave of absence |
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57 | 57 | | 29shall include any other absence on a scheduled day. |
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