Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1230 Compare Versions

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22 HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1230
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Brian W. Murray
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 to stabilize adult day health services.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Brian W. Murray10th Worcester1/18/2023James J. O'Day14th Worcester2/17/2023 1 of 2
1616 HOUSE DOCKET, NO. 1827 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1230
1818 By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1230) of
1919 Brian W. Murray and James J. O'Day for legislation to stabilize adult day health services. Health
2020 Care Financing.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to stabilize adult day health services.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1 Chapter 118 E, Section 13C is hereby amended by inserting at the end
3030 2thereof the following:
3131 3 The secretary of the executive office shall have the responsibility for establishing rates of
3232 4payment for Adult Day Health Services which are reasonable and adequate to meet the costs
3333 5which are incurred by efficiently and economically operated Adult Day Health Service providers
3434 6in providing Adult Day Health Services in conformity with federal and state law, regulations and
3535 7quality and safety standards; provided, that the secretary may designate another governmental
3636 8unit to perform such ratemaking functions. When establishing rates of payment for Adult Day
3737 9Health Services, the secretary of the executive office shall adjust rates to take into account
3838 10factors, including, but not limited to: (i) the reasonable cost to Adult Day Health Service
3939 11providers of any existing or new governmental mandate that has been enacted, promulgated or
4040 12imposed by any governmental unit or federal governmental authority; (ii) a cost adjustment 2 of 2
4141 13factor, to reflect changes in reasonable costs of goods, services, and transportation, of Adult Day
4242 14Health programs including those attributed to wages and benefits, which shall not be less than
4343 15the HCP CPI; (iii) establishing wages and benefits comparable to direct care staff in other health
4444 16care settings; and (iv) Individual ADH Provider differences in real estate and capital costs,
4545 17including rent, furniture, fixtures, and equipment, and any other capital costs.
4646 18 SECTION 2 Chapter 118E, Section 13D is amended after the second paragraph by
4747 19inserting the following:
4848 20 Such rates for Adult Day Services shall be established as of July 1 biennially.
4949 21 SECTION 3 Chapter 118E, Section 13D is amended by inserting at the end thereof the
5050 22following:
5151 23 Notwithstanding the provisions of any general or special law to the contrary, MassHealth
5252 24shall reimburse Adult Day Health Programs to reserve a program slot for members for up to 20
5353 25medical leave-of-absence days per year and for up to 10 non-medical leave-of-absence annually;
5454 26provided further, that no Adult Day Health Programs shall reassign a participant’s slot during a
5555 27leave of absence that is eligible for reimbursement under this section. A medical leave of absence
5656 28shall include any medically necessary absence on a schedule day, a non-medical leave of absence
5757 29shall include any other absence on a scheduled day.