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2 | 2 | | HOUSE DOCKET, NO. 321 FILED ON: 1/11/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1244 |
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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 | | Adam Scanlon |
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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 relative to stabilizing the Commonwealth's nursing facilities. |
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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:Adam Scanlon14th Bristol1/11/2023Vanna Howard17th Middlesex1/31/2023Denise C. Garlick13th Norfolk2/15/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 321 FILED ON: 1/11/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1244 |
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18 | 18 | | By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. |
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19 | 19 | | 1244) of Adam Scanlon, Vanna Howard and Denise C. Garlick relative to stabilizing nursing |
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20 | 20 | | facility inflationary costs. Health 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 relative to stabilizing the Commonwealth's nursing facilities. |
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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 118E of the General Laws, as appearing in the 2020 official edition |
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30 | 30 | | 2is hereby amended by inserting at the end thereof the following new sections: - |
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31 | 31 | | 3 Section 80. In setting Medicaid rates for nursing homes, the executive office of health |
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32 | 32 | | 4and human services shall annually recognize inflationary costs by adjusting nursing home |
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33 | 33 | | 5allowable resident care base year costs to the rate year using the annual unadjusted Skilled |
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34 | 34 | | 6Nursing Facility Market Basket Update as established by the Centers for Medicare & Medicaid |
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35 | 35 | | 7in the Medicare Skilled Nursing Facility prospective payment system rule. |
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36 | 36 | | 8 Section 81. For the purpose of recognizing current labor and resident care costs in setting |
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37 | 37 | | 9Medicaid nursing home rates, the executive office of health and human services shall use as base |
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38 | 38 | | 10year costs for rate determination purposes the reported costs of the calendar year not more than 2 |
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39 | 39 | | 11years prior to the current rate year. 2 of 2 |
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40 | 40 | | 12 Section 82. For purposes of recognizing nursing labor costs performed for resident care, |
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41 | 41 | | 13the executive office of health and human services shall set the so-called Nursing Cost Per Diem |
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42 | 42 | | 14at the statewide average plus 10%. |
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43 | 43 | | 15 Section 83: The executive office of health and human services shall ensure that facilities |
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44 | 44 | | 16that serve a disproportionately high number of Medicaid residents receive an upward adjustment |
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45 | 45 | | 17of no less than 5 percent to their Medicaid rate. To qualify for this upward adjustment, Medicaid |
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46 | 46 | | 18residents must represent 75 percent or greater of all resident care days. |
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47 | 47 | | 19 Section 84: In setting Medicaid capital rates for the Department of Public Health |
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48 | 48 | | 20Determination of Need approved construction projects beginning October 1, 2024 in connection |
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49 | 49 | | 21with, but not limited to, conversion of rooms with three or more residents to one- and two- |
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50 | 50 | | 22bedded rooms, the executive office of health and human services shall set the rate at no less than |
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51 | 51 | | 23the capital payment using the capital standard payment calculation methodology in effect on |
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52 | 52 | | 24September 30, 2019 under 101 CMR 206.05. |
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