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HOUSE DOCKET, NO. 321 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1244
The Commonwealth of Massachusetts
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PRESENTED BY:
Adam Scanlon
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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:Adam Scanlon14th Bristol1/11/2023Vanna Howard17th Middlesex1/31/2023Denise C. Garlick13th Norfolk2/15/2023 1 of 2
HOUSE DOCKET, NO. 321 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 1244
By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No.
1244) of Adam Scanlon, Vanna Howard and Denise C. Garlick relative to stabilizing nursing
facility inflationary costs. 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 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 2020 official edition
2is hereby amended by inserting at the end thereof the following new sections: -
3 Section 80. 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 81. 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
10year costs for rate determination purposes the reported costs of the calendar year not more than 2
11years prior to the current rate year. 2 of 2
12 Section 82. 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 83: 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 84: In setting Medicaid capital rates for the Department of Public Health
20Determination of Need approved construction projects beginning October 1, 2024 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.