Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1115 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2125
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce J. Ayers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act instructing the Massachusetts Department of Public Health to study the feasibility of
13	13	absorbing oversight of all “memory care” assisted living facilities and units in the
14	14	Commonwealth.
15	15	_______________
16	16	PETITION OF:
17	17	NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 3
18	18	HOUSE DOCKET, NO. 1115 FILED ON: 1/18/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 2125
20	20	By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2125) of Bruce
21	21	J. Ayers that the Department of Public Health be directed to study the feasibility of absorbing
22	22	oversight of “memory care” assisted living facilities and units in the Commonwealth. Public
23	23	Health.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE HOUSE, NO. 2221 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act instructing the Massachusetts Department of Public Health to study the feasibility of
32	32	absorbing oversight of all “memory care” assisted living facilities and units in the
33	33	Commonwealth.
34	34	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
35	35	of the same, as follows:
36	36	1 Section 1. For the purpose of this legislation, the term “memory care unit” shall be
37	37	2defined as an assisted living facility or a unit of an assisted living facility focusing solely on the
38	38	3treatment of Alzheimer’s Disease, Dementia, and other diseases resulting in permanent short-
39	39	4term and/or long-term memory loss.
40	40	5 Section 2. This bill will instruct the Department of Public Health to conduct a
41	41	6comprehensive study of the feasibility of absorbing oversight of all memory care units of assisted
42	42	7living facilities in the Commonwealth from the Department of Elder Affairs. This bill will also 2 of 3
43	43	8instruct the Department of Elder Affairs to forward all pertinent information relating to this
44	44	9comprehensive study to the Department of Public Health.
45	45	10 Section 3. Transferring oversight of all memory care units of assisted living facilities in
46	46	11the Commonwealth from the Department of Elder Affairs to the Department of Public Health
47	47	12will allow for increased oversight necessary for the proper care of those suffering from
48	48	13permanent memory loss. There are currently 151 memory care units in the Commonwealth, most
49	49	14of which are incorporated as separate units of assisted living facilities, of which there are 224 in
50	50	15the Commonwealth. All memory care units fall under the jurisdiction of the Department of Elder
51	51	16Affairs, and are therefore not defined as medical units. Residents of memory care units are not
52	52	17referred to as patients, and do not receive the proper medical care and attention necessary for
53	53	18treating memory loss. Furthermore, the 224 assisted living facilities in the Commonwealth house
54	54	19more than 14,000 residents, yet there are only two Department of Elder Affairs Ombudsmen
55	55	20statewide to ensure each facility is complying with regulations. This bill will study the feasibility
56	56	21of transferring all oversight of memory care units in the Commonwealth to the Department of
57	57	22Public Health; therefore memory care units may be defined as medical units and the proper
58	58	23regulations and supervision may be applied to facilities caring for those suffering from
59	59	24permanent memory loss.
60	60	25 Section 4. The Department of Public Health shall be responsible for conducting a
61	61	26comprehensive feasibility study on absorbing oversight of all memory care units of assisted
62	62	27living facilities in the Commonwealth from the Department of Elder Affairs. The Department of
63	63	28Elder Affairs shall be instructed to forward all pertinent information relative to this
64	64	29comprehensive study to the Department of Public Health. The Department of Public Health shall
65	65	30report their findings to the Governor of the Commonwealth; the Joint Committee on State 3 of 3
66	66	31Administration and Regulatory Oversight; the Joint Committee on Public Health; the Joint
67	67	32Committee on Elder Affairs; the general public; and other interested parties.
68	68	33 Section 5. The Department of Elder Affairs shall provide the Department of Public
69	69	34Health with all pertinent information relating to this study no later than 90 days after passage of
70	70	35this legislation.
71	71	36 Section 6. The Department of Public Health shall provide the full findings of this study to
72	72	37the aforementioned parties in Section 4 no later than 2 years after passage of this legislation.