Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H628 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. 1687 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 628
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kenneth I. Gordon
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 relative to certified medical directors at skilled nursing facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/11/2023Aaron L. Saunders7th Hampden2/15/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1687 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 628
18	18	By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 628) of
19	19	Kenneth I. Gordon and Aaron L. Saunders relative to certified medical directors at skilled
20	20	nursing facilities. Elder Affairs.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to certified medical directors at skilled nursing facilities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. For the purposes of this act the following terms shall, unless the context
30	30	2requires otherwise, have the following meanings:-
31	31	3 “Certified medical director”, an individual who has been certified as a certified medical
32	32	4director by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent
33	33	5organization, as determined by the department of public health.
34	34	6 “Department”, the department of public health.
35	35	7 “Skilled nursing facility”, a facility that is licensed pursuant to section 71 of chapter 111
36	36	8of the General Laws, which primarily provides inpatient skilled nursing care and related services
37	37	9to patients who require medical, nursing or rehabilitative services but does not provide the level
38	38	10of care or treatment available in a hospital, including any skilled nursing facility that is operated
39	39	11as a distinct part of an acute care hospital. 2 of 3
40	40	12 SECTION 2. (a) No skilled nursing facility shall contract with a person as a medical
41	41	13director if the person is not, or will not be within 5 years of the date of initial hire as the facility’s
42	42	14medical director, a certified medical director, except as set forth in subsection (b).
43	43	15 (b) A medical director already employed in a skilled nursing facility as of January 1,
44	44	162023 shall have until January 1, 2028 to become a certified medical director.
45	45	17 SECTION 3. (a) Skilled nursing facilities seeking licensure pursuant to said section 71 of
46	46	18said chapter 111 shall submit to the department all of the following information on its medical
47	47	19director upon its initial application for licensure:
48	48	20 (1) the criminal history of the medical director;
49	49	21 (2) the medical director’s resume; and
50	50	22 (3) proof of the medical director’s certification as a certified medical director or, if the
51	51	23medical director is not yet certified, the expected date of certification.
52	52	24 (c) Skilled nursing facilities shall notify the department of any changes in its medical
53	53	25director by submitting the information required in subsection (a) within 10 calendar days of said
54	54	26changes.
55	55	27 (d) All skilled nursing facilities shall submit to the department the information required in
56	56	28subsection (a) no later than June 30, 2024.
57	57	29 SECTION 4. Whoever acts as a certified medical director or represents themselves to be
58	58	30a certified medical director without having been duly certified shall be punished by a fine of not
59	59	31less than $500 or by imprisonment in a house of correction for not more than 6 months, or both. 3 of 3
60	60	32 SECTION 5. No later than January 1, 2031, the department shall submit a report to the
61	61	33clerks of the senate and house of representatives and the joint committee on public health. The
62	62	34report shall include a recommendation on a permanent requirement for skilled nursing facilities
63	63	35to contract with certified medical directors. The report may also include any other recommended
64	64	36legislation, regulations, policies or procedures related to certified medical directors.
65	65	37 SECTION 6. Sections 1 through 4, inclusive, are hereby repealed.
66	66	38 SECTION 7. Section 6 shall take effect on January 1, 2033.