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HOUSE DOCKET, NO. 3641 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 641
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael J. Moran
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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 regulating beds out of service at long term care facilities.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Moran18th Suffolk1/20/2023 1 of 2
HOUSE DOCKET, NO. 3641 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 641
By Representative Moran of Boston, a petition (accompanied by bill, House, No. 641) of
Michael J. Moran relative to regulating beds out of service at long term care facilities. Elder
Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 749 OF 2021-2022.]
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 regulating beds out of service at long term care facilities.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
establish forthwith protections for certain long term care providers, therefore it is hereby
declared to be an emergency law, necessary for the immediate preservation of the public
convenience.
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. Section 71 of chapter 111 of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by inserting after the twenty-second paragraph the following
3paragraph:-
4 The department shall permit long-term care facilities to maintain beds out of service upon
5request, including, but not limited to select beds in open long-term care facilities and all beds in a
6previously closed long-term care facilities and shall promulgate rules and regulations for the
7request and approval process for beds out of service for circumstances other than those taken out 2 of 2
8of service pursuant to a determination of need or for the completion of a plan of correction. Beds
9out of service may be the subject of transfer of ownership and determination of need filings. For
10the purposes of this paragraph the term “beds out of service” shall mean those beds that are
11either a part of or all of the licensed capacity of a facility, which are currently not occupied,
12staffed or physically available for occupancy.
13 SECTION 2. Section 1 of this act shall apply to beds out of service approved by the
14department of public health in 2018; provided however, that upon promulgation of the rules and
15regulations required by this act, section 1 shall apply to beds out of service approved by the
16department pursuant to such rules and regulations.