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| 2 | 2 | | HOUSE DOCKET, NO. 3641 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 641 |
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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 | | Michael J. Moran |
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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 regulating beds out of service at long term care 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:Michael J. Moran18th Suffolk1/20/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3641 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 641 |
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| 18 | 18 | | By Representative Moran of Boston, a petition (accompanied by bill, House, No. 641) of |
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| 19 | 19 | | Michael J. Moran relative to regulating beds out of service at long term care facilities. Elder |
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| 20 | 20 | | Affairs. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 749 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act regulating beds out of service at long term care facilities. |
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| 29 | 29 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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| 30 | 30 | | establish forthwith protections for certain long term care providers, therefore it is hereby |
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| 31 | 31 | | declared to be an emergency law, necessary for the immediate preservation of the public |
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| 32 | 32 | | convenience. |
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| 33 | 33 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 34 | 34 | | of the same, as follows: |
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| 35 | 35 | | 1 SECTION 1. Section 71 of chapter 111 of the General Laws, as appearing in the 2016 |
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| 36 | 36 | | 2Official Edition, is hereby amended by inserting after the twenty-second paragraph the following |
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| 37 | 37 | | 3paragraph:- |
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| 38 | 38 | | 4 The department shall permit long-term care facilities to maintain beds out of service upon |
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| 39 | 39 | | 5request, including, but not limited to select beds in open long-term care facilities and all beds in a |
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| 40 | 40 | | 6previously closed long-term care facilities and shall promulgate rules and regulations for the |
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| 41 | 41 | | 7request and approval process for beds out of service for circumstances other than those taken out 2 of 2 |
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| 42 | 42 | | 8of service pursuant to a determination of need or for the completion of a plan of correction. Beds |
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| 43 | 43 | | 9out of service may be the subject of transfer of ownership and determination of need filings. For |
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| 44 | 44 | | 10the purposes of this paragraph the term “beds out of service” shall mean those beds that are |
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| 45 | 45 | | 11either a part of or all of the licensed capacity of a facility, which are currently not occupied, |
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| 46 | 46 | | 12staffed or physically available for occupancy. |
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| 47 | 47 | | 13 SECTION 2. Section 1 of this act shall apply to beds out of service approved by the |
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| 48 | 48 | | 14department of public health in 2018; provided however, that upon promulgation of the rules and |
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| 49 | 49 | | 15regulations required by this act, section 1 shall apply to beds out of service approved by the |
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| 50 | 50 | | 16department pursuant to such rules and regulations. |
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