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HOUSE DOCKET, NO. 242 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 642
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mathew J. Muratore
_________________
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 individuals from birth to age twenty-two in need of short-term inpatient
skilled nursing and rehabilitation services.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mathew J. Muratore1st Plymouth1/10/2023Susannah M. Whipps2nd Franklin1/25/2023Kathleen R. LaNatra12th Plymouth1/26/2023Lenny Mirra2nd Essex1/26/2023James B. EldridgeMiddlesex and Worcester2/18/2023 1 of 3
HOUSE DOCKET, NO. 242 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 642
By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 642) of
Mathew J. Muratore and others relative to short-term inpatient skilled nursing and rehabilitation
services for persons twenty-two years of age or younger. Elder Affairs.
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 individuals from birth to age twenty-two in need of short-term inpatient
skilled nursing and rehabilitation services.
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 111 of the General Laws is hereby amended by striking out Section
24J in its entirety and inserting in place thereof the following section:
3 Section 4J. No individual from birth to age twenty-two who is in need of long-term
4inpatient skilled nursing and rehabilitation services shall be admitted to a nursing home unless,
5prior to such admission, an application has been made by or on behalf of such individual for
6certification by the Department's Multi-Disciplinary Medical Review Team of eligibility for
7nursing home care in the nursing home to which the individual seeks admission. Notwithstanding
8any law or regulation to the contrary, any individual from birth to age twenty-two in need of
9short-term inpatient skilled nursing and rehabilitation services may be admitted to a nursing
10home upon the referral of his or her primary care physician or hospital discharge team without
11application to or certification by the Department’s Multi-Disciplinary Medical Review Team.
12For purposes of this section, “long-term inpatient skilled nursing and rehabilitation services” 2 of 3
13means admission to a nursing home for such services in excess of one year from the date of
14admission, and “short-term inpatient skilled nursing and rehabilitation services” means
15admission to a nursing home for such services for up to and including one year from the date of
16admission. A majority of the members of the medical review team shall consist of currently
17licensed health and allied health professionals who are not employees of the Commonwealth and
18who have been engaged full-time in primary care practice in their respective areas of
19specialization within the two years immediately prior to the commencement of service on the
20medical review team. Such other individuals as the department may, from time to time, deem
21appropriate may also serve on the medical review team. No person shall serve on the medical
22review team for a period exceeding two years. The medical review team shall, in consultation
23with the individual's referring physician, discharge planners at the individual's referring
24healthcare institution, the individual's parents, next-of-kin or guardians, the individual's primary
25care physician, and, to the extent deemed necessary, the departments of mental health, children
26and families, transitional assistance, education, department of early education and care and the
27commission for the blind, assess the medical, nursing, therapy, rehabilitation, and restorative
28needs of such individuals. In the event that the medical review team fails to render a decision on
29certification within ten business days after submission of any application for certification, the
30individual shall be deemed approved for admission to the nursing home. In reviewing
31applications for certification of eligibility, the medical review team shall not deny certification
32on the basis of sex, nationality, religious affiliation, residency or domicile, source of payment or
33reimbursement, type of illness or injury sustained or suffered by the individual, or, if the nursing
34home to which the individual seeks admission is able to provide requisite care, the ability of any
35other health care facility, wherever located, to provide such care. In the event that the medical 3 of 3
36review team denies certification, it shall refer the individual to an alternative care program
37appropriate to each individual's needs, and prior to such referral, determine if said program has
38the ability to immediately care for the individual.
39 SECTION 2. The first sentence of the second paragraph of Section 19 of chapter 118E of
40the General Laws is hereby amended by inserting after the phrase “twenty years of age or under”
41the following words:- “in need of long-term inpatient skilled nursing and rehabilitation services,
42as defined in section four J of chapter one hundred and eleven”.
43 SECTION 3. Section 19 of chapter 118E of the General Laws is hereby amended by
44inserting after the last sentence of the second paragraph the following sentence:-
45“Notwithstanding any law or regulation to the contrary, any individual from birth to age twenty-
46two in need of short-term inpatient skilled nursing and rehabilitation services, as defined in
47section four J of chapter one hundred and eleven, may be admitted to a nursing home upon the
48referral of his or her primary care physician or hospital discharge team without application to or
49certification by the department of public health’s medical review team.”