Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S391

Introduced
2/16/23  

Caption

Providing transparency and accountability of nursing home ownership

Impact

If enacted, S391 would substantially impact state laws governing nursing homes and other long-term care facilities. The bill requires that all applicants for such facilities undergo a thorough vetting process by the Department of Public Health, which includes evaluations of their financial capacity, criminal history, and compliance with relevant regulations. This is designed to ensure that only qualified and reputable individuals are permitted to manage these facilities, enhancing the safety and care provided to residents, particularly the elderly.

Summary

Bill S391, titled 'An Act providing transparency and accountability of nursing home ownership', aims to enhance the regulatory framework surrounding long-term care facilities in Massachusetts. The proposed legislation seeks to amend Chapter 111 of the General Laws by establishing clearer definitions for key terms such as 'applicant', 'owner', and 'long-term care facility'. It mandates that owners with significant interests in such facilities must be licensed, thus increasing transparency regarding who operates these establishments and the qualifications that they hold.

Conclusion

Overall, S391 represents a significant step towards ensuring accountability in the nursing home sector, aiming to protect vulnerable populations through improved transparency in ownership and operational practices. The ongoing discussions around the bill reflect broader concerns regarding the quality of elder care in Massachusetts and the need for regulatory frameworks that adapt to evolving challenges in long-term care.

Contention

While supporters argue this measure will greatly improve the standards and oversight of nursing homes, there are concerns about the potential burden it may place on small operators who might struggle with the additional regulatory requirements. Some stakeholders fear that the increased licensing fees and stringent compliance may result in reduced availability of care facilities, particularly in underserved areas. Others express concerns over whether the state agencies possess the necessary resources to effectively implement and manage these expanded regulatory duties.

Companion Bills

MA S738

Similar To Relative to the nursing home quality jobs initiative

MA S393

Similar To Relative to reserving beds in nursing homes during certain leaves of absence

MA S399

Similar To Protecting the rights of older adults and people with disabilities

MA H616

Similar To Strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect

MA H625

Similar To Relative to stabilizing nursing home facilities

MA S2624

Replaced by Order relative to authorizing the joint committee on Elder Affairs to make an investigation and study of certain current Senate documents relative to elder care matters.

Previously Filed As

MA S1549

Relative to critical incident intervention by emergency service providers

MA S1311

Relative to updating animal health inspections

MA S1550

Relative to inmate telephone call rates

MA S1064

Removing the charitable immunity cap

MA S2422

Relative to child passenger safety

MA S1877

Clarifying occupancy excise and internet hotel room resellers

MA S2273

Relative to child passenger safety

MA S1193

Removing the charitable immunity cap

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