Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S738 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 400 FILED ON: 1/13/2023
3	3	SENATE . . . . . . . . . . . . . . No. 738
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 the nursing home quality jobs initiative.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsPaul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	2/7/2023Mathew J. Muratore1st Plymouth2/28/2023Angelo J. Puppolo, Jr.12th Hampden3/7/2023 1 of 4
18	18	SENATE DOCKET, NO. 400 FILED ON: 1/13/2023
19	19	SENATE . . . . . . . . . . . . . . No. 738
20	20	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 738) of Julian Cyr, Paul W. Mark,
21	21	Mathew J. Muratore and Angelo J. Puppolo, Jr. for legislation relative to the nursing home
22	22	quality jobs initiative. Health Care Financing.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 759 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act relative to the nursing home quality jobs initiative.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 official edition
34	34	2is hereby amended by inserting at the end thereof the following new section:-
35	35	3 Section 80. For the purpose of ensuring a living wage for nursing facility direct care staff,
36	36	4MassHealth shall enact regulations regarding standard payments from MassHealth to nursing
37	37	5facilities that establish a living wage for direct care staff of licensed nursing homes, including,
38	38	6but not limited to, certified nurse aides, and housekeeping, laundry, dietary, plant operations,
39	39	7activities, behavioral, security and clerical staff. Such regulations shall ensure that such standard
40	40	8payments shall reimburse nursing facilities for the costs of paying a living wage, associated
41	41	9payroll benefits and related employee costs. Provided further that MassHealth shall, subject to
42	42	10appropriation, adjust such payments for all direct care staff with an inflation adjustment 2 of 4
43	43	11consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update, as
44	44	12established by the Centers for Medicare & Medicaid Services in 42 C.F.R. § 413.337. For the
45	45	13purposes of this adjustment, direct care staff shall include the staff recognized in the MassHealth
46	46	14Direct Care Cost-Quotient calculation. MassHealth shall adopt all additional regulations and
47	47	15procedures necessary to carry out this section, provided, that such regulations shall include
48	48	16permissible use standards mandating that facilities shall expend these supplemental payments
49	49	17exclusively on direct care staff expenses, which shall be further defined in such regulations but
50	50	18that shall not include spending on temporary nursing staff, management staff or nursing facility
51	51	19administrators. Such additional regulations and procedures shall include: (i) mandated facility
52	52	20interim reporting to the executive office of health and human services on the ways in which the
53	53	21facility expects to spend; and (ii) mandated facility final reporting on the expenditure of
54	54	22payments received under this section, including audits and provisions that reconcile such
55	55	23expenditure reporting with the Direct Care Cost-Quotient calculation. MassHealth shall submit to
56	56	24the house and senate committees on ways and means a report containing an analysis of funds
57	57	25expended under this program.
58	58	26 SECTION 2. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition,
59	59	27is hereby amended by inserting after section 9U the following 2 sections:-
60	60	28 Section 9V. The Executive Office of Labor and Workforce Development, through the
61	61	29Commonwealth Corporation, shall establish a grant program for nursing facility supervisory and
62	62	30leadership training. The program shall include, but not be limited to, covering the cost of nursing
63	63	31facility employee participation in evidence-based supervisory training for the express purpose of
64	64	32building supervisory skill and competency in improving staff satisfaction, retaining staff and
65	65	33reducing turnover. 3 of 4
66	66	34 Section 9W. The Executive Office of Labor and Workforce Development shall, subject to
67	67	35appropriation, establish a Certified Nursing Assistant to Licensed Practical Nurse Career Ladder
68	68	36grant program to be administered by the Massachusetts Commonwealth Corporation, in
69	69	37consultation with, but not limited to, the Massachusetts Senior Care Association, Social Finance
70	70	38and practical nursing training providers for the express purpose of establishing a career
71	71	39advancement pathway to enable certified nursing assistants to enroll in licensed practical nursing
72	72	40programs at local community colleges, technical high schools or other accredited programs. The
73	73	41Commonwealth Corporation shall establish criteria for awarding regional collaborative grants
74	74	42that shall fund the full cost of tuition, fees and curriculum materials, as well as paying staff
75	75	43wages to attend classes to secure their practical nursing certificate and may include stipends for
76	76	44childcare, transportation, English as a second language classes and other costs the Corporation
77	77	45deems necessary to ensure the success of the program; and provided further that these grants can
78	78	46be expended over a three-year period.
79	79	47 SECTION 3. Chapter 111 of the General Laws, as so appearing, is hereby amended by
80	80	48inserting after section 4O the following section:-
81	81	49 Section 4P. The Executive Office of Labor and Workforce Development shall, subject to
82	82	50appropriation, establish a Resident Care Assistant to Certified Nursing Assistant career ladder
83	83	51grant program to be administered by the Massachusetts Commonwealth Corporation. The grant
84	84	52shall fund the full costs of certified nursing assistant training and competency testing, as well
85	85	53paying staff wages to attend certified nursing assistant training, and may include stipends for
86	86	54childcare, transportation, and English as a second language classes provided that: (i) the tuition is
87	87	55for an approved certified nursing assistant training program; and (ii) individuals have begun
88	88	56employment as a resident care assistant in a licensed nursing facility and complete the approved 4 of 4
89	89	57certified nursing assistant training program within 90 days of employment as a resident care
90	90	58assistant; and (iii) individuals take the required nurse aid certification exam within 30 days of
91	91	59completing the approved nurse aide training program.