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