Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S739 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. 433 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 739
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 stabilizing the commonwealth’s nursing facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsAdam Scanlon14th Bristol1/18/2023Vanna Howard17th Middlesex2/7/2023Mathew J. Muratore1st Plymouth2/28/2023Angelo J. Puppolo, Jr.12th Hampden3/7/2023 1 of 3
16	16	SENATE DOCKET, NO. 433 FILED ON: 1/15/2023
17	17	SENATE . . . . . . . . . . . . . . No. 739
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 739) of Julian Cyr, Adam Scanlon,
19	19	Vanna Howard, Mathew J. Muratore and others for legislation relative to stabilizing the
20	20	commonwealth’s nursing facilities. Health Care Financing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to stabilizing the commonwealth’s nursing facilities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 118E of the General Laws, as appearing in the 2020 official edition
30	30	2is hereby amended by inserting at the end thereof the following new sections:-
31	31	3 Section 80. In setting Medicaid rates for nursing homes licensed pursuant to section
32	32	4seventy-one of chapter 111 of the general laws, the executive office of health and human services
33	33	5shall annually adjust such payments with an inflation adjustment consistent with the annual
34	34	6unadjusted Skilled Nursing Facility Market Basket Update, as established by the Centers for
35	35	7Medicare & Medicaid Services in 42 C.F.R. § 413.337.
36	36	8 Section 81. For the purpose of recognizing current labor and resident care costs in setting
37	37	9Medicaid rates for nursing homes licensed pursuant to section seventy-one of the chapter 111 of
38	38	10the general laws, the executive office of health and human services shall use as base year costs
39	39	11for rate determination purposes the reported costs of the calendar year not more than 2 years
40	40	12prior to the current rate year. 2 of 3
41	41	13 Section 82. Nursing homes licensed pursuant to section seventy-one of chapter 111 of the
42	42	14general laws must have sufficient nursing staff with the appropriate competencies and skills sets
43	43	15to provide nursing and related services to assure resident safety and attain or maintain the highest
44	44	16practicable physical, mental, and psychosocial well-being of each resident, as determined by
45	45	17resident assessments and individual plans of care and considering the number, acuity and
46	46	18diagnoses of the facility's resident population in accordance with the facility assessment required
47	47	19at 42 CFR 483.70(e). For the purpose of setting Medicaid rates for nursing homes licensed
48	48	20pursuant to section seventy-one of chapter 111 of the general laws, the executive office of health
49	49	21and human services shall recognize its full share of the actual nursing costs of meeting this
50	50	22requirement.
51	51	23 Section 83. In setting Medicaid rates for nursing homes licensed pursuant to section
52	52	24seventy-one of chapter 111 of the general laws, the executive office of health and human services
53	53	25shall utilize a single form by the division and the federal Department of Health and Human
54	54	26Services to: (i) collect resident care information including, but not limited to, case-mix
55	55	27information to be used for resident reimbursement; and (ii) set the nursing component of the
56	56	28Medicaid skilled nursing facility rate. In transitioning to a new single acuity payment method for
57	57	29the nursing component, MassHealth shall ensure that facilities will receive a nursing rate per
58	58	30diem that is no less than the per nursing per diem amount under the dual acuity system.
59	59	31 Section 84. In setting the capital rate component of the Medicaid rate for nursing homes
60	60	32licensed pursuant to section seventy-one of chapter 111 of the general laws, the executive office
61	61	33of health and human services shall recognize costs necessary to enable facilities to invest in
62	62	34building repairs, maintenance, updates and durable medical equipment to ensure nursing facility
63	63	35resident safety, comfort and quality of life. Reimbursement for new and updated construction 3 of 3
64	64	36projects shall be based on valid economic indicators that accurately reflect current building and
65	65	37maintenance costs.