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SENATE DOCKET, NO. 433 FILED ON: 1/15/2023
SENATE . . . . . . . . . . . . . . No. 739
The Commonwealth of Massachusetts
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PRESENTED BY:
Julian Cyr
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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 stabilizing the commonwealth’s nursing facilities.
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PETITION OF:
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
SENATE DOCKET, NO. 433 FILED ON: 1/15/2023
SENATE . . . . . . . . . . . . . . No. 739
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 739) of Julian Cyr, Adam Scanlon,
Vanna Howard, Mathew J. Muratore and others for legislation relative to stabilizing the
commonwealth’s nursing facilities. Health Care Financing.
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 stabilizing the commonwealth’s nursing facilities.
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 sections:-
3 Section 80. In setting Medicaid rates for nursing homes licensed pursuant to section
4seventy-one of chapter 111 of the general laws, the executive office of health and human services
5shall annually adjust such payments with an inflation adjustment consistent with the annual
6unadjusted Skilled Nursing Facility Market Basket Update, as established by the Centers for
7Medicare & Medicaid Services in 42 C.F.R. § 413.337.
8 Section 81. For the purpose of recognizing current labor and resident care costs in setting
9Medicaid rates for nursing homes licensed pursuant to section seventy-one of the chapter 111 of
10the general laws, the executive office of health and human services shall use as base year costs
11for rate determination purposes the reported costs of the calendar year not more than 2 years
12prior to the current rate year. 2 of 3
13 Section 82. Nursing homes licensed pursuant to section seventy-one of chapter 111 of the
14general laws must have sufficient nursing staff with the appropriate competencies and skills sets
15to provide nursing and related services to assure resident safety and attain or maintain the highest
16practicable physical, mental, and psychosocial well-being of each resident, as determined by
17resident assessments and individual plans of care and considering the number, acuity and
18diagnoses of the facility's resident population in accordance with the facility assessment required
19at 42 CFR 483.70(e). For the purpose of setting Medicaid rates for nursing homes licensed
20pursuant to section seventy-one of chapter 111 of the general laws, the executive office of health
21and human services shall recognize its full share of the actual nursing costs of meeting this
22requirement.
23 Section 83. In setting Medicaid rates for nursing homes licensed pursuant to section
24seventy-one of chapter 111 of the general laws, the executive office of health and human services
25shall utilize a single form by the division and the federal Department of Health and Human
26Services to: (i) collect resident care information including, but not limited to, case-mix
27information to be used for resident reimbursement; and (ii) set the nursing component of the
28Medicaid skilled nursing facility rate. In transitioning to a new single acuity payment method for
29the nursing component, MassHealth shall ensure that facilities will receive a nursing rate per
30diem that is no less than the per nursing per diem amount under the dual acuity system.
31 Section 84. In setting the capital rate component of the Medicaid rate for nursing homes
32licensed pursuant to section seventy-one of chapter 111 of the general laws, the executive office
33of health and human services shall recognize costs necessary to enable facilities to invest in
34building repairs, maintenance, updates and durable medical equipment to ensure nursing facility
35resident safety, comfort and quality of life. Reimbursement for new and updated construction 3 of 3
36projects shall be based on valid economic indicators that accurately reflect current building and
37maintenance costs.